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HomeMy WebLinkAbout06-17-2025 FORMAL SESSION AGENDACity Council Members Mayor Robert M. "Bobby" Dyer bdver@VBgov.com i 757-385-4581 Vice Mayor Rosemary Wilson, District 5 rcwilson@VBgov.com i 757-422-0733 Michael F. Berlucchi, District 3 mberlucc@VBgov.com 1 757-407-5105 Stacy Cummings, District 8 StCummings@VBgov.com 1 757-629-8691 Barbara M. Henley, District 2 bhenlev@VBgov.com 1 757-426-7501 David Hutcheson, District 1 dhutcheson@VBgov.com i 757-651-7641 Cal "Cash" Jackson -Green, District 7 CJacksonGreen@VBgov.com 1 757-629-8792 Robert W. "Worth" Remick, District 6 wremick@VBgov.com 1 757-840-5855 Dr. Amelia N. Ross -Hammond, District 4 arosshammond@VBgov.com 1 757-840-0735 Jennifer Rouse, District 10 jvrouse@VBgov.com 1757-840-1821 Joashua F. "Joash" Schulman, District 9 ichulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Manager Mark D. Stiles City Attorney Lyndon S. Remias City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 Fax: 757-385-5669 City Council Agenda June 17, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM - A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:30 P.M. Jeff Waller, P.E., Chair — Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager —Jacobs Engineering B. VIRGINIA BEACH VA250 COMMITTEE UPDATE James Wood, Chair — Virginia Beach VA250 Committee (Requested by Mayor Dyer and Council Members Remick and Ross -Hammond) CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE 3:15 P.M. 3:45 P.M. LR11111 ►"i! -CITY COUNCIL CONFERENCE ROOM- 4:15 P.M. -CITY COUNCIL CHAMBER- 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. PUBLIC HEARING 1. GRANT EASEMENT OVER CITY PROPERTY 50'-wide (5,000 square feet) 40 -year access and utility easement Lake Gaston Pipeline 6:00 P.M. H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 2-214.3 re providing for the adoption of sections of the Virginia Public Procurement Act 2. Ordinance to ADOPT a revised Policy re remote participation by City Council Members in Council Meetings 3. Resolution to RENEW permits to allow certain Emergency Medical Services (EMS) Agencies to operate in the City re Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, LLC; Shore Transportation Services, Inc., and Hospital to Home, LLC, a/k/a H2H Emergency Services 4. Ordinance to AMEND the Virginia Beach City Public Schools (VBCPS) FY 2025-26 Operating Budget and Capital Improvement Program and AUTHORIZE one full-time position within the Department of Parks and Recreation 5. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 6. Ordinance to ACCEPT and APPROPRIATE $1.9-Million from the Virginia Department of Social Services (VDSS) to the FY2024-25 Human Services Operating Budget and AUTHORIZE a $1,273,000 local match from the Human Services Operating Budget re personnel costs and related operational expenses 7. Ordinance to ACCEPT and APPROPRIATE $436,326 from the Virginia Department of Criminal Justice Services to the FY 2025-26 Virginia Beach City Public Schools Operating Budget as a grant subrecipient re School Security Officers and Security Assistants 8. Ordinance to ACCEPT and APPROPRIATE $418,550 from the United States Department of Energy to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating re energy efficiency and conservation activities 9. Ordinance to ACCEPT and APPROPRIATE $208,079 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Workforce Development Services 10.Ordinance to ACCEPT and APPROPRIATE $94,479 from the Virginia Marine Resources Commission (VMRC) Abandon or Derelict Vessel (ADV) Program to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating Budget and AUTHORIZE $94,479 sub recipient grant to the Vessel Disposal and Reuse Foundation re removal of five (5) vessels 11. Ordinance to ACCEPT and APPROPRIATE $69,698 from the Virginia Department of Behavioral Health and Developmental Services to the Grants Consolidated Fund within the FY 2024-25 Human Services Operating Budget re support of a Data Infrastructure Cost Sharing Agreement 12. Ordinance to ACCEPT and APPROPRIATE $17,323 from the Department of Criminal Justice Services through the 2025 Bryne Justice Assistance Grant (JAG) Program to the Grants Consolidated Fund within the FY 2024-25 Sheriff's Office Operating Budget and AUTHORIZE a $5,774 local match re purchase of equipment 13.Ordinance to ACCEPT and APPROPRIATE $16,655 from the Virginia Military Community Infrastructure Grant Program tothe FY 2024-25 Capital Improvement Program re Project #100701 "Princess Anne Road Water Transmission Main" re portion of the local match 14. Ordinance to ACCEPT and APPROPRIATE $14,450 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-2025 Human Services Operating Budget re Adult Outpatient Competency Restoration and Evaluations services 15. Ordinance to ACCEPT and APPROPRIATE $13,013 from various donations to the FY 2024-25 Non - Departmental Operating Budget of the Mayor's Committee Trust Fund re purchases related to Mayor's Commission on Aging 16. Ordinance to TRANSFER $1,302,068 from General Fund salary savings to the FY 2024-25 Police Department Operating Budget re implement the Drone as a First Responder Pilot Program J. PLANNING 1. HWG VA BEACH, LLC / 1808 SALEM, LLC for a Modification of Proffers to a Conditional Change of Zoning re convert the former Rite Aid building to a childcare center and tenant space at 1808 Salem Road DISTRICT 10 RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re Borrow - Pit Fill at 560 Oceana Boulevard DISTRICT 6 (Deferred from May 20, 2025) RECOMMENDATION: STAFF -APPROVAL PLANNING COMMISSION —DENIAL 3. FWM RESIDENTIAL RENTAL PROPERTIES, LLC / CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from R-5S Residential Single -Family to Conditional RT-3 Resort Tourist District re commercial marina at two (2) parcels south of 310 & 312 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 4. FWM RESIDENTIAL RENTAL PROPERTIES, LLC / FWM RESIDENTIAL RENTAL PROPERTIES, LLC & CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re commercial marina at four (4) parcels directly south of 310 & 312 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. 2501 HOLLAND ROAD, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District re develop a 35-lot subdivision with 33 single- family lots, an open space lot and a stormwater management lot at 2501 Holland Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. BT ASSOCIATES, LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Business District and Conditional Use Permit re bulk storage yard at 120 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: STAFF -DENIAL PLANNING COMMISSION —APPROVAL 7. VIRGINIA BEACH BEACON BAPTIST CHURCH for a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 RECOMMENDATION: STAFF -APPROVAL PLANNING COMMISSION —DENIAL APPLICANTS REQUESTS DEFERRAL TO JULY 8, 2025 8. CFT NV DEVELOPMENTS, LLC / VIRGINIA BEACH BEACON BAPTIST CHURCH for a Conditional Change of Zoning from R-20 Residential District to Conditional B-2 Business District re subdivide a portion of the property into two (2) separate lots at 2301 Newstead Drive DISTRICT 5 RECOMMENDATION: STAFF -APPROVAL PLANNING COMMISSION —DENIAL APPLICANTS REQUESTS DEFERRAL TO JULY 8, 2025 9. KENNETH LEACH / CHANDLER S. DENNIS for a Conditional Use Permit re open air market at 661 Sandbridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 10. COLIN AND SKYLAR MILLER for a Conditional Use Permit re short term rental at 1720 Baltic Avenue DISTRICT 6 RECOMMENDATION: K. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION 0 BOARD OF ZONING APPEALS 9 CLEAN COMMUNITY COMMISSION APPROVAL • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMITTEE • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS 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 Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 17, 2025. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM - A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:30 P.M. Jeff Waller, P.E., Chair — Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager —Jacobs Engineering B. VIRGINIA BEACH VA250 COMMITTEE UPDATE 3:15 P.M. James Wood, Chair —Virginia Beach VA250 Committee (Requested by Mayor Dyer and Council Members Remick and Ross -Hammond) 11. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 P.M. III. CITY COUNCIL AGENDA REVIEW 4:00 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM - A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 4:15 P.M. V. FORMAL SESSION -CITY COUNCIL CHAMBER - A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. 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. PUBLIC HEARING 1. GRANT EASEMENT OVER CITY PROPERTY 50'-wide (5,000 square feet) 40 -year access and utility easement Lake Gaston Pipeline PUBLIC HEARING GRANT OF EASEMENT OVER CRY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the granting of a 50'-wide (5,000 sq. ft.) 40-year access and utilities easement across a portion of the City's Lake Gaston Pipeline property located near Wyatt's Mill Road and adjacent to the property known as GPIN: 7476-20- 0124 and Parcel 11-55 in Greensville County, Virginia, Tuesday, June 17, 2025 at 6,00 p.m., in the Council Chambers of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. This hearing will be to obtain public input to determine whether this 50% wide access and utilities easement should be conveyed to Jarrett Energy Facility, LLC. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, 2473 N. Landing Road, Municipal Building #23, (757) 385- 4161. 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 757-385-4303 prior to 5:00 p.m. on June 17, 2025. 2. Download WebEx and view the meeting at: httns://vbgov.webex-com/ webl Ipk/r - ister/r .61Ofa77 6bq 6bf3782b9D3fO2541f8 All interested parties are invited to participate. Amanda Barnes, MMC City Clerk PILOT -June 8, 2025 N�3 �3 4� /, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize granting an access and utilities easement across a portion of the City's Lake Gaston Pipeline property located in Greensville County, Virginia to Jarratt Energy Facility, LLC PUBLIC HEARING DATE: June 17, 2025 MEETING DATE: July 1, 2025 ■ Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides raw water from Lake Gaston to the City of Virginia Beach. The Pipeline runs through a City -owned former railroad right-of-way, The section of the City's right-of-way that will be affected (the "Property") is near Wyatt's Mill Road and is adjacent to property known as GPIN: 7476-20-0124 and "Parcel 11- 55" in Greensville County, Virginia. Jarratt Energy Facility, LLC, a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia, an operating company of Torch Clean Energy ("Jarratt Energy") has requested that the City grant a 50'- wide access and utilities easement (approximately 5,000 sq. ft. / 0.115 acres) across a portion of the Property to install and maintain two (2) 34.5KV overhead electric lines and to install and maintain a 14'-wide gravel access roadway. Jarratt Energy plans to construct a solar energy facility on the north and south sides of the Property, and has requested the easement so that it can have an efficient means of operating its planned solar facility on both sides of the Property. The easement would last for 40 years. ■ Considerations: Granting an easement over the Property to Jarratt Energy would not interfere with or limit the City's use of the Pipeline. Payment for the easement by Jarratt Energy is outlined in the Summary of Terms attached hereto. The payment cost was determined by Tim Copeland, the City Real Estate Agent (and a licensed Appraiser in the Commonwealth of Virginia). ■ Public Information: Advertisement of Public Hearing and public notice via the normal City Council agenda process. ■ Alternatives: Deny the easement, or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Plat of Proposed Easement, Summary of Terms, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estat City Manager: (*9 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING AN 4 ACCESS AND UT1LITIES EASEMENT ACROSS A 5 PORTION OF THE CITY'S LAKE GASTON PIPELINE 6 PROPERTY LOCATED IN GREENSVILLE COUNTY, 7 VIRGINIA TO JARRATT ENERGY FACILITY, LLC 8 9 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 10 Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"), and 11 provides raw water from Lake Gaston to the City of Virginia Beach; 12 13 WHEREAS, Jarratt Energy Facility, LLC, an operating company of Torch 14 Clean Energy ("Jarratt Energy"), has requested that the City grant a 40-year, 50'-wide 15 access and utilities easement consisting of approximately 5,000 sq. ft. (0.115 acres) (the 16 "Easement") across a portion of the Pipeline in the location shown on the plat attached 17 hereto as Exhibit A and made a part hereof, for the purpose of installing and maintaining 18 two (2) 35KV overhead electric lines and installing and maintaining a 14'-wide gravel 19 access roadway; 20 21 WHEREAS, Jarratt Energy has requested the Easement so that it can have 22 an efficient means of operating its planned solar facility, which will be located on both the 23 north and south sides of the Pipeline; and 24 25 WHEREAS, Public Utilities has advised that granting the Easement will not 26 interfere with the City's operation of the Pipeline. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute the necessary 32 documents to grant the Easement as shown on the plat attached hereto as Exhibit A and 33 made a part hereof, so long as the documents granting the Easement are consistent with 34 the Summary of Terms attached hereto as Exhibit B and made a part hereof, and with such 35 other terms, conditions or modifications as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney, 37 38 Further, that revenue from the sale of the Easement in the amount of $12,000 39 shall be received and shall be deposited in the Water and Sewer Enterprise Fund. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the __ 42 day of _, 2025. [ THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL ] CA16273 R-1 PREPARED: 3/27/25 \\vbgov.com\dfs 1 \applications\citylaw\cycom 32\wpdocs\d018\p050\01026537.doc APPROVED AS TO CONTENT: P BL WORK , REAL ESTATE APPROVED AS TO CONTENT: PUBLIC UTILITIES, E GINEERING APPROVED AS TO CONTENT: 1� - (�l - B DGET & MANAGEMENT SERVICES APPROVED AS TO LEGAL SUFFICIENCY AND FORM: CITY ATTORNEY NOTES. 1. THE LAND BOUNDARY SURVEY SHOWN IS\N) r1849 BASED ON A CURRENT FIELD SURVEY. Tp �y, / 2. THIS SURVEY WAS PERFORMED WITHOUTBENEFIT f N,346 RBR �1 E OF RGROUND UTILITIESREPORT. AND , NOT REFLECT ALLAUNTITLE 113g0. r COS 1FRSEC77ON R EASEMENTS, RIGHT OF WAYS, AND OTHER ENCUA46RANCES TO THE PROPERTY. �y�� `� / — 608 3, 1 � S=�12' 4"� 47p9 6 50, ` CL PROPOSED GRAVEL 1 $ r LEGEND: ACCESS ROADWAY -- / FD. -- FOUND RBR -- REBAR D.B. -- DEED BOOK r I PROPOSED 50' PG. -- PAGE T.M. -- TAX MAP NUMBER ` r I EASEMENT - UTILITIES i ACCESS AND / 5,000 Sq.ft. r / r 'lid OF p �7?.18, �y ?S• SED 34.5KV OVERrPROP°EAD ELECTRIC r57/2 84,968, ?S• ; CROSSING 8/2024�, CENTERLINE POINTL MWED 9 N=3460077.72 \ LIG No. 2738 E=11771170.01 *D S 30 0 30 60 90 GRAPHIC SCALE SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS CURRENT BOUNDARY SURVEY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND CERTIFIED LANDSCAPE ARCHITECTS. STEVEN L. CRUTCHFIELD, PLS VIRGINIA CERTIFICATE NUMBER: 2738 PLAT SHOWING EASEMENT TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH FOR THE JARRATT ENERGY FACILITY NOTTOWAY DISTRICT GREENSVILLE COUNTY, VIRGINIA CROSSING THE LANDS OF CITY OF VIRGINIA BEACH D.B.171, PG. 463 T.M.11-7 EXHIBIT A EXHIBIT "B" SUMMARY OF TERMS Grantor: City of Virginia Beach ("City") Grantee: Jarratt Energy Facility, LLC, operating company of Torch Clean Energy Easement: 50'-wide access and utilities easement for a term of forty (40) years, consisting of 5,000 sq. ft. +/- crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and located off Wyatt's Mill Road adjacent to property known as "GPIN: 7476-20- 0124" and "Parcel 11-55" in the records of Greensville County, Virginia, more particularly shown on the plat attached as "Exhibit A" to the Ordinance Consideration: $12,000.00 CONDITIONS OF SALE: • The Easement shall be for the sole purpose of providing a crossing point for access and private utilities between the northern and southern portions of the Grantee's proposed development of a solar energy facility on property adjacent to the easement. • The City shall have the right but not the obligation to repair, temporarily remove, or relocate the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on -site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • If Grantee does not begin operating the solar energy facility within 36 months from the date of the Easement, or if Grantee ceases operations, once begun, for a period of 24 months, City may terminate the Easement. • If the City requires the Easement to be relocated from the approved location, the Grantee shall pay to relocate the crossing equipment to another suitable easement area to be provided by the City The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove 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. APPLICANT INFORMATION Applicant Name: as listed on application Jarratt Energy Facility, LLC Is Applicant also the Owner of the subject property? Yeso NoO If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yeso No(F) If yes, name Representative: Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes(DNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a arent- subsidiary Z or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Jonathan Kilberg, Travis Haggard, and Scott Leach are the officers of the Applicant as well as with any entity with a parent -subsidiary or affiliated business relationship with the applicant. foes the subject property have a proposed or pending purchaser? Yes 0 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® NoG) If yes, name the official or employee, and describe the nature of their interest. 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, O ® to be determined - solar project will obtain financing cross -col lateral ization, etc.) Real Estate Broker/Agent/Realtor o O Disclosure Statement I rev. M a y -2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation ® 0 Architect/Designer/Landscape Architect/Land Planner ® O Construction Contractor @ ® to be determined - solar project wil select construction contractor Engineer/Surveyor/Agent 0 ® Timmons Engineering, Tetra Tech, Crutchfield Legal Services 0 O project will obtain legal opinions to support financing APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I 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. Travis Haggard Applicant Name (Print) Applicant Si natty 02/13/2025 Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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. FOR CITY USE ONLY: No changes as of (date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y -2024 page 2 of 3 v SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesONo( If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent -subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesU 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 0 No Q if ves. name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner 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 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.) 0 0 Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 G) Architect/Designer/Landscape Architect/Land Planner 0 O Construction Contractor 0 0 Engineer/Surveyor/Agent 0 O Legal Services 0 O PROPERTY OWNER CERTIFICATION READ: 1 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, I 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. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y -2024 page 3 of 3 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 2-214.3 re providing for the adoption of sections of the Virginia Public Procurement Act 2. Ordinance to ADOPT a revised Policy re remote participation by City Council Members in Council Meetings 3. Resolution to RENEW permits to allow certain Emergency Medical Services (EMS) Agencies to operate in the City re Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, LLC; Shore Transportation Services, Inc., and Hospital to Home, LLC, a/k/a H2H Emergency Services 4. Ordinance to AMEND the Virginia Beach City Public Schools (VBCPS) FY 2025-26 Operating Budget and Capital Improvement Program and AUTHORIZE one full-time position within the Department of Parks and Recreation 5. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 6. Ordinance to ACCEPT and APPROPRIATE $1.9-Million from the Virginia Department of Social Services (VDSS) to the FY2024-25 Human Services Operating Budget and AUTHORIZE a $1,273,000 local match from the Human Services Operating Budget re personnel costs and related operational expenses 7. Ordinance to ACCEPT and APPROPRIATE $436,326 from the Virginia Department of Criminal Justice Services to the FY 2025-26 Virginia Beach City Public Schools Operating Budget as a grant subrecipient re School Security Officers and Security Assistants 8. Ordinance to ACCEPT and APPROPRIATE $418,550 from the United States Department of Energy to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating re energy efficiency and conservation activities 9. Ordinance to ACCEPT and APPROPRIATE $208,079 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Workforce Development Services 10.Ordinance to ACCEPT and APPROPRIATE $94,479 from the Virginia Marine Resources Commission (VMRC) Abandon or Derelict Vessel (ADV) Program to the Grants Consolidated Fund within the FY 2024-25 Public Works Operating Budget and AUTHORIZE $94,479 subrecipient grant to the Vessel Disposal and Reuse Foundation re removal of five (5) vessels 11. Ordinance to ACCEPT and APPROPRIATE $69,698 from the Virginia Department of Behavioral Health and Developmental Services to the Grants Consolidated Fund within the FY 2024-25 Human Services Operating Budget re support of a Data Infrastructure Cost Sharing Agreement 12. Ordinance to ACCEPT and APPROPRIATE $17,323 from the Department of Criminal Justice Services through the 2025 Bryne Justice Assistance Grant (JAG) Program to the Grants Consolidated Fund within the FY 2024-25 Sheriff's Office Operating Budget and AUTHORIZE a $5,774 local match re purchase of equipment 13.Ordinance to ACCEPT and APPROPRIATE $16,655 from the Virginia Military Community Infrastructure Grant Program to the FY 2024-25 Capital Improvement Program re Project #100701 "Princess Anne Road Water Transmission Main" re portion of the local match 14. Ordinance to ACCEPT and APPROPRIATE $14,450 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-2025 Human Services Operating Budget re Adult Outpatient Competency Restoration and Evaluations services 15. Ordinance to ACCEPT and APPROPRIATE $13,013 from various donations to the FY 2024-25 Non - Departmental Operating Budget of the Mayor's Committee Trust Fund re purchases related to Mayor's Commission on Aging 16. Ordinance to TRANSFER $1,302,068 from General Fund salary savings to the FY 2024-25 Police Department Operating Budget re implement the Drone as a First Responder Pilot Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-214.3 Providing for the Adoption of Sections of the Virginia Public Procurement Act MEETING DATE: June 17, 2025 ■ Background: The Virginia Public Procurement Act ("VPPA") standardizes procurement policies and procedures for localities and the Commonwealth. The City Council has incorporated many sections of the VPPA into the City Code. Recent legislation provides additional contractual protections for the City provided the legislation, codified as 2.2-4311.3, is incorporated by the governing body. The specific protections relate to choice of law and venue. The legislation is effective July 1. ■ Considerations: The attached ordinance incorporates 2.2-4311.3 into the relevant section of the City Code. Additionally, the current listing of VPPA sections incorporated by reference are not in the same order as those sections appear in the VPPA, so the ordinance aligns the order to match the VPPA. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance; 2025 Acts of Assembly c. 27 Recommended Action: Approval Submitting Department/Agency: Department of Finance/Purchasing Divisio�� City Manager: ft 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2-214.3 2 PROVIDING FOR THE ADOPTION OF SECTIONS OF THE 3 VIRGINIA PUBLIC PROCUREMENT ACT 4 5 Section Amended: 2-214.3 6 7 WHEREAS, 2025 Acts of Assembly c. 27 provides additional contractual 8 protections for the City if § 2.2-4311.3 is adopted by the governing body as part of its 9 incorporation by reference of the Virginia Public Procurement Act; and 10 11 WHEREAS, reassembling the list of sections incorporated by the City Code in the 12 same order as such provisions occur in the Virginia Code will ease reading by residents 13 and the business community; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1. Section 2-214.3 of the City Code is hereby amended and reordained to read as 19 follows: 20 21 Sec. 2-214.3. — Adoption of designated sections of the Virginia Public Procurement 22 Act. 23 24 (a) Pursuant to section 2.2-4302 of the Code of Virginia, as amended, the following 25 sections of the Virginia Public Procurement Act [Code of Virginia, title 2.2, chapter 43], 26 and any future amendments thereto, are hereby adopted and incorporated by 27 reference into this code: 2.2-4301, 2.2-4302.1, 2.2-4302.2, , 28 2.2-4303, 2.2-4303.1 through 2.2-4305, 2.2-4308.1 through 2.2-4310 2.2-4311 29 through 2.2-4312, (including 2.2-4311 3), z-^31. 9 ^1334, Y2-431, 2.2 4320_ 30 , 31 4344(G) 2-4317, 2.2-4332, 2.2_4324, 2.2-4328, 2.2-4315 through 2.2-4321, 2.2- 32 4323.1, 2.2-4324, 2.2-4328 and 2.2-4350(B)T 2.2-4353-2.2 4349, 4354 2.2- 33 4329.1 through 2.2-4377. 34 35 (b) Notwithstanding subsection (a) of this section, whenever any provision of the 36 Virginia Public Procurement Act which has been adopted and incorporated by 37 reference herein is modified or amended by any other section of this code, or by any 38 rule, regulation, policy, procedure or administrative directive, such provision shall be 39 interpreted and implemented as modified or amended. 40 41 2. This ordinance shall be effective July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1 2025 APPROVED AS TO CONTENT CA16910 R-1 June 4, 2025 APPROVED AS TO LEGAL SUFFICIENCY. - City Attorney's Office VIRGINIA ACTS OF ASSEMBLY - 2025 SESSION CHAPTER 27 An Act to amend the Code of Virginia by adding a section numbered 2.2-4311.3, relating to Virginia Public Procurement Act; contract terms inconsistent with Virginia law. [H 2150] Approved March 18, 2025 Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 2.24311.3 as follows: § 2.2-4311.3. Compliance with state law, contract terms inconsistent with state law. A. As used in this section, "information technology goods and services" means communications, telecommunications, automated data processing, applications, databases, data networks, management information systems, and other related goods and services. B. No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable. C. Any term or provision in such a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of another state or country or (h) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth. D. The provisions of this section shall only apply to a county, city, town, political subdivision, or public institution of higher education, or to a public body listed as an independent agency in the appropriation act, if its governing body has adopted the provisions of this section as part of its procurement policies and procedures. 2. That the provisions of this act shall apply to any public contract that becomes effective on or after July 1, 2025. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt a Revised Policy for Remote Participation by Councilmembers in Council Meetings MEETING DATE: June 17, 2025 ■ Background: In March 2020, the City Council adopted a Policy for Remote Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the Virginia Freedom of Information Act ("FOIA"), and the Council adopted revised versions of the policy in June 2021 and June 2024. The Policy enables one or more councilmembers to participate from a remote location in City Council meetings, so long as a quorum of the Council is physically assembled at the meeting location. ■ Considerations: State law requires that public bodies adopt (or re -adopt) the policy at least once annually. The attached revised policy is substantially the same as the policy adopted in 2024, but with minor edits for clarity. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance and Revised Policy Recommended Action: Approval Submitting Department: City Attorney City Manager: 1 Il/tm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE ADOPTING A REVISED POLICY FOR REMOTE PARTICIPATION BY COUNCILMEMBERS IN COUNCIL MEETINGS WHEREAS, in March 2020, the City Council adopted a Policy for Remote Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the Virginia Freedom of Information Act ("FOIA"), and the Council adopted a revised versions of the policy in June 2021 and June 2024; and WHEREAS, state law requires that public bodies adopt (or re -adopt) the policy at least once annually. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. THAT: The City Council hereby adopts the attached revised policy. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: /'� T � City Attorney's Office CA16906 R-1 June 6, 2025 •+ fib.%7 S� l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Renew Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 17, 2025 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. ■ Considerations: The following renewal applications have been received and processed by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies: Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, LLC; Shore Transport Services, Inc., and Hospital to Home, LLC, a/k/a H2H Emergency Services. No new applications have been received by the Department of EMS. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Resolution and Disclosure Statement Forms (4) Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City Manager: MV 1 A RESOLUTION TO RENEW PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 12 LLC; Shore Transport Services, Inc.; Hospital to Home, LLC, a/k/a H2H Emergency 13 Services; and 14 15 WHEREAS, the above -listed private ambulance agencies perform services not 16 provided by the City's volunteer rescue squads, such as non -emergency inter -facility 17 transports, which include both basic and advance life support calls. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 20 VIRGINIA BEACH; 21 22 1. That the City Council hereby grants renewed permits to the following agencies: 23 Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 24 LLC; Shore Transport Services, Inc.; and Hospital to Home, LLC, a/k/a H2H 25 Emergency Services. 26 27 2. That these permits shall be effective from July 1, 2025 to June 30, 2027. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w Em r ncy K46cal Services CA16191 R-2 May 27, 2025 Lorney's Office Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name Pahal Park LLC "dba" Coastal Event Medical (print) Management Does the organization or any of the organization's key officers receive any of the services listed in Box -A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s) and contact SERVICE information used for the service(s) listed in Box -A. If none, indicate N/A. 21 21 s) 21 Accounting and/or preparation of tax returns Financial Services (including: banking institutions, lending institutions, and current mortgage holders as applicable) Legal Services Owen Thornton -CPA 757-481-4564 Towne Bank -First Colonial Bra 757-412-2400 Charles Pittman -Anchor Legal 757-467-7600 CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X APPLICANT'S SIGNATURE Michael P Lewis 04/21/2025 Owner/CEO PRINT NAME & Title DATE Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name Fast Track EMS LLC (print) Does the organization or any of the organization's key officers receive any of the services listed in Box -A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s) and contact SERVICE information used for the service(s) listed in Box -A. If none, indicate N/A. Accounting and/or preparation of tax returns Financial Services (including: banking institutions, lending institutions, and current mortgage holders as applicable) Legal Services Brown Edwards Old Point National Bank, T Page Wolfberg Wirth CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X APPLICANT'S SIGNATURE PRINT NAME & Title James H Stafford CEO DATE4/28t2025 Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACESiBLANK..'INDIC-ATE N/A 1F NOT. APPCICAWE Organization name (print) SHORE TRANSPORT SERVICES INC. Does the organization or any of the organization's key officers receive any of the services listed in Box -A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s) and contact SERVICE information used for the service(s) listed in Box -A. If none, indicate N/A. Accounting and/or preparation of tax returns Financial Services {including: banking institutions, lending institutions, and current mortgage holders as applicable) Legal Services ROBERT YOUNG CPA 23339 COUNSEL DR. ACCOMAC ATLANTIC UNION BANK 25253 LANKFORD HWY. ONLEY, VA.23418 757-787-9132 ROBERT TURNER 23328 WISE CT. ACCOMAC,VA CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. APPUCAhrr'S SIGNATURE FREDERICK T. MATTHEWS CEO 05/26/2025 PRINT NAME & Title DATE Rev W2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name:I (print) dosP14a( `-iv P 6Mc LLC Does the organization or any of the organization's key officers receive any of the services listed in Box -A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s) and contact SERVICE Information used for the service(s) listed in Box -A. If none, indicate N/A. Accounting and/or preparation of tax returns Financial Services (including: banking institutions, lending institutions, and current mortgage holders as applicable) Legal Services KS eALEB 0,RLOWEtL- S0u7NSTATe BANk., NEp W I-r-rHoEFFT us &A N Kj g ETN PO 14-6914y hS[.t`NTwM.S'TErNEN 1«4erl" Will I ams tilu w-n Tom Narva.cz CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X APPLI ANT' SIGNATURE 7'o�N yArTES CEO Z,5700 PRINT NAME & Title DATE w . s�) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Virginia Beach City Public Schools FY 2025-26 Operating Budget and Capital Improvement Program and Authorize One Full - Time Position Within the Department of Parks and Recreation MEETING DATE: June 17, 2025 ■ Background: On May 13, 2025, the City Council adopted the FY 2025-26 Operating Budget and Capital Improvement Program (CIP) forthe City and Virginia Beach City Public Schools. Included within the Adopted Operating Budget was additional Revenue Sharing Formula funds ($2.9 million) and additional estimated from the Commonwealth ($10.8 million) beyond what was included in the School Boards' approved budget. These funds, totaling $13,865,458 were included within a reserve within the School Operating Fund awaiting future School Board action to formally allocate. The City's recommendation was for Schools to transfer the funds to the Capital Improvement Program to reduce the reliance of debt for school modernization and maintenance. In addition to the $13.9 million, the final State Budget included $2,694,929 specially for Special — Education Add -on certificates. On May 27, 2025, the School Board voted to allocate their additional State and local revenue that they had not included in their approved budget. Because the City Council has already appropriated the majority of this revenue to the School Operating Fund, only a few appropriation requests are needed: • $2,694,929 in revenue from the Commonwealth for the Special Education Add - On within the School Operating Fund. • $1,953,127 of fund balance from the Cell Tower Special Revenue Fund to complete the phone system replacement to improve communication infrastructure and operational efficiency. • $162,100 in Athletic Fund revenues as a result of recently approved ticket price increases for athletic events. These funds will support additional coaching supplements. • A decrease of $56,356 in interfund transfer revenue from the School Operating Fund for the Green Run Collegiate Charter School Special Revenue Fund as the result of an eliminated position. • $4,954,741 appropriated within the City Council's Adopted budget within the Reserve for Future use will be allocated as of Pay -As -You -Go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds within the Capital Improvement Program. This will result in no net change to appropriations for the School CIP. • $198,634 will be appropriated to the School Landscaping Internal Service Fund, a City managed fund for 1.0 full time position to provide supervision for the division and as well as approved FY 2025-26 salary increases. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance, School FY 2025-26 Amended Budget Resolutions (2) Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: / IV 1 AN ORDINANCE TO AMEND TO THE VIRGINIA BEACH 2 CITY PUBLIC SCHOOLS FY 2025-26 OPERATING 3 BUDGET AND CAPITAL IMPROVEMENT PROGRAM AND 4 AUTHORIZE ONE FULL-TIME POSITION WITHIN THE 5 DEPARTMENT OF PARKS AND RECREATION 6 7 WHEREAS, the FY 2025-26 Operating Budget and Capital Improvement Program 8 was adopted by the City Council on May 13, 2025; and 9 10 WHEREAS, as a result of the state budget amendments and additional Revenue 11 Sharing Funds, the School Board of the City of Virginia Beach adopted two resolutions 12 on May 27, 2025, to allocate funds received to reinstate previously eliminated budget 13 items and to modify the salary increase provided for the Instructional Experience -Based 14 Step Pay Scale, and to make additional appropriation requests; and 15 16 WHEREAS, appropriations of funds must be approved by the City Council prior to 17 expenditure of funds by the School Board of the City of Virginia Beach; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1) $2,694,929 is hereby accepted from the Commonwealth and appropriated, with 23 revenue increased accordingly, to the FY 2025-26 Operating Budget of Virginia 24 Beach City Public Schools. 25 26 2) $1,953,127 is hereby appropriated, with revenue increased accordingly, from 27 the fund balance of the Cell Tower Technology Special Revenue Fund to the 28 FY 2025-26 Operating Budget of Virginia Beach City Public Schools. 29 30 3) $162,100 is hereby appropriated, with revenue increased accordingly, to the 31 FY 2025-26 Operating Budget of Virginia Beach City Public Schools, within the 32 School Athletic Fund. 33 34 4) $56,356 in interfund transfer revenue and corresponding appropriations is 35 hereby decreased from the FY 2025-26 Operating Budget of Virginia Beach 36 City Public Schools Green Run Collegiate Charter School Fund. 37 38 5) $198,634 is hereby appropriated, with revenue increased accordingly, to the 39 FY 2025-26 Operating Budget of the Department of Parks and Recreation 40 within the School Landscaping Internal Service Fund. 41 42 6) One Full -Time Groundskeeper Position is hereby authorized within the FY 43 2025-26 Operating Budget of the Department of Parks and Recreation within 44 the School Landscaping Internal Service Fund. 45 46 7) $4,954,741 is hereby transferred as of pay-as-you-go funding to the FY 2025- 47 26 School Capital Improvement Program from the School Operating Fund with 48 49 50 51 52 53 a corresponding reduction in authorized but unissued Public Facility Revenue Bonds. BE IT FURTHER ORDAINED, THAT: This ordinance is effective July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2025. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT 0 W,�AFW,� w, I/ u�IM, I'Mrs Me - CA16905 R-1 June 4, 2025 APPROVED AS TO LEGAL SUFFICIENCY: af City Attorney N C. VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J. Brown, Chair Carolyn D. Weems, Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W. Cummings Rose M. Dwyer Sharon R. Felton District 7 District 1 At -Large Dr. Alveta J. Green Kimberly A. Melnyk Melinda J. Rogers District 4 District 2 District 5 Donald E. Robertson, Jr., Ph.D., Superintendent Amended School Operating Budget for FY 2025/26 WHEREAS, the School Board of the City of Virginia Beach approved the FY 2025/26 School Board Proposed Operating Budget on March 11, 2025; and WHEREAS, the budget amendments adopted by the 2025 General Assembly Conference Budget adopted its final changes for the 2024-2026 Biennium affecting Pre-K-12 Public Education; and WHEREAS, Governor Youngkin signed the amended Virginia State Budget on May 2, 2025, providing additional state funds to the School Board of the City of Virginia Beach in the amount of $13,585,069; and WHEREAS, the FY 2025/26 School Board Proposed Operating Budget was adopted by City Council on May 13, 2025; and WHEREAS, the City of Virginia Beach has previously appropriated $13,865,458 for the School Board Proposed Operating Budget as part of the approved FY2025/26 budget, and an additional appropriation is necessary in the amount of $2,694,929 from the City of Virginia Beach for additional state money received for Special Ed Add -on; and WHEREAS, the School Board of the City of Virginia Beach has a need to complete the new phone system replacement at remaining locations to improve communication infrastructure and operational efficiency, and the Cell Tower has available fund balance that can be allocated to support this upgrade; and WHEREAS, the School Board of the City of Virginia Beach anticipates an increase in Athletic Fund revenues as a result of recently approved ticket price increases for athletic events, and the appropriation will support an increased coaching supplement; and WHEREAS, the Green Run Collegiate Charter School has reduced staffing through the elimination of a position, and an adjustment is necessary to decrease the appropriation to the Green Run Collegiate Charter School to align with the revised expenditure needs; and WHEREAS, appropriations of funds must be approved by the City Council prior to I funds by the School Board of the City of Virginia Beach, and Put Students First • Seek Growth a Be Open to Change • Do Great Work Together • 2512 George Mason Drive I P.O. Box 6038 1 Virginia Beach, Virginia 23456-0038 N VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2. Amended School Operating Budget for FY 2025/26 (Continued) NOW, THEREFORE, BE IT RESOLVED: that the School Board of the City of Virginia Beach requests an additional appropriation of $2,694,929 from the City Council of Virginia Beach for the School Board Operating Budget in addition to previously appropriated $13,865,458 on May 13, 2025; and be it FURTHER RESOLVED: these funds will be used to provide additional special education support, a 1% increase above the 2% increase previously approved to the Instructional Experience -Based Step Pay Scale entry-level salary, and additional PAYGO funding; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of $1,953,127 from the available fund balance of the Cell Tower Fund in support of the new phone system replacement implementation at remaining locations; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of $162,100 from the anticipated increase in Athletic Fund revenues, resulting from approved ticket price increases for athletic events, with all additional funds designated to support coaching supplements; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests a decrease in the amount of $56,356 into the Green Run Collegiate Charter School Fund due to a position reduction; and be it FURTHER RESOLVED: that the School Board of the City of Virginia Beach approves and affirms the necessary appropriation and recommended uses of these funds; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 27" day of May 2025. Vi. . e: • ZIP Kathleen J. Brown, SchlBoard Chair Attest: N _ Regina M. Toneatto, Clerk of the Board Put Students First *Seek Growth • Be Open to Change • Do Great Work Together a Value Differences 2512 George Mason Drive I P.O. Box 6038 1 Virginia Beach. Virginia 23456.0038 . . I s.coryi is VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J. Brown, Chair Carolyn D. Weems, Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W. Cummings Rose M. Dwyer Sharon R. Felton District 7 District 1 At -large Dr. Alveta J. Green Kimberly A. Melnyk Melinda J. Rogers District 4 District 2 District 5 Donald E. Robertson, Jr., Ph.D., Superintendent Amended Capital Improvement Program for FY 2025/26 - FY 2030/31 Budget Resolution WHEREAS, the mission of Virginia Beach City Public Schools, in partnership with the entire community, is to empower every student to become a life-long learner who is a responsible, productive, and engaged citizen within the global community; and WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, the primary funding sources for the Capital Improvement Program (CIP) are charter bonds, public facility revenue bonds, and reversion funding; and WHEREAS, the City/School Revenue Sharing Policy provides 46.75% of certain general fund revenues to meet obligations of the School Board of the City of Virginia Beach; and WHEREAS, the City/School Revenue Sharing Policy allocates funds first to Debt Service, while the balance is used for the Operating Budget and the CIP; and WHEREAS, an additional $4,954,741 from the originally approved budget will be allocated in the form of Schools' Pay -As -You -Go (PAYGO) funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds; and WHEREAS, the School Board has comprehensively reviewed all sources of funding, projected various scenarios and prioritized the needs of the Operating and CIP budgets; and WHEREAS, total project cost/new construction amounts are partly based on 2023 Educational Specifications, post 30% design, created with School Board input; and WHEREAS, Educational Specifications and the associated designs will be reviewed under a separate process with the School Board which may result in a change in square footage and cost; and Put Students First • Seek Growth a Be Open to Change • Do Great Work Together • Value Differences 2512 George Mason Drive I P.O Box 6038 1 Virginia Beach, Virginia 23456.0039 www.vbschools.com r VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Amended Capital Improvement Program for FY 2025/26 - FY 2030/31 Budget Resolution (Continued) Page 2. WHEREAS, new construction projects will not go out for bid without School Board approval separate from this CIP; and NOW, THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach adopts a CIP program of $870,409,239 (as shown on the attached School Board Funding Summary and Project Summary dated May 27, 2025), and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 27* day of May 2025. •y Of y `• i to 0 4 : ;_ s .• 4., , s '11 CI: Kathleen J. Brown SdTiool Board Chair Attest: Regina M. Toneatto, Clerk of the Board Put Students First • Seek Growth • Be Open to Change • Do Great Work Together • Value Differences 2S12 George Mason Drive I P.O Box 6038 1 Virginia Beach. Virginia 234S6-0038 School Board Funding Summary Virginia Beach City Public Schools FY2025126 - FY 2030131 Capital Improvement Program (CIP) Amended - May 27, 2025 1-001 enovations and Replacements - En Mans emetwSustalnabili Total P,01rct 34,855,000 Mill S,� Yea( 34,855,000 Appop,ivon� ' 17,825,000 Year I 1,500,000 Yea, 2 2,810,000 Yej, 3 2,970,000 YC21 4 3,130,000 Yea, 5 3,310,000 Yeir 6 3,310,000 1-002 Tennis Court Renovations - Phase 11 3 680 000 3 680 000 21200,000 210,000 230.000 240,000 260,000 270,000 270,000 Princess Anne High School 1-015 R lacemen • 499,847,192 217 096 632 176,806,632 20,500,000 5,700,000 7,580,000 4,290,000 1,220,000 1,000,000 Energy Performance Contracts - 1-018 Phas 11 50500,000 50 500 Q00 37 500 000 2 500 D00 2500000 2,000,000 2,000,000 2,000,000 2,000,000 Renovations and Replacements - 1-017 Grounds -Phase III 43 567,886 43,567,886 20,337,886 4100,000 5,750,000 2,870,000 3,410 000 3,600000 3 600 000 1-018 Renovations and Replacements - HVAC - Phase 111 278,322,146 278 322 146 92 892,146 27 920 000 27 830 000 30,220,000 31,900,000 33,670,000 33,890,000 Renovations and Replacements - 1.019 -fin. - Pha 111 108 644 260 108,644,260 45,124,260 8,960,000 9,880,00 0 10,430,00D 11,010,000 11,620,000 11,620,000 1-020 Renovations and Replacements - V rious - Phis 63175,854 63 175 854 30 985 854 5 240 000 5,780,000 4 950 000 5 220 OOD 5,500,000 5,500,000 1-022 Elementary School Playground ul m n R lac m n 4 934 737 4 934 737 3 064 737 260 O00 290,000 300 000 320 000 340 004 340 000 1-027 Renovations and Replacements - fe Sch m v m n 2 480 000 2 480 000 1,000,000 210 000 230,000 240 000 260 000 270,000 270 000 1-028 Tr1-Campus Additions* 27 650 085 27,650,085 27,650,085 0 0 0 0 0 0 1-029 Bayside High School Replacement 963 601 067 51936,507 51936,507 0 0 0 0 0 0 1-033 Comprehensive Long Range FK1IItiej_M@1ter Planning date 1,000.000 1 000 ODO 200,000 0 800,000 0 0 0 0 1-030 Payroll System Replacement 13,586909 13 586 909 13 586 909 0 0 01 01 01 0 1-031 School Bus & White Fleet I n Rep1-032 7713000 7713000 7713000 0 0 0 0 0 0 ITelaDhone System Replacement 7 266 223 7 266 223 7 266 223 0 0 0 0 0 0 GRAND TOTAL (all projects) 2,110,824,359 870,409,239 490,109,239 71,300,000 61,800,000 61,800,000 61,800,000 61,800,000 1 800,000 TARGETS 71,300,000 61,800,000 61,800,000 61,800,000 61,800,000 61,800,000 DIFFERENCE 0 0 0 0 0 0 Note: 'Appropnat ions To Date includes reversion funds approved by City Council on Dec. 10. 2024. excluding $20,500,000 which are included in 'Year 1 2025-2025' appropdatnns. Note: 'Total Project Cost for CIP 1-015 Princess Anne HS Replacement considers a bid in 2037. Adddilional funding would be needed to accomplish this. Note: 'CIP 1-028 Tri-Campus Addlions will adress space needs at Bettie F. Wiliams Elementary School, originally built in 1961 that can no longer adequalely acmmmodale the required instructional programs. As a result, this facility space is in need of replacement and will be replaced with additions an nearby schools in the Tri.Campus area, such as Newtown ES and Diamond Springs ES. Total Project Cost considers a bid in 2026 to 2027. Note -Total Project Cost for CIP 1-029 Bayside HS Replacement considers a bid in 2051. Adddilbnal funding would be needed to accomplish this. School Board Funding Sources Virginia Beach City Public Schools FY2025126 - FY 2030/31 Capital Improvement Program (CIP) Amended - May 27, 2025 Debt Service 2025/26 1 . 1 : 2028f29 VBCPS Debt Service Plan: $6 Million per Year Increase starting 50,071,611 56,071,611 62,071,611 68,071,611 FY26/27 74,071,611 80,071,611 Note. $20,5000,000 reversion line item for FY 25/26 reflects reversion from Dec. 10, 2024 City Council approval. 'Bayside 6th Grade Campus students will be relocated to Bayside MS for SY 25/26. VBCPS is working with an AdHoc Committee for this site on Jericho Rd, which will be vacant in September 2025. Regarding CIP 1-028 Williams Elementary Replacement project, VBCPS is currently evaluating the Tri-Campus model. Included in this proposal for FY25/26 and reflected in the line items above is $4,954,741 to be allocated in the form of Schools' Pay -As -You -Go (PAYGO) funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds, determined from the approval process held by City Council on May 13, 2025. �S GNJA f� S! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation MEETING DATE: June 17. 2025 ■ Background: The Department of Housing and Neighborhood Preservation submitted their budget for FY 2025-26 based on estimated federal award funding. Since the finalization of the City's budget, actual allocations have been determined. As such, the department is requesting to amend the FY 2025-26 Operating Budget as follows: • Community Development Block Grant (CDBG) — Increase Federal funds by $29,786. These funds will support administrative and operating expenses, as well as additional Rehab Program funding. • Community Development Block Grant (CDBG) — Decrease estimation of Program Income by $110,000, resulting in a net decrease of $80,214 for the program. • HOME Program (HOME) — Increase Federal funds by $69,131.29 to support Environmental Review activities and enhance capacity for development funding. • Emergency Shelter Grant (ESG) — Increase Federal funds by $5,888 to support administrative services and service contracts. • Housing Opportunities for Persons with AIDS (HOPWA) — Increase Federal funds by $9,068 to support administrative and operational program functions. • HOME ARP Grant Funds — Increase by $5,775. These funds will support Supportive Service activity. ■ Considerations: The adjustments are needed to be able to fully utilize the funding provided from the Federal Government. ■ Public Information: Normal City Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & Neighborhood Preservation City Manager:/ W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND VARIOUS FEDERAL GRANT PROGRAMS ADMINISTERED BY THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) $119,648.29 is hereby accepted from the Federal Department of Housing and Urban Development and appropriated, with revenue increased accordingly, to the FY 2025-26 Operating Budget of the Department of Housing & Neighborhood Preservation in the following amounts, and for the following purposes: a. $29,786 to support the Community Development Block Grant Program b. $69,131.29 to support the HOME program. c. $5,888 to support the Emergency Shelter Grant program. d. $9,068 to support the Housing Opportunities for Persons with AIDS program. e. $5,775 to support the HOME ARP Grant program. 2) $110,000 in estimated fee revenue is hereby reduced within the Community Development Block Grant Program, with appropriations reduced accordingly within the FY 2025-26 Operating Budget of the Department of Housing & Neighborhood Preservation. 3) This ordinance is effective July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City rney's ice CA16909 R-1 June 4, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Social Services MEETING DATE: June 17, 2025 ■ Background: At the beginning of the Virginia Department of Social Services' (VDSS) fiscal year, VDSS allocates funds to cover localities staff and operations expenditures. In the current fiscal year, the allocation for the City will not cover the expenditures for FY 2025. If costs exceed the allocation, additional funding requests can be made to VDSS through the State's Budget Request System. Funding request amount is determined by a spreadsheet and formula supplied by VDSS. The additional funding will be used for Department of Human Services, Social Services personnel costs and related operational expenses. ■ Considerations: To fulfill the required local match necessary to receive $1,900,000 in revenue from VDSS, the City local match is $1,273,000. These funds will be made available from the existing funding in the Operating Budget of the Department of Human Services. ■ Public Information: Normal Council Agenda process ■ Recommendations: Approval of ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) $1,900,000 is hereby accepted from the Virginia Department of Social Services and appropriated, with revenue from the Commonwealth increased accordingly, to the FY 2024-25 Operating Budget of the Department of Human Services. 2) A required local match in the amount of $1,273,000 is hereby authorized to be provided from the Department of Human Service's Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT Kgraw I_ t/,�� ••- • .•- CA16892 R-1 June 4, 2025 APPROVED AS TO LEGAL SUFFICIENCY: Ci rney's Office r NLA 1 ctn CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate Grant Funds for the School Security Officers and Security Assistants MEETING DATE: June 17, 2025 ■ Background: The School Security Officer (SSO) Grant Program is a grant from the Virginia Department of Criminal Justice Services (DCJS). This is a state program designed to provide funds to local governments to improve security in schools. The City's application to DCJS for the grant was submitted by the Virginia Beach City Public Schools (VBCPS). VBCPS will be the subrecipient of the City's School Security Officer grant award because the grant program requires the locality to formally accept the award. The DCJS grant 26-610-A, was approved for a total award of $744,330, funded through Award Number 2026-FREE-GRANT. $436,326 is to be provided through state funding and $308,004 is to be provided through a local match. The project period is 7/1 /2025 through 6/30/2026. Funds will be distributed to the City for Virginia Beach City Public Schools. ■ Considerations: The School Security Officer grant provides the City with $436,326 in state funding. The grant requires a local match of $308,004 which is included in the School Operating Budget. The funds will cover annual salaries and fringe benefits. ■ Public Information: Normal Council Agenda Process ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manager: #Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR SCHOOL SECURITY OFFICERS AND SECURITY ASSISTANTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $436,326 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated, with state revenues increased accordingly, to the FY 2025-26 Operating Budget for the Virginia Beach City Public Schools as a grant subrecipient. 2. The City makes no representations regarding continued funding for such positions, and continued City financial support of such positions is conditioned upon grant funding from the Virginia Department of Criminal Justice Services or other funding services. 3. The effective date of this ordinance is July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. 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 orney's Office CA16911 R-1 June 4, 2025 1A h� Z .f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Energy Efficiency and Conservation Activities MEETING DATE: June 17, 2025 ■ Background: The Department of Public Works (DPW) applied for and was awarded the FY 2023-24 Energy Efficiency and Conservation Block Grant (EECBG) from the United States Department of Energy. The purpose of the EECBG Program is to assist eligible state, local, and tribal governments in implementing strategies to: • Reduce fossil fuel emissions in a manner that is environmentally sustainable; • Reduce the total energy use of the eligible entities; • Improve energy efficiency in the transportation sector, the building sector, and other appropriate sectors; and • Build a clean and equitable energy economy that prioritizes disadvantaged communities. DPW has identified four activities in partnership with three other departments, that they plan to utilize the funds for: 1. $27,000 for the Department of Public Libraries for its energy conservation education program; 2. $125,000 for the Department of Parks & Recreation for a Bike Share Feasibility Study; 3. $77,000 for the Department of Parks & Recreation to install bike racks and repair stations; and 4. $189,550 within DPW to support the site and electrical site design work for fleet charging. ■ Considerations: This grant does not require a City match. The additional funds will allow the three departments to continue and enhance their efforts in community education, improving energy efficiency in the transportation sector across the City, and encouraging reducing fossil fuel emissions. The ordinance includes a disclaimer of replacement for equipment purchased with grant funds. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: /�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR ENERGY EFFICIENCY AND CONSERVATION ACTIVITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $418,550 is hereby accepted from the United States Department of Energy and appropriated, with federal revenues increased accordingly, to the Grants Consolidated Fund within the FY 2024-25 Operating Budget of the Department of Public Works. 2. The City does not guarantee replacement of equipment purchased with these grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. 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 i mey's Office CA16898 R-1 June 4, 2025 U >> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Workforce Development Services MEETING DATE: June 17, 2025 ■ Background: The Virginia Department of Behavioral Health and Developmental Services is providing funding to support various workforce initiatives that will assist with growing the workforce to provide services to individuals with behavioral health and developmental disorders. ■ Considerations: This is one-time funding of $208,079 to support FY 2026 Workforce Development initiatives in the specified service areas. Funds must be fully expended by June 30, 2026. These funds are to be used for employee pay differential, sign on and/or retention bonuses or other workforce initiatives as determined by the individual Community Services Board. There is no required local match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1*2 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FOR WORKFORCE DEVELOPMENT SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $208,079 is hereby accepted from the Virginia Department of Behavioral Health and Developmental Services and appropriated, with revenue from the Commonwealth increased accordingly, to the FY 2025-26 Operating Budget of the Department of Human Services for Workforce Development Services. 2. The effective date of this ordinance is July 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT CA16900 R-1 June 4, 2025 l 1 I APPROVED AS TO LEGAL SUFFICIENCY: City orney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel Program and to Authorize a Subrecipient Grant to the Vessel Disposal and Reuse Foundation MEETING DATE: June 17, 2025 ■ Background: The 2021-2025 Virginia Marine Resources Commission (VMRC) Virginia Marine Debris Reduction Plan recognized abandoned and derelict vessels as a leading marine pollution problem in Virginia's waterways. The plan established a strategy to address this issue that includes prevention, research and monitoring, disposal infrastructure, and removing of existing abandoned vessels. In 2021, Virginia's Coastal Zone Management Program created the Abandoned and Derelict Vessels (ADV) Work Group that was tasked with the goal of creating a comprehensive, sustainable, and robust Virginia ADV Prevention and Removal Program. The work group recommended a general funds allocation of $3 million to the Virginia Marine Resources Commission (VMRC) for vessel removal and the creation of an ADV manager at the agency. Consistent with these recommendations, the VMRC was allocated $3 million in FY 2022 to support the removal of abandoned and derelict vessels to be administered as a grant program to localities. The VMRC established the Abandoned or Derelict Vessel program to provide grants to local governments and other political subdivisions of the Commonwealth to receive funding or to reimburse for the removal of abandoned and derelict vessels from the public tidal waters of the state. The ADV Grant Program accepts applications on a rolling basis. The City previously applied for the ADV Grant Program twice in FY 2024 and received $275,000 for the first award and $30,925 for the second award. Both of these applications were for the removal and disposal of ADVs within the public waters of Virginia Beach. For both awards, the City worked with a local non-profit, the Vessel Disposal & Reuse Foundation (VDRF), specializing in vessel removal. Under the grant agreements, the City administered the grant and disbursed the funds to VDRF as a subrecipient. In March 2025, the City, in cooperation with VDRF, identified five additional vessels that could be removed utilizing ADV Grant funding, including two on Long Creek, one on the Cape Henry Shore Canal, one on the Lynnhaven River, and one within the Elizabeth River, all within Virginia Beach. The Department of Public Works applied for $94,479 in ADV Grant funding and was awarded the full amount in May 2025. If approved, Public Works will administer the grant, with VDRF acting as a subrecipient. ■ Considerations: If approved, the funding will be appropriated to the FY 2024-25 Operating Budget of the Department of Public Works within the Consolidated Grants Fund. The subrecipient grant will be administered on a reimbursement basis. No local match is required. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Disclosure Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager./ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA MARINE RESOURCES COMMISSION ABANDONED OR DERELICT VESSEL PROGRAM AND TO AUTHORIZE A SUBRECIPIENT GRANT TO THE VESSEL DISPOSAL AND REUSE FOUNDATION WHEREAS, the Virginia Marine Resources Commission established the Abandoned and Derelict Vessel (ADV) program to provide grants to local governments for the removal of abandoned and derelict vessels from the public tidal waters; and WHEREAS, the City applied for and was awarded $94,479 for the administration, removal, and disposal of five ADVs; and NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) $94,479 is hereby accepted from the Virginia Marine Resources Commission and appropriated, with state revenues increased accordingly, to Department of Public Works portion of the Grants Consolidated Fund. 2) A subrecipient grant is hereby authorized in the amount of $94,479 to the Vessel Disposal and Reuse Foundation. The provision of the subrecipient grant shall be pursuant to a grant agreement providing for the orderly removal of the ADVs and accounting for the grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and kTanagement e ices i y rney's Office CA16899 R-1 June 4, 2025 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Vessel Disposal and Reuse Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: 7YES] NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the C ction upon this Application. Michael Provost 5/28/25 APPLCANT'S I IGNATURE PRINT NAME DATE rc`' � •,.� 4o j r %) j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds in Support of a Data Infrastructure Cost Sharing Agreement MEETING DATE: June 17, 2025 ■ Background: System Transformation for Excellence and Performance (STEP -VA) is a long-term Commonwealth initiative designed to improve the community behavioral health services available to all Virginians. The purpose of these STEP -VA funds is to fund a cost sharing agreement in support of the Community Service Board Data Infrastructure Modernization initiative. ■ Considerations: Virginia Department of Behavioral Health and Developmental Services is providing $69,698 in -one time funding for FY 2025. These funds will be appropriated within the Grants Consolidated Fund, and as grant fund, there is no requirement to reappropriate for such funds to be available in FY 2026. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:�r-p 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS IN SUPPORT OF A DATA INFRASTRUCTURE 3 COST SHARING AGREEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $69,698 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2024-25 Operating Budget of the Department of Human 11 Services within the Grants Consolidated Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT CA 16901 R-1 June 4, 2025 APPROVED AS TO LEGAL SUFFICIENCY: LityOrLy"s Office au �, � HL� 'l rW CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Accept and Appropriate Funds from the Byrne JAG Program for the Sheriff's Office Equipment MEETING DATE: June 17, 2025 ■ Background: The Sheriffs Office has been awarded the Byrne/JAG Program 2025 Byrne Justice Assistance Grant in the amount of $23,097. The purpose of the Byrne Justice Assistance grants is to allow for smaller projects to be funded as resources are diverted to other emerging needs. Specifically, this grant will assist with the purchase of a server to house software for the camera system, a computer and DVR system to view camera system on, and insulation for sound proofing interview rooms. The grant period ends on September 30, 2025. ■ Considerations: The total award for this grant is $23,097. The federal portion is $17,323, and the local match is $5,774.25. The local match will be provided by existing appropriations. The ordinance includes a disclaimer of responsibility to replace equipment purchased with grant funds. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Sheriffs Office City Manager9p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE BYRNE JAG PROGRAM FOR THE SHERIFF'S OFFICE EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) $17,323 from the Virginia Department of Criminal Justice Services, through the 2025 Byrne Justice Assistance Grant Program, is hereby accepted and appropriated, with federal revenue increased accordingly, to the Sheriffs Office Fiscal Year 2024-25 Operating Budget within the Grants Consolidated Fund. 2) A local match of $5,774 is hereby authorized within existing appropriations of the Sheriffs Office FY 2024-25 Operating Budget. 3) Equipment purchased through this grant is not guaranteed to be replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. 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 ervicesZrney's Office CA16904 R-1 June 4, 2025 r- •s �. 8 •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Capital Project #100701, "Princess Anne Road Water Transmission Main" MEETING DATE: June 17, 2025 ■ Background: In 2022, the General Assembly created the Virginia Military Community Infrastructure Grant (VMCIGP) and provided $5,000,000 to "serve as a local match for military communities to pursue Department of Defense grants to support infrastructure resilience projects in communities with military installations and to enhance military readiness." In February 2025, the Virginia Department of Forestry's Tidewater Sentinel Landscape Coordinator reached out to the Department of Public Utilities on behalf of the Department of Veterans and Defense Affairs regarding available VMCIGP funds that still need to be distributed before June 30th, 2025. Public Utilities identified the Office of Local Defense and Community Cooperation's Installation Resilience Grant, which City Council accepted on April 1, 2025, as an applicable use of State grant funds. Public Utilities applied for the grant in February 2025 and was awarded the grant in May 2025. If accepted, the Virginia Department of Veterans and Defense Affairs will provide $16,655, which covers 50% of the local match previously approved for the Installation Resilience Grant. Funding from both grants, as well as the remaining $16,655 in local funding, will go to Capital Improvement Project #100701 "Princess Anne Road Water Transmission Main." The project includes preliminary engineering of a 1.5 mile, 30-inch diameter water transmission main from Kempsville Road & Newtown Road to the 36-inch diameter water transmission main along South Parliament Drive. The new water main would provide needed system redundancy and improve system operation. ■ Considerations: No local match is required for the Virginia Military Community Infrastructure Grant. The remaining $16,655 local match previously approved for the Installation Resilience Grant came from the balance of the Water and Sewer Enterprise Fund. ■ Public Information: Normal Council agenda process ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Capital Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Public Utilities City Manager: W 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR CAPITAL PROJECT #100701, "PRINCESS ANNE ROAD WATER TRANSMISSION MAIN" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $16,655 is hereby accepted from the Virginia Military Community Infrastructure Grant Program and appropriated, with state revenues increased accordingly, to the FY 2024-25 Capital Improvement Program to project #100701 "Princess Anne Road Water Transmission Main" to provide a portion of the local match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. 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 City Att ney's Office CA16902 R-1 June 4, 2025 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100701 Title: Princess Anne Road Water Transmission Main Status: Draft I Category: Water Utility I Department: PUBLIC UTILITIES Ranking: 0 Project Type Project Location Project Type: Rehabilitation/Replacement District: 1 Programmed Funding Non -Appropriated Programmed CIP Funding Future Programmed Appropriated Budgeted Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 333,096 333,096 01 01 01 01 01 of 0 This project provides funding for preliminary engineering of 1.5 miles of water transmission main in the Princess Anne Road corridor from Newtown Road to South Parliament Drive. The new water transmission main will provide needed system redundancy and improve system operation by more proportionally distributing the flow of water between transmission mains. i nis project is neeaea to ensure continued reliable transmission of drinking water and water for fire protection tot the citizens of Virginia Beach. As water transmission mains age and get nearer to the end of their useful life, water supply outages could become more frequent, causing water service and traffic disruptions and temporarily reduce firefighting capacity. This project proactively mitigates the consequence of failure of an existing section of water transmission main by minimizing the potential for widespread water service disruption, This project directly supports the mission and goals for Public Utilities, to include providing safe and reliable water and wastewater services; investing responsibly to ensure infrastructure is reliable and resilient to meet current and future needs; safeguarding water resources and protecting public health and the environment; promoting trust within our community; and balancing capital investment needs with long-term affordability. History and Current Status This project first appeared in the FY 2024-25 CIP and it is unded by the Installation Resilience Grant and a local match o 33,310. Operating r 4%# M f A,,owh• d El-t., 2 stMd f 100701 •�W[M..M 1 evw" ICF N POW 0 V.. El�e 'y ,••4w P 0 t r Project Activities From - To Amount Design 04/25 - 10/26 333,096 Total Budgetary Cost Estimate: 333,096 Funding Subclass Amount Retained Earnings - Water and Sewer Fund 33,310 Local Funding 0 Federal Contribution 299,786 Total Funding: 333,096 F ; t� l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Adult Outpatient Competency Restoration and Evaluations Services MEETING DATE: June 17, 2025 ■ Background: Adult Outpatient Competency Restoration and Evaluation Services are provided to adult defendants and, upon receipt of a court order, include initial restoration assessment, restoration services, and restoration case management services. Trained Department of Human Services staff coordinate closely with court stakeholders to facilitate the restoration process. By state law, these services are a state requirement. ■ Considerations: Virginia Department of Behavioral Health and Developmental Services is providing state funding of $14,450 to support and reimburse these services provided in FY 2024-25. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: e 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FOR ADULT OUTPATIENT COMPETENCY RESTORATION AND EVALUATIONS SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $14,450 is hereby accepted from the Virginia Department of Behavioral Health and Developmental Services and appropriated, with revenue from the Commonwealth increased accordingly, to the FY 2024-25 Operating Budget of the Department of Human Services for Adult Outpatient Competency Restoration and Evaluations services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT CA16907 R-1 June 4, 2025 APPROVED AS TO LEGAL SUFFICIENCY: orney's Office ~ i�7 z Sj l�Ywv_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding for the Mayor's Commission on Aging MEETING DATE: June 17, 2025 ■ Background: The Mayor's Commission on Aging (MCOA) serves to assist the Mayor in planning actions and programs to meet the needs and concerns of the growing senior population of Virginia Beach. The MCOA hosts an annual Senior Showcase, a free event where seniors can get advice and tips on independent living, visit with vendors, service providers and friends, and enjoy live entertainment and food. The event features community resources that put an emphasis on the senior population including City resources, non-profit organizations, residential facilities, medical professionals, elder -law attorneys, downsizing companies, and other businesses. The funding source for the event is sponsorships/donations, totaling $13,013. ■ Considerations: These funds totaling $13,013 are donations and sponsorships for the Senior Showcase and will be used to pay invoices specifically related to the event and the printed Senior Resource guide. The guide is available to download online, or residents also can also receive copies at Virginia Beach Public Library branches. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: /AV 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING FOR THE MAYOR'S COMMISSION ON AGING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $13,013 is hereby accepted from various donations and appropriated, with revenues increased accordingly, to the FY 2024-25 Non -Departmental Operating Budget of the Mayor's Committee Trust Fund for purchases related to the Mayor's Commission on Aging. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: CA16908 R-1 June 4, 2025 APPROVED AS TO LEGAL SUFFICIENCY: orney's Office 1A L�� 1} 7.} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,302,068 from General Fund Salary Savings to the Police Department's FY 2024-25 Operating Budget to begin the Drone as a First Responder Pilot Program MEETING DATE: June 17. 2025 ■ Background: On April 1, 2025, during their Proposed Operating Budget presentation, the Police Department introduced the concept of Drones as a First Responder (DFR). The DFR program would provide overwatch and situational awareness for staff responding to calls and for leaders to gain an enhanced operating picture. Under the program, drones that are geographically docked on rooftops for rapid deployment would be autonomously launched to specific calls for service in the Oceanfront area. A pilot would be located within the Real Time Crime Center and can assume flight after the drone has flown to the call. The drones would also be integrated with FUSUS for live video feed. ■ Considerations: The DFR program would be an expansion on the current Axon contract. An initial payment for upfront costs including installation, logistics etc. would be $1,302,068 in the first year, and $418,510 annually beginning FY 2026-27 through the remainder of the 9-year contract. Funding for implementation of the program would be through FY 2024-25 year-end salary savings. The funding would then automatically carry forward to the FY 2025-26 Police Operating Budget to cover the initial charges due in September 2025, if not encumbered through a purchase order by year end (June 30, 2025). In addition to the supplies for the DFR program, the department would also receive access to Axon Investigate, a video evidence processing platform, and Axon Evidence, a digital evidence management system. Access to these programs would come at no extra charge to the City during the contract but is valued at $163,857 over the life of the contract. As part of the contract expansion, the Police Department would also be able to pilot the Axon Al Era Plan. Under this plan, the Department would gain access to Axon's current and future Al solutions for a fixed annual cost. With the contract, the plan would be piloted until FY 2028 and costs would begin, should the City choose to continue implementation. Some of the Al solutions include real time language translation through the officer's body -worn camera (BWC), and automated incident report drafting, which have already been under consideration by the Department for implementation. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: %V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO TRANSFER $1,302,068 FROM GENERAL FUND SALARY SAVINGS TO THE POLICE DEPARTMENT'S FY 2024-25 OPERATING BUDGET TO BEGIN THE DRONE AS A FIRST RESPONDER PILOT PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: $1,302,068 is hereby transferred within the General Fund salary savings, to the FY 2024-25 Operating Budget of the Police Department to implement the Drone as a First Responder Pilot Program. To ensure prompt implementation and avoid fiscal year lapse of funding, the required contracting action to commit the funding for the pilot program is to occur prior to June 30, 2025. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 �/�- � r4;; 7 � Budget and M nagement Services rney's Office CA16903 R-1 June 4, 2025 J. PLANNING 1. HWG VA BEACH, LLC / 1808 SALEM, LLC for a Modification of Proffers to a Conditional Change of Zoning re convert the former Rite Aid building to a childcare center and tenant space at 1808 Salem Road DISTRICT 10 i:���I�IuQ�IH_��1►� APPROVAL 2. CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re Borrow - Pit Fill at 560 Oceana Boulevard DISTRICT 6 (Deferred from May 20, 2025) RECOMMENDATION: STAFF -APPROVAL PLANNING COMMISSION —DENIAL 3. FWM RESIDENTIAL RENTAL PROPERTIES, LLC / CITY OF VIRGINIA BEACH for a Conditional Cha of Zoning from R-5S Residential Single -Family to Conditional RT-3 Resort Tourist District re commercial marina at two (2) parcels south of 310 & 312 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 4. FWM RESIDENTIAL RENTAL PROPERTIES, LLC / FWM RESIDENTIAL RENTAL PROPERTIES, LLC & CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re commercial marina at four (4) parcels directly south of 310 & 312 Winston Salem Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. 2501 HOLLAND ROAD, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District re develop a 35-lot subdivision with 33 single- family lots, an open space lot and a stormwater management lot at 2501 Holland Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. BT ASSOCIATES, LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Business District and Conditional Use Permit re bulk storage yard at 120 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: STAFF -DENIAL PLANNING COMMISSION —APPROVAL 7. VIRGINIA BEACH BEACON BAPTIST CHURCH for a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 RECOMMENDATION: STAFF -APPROVAL PLANNING COMMISSION —DENIAL APPLICANTS REQUESTS DEFERRAL TO JULY 8, 2025 8. CFT NV DEVELOPMENTS, LLC / VIRGINIA BEACH BEACON BAPTIST CHURCH for a Conditional Change of Zoning from R-20 Residential District to Conditional B-2 Business District re subdivide a portion of the property into two (2) separate lots at 2301 Newstead Drive DISTRICT 5 RECOMMENDATION: STAFF -APPROVAL PLANNING COMMISSION —DENIAL APPLICANTS REQUESTS DEFERRAL TO 1ULY 8, 2025 9. KENNETH LEACH / CHANDLER S. DENNIS for a Conditional Use Permit re open air market at 661 Sandbridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 10. COLIN AND SKYLAR MILLER for a Conditional Use Permit re short term rental at 1720 Baltic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL G 4 IN-4101—KII114I.11_�Lie' A Public Hearing ofthe Virginia Beach City Council will be held on Tuesday, June 17, 2025 at 6.-00 p.m. In the Council Chamber at City Hall, Building 1, 2^1 Floor at 2401 Courthouse DrNe, Virginia Beach, VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming 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 757-385-4303 prior to 5:00 p.m. on June 17, 2025. 2. Download WebEx and view the meeting at: htt s://vbeov.we bex. com/web lin k/register/ r8c6lOfa 7 756 b96 bf3782 b903 f02541f8 The following requests are scheduled to be heard: HWG VA BEACH, LLC Property Owner: 1808 Salem, LLC Modification of Proffers Address: 1808 Salem Road GPIN: 1475924954 CItyCouncil: District 10 (Rouse) City of Virginia Beach (Applicant & Property Owner) Modification of Conditions (Borrow Pit -Fill) Address: 560 Oceana Boulevard GPIN: 2416288528 CRY Coundk District 6 (Remick) FWM Residential Rental Properties LLC Property Owners: FWM Residential Rental Properties, LLC & City of Virginia Beach Modification of Conditions (Commercial Marina) Addresses: 310 & 312 Winston Salem Avenue, 4 parcels directly south of 310 & 312 Winston Salem Avenue GPINs: 2427129328, 2427128357, 2427129200, 2427129270, 2427129038, & 2427129190 City Council: District 5 (Wilson) FWM Residential Rental Properties LLC Property Owner: City of Virginia Beach Conditional Rezoning (R-5S Residential Single Family to Conditional RT-3 Resort Tourist District) 2 Parcels south of 310 & 312 Winston Salem Avenue GPINs: 2427129038&2427129190City Council: District 5 (Wilson) 2501 Holland Road, LLC (Applicant & Property Owner) Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) Address: 2501 Holland Road GPIN: 1494860698 Chy Council: District 2 (Henley) BT Associates, LLC (Applicant & Property Owner) Conditional Rezoning (0-2 Office District to Conditional B-2 Business District) & Conditional Use Permit (Bulk Storage Yard) Address: 120 South Lynnhaven Road GPIN: 1497446076 City Council: District 3 (Berlucchi) Virginia Beach Beacon Baptist Church (Applicant & Property Owner) Modification of Conditions (Religious Use) Address: 2301 Newstead Drive GPIN: 2414167704 Clpr Council: District 5 (Wilson) CFT NV Developments, LLC Property Owner: Virginia Beach Beacon Baptist Church Conditional Rezoning (R-20 Residential District to Conditional B-2 Business District) & Modification of Conditions Address: Portion of 2301 Newstead Drive GPIN: 2414167704 City Council: Dktrfct 5 (Wilson) Kenneth Leach Property Owner: Chandler S. Dennis Conditional Use Permit (Open Air Market) Address: 661 Sandbridge Road GPIN: 2424603634 City Council: District 2 (Henley) Colin & Skylar Miller (Applicant & Property Owners) Conditional Use Permit (Short Term Rental) Address: 1720 Baltic Ave GPIN: 24270730526760 City Council: District 6 (Remick) Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive Municipal Center - Building 3 Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes, MMC City Clerk PILOT - June 3, 2025 & June 10, 2025 - i TIME EACH R5, ° o R5.D ca O �c a Q Q R1O� N `era ``�o/ o R5D 010 o. QS.D� El e R �1, C `ca � ❑ Q� 1, � ��5�D ® Site Property Polygons Zoning Building HWG VA BEACH, LLC 1808 Salem Road Feet 0 25 50 100 150 200 250 300 ry`'i0t'' GNU-�E�,y l 15F' <• IJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HWG VA BEACH, LLC [Applicant] 1808 SALEM, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1808 Salem Road (GPIN 1475924954). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: June 17, 2025 ■ Background: The subject site was conditionally rezoned in 2003 from 0-2 Office District and R- 5D Residential District to Conditional B-2 Community Business District. The proffers associated with that approval limited use of the site to a drug store/retail facility and included a specific site layout and building design. The applicant is seeking a Modification of Proffers to permit changes to the permitted uses, site layout, and building design. More specifically, the applicant intends to convert the former Rite Aid building into an approximately 12,000 square foot childcare education center and 2,700 square foot tenant space. While a user has not been identified for the tenant space, the applicant has proffered out certain uses including Boat Sales, Storage Garages, Freestanding Wind Energy Conversion Systems, and Eating and Drinking Establishments with a Drive Thru. The proposed childcare education center is anticipated to have between 180 to 200 children and 27 to 33 employees. A 5,800 square foot enclosed play area is proposed at the rear of the existing structure, enclosed by a 6-foot-tall white vinyl privacy fence with two access gates. A total of 51 parking spaces are required for the proposed uses, and 71 spaces are provided on site. Exterior changes to the building include the relocation of the existing drive-thru window and canopy into the tenant space and installation of two new building -mounted signs. The existing freestanding sign will be retained and refaced to match the building -mounted signs. ■ Considerations: This property falls within the Suburban Area which calls for the support of neighborhoods through compatible non-residential uses, which the childcare education center and tenant space are considered. Although the proffers approved in 2003 restricted the property's use to a drug store/retail facility and one additional structure for commercial and/or professional office use, staff believes, and the Planning Commission concurred, that alternative HWG VA BEACH, LLC Page 2 of 3 uses, including those proposed with this request, are suitable for the area. Furthermore, the applicant has proffered out specific uses that are considered incompatible with the site and surrounding residential areas. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffer 1: Proffer number " 1 " in the 2003 Proffers is deleted and replaced with: The following principal uses permitted in the B-2 Zoning District shall not be permitted on the property: Boat Sales; Storage Garages and Wind Energy Conversion Systems, Freestanding. Proffer 2: Proffer numbered "2" in the 2003 Proffers is deleted and replaced with: 2. When the Property is redeveloped for adaptive reuse, the site layout shall be substantially as depicted and described on the Exhibit entitled, "CONCEPTUAL SITE PLAN CELEBREE SCHOOL & RETAIL 1808 SALEM ROAD VIRGINIA BEACH, VA 23456", dated 02/20/25, rev 04/04/2025, prepared by THE ECO COMPANIES and the existing freestanding sign shall be modified substantially as depicted on that Exhibit entitled "Celebree School Freestanding Sign —1808 Salem Road", which Exhibits have been presented to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 3: Proffer numbered "3" in the 2003 Proffers is deleted and modified to read as follows: 3. The architectural style of the building on the Property shall be substantially in keeping with the architectural style and materials depicted on the Exhibit entitled, "CELEBREE SCHOOL PROPOSED EXTERIOR PERSPECTIVES, Salem Road and South Independence Boulevard, Virginia Beach, Virginia", dated 02/24/2025, prepared by Justin A. Mihalik, AIA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 4: The existing drive-thru on the Property shall not be permitted to be used by any eating and drinking establishment. HWG VA BEACH, LLC Page 3 of 3 Proffer 5: The outdoor "Fenced Play Area 5,800 SF" depicted on the Conceptual Site Plan referenced in Proffer 2 above, shall utilize perimeter fencing, gated access and safety bollards as depicted and described on the "WHITE VINYL PLAYGROUND FENCING EXHIBIT', dated February 26, 2025 which has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 6: Except as deleted and modified herein, and as supplemented herein, the remaining unchanged proffered covenants, restrictions and conditions in the 2003 Proffers, are hereby ratified and affirmed. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Project Details Request Modification of Proffers Staff Recommendation Approval Staff Planner Alexis Bailey Location 1808 Salem Road GPIN 1475924954 Site Size 2.962 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Former Rite -Aid / B-2 Community Business Surrounding Land Uses and Zoning Districts North Bank / B-2 Community Business South S Independence Boulevard Single-family dwellings / R-5D Residential East Single-family dwellings / R-5D Residential West Salem Road Single-family dwellings / R-10 Residential \ / L,,�,r,AVEN vKwH�v dd � Da L �,n�LLN � �J • an, �n S�LN G y P1'�NgOM CL.EyHA,4, CAN SMOVENDENCEOL D 71 Y-LE NSTREAM PKW�' �` r' TOPAZ LN 1 � O O 1 EAGLE MY`Y SALE, U E I EKES BLV 1 CENTENNIAL Ilk . I•%_ � _ HWG VA BEACH, LLC Agenda Item 1 page 1 of 16 • The applicant is requesting a Modification of Proffers to reuse the former Rite -Aid building for a childcare education center and tenant space. The majority of the approximately 14,681 square -foot structure will be used for the childcare education center, with approximately 2,700 square feet designated for the tenant space. • The property was conditionally rezoned from 0-2 Office District and R-5D Residential District to Conditional B-2 Community Business District in 2003. • Proffer 1 of the 2003 approval stated the Property shall be developed for a drug store/retail facility, together with one additional structure to be utilized as commercial and/or professional offices. The building design and site layout were also proffered with the 2003 approval. • The applicant now seeks to modify the proffer agreement by removing and replacing two of the previous proffers and modifying a third to allow the site to be redeveloped with a childcare education center and a tenant space. Additionally, the applicant has added two proffers prohibiting the following uses: Boat Sales, Storage Garages, Freestanding Wind Energy Conversion Systems, and an Eating and Drinking Establishment with a Drive Thru. • The applicant proposes to add a 5,800 square foot enclosed play area at the rear of the existing structure. The play area will be enclosed by a six -foot -tall white vinyl fence with two access gates. • The proposed childcare education facility is anticipated to have between 180 to 200 children and 27 to 33 employees. • Exterior changes to the building will include the relocation of the existing drive-thru window and canopy into the tenant space and installation of two new building mounted signs. The existing freestanding sign will be retained and refaced to match the building mounted signs. • Per Section 203 of the Zoning Ordinance, Childcare Education Centers require one space per three hundred (300) square feet of floor area. At just under 12,000 square feet, the proposed Childcare Education Center requires 40 parking spaces. Additionally, at one space per two hundred fifty (250) square feet of floor area, the proposed 2,700 square foot tenant space requires 11 parking spaces. A combined 51 parking spaces are required for both uses and 71 are provided. HWG VA BEACH, LLC Agenda Item 1 page 2 of 16 # Request 1 CUP (Home -Based Wildlife Rehabilitation Facility) Approved 03/21/2017 2 CRZ (0-2 and R-5D to Conditional B-2) Approved 09/09/2003 Application Types CUP: Conditional Use Permit REZ. Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions MDP: Modification of Proffers NON: Nonconforming Use STC: Street Closure FVR: Floodplain Variance ALT- Alternative Compliance SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental In Staff's opinion, this request for a Modification of Proffers is acceptable. This property falls within the Suburban Area which calls for the support of neighborhoods through compatible non-residential uses, which the childcare education center and tenant space are considered. While the proffers approved when the property was rezoned limited the use of the site to a drug store/retail facility, together with one additional structure to be utilized as a commercial and/or professional office, staff finds others uses, such as those proposed with this request, to be appropriate for this area. The applicant has proffered specific uses believed to be incompatible with the site and the surrounding residences would not be permitted. Additionally, adequate parking is available on site to support both uses without impacting adjacent neighborhoods. As such, Staff recommends approval of this application subject to the proffers and exhibits included below in the staff report. HWG VA BEACH, LLC Agenda Item 1 page 3 of 16 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 Proffer number "1" in the 2003 Proffers is deleted and replaced with: 1. The following principal uses permitted in the B-2 Zoning District shall not be permitted on the property: Boat Sales; Storage Garages and Wind Energy Conversion Systems, Freestanding. Proffer 2 Proffer numbered "2" in the 2003 Proffers is deleted and replaced with: 2. When the Property is redeveloped for adaptive reuse, the site layout shall be substantially as depicted and described on the Exhibit entitled, "CONCEPTUAL SITE PLAN CELEBREE SCHOOL & RETAIL 1808 SALEM ROAD VIRGINIA BEACH, VA 23456", dated 02/20/25, rev 04/04/2025, prepared by THE ECO COMPANIES and the existing freestanding sign shall be modified substantially as depicted on that Exhibit entitled "Celebree School Freestanding Sign —1808 Salem Road", which Exhibits have been presented to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 3 Proffer numbered "3" in the 2003 Proffers is deleted and modified to read as follows: 3. The architectural style of the building on the Property shall be substantially in keeping with the architectural style and materials depicted on the Exhibit entitled, "CELEBREE SCHOOL PROPOSED EXTERIOR PERSPECTIVES, Salem Road and South Independence Boulevard, Virginia Beach, Virginia", dated 02/24/2025, prepared by Justin A. Mihalik, AIA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 4 The existing drive-thru on the Property shall not be permitted to be used by any eating and drinking establishment. Proffer 5 The outdoor "Fenced Play Area 5,800 SF" depicted on the Conceptual Site Plan referenced in Proffer 2 above, shall utilize perimeter fencing, gated access and safety bollards as depicted and described on the "WHITE VINYL PLAYGROUND FENCING EXHIBIT", dated February 26, 2025 which has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. HWG VA BEACH, LLC Agenda Item 1 page 4 of 16 Except as deleted and modified herein, and as supplemented herein, the remaining unchanged proffered covenants, restrictions and conditions in the 2003 Proffers, are hereby ratified and affirmed. 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. The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. (pg.1-58 to 1-61) Infill development on small vacant parcels within an existing neighborhood or on parcels being redeveloped should be compatible to the existing development around it. Design should incorporate structures that are scaled and proportioned with surrounding development. (p. 1-62, Comp Plan Policy Document). The site is located in the Southern Rivers watershed and there are no known historic or cultural resources that will be affected by this project. Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Salem Road 11,860 ADT' 31,100 ADT' (LOS4 "D") Existing Land Use —1,518 ADT Proposed Land Use — 720 ADT S. Independence Blvd. 16,400 ADT' 36,900 ADT' (LOS4 "D") ' Average Daily Trips 2As defined by an 'As defined by a 4LOS = Level of 14,000 SF pharmacy 12,000 SF childcare Service with a drive thru center and 2,700 SF retail space Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Salem Road, in the vicinity of this application, is considered a four -lane divided minor suburban arterial. S. Independence Boulevard, in the vicinity of this application, is considered a four -lane divided minor suburban arterial. The MTP proposes a four -lane divided minor arterial facility within a 125-foot right-of-way. No roadway CIP projects are slated for this area. HWG VA BEACH, LLC Agenda Item 1 page 5 of 16 Active Transportation Plan The Active Transportation Plan recommends improving the existing sidewalk along Salem Road to a minimum 8- foot-wide side path as well as on -street bike lanes. Water There is an existing 16-inch city water transmission main along Salem Road and S. Independence Boulevard. There is an existing 8-inch non -operational city water main along S. Independence Boulevard. The site currently connects to city water. Sewer There is an existing 10-inch city sanitary sewer gravity main along Salem Road. The gravity main encroaches within the properties in a public utility easement west of Salem Road. There is an existing 8-inch non -operation city sanitary sewer gravity main along Salem Road. There is an existing 16-inch city sanitary sewer force main along Salem Road. The site currently connects to city sewer. Planning Commission • The applicant invited the neighboring residences to a community meeting held at 5:30 p.m. on April 15th at the Joint Use Library at Tidewater Community College. According to the applicant, no residents attended. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. HWG VA BEACH, LLC Agenda Item 1 page 6 of 16 3 S 3 u N � O V viti oo: Z''a"` pia. HWG VA BEACH, LLC Agenda Item 1 page 7 of 16 WHITE VINYL PLAYGOUND FENCING EXHIBIT February 26, 2025 Notes: 6'H by 8'W white vinyl fence around perimeter of playground. one standard 36access point (gate, and one double gate entry 6' W minimum. Add safety bollards outside fence where vehicle traffic is present. DOUBLE GATE LATCH HWG VA BEACH, LLC Agenda Item 1 page 8 of 16 Architectural Building Rendering L m r!r PIT OUT OF: CULEOREE SCHOOL PROPOSED KXTE I'll OR I'll, R81 TICIIII VI -Is SUM WON 1, 6FACH VA 21*51 ISS JEC- ON 02:2Q-56 11 r DRIVE THRU Jib HWG VA BEACH, LLC Agenda Item 1 page 10 of 16 HWG VA BEACH, LLC Agenda Item 1 page 11 of 16 �AZ74K; HWG VA BEACH, LLC Agenda Item 1 page 12 of 16 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 low. Completion and submission of this farm is required for all applications that pertain to Cityreal 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. SECTI0V-t—APPtA,CW0T-T1I.';CI111 APPLICANT INFORMATION Applicant Name: HWG - VA Beach, LLC, a Virginia limited liability company as listed on application r9 tY P Y Is Applicant also the Owner of the subject property? Yeso No@ if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes@ Noo If yes, name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahem & Levy, P.C. 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' or affiliated business entity' relationship with the applicant. (Attach list if necessary.) Richard Huffman, Managing Member Does the subject property have a proposed or pending purchaser? Yes U No If yes, name proposed or pending purchaser: the Applicant 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? Yeso Noth If yes, name the official or employee, and describe the nature of their interest. 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.) I SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing (mortgage, deeds of trust, ® O ZZ ,,�((!, ff__ f �wtl cross-collateralization, etc.) IJ*F� I� . titb! Real Estate Broker/Agent/Realtor 0��Atv� Sc llcrcdlLl - l%o �[1.JL� Disclosure Statement I rev. May-2024 page 1 of 3 HWG VA BEACH, LLC Agenda Item 1 page 13 of 16 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual __ Accountin ax Return Preparation ® 0 Architect/Designer/Landscape Arcl-hitect/Land Planner _ epffi �, Construction Contractor ® O 0 ® N _ Engineer/Surveyor/Agent @ O , Legal Services Andrew R. Sandler, Esq., Levin Gann PA 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, I 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. PV)4)A 3C", LIc- � Applicant Name Print) A Me" Applicant Signature Date i "Parent-subsidiaryrelationsslhip" . eon, ,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 on 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 o regular basis or there is otherwise a close working relationship between the entities." See State and t.ocal Government Conflict of Interests Act, Va Code § 2.2-3101. FOR CITY USE ONLY: No changes as of (date): 5/29/2025 Alexis Bailey �" _ Fwsa 25 Staff Name (Print) qaff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 HWG VA BEACH, LLC Agenda Item 1 page 14 of 16 SECTION-•- OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application 1808 Salem, LLC, a Virginia limited liability company Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? Yes( No© 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.) CN8 Farnity limited Partnership. Its sole member, CNB MmapmentTrust dated June 11, 2011, Mai bYg Cheng, Trustee Does the subject property have a proposed or pending purchaser? Yes No0 If yes, name proposed or pending purchaser: the Applicant 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 O No@ If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity 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.) 0 O Real Estate Broker/Agent/Realtor & 0 jay Burnell, Parker/Burnell Real Estate Group Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner 0 Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services Q 0 R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahem & Levy, P.C. PROPERTY OWNER 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?Ublic hearing, I am responsible for updating the information provided herein three wee s, prior to them eting of planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public dy or m itt in connection with t s a pllcot' Mel Ling Cheng, Trustee 2 / \ l° Z Property Owner Name (Print) Property Owner S6azt e D to Disclosure Statement I rev. May-2024 page 3 of 3 HWG VA BEACH, LLC Agenda Item 1 page 15 of 16 • 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. HWG VA BEACH, LLC Agenda Item 1 page 16 of 16 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HWG VA BEACH, LLC, a Virginia limited liability company 1808 SALEM LLC, a Virginia limited liability company TO (PROFFERED ZONING COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 26t' day of February, 2025, by and between HWG VA BEACH, LLC, a Virginia limited liability company, party of the first part, Grantor; 1808 SALEM LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. 1 WHEREAS, the party of the second part is the owner of that parcel of property located in the City of Virginia Beach, Virginia, containing 2.962 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, which is referred to herein as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit certain modifications of the previously proffered Covenants, Restrictions and Conditions dated July 28, 2003 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200310290176395 (hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 1475-92-4954-0000 Prepared by: R. Edward Bourdon, Jr., Esq., VSB #22160 Sykes, Bourdon, Ahern & Levy, P.C. 4429 Bonney Road Suite 500 Virginia Beach, Virginia 23462 WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "1", "2" and "3', as contained in the 2003 Proffers, with the remaining unchanged, proffered covenants, restrictions and conditions set forth remaining applicable; 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 Grantors acknowledge that 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 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their 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 quid pro quo for zoning, rezoning, site plan, building pen -nit, or subdivision approval, hereby make the following three (3) amendments to the Conditions and Restrictions as originally proffered which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute zoning proffers 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: 1. Proffer numbered "1" in the 2003 Proffers is deleted and replaced with: 1. The following principal uses permitted in the B-2 Zoning District shall not be permitted on the Property: Boat Sales; Storage Garages and Wind Energy Conversion Systems, Freestanding. Pa 2. Proffer numbered "2" in the 2003 Proffers is deleted and replaced with: 2. When the Property is redeveloped for adaptive re -use, the site layout shall be substantially as depicted and described on that Exhibit entitled, "CONCEPTUAL SITE PLAN CELEBREE SCHOOL & RETAIL 1808 SALEM ROAD VIRGINIA BEACH, VA 23456", dated 02/20/2025, rev. 04/04/2025, prepared by THE ECO COMPANIES and the existing freestanding sign shall be modified substantially as depicted on that Exhibit entitled "Celebree School Freestanding Sign — 1808 Salem Road", which Exhibits have been presented to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by reference. 3. Proffer numbered "3" in the 2003 Proffers is deleted and modified to read as follows: 3. The architectural style of the building on the Property shall be substantially in keeping with the architectural style and materials depicted on the Exhibit entitled, "CELEBREE SCHOOL PROPOSED EXTERIOR PERSPECTIVES, Salem Road and South Independence Boulevard, Virginia Beach, Virginia", dated 02/24/2025, prepared by Justin A. MihaW AIA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. 4. The existing drive-thru on the Property shall not be permitted to be used by any eating and drinking establishment. 5. Except as deleted and modified herein, the remaining unchanged proffered covenants, restrictions and conditions in the 2003 Proffers, are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions or further modifies the proffered conditions or restrictions to which the Property is subject to in its current Zoning District. 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 3 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 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors 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 aggrieved Grantor 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 names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: HWG VA BEACH, LLC, a Virginia limited liability company By: r-,...,.� cr— (SEAL) Richard Huffman, Managing Member STATE OF M Uy ,, I a n tk CITY/COUNTY OF e. I "m o eQ, , to -wit: The foregoing instrument was acknowledged before me this 2 8'4" day of F-c b r va. r, 1 , 2025, by Richard Huffman, Managing Member of HWG VA BEACH LLC, a Virginia limited liability company, Grantor. lti�) k6cyt\ A-6-w Notary Public My Commission Expires:_ D S I I o 1 t o -t. C Notary Registration Number: M I A 10, 2026 5 WITNESS the following signature and seal: Grantor. 1808 SALEM LLC a Virginia limited liability company By: The CNB Family Limited Partnership, its sole member By: CNB ?Aailageme4plTrust dated June 11, 2011 By: Mei Ling Cheng, STATE OF Flo r'&4 CITY/COUNTY OF D a 0 rw to -wit: (SEAL) The foregoing instrument was acknowledged before me this —Z-7 day of Febnm r, , 2025, by Mei Ling Cheng, Trustee of the CNB Management Trust dated June 11, 2011 o behalf of The CNB Family Limited Partnership, the sole member of 1808 Salem LLC, a Virginia limited liability company, Grantor. Notary PdAlic My Commission Expires: N I TA PATE L Notary Registration Number: If ;H 83917 =�`Notary Public -State of Florida _ Commission # HH 83817 =� My Commission Expires April 15.2025 6 I1: All that certain piece or parcel of land located in the Kempsville Borough of the City of Virginia Beach, Virginia and being designated and identified as "Lot 2, 129,024 sq. ft. , 2.96 acres, GPIN: 1475-92-4954" as shown on that certain subdivision plat entitled "SUBDIVISION OF PARCEL B- lAl, M.B. 276, PAGE 3-5, VIRGINIA BEACH, VIRGINIA" made by The John R. McAdams Company, Inc., Civil Engineering — Land Planning — Surveying, P.O. Box 14005, Research Triangle Park, NC 27709, dated October 29, 2003, last revision dated April 7, 2004, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia prior hereto as Instrument Number 200406220097226 which said plat is incorporated herein for a more particular description as if fully set forth. GPIN: 1475 -9249 54-0000 H:\AM\`Mod of Proffers\"1808 Salem\1st Amendment to Proffers.docx 7 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #1 HWG VA BEACH, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you Madam Chair. Today we have two items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers signed up in opposition. First item is HWG Virginia Beach, LLC. Mr. Bourdon: Thank you Mr. Coston, Madam Chair, members of commission, Eddie Bourdon, Virginia Beach attorney representing the applicant. The applicant is an entity that is a franchise creator and school operator. The Celebree Schools, there are 27 corporate schools located in Maryland, Delaware, and Dallas, Texas. There are 31 franchise schools in Maryland, Virginia, Texas, Oklahoma, and Kentucky. The schools that are in Virginia are in Northern Virginia and Richmond. There are multiple in Northern Virginia. This school will be a franchise school. It will be owned and operated by Lisa Rudacil and Nikhil Deshpande. Nikhil is a local civil engineer, Ms. Rudacil is a native, and that's the situation with regard to the school and the people involved. All the conditions as recommended by staff are acceptable and appreciate being on the consent agenda. Mr. Coston: Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none, we've asked Commissioner Parks to read this item into the record. Mr. Parks: Thank you. The applicant is seeking a modification of proffers to modify the existing 14,681 square foot Rite -Aid building into a childcare center with a 2,700 square foot tenant space to be planned in the future. Modifications are limited to signage and minor site improvements on the exterior of the building and the interior will house the childcare center and tenant spaces. With no opposition and favorable staff recommendation, we felt this was appropriate for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The planning commission faces the following applications on the consent agenda. Items 1 and item 11. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Coston: So moved. Ms. Hippen: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on these items on the consent agenda? The motion for approval is made by Commissioner Coston and seconded by Commissioner Hippen. Clerk: The vote is open. By recorded vote of 1 1 to 0, items 1 and 1 1 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in -person, but you're also free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers Proffer 1: Proffer number "1" in the 2003 Proffers is deleted and replaced with: The following principal uses permitted in the B-2 Zoning District shall not be permitted on the property: Boat Sales; Storage Garages and Wind Energy Conversion Systems, Freestanding. Proffer 2.- Proffer numbered "2" in the 2003 Proffers is deleted and replaced with: 2. When the Property is redeveloped for adaptive reuse, the site layout shall be substantially as depicted and described on the Exhibit entitled, "CONCEPTUAL SITE PLAN CELEBREE SCHOOL & RETAIL 1808 SALEM ROAD VIRGINIA BEACH, VA 23456", dated 02/20/25, rev 04/04/2025, prepared by THE ECO COMPANIES and the existing freestanding sign shall be modified substantially as depicted on that Exhibit entitled "Celebree School Freestanding Sign —1808 Salem Road", which Exhibits have been presented to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 3: Proffer numbered "3" in the 2003 Proffers is deleted and modified to read as follows: 3. The architectural style of the building on the Property shall be substantially in keeping with the architectural style and materials depicted on the Exhibit entitled, "CELEBREE SCHOOL PROPOSED EXTERIOR PERSPECTIVES, Salem Road and South Independence Boulevard, Virginia Beach, Virginia", dated 02/24/2025, prepared by Justin A. Mihalik, AIA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 4: The existing drive-thru on the Property shall not be permitted to be used by any eating and drinking establishment. Proffer 5. The outdoor "Fenced Play Area 5,800 SF" depicted on the Conceptual Site Plan referenced in Proffer 2 above, shall utilize perimeter fencing, gated access and safety bollards as depicted and described on the "WHITE VINYL PLAYGROUND FENCING EXHIBIT", dated February 26, 2025 which has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by reference. Proffer 6.- Except as deleted and modified herein, and as supplemented herein, the remaining unchanged proffered covenants, restrictions and conditions in the 2003 Proffers, are hereby ratified and affirmed. �1 = AG 1 C1� O 12 w C� o. ° O � ❑ o R_5D q N ® site City of Virginia Beach W -*I:, Property Polygons 560 Oceana Boulevard Zoning Building Feet 0 55110 220 330 440 550 660 F° �6 r� N si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Borrow -Pit Fill) for the property located at 560 Oceana Boulevard (GPIN 2416288528). COUNCIL DISTRICT 6 (Remick) MEETING DATE: June 17, 2025 (Deferred at the May 20, 2025, CC Hearing) ■ Background: The applicant is requesting a Modification of Conditions to the existing Conditional Use Permit for a borrow pit on the 19.5-acre parcel zoned 1-1 Light Industrial District. The entire property is situated within the greater than 75 dB DNL noise zone and is subject to a Navy Restrictive Easement, with approximately one-third of the property located within Accident Potential Zone-2 (APZ-2). In 1985, the City Council granted a Conditional Use Permit for the site to be used as an 11-acre borrow pit, known as the Lilley Pit/Baillio Sand Pit. In 2001, an expansion was approved, increasing the total size to 16.59 acres. Following the completion of excavation in 2016, the borrow pit was transformed into a lake in accordance with the approved conditions. The City acquired the 19.5-acre parcel containing the borrow pit in 2017 and is now seeking a Modification of Conditions to allow the filling of the borrow pit with materials sourced from public dredging operations, specifically from navigation channels and stormwater facilities. Prior to disposal in the fill area, the dredged materials will undergo testing for contaminants of concern, including metals, polychlorinated biphenyls (PCBs), and petroleum, in compliance with all applicable laws and regulations. Construction debris and yard waste will not be permitted as fill material. Proposed hours of operation are from 7:00 a.m. to 7:00 p.m., seven days a week, on an as -needed basis. The Dredged Material Management Area (DMMA) will not be in use daily and will have a locked gate at the entrance to prevent unauthorized access. City personnel or a designated representative will be on -site periodically throughout the day during filling operations to ensure adherence to the proposed plan and conditions. During peak operations, approximately 40 truck trips per day are anticipated for the filling of the Dredged Material Management Area (DMMA). While no excavation is proposed for this site, the City Zoning Ordinance requires a 100-foot setback from the edge of any excavated area to all property lines. In 1985, the Board of Zoning Appeals (BZA) granted a variance allowing a five-foot setback on the north City of Virginia Beach Page 2 of 4 side of the property, instead of the required 100 feet. Another variance was granted in 2002, reducing the setback to zero feet, and this variance remains in effect. The two existing ingress/egress points along Oceana Boulevard will continue to provide access, with the northern entrance featuring both left and right turn lanes. The southern entrance also provides access to the adjacent single-family dwelling. A six-foot berm, planted with evergreen trees and wax myrtle shrubs, is located along Oceana Boulevard, and a row of mature trees separates the borrow pit from the single-family homes to the south. All existing vegetation will remain undisturbed. As outlined in the Final Build -Out Plan, the fill area will be leveled to match the existing grade, which ranges from 22 feet at the west end to 14 feet at the east end. Once final grades are achieved, the area will be seeded as necessary and maintained as a naturally vegetated greenspace. The restoration of the DMMA into a vegetated greenspace is expected to be completed by 2035. ■ Considerations: The proposed request for a Modification of Conditions to fill the existing borrow pit with public dredge material is, in Staffs opinion and the Planning Commission concurred, acceptable given the predominance of light industrial activities and uses in the immediate vicinity and the site's location within the greater than 75 noise zone and APZ-2. The proposal also aligns with the Comprehensive Plan's policies for this area, particularly in relation to the established landscape screening buffers between existing residential areas and non-residential uses, which help mitigate potential visual and noise impacts. Furthermore, previous excavation activities on this site have shown that Oceana Boulevard has sufficient capacity to accommodate both the volume of truck trips proposed and the weight of trucks associated with this type of filling operation. To address concerns raised by the Planning Commission, the applicant has contracted to have three monitoring wells installed. The monitoring wells will extend approximately 10 feet below the bottom of the pit to represent any water that seeps through the ground before it reaches the confining layer. As such, the applicant will be able to determine the slope of the groundwater table to determine the direction of flow and collect baseline samples to develop a monitoring program. A condition has been added to require the installation of monitoring wells on the site. The Planning Commission requested that a condition be added to require installation of a truck wash station on site. Condition 11 has been added to address this. Three speakers, in opposition of the request, was present at the public hearing stating concerns with flooding and potential impacts to private drinking water wells. City of Virginia Beach Page 3of4 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On April 9, 2025, the Planning Commission passed a motion to recommend denial of this request by a vote of 9 to 0 with 1 abstention. If the City Council chooses to approve the request, Staff recommends the following conditions: No filling, excavation, or restoration of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies. 2. A fill plan shall be prepared to comply with all Federal, State, and Local agency requirements and shall be on file with the Department of Public Works before any fill activities can begin. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "OCEANA DMWA EXHIBIT 1 FOR CITY OF VIRGINIA BEACH," prepared by Waterway Surveys & Engineering, Ltd., dated November 13, 2024, as exhibited to City Council and on file with the Department of Planning & Community Development. 5. Only inert, non -hazardous, non -toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures such as sweeping regularly, applying water to dusty roads, and/or covering loads on trucks with tarps or mesh shall be implemented to prevent dust from impacting adjacent properties. 7. The maximum number of truck trips generated by the borrow pit shall be [begin strikethrough] [end strikethrough] forty (40) per day. A truck trip shall be considered one round trip, in and out of the borrow pit. The applicant shall maintain a daily log of inbound and outbound truck trips which shall be made available to the Department of Planning & Community Development upon request. 8. When the filling of the borrow pit is complete, the site shall be converted to achieve the existing grade of 14 feet to 22 feet NAVD contour. Once the final grades are reached, the area shall be seeded as needed and maintained as a naturally vegetated greenspace, as depicted on the plan entitled "CITY OF VIRGINIA BEACH — DEPARTMENT OF PUBLIC WORKS -OPERATIONS, PROPOSED PLAN VIEW — OCEANA DREDGED MATERIAL MANAGEMENT AREA & HAUL ROAD", prepared by Waterway Surveys & Engineering, Ltd., dated January 13, 2025, as exhibited to City Council and on file with the Department of Planning & Community Development. City of Virginia Beach Page 4 of 4 9. Typical operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless emergency hours are authorized by the City Manager or his designee. 10. Three monitoring wells shall be installed on the site, and testing shall be conducted to ensure that fill activities on the site do not result in adverse impacts to adjacent properties. 11. A vehicle wash -down station shall be installed at the entrance along Oceana Boulevard and must be used by all haul vehicles and equipment before exiting onto the public right-of-way. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. i Submitting Department/Agency: Planning Department City Manager: * Project Details Request Modification of Conditions (Borrow Pit -Fill) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 560 Oceana Boulevard GP/N 2416288528 Site Size 19.5 acres A/CUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Inactive borrow pit (lake) / 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Bulk Storage Yard/ 1-1 Light Industrial South Single-family & duplex dwellings, warehouse/ R-5D Residential, 1-1 Light Industrial East Mini -warehouse, industrial warehouse / 1-1 Light Industrial West Oceana Boulevard NAS Oceana / 1-2 Heavy Industrial STRATEMCT BROOKLYN ALf G RD OLDS LN gE��S RD n x c ., y ••�CR��ED��aD-` City of Virginia Beach Agenda Item 3 page 1 of 14 • The applicant is requesting a Modification of Conditions to the existing Conditional Use Permit for a Borrow Pit on this 19.5-acre parcel zoned 1-1 Light Industrial District. • The entire property is located within the greater than 75 dB DNL noise zone and encumbered by a Navy Restrictive Easement, with approximately one-third of the property located within the Accident Potential Zone-2 (AP2-2). • In 1985, the City Council granted a Conditional Use Permit allowing the site to be used as an 11-acre borrow pit, known as Lilley Pit/Baillio Sand Pit. In 2001, an expansion of the borrow pit was approved, increasing its total size to 16.59 acres. Since completion of the excavation in 2016, the borrow pit has transformed into a lake in accordance with the approved conditions. • The City acquired the 19.5-acre parcel containing the borrow pit in 2017 and is now seeking a Modification of Conditions to permit the filling of the borrow pit with materials from public dredging operations, specifically from navigation channels and stormwater facilities. Prior to disposal in the fill area, dredged materials will be tested for contaminants of concern, including metals, polychlorinated biphenyls (PCBs), and petroleum, in compliance with applicable laws and regulations. Construction debris and yard waste will not be allowed as fill material. • Proposed hours of operation will be between 7:00 a.m. to 7.00 p.m., seven days a week, on an as needed basis. The Dredged Material Management Area (DMMA) will not be in use on a daily basis and will have a locked gate at the entrance to prevent unauthorized vehicular access. City personnel or a city appointed designee will be on -site periodically throughout the day during filling operations to ensure compliance with the proposed plan and conditions. • During peak operations, approximately [begin strikethrough] [end strikethrough] 40 truck trips per day are expected for filling the DMMA. • While no excavation is proposed for this site, the City Zoning Ordinance requires a 100-foot setback from the edge of the excavated area to all property lines. In 1985, the Board of Zoning Appeals (BZA) granted a variance allowing a five-foot setback on the north side of the property instead of the required 100 feet. In 2002, the BZA granted another variance to the setback on the north side of the property, this time allowing a zero -foot setback. This variance remains in effect today. • As with previous excavation operations on the site, the two existing ingress/egress points along Oceana Boulevard will be utilized for access. The northern entrance is equipped with both left and right turn lanes from Oceana Boulevard. In addition to serving the borrow pit, the southern ingress/egress point also provides access to the adjacent single-family dwelling. • An existing six-foot berm, planted with a row of evergreen trees and wax myrtle shrubs, is located along Oceana Boulevard. Additionally, a row of mature trees is situated between the borrow pit and the adjacent single-family dwellings to the south. All existing vegetation will remain. • As depicted on Final Build Out Plan, the fill area will be converted to match the existing grade, which ranges from an elevation of 22 feet at the west end of the site to 14 feet at the east end. Once the final grades are reached, the area will be seeded, as needed, and will then be maintained as a naturally vegetated City of Virginia Beach Agenda Item 3 page 2 of 14 greenspace. The restoration of the DMMA into a vegetated greenspace is expected to be completed in approximately ten years, around 2035. Map Key No. Request CUP (Bulk Storage Yard) Approved 1 06/06/2023 NON (Relocation & Enlargement) Approved 08/27/2013 CUP (Automobile Repair Facility, Painting, Restoration & Storage Area) Approved 09/10/2002 CUP (Automobile Repair Facility, Painting, Restoration & Storage Area) 2 Approved 10/23/2001 CRZ (Conditional B-1 & Conditional AG-1 to 1-1) Approved 11/10/1998 CRZ (1-1 to Conditional B-1) Approved 05/27/1997 CRZ (1-1 to Conditional AG-1) Approved 04/24/1978 3 CUP (Borow Pit Expansion) Approved 08/28/2001 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions MDP: Modification of Proffers NON: Nonconforming Use STC. Street Closure FVR: Floodplain Variance ALT- Alternative Compliance 1 �„ SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental The proposed request for a Modification of Conditions to fill the existing borrow pit with public dredge material is, in Staff's opinion, acceptable given the predominance of light industrial activities and uses in the immediate vicinity and the site's location within the greater than 75 noise zone and APZ-2. Although a nonconforming single-family dwelling is located adjacent to the site, conditions have been recommended to ensure proper installation and maintenance of the existing landscape buffer which will assist in screening the operation. City of Virginia Beach Agenda Item 3 page 3 of 14 Additionally, the proposal aligns with the Comprehensive Plan's policies for this area, particularly in relation to the established landscape screening buffers between existing residential areas and non-residential uses, which help mitigate potential visual and noise impacts. Furthermore, previous excavation activities on this site have shown that Oceana Boulevard has sufficient capacity to accommodate both the volume of truck trips proposed and the weight of trucks associated with this type of filling operation. To address concerns of the Planning Commission, the applicant has a contract to have three monitoring wells installed. The monitoring wells will extend approximately 10 feet below the bottom of the pit to represent any water that seeps through the ground before it reaches the confining layer. As such, the applicant will be able to determine the slope of the groundwater table to determine the direction of flow and collect baseline samples to develop a monitoring program. A condition has been added to require the installation of monitoring wells on the site. The current Oceana Dredged Material Management Area (DMMA) does not have any discernable drainage inlets or outlets, and the water level of the DMMA is controlled primarily by groundwater and evaporation. Additionally, the Department of Public Works is not aware of any instance where the pond overflowed its banks. Based on recent survey data and LiDAR point elevations, it was determined that the drainage area to the DMMA is approximately 13 acres, which only contributes runoff to the pit via sheet flow. The drainage area during dredge disposal activities will consist of approximately 75%grassy open space, which will allow for infiltration before runoff reaches the DMMA. After conservative stormwater modeling evaluation utilizing the 100-year storm event equivalent, it was determined that during dredge disposal activities, the bank on the east side of the DMMA will be raised by 2 feet to provide additional storage during large rain events. No other changes to the DMMA are proposed, and all runoff will continue to flow to the DMMA via sheet flow. By providing additional storage within the DMMA, flood risk to nearby properties will be reduced. As volume of the DMMA is reduced by dredge spoils disposal, the volume of runoff reaching the DMMA from the drainage area is reduced. This is due to open water being converted to grass/open space, which will provide more infiltration. Eventually, when the DMMA is fully filled in with dredge spoils, the entire site will be restored to grassed open space and will be graded to drain via sheet flow towards Oceana Boulevard. Based on these considerations, Staff recommends approval of this request with the conditions below. No filling, excavation, or restoration of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies. 2. A fill plan shall be prepared to comply with all Federal, State, and Local agency requirements and shall be on file with the Department of Public Works before any fill activities can begin. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "OCEANA DMWA EXHIBIT 1 FOR CITY OF VIRGINIA BEACH;' prepared by Waterway Surveys & Engineering, Ltd., dated City of Virginia Beach Agenda Item 3 page 4 of 14 November 13, 2024, as exhibited to City Council and on file with the Department of Planning & Community Development. 5. Only inert, non -hazardous, non -toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures such as sweeping regularly, applying water to dusty roads, and/or covering loads on trucks with tarps or mesh shall be implemented to prevent dust from impacting adjacent properties. 7. The maximum number of truck trips generated by the borrow pit shall be [begin strikethrough] 44 thiky tWO (3�4 [end strikethrough] forty (40) per day. A truck trip shall be considered one round trip, in and out of the borrow pit. The applicant shall maintain a daily log of inbound and outbound truck trips which shall be made available to the Department of Planning & Community Development upon request. 8. When the filling of the borrow pit is complete, the site shall be converted to achieve the existing grade of 14 feet to 22 feet NAVD contour. Once the final grades are reached, the area shall be seeded as needed and maintained as a naturally vegetated greenspace, as depicted on the plan entitled "CITY OF VIRGINIA BEACH — DEPARTMENT OF PUBLIC WORKS -OPERATIONS, PROPOSED PLAN VIEW — OCEANA DREDGED MATERIAL MANAGEMENT AREA & HAUL ROAD", prepared by Waterway Surveys & Engineering, Ltd., dated January 13, 2025, as exhibited to City Council and on file with the Department of Planning & Community Development. 9. Typical operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless emergency hours are authorized by the City Manager or his designee. 10. Three monitoring wells shall be installed on the site, and testing shall be conducted to ensure that fill activities on the site do not result in adverse impacts to adjacent properties. 11. A vehicle wash -down station shall be installed at the entrance along Oceana Boulevard and must be used by all haul vehicles and equipment before exiting onto the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Comprehensive Plan recognizes this area as being within the Special Economic Growth (SEGA) Area 1— East Oceana Area. As one of the City's Planning Areas, it encompasses the property generally located on both sides of Bells Road between Oceana Boulevard and Birdneck Road and overlays a portion of the Historic Seatack Community on the west side of Birdneck Road; therefore, sensitivity to the neighborhood context and City of Virginia Beach Agenda Item 3 page 5 of 14 needs of that community are very important considerations in realizing compatible economic development (p. 2-86, Comp Plan Policy Document) The SFA is in a flat, low-lying area in proximity to waterways and wetland areas in the Lynnhaven River system and the Owls Creek watershed. Drainage issues and recurrent flooding, especially associated with new development, have been observed which has, in some cases, negatively impact existing residential areas. (p. 1- 96, Comp Plan Policy Document). Significant buffers to shield the surrounding Seatack neighborhood from possible intrusive impacts is recommended. (p. 2-87, Comp Plan Policy Document): The site is located in the Atlantic Ocean and the Chesapeake Bay watersheds. This site has served as a borrow pit since 1985. After completion of the excavation activities in 2016, the borrow pit has filled in with water and is now a lake. There are no known historic or cultural resources that will be affected by this project. Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Oceana Boulevard 34,860 ADT' 39,700 ADT 1(LOS ° "D") Existing Land Use Z- 0 ADT Proposed Land Use 3- 64 ADT 1 Average Daily Trips 'As defined by a closed borrow pit operation 'As defined by an estimated 32 trucks per day 4LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is from Oceana Boulevard, which is a four -lane minor suburban arterial with a variable right- of-way width. No roadway CIP projects are currently planned for this roadway. Active Transportation Plan The Active Transportation Plan recommends constructing a shared -use path along Oceana Boulevard. Water & Sewer City water and sanitary sewer are not available to the site. City of Virginia Beach Agenda Item 3 page 6 of 14 Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 10, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, March 26, 2025 and April 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 24, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on April 3, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, May 6, 2025 and May 13, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. City of Virginia Beach Agenda Item 3 page 7 of 14 spa:ace. NYd O y1eP� � PARM R~ULt1EY'iT�li GAF 91 05tl MI♦g CL ii d - �v�e�afeoe 1 �■l a{x-N-Is» � z�NyaY v vu1m/ a vrtavCr Pt pc o PM161 ?� LSiAii G (OJ. zN]. •. DLO) --UEFI— I -1 aL■l'Vl.z wA I i [RL-icy16C W.0 Ol 1 g I eam e am iziC-Y[-C'.L N � I y) L 10, Ii,C (/a �� `� • iOT LK�y1K 0*0 ?' 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C$ - M ±� An � e » @ f & q� &� �7® %-C, * 8 § c. \ 0-$ ) ` ■� ~- & 1 &® - - LJ +« / n � a ¥°In � �FIG / m § City of Virginia Beach Agenda Rem 3 page 10 of14 as oe V,.H V YMM.,OYV EWW" „IW.Ut W CCUO WIMODO e - C - z.�,A.e. MMA Mdld O3SOdOdd & ^� m e, e _ - ` & I i71 @ • �" I`� I, I 1 ILNk ING CD w. ) cWWTViou wwwo City of Virginia Beach Agenda Item 3 page 11 of 14 City of Virginia Beach Agenda Item 3 page 12 of 14 City of Virginia Beach Agenda Item 3 page 13 of 14 • 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. City of Virginia Beach Agenda Item 3 page 14 of 14 Virginia Beach Planning Commission April 09, 2025 Public Meeting Item #3 CITY OF VIRGINIA BEACH Recommendation: RECOMMENDED FOR DENIAL Discussion Ms. Cuellar: Thank you, Mr. Bourdon. Thank you, commissioners, and thank you again, Attorney Eisenberg for the clarification. Next agenda item? Clerk: Item #3, City of Virginia Beach. Ms. Cuellar: Hello. Welcome. Mr. White: Hello, good afternoon, Madam Commissioner and members of the commission. My name is James White. I'm with Public Works Engineering. I'm the Acting Coastal Administrator for Public Works Engineering office here today to speak on the conditional use permit modification request for the 19.5-acre parcel that the city purchased that contains a borrow pit, we purchased back in 2017. The property is zoned for light industrial, along with being recognized in the comprehensive plan as being within the special economic growth area of East Oceana. The purpose of the agreed purpose of purchasing the site was to, is to be able to fill in the previous borrow pit, for utilizing where the film material will be dredged in material from a public works capital improvement program projects, dredging projects specifically for purposes of navigation, and then of course, storm water facilities like lakes and canals similar. We identified the site, we're identifying the site as the Oceana Dredge Material Management Area, I'm going to shorten that to DMMA. On speaking on that, is the capacity, the surveyed capacity of the previous borrow site is around 600,000 cubic yards. This is sufficient capacity based on identifying or itemizing, near and future projects that we, that are planned so, and so all planned dredging projects, prior to even when we start a project for dredging, will be required to be tested for contaminants of concern and in order to have to be disposed within the Oceana DMMA. The testing will include level testing level of the materials of polychlorinated by phenols, petroleum and levels of metal. The results of the contaminant tests are to be in compliance with all applicable laws and regulations. Then of course, construction debris, garbage yard waste, will not be allowed within the material to be placed into bars, into the fill site. We have from previous times of being up here on, on Monday, we will be installing three monitoring wells on the site, and were going to initiate the monitoring for stormwater and groundwater infiltration within the site to set is a baseline and so, with that, basically, the projects that we were planning over the next 10 years, the overall capacity, the dredge volume that will be placed will be approximately 550,000 cubic yards, and remember, that's not all in one. That will be over about the next 10 years. Some projects might be almost a hundred thousand cubic yards. Others might be as small as 5,000 cubic yards or so. To reiterate, the borrow pit is not a stormwater facility. It does not, it is not identified or utilized retention or detention basin, where it does not have a receiving, outfall or, or an inlet or a discharge outfall. It does receive rainwater and then of course groundwater. The idea with us being able to use this x borrow pit is we're in initial returning the site over time. It's going to be over time but returning it site to its previous condition of when it was an agricultural field, topography will be similar. So, with that, in order for the city to continue our mission of maintaining safe navigation and of course stormwater storage capacity for all the residents within the City of Virginia Beach, it is critical that the proposed Oceana site become operational. Thank you very much. Ms. Cuellar: Thank you very much. Are there any questions for the applicant? Commissioner Alcaraz? Mr. Alcaraz: I know we have some speakers and just a couple things that might be, that might be asked, but you said you're gonna do the monitoring of the, I guess the infiltration of the water. But what happens to the water that's there now when it's filled? Where does that go? Mr. White: Well, that will be, again, we're not dumping the material in all at once. As it goes in the area goes back to its natural state. So as we fill in, groundwater does its own levelling inside the surface, water will more than likely evaporate. We will have an embankment to maintain that water, but there's sheet flow that goes to it, and as we fill, we're gonna return to have the sheet flow naturally just go back out to Oceana Boulevard. So although when you see it, yes, it looks, it's a lake, it looks like a lake and everything like that, but that's, a lot of that is maintained by groundwater, and any surface water that's sitting there. As, it's slowly filled, any of that water that would've either sat in there will eventually just kind of, will basically drain off overtime. Mr. Alcaraz: I understand that. On the sheet flow, on the east side, I saw you had an elevation of 24? Mr. White: Yes. Mr. Alcaraz: But on the east side, it's 14. Is it gonna sheet flow? Mr. White: No, we're building an embankment prior to even starting of any form of disposal of dredged material. We will construct an embankment, consistent around the perimeter of around 22 feet. So that as we're filling and as we fill over time, we want to make sure we're filling to guide as it becomes more of just rainfall runoff, that the rainfall runoff will go back to its natural state of draining out towards Oceana Boulevard. Mr. Alcaraz: I understand it's a city property. So, is there a plan that's submitted to show this, or the neighbors can see what's going on? Or is it just, do you just go ahead and just start doing the embankment? Mr. White: Well, we've been working with, we had submitted plans showing, you know, what the area that is to be, you know, is to be filled and how we're, you know, what the plan is over time. But if we're saying, we still will go into submitting plans to, I guess for DSC for approval? Mr. Alcaraz: For stormwater management? Mr. White: Oh, yes, sir. Absolutely. I'm sorry. Mr. Alcaraz: Alright. That's all I have. Thank you. Ms. Cuellar: Thank you very much. Commissioner Mauch and then Commissioner Cromwell? Mr. Mauch: Thank you. Thank you for the presentation. So how large is the actual water feature? The lake? Mr. White: Well, the total site is 16 acres. I think the surface area is gonna be slightly less, around, I think around 8.5 acres when you're looking at surface area, the surface area itself. Mr. Mauch: Okay. Then what's the depth of it? Mr. White: Maximum depth I think is around 20 feet at one point. You know, it's sort of is like a bowl. Mr. Mauch: So average would be a little less? Mr. White: Yes, sir. Mr. Mauch: Okay. I'm just trying to figure out where you got the 600,000 cubic yards? Mr. White: That's our folks with surface area models, you know, they'll do a transect survey across the property and identify from gray down to depth. Then they have the ability to determine out of what would be to an elevation of around, I think plus 14 or so. If we filled the 14 based on the surface area and then the graded depths that it'll be right around 600,000 cubic cards. Mr. Mauch: Okay. I'm sure there's a variance on the numbers, whether it's high or low, but I mean, that came to a significantly higher number than what I had measured at a 15 feet acre. I mean, 15 acres at a 15-foot average depth, which is right around 362. Now, that doesn't take into account elevating it up. But with that being said, 600,000 cubic yards and you wanted to fill in about 550 over 10 years at 40 trips per day. I'm just, I was just trying to make sure that, that our math was kind of in the same spot. Then has the city asked for this to be open back up in the past? Mr. White: Yes, I mean, since purchase, you know, the city purchased it in March of 2017 with the understanding that yeah, this is a site that is going to be used for placement of dredge material in support of the lake projects and our navigation dredging. Mr. Mauch: Right. Has this gone before this body or council previous to this? Mr. White: Yes, sir. Twice. Mr. Mauch: Twice. What were the reasons that it, well, obviously hasn't gone through yet? Mr. White: No, first time, both times was mostly, what we're doing now, it's finally the monitoring wells. Each time we were like, yes, we will plan to do that. Even when we were here in February, we were still in that planning process, but the intent was to include the monitoring wells for infiltration of water, through the groundwater aquifers. I think that was, back in 2018, it was recommended for approval. However, there were some conditions actually when it got to council, again, associated with monitoring the groundwater at the site. Mr. Mauch: Okay. So, both times that it's gone in front of the governing body, it's been denied? Mr. White: No, only one, it was only the one time. Mr. Mauch: Okay. Alright. That'll be all the questions I have for right now. Mr. White: Yes. Thank you. Ms. Cuellar: Commissioner Cromwell? Mr. Cromwell: What bodies of water is the city responsible for as far as dredging? Where will the material come from? Mr. White: Predominantly it's for neighbor the navigation dredging that is the Lynnhaven River Basin. So, for the eastern branch of the Lynnhaven River and the western branch of the Lynnhaven River for future, just navigable channel dredging. Then in support of our neighborhood dredging programs, which again, are predominantly in the Lynnhaven River Basin. So, for this particular site with the capacity that has in for, and when we kind of outlook for the next 10 years, that is the focused location, and that's for the neighborhood dredging via the lake dredging and canals would be, kind of throughout the city. Mr. Cromwell: How about Bow Creek, the existing stormwater project? Mr. White: Not in terms of, I'm not following in terms of any type of fill or removal. Mr. Cromwell: Well, the dunnage from the construction of the stormwater project. Mr. White: That project, I would have to confirm that, if it's ongoing or whether it's going to Whitehurst pit, to start, or, we'd have to identify where that would be going. If it's not underway, I'd have to get back on that question. Mr. Cromwell: Thank you. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I did have one more additional question. The transcript from last meeting, you were asked if there was going to be a wash station, and, the answer was, I'd like, yes, we want to try, we want to make, we want to have included a wash station, but in the conditions, I don't see any wash station. Mr. White: We will have a wash station, that can be included in the conditions. Mr. Mauch: Okay. Ms. Cuellar: Any further questions at this time? Thank you very much. I do believe Madam Clerk, we have some speakers. Is that correct? Clerk: We have five speakers signed up. Ms. Cuellar: Okay. Sir, you'll have an opportunity to come back after the speakers. Mr. White: Alright. Thank you. Ms. Cuellar: Thank you. Clerk: Our first speaker is Rebecca Francese. Ms. Cuellar: Welcome. Ms. Francese: Hi, I'm Rebecca Francese with Waterway Surveys. I was actually planning on speaking in the rebuttal in support of the city project, but if it's okay, I can answer a few of the questions, that were brought up, especially with the yardage. Is that okay, or am I on a time limit? I'm not sure how we run this part? Ms. Cuellar: So, were you also going to speak during the rebuttal? Was that your plan? Ms. Francese: I was going to answer questions and speak during the rebuttal, so I can do it at that time if that's appropriate. Ms. Cuellar: That would be great. We have some speakers who have signed up. Thank you very much. Clerk: Our next speaker is Buddy Lily, followed by Everett Brown. Ms. Cuellar: Hello, Mr. Lily. Mr. Lily: How you doing? Buddy Lily, I'm the neighbor of that pit. I used to own it. I've been here before. I'll give you a quick rehash of what happened before. City took this property from me under the threat of eminent domain. On my last meeting here, I dropped off a copy of my conditional permit, which stated the city would only take the property for the southeastern highway. Before I was even paid, the city let us know they were going to fill it with dirt or trash or whatever. They were going to turn it into a dump. I tried to back out of the deal, I got nowhere. Number 14 and number 13, item on that permit stated that pit would remain, it was gonna remain there for stormwater management. The city was adamant, I would not get a permit unless I did that. I did my part with the city. I agreed, I lived up to my promises. Soon as they took command, they wanted to turn it into a dump. Now, do you want a dump in your front yard? Do you wanna wonder if your water is gonna be clean? Previously, if everybody has said yes, we're gonna have clean water. It's not gonna be contaminated, you can put me downright quick. All you've gotta say is, yes, we'll guarantee you clean water and you can't do that. Previous meeting, they said they had no problem at the other pit north of us. Did they ever put any wells in? Was it ever checked? Was it ever monitored? They said it was moderate. So all truckloads coming in here are monitored. Pardon me, last weekend that the gate was open and there were truck's coming and going. Is that gonna be the same thing with this pit? Is it going to be a half? I don't want to use any nonpolitical language. I don't mean to be funny because this is not a funny matter. That lake is beautiful. Can you pull the picture up again? Is that possible? Alright, look at that lake. It's green, it's clean, it's pristine. You can see the water. Can you move the picture north? I don't know if to Whitehurst pit. I would ask anyone here to go on and Google and look at that pit and see what it looks like. It's eyesore from the air. I mean, it just, I don't want to see this beautiful lake turn to that. I don't want to have to worry about my drinking water and most important, that lake takes in more water than, and I mean, no disrespect than engineers realized during the last bad rain, which was four or five years ago when my good neighbors in the back were flooded, I took in 20 to 24 inches of water. Ms. Cuellar: Mr. Lily, thank you so much. Your time is stopped, but if you just pause for a moment in case the commissioner might have a question for you based on what you said. Mr. Lily: Thank you very much for your time. Any questions? Ms. Cuellar: No. Just stay. Mr. Plumlee: Mr. Lily, was there anything else you wanted to add if you had a chance to say? Mr. Lily: No, sir. I'm just trying to save a beautiful piece of lake. That's a beautiful clean water. Is there any lake that the city doesn't want fill? Ms. Cuellar: Commissioner Alcaraz? Mr. Alcaraz: Mr. Lily, the city said that there was going to be a monitoring system for the wells. Do you have any comments on that? Mr. Lily: My water is checked by the government. There was a contamination several years ago, of which we never could get the full info on what it was about. But Oceana sent an engineer and officer over and assured us our water would be checked every year by a company in North Carolina. I'm sorry, I didn't bring that information with me. I'm not worried about Oceana. Master chief was stationed over there. I spent all my, most of my career in air operations. They have a good hazmat catch basin system in Oceana. Thank you, ma'am. I'm not worried about Oceana, the city I worry about. Ms. Cuellar: Thank you very much Mr. Lily. Mr. Alcaraz, another question. Commissioner Mauch. Mr. Mauch: Thank you for your time today. In the original conditions when you were not allowed to fill in the pit, was there a reason that you were conditioned to not fill the pit in? Mr. Lily: I'm sorry, sir? Mr. Mauch: The original conditions of when you had, when you owned and operated it, there was a condition that you had stated that said that you could not fill in the pit? Mr. Lily: They wanted to keep the pit for, I'll use the term storm water management, and then it was there that, to get the permit, I had to agree not to fill it, which goes back, if I had gone back on my word, city would've put me under the jail. Mr. Mauch: Then maybe for staff, do we know why that condition was put in? I know that was a few years ago, and I don't know if anybody knows why it was put in, but it would be nice to know why? Ms. Bookholt: I don't have that specific information in front of me. What their reclamation plan looked like initially. Perhaps the applicant can speak to it and their research of the pit and filling the pit. Mr. Mauch: Okay. Thank you. Mr. Lily: Anything else? Ms. Cuellar: Thank you very much, Mr. Lily. Clerk: Our next speaker is Everett Brown, followed by Sean Forsyth. Ms. Cuellar: Welcome. Mr. Brown: Thank you very much, Madam Chairman and commissioners, I appreciate the opportunity to stand here and speak and talk about this kind of ongoing issue. Ms. Cuellar: If you could please state your name for the record? Mr. Brown: I'm sorry. Everett Brown. Ms. Cuellar: Thank you, Mr. Brown. Mr. Brown: So, as y'all know this has been an ongoing issue. We really do not want to see this lake, and I call it a lake, the city, I noticed they like to use this term borrow pit, but at what point does it go from becoming, what was formerly a borrow pit into a lake, which is what I consider it now. It's a complete ecosystem. It has animals that live in it. There are eagles that live in the area. They're fishing in the lake. They're osprey that lives right there off of Bells Road. We have wildlife biologists that are monitoring that area, that are looking at this in environmental ecosystem, and it's important to the area. The city has filled the Whitehurst Lake, which once was also pristine, which, Mr. Lilly pointed out, if you go to Google Earth, I've flown over it in a helicopter. It's disgusting to look at. This is what's proposed to be put next to Mr. Lilly's home. I've known him my whole life. He's a fine man. He's a good man. He's lived on that property his whole life. His father ran a dairy farm there, and he's a Vietnam veteran. He is a person that, we owe, our gratitude to because he served his country, he did for us. What not everyone does. I have a plethora of respect for him. The environmental concerns are overwhelming. They talk about monitoring the well, well, when we monitor a well and it's contaminated, there's no un- contaminating it, it's not reversible. Once our aquifer, which is fed into that lake, there's an aquifer there that feeds the lake. Once it's contaminated, there's no un-contaminating it, and there is a huge risk there. Then there is large number of contaminants that are typically associated with dredging projects like the PCBs, the oils and greases, and there are a ton, and I'm curious as to whether we're monitoring for everything that actually is in this sort of waste. To put this next to an area that already has, is highly impacted Oceana Naval Air Station. You've already got noise pollution. You've got traffic. The neighborhood Seatack, your community, has been highly impacted by mixed industrial uses. Now my neighborhood right there on Bells Road, has flooding because we cannot seem to fix the flooding once widen Bird Neck Road. Ms. Cuellar: Mr. Brown, if you maybe have one more statement, you'd like to make sure I'll give you that opportunity. Mr. Brown: Yeah. Well, I guess I want to, I'll stop there, but, I would like to leave y'all with a thought. Ms. Cuellar: Okay. Hold on. Someone might have a question. Mr. Brown: I just want to leave you with this one last thing, if I may. It's found that Mark 1231, it says, "thou shall love thy neighbor as thyself." There is no other greater commandment than these. As the city moves forward, your neighbor is Mr. Lily and it's me. It's all the people in the Seatack community. You wouldn't want this next to your home. I don't want it next to mine, and I certainly do not want it next to Mr. Lily's. Ms. Cuellar: Thank you, Mr. Brown. If you just pause for a moment in case the commissioners have a question. You may be seated. Thank you very much. Clerk: Our next speaker is Sean Forsyth, followed by our last speaker, Tony Howa. Ms. Cuellar: Good afternoon. Mr. Forsyth: Good afternoon. Thank you for having me. I'm Sean Forsyth. I'm the property owner on Bird Neck Road. I bought 17 acres 27 years ago from Mr. Lily. I developed it into a mini storage, 120,000 square feet right beside the old golf course facility. It's now GTS. Then I have a business park in the middle. I sold four acres of Mr. Howard's family. So, I'm ground zero. I am, I'm it. I've survived four floods in 27 years there. One biblical five years ago, it was up to my knees. I've sent emails to some of the councilmen here to see it. It doesn't make it rocket science; I just figure out you got 24 feet here, 14 feet here, and about a half a mile spread. That's a 10-foot delta. That water comes to me. I don't know about the engineering; says they're sheeting back to Oceana. That doesn't happen. Buddy was fortunate or was kind enough to build a berm after the last flood that kept some of it, because that is, regardless of what the engineers or attorneys say, that is catch basin. It acts as one, even though it has an inlet or outlet, it holds a lot of water. It keeps that off of all the residents at Seatack, Bird Neck Road. Four times, it has been up to my knees. I hope they corrected it whenever they built GTS. Because the city for 20 years had promised me, they'd correct my stormwater problems. That's the biggest thing I see. I've seen cars floating down Bird Neck Road, Bells Road. They're floating because, it's so. I know the city's working. We all know we got to stormwater problem here. Don't exacerbate it by filling in what we have now until you get it right, please. Because I've lived through it for a long, long time. I'm a little worried about the contamination too. I own all the car washes on Navy bases and Oceana and that one on Little Creek, Northview, all these, and we have to pump those reclaim tanks. They're heavy metals, they're hydrocarbons, they're all the things that you get off of roads and everything else. I'm not a not in my backyard type person. I'm for the team. I really am. I help the city acquire properties on there during the road widening from all my neighbors. So, I'm a team player in that. But the water goes downhill. You're not going to stop that until somebody figures out a way to the excess to handle that because it, it's an existential threat to all of us that live on the west side Bird Neck Road from Oceana. It's 10 feet and it rolls downhill. There's no stopping it. We don't want to see that contaminated, I mean and create more of a problem until we solve some other problems with our storm water. So, that's my concern, is us being flooded. I paid out over a hundred thousand dollars out of my pocket in claims from that last flood just because I didn't have to as obligated to, but I felt so bad that it happened. The city, to their credit, gave me a stormwater abatement for about five years. So that was nice of them, but we could have prevented it rather than trying to, you know, trying to mitigate it. So that, that's my position. Ms. Cuellar: Thank you very much for being here today. Lemme see if there's any commissioners who have a question. Any questions? Mr. Alcaraz? Mr. Alcaraz: Yeah. Mr. Forsyth. So, you have a BMP on site now? Mr. Forsyth: I've got a huge one that's right behind. I don't know if you can see on the map. Just east of the lake there, there's a little roadway that separates us that, that his lake fills all the time and it spills over into my BMPs and then my BMPs go down to Bird Neck Road around, go cat cornered to the GTS property, the ex -golf course, and go into Central Lake there. That's only been since the expand or the Bird Neck Road, improvement so, but yeah, I do, I've got two, and, Mr. Howa has one behind this, probably the one I sold that they're connected also. There's a lot of water storage there, but it doesn't help if we get tons of it from his lake, his 16-acre lake. I believe it's almost 20 acres in size with about 16 of it being lake, I think. But that's a lot of storage capacity whenever you have these events that we seem to have a hundred -year flood event every five years now. So, I'm serious. Ms. Cuellar: Thank you Mr. Forsyth. Any other questions? Thank you very much. Mr. Forsyth: Okay. Thank you. Thank you for your time and consideration. Clerk: Our last and final speaker is Tony Howa. Ms. Cuellar: Welcome. If you could please state your name for the record? Ms. Howa: I don't really have much to add. Most of it's already been said, but the BMP ponds that were just discussed when we developed the property, we were required by the city to put those BUT ponds in and being 10- or 14-foot downhill from this lake, we're concerned about having the lake filled. Ms. Cuellar: Commissioner Alcaraz? Mr. Alcaraz: Mr. Howa, your BMP is on your side, they're not joined together with Mr. Forsyth. Mr. Forsyth: They are joined together. They are joined with a pipe underneath the road going between them. It's a joint underneath. Mr. Alcaraz: It's a joint effort to handle your water and send it on wherever it's gotta go. Mr. Forsyth: Exactly. Mr. Alcaraz: Okay. Alright. Thank you. Ms. Cuellar: Any other questions? Thank you very much. Madam Clerk, just to confirm, that was our last speaker. Clerk: That was our last speaker, yes. Ms. Cuellar: Thank you. I'd like to now to ask the applicant to come back up. Ms. Francese: Good afternoon. Rebecca Francese with Waterway Surveys and Engineering. I'll try to touch on what I can within my rebuttal time and then I'll be available for questions. When we started this years ago, we only found evidence of one drinking water well published with the Department of Health, and that was to the north. So there were no other registered drinking water wells in this area. What I wanna mention is, and, and I'm gonna change a little bit of what Mr. White said because when we start talking about depths, we're usually referring to elevations. But when we look at the depth of the pit, it's really more like 30 feet below ground level, not 10 feet below ground level. It's to minus 10 feet, NAVD. The surface elevations are around 22 to 24 feet deep. So that's part of the, the discrepancy there. But the bottom of the pit is about 20, like I said, 25 to 35, below the ground level. In this area, we have three layers, geologic layers. The first layer is the Columbia, and that's the surface water aquifer, based on well records that only goes down to about 22 to maybe 30 feet below the existing ground, surface level. That is not a drinking water aquifer that's used for watering lawns and possibly filling pools. Below that from the actual geologic records from the Braithwaite well, we have a layer, called the Yorktown confining layer that's made of clays and interspersed sands. It's fairly impermeable, not completely impermeable, but, but fairly impermeable, and that goes down to 145 feet below the surface level. So that's 110 feet deeper than the bottom of the existing pit and groundwater spreads out in the transmissivity downward is low. The drinking water wells here should not be any less than 145 feet. As a matter of fact, the Braithwaite is screened, starting at 150 feet. The Yorktown Aquifer is used for drinking water, and once again, we're 110 feet above that with clays, but still, we believe that we should be good neighbors, and monitor that. Since we don't have any records, we don't know what the Navy or whoever has monitored for, and we'd be happy to include that into our monitoring program. However, it's highly unlikely that it will go down to that level, but we will be monitoring it. When we talk about the natural aquatic environment, this is not a natural aquatic environment. It may support aquatic habitat, but it was a farm field. Only about 20 to 25 years ago, this was a farm filled, and it was mine specifically for the sand in that confining layer. We are returning it back to its natural state, but time is up. Ms. Cuellar: We will likely have some more questions, right. Then you can make sure that all of your points are answered as well. Commissioner Mauch, and then Commissioner Cromwell? Mr. Mauch: If you wouldn't mind, Madam Chair, I'd like for her to just kind of continue and, address any of the issues that were brought up. Ms. Francese: We'd also had been requested, as to where our dredge material was coming from. We did provide that list, what had been planned, because it is a very planned program. We aren't just dumping material in there willy-nilly. We have planned projects through both public works and public works operations, and that's how we do it. We do, once again, monitor every bit of material in situ that goes into that, and contaminated material is not allowed in that. So, once again, I'll address Whitehurst DMMA. While it is not a beautiful site, there's no question about that, but it is screened. You might see it from overhead, but you don't see it from the roadway. We did water quality monitoring for DEQ for 15 years. We had never had any violations in the water quality, not in clarity, and then more recently, we did some groundwater testing, and there were no traces of metals in the water or, or anything like that, that were above action levels. Most of them were, I believe, non -detects. So, the city has been good stewards here, and we have been very fortunate to have a place to dispose of dredge material and allow that for the rest of the citizens storm water. I will address, when we first we hired another firm, an independent firm, to do the stormwater analysis here. We did not come up with any complaints specific to, what we call the Oceana DMMA or the pit, causing stormwater issues. I'm not saying that it didn't, but it was not registered in the city system for us to evaluate. What we did look at, and when we talk about filling the pit, what's important is the surface area of the pit right now is impervious. So yes, when water hits on it, it spreads out, or it raises. Once we return that and fill it and it becomes a ground, or a regular soil situation again, the water infiltrates, it doesn't run off as fast. It will still run off. I'm not, I'm not going to say that. We're not implying that right now that storm water goes to Oceana. It absolutely does not. What we're proposing is that as we fill it, we will be working to the final grading to grade it towards Oceana, and away from the eastern properties. The stormwater analysis was for a 100-year store event over a 24-hour period, which was about 11.3 to 11.5 inches of rain, once again over that 24-hour period. We showed that it would not currently hold that. However, if we built the berm about 2 to 4 feet along that eastern section, it would hold the contents of that storm. That's what we are proposing. Ms. Cuellar: Thank you very much. Commissioner Cromwell? Mr. Cromwell: In regard to your wells, are they going to be in both strata in the Columbia and the Yorktown? Ms. Francese: No. We're not going to go, we're not going to go all the way down to Yorktown. First off, you don't want to owe up conduits, if you don't need them. But what we will be doing is the bottom of the wells will be going below and into that confined layer, to make sure that nothing is going through there. Mr. Cromwell: So basically, you're going to go totally through the Columbia. Ms. Francese: Correct. Mr. Cromwell: Until you get to the top of the Yorktown. Ms. Francese: Yeah, we'll go into the confining layer, as well, yeah. Mr. Cromwell: How far down into the Yorktown will you go? Ms. Francese: Into the confining layer only about 5 to 10 feet. Mr. Cromwell: Five to 10 feet, because it becomes impermeable at that point in time. Ms. Francese: It is impermeable, and if you have groundwater flow, it's going to go more lateral, so it will go to those wells, as opposed to going down. Mr. Cromwell: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: Could you speak to the interconnect to the neighbors BMP? Ms. Francese: Well, right now there are no, connections. It is a hole in the ground. So, there are no inlets or outlets. So, any flow from there would be overland. That's why we are talking about, we do have that low, they're absolutely correct. The highest area of about 24 feet is say closer to Oceana, and there is a 10-foot drop going down towards, their property or to the east. That's why we feel that a berm is necessary, even though we have not had any records so far of water flowing out from there. Not saying it didn't happen, we just, when we looked through the city record complaints, we did not find any. Mr. Camp: Perhaps I was inartful in my question. I thought that I heard that there was a conduit, a pipe to the adjoining properties, BMP, perhaps I misheard? Ms. Francese: Not from ours. There's absolutely no connection to any other stormwater facility. It is a hole in the wall, I mean, a hole in the ground. Mr. Camp: Thank you. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: Couple of questions. So, if there is a load that we find that there's contaminants in it, what happens to that load? Where does that end up going? Ms. Francese: Okay. I think, that's a good question. As I said, we, monitor it. If we have, and it's mostly petroleum. We have not found any PCBs, any, what we call T-clip metals, any metal leachate coming out we do volatiles as well. It's been mostly petroleum in the heavier, like almost oil petroleum. We have not found it, above clean fill limits in very many of these. We have one area that, we can take it to that's been lined and basically you, you throw fertilizer on it until it gets clean. Then we have two other facilities, or in this area, we have one other facility at Dominion Recycling in Chesapeake, and they have a line pit that they put it in and treat it. Mr. Mauch: Okay, thank you. Ms. Francese: I will say those can be FOIA, if you need them. We keep our records from the laboratories for every single project that goes in there. Mr. Mauch: Do you know the reason in the original conditions for the original owner to not have the ability to fill the pit in? Ms. Francese: This is what I surmised, I read, a very lengthy statement from the Virginia Beach legal team when there were disputes. In the documents, it does say it was be used for storm water management. My yes is this, is as long as I've been involved with the project, and I was involved, when we first did the original CUP request was that it was always to be used for disposal of dredge material. At that time, it was slated from the storm water facilities. and therefore, we probably did not want it filled in since we needed to use the capacity of that pit. That's what I surmised from what I read. Mr. Mauch: Okay. Then when the farmland was turned into a borrow pit, the material for this borrow pit was valuable. I would imagine that it would sand coming out of Punga Ridge, and that is a very, that's a soil that compound that drains extremely well. The dredging material that's going to go back in it, will it be comparable to? Ms. Francese: Probably not in all honesty. It probably will have more silts, mostly silts and some sands, but it will not be a pure sand like what is out there now. Mr. Mauch: Okay. Will that cause any other infiltration issues where a cheat flows a little bit further off before it actually hits the good soil? Ms. Francese: Yeah, my understanding is, and I didn't do the storm water analysis, is that that was or should have been, I should say it should have been taken into consideration. They did use other soils in the area that would not be particularly sand when they did the modelling. However, it's not going to be as good as sand, there's no question about that, but when you look at rain on top of water, water is impervious. So, anything we put in there would be less pervious or less impervious than that. Mr. Mauch: Okay. Then is the pit at right now, is it at ground? Is it bermed up over the sides or how much? How much appearance till the water? Ms. Francese: I'm sorry, it's bermed up along the majority of it except that eastern side, and that does need to be addressed and would be addressed before we started filling it. I did want to address; I know the question also came up about the water levels. If we were doing this hydraulically, we'd be pumping a whole lot of water in there with the material, and then that would be, that would be unacceptable. This is mechanical, and remember, we're only looking at the most, at the very most 40 truckloads a day. So maybe 40 or a couple 100 yards of actual dredge material, some days there will be none, but if we compare it to Lake Whitehurst or the Whitehurst DMMA, that groundwater level or that level in the lake has stayed right around 3-foot NAVD for the past 15 years. So even though we're filling it, it goes to a static level because remember, it's so associated with the Columbia aquifer, which is your water table aquifer. So that water table isn't only associated right at that spot, it's associated over the area. So that's where you get your recharge, and it will change slightly with rain and with evaporation. But typically that static level has been right around 14 feet NAVD. Ms. Cuellar: Thank you very much. Are there any additional questions for our speaker? Thank you very much. At this time, I'd like to open up the floor for discussion or to entertain a motion. Mr. Mauch: I think one of my bigger concerns that I have is, is with the material that's going to go back in, and it not being obviously of the same makeup and, and therefore, not have the same ability to soak it back in. I do have an issue with it not being, not having the ability to soak, I mean, to fill the pit back in with the original conditions that were imposed on the pit when it was originally formed. Then, you know, we, as the city take it and then decide that we can fill it back in. A lots changed in that amount of time. So, I just have a little discomfort level on actually saying yes. So, I'd like to hear other people's comments because, I don't know if I'm there yet. Ms. Cuellar: Commissioner Alcaraz. Mr. Alcaraz: So, I appreciate the presentation, the city and also the concerns with the neighbors. I'm stuck too because, I mean, the elevation has been this way for some time. I just heard that they're going to fix it as soon as they get the approval, but I think it should be fixed now. I think as she stated that we should be good stewards with our neighbors, and storm water and that berm should go up, you know, as soon as possible because it's a neighboring property that's having problems, and hopefully it's not from this property. Because then, we'd be, you know, kind of circumventing our own policies for storm water. The monitoring wells, I appreciate that. I'm still not understanding that how we can stay on top of that. I just need more assurance that can happen and for the neighbors. So, those two factors are kind of, I'm not decided yet, so just wanted to voice that. Ms. Cuellar: Thank you very much. So, are we at a point where we potentially would be entertaining a motion? Mr. Mauch: I would like to make a motion, and it's kinda one of those things, I just don't feel comfortable enough, and confident enough in the ability to approve it at the moment. Maybe taking some of George's recommendations about being a good steward first, making sure that it's working properly. So, I will move to deny. Ms. Cuellar: Is there a second? Mr. Alcaraz: Second? Ms. Cuellar: Discussion. Ms. Byler: So, I'm not the engineer on the group. So, I've listened to everything. I'm very concerned about this. I'm very concerned in part because of the problems we all know we have with resiliency and rising water and water control. Just because it doesn't impact a lot of neighbors doesn't mean it isn't a significant impact for some. I'm not sure what the harm of leaving it the way it is, but I guess the city needs a place to dump. I just don't know that this is the right place. So, I'm not comfortable supporting it, and I will vote in Favor of the motion to deny at this time. Ms. Cuellar: Thank you, Commissioner Byler. So, we have a motion on the floor to deny this application by Commissioner Mauch. We have a second by Commissioner Alcaraz. Are there any commissioners abstaining on this agenda item? Mr. Plumlee: I'm abstaining, and I abstained at the last proceeding and double-checked and reread everything, and I'm still going to abstain for the reasons set forth in the letter with the City Attorney's office. Ms. Cuellar: Thank you very much, Commissioner Plumlee. Any further discussion? Clerk: The vote is open. By a recorded vote of 9 to 0 with one abstention from Commissioner Plumlee, Item #3, City of Virginia Beach has been recommended for denial. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. No filling, excavation, or restoration of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies. 2. A fill plan shall be prepared to comply with all Federal, State, and Local agency requirements and shall be on file with the Department of Public Works before any fill activities can begin. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "OCEANA DMWA EXHIBIT 1 FOR CITY OF VIRGINIA BEACH," prepared by Waterway Surveys & Engineering, Ltd., dated November 13, 2024, as exhibited to City Council and on file with the Department of Planning & Community Development. 5. Only inert, non -hazardous, non -toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures such as sweeping regularly, applying water to dusty roads, and/or covering loads on trucks with tarps or mesh shall be implemented to prevent dust from impacting adjacent properties 7. The maximum number of truck trips generated by the borrow pit shall be forty (401 per day. A truck trip shall be considered one round trip, in and out of the borrow pit. The applicant shall maintain a daily log of inbound and outbound truck trips which shall be made available to the Department of Planning & Community Development upon request. 8. When the filling of the borrow pit is complete, the site shall be converted to achieve the existing grade of 14 feet to 22 feet NAVD contour. Once the final grades are reached, the area shall be seeded as needed and maintained as a naturally vegetated greenspace, as depicted on the plan entitled "CITY OF VIRGINIA BEACH — DEPARTMENT OF PUBLIC WORKS -OPERATIONS, PROPOSED PLAN VIEW — OCEANA DREDGED MATERIAL MANAGEMENT AREA & HAUL ROAD", prepared by Waterway Surveys & Engineering, Ltd., dated January 13, 2025, as exhibited to City Council and on file with the Department of Planning & Community Development. 9. Typical operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless emergency hours are authorized by the City Manager or his designee. 10. Three monitoring wells shall be installed on the site, and testing shall be conducted to ensure that fill activities on the site do not result in adverse impacts to adjacent properties. 11. A vehicle wash -down station shall be installed at the entrance along Oceana Boulevard and must be used by all haul vehicles and equipment before exiting onto the public right- of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. v nue inst% ' RT3 ® Site Property Polygons Zoning = Building 101 Ift FWM Residential Rental Properties LLC 310 & 312 Winston Salem Avenue, 4 parcels directly south of 310 & 312 Winston Salem Avenue Feet 0 2040 80 120 160 200 240 I �cs �~tii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FWM RESIDENTIAL RENTAL PROPERTIES, LLC [Applicant] FWM RESIDENTIAL RENTAL PROPERTIES, LLC & CITY OF VIRGINIA BEACH [Property Owners] Conditional Rezoning (R-5S Residential Single -Family to Conditional RT-3 Resort Tourist) and Modification of Conditions to a Conditional Use Permit for the property located at 310 & 312 Winston Salem Avenue, 4 parcels directly south of 310 & 312 Winston Salem Avenue (GPINs 2427129328, 2427128357, 2427129200, 2427129270, 2427129038 & 2427129190). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: June 17, 2025 ■ Background: The applicant seeks to conditionally rezone 2 city -owned water parcels from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District. Additionally, the applicant is requesting a Modification of Conditions to incorporate those same parcels into the boundary of a Conditional Use Permit for a Commercial Marina granted for the adjacent parcels in January 2025. On May 20, 2025, the City Council declared the two city -owned parcels to be in excess of the city's needs and authorized the City Manager to proceed with the sale of the parcels to the applicant, FWM Residential Rental Properties, LLC. The proposed improvements include a new fixed pier, gangway, floating pier, and ten reconfigured boat slips, none of which will be visible from the street. ■ Considerations: Staff finds the requests for a Conditional Rezoning and Modification of Conditions to be consistent with the zoning and development pattern of the surrounding area. Except for the subject parcels, all parcels along the south side of Winston Salem Avenue within this block are currently zoned Resort Tourist District. Additionally, the site has operated as a Commercial Marina without a Conditional Use Permit for nearly 30 years and this request will allow the site to come into compliance with the Zoning Ordinance. The proposed removal and replacement of the existing pier and 8 boat slips with a new pier and 10 reconfigured boat slips will not significantly change the intensity of the use or the character of the site. The site is located in the 70-75 d6 DNL noise zone and was considered by the Joint Navy -City Review Process (JRP) Group. With the proffer limiting the residential density to the 3 units that presently exist, the JRP group deemed the request to be in compliance with Article 18 of the Zoning Ordinance. FWM Residential Rental Properties, LLC Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: The item will be considered by the Planning Commission at their formal hearing on June 11, 2025. Conditional Rezoning Proffer 1 The number of residential dwelling units on the Property shall not exceed the number of residential units existing on the Property on the Effective Date of this Agreement Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. Modification of Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025 shall be voided and replaced with the following conditions below. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS (PIERS & PILES) ON "PARCEL 4" (GPIN:2427-12-9123), "PARCEL 2" (GPIN:2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C (DB 2600, PG 1651)", prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. FWM Residential Rental Properties, LLC Page 3 of 3 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. 8. A final subdivision plat shall be submitted for review, approval and recordation to vacate the existing internal property lines at 310 and 312 Winston Salem Avenue. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission to consider the item at their June 11 th hearing. I,-- Submitting Department/Agency: Planning Department C4 �-f City Manager:/V Project Details Requests Conditional Rezoning (R-5S Residential Single - Family District to RT-3 Resort Tourist District) Modification of Conditions (Commercial Marina) Staff Recommendation Approval Staff Planner Alexis Bailey Location 310 & 312 Winston Salem Avenue, 4 parcels directly south of 310 & 312 Winston Salem Avenue GP/Ns 2427129328,2427128357,2427129200, 2427129270,2427129038 & 2427129190 Site Size ±53,060.70 square feet A/CUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Commercial marina, single-family dwelling, & duplex / Conditional RT-3 Resort Tourist/R-5S Residential Surrounding Land Uses and Zoning Districts North Winston Salem Avenue Single-family dwellings / RT-3 Resort Tourist South Lake Rudee / RT-3 Resort Tourist East Eating and drinking establishment, personal watercraft rentals / RT-3 Resort Tourist West Condominium Complex / RT-3 Resort Tourist 10SH sC i gVk SZ H'SZ NHS RyUk"�,VE 1.VE NRC�HN pVE n a m gIGO .MRaAGE AVE X%H Stto m *° S, KENHE0`1 PA. l P r I FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 1 of 17 • The applicant seeks to Conditionally Rezone the subject water parcels, identified as Parcel 028A & Parcel 028C, from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District and a Modification of Conditions to incorporate the water parcels into the previously approved Commercial Marina. • On January 21, 2025, the City Council approved a Conditional Rezoning request for 310 and 312 Winston Salem Avenue from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District along with a Conditional Use Permit for a Commercial Marina with six boat slips. The setback deviations granted with the previous approval • On February 27, 2025, the applicant submitted an Excess City Owned Property Application to acquire Parcel 028A and Parcel 028C from the City of Virginia Beach. The City Council voted to declare the parcels in excess of the City's needs at their May 20, 2025, hearing and authorized the City Manager to sell the property to the applicant. • 312 Winston Salem Avenue is currently developed with a duplex, and 310 Winston Salem Avenue is currently developed with a single-family home; both residential structures are to remain. Setback deviations, specifically to the side yard and side yard adjacent to a driveway, were granted with the Conditional Use Permit approved in January 2025. • The applicant recently sought a Joint Permit Application (JPA) to replace the existing pier and eight boat slips with a new pier and ten new and reconfigured boat slips. During the review of the JPA, it was determined that the applicant would need to obtain a Conditional Use Permit for a Commercial Marina. • The pier and boat slips were developed in the early 1990s and have been operated by the applicant and its affiliates in conjunction with Fisherman's Wharf Marina since that time. Access to the pier and boat slips is provided by a partially paved and gravel private driveway located at 312 Winston Salem Avenue. • The proposed improvements include a new fixed pier, gangway, floating pier, and ten reconfigured boat slips to be located 20 inches above the water, constructed with Ipe wood. The pier and boat slips will not be visible from the street. • Per Section 236(b) of the Zoning Ordinance, 0.50 off-street parking spaces shall be required per boat slip, provided that where wheel launching ramps adjoin the parking area, the parking spaces shall have a minimum dimension of twelve (12) feet by forty (40) feet. The proposed ten (10) boat slips would require five (5) parking spaces. Eight (8) gravel parking spaces are provided at the rear of the property exceeding the required five spaces. • As the site is located in the 70-75 dB DNL noise zone, the applications were considered by the Joint City - Navy Review Process (JRP) Group. Sections 1803(a) and 1804 (a) of the Zoning Ordinance provide regulations that apply to discretionary development applications for uses with the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 2 of 17 # Request 1 CRZ (R-5S to Conditional RT-3) Approved 01/21/2025 CUP (Commercial Marina) Approved 01/21/2025 2 CUP (Short Term Rental) Approved 06/09/2020 3 REZ Approved 06/08/2004 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions MDP: Modification of Proffers NON: Nonconforming Use STC: Street Closure FVR: Floodplain Variance ALT.' Alternative Compliance 23Vi Rss RT1 3 Lm , RT3 SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental In Staff's opinion, the request for a Conditional Rezoning from R5-S Residential Single -Family District to Conditional RT-3 Resort Tourist District and a Modification of Conditions to add additional boat slips is acceptable. The use and rezoning are compatible with the surrounding area. Prior to the approval of the Conditional Use Permit for a Commercial Marina granted by City Council in January 2025, the site had operated as a commercial marina for almost thirty years without an approved Conditional Use Permit. Furthermore, the proposed removal and replacement of the existing pier and eight boat slips with a new pier and ten reconfigured boat slips will not significantly change the intensity of the use. The new pier and boat slips will be constructed using high -quality materials and will not be visible from the public right-of- way. The proposed rezoning to Conditional RT-3 Resort Tourist District is consistent with the surrounding area since the other parcels to the south of Winston Salem Avenue within this block are zoned Resort Tourist District. The proposal was presented to the JRP Group on December 11, 2024, and it was determined that the proposal, which includes a proffer restricting the number of residential units to the 3 units that currently exist on the property, was consistent with the requirements of Article 18. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 3 of 17 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 The number of residential dwelling units on the Property shall not exceed the number of residential units existing on the Property on the Effective Date of this Agreement Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. 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. 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025 shall be voided and replaced with the following conditions below. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS (PIERS & PILES) ON "PARCEL 4" (GPIN:2427-12-9123), "PARCEL 2" (GPIN:2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C (DB 2600, PG 1651)", prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 4 of 17 8. Applicant shall obtain the City's approval of a resubdivision plat (the "Plat") to incorporate the Property into Applicant's adjacent properties located at 310 Winston Salem Avenue (GPINs: 2427-12-9328 and 2427- 12-9270) and 312 Winston Salem Avenue (GPINs: 2427-12-8357 and 2427-12-9200) (collectively, the "FWM Property"), and which Plat vacates all interior lot lines of (a) 310 Winston Salem Avenue and Parcel 28A (GPIN 2427-12-9190) to form one (1) parcel; and (b) 312 Winston Salem Avenue and Parcel 28C (GPIN 2427-12-9038) to form one (1) parcel. The Plat shall be recorded contemporaneously with the below defined Deed. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "310 / 312 WINSTON SALEM AVENUE", prepared by Langley & McDonald, Inc, and revised September 30, 2024, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 6. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 5 of 17 This project falls within the Resort Area SGA. This site also falls within the Marina District, a key development area of the Resort Area, that strives to create a mixed -use, walkable, family -friendly environment. Based on the Resort Area Strategic Action Plan, it states that a goal for this SGA is to "retain the feel of an oceanside resort with a sense of community" (p. 10, RASAP). The site is located in the Atlantic Ocean Watershed and in the Special Flood Hazard Area, Zone AE with a Base Flood Elevation of 8 feet NAVD 88. There are no floodplain concerns with the proposed project. There are no known historic or cultural resources that will be affected by this project. Water and Sewer There is an existing six-inch city water main and an eight -inch city sanitary sewer gravity main along Winston Salem Avenue. The properties, 310 and 312 Winston Salem Avenue, both connect to City water and sanitary sewer. Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 12, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, May 28, 2025 and June 4, 2025. • 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 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 5, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 6 of 17 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 June 13, 2025. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 7 of 17 2(�' _ _\\\ � "•'� ••�n 'sxia3doad rvlu3a MrJ3a�a wJu 3 •V0100033h00 w sN3ld ISN'y z/ale 1 �IIIIIIlII 11 I!J',I=i 1'=1..4 '! 70 + ,,�1 a FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 8 of 17 A r + JR FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 9 of 17 Site Photos FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 11 of 17 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. APPLICANT INFORMATION Applicant Name: as listed on application FWM Residential Rental Properties, LLC Is Applicant also the Owner of the subject property? Yeso Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes NoO If yes, name Representative: Lisa Murphy, Wilcox & Savage, P.C. Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes0No0 1f yes, list the names of all officers, directors, members, or trustees below AND businesses that have a rarent- subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) F Wayne Mcleskey, Jr OTIP Marital Trust FBO Cheryl McLeskey See Attachment )oes the subject property have a proposed or pending purchaser? Yes U 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? Yeso No& f yes, name the official or employee, and describe the nature of their interest. 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.) O O Real Estate Broker/Agent/Realtor Disclosure Statement i rev. May-2024 page 1 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 12 of 17 SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 O Forvis Mazars, LLP Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor O Engineer/Surveyor/Agent @ O Langley & McDonald, Inc. & MSA, P.C. Legal Services O O ire Map7. Wk= a Swap, P C KaSr P K4*" Ynia, Ape. H—od A M*tpe, P C APPLICANT CERTIFICATION READ:1 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. pplicant Name (Print) Da 1 "Parent -subsidiary relationship" means "a relations p that exist?when one corporation directly or indirectly owns shares possessing more than 50 per ent 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 some 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 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. FOR CRY USE ONLY: No changes as of (date): 6/4/2025 Alexis Bailey _a�e-� 6/4/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 13 of 17 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application FWM Residential Rental Properties, LLC Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesQNaO If yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a Qarent-subsidiary' or affiliated business entity z relationship with the applicant. (Attach list if necessary.) F Wayne M eskey, Jr QTIP Marital Trust FBO Cheryl Mdeskey See Attachem nt Does the subject property have a proposed or pending purchaser? YesO No0 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 0 No0 If ves, name the officiol or emolovee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner 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 or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO O SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, cross-collateralization, etc.) O Real Estate Broker/Agent/Realtor 0 I Accounting/Tax Return Preparation 0 FarVIS MUM, LLP Architect/ Designer/Landscape Architect/Land Planner O O Construction Contractor 0 0 Engineer/Surveyor/Agent @ 0 Langley & McDonald, Inc. & MSA, P.C. Legal Services 0 0 Lisa Murphy, Wilcox & Savage, P.C. PROPERTY OWNER CERTIFICATION READ: 1 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, V80A, CBPA, Wetlands Board or any public body or comet' ee in ca ection with this application. W���'P✓l �j�a.cre� t �m o2 roperty Owner game (Print) Prop y w r signature Da Disclosure Statement I rev. May-2024 _ y page 3 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 14 of 17 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesONO If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a Parent -subsidiary' or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject properly have a proposed or pending purchaser? Yes(.!) No(,,,) If yes, name proposed or pending purchaser: FWM Residential Rental Properties, LLC 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 O f es, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner 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 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.) O O Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation O Architect/Designer/Landscape Architect/Land Planner O O _ Construction Contractor O e Engineer/Surveyor/Agent 0 0 Legal Services PROPERTY OWNER 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, I am responsible for updating the information provided herein three week; prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any publi dy or, committee in connection with this application. Property Owner Name (Print) P operty Owner Signature Date Disclosure Statement I rev. M a y -2024 page 3 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 15 of 17 FWM RESIDENTIAL RENTAL PROPERTIES, LLC (Applicant) Usting of businesses that have a parent -subsidiary or afflllated business entity relationship with Appakant En ty Name WASHINGTON SQUARE TOWNHOUSES, LLC Bel -Aire LLC Virginia Beach Fishing Center LLC 2859 VBB, LLC Elizabeth City Development Company LLC Elizabeth City Airport Industrial Park, Inc. LDSM Properties LLC Mortons Baye LLC J&W Investors, LLC RADCLIFFE TOWNHOUSES, LLC Cepoo LLC COLONY PINES APARTMENTS, LLC Coastal Investors LLC Norfolk -Virginia Beach Airport LLC 26M VBB, LLC Lynnhaven Shopping Center, LLC (dba MarketSquare) Riverwalk LLC NEWTOWN CONVENIENCE CENTER, LLC Front Street Investors LLC MGM Associates Furberfax LLC AIR TACO, LLC 103, LLC Croupier LLC Air Walker LLC BAYLINER BUILDING, LLC LITTLE NECK COMMERCIAL PROPERTY, LLC McLeskey & Associates, LLC SHORE DRIVE AREA PROPERTIES LLC LYNNHAVEN AREA PROPERTIES, LLC LITTLE CREEK ROAD PROPERTIES, LLC RUDEE HEIGHTS PROPERTIES, LLC Southside Waterfront Properties LLC F. Wayne McLeskey, Jr., QTIP Marital Trust Regency Hilltop Associates, LLP BA -GB, LLC Dam Neck Assoicates, LLC 2540 VBB, LLC Cepco Management, LLC Cepco 1, LLC Meadow Creek Village, LLC TB & M Residential LLC 11/14/2024 1:55 PM FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 16 of 17 • 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. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 17 of 17 FWM RESIDENTIAL RENTAL PROPERTIES, 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 ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company ("FWM"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY"), Grantor for indexing purposes (FWM and the CITY are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE''). WITNESSETH: WHEREAS, the CITY is the owner of those certain parcels of unimproved real property located in the City of Virginia Beach, Virginia, all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (collectively, "Pro e "); WHEREAS, FWM has entered into an agreement with the CITY to purchase the Property; WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District and has applied for a conditional use permit to operate a commercial marina on the Property; WHERF,AS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of GP1N 4s: 2427-12-9190 & 2427-12-9038 Prepared by: Lisa M. Murphy, Esquire (VSB 439111) Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, Virginia 23510 the City of Virginia Beach, Virginia ("Zoning, Man") with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers 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 GRANTOR, and its successors; assigns, grantees and other successors in interest or title: 1. The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. 2. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. All references herein to the RT-3 Resort Tourist District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, 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 ("Clerk's Office") 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 goveming body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as 2 1-2905859.1 amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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, GRANTOR 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 and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 3 I-2905859.1 WITNESS the following signature and seal. GRANTOR: FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company B N T COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: ,AL) So — The foregoing instrument was acknowledged before me this Z. 1S4 day of 2025 by William A. Wilcox, Il, as Manager of FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company, on behalf of said company. [SEAL] v-' ' urunnp..• +tart' Pu 11C * Tscy 0 2 3 q3 . .. .. Registration No: 13 r�2�� �Y pie,. h4ys = 2� REG• _ 00IT�3 My Commission Expires: 3 3 1 ap,2 _> = c. M1SS10N _ y'••.; FILTH �.,.•'� [Signature Page to Proffered Covenants, Restrictions and Conditions] ATTEST: �igna=CiI\ Clerk GRANTOR: CITY OF VIRGINIA BEACH, VIRGINIA — if Cit. Manager/Authorized Designee of City Manager CITY'S ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: a Notary Public in and for the City and state aforesaid, do hereby certify that 4r*'Kt S G4- to CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO §2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement, bearing date the day of 2025, has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this t'c day of 2025. My Commission Expires: ' 202 9 --,�• •JA-A, Notary Registration Number: -Z_ I ,off Notary bli � Oly STATE OF VIRGINIA Jenfft� NO. 7t 1 7676 CITY OF VIRGINIA BEACH, to wit: My C*Tc m Expires �1_2c'Z c) I, ti...Sr ,� �ru�. , a Notary Public in and for the City and state aforesaid, do hereby certify that �r� Cl�.rs,'�- Cify Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, bearing date the day of _, 2025, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this _ f p` _ day of .2025. , My Commission Expires: 513�12crL�'1 r, Notary Registration Number: tcq Nota�� Pu is commonwe� Of Jernuer Mne our dler - Nolry Pift APPROVED AS TO CONTENT: AP ROVED AS TO FORM: Corrn=m No. 7=67 My Commission Expires 513 _2p, ignature - Planning Department Signature —City Attorney [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the ProperiN GPIN: 2427-12-9190 ("Parcel 28A"): ALL THAT certain lot, tract or parcel of land, together with improvements thereon, belonging, lying, situated and being in the City of Virginia Beach, Virginia, designated and described as: "TAKE AREA = 1,427 SQ. FT. PARCEL 28A", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated April 23, 1987, from V & N Associates, a Virginia general partnership, and recorded in the aforesaid Clerk's Office in Deed Book 2639, at page 794. GPIN: 2427-12-9038 ("Parcel 28C" ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and described as: "TAKE AREA = 4,817 SQ. FT. PARCEL 28C", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated June 16, 1987, from R.J. Alfriend, III, Rachel K. Alfriend, and Robert I. Low, Trustees, and recorded in the aforesaid Clerk's Office in Deed Book 2691, at page 263. A- l Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #04 & 05 FWM Residential Rental Properties, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: The next order of business is the Consent Agenda. I'm going to turn that over to our Vice Chair Coston to run this portion of the meeting. Mr. Coston: Thank you Madam Chair. Today we have six items on the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speakers signed up in opposition. Our first item are Items # 4 and 5 , FWM Residential Rental Properties, LLC Property owners. Is there anyone here to represent the site? Ms. Murphy: Good afternoon, Chair, Vice Chair, Planning Commissioners and staff. For the record, I'm Lisa Murphy, I'm a local zoning attorney, 440 Monticello Ave in the city of Norfolk here on behalf FWM, and it's agenda Items 4 and 5. Four is the conditional rezoning, R-5S to R- T3, for the small city water parcels at the far southern corner of what you can see on the map and the modification of conditions would be to include those in the previously approved Conditional Use Permit, which was approved by City Council back in January. We concur with the 9 modified conditions proposed by staff, and we appreciate being placed on the Consent Agenda. Mr. Coston: Thank you. Is there any opposition to this item being placed on the Consent Agenda? There being none, we've asked Commissioner Alcaraz to read this item into the record. Mr. Alcaraz: Alright, thank you. Agenda Items 4 and 5, the applicant is FWM Residential Rental Properties, LLC, and the owners are FWM Residential Rental Properties, LLC, and the City of Virginia Beach for Conditional Rezoning for R-5S Residential Single -Family District to R-T3 and a Modification of Conditions at 310 & 312 Winston Salem Avenue and four parcels directly south of 310 & 312 Winston Salem Avenue. On February 27, 2025, the applicant submitted an excess city owned property application to acquire parcels 028A and 028C from the City of Virginia Beach. The City agreed and voted to declare the parcels in excess of the city's needs at their May 20, 2025, hearing, an authorized city manager authorized the sale of the property to the applicant. For that reason, they've included it in their project, and we put it on consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. The planning commission places the following applications on the consent agenda: Items four and five, eight, nine, eleven and twelve. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Move to approve. Ms. Cuellar: Is there a second? Mr. Coston: Second. Ms. Cuellar: Hearing the second, are there any Planning Commissioners abstaining? Hearing none, the motion to approve is made by Commissioner Plumlee and seconded by Commissioner Coston Clerk: The vote is open. By recorded vote of 9 to 0, items four and five, eight, nine, eleven and twelve have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your time today and your participation in this meeting. You're also free to leave. Vote Tall Commission Member AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Proffers Proffer 1 The number of residential dwelling units on the Property shall not exceed the number of residential units existing on the Property on the Effective Date of this Agreement Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025 shall be voided and replaced with the following conditions below. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS (PIERS & PILES) ON "PARCEL 4" (GPIN:2427-12-9123), "PARCEL 2" (GPIN:2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C (DB 2600, PG 1651)", prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. 8. Applicant shall obtain the City's approval of a resubdivision plat (the "Plat") to incorporate the Property into Applicant's adjacent properties located at 310 Winston Salem Avenue (GPINs: 2427-12-9328 and 2427-12-9270) and 312 Winston Salem Avenue (GPINs: 2427-12- 8357 and 2427-12-9200) (collectively, the "FWM Property"), and which Plat vacates all interior lot lines of (a) 310 Winston Salem Avenue and Parcel 28A (GPIN 2427-12-9190) to form one (1) parcel; and (b) 312 Winston Salem Avenue and Parcel 28C (GPIN 2427-12- 9038) to form one (1) parcel. The Plat shall be recorded contemporaneously with the below defined Deed. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 0 ` R5S R5-S) , P�enue' RT3 ® Site Property Polygons Zoning Building 0 N FWM Residential Rental Properties LLC W 310 & 312 Winston Salem Avenue, S 4 parcels directly south of 310 & 312 Winston Salem Avenue Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FWM RESIDENTIAL RENTAL PROPERTIES, LLC [Applicant] FWM RESIDENTIAL RENTAL PROPERTIES, LLC & CITY OF VIRGINIA BEACH [Property Owners] Conditional Rezoning (R-5S Residential Single -Family to Conditional RT-3 Resort Tourist) and Modification of Conditions to a Conditional Use Permit for the property located at 310 & 312 Winston Salem Avenue, 4 parcels directly south of 310 & 312 Winston Salem Avenue (GPINs 2427129328, 2427128357, 2427129200, 2427129270, 2427129038 & 2427129190). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: June 17, 2025 ■ Background: The applicant seeks to conditionally rezone 2 city -owned water parcels from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District. Additionally, the applicant is requesting a Modification of Conditions to incorporate those same parcels into the boundary of a Conditional Use Permit for a Commercial Marina granted for the adjacent parcels in January 2025. On May 20, 2025, the City Council declared the two city -owned parcels to be in excess of the city's needs and authorized the City Manager to proceed with the sale of the parcels to the applicant, FWM Residential Rental Properties, LLC. The proposed improvements include a new fixed pier, gangway, floating pier, and ten reconfigured boat slips, none of which will be visible from the street. ■ Considerations: Staff finds the requests for a Conditional Rezoning and Modification of Conditions to be consistent with the zoning and development pattern of the surrounding area. Except for the subject parcels, all parcels along the south side of Winston Salem Avenue within this block are currently zoned Resort Tourist District. Additionally, the site has operated as a Commercial Marina without a Conditional Use Permit for nearly 30 years and this request will allow the site to come into compliance with the Zoning Ordinance. The proposed removal and replacement of the existing pier and 8 boat slips with a new pier and 10 reconfigured boat slips will not significantly change the intensity of the use or the character of the site. The site is located in the 70-75 dB DNL noise zone and was considered by the Joint Navy -City Review Process (JRP) Group. With the proffer limiting the residential density to the 3 units that presently exist, the JRP group deemed the request to be in compliance with Article 18 of the Zoning Ordinance. FWM Residential Rental Properties, LLC Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: The item will be considered by the Planning Commission at their formal hearing on June 11, 2025. Conditional Rezoning Proffer 1 The number of residential dwelling units on the Property shall not exceed the number of residential units existing on the Property on the Effective Date of this Agreement Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. Modification of Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025 shall be voided and replaced with the following conditions below. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS (PIERS & PILES) ON "PARCEL 4" (GPIN:2427-12-9123), "PARCEL 2" (GPIN:2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C (DB 2600, PG 1651)", prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. FWM Residential Rental Properties, LLC Page 3 of 3 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. 8. A final subdivision plat shall be submitted for review, approval and recordation to vacate the existing internal property lines at 310 and 312 Winston Salem Avenue. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission to consider the item at their June 11th hearing. Submitting Department/Agency: Planning Department City Manager:/V Project Details Requests Conditional Rezoning (R-5S Residential Single - Family District to RT 3 Resort Tourist District) Modification of Conditions (Commercial Marina) Staff Recommendation Approval Staff Planner Alexis Bailey Location 310 & 312 Winston Salem Avenue, 4 parcels directly south of 310 & 312 Winston Salem Avenue GP/Ns 2427129328,2427128357,2427129200, 2427129270,2427129038 & 2427129190 Site Size ±53,060.70 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Commercial marina, single-family dwelling, & duplex / Conditional RT-3 Resort Tourist/R-5S Residential Surrounding Land Uses and Zoning Districts North Winston Salem Avenue Single-family dwellings / RT-3 Resort Tourist South Lake Rudee / RT-3 Resort Tourist East Eating and drinking establishment, personal watercraft rentals / RT-3 Resort Tourist West Condominium Complex / RT-3 Resort Tourist �oTH 9t 1 TvN < qtM s1 �N Si F F ND Ate, 1 cA , Y V,YY'RE so-, 1 1' MDHp�TAVE c11W£� FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 1 of 17 • The applicant seeks to Conditionally Rezone the subject water parcels, identified as Parcel 028A & Parcel 028C, from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District and a Modification of Conditions to incorporate the water parcels into the previously approved Commercial Marina. • On January 21, 2025, the City Council approved a Conditional Rezoning request for 310 and 312 Winston Salem Avenue from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District along with a Conditional Use Permit for a Commercial Marina with six boat slips. The setback deviations granted with the previous approval • On February 27, 2025, the applicant submitted an Excess City Owned Property Application to acquire Parcel 028A and Parcel 028C from the City of Virginia Beach. The City Council voted to declare the parcels in excess of the City's needs at their May 20, 2025, hearing and authorized the City Manager to sell the property to the applicant. • 312 Winston Salem Avenue is currently developed with a duplex, and 310 Winston Salem Avenue is currently developed with a single-family home; both residential structures are to remain. Setback deviations, specifically to the side yard and side yard adjacent to a driveway, were granted with the Conditional Use Permit approved in January 2025. • The applicant recently sought a Joint Permit Application (JPA) to replace the existing pier and eight boat slips with a new pier and ten new and reconfigured boat slips. During the review of the JPA, it was determined that the applicant would need to obtain a Conditional Use Permit for a Commercial Marina. • The pier and boat slips were developed in the early 1990s and have been operated by the applicant and its affiliates in conjunction with Fisherman's Wharf Marina since that time. Access to the pier and boat slips is provided by a partially paved and gravel private driveway located at 312 Winston Salem Avenue. • The proposed improvements include anew fixed pier, gangway, floating pier, and ten reconfigured boat slips to be located 20 inches above the water, constructed with Ipe wood. The pier and boat slips will not be visible from the street. • Per Section 236(b) of the Zoning Ordinance, 0.50 off-street parking spaces shall be required per boat slip, provided that where wheel launching ramps adjoin the parking area, the parking spaces shall have a minimum dimension of twelve (12) feet by forty (40) feet. The proposed ten (10) boat slips would require five (5) parking spaces. Eight (8) gravel parking spaces are provided at the rear of the property exceeding the required five spaces. As the site is located in the 70-75 dB DNL noise zone, the applications were considered by the Joint City - Navy Review Process (JRP) Group. Sections 1803(a) and 1804 (a) of the Zoning Ordinance provide regulations that apply to discretionary development applications for uses with the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 2 of 17 # Request 1 CRZ (R-5S to Conditional RT-3) Approved 01/21/2025 CUP (Commercial Marina) Approved 01/21/2025 2 CUP (Short Term Rental) Approved 06/09/2020 3 REZ Approved 06/08/2004 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions 1--- , I, t A 1 MDP: Modification of Proffers NON: Nonconforming Use STC: Street Closure FVR: Floodplain Variance ALT Alternative Compliance SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental In Staff's opinion, the request for a Conditional Rezoning from R5-S Residential Single -Family District to Conditional RT-3 Resort Tourist District and a Modification of Conditions to add additional boat slips is acceptable. The use and rezoning are compatible with the surrounding area. Prior to the approval of the Conditional Use Permit for a Commercial Marina granted by City Council in January 2025, the site had operated as a commercial marina for almost thirty years without an approved Conditional Use Permit. Furthermore, the proposed removal and replacement of the existing pier and eight boat slips with a new pier and ten reconfigured boat slips will not significantly change the intensity of the use. The new pier and boat slips will be constructed using high -quality materials and will not be visible from the public right-of- way. The proposed rezoning to Conditional RT-3 Resort Tourist District is consistent with the surrounding area since the other parcels to the south of Winston Salem Avenue within this block are zoned Resort Tourist District. The proposal was presented to the JRP Group on December 11, 2024, and it was determined that the proposal, which includes a proffer restricting the number of residential units to the 3 units that currently exist on the property, was consistent with the requirements of Article 18. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 3 of 17 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 The number of residential dwelling units on the Property shall not exceed the number of residential units existing on the Property on the Effective Date of this Agreement Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. 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. 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025 shall be voided and replaced with the following conditions below. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS (PIERS & PILES) ON "PARCEL 4" (GPIN:2427-12-9123), "PARCEL 2" (GPIN:2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C (DB 2600, PG 1651)", prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 4 of 17 8. Applicant shall obtain the City's approval of a resubdivision plat (the "Plat") to incorporate the Property into Applicant's adjacent properties located at 310 Winston Salem Avenue (GPINs: 2427-12-9328 and 2427- 12-9270) and 312 Winston Salem Avenue (GPINs: 2427-12-8357 and 2427-12-9200) (collectively, the "FWM Property"), and which Plat vacates all interior lot lines of (a) 310 Winston Salem Avenue and Parcel 28A (GPIN 2427-12-9190) to form one (1) parcel; and (b) 312 Winston Salem Avenue and Parcel 28C (GPIN 2427-12-9038) to form one (1) parcel. The Plat shall be recorded contemporaneously with the below defined Deed. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "310 / 312 WINSTON SALEM AVENUE", prepared by Langley & McDonald, Inc, and revised September 30, 2024, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 6. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 5 of 17 This project falls within the Resort Area SGA. This site also falls within the Marina District, a key development area of the Resort Area, that strives to create a mixed -use, walkable, family -friendly environment. Based on the Resort Area Strategic Action Plan, it states that a goal for this SGA is to "retain the feel of an oceanside resort with a sense of community" (p. 10, RASAP). The site is located in the Atlantic Ocean Watershed and in the Special Flood Hazard Area, Zone AE with a Base Flood Elevation of 8 feet NAVD 88. There are no floodplain concerns with the proposed project. There are no known historic or cultural resources that will be affected by this project. Public Utility Impacts Wa ter and Sewer There is an existing six-inch city water main and an eight -inch city sanitary sewer gravity main along Winston Salem Avenue. The properties, 310 and 312 Winston Salem Avenue, both connect to City water and sanitary sewer. Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 12, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, May 28, 2025 and June 4, 2025. • 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 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on June 5, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 6 of 17 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 June 13, 2025. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 7 of 17 3� i �� 91a703i0 L Sa_ie lie / • 6 f: fi 4t ' BnN=IAV MnVS NOlSNIM a =q - ,..., Zle / Ole�a1# a f r �l FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 8 of 17 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 9 of 17 Site Photos .q r ::' I_{ FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 11 of 17 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 low. 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. APPLICANT INFORMATION Applicant Name: as listed on application FWM Residential Rental Properties, LLC Is Applicant also the Owner of the subject property? Yese No0 if no, Property Owner must complete SECTION 1: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yese No0 If yes, name Representative: Lisa Murphy, Wilcox & Savage, P.C. Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesONoo if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a Darent- subsidiary' or affiliated business entity,' relationship with the applicant. (Attach list if necessary.) F Wayne McLeskey, Jr QTIP Marital Trust FBO Cheryl McLeskey See Attachment )oes 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? Yeso No0 f yes, name the official or employee, and describe the nature of their interest. 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, O Q crosstollateralization, etc. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 12 of 17 SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation (2) 0 Forvis Mazars, LLP Architect/Designer/Landscape 0 O Architect/Land Planner 0 0 Construction Contractor Engineer/Surveyor/Agent @ Langley & McDonald, Inc. & MSA, P.C. Legal Services O O W".WodSwW, P C KdMr P WM", mn—1 , A4w, Hda M**fn,PC 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 hos been scheduled for public hearing, I 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. t pplicant Name (Prin) Applica ignature Da 1 Parent -subsidiary relationship" means "a relations p that exist when one corporation directly or indirectly owns shares possessing more than 50 per ent 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, (h) a controlling owner in one entity is also a controlling owner in the other entity, or (Hi) there is shored management or control between the business entities. factors that should be considered in determining the existence of on affiliated business entity relationship include that the some 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 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. FOR CITY USE ONLY: No changes as of (date): 6/412025 Alexis Bailees 6/4/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 _ _'_ page 2 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 13 of 17 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application FWM Residential Rental Properties, LLC Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YecfZNaO If yes, list the names of oil officers, directors, members, or trustees below AND businesses that hove a Darent-subsidiary' or affiliated business entity : relationship with the op licant. (Attach list if necessary.) F Wayne Md-eskey, Jr QTiP Marital Trust FBO Cheryl Md.eskey See Atlachemarrt 3oes the subject property have a proposed or pending purchaser? Yeso No(i) 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 Q No % yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner 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 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 -col lateral ization, etc. O O Real Estate Broker/Agent/Realtor 0 1 Q Accounting/Tax Return Preparation 0 O Forvis Mazars, LLP Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor © O Engineer/Surveyor/Agent (D O Langley & McDonald, Inc. & MSA, P.C. Legal Services O O Lisa Murphy, Wilcox & Savage, P.C. PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. l understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Counci`l,.V/BDA, CBPA, Wetlands Board or any public body or comet ee in co ection with this application. Ito of roperty Owner game (Print) Prop y Ow r Signature Da Disclosure Statement I rev. May-2024 s page 3 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 14 of 17 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesONo@i If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent -subsidiary' 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: FWM Residential Rental Properties, LLC 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 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner 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 or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES I NO SERVICE PROVIDER Name entity and or individual Financing (mortgage, deeds of trust, cross-collateralization, etc.) O O Real Estate Broker/Agent/Realtor O Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner O 0 Construction Contractor O Engineer/Surveyor/Agent 0 E) Legal Services O PROPERTY OWNER 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, I am responsible for updating the information provided herein three week; prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any pubh7q dy or. committee in connection with this application. � L y Property Owner Name (Print) I P perty Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 15 of 17 FWM RESIDENTIAL RENTAL PROPERTIES, LLC (Applicarrt) Usting of businessas that have a parent-subsidlary or affillated business entlty relationship with Applicant Entity Name WASHINGTON SQUARE TOWNHOUSES, LLC Bel-Alre LLC Virginia Beach Fishing Center LLC 2859 VBB, LLC Elizabeth City Development Company LLC Elizabeth City Airport Industrial Park, Inc. LDSM Properties LLC Mortons Bays LLC J&W investors, LLC RADCLIFFE TOWNHOUSES, LLC Cepoo LLC COLONY PINES APARTMENTS, LLC Coastal Investors LLC NwOk-Virginia Beach Airport LLC 2648 VBB, LLC Lynnhaven Shopping Center, LLC (dba MarketSquare) Riverwaik LLC NEWTOWN CONVENIENCE CENTER, LLC Front Street Investors LLC MGM Associates Furberfax LLC AIR TACO, LLC 103, LLC Grouper LLC Air Walker LLC BAYLINER BUILDING, LLC LITTLE NECK COMMERCIAL PROPERTY, LLC McLeskey & Associates, LLC SHORE DRIVE AREA PROPERTIES LLC LYNN HAVEN AREA PROPERTIES, LLC LITTLE CREEK ROAD PROPERTIES, LLC RUDEE HEIGHTS PROPERTIES, LLC Southside Waterfront Properties LLC F. Wayne McLaskey, Jr., QTIP Marital Trust Regency Hilltop Associates, LLP BA -GB, LLC Dam Neck Assoiates, LLC 2540 VBB, LLC Cepco Management, LLC Cepco 1, LLC Meadow Creek Vivage, LLC TB & M Residentai LLC 11/14/2024 1:55 PM FWM Residential Rental Properties LLC Agenda Items 4 & S page 16 of 17 • 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. FWM Residential Rental Properties LLC Agenda Items 4 & 5 page 17 of 17 FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia PHIS AGREEMENT ("A-greemDeclaration is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company ("FWM"), Grantor for indexing purposes, and THE CITY OF VIRGMIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY"), Grantor for indexing purposes (FWM and the CITY are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE''). WITNESSETH: WHEREAS, the CITY is the owner of those certain parcels of unimproved real property located in the City of Virginia Beach, Virginia, all as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (collectively, "Property"); WHEREAS, FWM has entered into an agreement with the CITY to purchase the Property; WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from R-5S Residential Single -Family District to Conditional RT-3 Resort Tourist District and has applied for a conditional use permit to operate a commercial marina on the Property; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and 1A7HEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of GPIN #s: 2427-12-9190 & 2427-12-9038 Prepared by: Lisa M. Murphy, Esquire (VSB #3911 1) Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, Virginia 23510 the City of Virginia Beach, Virginia ("Zoning. Map") with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers 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 GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The number of residential dwelling units on the Property shall not exceed the number of residential dwelling units existing on the Property on the Effective Date of this Agreement. 2. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. All references herein to the RT-3 Resort Tourist District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, 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 ("Clerk's Office") 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 City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as 2 1-2905859.1 amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 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 and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 1-2905859.1 WITNESS the following signature and seal. GRANTOR: FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company B N T COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: AL) iy_ MA The foregoing instrument was acknowledged before me this Z isi day of March 2025 by William A. Wilcox, II, as Manager of FWM RESIDENTIAL RENTAL PROPERTIES, LLC, a Virginia limited liability company, on behalf of said company. v-, [SEAL] �r �tSC• h!��y'`. 4tary Pu lic O Registration No 113 3 �1.3 ..•••••• gy s O XG # <1 . s � 011 �' = My Commission Expires: 3 1 ca b.`lg CO�AMISSION = � .t , d i���-,fir• [Signature Page to Proffered Covenants, Restrictions and Conditions] GRANTOR: ATTEST: CITY OF VIRGINIA BEACH, VIRGINIA nature = Citi Clerk Ci , Manager/Authorized Designee of City Manager CITY'S ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: Cz'C- ►-, ACr , a NotaryPublic in and for the City and state aforesaid, do hereby certify that t&g tGy- CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO §2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement, bearing date the day of 2025, has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this VC-3 , day of nA 2025. My Commission Expires: ����I Za2 �1 ,-- •.,--.�` ' 1` "T X l Notary Registration Number: -l— mT -ken _ Notary Public Of Wginls Gwdler. . Notary p,4* STATE OF VIRGINIA My Commission E� xpires C,No. 7OV167 S �csZ CITY OF VIRGINIA BEACH, to wit: —�-/ 1, a Notary Public in and for the City and state aforesaid, do hereby certify that Ci Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, bearing date the day of , 2025, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this day of to .2025.My Commission Expires:Notary Registration Number: �cs',� 1v'1 Notais OIWpirie JWrJWMw GArdv - N*y Pd* APPROVED AS TO CONTENT: AP ROVED AS TO FORM: Cmwis" No. 703719 MY Commission Expires J�jjre Department _ Signature - City Attorney [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Property GPIN: 2427-12-9190 ("Parcel 28A" ALL THAT certain lot, tract or parcel of land, together with improvements thereon, belonging, lying, situated and being in the City of Virginia Beach, Virginia, designated and described as: "TAKE AREA = 1,427 SO. FT. PARCEL 28A", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated April 23, 1987, from V 8 N Associates, a Virginia general partnership, and recorded in the aforesaid Clerk's Office in Deed Book 2639, at page 794. GPIN: 2427-12-9038 ("Parcel 28C" ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and described as: "TAKE AREA = 4,817 SO. FT. PARCEL 28C", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated June 16, 1987, from R.J. Alfriend, III, Rachel K. Alfriend, and Robert I. Low, Trustees, and recorded in the aforesaid Clerk's Office in Deed Book 2691, at page 263. A-1 Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #04 & 05 FWM Residential Rental Properties, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: The next order of business is the Consent Agenda. I'm going to turn that over to our Vice Chair Coston to run this portion of the meeting. Mr. Coston: Thank you Madam Chair. Today we have six items on the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speakers signed up in opposition. Our first item are Items # 4 and 5 , FWM Residential Rental Properties, LLC Property owners. Is there anyone here to represent the site? Ms. Murphy: Good aflemoon, Chair, Vice Chair, Planning Commissioners and staff. For the record, I'm Lisa Murphy, I'm a local zoning attorney, 440 Monticello Ave in the city of Norfolk here on behalf FWM, and it's agenda Items 4 and 5. Four is the conditional rezoning, R-5S to R- T3, for the small city water parcels at the far southern corner of what you can see on the map and the modification of conditions would be to include those in the previously approved Conditional Use Permit, which was approved by City Council back in January. We concur with the 9 modified conditions proposed by staff, and we appreciate being placed on the Consent Agenda. Mr. Coston: Thank you. Is there any opposition to this item being placed on the Consent Agenda? There being none, we've asked Commissioner Alcaraz to read this item into the record. Mr. Alcaraz: Alright, thank you. Agenda Items 4 and 5, the applicant is FWM Residential Rental Properties, LLC, and the owners are FWM Residential Rental Properties, LLC, and the City of Virginia Beach for Conditional Rezoning for R-5S Residential Single -Family District to R-T3 and a Modification of Conditions at 310 & 312 Winston Salem Avenue and four parcels directly south of 310 & 312 Winston Salem Avenue. On February 27, 2025, the applicant submitted an excess city owned property application to acquire parcels 028A and 028C from the City of Virginia Beach. The City agreed and voted to declare the parcels in excess of the city's needs at their May 20, 2025, hearing, an authorized city manager authorized the sale of the property to the applicant. For that reason, they've included it in their project, and we put it on consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. The planning commission places the following applications on the consent agenda: Items four and five, eight, nine, eleven and twelve. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Move to approve. Ms. Cuellar: Is there a second? Mr. Coston: Second. Ms. Cuellar: Hearing the second, are there any Planning Commissioners abstaining? Hearing none, the motion to approve is made by Commissioner Plumlee and seconded by Commissioner Coston Clerk: The vote is open. By recorded vote of 9 to 0, items four and five, eight, nine, eleven and twelve have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your time today and your participation in this meeting. You're also free to leave. Vote Tally Commission Member AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Proffers Proffer 1 The number of residential dwelling units on the Property shall not exceed the number of residential units existing on the Property on the Effective Date of this Agreement Proffer 2 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that these proposed amendments to the Zoning Map with respect to the Property are overturned by subsequent judicial determination, this Agreement shall be null and void. Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 21, 2025 shall be voided and replaced with the following conditions below. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site plan exhibit entitled "EXHIBIT SHOWING PROPOSED IMPROVEMENTS (PIERS & PILES) ON "PARCEL 4" (GPIN:2427-12-9123), "PARCEL 2" (GPIN:2427-12-9184), AND CITY OF VIRGINIA BEACH PROPERTY IDENTIFIED AS PARCEL 028C (DB 2600, PG 1651)", prepared by MSA, and dated January 14, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A Joint Permit Application shall be approved by the Department of Planning & Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. 4. The dry storage of boats shall not be permitted on the site. 5. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 6. The applicant shall contact the Fire Inspector Supervisor with the City of Virginia Beach Permits and Inspections Office, 757-385-8769, regarding any required Fire Protection. 7. All provisions in the Virginia Statewide Prevention Code, Chapter 36 — Marinas, shall be adhered to and maintained. 8. Applicant shall obtain the City's approval of a resubdivision plat (the "Plat") to incorporate the Property into Applicant's adjacent properties located at 310 Winston Salem Avenue (GPINs: 2427-12-9328 and 2427-12-9270) and 312 Winston Salem Avenue (GPINs: 2427-12- 8357 and 2427-12-9200) (collectively, the "FWM Property"), and which Plat vacates all interior lot lines of (a) 310 Winston Salem Avenue and Parcel 28A (GPIN 2427-12-9190) to form one (1) parcel; and (b) 312 Winston Salem Avenue and Parcel 28C (GPIN 2427-12- 9038) to form one (1) parcel. The Plat shall be recorded contemporaneously with the below defined Deed. 9. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ® Site Property Polygons Zoning Building 2501 Holland Road, LLC 2501 Holland Road N W E S Feet 0 55110 220 330 440 550 660 ros � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 2501 HOLLAND ROAD, LLC [Applicant & Property Owner] Conditional Rezoning (AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District) for the property located at 2501 Holland Road (GPIN 1494860698). COUNCIL DISTRICT 2 (Henley) MEETING DATE: June 17, 2025 ■ Background: The applicant seeks to rezone a 12.87-acre parcel from AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District to develop a 35-lot subdivision with 33 single-family lots, an open space lot, and a stormwater management lot. The resulting residential density will be 2.56 units per acre. The site is currently developed with a vacant single-family home and is adjacent to the Christopher Farms and Princess Anne Crossing neighborhoods. The primary access will be located along Holland Road, with two secondary access points provided via proposed connections to the adjacent subdivisions via Blue Bonnet Drive and Holly Fern Drive. The Subdivision Ordinance requires 8% of open space for residential developments with similar lot sizes as the proposed subdivision. The applicant is proposing 9% or 1.20 acres of open space with this development. All homes will feature at least a two -car garage, raised slab foundation, and a covered front porch. Exterior materials proposed include a brick or stone skirt, cementitious siding, LP Smartside or its equivalent, and high -quality architectural shingles. To provide privacy between the adjacent subdivisions to the south and west of the parcel, a six-foot tall wood tone vinyl fence is proposed. ■ Considerations: Staff finds the proposal to be in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area which focuses on creating and maintaining great neighborhoods. The site is located in the 65-70 dB DNL noise zone, Sub -Area 2, and was considered by the Joint City -Navy Review Process (JRP) Group. The proposed density of 2.56 units per acre complies with Section 1804(c)(2) of the Zoning Ordinance which states that the residential density of new development should be similar to or less than surrounding densities in this area. 2501 Holland Road, LLC Page 2of3 One letter of opposition was received and three speakers spoke in opposition at the Planning Commission hearing, noting concerns with traffic, speed of vehicles, and opposition to connections provided to adjacent neighborhoods. To address the fencing preferences expressed by the Planning Commission, the applicant has provided a revised exhibit (dated 2/25/2025) showing a six-foot tall, woodgrain privacy fence in an earth tone along the southern and western property lines adjacent to the single-family residences. The revised plan and proffers were submitted to staff on 5/22/2025 before the proffer deadline of 10 days before City Council. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Proffer 1: When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, street layout, landscaping, sidewalks, and connected trail and open spaces, substantially as depicted and described on the exhibits entitled, "Holly Grove at Princess Anne Conceptual Master Plan Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 and "Holly Grove at Princess Anne Conceptual Entry Feature Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development (the "Conceptual Subdivision Plan" and "Conceptual Entry Feature") and are incorporated herein by this reference. Proffer 2: When the Property is developed, it will be subdivided into no more than thirty-three (33) single family residential building lots each having a minimum of 10,000 square feet of area. The thirty-three (33) new homes will be built with a raised slab foundation with a minimum 18 inches of freeboard and a brick or stone skirt. Each home will contain a minimum of 2,200 square feet of living area for a one story dwelling and 2,500 square feet of living area for a two story dwelling. Each home shall have no less than a two (2) car garage and a covered front porch with the primary exterior covering of cementitious siding (e.g. "Hard i-Plank"), LP Smartside or its equivalent and high quality architectural shingles [ no three (3) tab shingles permitted]. The homes shall utilize the design elements and architectural features substantially as depicted on the seven (7) pictorial exhibits designated "Holly Grove at Princess Anne" (#1 through #7), which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and 2501 Holland Road, LLC Page 3of3 Community Development and are incorporated herein by this reference (the "Quality Home Depictions"). Proffer 3: When the Property is developed, the 6' PVC perimeter fence alonq the northwest and southwest boundary as designated on the Conceptual Subdivision Plan shall be substantially as depicted and described on the "Holly Grove at Princess Anne Fence Exhibit", dated 2-25-25 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development and is incorporated by reference (the "Fence Exhibit"). Proffer 4: When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all open space areas and landscaping therein, the entrance feature signage and landscaping and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open space areas shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. Proffer 5: When the Subdivision Plat and Subdivision Construction Plans are submitted, 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 6: Further conditions may b e ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) REVISED Fence Exhibit dated 2.25.2025 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I, - Submitting Department/Agency: City Manager: / 0 Planning Department: Project Details Request Conditional Rezoning (AG-1 &AG-2 Agricultural District to Conditional R-10 Residential District) Staff Recommendation Approval Staff Planner Alexis Bailey Location 2501 Holland Road GPIN 1494860698 Site Size ±12.87 acres AICUZ 65-70 dB DNL; Sub -Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Vacant Single-family dwelling / AG-1 Agricultural/ AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Holland Road Religious Use / AG-2 Agricultural South Single-family dwellings / R-10 Residential East Single-family dwelling / AG-1 Agricultural/ AG-2 Agricultural West Single-family dwellings / R-10 Residential 06 44, CIO u e� 0 40 �It PRINCESS AN 2501 Holland Road, LLC Agenda Item 5 page 1 of 20 • The applicant is requesting to rezone this 12.87-acre parcel from AG-1 & AG-2 Agricultural District to Conditional R-10 Residential District to develop a 35-lot subdivision with 33 single-family lots, a designated open space lot, and one stormwater management lot, resulting in a density of 2.56 units per acre. • The site, which is located within Suburban Focus Area 2.3 (South Holland) and adjacent to the Christopher Farms neighborhood, is currently developed with a vacant single-family dwelling. • The 33 residential proposed lots will meet all dimensional requirements for the R-10 Residential Zoning District. • The primary vehicular ingress and egress for the proposed subdivision will be located along Holland Road, with two secondary access points provided via proposed connections to the adjacent subdivisions via Blue Bonnet Drive and Holly Fern Drive. • As noted in Proffer 2, each home will contain a minimum of 2,200 square feet of living area for one-story dwellings and 2,500 square feet for two-story dwellings. All homes will feature at least a two -car garage, raised slab foundation, and a covered front porch. Exterior materials proposed include a brick or stone skirt, cementitious siding, LP Smartside or its equivalent, and high -quality architectural shingles. • A six -foot -tall freestanding sign with a masonry column and stacked stone base is proposed at the Holland Road entrance, with the required landscaping around the base as depicted. • To provide privacy between the adjacent subdivisions to the south and west of the parcel, a six-foot tall white vinyl fence is proposed. • Per Section 4.5 of the Subdivision Regulations, 8% of the site area shall be reserved as open space to serve residents of the residential development. The applicant is proposing 9% or 1.20 acres of open space with this development, thereby satisfying the open space requirement. A trail is proposed around the stormwater facility on the open space lot that fronts Holland Road. • The site is located within the 65-70 dB DNL, Sub -Area 2 of the Air Installations Compatible Use Zones (AICUZ). The Zoning Ordinance states that applications for rezonings for residential uses may be approved if they are at a density similar to or lower than that of surrounding properties and conform to the applicable provisions of the Comprehensive Plan. On September 20, 2023, the applicant met with the Joint Review Process (JRP) Group to discuss the proposed project. The proposed density of 2.56 units per acre is similar to that of the surrounding properties; therefore, the JRP Group did not raise any objections to this request. 2501 Holland Road, LLC Agenda Item 5 page 2 of 20 # Request 1 NON Approved 01/21/2024 MDC Approved 10/06/2015 MDC Approved 08/09/2011 2 MDC Approved 08/25/2009 CUP (Church Expansion) Approved 02/23/1999 CUP (Church) Approved 11/18/1997 CUP (Church) Approved 07/11/1995 3 CUP (Animal Hospital Addition) Approved 11/23/1993 4 SVR Approved 04/14/1992 5 REZ Approved 06/23/1986 REZ Approved 11/21/1983 6 LUP Approved 02/21/1989 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions 6 P rl �yo rP PF MDP: Modification of Proffers NON: Nonconforming Use STC: Street Closure FVR: Floodplain Variance ALT Alternative Compliance SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental The proposed Conditional Rezoning from AG-1 & AG-2 Agricultural District to Conditional R-10 Residential District to develop a 33-lot single-family subdivision is, in Staff's opinion, acceptable. The proposed density of 2.56 units per acre is consistent with that of the surrounding area, which ranges between 2.5 to 3.86 units per acre. As determined by the JRP Group, the proposed density meets the requirement of the AICUZ regulations for residential development within the 65-70 dB DNL, Sub -Area 2. The proposal also meets the recommendation of the Comprehensive Plans for compatible development to maintain "great neighborhoods". A stormwater analysis was submitted as recommended by the Comprehensive Plan since the site is located in the Southern Rivers Watershed. The proffered conceptual master plan shows a stormwater retention pond at the front of the proposed development along Holland Road. Staff has reviewed the conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and no concerns were raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. 2501 Holland Road, LLC Agenda Item 5 page 3 of 20 Additionally, information provided by the Virginia Beach City Public Schools Staff indicates that the affected elementary and high school are under capacity and the affected middle school is over capacity by less than one hundred (100) students which falls within the acceptable range of +/- 10% capacity. The additional students generated with this development will be within the acceptable threshold for increases in student population. Based on these considerations, Staff recommends approval of the request as proffered. 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 developed and landscaped, it shall have the entrance, neighborhood identification sign, street layout, landscaping, sidewalks, and connected trail and open spaces, substantially as depicted and described on the exhibits entitled, "Holly Grove at Princess Anne Conceptual Master Plan Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 and "Holly Grove at Princess Anne Conceptual Entry Feature Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development (the "Conceptual Subdivision Plan" and "Conceptual Entry Feature") and are incorporated herein by this reference. Proffer 2 When the Property is developed, it will be subdivided into no more than thirty-three (33) single family residential building lots each having a minimum of 10,000 square feet of area. The thirty-three (33) new homes will be built with a raised slab foundation with a minimum 18 inches of freeboard and a brick or stone skirt. Each home will contain a minimum of 2,200 square feet of living area for a one story dwelling and 2,500 square feet of living area for a two story dwelling. Each home shall have no less than a two (2) car garage and a covered front porch with the primary exterior covering of cementitious siding (e.g. "Nardi -Plank"), LP Smartside or its equivalent and high quality architectural shingles [ no three (3) tab shingles permitted]. The homes shall utilize the design elements and architectural features substantially as depicted on the seven (7) pictorial exhibits designated "Holly Grove at Princess Anne" (#1 through #7), which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (the "Quality Home Depictions"). 2501 Holland Road, LLC Agenda Item 5 page 4 of 20 Proffer 3 When the Property is developed, the 6' PVC perimeter fence along the northwest and southwest boundary as designated on the Conceptual Subdivision Plan shall be substantially as depicted and described on the "Holly Grove at Princess Anne Fence Exhibit", dated 2-25-25 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development and is incorporated by reference (the "Fence Exhibit"). Proffer 4 When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all open space areas and landscaping therein, the entrance feature signage and landscaping and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open space areas shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. Proffer 5 When the Subdivision Plat and Subdivision Construction Plans are submitted, 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 6 Further conditions may be required by the Grantee during detailed Subdivision and/ or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. This project is located within the Suburban Area, specifically in Suburban Focus Area (SFA) 2.3 — South Holland, as designated in the Comprehensive Plan. According to the Plan (p. 1-60), neighborhoods are defined as cohesive areas with predominantly residential uses that share common physical, social, and economic characteristics. Recommendations for SFA 2.3 (p. 1-79) support single-family residential development with a maximum overall density not to exceed four units per acre, consistent with the AICUZ Overlay Ordinance. The Plan also advises that no roadway access be provided from the South Holland Subarea to the adjacent Princess Anne Crossing neighborhood. Additionally, site and building design should complement the Municipal Center to the south and incorporate open space and mature tree preservation, along with significant landscaping, in accordance with guidance on p. 1-75 of the Policy Document. 2501 Holland Road, LLC Agenda Item 5 page 5 of 20 The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Holland Road 18,700 ADT' 3 1, 100 ADT 1(LOS ° "D") Existing Zoning —139 ADT based on 12.87 acre AG-1/AG-2 parcel Proposed Land Use 3- 330 ADT ' Average Daily Trips 2As defined by a 3As defined by 33 'LOS = Level of single-family home single-family homes Service Master Transportation Plan (MTP) and CapitalImprovement Program (CIP) Holland Road is a four -lane suburban minor arterial. There are no Capital Improvement Program projects in the area of this site. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Project Stormwater Design Staff Summary Stormwater runoff from the project site currently flows east towards the public drainage system along Holland Road. Stormwater runoff from the proposed residential lots and right-of-way improvements will be collected into a stormwater wet pond that will treat for both water quality and water quantity before discharging into the public drainage system. Adequately sized public drainage, access and maintenance easements will be provided around the stormwater management facility. Based on the information provided by Development Services Group Inc. 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: 12.87 acres 2501 Holland Road, LLC Agenda Item 5 page 6 of 20 Pre -Development impervious area: 0.23 acres Post -Development impervious area: 5.76 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 directly into the public drainage system along Holland Road. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains east through the public drainage system along Holland Road and into West Neck Creek. West Neck Creek ultimately drains into the North Landing River, through the Currituck Sound and into the Atlantic Ocean. Water City water mains designed to Public Utilities Standards must be extended to serve the proposed development. Each single-family lot must be individually served by an exclusive water service line and meter. There is an existing 16-inch City water transmission main along Holland Road. There is an existing eight -inch City water main along Blue Bonnet Drive with an eight -inch stub extended to the property. There is an eight -inch City main water main along Holly Fern Drive with an eight -inch stub extended to the property. Sewer City sanitary sewer gravity mains designed to Public Utilities Standards must be extended to serve the proposed development. Each single-family lot must be individually served by an exclusive sanitary sewer lateral and cleanout. There is an existing 12-inch City sanitary sewer gravity main along Holland Road with an eight -inch stub extended to the property. There is an existing 10-inch City sanitary sewer force main along Holland Road. There is an existing 12-inch City sanitary sewer gravity main along Blue Bonnet Drive with a 12- inch stub extended to the property. School Current Enrollment Capacity Generation 1 Change 2 Christopher Farms Elementary 618 students 664 students 8 students 8 students Princess Anne Middle 1,350 students 1,261 students 5 students 5 students Kellam High 1,827 students 2,049 students 7 students 7 students 1 "Generation" represents the number of students the development will add to the school. 2501 Holland Road, LLC Agenda Item 5 page 7 of 20 2 "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). Planning Commission • The applicant met with the President of the Christopher Farms [strikethrough] Givie League [end strikethrough] Homeowner's Association on April 3, 2025 and the Princess Anne Crossing Civic League on April 9, 2025 to discuss the application. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. 2501 Holland Road, LLC Agenda Item 5 page 8 of 20 ra V) U*) 4-J ru to ru 0 u I 2501 Holland Road, LLC Agenda Item 5 page 9 of 20 ,'4(� `f' Ure at izn�r 'r-4uze fence C%K"ct 6' Vinyl Privacy Fence with Woodgrain Texture in Earthen Tone 2-25-25 2501 Holland Road, LLC Agenda Item 5 page 10 of 20 2501 Holland Road, LLC Agenda Item 5 page 11 of 20 �/_OD- /,�---- -tom • �� ./ -l�� j1 &* 9,w& at `7��r -4ne # 2 2501 Holland Road, LLC Agenda Item 5 page 12 of 20 JI&* 91zwe -0 3 2501 Holland Road, LLC Agenda Item 5 page 13 of 20 osed Architectural Building Renderings W4 �c IX R tt f 2501 Holland Road, LLC Agenda Item 5 page 15 of 20 li { •J �"+ r w�h A f s 1 tq� i .IIIC�� y 2501 Holland Road, LLC Agenda Item 5 page 16 of 20 �• � �� 7*+1� T' ter_ � _ . �. � 2501 Holland Road, LLC Agenda Item 5 page 17 of 20 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. APPLICANT INFORMATION Applicant Name: as listed on application 2501 Holland Road, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? YesQ No0 d no, Propeth- 0wrermuQ cornpie-teSt(7iON 2. PROPERIYOWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes No0 If yes, name Representative R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P.C. Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent- subsidiary' or affiliated business entity` relationship with the applicant. (Attach list if necessary.) Jonathan D. Wetherington, sole member/manager Does the subject property have a proposed or pending purchaser? Yes U 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? Yeso No0 i/ u+7�� tht r�)!it ion �,rniliirrytr, nr,,i ai�uibe the nil;ir (• i,+ tlirr rtr'r%'>t. 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 most be identificn. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, O cross -col lateral ization, etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y -2024 page 1 of 3 2501 Holland Road, LLC Agenda Item 5 page 18 of 20 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual T 0 Accountingaax Return Preparation Architect/Designer/landscape O O Melissa Venable, Land Planning Solutions Architect/Land Planner Construction Contractor @ 0 Jonathan D, Wetherington, Wetherington Homes, Inc. Engineer/Surveyor/Agent e 0 Gary Frank, DSG O O R. Edward Bourdon. Jr, Esq., Sykes, Bourdon, Ahern d Levy, P.0 Legal Services 1 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, I 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. 2501 Holland Road, LLC Jonathan D. Wetherington, Sole Member , t� k L ^ Applicant Name (Print) Applicant Signature D to J "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 shored 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 some 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 o regular basis; or there is otherwise a close working relationship between the entities." See .Stwe and I oral Government Cnn(lict of Interests Act, Va. Code § 2.2-3101, FOR CITY USE ONLY: No changes as of (date): -529 2025 _ Alexis Bailey 4&4n a. 9-Cadgdd e 615/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 2501 Holland Road, LLC Agenda Item 5 page 19 of 20 • 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. 2501 Holland Road, LLC Agenda Item 5 page 20 of 20 2501 HOLLAND ROAD, 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 261 day of February, 2025, by and between 2501 HOLLAND ROAD, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land located in District #2 of the City of Virginia Beach, containing approximately 13.9 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor 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 the AG-1 and AG-2 Agricultural Districts to the 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 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-86-0698-0000 Prepared by: R. Edward Bourdon, Jr., Esq. - VSB #22160 Sykes, Bourdon, Ahem & Levy, P.C. 4429 Bonney Road Suite 500 Virginia Beach, Virginia 23462 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 a part 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 quid Qro quo 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 Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, street layout, street design, landscaping, sidewalks and connected trail and open spaces, substantially as depicted and described on the exhibits entitled, "Holly Grove at Princess Anne Conceptual Master Plan Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25, and "Holly Grove at Princess Anne Conceptual Details Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development (the "Conceptual Subdivision Plan" and "Conceptual Entry Feature") and are incorporated herein by this reference. 2. When the Property is developed, it will be subdivided into no more than thirty- three (33) single family residential building lots each having a minimum of 10,000 square feet of area. The thirty-three (33) new homes will be built with a raised slab foundation with a minimum 18 inches of freeboard and a brick or stone skirt. Each home will contain a minimum of 2,200 square feet of living area for a one story dwelling and 2,500 square feet of living area for a two story dwelling. Each home shall have no less than a two (2) car garage and a covered front porch with the primary exterior covering of cementitious siding (e.g. "Hardi-Plank"), LP Smartside or 2 its equivalent and high quality architectural shingles [no three (3) tab shingles permitted]. The homes shall utilize the design elements and architectural features substantially as depicted on the seven (7) pictorial exhibits designated "Holly Grove at Princess Anne" (#1 through #7), which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (the "Quality Home Depictions"). 3. When the Property is developed, the 6' PVC perimeter fence along the northwest and southwest boundary as designated on the Conceptual Subdivision Plan shall be substantially as depicted and described on the "Holly Grove at Princess Anne Fence Exhibit", dated 2-25-25 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development and is incorporated herein by reference (the "Fence Exhibit"). 4. When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all open space areas and landscaping therein, the entrance feature signage and landscaping and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open space areas shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. 5. When the Subdivision Plat and Subdivision Construction Plans are submitted, 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. 6. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan 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 3 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 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions 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 Grantor 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 Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: 2501 Holland Road, LLC, a Virginia limited liability company BY ---�' � (SEAL) Jon than D. Wetherington, Sole Mem r STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 261 day of February, 2025, by Jonathan D. Wetherington, Sole Member of 2501 Holland Road, LLC, a Virginia limited liability company, Grantor. otary Public My Commission Expires: August 31, 2026 �41, •,...•••-••••., 9 Notary Registration Number:192628 ADO J 'o j cOMz;ti �, c0 113 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and more particularly bounded and described as: Running in a tie line from an iron pin located at the Northeast intersection of the proposed Indian River -Courthouse Road and its intersection with the North line of a 66 foot Virginia Electric and Power Company right-of-way and thence running North 44 degrees 30' 34" West a distance of 1115.52 feet to a point; thence running North 45 degrees 29' 26" East a distance of 1272.06 feet to a point; thence North 45 degrees 1' 44" West a distance of 178.76 feet to the point of beginning; thence North 44 degrees 58' 16" East a distance of 564.90 feet to a point; thence North 39 degrees 16' 10" East a distance of 577.81 feet to a point on Holland Road; thence along the arc of a curve a distance of 102.56 feet to a point, said arc having a radius of 310.06 feet deflecting to the West; thence North 48 degrees 35' 24" West along Holland Road a distance of 409.63 feet to a point; thence South 44 degrees 6' 50" West down the centerline of a hedgerow a distance of 637.31 feet to a point located in the center of an old 48-inch oak stump; thence South 29 degrees 39' S0" West a distance of 59.16 feet to a point; thence South 44 degrees 15' 00" West down the centerline of a ditch a distance of 430.66 feet to a point; thence South 45 degrees 1' 44" East down the centerline of a ditch a distance of 537.27 feet to the point of beginning. LESS, SAVE AND EXCEPT the property conveyed to the City of Virginia Beach by Deed of Bargain and Sale dated September 13, 1977 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1706, at Page 304. LESS, SAVE AND EXCEPT the property conveyed to the Commonwealth of Virginia by deed dated June 16, 2009 and duly recorded in the aforesaid Clerk's Office as Instrument Number 20090904001051860. GPIN: 1494-86-0698-0000 H:\AM\'Conditional Rezoning\-2501 Holland Road\Proffer Agreement.docx 0 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #5 2501 HOLLAND ROAD, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item #5, 2501 Holland Road, LLC. We have three speakers. Mr. Bourdon: Alright, for the record, Eddie Bourdon, Virginia Beach attorney representing 2501 Holland Road, LLC, Jonathan Wetherington, who is the principal in the applicant and will be the developer and builder of the homes in this community is with us. This application is consistent with every aspect of our comprehensive plan, and it provides for 33 much needed residential dwelling units, and it is consistent with our agreement, our memorandum of understanding with the Navy in terms of the density. It is less than the density of the adjacent properties but it is very much in keeping with those densities. The staff recommendation for approval is very unequivocal. There's not aware of any issues. The existing neighbors have been discussed with Christopher Farms with the president of the Civic League many weeks ago, and the adjacent neighbors to the West have met directly Mr. Wetherington. The access meets all of our requirements along Holland Road. Again, it's completely consistent with the pattern of development and it is been a number of years since anything else has developed on this small little piece that's left undeveloped. The longer we wait, the more likely it'll be, greater density except for the Navy. That's the protection here, because we've already seen that play out just to the west of this property. So I will be happy to answer any questions. The question I heard this morning about the fence, it is a maintenance free vinyl fence and it will be available for the adjacent property owners to those that have fences to take their fence down, and utilize it. It'll be maintained by the mandatory membership Homeowners Association for the neighborhood, and it can absolutely be beige or brown rather than, apparently, there was some conversation about being white. It doesn't have to be. I don't think, we don't think black's a very appropriate color, but I think a beige fence, or a brown earth tone color would be perfectly fine. I think that's what the neighboring properties would appreciate. We don't want to have two fences, if we can avoid two fences. I would also note that along the boundary with Christopher Farms, the way our lots lay out, the depth of the lot adjoins the houses to the north. So you actually have one house occupying space behind two houses in Christopher Farms. In doing this for all these many years, that's oftentimes a concern that somebody's gonna have two houses behind their house and they don't like that. Well, the existing houses are gonna have, only one house behind basically two, which is, you know, I think a better situation in the eyes of most existing homeowners that would've bought a new development. Other than that, I will be happy to answer any questions you may have. Ms. Cuellar: Do we have any questions for the speaker? Thank you very much. Clerk: Our first speaker is Ken McSpadden. Ms. Cuellar: Hello. Please state your name for the record. Mr. McSpadden: Well, first off, good afternoon, Madam Chair and members of the Planning Commission. My name is Ken McSpadden. In general, we support, Mr. Wetherington's changes as he would rather have or we would rather have homes and not apartments like Silo 1 and Silo 2, don't want to go there again. My yard backs up directly to this property as part of Princess Anne Crossing. The concerns our neighbors have expressed so far is the plans that we have discussed with the developers show Holly Fern Road or Drive becomes a potential cut through from Holland and Nimmo Intersection. So that would significantly increase the traffic through our area. We have a park that's Christopher Farm and Princess Anne Crossing both use, if you've seen anybody go through some of these neighborhoods trying to get to like Princess Anne from Holland, it would go pretty fast. So not sure how you're gonna handle that. Access to this new neighborhood by emergency vehicles is gonna be limited. Station 21 will have to enter through Christopher Farm Drive and then through Blue Bonnet, which is the second entrance there. So there is gonna be a median that's on Holland right now that will need to be gotten around somehow. They're gonna either have to make a U-turn or go down to Christopher Farm's main entrance and then come through. Station five would have to cut through on Curry Cone Court and then blast on through Princess Anne in order to get to Holly Fern and then come on in through that way. So those are a couple of things that we really need to think about as Silo 2 thought not to think about the emergency vehicles, and they found that now that's a hard, it's a rock and a hard spot for them to try and figure out how they're gonna get around it. Other than that, generally speaking, we support this endeavor, and we've already met with Mr. Wetherington and it was, it was a very good meeting, so we had a good time. Thank you. Ms. Cuellar: Thank you very much. Just pause for a moment in case the Commissioners have a question. Mr. McSpadden: No, they wouldn't have a question. Ms. Cuellar: Any questions? Not today, Mr. McSpadden, thank you for coming out. Clerk: Our next speaker is Maria Carida, followed by our last speaker, Bob Longworth. Ms. Cuellar: Please state your name for the record. Ms. Carida: My name is Maria Carida. I live in this house for 32 years, and I'm very disappointed. They want to open the road to come through our neighbor and, I apologize for my English. I'm Italian. So we are very upset, very upset because you know, watch the horses, beautiful view, we used to for long time with my children, my grandchildren go over there, watch the horses, and now they want to put up apartments or houses, I don't know, but they no got to come through our neighbor, the traffic. I think it's very wrong. Ms. Cuellar: Thank you very much for coming out today. Does anybody have any questions? Wait, there's a question. Mr. Plumlee: Where's your house? Can you see that map? Ms. Carida: The last one. When you come on Holland Road, the last one before old place over here. My house is for 32 years. Any other questions? Clerk: Our last and final speaker is Bob Longworth. Mr. Longworth: Good afternoon folks. My name is Bob Longworth, L-O-N-G-W-O-R-T-H. I am a resident of Holland Woods, resident since 1993 of Lapstone Court. You can see in the lower right corner, it looks like two swimming pools. Those are across the street in my neighbor's yard. So that's where we live. My concern in the reason I oppose of this is the traffic. In the 32 years we've lived there, we've seen such an increase of traffic on Holland Road, particularly when they raised the road and opened it up. It's very difficult for us to get out of Holland Woods development of 82 homes that we have early in the morning or the evening. It is really horrendous and it's getting worse. As well as the speed limit is 35 and nobody adheres to it. Now the police have done a great job out there. They've had speed traps out there by the church and by Princess Anne Veterinarian, but that is our concern is the traffic. It's quite heavy. Plus we also get traffic from Rolling Woods that have to come out and make a U-turn in order to head this direction because there's no cut in the median by Rolling Woods, which has a school down there as well. So that is our objection. We appreciate the fact that they are homes and not condos. I do appreciate the fact to see the retention pond because since Holland Road was raised, we have more issues with storm water in our development. The water comes off of Holland Road, down Creek Stone into us. And just like the last couple of days with this heavy rain, we've had lawn -to -lawn curb -to -curb of water. It takes about five minutes to drain. Plus the retention pond at the end of Lapstone Court has never gone above its banks until that road was raised, and the city is aware of that and it has gone up about a foot. So I was concerned about the storm water, that if it was connected any way to ours across the street, we would have an issue. But again, my issue was the traffic and on the Holland Road, it is quite heavy right now, getting in and out. With that, I thank you all very much. Ms. Cuellar: Thank you Mr. Longworth. Pause for one moment. Are there any questions from commissioners? Commissioner Plumlee? Mr. Plumlee: So the BMP that is there, planned to be there, do we know, and this is I think a question for staff, will this take offsite drainage at all? Do we know? Ms. Bookholt: The BMP that's planned for this development will serve just this development, if there's any drainage that's naturally occurring, then it will also accept that drainage. Mr. Plumlee: So it could take some drainage from the roadway adjacent? Ms. Bookholt: If it's currently draining that way, then the BMP will accept it. Mr. Plumlee: Okay. Alright. Thank you. Mr. Longworth: Yeah. If I may add, what happened was when the road is raised, the water comes down Creekstone Court, which is the road to come into our development. The way it's graded, it comes down then to our street Lapstone and we only have so many storm drains there, and the city has noticed that, but nothing has been done, but we get that extra water coming off of Holland Road and that's the increase. It's not a hydro designed right. Ms. Cuellar: Okay. Thank you Mr. Longworth. Madam Clerk. Are there any more speakers? Clerk: There are no other speakers. Thank you. Ms. Cuellar: Mr. Bourdon. Mr. Bourdon: I'll endeavor to be brief. Is their neighborhood entrances further to the south? Not, it's not. What appears, what's the cross from the entrance to this neighborhood, which has no median break and there won't be one, that's the entrance to a pump station. Their neighborhood entrance is further to the south and there is a median break there, which explains his point about people from the next neighborhood south of theirs coming through theirs to get out because he has a medium break. This neighborhood isn't going to affect the traffic pattern in his neighborhood, and the 35 mile an hour speed limit is because it's a residential area. This is a residential development in keeping with the density of the rest of the area. Again, meets all the, the comp plan requirements and the stormwater requirements, which are much greater now than when any of these other neighborhoods were created many years ago. The first gentleman who spoke, Ken talked about a cut through to Nimmo, and there's no connection in either neighborhood to Nimmo. There is a cut. I mean, it, it's really, you got to go up and around, but there is an access to Princess Anne Crossings from Princess Anne Road. I guess it is Princess Ann Nimmo, the five mile stretch, but it's certainly not a, it doesn't, it's not gonna get anybody to this neighborhood any quicker, that's for sure. Unless they happen to be on Princess Anne Road, then maybe there may be a car or two. But similarly, somebody in their neighborhood who wants to get a Holland Road will come through this. That's why we have connections to neighborhoods, and this is not a large neighborhood at all. I appreciate the kind comments about the, you know, the neighborhood being a good fit because it is a good fit, and the people in Princess Anne crossings, like I said before, two, basically, they're not looking at two houses behind them at all. So it's a very compatible fit. I am happy to answer any questions. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: Mr. Bourdon. This 2501 Holland Road, LLC is Mr. Wetherington's own LLC, and he is the builder. He's met with folks, he's explained that these are his elevations. This is what he will be constructing. Is that all accurate? Mr. Bourdon: That was all completely accurate. Mr. Plumlee: And is he here today? Mr. Bourdon: Yes he is. Mr. Plumlee: Okay, I'm just gonna ask him, can we build these things, you know, we need them. I mean, we get them approved and then they sit there and we don't always see them. People need places to live. They need places to live. Thank you. Ms. Cuellar: Thank you. I'd now like to open up the floor for a motion and discussion. Mr. Plumlee: I'll move to approve this application as submitted. Ms. Hippen: Second. Ms. Cuellar: Motion for approval. Seconded by Commissioner Hippen. Is there any further discussion? Clerk: The vote is open. By a recorded vote of 1 I to 0, item #5, 2501 Holland Road, LLC has been recommended for approval. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers Proffer 1: When the Property is developed and landscaped, it shall have the entrance, neighborhood identification sign, street layout, landscaping, sidewalks, and connected trail and open spaces, substantially as depicted and described on the exhibits entitled, "Holly Grove at Princess Anne Conceptual Master Plan Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 and "Holly Grove at Princess Anne Conceptual Entry Feature Virginia Beach, Virginia", dated January 10, 2025, Rev. 4.17.25 prepared by Land Planning Solutions, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development (the "Conceptual Subdivision Plan" and "Conceptual Entry Feature") and are incorporated herein by this reference. Proffer 2: When the Property is developed, it will be subdivided into no more than thirty-three (33) single family residential building lots each having a minimum of 10,000 square feet of area. The thirty- three (33) new homes will be built with a raised slab foundation with a minimum 18 inches of freeboard and a brick or stone skirt. Each home will contain a minimum of 2,200 square feet of living area for a one story dwelling and 2,500 square feet of living area for a two story dwelling. Each home shall have no less than a two (2) car garage and a covered front porch with the primary exterior covering of cementitious siding (e.g. "Nardi -Plank"), LP Smartside or its equivalent and high quality architectural shingles [ no three (3) tab shingles permitted]. The homes shall utilize the design elements and architectural features substantially as depicted on the seven (7) pictorial exhibits designated "Holly Grove at Princess Anne" (#1 through #7), which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (the "Quality Home Depictions"). Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all open space areas and landscaping therein, the entrance feature signage and landscaping and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open space areas shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. Proffer 4: When the Subdivision Plat and Subdivision Construction Plans are submitted, 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 and/ or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. From: Michael Husnay To: Alexis Bailey Subject: 2501 Holland Road LLC Date: Wednesday, May 14, 2025 5:49:27 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Bailey, will there ever be any green space left in Virginia Beach ? Increased traffic on Holland road and detrimental unsightly housing developments in this neighborhood are not needed. Please help stop this from happening. Thank you. Michael Husnay 1709 Hammerstone Ct. �7ai�e cct .PASS �r�u�e feytC,� pia i�low 6' Vinyl Privacy Fence with Woodgrain Texture in Earthen Tone 2-25-25 B2 T�, 11 \2\ — ____ Southern Ro—ulevard or O2 E:1 02 �o02� e R5D �yo jj � 02 � N ® site BT Associates, LLC WWI: Property Polygons s Zoning ® 120 South Lynnhaven Road Building sommiz=Feet 012.55 50 75 100 125 150 }� h Jf yC ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BT ASSOCIATES, LLC [Applicant & Property Owner] Conditional Rezoning (0-2 Office District to B-2 Community Business District) and Conditional Use Permit (Bulk Storage Yard) for the property located at 120 S. Lynnhaven Road (GPIN 1497446076). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: June 17, 2025 ■ Background: The applicant is requesting a Conditional Rezoning as well as a Conditional Use Permit to operate a Bulk Storage Yard. The subject property is 0.7 acres and is zoned 0-2 Office District, which does not permit Bulk Storage Yards. The parcel also falls within the >75 dB AICUZ noise contour and within the Lynnhaven Strategic Growth Area (SGA). The applicant proposes to demolish the existing two-story office building to construct a larger parking lot to store new or fleet vehicles for the nearby Beach Ford dealership located at 2717 Virginia Beach Boulevard. No vehicle sales will occur at this location as all sales will continue to occur at the Beach Ford dealership. Site improvements include updated lighting, perimeter fencing, and Category VI landscaping. Additionally, the applicant proposes to install 5-foot-wide sidewalks along S. Lynnhaven Road, where none currently exist today. The sidewalks will connect from the southern boundary of the property to the future Virginia Beach Trail on the north side of the property. As proffered, Automobile Repair Garages and Automobile Service Stations are excluded as uses permitted on the site, ensuring that no repair activities will occur at this location. Vehicles will not be delivered to the site on vehicle haulers, rather they will be transferred individually to the site from Beach Ford. ■ Considerations: The property currently contains a two-story office building with a parking lot between the building and N. Lynnhaven Road as well as the former railroad right- of-way, programmed for the Virginia Beach Trail. The site is within the Lynnhaven Strategic Growth Area, the guiding principles for which focus on the reduction of automobile use and dependency, encouraging efficient land use, creating a compatible mix of uses, and offering a variety of transportation options. Since residential uses are not appropriate for this area due to the AICUZ high noise contour, a mix of commercial and office uses is envisioned. While the existing form of development does not align with the Comprehensive Plan, the office use is more BT Associates, LLC Page 2of5 in alignment with the recommendations of the SGA plan than the proposed bulk storage yard. While staff acknowledges the proposed site improvements, including the landscaping, fencing, lighting, and onsite security, since the use is not supported by the Comprehensive Plan, staff is recommending denial of the application. While the Planning Commission acknowledges the proposed use is not supported by the Comprehensive Plan, they were of the opinion that demolishing the existing structure creates a more favorable opportunity for future redevelopment consistent with the Comprehensive Plan's vision for the Lynnhaven SGA. In order to address safety concerns raised by the Planning Commission, specifically the potential for accidents between vehicles exiting the site and pedestrians and cyclists on the future trail, the applicant submitted a revised concept plan, dated 5/19/2025. The plan shows the fence and landscaping in the northwest corner of the site being moved and angled away from the street when looking north toward the future Virginia Beach Trail. The revised plan and proffers were submitted to staff on 5/23/2025 before the proffer deadline of 10 days before City Council. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion to recommend approval of these request by a recorded vote of 9-1. CONDITIONAL REZONING Proffer 1: When the Property is developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120" dated jaRwaFy 22, 2025 May 19, 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference ("Concept Plan"). At any one time, no more than two avians shall be kept on -site for rehabilitation. Proffer 2: When the Property is developed, there will be no enclosed buildings; the only impervious improvement will be a parking lot as depicted on the Concept Plan. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. BT Associates, LLC Page 3 of 5 Proffer 3: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises; said lighting and glare will be deflected, shaded, and focused away from all adjoining property to protect pedestrians and drivers from glare. Pursuant to Section 252 of the Zoning Ordinance, all outdoor lighting will be erected to a height not to exceed fourteen (14) feet, and will provide a safely lit parking lot removing blind spots at night-time as depicted in the photometric lighting plan by LSI dated February 3, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is hereby incorporated by reference. Proffer 4: When the Property is developed, the storage area as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six (6) feet in height that also has a sliding access gate for added security, and Category VI landscaping as per Section 228 of the Zoning Ordinance. Proffer 5: When the Property is developed, the Property will utilize Category VI landscaping, which will include evergreen shrubs or a combination of trees and shrubs, intended to better screen the proposed use from surrounding mixed uses. Proffer 6: When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. Proffer 7: When the Property is developed, the Grantor will store only new or fleet vehicles at the Property and will not store "used motor vehicles" as that term is defined in Virginia Code Section 46.2. Proffer 8: When the Property is developed, it will not be used as an Automobile Repair Establishment nor an Automobile Service Station, as those terms are defined in the Zoning Ordinance. Proffer 9: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit BT Associates, LLC Page 4 of 5 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120" dated danuaFy 22, 2025 May 19. 2025, prepared, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site and no sales shall take place on the subject property. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Hours of operation shall be between 8:00 a.m. to 8:00 p.m., daily. 5. Fencing material shall be limited to aluminum, vinyl, or a durable composite material. Wood and chain -link fences shall be prohibited. 6. No outdoor paging or loudspeaker system shall be permitted. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Section 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. 8. The installation of security gates across a fire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) REVISED Conceptual Site Plan dated 5.19.2025 BT Associates, LLC Page 5 of 5 Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning City Manager: J�w Department 4) Project Details Request Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District) Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Denial Staff Planner Michael Hayes Location 120 S. Lynnhaven Road GPIN 1497446076 Site Size 0.7 acres AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office/0-2 Office Surrounding Land Uses and Zoning Districts North Former Railroad Right-of-way, Southern Boulevard Office, Bulk Storage / B-2 Community Business, 1-1 Light Industrial District South Offices / 0-2 Office East Offices / 0-2 Office West S. Lynnhaven Road Office/ 0-2 Office %41 Ek%Cs F� R O Sk/N CS RO V1RG%%W HAVEN RD PINEWOOD DR THERN BLYD LYNNRIVER OR 264 ANSOL LA,N DEAN DR i ,d Eimer RD ELON DR N", yp_ 'Pp S LYNNHAV EN RD o�4p�s I_ BT Associates, LLC Agenda Items 6 & 7 page 1 of 15 • The applicant, BT Associates, LLC, is requesting to rezone an approximately 0.7-acre parcel from 0-2 Office District to Conditional B-2 Community Business District, as well as a Conditional Use Permit for a Bulk Storage Yard to store new vehicle inventory associated with the Beach Ford car dealership. • The property, located within the Lynnhaven Strategic Growth Area (SGA), is currently developed with an office building and an associated parking lot. • The existing building on the site is proposed to be demolished, with no new building to be erected. • The site will be used exclusively for the storage and parking of motor vehicles. Approximately 60 new or fleet vehicles will be stored on the property. No vehicle sales will take place at this location; all sales activities will be limited to the Beach Ford dealership currently operating at 2717 Virginia Beach Boulevard. The applicant has also explicitly proffered out Automobile Repair and Automobile Service Station uses, so repairs will not occur on this site. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be fully enclosed with a minimum six-foot tall solid fence in combination with Category VI landscaping. As depicted on the proffered Conceptual Site Plan, the applicant proposes to install a six-foot tall privacy fence to include a sliding access gate with Category VI landscaping proposed around the perimeter of the parking lot to satisfy this requirement. • The applicant intends to install lighting on the site to enhance safety and visibility. As recommended in Condition 6, all lighting installed on site must comply with the requirements of the Zoning Ordinance. The applicant also proposes to retain an off -duty police officer to patrol the property as an added security measure. • Additionally, the applicant proposes to install 5-foot-wide sidewalks along S. Lynnhaven Road, where none currently exist today. The sidewalks will connect from the southern boundary of the property to the future Virginia Beach Trail on the north side of the property. • Vehicles will be transferred to the site from the Beach Ford sales site at 2717 Virginia Beach Boulevard. • The property is located within the greater than 75 dB DNL noise zone. The proposed use as a Bulk Storage Yard is considered compatible with the noise zone, as set forth in Article 18 of the Zoning Ordinance. • Typical hours of operation for the Bulk Storage Yard will be from 8:00 a.m. to 8:00 p.m., daily. BT Associates, LLC Agenda Items 6 & 7 page 2 of 15 Map Key No. Request 1 CRZ (R-5D and 0-2 to Conditional 0- 2) Approved 09/11/2012 CUP (Wireless Communications 2 Tower) Approved 12/05/2006 CUP (Church Expansion) Approved 04/13/2004 3 CUP (Bulk Storage Yard) Approved 04/11/1995 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions MDP: Modification of Proffers NON: Nonconforming Use STC: Street Closure FVR: Floodploin Variance ALT.' Alternative Compliance 1' � n 3 SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental This proposal to conditionally rezone this property from 0-2 Office District to Conditional B-2 Community Business District, as well as a Conditional Use Permit to operate a Bulk Storage Yard at this location is, in Staff's opinion, not acceptable. The guiding principles for Strategic Growth Areas focus on the reduction of automobile use and dependency, encouraging efficient land use, creating a compatible mix of uses, and offering a variety of transportation options. As stated previously, the property is located in the Lynnhaven SGA Master Plan which envisions non- residential mixed uses in this area, more specifically retail and office commercial uses. This property, in particular, is considered to have significant potential for greater development that is supportive of transit, given its proximity to a potential transit station identified on the former railroad right-of-way, now the future Virginia Beach Trail, directly adjacent to this site. The site has been operating as an office use since the late 1970s, similar to and consistent with several businesses in the area. Replacing this use with a vehicle storage yard would be a departure from the Comprehensive Plan's vision for this area. Rezoning the property to B-2 Community Business District is considered an appropriate zoning classification for this area, as it would allow for a variety of uses that align with the vision of the Lynnhaven Strategic Growth Area Plan. However, a Bulk Storage Yard for automobile storage is not considered consistent with that vision. BT Associates, LLC Agenda Items 6 & 7 page 3 of 15 While the proposed use can operate safely at this location with appropriate lighting and screening, fundamentally, it is not an appropriate use given the recommendations of the Lynnhaven Strategic Growth Area (SGA) Plan. The site's location directly adjacent to the proposed Virginia Beach Trail provides an opportunity for an activated, pedestrian -oriented use. While the applicant is proposing to install a 5-foot-wide sidewalk along S Lynnhaven Road, the nature of the Bulk Storage Yard use is unsuitable for this location. As such, Staff recommends denial of this request to operate a Bulk Storage Yard on this site. Should the Planning Commission contemplate approval of these requests, the following proffers and conditions are provided for consideration. 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 developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120" dated jaRwaFy 22 2025 May 19 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference ("Concept Plan"). Proffer 2 When the Property is developed, there will be no enclosed buildings; the only impervious improvement will be a parking lot as depicted on the Concept Plan. Proffer 3 When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises; said lighting and glare will be deflected, shaded, and focused away from all adjoining property to protect pedestrians and drivers from glare. Pursuant to Section 252 of the Zoning Ordinance, all outdoor lighting will be erected to a height not to exceed fourteen (14) feet, and will provide a safely lit parking lot removing blind spots at night-time as depicted in the photometric lighting plan by LSI dated February 3, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is hereby incorporated by reference. Proffer 4 When the Property is developed, the storage area as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six (6) feet in height that also has a sliding access gate for added security, and Category VI landscaping as per Section 228 of the Zoning Ordinance. BT Associates, LLC Agenda Items 6 & 7 page 4 of 15 Proffer 5 When the Property is developed, the Property will utilize Category VI landscaping, which will include evergreen shrubs or a combination of trees and shrubs, intended to better screen the proposed use from surrounding mixed uses. Proffer 6 When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of- way. Proffer 7 When the Property is developed, the Grantor will store only new or fleet vehicles at the Property and will not store "used motor vehicles" as that term is defined in Virginia Code Section 46.2. Proffer 8 When the Property is developed, it will not be used as an Automobile Repair Establishment nor an Automobile Service Station, as those terms are defined in the Zoning Ordinance. Proffer Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNN HAVEN ROAD #120" dated jQ;,war-r22,'�9 May 19, 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The bulk storage shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site and no sales shall take place on the subject property. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Hours of operation shall be between 8:00 a.m. to 8:00 p.m., daily. 5. Fencing material shall be limited to aluminum, vinyl, or a durable composite material. Wood and chain -link fences shall be prohibited. 6. No outdoor paging or loudspeaker system shall be permitted. BT Associates, LLC Agenda Items 6 & 7 page 5 of 15 All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Section 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. 8. The installation of security gates across a fire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Comprehensive Plan identifies this site as being located within the Lynnhaven Strategic Growth Area (SGA). The Guiding Principles for Strategic Growth Areas focus on the reduction of automobile use and dependency, encouraging efficient use of land resources, creating compatible mix of uses, offering a range of transportation opportunities, and promoting transit -oriented development. (p. 1-6, Comprehensive Plan Policy Document) The Lynnhaven SGA Master Plan envisions this parcel as "non-residential mixed use" in the Land Use Plan and intends for the mix of uses to be retail and office. (p.46, Lynnhaven Strategic Growth Area Master Plan) The map on p.46 identifies the potential site of the transit station along the former railroad right-of-way, now the future Virginia Beach Trail, at Lynnhaven Road, directly adjacent to the subject site. Further, the Reference Handbook provides design policies and principles. This location is identified as an urban area where, "the goal within the urban environment is more ease and pleasure in walking and less need to use a car. Individual businesses need to be linked to the street, to the sidewalk, to bus stops, to neighborhoods, and each other". (p. B-1, Reference Handbook) Parking structures should be considered to minimize the amount of land area dedicated to parking. (p. B-2, Reference Handbook) Where site lighting is introduced, it should be designed to reduce light trespass and glare. (p. B-3, Reference Handbook) BT Associates, LLC Agenda Items 6 & 7 page 6 of 15 The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-130 ADT S. Lynnhaven Road 8,820 ADT' 12,600 ADT (LOS4 „D") Existing Zoning —128 ADT based .25 acre parcel zoned B-2 Proposed Land Use 3— No Data Available ' Average Trips per Day 2As defined by a 12,000 square foot office building 3No trip generation for a vehicle storage yard for an auto dealership 4LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This section of S. Lynnhaven Road is not identified in the MTP. The Virginia Beach Trail alignment is located adjacent on the north side of this parcel. Funding for the design and construction of this section of the trail, known as Phase 3, has not been allocated. Active Transportation Plan The Active Transportation Plan calls for the development of a shared use path along the former railroad right- of-way on the northern boundary of the subject property. water The site connects to City water. Sewer The site connects to City sanitary sewer. BT Associates, LLC Agenda Items 6 & 7 page 7 of 15 Planning Commission • An email was submitted on behalf of Lynnhaven Presbyterian Church, at 136 S. Lynnhaven Road, stating the church has no issues with the requested applications. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. BT Associates, LLC Agenda Items 6 & 7 page 8 of 15 M Bt]t.P ]tl —y �zeaaea�I E �'•Eg >e e 8a W 0 H K > M HSZUZ -Z. E= 0yE �Wfn a Vj fA�'JSy x � da SIM � hgui w��: ;� Y Q LL '-Z ql v� �f E ffix vda m RO y Wm C7 <� �{ t ♦z ear W U4j �� � � y3'rl � y � �tlff � Q gY � �� ��< � • cl BT Associates, LLC Agenda Items 6 & 7 page 9 of 15 p 141le 1 - 22 is �Hl BT Associates, LLC Agenda Items 6 & 7 page 10 of 15 rz E BT Associates, LLC Agenda Items 6 & 7 page 11 of 15 BT Associates, LLC Agenda Items 6 & 7 page 12 of 15 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 APPLICANT INFORMATION Applicant Name. - as listed on application BT Associates, LLC Is Applicant also the Owner of the subject property? Yes(-NoO If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yese Noo If yes, name Representative: Christopher A. Pocta and John Richardson, Wolcott Rhrem, P.C. is Applicant a corporation, partnership, Arm, business, test or unincorporated business? YesONOO If yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a parent- subsidiary' or affiliated business entity t relationship with the applicant. (Attach list If necessary.) Members and Managers: Thomas A. Barton, III and Robert H. Barton Affiliated Entity. Beach Ford, Inc., Thomas Frantz, Esq, R/A i Does the subJeet property have a proposed or pending purchaser? Yes Q 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. AN i SERViCLS DISCLC`SURE_ 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 entityan or lndhridual Financing (mortgage, deeds of trust, © O cross-collateralization, etc.) Real Estate Broker/Agent/Reakor (• O HSlay Lindsay and Commonwealth Commercial Disclosure Statement I rev. May-2024 page 1 of 3 BT Associates, LLC Agenda Items 6 & 7 page 13 of 15 SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation (F) O Pat Shular, Forvis Architect/Designer/Landscape Orbts Landscape Arteciun3 Architect/Land Planner Construction Contractor 0 ions Demolltion Engineer/Surveyor/Agent & 0 Jeffrey D. Williams, Rouse-Sirine Associates, Ltd Legal Services O O Christopher A. Pocte and John i7Chardson, Wdwtt, Rivers, Galen 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, I 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. Applicant Name (Print) Applicant Signature Date 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, (0) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shored 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 some 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. FOR CITY USE ONLY: No changes as of (date): 5/27/2025 Michael Hayes 6/4� 5/27/2025 Staff Name (Print) Staff Signaturq7 Date Disclosure Statement I rev. M a y-2024 page 2 of 3 BT Associates, LLC Agenda Items 6 & 7 page 14 of 15 • 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. BT Associates, LLC Agenda Items 6 & 7 page 15 of 15 BT ASSOCIATES, 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 oday of February, 2025, by and between BT ASSOCIATES, LLC, a Virginia limited liability company, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of the parcel of land located in the District 3 of the City of Virginia Beach, containing approximately 0.7 acres, as more particularly described as "Exhibit All attached hereto and incorporated herein by reference; (the "Property"); and WHEREAS, the Grantor 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 parcel of land within the Property from 02 (Office) District to Conditional B2 (Business) District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that 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 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's 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, GPIN NO.: 1497-44-6076-0000 Prepared by: Christopher A. Pocta, Esq. Wolcott Rivers Gates 200 Bendix Road Suite 300 Virginia Beach, VA 23452 Telephone: (757) 497-6633 Facsimile: (757 497-7267 in addition to the regulations provided for the Conditional B2 Zoning 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 a part 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, grantee, 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 or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claimed under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: l . When the Property is developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120 dated May 19, 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference ("Concept Plan'). 2. When the Property is developed, there will be no enclosed buildings; the only impervious improvement will be a parking lot as depicted on the Concept Plan. 3. When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises; said lighting and glare will be deflected, shaded, and focused away from all adjoining property to protect pedestrians and drivers from glare. Pursuant to Section 252 of the Zoning Ordinance, all outdoor lighting will be erected at a height not to exceed fourteen (14) feet, and will provide a safely lit parking lot removing blind spots at night-time as depicted in the photometric lighting plan by LSI dated February 3, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is hereby incorporated by reference. 2 4. When the Property is developed, the storage area as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six (6) feet in height that also has a sliding access gate for added security, and Category VI landscaping as per Section 228 of the Zoning Ordinance. 5. When the Property is developed, the Property will utilize Category VI landscaping, which will include evergreen shrubs or a combination of trees and shrubs, intended to better screen the proposed use from the surrounding mixed uses. 6. When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. 7. When the Property is developed, the Grantor will store only new or fleet vehicles at the Property and will not store "used motor vehicles" as that term is defined in Virginia Code Section 46.2. 8. When the Property is developed, it will not be used as an Automobile Repair Establishment nor an Automobile Service Station, as those terms are defined in the Zoning Ordinance. 9. Further conditions may be required by the Grantee during the detailed review of the Concept Plan and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and B2 (Business) Districts, and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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 the use of the Property is no longer used as a bulk storage yard, or 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 3 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 said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions 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 ensure compliance with such conditions, including mandatory or prohibitory jurisdiction, 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 Grantor 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 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 names of the Grantor and the Grantee. [Signature Page Follows] WITNESS the following signatures and seals: BT ASSOCIATES, LLC, a Virginia limited liability company ,;� Name: I-hoMA S A 134'nra J Title: rArF l ,b v"� STATE OF VIRGINIA D CITY/COUNTY OF -m 4 ! "� t Yy �1 r j t, to -wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that Ijlo_r j, A /sAri il, 7ZT' of BT Associates, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this -14 day of 6e4 t,-A y, 2025, who is personally known to me or has produced as identification. My Commission Expires: �Y 30) zez? My Commission Number:_ 60-j%#9d% 5 Notary Public IRIS VIOLETA CUEVAS Notary Public Commonwealth of Virginia Registration No. 00274967 My Commission Expires Sep 30, 2028 EXHIBIT A PARCEL I: ALL THAT certain lot, piece or parcel of land, situate and being in the City of Virginia Beach, Virginia, and known, numbered and described as Parcel A, as shown on the following plat: "Survey of Property of Ruth E. Tarter and Waldo M. Tarter, Showing exchange of property of Trustees of the Lynnhaven Presbyterian Church, Virginia Beach, Virginia, Scale: V = 30', January 23, 1961, Alton M. Butler, Surveyor, Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 52, Page 4; reference to which plat is hereby made for a more particular description of said property. PARCEL II: ALL THAT certain lot, piece or parcel of land, situate and being in the City of Virginia Beach and known, numbered and designated as "Ruth E. Tarter and Waldo M. Tarter, 0.380 ac (after change); as shown on the above referenced plat. PARCEL III: ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "Whitehurst, Site A" as shown on that certain plat entitled "Plan of Property Located at Lynnhaven in Princess Anne Co., VA" dated July 2, 1941, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 17, Page 56; reference to which plat is made for a more particular description of the said property conveyed. PARCEL IV: ALL THAT certain lot, piece or parcel of land, with the improvements thereon and furnishings therein, situate, lying and being at Lynnhaven, Lynnhaven Magisterial District, Princess Anne County, Virginia, now Virginia Beach, Virginia, and described according to a certain plat made by W. B. Gallup, County Surveyor, on July 2, 1941, and is designated on said plat as "J.G. Brown Site "B", which plat is made a part of the deed from F. M. Whitehurst to J.Q. Brown, et al, and described the property as follows: BEGINNING at a pipe in the Northwest corner of the property hereby conveyed, which said point of beginning is the intersection of the property hereby conveyed, which said point of beginning is the intersection of the property hereby conveyed, with the Northeast corner of Site "A" and the Southern edge of the right of way of the Norfolk -Southern Railroad Company's property; and which said point of beginning is 137.3 feet from the east side of Lynnhaven Road, and 0 running thence along the Southern edge of the Norfolk -Southern Railroad Company's right of way S82°30300" E, 165.5' to a pipe; thence turning and running along the property of Norfolk Southern Railroad S56°34'00"W, 84.37' to a pipe; thence turning and running along the property of Mills N82°30'00"W, 102. F to a point in the edge of other property of Carroll W. Kennedy & Associates, Inc.; thence turning and running along the edge of other property of Carroll W. Kennedy N730'00"E, 55.35' to a pipe, the point of beginning. Parcels 1, 11, III and IV collectively being shown on physical survey entitled "Physical Survey of Office Building located on South Lynnhaven Road, Virginia Beach, Virginia", said survey being made by Talbot & Associates, Ltd., FIELD BOOK: P.S. 38, P. 100; FILE NO. A-3-379 and being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 131, Page 31. Property Address: 120 S Lynnhaven Road, Virginia Beach, Virginia 23452 GPIN 1497-44-6076-0000 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #6 and 7 BT ASSOCIATES, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is items 6 and 7 BT Associates, LLC. Mr. Pocta: Good afternoon, Madam Chair, Mr. Vice Chair, members of the Planning Commission. My name is Chris Pocta. I'm a land use and zoning attorney with Walcott Rivers Gates here in Virginia Beach. It's a pleasure to represent the applicant in this matter, BT Associates, LLC. Along with me today is Mr. Tom Barton. He is the president of Beach Ford, an affiliate, business, but also an officer with the LLC representing the LLC today. You receive a lot of information in the informal and also leading up to this. I'll make my comment somewhat brief and then invite Mr. Barton up to speak to some, to his vision, and the business as well. A couple things I wanted to mention first about the property as this was discussed, some in the informal. First at present, there's a parking lot on this point seven acres. There's also a two-story office building that's vacant and according to observations, inspections, et cetera, it's not in very good condition. In fact, the business owner across the street told me he's eager to see it come down. So the building is going to be removed with or without this zoning application because there's an application that's been approved for demolishing of the building. So once that's done, it will be a parking lot, and only a parking lot on this property. Also, there's little to no landscaping at present. There's little lighting and little security that's all significant because as we engaged with the adjacent property owners, asked them, you know, for feedback, what they'd like to see if anything different from our plan. They mentioned over and over again, "Please make sure there's security component to this". So, we've increased security measures. There's going to be an off -duty police officer that also secures the Beach Ford dealership. He'll secure this as well. The fencing and the landscaping as well as the lighting is going to provide pretty enhanced security measures that aren't there now. It's a rezoning, it's also a use permit application. It's a rezoning from 0-2 to B-2. Most of the time that makes a sort of no difference or significance. But to most of the public, when you explain that this is a parking lot and you say it needs to be rezoned, they don't quite understand. I think that's significant here because it's being rezoned from office to business, and come on, you know, folks who have looked at this sort of in the neighborhood recognize that's a pretty similar zoning. I say that because there was some discussion earlier about, you know, most of the parcels being zoned 0-2. Well, if you look at this whole, property site adjacent to Lynnhaven and South Lynnhaven as a diamond, the bottom of it is B-2, cattycomer to -that is B-2 and across the former Norfolk Southern right of way that's 1-1. So it's actually a mixture of office, industrial and business. The staff and Mike Hayes has done a wonderful job. I worked with him some on some applications in Hampton, and I think we're blessed to have him here. I know that, and I respect him, and I know that his recommendation or staffs recommendation has been somewhat limited because of the 2012 SGA plan, but there are actually about five or six different plans that go into this area in this application. So our teams reviewed all of them. There's a Lynnhaven SGA, there's the existing Comp Plan, there's the draft Comp Plan, the outdoors plan, the shared use path concept study in the Active Transportation Plan. They don't all say the same thing. So there's some conflicting, there's some outdated measures in them. The 2012, SGA plan, which I know is referred to, it contemplates light rail or mass transit, some transit station there. As we know, subsequent to that, there was a referendum in the city where the light rail didn't pass. So staff, I understand they're sort of limited in basing their recommendation, on the 2012 Lynnhaven, SGA. But luckily here we can sort of see all of this comprehensively as far as a plan planning goes. But more so than that, the land use, the zoning aspect of it, we have a present business, that's not a new startup. This is a legacy generational business. I'm not going to ask for a show of hands, but I can guarantee at least 5 to 10 of us purchased our very first vehicles from that dealership. This business has thrived. They've invested in the community, and quite frankly at this point, they're out of parking and they have new jobs that they need to bring in. They built a new commercial repair facility that Mr. Barton will speak to, and that's going to potentially land them 50 new jobs, but those 50 new employees have nowhere to park. So, in order to actually have those jobs with residents filling them and being taxpayers in the city, we need more parking. The Beach Ford dealership needs more parking. So, they'll move new parking new vehicles over to this site to give way to these new employees to be able to park somewhere. Now they're limited, as was mentioned in the informal, they're limited due to DMV regulations to supplemental licensing as long as they stay within 500 yards of the existing dealership, and that's why they can't just pick up and go somewhere else with this need for parking. It has to stay within 500 yards of the campus for them. So, this site makes all the sense in the world to them. They own it and it is a parking lot. It'll increase aesthetics, security, and pedestrian access. So this is a point that's kind of gone unmentioned so far I wanted to bring up is that we're proffering to put in a sidewalk so that if and when VB trail or something like it goes past that site, I say something like it because the 2018 shared use path plan actually doesn't have it going by, but I know the city would like for it to. What it's going to do is it's going to be able to connect that path, so that folks can walk down South Lynnhaven, whether it's to church over at Grace Bible or whether it's to, you know, Lynnhaven Parkway to pick up the HRT. But this sidewalk will allow that to happen. That doesn't exist now. They're going to put that there. Then finally, as you consider this, and before I invite it, Mr. Barton, your draft comp plan, I know you're going to give some time to that and it incorporates all these different plans, some of which need to be updated. It says that a goal for the inland context area in which this is, is to retain existing and attract new industry businesses. I can't think of a more mainstay legacy existing business to retain than Beach Ford. This will allow them not only to retain their business and keep it here, but also to employ more people to work for this company and then also live in this city. So, with that, I'm going to invite, Mr. Barton to speak a bit more to the application. Ms. Cuellar: Thank you, Mr. Pocta. Welcome. Mr. Barton: Thank you. I'm Tom Barton, Beach Ford. Thank you, Chris. I'd like to thank the Planning Commission for considering this request. It's interesting to watch you all work. It's a pretty intense job at times, as I've learned today. But I also want to thank you for all the work you do on behalf of the city. This is a project that we've had in motion for quite some time. In late December, we completed construction of a 55,000 square foot building. It is by far the largest, most expensive building we've built between our two dealerships. It's called a Ford Pro Elite Center. Ford Motor Company is fortunate. We are fortunate as Ford dealers to have 45% of the commercial truck market in the United States. So, when we try to figure out how to allocate capital, do we go out and buy a smaller dealership or do we do this or that, or whatever? We thought it'd be best just to reinvest it back in what's already proven to be a good successful business. So having 45% of the commercial truck market, that means, you know, service vans, you see ambulances, bucket trucks, dump trucks, F250 pickups and up. It just gives us a lot more flexibility because our retail customer, which would be you all bringing your car to us, currently competes too much with our commercial customers. We need more square footage and capacity and heavier lifts and all that kind of stuff. So, we built this, built this building, and Ford has just had approved several years ago when we got into this, they're only approving 120 of these nationwide. So, they're pretty exclusive, I believe the closest one like it is in Richmond. So anyway, we intend to hire anywhere from 40 to 50 new employees. Many of these positions will be automotive technicians, which these days, once you become a line technician and you've completed your training, you're making $75 to well over a $100,000 annually. So, the really good jobs that we can retain here in Hampton Roads, and thank goodness, and this is maybe a little too much information, but thank goodness more and more young people are choosing to go to a vocational education instead of just a four-year liberal arts college. They're learning a skill and learning a trade that by the time they're 25 years old, they will have not paid for a dime of training since they were 18 or 19. That's on us, and they'll never have to the rest of their career. And, you know, ultimately, the brain surgeons of the Ford dealership technician ranks are called senior master technicians. Those are what we try to attract and recruit as much as we possibly can. We have 223 employees now, most of which can park in a monthly rented parking lot that Foundry Methodist Church allows us to use for six days out of the week. That's incredibly valuable. We also, anytime they tell us they want us to pave their parking lot or seal cracks or anything, we, we can't do it fast enough because it's so valuable to be able to use their parking lot. Ms. Cuellar: Pardon me, Mr. Barton. We have a time limit, but I'd like to give you just a couple more minutes if you have a point or two you'd like to address. Mr. Barton: Okay. We do 120 to 180 vehicles a day in our current service facility. A lot of those vehicles are carried over when we don't have the part, this and that, whatever. And that's also in addition to employee parking, when we carry over a car, we can't, we have to park it somewhere. So, it's just, it's just really getting crowded. We plan to improve the site, put in sidewalks, and we just really need some help with our parking, and that's all. Thank you all very much again. Ms. Cuellar: Thank you. If you would just standby in case a commissioner has a question. Mr. Plumlee? Mr. Plumlee: Mr. Barton, were there a couple of other points you wanted to address? Mr. Barton: Yes, I think, if the VB trail is built and becomes something, you all are gonna find this mildly humorous or maybe you won't, but why can't a car dealership, what if it's, synthetic fuels or what if it's vehicle running on hydrogen or like the latest craze with electric vehicles? People want to drive those things. Why couldn't I make that space something that you could benefit from if you're riding your bike from Town Center to the Oceanfront, why couldn't I have somebody out there? And why wouldn't somebody want to take a free test drive, maybe in just the coolest whizzbang mustang we ever made? I don't know. But I think people would do that and it would be a service to the community, and knowing the way we operate will probably end up with every test drive you take in our cool whizzbang Mustang, you get a free oil and filter change coupon. I don't know. But those are the kind of things that we would perhaps bring to the table should there be VB trail. Ms. Cuellar: Thank you. Commissioner Byler? Ms. Byler: Thank you for coming today, sir. There is no question that you and your family are a huge asset to Hampton Roads and certainly to Virginia Beach, and I appreciate your contributions from a personal level on your family and also in your business. So that goes, that's solid. However, I do believe in the VB Trail, but it's much bigger than the VB Trail. I would say to Mr. Pocta also, the VB Trail is only a small part of the city's land through there. There has been an area reserved for mass transit. Now, it may not be light rail, who knows what it will be, but I think it's a misstatement to say if it happens when it happens, the VB trail has already been funded. This is happening and it's important to the city, it's important to me as a Planning Commissioner. We have spent many, many hours and continue to work on the new comp plan. To say that they don't all exactly say the same thing is fair, but they all have the common theme that near that we need connectivity. We need things for walkers, and joggers, and bicyclists. We do not need bulk storage. So, the only way I can support this is if there's a time limit on it. Then at that time, you can come back before this body and say, either it's an inappropriate use and you need to convert it to something else, or if you are right and it never happens, then we'll extend it at that time. But that would be my position. So, my question to you is, have you given any thought to putting some time limit on this conditional use permit? Mr. Barton: I'm sorry, I should have said when as well back there on the bike path, I should have said if and when. I have given some thought to that, and with the amount of money that we're investing now to grow our business, we would be looking five years out, six years out, and we'd be trying to do some planning if that's the timeframe or whatever the timeframe is. But I think without this parking, my business is going to shrink and that will cost eventually jobs and employment and all that kind of stuff. I hate to go in that direction or suppose that that might happen. But, yeah, the DMV 500 yard rule that Chris spoke of is real, and it's relatively difficult to get an offsite license to have displays and whatnot. So, I just would ask the commission to appreciate the amount of money that we are spending to bring really good paying jobs or reasonable paying jobs to our community and keep the workforce here, and that's going to allow us to do it and not shrink our business. Ms. Hippen: Sir, I've got two questions. I wanted to make sure I heard either you or Mr. Pocta correctly. By the way, this is the first time I've seen you not on TV, too. Do you already own that property? Mr. Barton: We do. Ms. Hippen: Okay. Alright. That was question number one. Question number two, we talked about this in the informal session, and I wanted to bring it up here because looking at this area, and I'm familiar with the area as well. I'm sorry. I was over in Spain when I bought my first car, so it wasn't Ford, but I like to drive a Mustang. Okay. I see the landscaping that will face where the VB trail is, which is very important to a couple of our commissioners here. Are you willing to do more with that buffer to enhance the VB trail? Mr. Barton: Yes. If you look at our existing properly along, I guess it would be North Lynnhaven Road. There's a series of trees that were required when we expanded that, and this is 30 plus, 35 years ago when we paved that part of the land that we currently owned, and that was one of the, one of the things that we had intended on doing, but we got approval from the city and planted some trees and there's a grass area there where, where a lot of the politicians like to put their signs and whatnot. So that's mainly what that's used for, but yes, the answer would be yes. Ms. Hippen: Thank you. Mr. Parks: So, hearing Commissioner Byler's response and I think that was kind of the general consensus, and I'm not trying to speak for everybody, but would it be amenable to have a five-year type sunset clause to then come back before this Commission? Mr. Barton: I don't think so. I think, you know, we have now the third generation of my family entering the business, and I'm planning out more than just 10 years or five years for sure. You know, when we finished, I guess it would be 27 to 28 years ago, we completed our current service facility, which is 53,000 square feet, and we've outgrown that, and it seems like just yesterday we were tearing down our old shop that was the original Beach Ford shop that was built there in 1967. So, 20 years, and five years is nothing. It goes by really fast. With my son now entering the business and learning everything the hard way and all that, I want to preserve it for future growth and prosperity. Mr. Pocta: If I could speak a bit too to the time limitation request and also Ms. Byler's comments. First of all, I really respect Ms. Byler's not only opinion on this, but passion for the trail, and then also this type of use in the city. When I first reached out to Steve Lambert, who from the Planning Department is more or less the representative for the VB trail and some of its design, I asked him specifically about this corridor because, and Mr. Camp will correct me as soon as I'm wrong about this, but the current — Mr. Camp: Mr. Lambert works for the Parks and Rec Department. Mr. Pocta: So, the five phases or the five parts to the VB trail are each phases that have to be first funded, then designed, then built. Phase 1, which is what you had talked about in I think a previous dealership application had been or is funded and is in the process of design and construction. This specific stretch is likely according to conversations with Mr. Lambert, but then also, you know, my tour of the first phase of the trail, which Mr. Camp did a fabulous job conducting, is that this stretch will likely be the last phase, not numbered, but the last phase that's funded, designed, and constructed. That's really significant here when you're talking about timing, because for a few reasons. One, you have a present need for a business. They need to fill these jobs, they've built this facility, they need to fill these jobs, and they need the parking now. Not to correct Ms. Byer, but what I didn't mean to say is if and when the trail comes in, but if, and when the trail passes behind this site, the reason I say that is because as I mentioned, you've got six different plans that kind of work their way into this area. One of them is the only design on the books for this specific area. That's the 2018 shared use concept plan. I understand that the eventual trail right there may not mirror that, but that's the only design for that particular segment that you've got on the books. It doesn't have the trail running behind this site. That doesn't mean to say it won't, because when I talked further with Mr. Lambert, he said the preference for the city is going to be that they employ one of these new hawk signals and therefore it does make its way behind this site. But that's not determined yet. So it's undetermined. It's unclear how this trail will look right at this site that won't be determined until it's funded, and then designed, and then built. What does the funding depend upon, either federal, state, or local funds. It's not in the city's budget from last night. It could be in state or federal funds, but it's not yet. It doesn't mean to say none of this will come true, and hopefully in some capacity it does. I really hope it does personally. But that's not what you have before you now. We've got before you now as an existing business with a legacy of investing in this community with a need to provide more jobs in this community right now. So, we'd ask that you not put a time limit on it, whether that's 10 to 12 years, as Mr. Lambert says, this could be funded and designed and built, but instead you've got two options when it comes to time. You could impose something or you could let the market dictate what happens. So that's the request here, right, is that they've shown us, the market has shown us that Beach Ford is not only a good business to us in this city, but they've been a good business for several people to live, work and play here. We'd ask that you, you trust them to continue doing that and let the market dictate what does or what doesn't happen with this property at some point in the future. Ms. Cuellar: Thank you. Are there any other questions? Commissioner Camp? Mr. Camp: Thank you both gentlemen. Mr. Barton in particular, thank you for coming in person. It's easy to bring people. It's impressive to see the actual business owner here today, speaking on your own behalf. Of course, Mr. Pocta, thank you for being here as well, and thank you for coming on the educational walk that we did give. I think it benefits everybody to learn about these projects, how they're envisioned, how they may come about, and clearly you learned a lot. We learn a lot too all the time, and to that point, the listing of plans that you cited occurred over a period of years. With all of these topics we learn as we go along, a vision that may have been held in 2012 has been modified by other forms of transportation. In particular, you cite here the hawk signal. For those who don't understand, the hawk signal is a signal that allows a pedestrian or bicyclist to stop traffic with a red light on demand that wasn't permitted at the time that those other plans were developed. So, the only way to create a linear trail that would go past this general area would be to go to a crosswalk, a signalize intersection. There were no other choices other than build a bridge. Now that is a permissible way to handle a crossing a street, as you say, it may be utilized here, and we see that in phase 1 that is from Newtown to Town Center, which is currently under design, and I cite that because that's our best indication of what this thing may look like. It's the one being designed now. At Princess Anne Road just east of Newtown, there's a proposal to put one of these hawk signals, and that would've been an unthinkable place to cross that particular busy road at the time these other things are being envisioned. So, we're all learning, I guess what I'm saying by all of that is citing a collection of historical plans, yes, we're uncertain, but we do have an indication of what is probably going to happen when the day comes. To the point of today, could you clarify because it's news to me that the building currently on the site is going to come down regardless of whether this application is approved or not. Did I hear you correctly? Mr. Pocta: That's why I state all that. Mr. Barton confirmed that. Mr. Barton: Yeah, we're not sure about, well, we're sure of a couple things, how secure the building is, and how safe it is, and the age of it and the lack of upkeep, all that kind of stuff. Yeah, so that was our intent. Mr. Camp: Okay. Thank you for that clarification. Yes, because as I've thought about this, and certainly I've thought about the progression of time and funding as well as, you know, I've worked on this trail for a long period of time. It's not going to happen tomorrow. It's not going to happen in five years. It would take five years. We've learned from funding to design to build, so we're going to have the current state of affairs here for at least five years and likely longer. That said, the investment made to take that building off of this site and reduce it to a flat site to me actually aligns with the SGA plan. It aligns with a lot of possibilities for what could come in the future. I know that we can't drive cars on a pedestrian and bike path, but I appreciate your visioning of things that may come and none of us really know what all those might be. I appreciate that investment to the point that I am much more interested in this than plainly applying the plan as it's written. Because if we did that and left this legacy building on the site, now we have an expensive thing that gets in the way of realizing the plan's vision. So, your willingness to take us, I'll call it a half step, but it's a big half step in investing money and taking that building off the site. It says we are getting toward the objectives of the plan. The bulk storage is not aligned, that it's the wrong place for that particular use, but that said, we have a 12 and a half mile legacy industrial corridor, that's not going to change overnight. I can see areas where we're going to have a patchwork of uses along this on the safety point in what I'll call the northwest corner of your site. Did I hear correctly that the applicant is amenable to pulling that fence back so we have a better sight line from your exit point toward westbound users of the trail? Mr. Barton: Yes. Mr. Camp: Alright, very good. That completes my questions on this and I look forward to a motion from fellow commissioners. Thank you. Ms. Cuellar: Before we get to that, are there any additional questions for Mr. Barton or Mr. Pocta? Okay, thank you very much. Ms. Cuellar: Commissioner Anderson? Mr. Anderson: I'd like to make a motion to approve the application as submitted. Mr. Plumlee: Second. Ms. Cuellar: There's a motion on the floor for approval by Commissioner Anderson, second by Commissioner Plumlee. Mr. Plumlee: Can I address just a couple of issues before? Ms. Cuellar: Yes, Mr. Plumlee, you may for discussion. Mr. Plumlee: Just for discussion purposes, this is already a hardened site, fully capped. As Commissioner Camp pointed out, there's going be removal of an old structure that will benefit the vista along that area greatly. The applicant is going to install sidewalks, which will improve pedestrian access to that area. I think we've got other applications that will come along this line, but the fact that this is already capped and hardened is important. The fact that we have an ongoing concern of great importance to our community is important, and we need to address, these long- term plans that we want to shift to are laudable, but we've seen sometimes when we've needed not to comply. There was just two months ago, there was a dealership on the other side of the highway that was further away from the trail but was still within the SGA that we agreed to allow an expansion. I think it was the Hyundai dealership that we did it, fairly large rezoning of that parcel. So, there are times when we've deviated from the SGA. Last month we upheld an SGA and one of the reasons for that was that had been a gateway where we had fully expended city funds over a hundred million dollars for those improvements. Here we're in the infant stage of a plan that we will hopefully get to and we will move towards, but we have an immediate business concern that we're asked to address fairly, and so for those reasons, I want to support that motion. Ms. Cuellar: Thank you very much. Commissioner Camp? Mr. Camp: Well, I'll just say that normally I would be a strong supporter of the SGA plan, and I think I'm doing that by supporting this motion because of the removal of the legacy building. The safety factor has to be taken care of. They're amenable to doing that. We've talked about the screening. The applicant is amenable to doing that. That said, I don't view this as deviating from the SGA plan because that building will be gone. Ms. Cuellar: Thank you, commissioner. Commissioner Hippen? Ms. Hippen: Yes. I just wanted to add that, I like the fact that you were going to put in sidewalks that you're going to improve the buffer, and it seems to me that you are improving this, so you are being a good neighbor. One of the things, if you watch Planning Commission, I always ask about what the community thought. I appreciate the fact that you've talked to the businesses around there and you've, and you've talked to everyone, and that Beach Ford is going to be a good neighbor, and with that, I do support this. Ms. Cuellar: Thank you. We have a motion to approve, seconded by Commissioner Plumlee. The chair does support this motion for all the reasons stated, I believe we can coexist. Consistent messaging from our city council is supporting our businesses and the trail. Mr. Barton has shown his vision for that, and I believe he has consistently been a good neighbor to the city. So, if there's no other comment, excuse me, Commissioner Byler? Ms. Byler: It looks like I'm the lone descent. I do support this move for up to 10 years, but I don't support it long-term. I see the city investing in a future that does not include bulk storage along our VB trail, for lack of a better expression, because it will be more than the trail, but I certainly wish you good luck. Clerk: The vote is open. Ms. Cuellar: Commissioner Alcaraz had to step out. He had 02:15 appointment. Clerk: Thank you. By recorded vote of 9 to 1, item 6 and 7, BT Associates, LLC have been recommended for approval. Ms. Cuellar: Thank you very much. Vote Tally Commission Member AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Proffers Proffer 1 When the Property is developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120" dated January 22, 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference ("Concept Plan"). Proffer 2 When the Property is developed, there will be no enclosed buildings; the only impervious improvement will be a parking lot as depicted on the Concept Plan. Proffer 3 When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises; said lighting and glare will be deflected, shaded, and focused away from all adjoining property to protect pedestrians and drivers from glare. Pursuant to Section 252 of the Zoning Ordinance, all outdoor lighting will be erected to a height not to exceed fourteen (14) feet, and will provide a safely lit parking lot removing blind spots at night-time as depicted in the photometric lighting plan by LSI dated February 3, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is hereby incorporated by reference. Proffer 4 When the Property is developed, the storage area as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six (6) feet in height that also has a sliding access gate for added security, and Category VI landscaping as per Section 228 of the Zoning Ordinance. Proffer 5 When the Property is developed, the Property will utilize Category VI landscaping, which will include evergreen shrubs or a combination of trees and shrubs, intended to better screen the proposed use from surrounding mixed uses. Proffer 6 When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. Proffer 7 When the Property is developed, the Grantor will store only new or fleet vehicles at the Property and will not store "used motor vehicles" as that term is defined in Virginia Code Section 46.2. Proffer 8 When the Property is developed, it will not be used as an Automobile Repair Establishment nor an Automobile Service Station, as those terms are defined in the Zoning Ordinance. Proffer 9 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Conditional Use Permit 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF S. LYNNHAVEN ROAD #120" dated January 22, 2025, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site and no sales shall take place on the subject property. The loading and unloading of vehicles shall be prohibited within the public right- of-way. 4. Hours of operation shall be between 8:00 a.m. to 8:00 p.m., daily. 5. Fencing material shall be limited to aluminum, vinyl, or a durable composite material. Wood and chain -link fences shall be prohibited. 6. No outdoor paging or loudspeaker system shall be permitted. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Section 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. 8. The installation of security gates across a fire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: WardnotonI@)cox.net To: Michael D. Haves Cc: "Christopher A. Pocta" Subject: 120 S. Lynnhaven Road, C/U/P request Date: Monday, March 10, 2025 7:33:23 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. Good morning Mr. Hayes, On behalf of Lynnhaven Presbyterian Church located at 136 S. Lynnhaven Road we are aware of the request that has been submitted by Mr. Pocta and as Elder in charge of building and grounds I am writing to let you know we have no issues with the request. Thank you. Billy Garrington From: Harry Davis To: Michael D. Haves Cc: Christopher A. Pocta Subject: Proposal for 120 S Lynnhaven - Ford Vehicle Parking/Storage Date: Wednesday, May 7, 2025 7:58:18 AM Attachments: 0maae001.ono 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. Mike, I am writing to you today to provide feedback on the upcoming Conditional Use Permit review for the referenced project. I am the Managing Member of the LLC that owns the building directly across the street (109 South Lynnhaven Road) from the project. Chris Pocta, copied here, has engaged in discussions with me since the inception of the development and has been helpful in explaining the intent and also asking for my feedback. I do not have any objections to the plan if they proceed in the manner we have discussed at length. Please let me know if you have any questions. Harry L. Davis, III President (o) 757-422-2400 (c) 757-636-4400 ;' 6"' SUSSEX . TRANSFORMING THE INDUS i i CONCEPTUAL SITE LAYOUT PLAN OF S. LNrNNHA\/EN ROAD #120 VIROINIA BEACH, VIR&INIA Sh. A— & 0.70 AC GMN: 1497444076 billsift ZonkW 012 P zor*w W2 t3dssK Use: 011111101, Aaposad U— { 2p 9 20 to oi 1 20 FT DATE: 05/1'1/2025 THS PRAWIt46 IS C4t<,EPTuAL AND R46 MEN PREPARED VMTHOVr BENEFIT OF A SITE 5URVEY, THEREFORE,PROPERTY LINES, NETLA?V BOUNDARIE-5, AND OTHER SITE 5PEC-IFIC DATA ARE APPROXIATE. WW.&PT DRAWINGS ARE 6EWRAL IN NATURE AND ARE INTEMM ONLY TO ILLLP57RATr THE DEVELOPMENT POTENTIAL FOR A PROPERTY, THEY SHOULD NOT BE RELIED UPON AS THE SOLE 5^515 FOR ANY PINAW-IAL OR LEGALLY 5114011,19 TRAN5ACTION. 4 �6w 6ATE CITY OF AWNIA BEACH bb'RJ&H7-OF-KAY PROPOSED PAVED BULK STORAGE AREA A CATEGORY VI SUFFER PLAN711,16 &'PRJVACY FENCE (ALL SIDES) E 3 10 6-IN 149r-,-44-0015 ZONNr, 0-2 r. tr K 141" ZONING: 0-2 6'rATEGORY 1/1 BUFFER (ALL SIDES) STREET FRONTAGE LANP5--AFTE of V CATEGORY VI MfTE PLANTING &PIN: 41r-43-b912 NEW SIDEWALK ZONING: 0-2 K' 0 .\� LIGHTING: all outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be Deflected, shaded, and focused away from all adjoining property. fixtures shall not exceed fourteen (14) feet in height, NOTICE: This e-mail (and any attachments) from a law firm may contain legally privileged and confidential information. If you received this message in error, please notify the sender and delete it. Any unauthorized reading, distribution, copying, or other use of this e-mail (and attachments) is strictly prohibited. E-mails may be monitored or scanned for security and compliance purposes. For more information, including privacy notices and policies, please visit www troutman.w-m. If services are provided by Troutman Pepper Locke UK LLP, please see our London office page (www,rQutm_a "om/officus/london_html) for regulatory information. Jennifer A. Grundler From: Sent: To: Subject: Follow Up Flag: Flag Status: Amanda Barnes, MMC Amanda F. Barnes Tuesday, June 3, 2025 10:19 AM Jennifer A. Grundler; Terri H. Chelius FW: Deferral Request - Applications of Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Follow up Flagged City Clerk 2401 Courthouse Drive, Suite 2116 Virginia Beach, VA 23456 (757) 385-4303 From: Beaman, Robert P. <rob.beaman@troutman.com> Sent: Monday, June 2, 2025 2:54 PM To: Amanda F. Barnes <ABarnes@vbgov.com> Cc: Marchelle L. Coleman <MColeman@vbgov.com>; Joel Ankney <joel@jalawoffice.com> Subject: Deferral Request - Applications of Virginia Beach Beacon Baptist Church & CFT NV Developments, 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. Ms. Barnes, I write to request that the conditional re -zoning and modification of conditions applications of Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC, which are currently scheduled to be heard by the City Council on June 17, 2025, be deferred to the July 8, 2025 City Council meeting. Please let me know if you have any questions or need additional information. Thanks very much, Rob Beaman Robert P. Beaman III Partner Direct: 757.687.7547 rob. beam an(cDtroutman.com troutman pepper locke 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 troutman.com 112 0 'B4 Z JO ':::� 1 R20 Ef warmr `mmo parkway J - O !°ark �%ale 0 0 ® site Virginia Beach Beacon Baptist Church Property Polygons & CFT NV Developments, LLC Zoning Portion of 2301 Newstead Drive Building Feet 0 4080 160 240 320 400 480 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC [Applicant] VIRGINIA BEACH BEACON BAPTIST CHURCH [Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) & Conditional Rezoni _ (R-20 Residential District to Conditional B-2 Community Business District) for the property located at 2301 Newstead Drive (GPIN 2414167704). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: June 17, 2025 (Deferral Requested to the July 8th CC Hearing) ■ Background: Virginia Beach Beacon Baptist Church is requesting a Modification of Conditions to remove 2.44 acres from the bounds of their existing Conditional Use Permit for a Religious Use, and CFT NV Developments, LLC is requesting to rezone that same 2.44 acres from R-20 Residential District to Conditional B-2 Community Business District. The subject property is 4.9 acres and is located at the intersection of Nimmo Parkway and Newstead Drive. The original Conditional Use Permit for the Religious Use was granted by City Council on November 9, 1987 and Virginia Beach Beacon Baptist Church has operated at this site since 1990. A Modification of Conditions was granted on November 27, 2007, to allow the addition of two modular classrooms at the rear of the church building. The church now seeks to sell a portion of the property to CFT NV Developments, LLC to redevelop the site. In order to facilitate this sale, a Modification of Conditions is required. If approved, the church's lot area would be reduced from 4.94 acres to 2.5 acres. Since the Zoning Ordinance requires a minimum lot area of three acres for Religious Uses, the applicant is requesting a deviation to this requirement with the Modification of Conditions. A total of 37 parking spaces are required for 185-seat sanctuary, while 54 parking spaces are provided on site, exceeding the requirement by 17 spaces. The church also intends to expand its building in the future and add 25 additional parking spaces along the main drive aisle. Any future expansion will require another Modification of Conditions be considered by the City Council for approval. CFT NV Developments, LLC proposes to subdivide the 2.44-acre portion of the church property into two separate lots: a 1.31-acre lot for a Panda Express restaurant and a 1.12-acre lot for an undetermined fast-food restaurant. The proposed Panda Express will occupy a 2,700-square-foot building with a height of 23 feet, 3 inches. The exterior building materials will include EIFS, fiber cement panels, stone veneer, black storefront glazing, a standing -seam metal roof, Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 2 of 5 and a black and red aluminum trellis. While the second restaurant tenant has not been identified, Proffer 3 ensures that it will be constructed with comparable materials and architectural style. Landscaping for both lots will meet zoning requirements, including streetscape, foundation plantings, and interior parking lot landscaping. A 15-foot Category IV buffer will be provided along the western property line (adjacent to the church) and the southern property line (adjacent to single-family residences). To enhance privacy and screening for neighboring homes to the south, the developer proposes installation of an eight -foot -tall, opaque wood -look vinyl fence, with large evergreen trees planted to the north and large evergreen shrubs to the south of the fence. A right-of-way dedication is proposed along Newstead Drive for the addition of a right -turn lane and new sidewalks. In accordance with the Active Transportation Plan recommendations, the applicant is proposing to construct an eight -foot -wide pedestrian side path along Nimmo Parkway, connecting to the existing sidewalk network west of the parcel and the five -foot -wide sidewalks along Newstead Drive. Each restaurant site will feature one monument -style freestanding sign, limited to eight feet in height and constructed using materials and colors consistent with the respective restaurant buildings. Parking requirements are met on both lots: the Panda Express (2,700 sq. ft.) requires 27 parking spaces and provides 39, exceeding the requirement by 12, and the future fast-food restaurant (2,600 sq. ft.) requires 26 spaces, all of which are provided. In addition, five bicycle rack spaces will be installed on each site. The proposed hours of operation for both restaurants are 9:00 a.m. to 11:00 p.m., daily. Two dumpsters are proposed, one on each parcel. As per Proffer 4, to minimize disruption to nearby residents, dumpster service will occur only between the hours of 8:00 a.m. and 8:00 p.m. ■ Considerations: Staff finds the proposal aligns with the policies and goals of the Comprehensive Plan for the Suburban Area, which emphasizes the creation and maintenance of great neighborhoods. The proposed use is consistent with the Plan's vision for the area, and the site and building designs are visually appealing and will foster social interaction. The development of the proposed restaurants aligns with the goals of the Suburban Area, which encourages a balanced mix of land uses that enhance daily life for residents. Redevelopment of the site is considered compatible infill development that complements the existing neighborhood. Key elements of the Suburban Area development guidelines, including streetscape plantings, enhanced buffering, and pedestrian connectivity, have been incorporated into the proposal. Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 3 of 5 One letter of opposition was received and four speakers in opposition were in attendance at the Planning Commission Hearing, stating concerns related to traffic, rodents, reduced property values, and noise. To address concerns from adjacent property owners, the applicant provided a market research appraisal report prepared by a local appraiser who researched sales of residences in the vicinity over the previous 10 years and any impacts adjacent commercial development had on those sales. The market analysis indicated no evidence that the adjacent residential lots are negatively impacted by commercial development in the area. Though not required, a noise analysis was provided to evaluate sound levels from order boards, intercoms, parking lot activity, mechanical equipment, truck deliveries, and waste collection. The results indicated that noise from the proposed restaurants will remain well within the City's Noise Ordinance limits for both day and night operations, with no significant impact on neighboring properties. Both documents are attached for further review. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 14, 2025, the Planning Commission made a motion to recommend approval of this request; however, that motion resulted in a split 5 to 5 vote and therefore, the motion failed. Due to the failed motion, the recommendation moved forward as one for denial. If the City Council chooses to approve the request, Staff recommends the following conditions and proffers offered by the applicant: Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987 and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. 2. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three -acre minimum lot area required by the City Zoning Ordinance. 3. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 4 of 5 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Conditional Rezoning Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 2 The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. Proffer 3 The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 5 of 5 Proffer 4 The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. Proffer 5 Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Letter(s) of Opposition (1) with PowerPoint slides Noise Analysis Market Research Appraisal Report Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. i Submitting Department/Agency: Planning Department City Manager: 17" Project Details Requests Modification of Conditions (Religious Use) Conditional Rezoning (R-20 Residential District to Conditional B-2 Community Business District) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 2301 Newstead Drive GPIN 2414167704 Site Size 4.94 acres AICUZ 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Religious Use / R-20 Residential Surrounding Land Uses and Zoning Districts North Nimmo Parkway Single-family dwelling, shopping center / R-7.5 Residential, / Conditional B-2 Community Business South Single-family dwelling / R-20 Residential East Newstead Drive Shopping Center / B-2 Community Business West Shopping center / Conditional B-4 Mixed Use y � �e Jrti aA R E C*EYFox r BR 8 v41,14 a yea LN C� m o c ro 0 po v P 0� voPkw� �RRo $ r 0 ♦,P r�fmS�N� � CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 1 of 25 • The applicants are seeking a Modification of Conditions to remove 2.44-acres from the Conditional Use Permit associated with the existing Religious Use on the site and a Conditional Rezoning request to rezone the same 2.44-acres from R-20 Residential District to Conditional B-2 Community Business District to create two lots, each of which will be developed with a restaurant. • Virginia Beach Beacon Baptist Church has existed on this 4.94-acre, R-20 zoned parcel since 1990. A Conditional Use Permit for a Religious Use was granted by City Council on November 9, 1987, with a subsequent Modification of Conditions approved by City Council on November 27, 2007, to add two temporary modular classrooms on the property. The church now seeks to sell a 2.44-acre portion of the property for redevelopment. To remove the 2.44 acres from the Conditional Use Permit, a Modification of Conditions is required. • With the sale of this portion of the property, the lot area for the Religious Use will be reduced from 4.94 acres to 2.5 acres. As the Zoning Ordinance requires Religious Uses to have a minimum lot area of three acres, a deviation to the minimum lot area requirement is being requested through the provisions of Section 221(i) of the Zoning Ordinance. • Virginia Beach Beacon Baptist Church has a total of 185 seats in the main sanctuary. Currently, there are 54 parking spaces on the property, exceeding the required parking by 17 spaces. The church intends to expand the building on site in the future and add 25 additional parking spaces along the main drive aisle as shown on the conceptual site and landscape plan. Any future expansion to the church will require a Modification of Conditions. • CFT NV Developments, LLC proposes to subdivide a 2.44-acre portion of the Virginia Beach Beacon Baptist Church property into two lots: one, 1.31 acres, for a Panda Express, and the other, 1.12 acres, for an undetermined fast-food restaurant. • The proposed Panda Express will be comprised of a 2,700 square foot building with a total building height of 23 feet and 3 inches. Exterior building materials consists of EIFS, fiber cement panels, stone veneer, black storefront glazing, standing -seam metal roof, and a black and red aluminum trellis element. While the other proposed fast-food restaurant has not been determined at this time, as noted in Proffer 3, the commercial building shall be constructed using a comparable quality of materials and a compatible architectural style. • Streetscape, building foundation, and interior parking lot plantings are provided on the proposed lots as required by Appendix C of the City's Site Plan Ordinance. Per Section 903 of the Zoning Ordinance, when a B-2 zoned lot adjoins a residential district, a 15-foot-wide Category IV buffer is required. A 15-foot Category IV buffer will be provided along the western property line adjacent to the existing church and along the southern property line adjacent to single-family homes to the south. To provide enhanced screening adjacent to the residents to the south, installation of an eight -foot -tall opaque Sherwood -style vinyl fence is proposed. Large evergreen trees will be installed north of the fence and large evergreen shrubs will be installed south of the fence closer to the residential properties. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 2 of 25 • To accommodate the installation of a right -turn lane and new sidewalks, a right-of-way dedication is proposed along Newstead Drive. In accordance with the Active Transportation Plan, the applicant intends to construct an eight -foot -wide pedestrian side path along this section of Nimmo Parkway, connecting to the existing sidewalk west of the parcel and the five -foot -wide sidewalks along Newstead Drive. • One freestanding monument style sign will be provided on each lot for the proposed restaurants. As proffered, the freestanding signs shall be monument style, a maximum of eight feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. All proposed signage on the sites shall meet the requirements of the Zoning Ordinance, unless a variance is granted by the Board of Zoning Appeals. • Per Section 203 of the Zoning Ordinance, eating and drinking establishments are required to provide one parking space per 100 square feet of floor area. The Panda Express, with a floor area of 2,700 square feet, requires 27 spaces, and provides 39, exceeding the requirement by 12 spaces. The proposed building on the western lot, totaling 2,600 square feet, requires 26 spaces, all of which are provided. • Five bicycle rack spaces have been provided on each restaurant site. • Two dumpsters are proposed on the site, one on each restaurant parcel. To alleviate noise and disturbance to adjacent neighbors, Proffer 4 indicates that the dumpsters will only be emptied between the hours of 8:00 a.m. to 8:00 p.m. each day. • Typical hours of operation for the proposed restaurants will be 9:00 a.m. to 11:00 p.m., daily. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 3 of 25 # Request MDP Approved 01/17/2023 MDP Approved 03/08/2017 1 CRZ (R-20 to Conditional B-2) Approved 05/27/2014 STC Approved 01/17/2023 2 CUP (Columbarium) Approved 11/01/2016 STC Approved 04/25/1988 CRZ (0-2 to Conditional B-2) Approved 09/21/2021 3 CUP (Automobile Service Station) Approved 09/21/2021 CUP (Car Wash Facility) Approved 09/21/2021 4 CUP (Bulk Storage Yard) Approved 08/21/2018 CUP (Bulk Storage Yard) Approved 09/20/2016 MDC Approved 08/12/2008 CUP (Bulk Storage Yard) 08/05/2003 CUP (Auto Service Establishment) Approved 12/05/2000 CRZ (Conditional 0-1 & R-20 to Conditional B- 5 2) Approved 09/08/2009 CRZ (R-20 to Conditional 0-1) Approved 08/08/1995 6 CUP (Hair Care Center) Approved 05/13/2008 CUP (Religious Use) Approved 01/11/2000 7 CRZ (AG-2 to Conditional B-4) Approved 01/22/2008 Approved 01/11/2000 8 MDC (Religious Use) Approved 11/27/2007 CUP (Religious Use) Approved 11/09/1987 MDC Approved 11/22/2005 9 CRZ (R-20 to Conditional 0-1) Approved 11/23/1993 10 CRZ (R-20 to Conditional AG-2) Approved 11/27/2001 CRZ (0-2 to Conditional B-1A) Approved 11 10/12/1999 CRZ (0-2 to Conditional B-1A) Approved 05/24/1998 Application Types CUP: MDC: Modification of Conditional Conditions Use Permit MDP: Modification of Proffers REZ: NON: Nonconforming Use Rezoning STC: Street Closure CRZ: FVR: Floodplain Variance Conditional ALT.' Alternative Compliance Rezoning SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 4 of 25 In Staff's opinion, these requests for a Modification of Conditions to remove 2.44-acres from the previously approved Conditional Use Permit for a Religious Use, as well as a Conditional Rezoning to rezone the 2.44- acres from R-20 Residential to Conditional B-2 Community Business District to allow for the construction of two restaurants on separate one acre lots are acceptable. As per the Comprehensive Plan, the Suburban Area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. Staff believes the development of the proposed restaurants aligns with the goals of the Suburban Area, which encourages a balanced mix of land uses that enhance daily life for residents. In Staff's view, the development is seen as a compatible infill development that complements the existing neighborhood. The applicant worked with Staff to ensure pedestrian crossings are provided with stop signs to be installed within drive-thru lanes where crosswalks intersect to improve connectivity to the street frontages and throughout the sites. Additionally, Staff believes the design of the site and buildings will be visually appealing and will foster social interaction. The conceptual site and landscape plan outlines a comprehensive design that enhances the visual appeal of the property along Nimmo Parkway. Key proposed improvements include the integration of pedestrian crossings, designated bike rack spaces on each lot, and a Category IV buffer along the southern property line, featuring large evergreen trees and shrubs. Additionally, a Category IV buffer is planned for the western property line, and an eight -foot side path will be incorporated, in alignment with the recommendations of the Active Transportation Plan. In Staff's opinion, these improvements collectively aim to foster a pedestrian - friendly, aesthetically pleasing environment. As stated previously, the Religious Use portion of the site to remain does not meet the minimum three -acre lot area requirement for a Religious Use. The applicant is requesting that this deficiency be addressed through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations from required minimum lot area if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". Condition 2 has been added to address the requested deviation. To address concerns raised from adjacent property owners, a noise analysis was provided by Kimley-Horn, dated April 9, 2025. The analysis tested the level of sound that will be coming from menu order boards and intercoms, parking lot noise, mechanical equipment, combined exterior noise levels, truck deliveries, and trash and recycling pickups. Noise associated with the project was modeled using SounclPLAN software, which simulates noise scenarios and generates contour maps based on reference levels, topography, noise sources (point, area, and mobile), and surrounding structures. The modeling, as outlined in the report, indicated that the sound levels for the proposed restaurants will be well within the allowable limits specified in the City's Noise Ordinance for both day and nighttime operations and would not create a substantial noise increase for nearby property owners. As such, no mitigation measures will be required. As recommended by Staff, a narrative addressing stormwater was provided. The Development Services Center has reviewed the preliminary stormwater narrative and, based on their findings, believes the applicant's CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 5 of 25 intended stormwater strategy is reasonable and has the potential to comply with the stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above, Staff recommends approval of this request subject to the conditions and proffers listed below. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987 and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. 2. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three -acre minimum lot area required by the City Zoning Ordinance. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 6 of 25 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 2 The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. Proffer 3 The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. Proffer 4 The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. Proffer 5 Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 7 of 25 Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. All conditions, with exception of Number 1 attached to the Conditional Use Permit granted by the City Council on November 9, 1987, remain in effect. Condition Number 1 of the November 9, 1987, Conditional Use Permit is deleted and replaced with the following: "No curb cuts on Nimmo Parkway." 3. When the modular classrooms are installed, the location shall be as depicted on the plan of the existing church and proposed modular classrooms. 4. Applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. A Certificate of Occupancy shall be obtained from the Building Official before occupancy of the modular classrooms. 5. The modular trailers shall be limited to a period of five (5) years, at which time, if no complaints pertaining to the trailers have been received by the Planning Department, administrative approval may be granted for incremental extensions of two years. 1. No curb cuts on Ferrell Parkway. 2. Category III Screening shall be utilized along Ferrell Parkway. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of this site and in keeping with the recommendations for the proposed Back Bay /North Landing River Management District. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 8 of 25 The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. (pg.1-58 to 1-61) 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 Counts Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 23,660 ADTI 32,700 ADT 1(LOS ° "D") Existing Land Use Z- 0 ADT Existing Zoning — 43 ADT based on Newstead Drive No Data Available No Data Available 2.5 acres of R-20 Proposed Land Use 3-2,480 ADT 1 Average Daily Trips 2As defined by an vacant site zoned R- 20 3As defined by a 5,300 sf of fast food with drive thru 4LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Nimmo Parkway, in the vicinity of this application, is considered a four -lane divided major urban arterial. The existing infrastructure currently resides in a 120-foot right-of-way. Newstead Drive is a two-lane undivided collector roadway. There are no roadway CIP projects planned for this area. Active Transportation Plan The 2021 Active Transportation Plan recommends the sidewalk be improved to an eight -foot -wide asphalt or concrete side path along this section of Nimmo Parkway. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 9 of 25 Project Stormwater Design Staff Summary This project consists of the subdivision and of the existing Virginia Beach Beacon Baptist Church, located at the southwest corner of Nimmo Parkway and Newstead Drive, to include the addition of two quick service restaurants. This project will include the upsizing of existing onsite stormwater piping to support the proposed improvements and demonstrate no negative impacts to the downstream drainage system. Stormwater runoff from the site drains into the large diameter stormwater conveyance system along Newstead Drive and Nimmo Parkway which is part of the Dam Neck drainage basin that ultimately outfalls into Back Bay. The proposed onsite improvements include the installation of large diameter stormwater conveyance piping that will provide stormwater storage and adequate capacity of the onsite system to demonstrate no impacts to the existing downstream drainage system. Water quality is intended to be satisfied with the purchase of offsite nutrient credits. Based on the information provided by Kimley Horn 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: 5.0 acres Pre -Development impervious area: 2.15 acres Post -Development impervious area: 3.89 acres Stormwater Management Facility Design Information Type of facility proposed: Underground storage Description of outfall: Stormwater runoff from the site will discharge into the existing public drainage system along Newstead Drive and Nimmo Parkway. Downstream conveyance path: Runoff leaving the site will be directed towards the Newstead Drive and Nimmo Parkway right-of-way, which is part of the Dam Neck Drainage Basin. Drainage leaving the site will be directed and collected along the Nimmo Parkway public drainage system, into Red Mill Farm pond, through Scopus March Canal, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 10 of 25 water There is a 12-inch City water main along Nimmo Parkway and a 10-inch City water main along Newstead Drive with a an eight -inch and a six-inch plugged water service line fronting the site. The proposed development must connect to City water. Each lot requires a separate and exclusive water service connection in accordance with Public Utilities Design Standards. Sewer There is a 42-inch HRSD sanitary sewer force main along Nimmo Parkway, an eight -inch private sanitary sewer gravity main located onsite within a private utility easement along Nimmo Parkway, and a 10-inch City sanitary sewer gravity main along Newstead Drive. The proposed development must connect to City sanitary sewer. Each lot requires a separate and exclusive sewer service connection in accordance with Public Utilities Design Standards. Planning Commission • The applicant reported that a Community Open House Meeting was held on Tuesday, March 25, 2025 at the Virginia Beach Beacon Baptist Church to discuss the details of the proposal. Approximately 13 members from the community were in attendance. The applicant reported that no additional requests were made from those in attendance and the overall response from the community was positive. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 11 of 25 ....:.........._.... -or s•. ''�C ONI'SilNJDSW (INV NNOWA31llf)1 +.- ,-• (WOL Od'M? 90) A 311S HOW(1110 AMuns mi ONY1 SdSWV1lV Fi •.�• _� •e_yi ' 'e�l il) II i� �• I illll II .I CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 12 of 25 Nvld 3dvOSONVI ao avazsradnvisaid x+ •� ; -� "" •n. " •. 18 311S 1NVlIf1V1S32i is UJOHK ADIWIN Ivn-Ld33NOO 3Aa3SHXlf10 y� V 4Nt/ SS32idX3 VONvd all Y � st � LL" � � � � ��, f yy•�� �@ s� Prr R 3. �� Rffi SAS GGG CGC: sgt t Nn#� p a q� o o y K4a a 7M3. "j ag W a H Q o $ }IRE S 'f Snxli ff'�9 R G�3 3� ?'fl 22 !� '412 / F yyx&Jrc W F 1�Y s¢¢ i�ry�+yy�� kf 3 K ¢ u2S ¢ aNnbFipR 3�iM . yj� g lc:t$ � c3I"e�! ai S E5 63 Y q . g A p r a = ? 1 s: ■ ¢ e i ■ Z • � ti '� '_ 5 i � C � S _ 1 a I p 3 Q $ Q WHQ ays"X"'IL �Q IL i a ® — _ GCS � 1 gVIN w i t @ �ipss �y'i iflat CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 13 of 25 C>O'% NTE FM RIINIED ODLAOL STWU aw QAEMD O'TRLJW MEMENT - SLAOf/b MUMM O! FW CEMENT PAWL MOW -LOW O-MOOM GATE' AT CKMACE DOM O ONAMCOAL MONE MENRm Oi STANDOfrlAM METAL MIOO:INC O'SWW ELEMENT - SLACK ALUMUM OMETAL WW - BLACK M1Y4Y �' NEwcaour+D vra�iNu.exH.w uKrtaw O UM MHM FME MMWD (3 OAM STOREFRONT QAaI. O FTSR M.`FIMENT PANEL MOOD-lDOk ©-MOON GATE' AT ENTRANCE DOCK OJ CHARCOAL STONE VENEER OMETAL 'BNW - SACK ALUW AJM O'SMOOP' ELEMENT - BLACK ALUMMUM O-TELUs ELEMENT - BLACK/RED ALLUNLIM 1 1 SM a�M iNl hT WR[SS - C11:�4 NEWGROUND YAGINU RACE vA S RIM CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 14 of 25 O ors: TMSTE FINE TEKRIIED O DANE-TNIII CANOPY - BLALx ALUMNUS- O prs: RACK nw TOMOM 0 FM CEIENT PANEL, WOW -LOOK OIETAL bNiD" - BIACN ALUMINUM OJ CHARCOAL STONE VEN1XR O'TRELUS' OEIENT - &ACN/PED ALUMINUM O'SWOOP' ELEMENT - RAM MMMWJM ODIITE-TNIWN WTNDOW CCIBYETS�I KwamnaN NEWGROUNU O OFS TRSTE FINE TEXMWL) QUTIUTY QAS T OFIBER CEMENT PANEL. WOOD -LOW OMETAL -RANW - BACK ALUMINUM OCNARMAL STDNE VO♦EFR 0-TRELLIS- ELEMENT - BLACKA110) ALUMINUM O'S1110W ELEMENT - BLACK ALUMINUM 1 NEWGROUND FWMELEUMMM FMUK URW If - was VVE AA RAC -I, W snnm. PANDK DHSS - DZMEi VVIGA.IGCIK W w1/MN CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 15 of 25 000 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 16 of 25 Site Photos ,X;e � 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. APPLICANT INFORMATION Applicant Name: as listed on application VIRGINA BEACH BEACON BAPTIST CHURCH Is Applicant also the Owner of the subject property? YesO Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes No0 If yes, name Representative: Joel Ankney - Ankney Law Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesONoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent- subsidiary' or affiliated business entity2 relationship with the applicant. (Attach list if necessary.) j Pastor Russell Robertson (New President); C. Gordon Ellsworth (Past -President); Robert Hunt (Treasurer); Donna Murray (Secretary); and Directors: Paul Ekoniak, Bill Dudley, Craig McManus, Ben Chappell, Marshall Griffin, Jerry Chappell, Todd Smith, and Chris Hodge I Does the subject property have a proposed or pending purchaser? YesO No0 If yes, name proposed or pending purchaser: CFT NV Developments, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? YesO No if yes, name the official or employee, and describe the nature of their interest. 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 oftrust,J O O cross-collateralization, etc.) roker/Agent/Reahor I 01 O Robert W. Carter - Carter Godbout 3 Associates Real Estate B__ Disclosure Statement I rev. May-2024 page 1 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 18 of 25 Accountinil Return Preparat Architect/Designer/La ndscape Architect/Land Planner Construction Contractor Services YES NO INO 0 � 0 SERVICE PROVIDER (Name entity and/or individual)_ p O Joel Anlaley - Anlmey Law APPLICANT CERTIFICATION READ:1 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 : r ompj, tee in connection with this application. BEN CHAPPELL, CHAIRMAN BOARD OF DIRECTORS Date: Pastor Russell Robertson, President 4 !j Applicant Name (Print) A plican Signatu Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. 1 Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (1) 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 some 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. FOR CITY USE ONLY: No changes as of (date): 6/2/2025 Marchelle L. Coleman 6/2/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 19 of 25 The disclosures contained in this form ore 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. APPLICANT INFORMATION Applicant Name: as listed on application CFT NV Developments, LLC Is Applicant also the Owner of the subject property? Yeso NoO If no, Property Owner must complete SEC71ON 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes No0 If yes, name Representative: Rob Beaman, Randy Royal Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes(F)No© If yes, list the names of of/ officers, directors, members, or trustees below AND businesses that have a parent- subsidiory' or offilioted business entity 1 relationship with the applicant. (Attach list if necessary.) Articles of Organization Attached 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 Noth If yes, name the official or employee, and describe the nature of their interest. 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 Financing (mortgage, deeds of trust, O O cross-coilateralization, etc.) Real Estate BrokerfAgent/Realtor O e) Disclosure Statement I rev. M a y -2024 SERVICE PROVIDER page 1 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 20 of 25 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 } Arch itect/Designer/Landscape Q Architect/Land Planner 0 NewGround; Letizia La Spia _ Construction Contractor ! 0 0 Engineer/Surveyor/Agent _ 0 0 IGmley Hom and Associates, Inc; Randy Royal Legal Services @ 0 Troutman Pepper; Rob Beaman 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. CFT NV DEVELOPMENTS, LLC, a Nevada Invited liability company By �ApDlicantApplicant Name (Print)Signature Date 1 "Parent-subsidiory 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 § 1.2-3101. 1 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) L 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 p the existence of on affiliated business entity relationship include that the some person or substantially the Q 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 Stat Sove- -nt Conflict of Interests Act, Va. Code § 2.2-3101. FOR CITY USE ONLY: No changes as of (date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y -2024 page 2 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 21 of 25 N STATE OF NEVADA �+ Af BARBAR! K CEGAME JEFFERYL mDERFEL7' �+ S---Y Of SOON Dl' Sa-7 forComm—Jai Accordiass W W Job Number: Reference Number: Expedite: Through Date: OFFICE OF THE SECRETARY OF STATE Certified Copy C20151109-0340 00010125594-37 November 9, 2015 The undersigned filing officer hereby certifies that the attached copies are true and exact copies of all requested statements and related subsequent documentation filed with the Secretary of State's Office, Commercial Recordings Division listed on the attached report. Document Number(s) Description 20150082616-91 Articles of Organization Certified By: Tracy Gillespie Certificate Number: C20151100-0340 You may verify this certificate online at httpJhvww nvwm.gov1 Number of Pages 3 Pagesti Copies Respectfully, BARBARA K. CEGAVSKE Secretary of State Commercial Recording Division 202 N. Carson Street Carson City, Nevada 89701-4201 Telephone (775) 684-5708 Fax (775) 684-7139 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 22 of 25 BARBARA K. CEGAVSKE Secretary of frtoie ` 202 North Corson Shoet r Corson City, Nevada 897M4201 Websfte: www.nvaos.pov Articles of Organization Limited-l-lablllty Company (PURSUANT TO NRS CHAPTER 86) USE BLACK INK ONLY - DO NOT MISMUGHT 'QSOIOS• � n Filed in the office of s]ocvmem Member Hatbeta K. Cegayske seavlaty of state State ofVeVWa 20150022616-91 Ming Date ad Time 02124/201511:38 AM btit>'N"mber E0092622015-5 ABOVE SPACE Ice FOR OFFICE USE ONLY T. Name of lJmlted- CFr NV DEVELOPMENTS LLC Check box if a Crock box It a Usbifity Company: Smes umhad- Besvtded umhed- (musI contain approved orModalablmy i Uabli ty compary Uadtry company �O Company `� ® ❑ woming; am inalnrcSona) � reed 2. Rrrl ® Commercial Registered : RiE CORPORATION TRUST COWANY OF NEVPMA t L� for Agent for SefMce ..............._.. �...__ of Prooese: (chock ony one box) ❑ Noncommercial ReglateredAgent ❑ Ofteof Position with Emily 2ff name and address below) (name arid address ._...._..._....._........ ....._..—.__.__..-._-___-_....--'-^------._.-.._....._...___..... ...... _.._...._._ Name o1 Noncammertid Regldared AparrI ON Naas of Tdo Of Ogles m OU1er Podton vdlh E nity ..................... _._:..._...__._.___._.._._.___.r.__-__^------..._..-'---......._...... ._....... . _.«.. Nevada Sweat Addreaa civ ZCode •Novisdat ! Mong Address fd dtbmM tram afoul addreea) COY Zp COW S Dlasoludw Date: (opaonah Latest date upon which the company is b cisadve (fl existence is not perpetuel) _ _._.. 4. Management: ComPwfir shal be managed br. ®Msnagfa(a) OR btembat>d (reWredl ahook err boo 5.Name end 1)tP-Ea&Y'_ammG__�___ NIN :1613 WALNUT GROVE AVENUE rR06®r1EAD - G 1 1770 3711 I.� Address of each Manager or Managing Member: sra.i Addnii Coy ft" aP Code _.._.. (attach adddonal page it morethana) _......,._____._..____.__.._______._......._..._.��........._._._... 2) iANDRIfW1CHIIING_ 11683 WAINUC GROVE AVENUE (ROSEIAD _ .- _ _-_3 L_ _ ! 191770.3711 i s►aw Address cay Suss cep Cods 3) �hrro 116113 WAINUf GROVE AVENUE II ROSEMEAD a („ CA i L91770-3711-` Stool Address Cly Male Do Code S. Eftective Date ..___.............. ....__...... _._.__._........._ ____._...........__.__ .._�_.__.._� ERet>trve0ate: i ERecWeTime: 1 and Time:(op/anal) ........._ ........................._I..................._..._.. _...._._.......... ..... ,._... ..._._................. _.l 7. Name, Address e, b e wry eb v e Po ry, nnenen a nodToe n • row deQ Pureunt b NRS xao�, a b e aeM1ry C bbr4b fueelnely der any bl� er forged Inetrvrn.a br rain¢ In ere Crib at andSlQneturoof mossa.nryol+..•_._.._-__.__—�____.___ _ Organizer. (e,brh �.___. I IAYE YOUNG 'Y ware YOUNG addfionat pafpItmore Ihan 1 orporbor) .�` t�,y^�;;-----`_(ewlsx r.._......-_____._,_.__.�___'-__ 1683 WALNUT GROVE AVENUE jROSI]NEAD MCA I L9177fL3711-� __ _J Addrow _ CRY R Certlflcate of I hereby accept appairdnfent as Raostered Agent fm the above named E7tr7y. Acceptance of Appointment of _._. X Tne coRFORA."ON nws2 CO.~. OP r -XU Reg laterhedAgent: Auihorlad dl nature of R"Eterrd Aaem or On Behalf ei FknWarad Acent Folly Data This lam must be scoomFwded by arppropdate rasa. Nevada 6aaahry of Gab NRS es OLUL C Arddaa Rwsd: 15.15 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 23 of 25 a Articles of Organization (PURSUANT TO NRS CHAPTER 86) CONTINUED Inelades data that is too long to fit in the fields on the NRS 86 Form and all additional managers and organizers W13EIGN; NAME Not Applicable �i}R74NSL.AIiGN: . �r IN MAILING Not APPlleable ADDRESS: PAGE 2 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 24 of 25 • 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. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 25 of 25 VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nonstock corporation; and CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this 1` day of _ , 2025, by and between VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nonstock corporation ("VBBBC", to be indexed as Grantor); CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company, ("CFT NV", to be indexed as Grantor) (VBBBC and CFT NV hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, VBBBC is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2414-16-7704-0000, as more particularly described in the attached Exhibit A, attached hereto and incorporated herein by reference (the "Overall Parcel"); and WHEREAS, CFT NV is the contract purchaser of that portion of the Overall Parcel described on the attached Exhibit B (the "Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-20 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including various purposes at a variety of densities, through zoning and other land development legislation; and GPIN No. 2414-16-7704-0000 Document Prepared Bv: Robert P. Beaman III, Esq. (VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. 2. The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the `Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. 3. The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. 4. The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. 5. Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. b. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nons corporation e: PAST RU LL ROBERTSON Title: PRESIDENT By: (i/a Name: BEN CHAPOtLL Title: CHAIRMAN, BOARD OF DIRECTORS QON WEALTH/STATE OF V (ri 144 ,a /COUNTY OF Vi +' +�i�v Pa to -wit: The foregoing instrument was swom to and acknowledged before me this 10 day of 6ek r / . 2025, by Pastor Russell Robertson, in his capacity as President of Virginia Beach Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced W of-ti'ft'r f—z'o"f as identification. Witness my hand and official stamp or sea] this lV day of h , 2025. 0 ``II111111 Notary Public AL oiaLoz� My Commission Expires:. i4 r U l AV T — n ; P REG#77082772 � Z Registration Number: O 7 7 " 0. MY COMMISSION — — 0% % EXPIRES de OW31 /2027� • ,�Q` COMMONWEALTH/STATE OF V, I + k �� O'�•���'•••«•'' /COUNTY OFto-wit: �i��EA LT N 1/111111 0 The foregoing instrument was sworn to and acknowledged before me this /10 day of r+ % , 2025, by Ben Chappell, in his capacity as Chairman of the Board of Directors of Virginia 13each Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced _ VA" OP Vt-,t- /►GftAjv as identification. Witness my hand and official stamp or seal this l0 day of 2025. LEIS Sq /��i �i Notary Public �� L) My Commission Expires: R T `�1r �� 7 : V N01AF(Y Ft915A{jivO NUA(M 7,11rT2 PU6LIC 1 4 ` REG. #1082772 ; Z O ' MY COMMISSION — EXPIRES 4•. •'•.......••'••� #4 q if IL 11 O Il IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company Title:--- v-t+e = 'I I41 2025 AM, 'I S to Form by COMMONW1ALTH/STATE OF CITY/COUNTY OF\_ - - to -wit: The foregoing i h=ent was sworn to and acknowledged before me this day of --- — -_ . 2025, by -- - in his/her capacity as of CFT NV Developments, LLC, a Nevada limited liability comp y. He/she is either personally known to me or has produced 6.4,ldentification. Witness my hand and official sta,ilp or seal this day of .2025. My Commission Expires: Registration Number: 5 Notary Public (SEAL) P EASE SEE A1101D CALIPOMIA ALL-PIJRPO>!iN ACIKNOWLEIDOMENT CIVIL CODE f 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfomia ) County of WO AkiL LV- ) On thPllll'�� 201r) before me, WY AK WAtz , r X)TkVLY F(Ae -(C , Date Here Insert Name and Title of the Officer personally appeared DAVk O L �,k U Name(/d) of Signer( who proved to me on the basis of satisfactory evidence to be the person(sj whose name( supscribed to the within instrument and acknowje4ged to me that he/she/they executed the same in Vbr hs/her/their authorized capacity(io, and that by(ih*her/their signatures) on the instrument the persono), the entity upon behalf of which the person acted, executed the instrument. AMY ANWAR z COMM. # 24MI rn Lu NOTARY PUBLIC • CALIFORNIA r1 LOS ANGELES COUNTY ~ ` My Cann►EgmWft30,2027 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature Signature of Ntary ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: v► iviiA BENT& KAttiN P,RPTIST a-Hu.acrl Capacity(ies) Claimed by Signer(s) Signer's Name: LJ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: 02015 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A GPIN No. 2414-16-7704-0000 Legal Description ALL THAT certain tract, piece or parcel of land, situated in Princess Anne Borough of the City of Virginia Beach, Virginia, and designated as "Church Site II, Area = 5.00 Acres" on that certain plat entitled "SUBDIVISION OF CHURCH SITE II AT RED MILL FARM, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated July, 1987, made by Basgier and Associates, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2696, at pages 1009 and 1010, reference to which plat is hereby made for a more particular description of the property. 0 EXHIBIT B Metes and Bounds of a Portion of Parcel GPIN: 2414-15-7704-000 Church Site II (M.B. 2696, PG. 1009) N/F VIRGINIA BEACH BEACON BAPTIST CHURCH COMMENCING at a point at the southwesterly intersection of Nimmo Parkway and Newstead Road whose Northing is 3446811.218 and whose Easting is 12212000.340; being the true POINT OF BEGINNING; thence bearing S 15' -53' -49" W a distance of 381.32 feet; thence bearing N 74' -6' -11" W a distance of 318.49 feet; thence bearing N 15' -53' -49" E a distance of 395.72 feet; thence along a curve to the RIGHT, having a radius of 3760.72 feet, a delta angle of 04' 33' 17.3", and whose long chord bears S 75' -29' 46.2" E a distance of 298.89 feet; thence along a curve to the RIGHT, having a radius of 20 feet, a delta angle of 89' 06' 29.09", and whose long chord bears S 28° -39' -53" E a distance of 28.07 feet to a point which is the true POINT OF BEGINNING, having an area of 127,237 square feet+, 2.50 acres+, more or less. 7 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #8 and 9 VIRGINIA BEACH BEACON BAPTIST CHURCH AND CFT NV DEVELOPMENTS, LLC Recommendation: RECOMMENDED FOR DENIAL Discussion Clerk: Our next item are items 8 and 9, Virginia Beach Beacon Baptist Church and CFT NV Developments LLC. Mr. Beaman: Good afternoon, Madam Chair, Mr. Vice -Chair, and members of the commission. For the record, My name is Rob Beaman. I'm a Virginia Beach land use attorney with the Troutman Pepper Law Firm here today on behalf of the applicant, CFT NV Developments, LLC, which is an affiliate of Panda Express. We have several members of our team joining us this afternoon that I'd like to introduce. We have Mike Everett of Panda Express, Randy Royal, who is our project civil engineer on this site. From the Virginia Beach Beacon Baptist Church, which is the property owner, we have Pastor Russell Robertson and Craig McManus and also their consultants, Joel Anni and Bob Carter. First I wanted to take just a moment to thank staff for all their work on this application. Marchelle's been fantastic to deal with as always, and we really appreciate that. The site that is involved in this application is the Virginia Beach Beacon Baptist Church property, which is about five acres located on Nimmo Parkway East of General Booth, right next to the Red Mill Common Shopping Center. The church does not currently need all five of the acres that are currently in its parcel, and what they'd like to do is keep the western side, about the western half of the site and continue to operate as they are now, but find a user for the eastern half of the site that's compatible with their use. The site is located in Elevated Noise Zone. It's 65 to 70 sub area 2, and is also surrounded on several sides by commercial uses. It's got Red Mill Commons right on the eastern side, commercial strip center on the western side. It's sort of catty corner to the northwest. It has the new Publix that just opened at Hickman place. So, for these reasons, we believe, this site is compatible with the type of commercial use that the applicant is proposing as part of this application. We are sensitive to the fact that the site has several residential properties located to the south, and we've taken steps in the design of this property to make sure that there are no adverse impacts on these folks. First the applicant is designed the site, so the bulk of the commercial uses are up along Nimmo Parkway with the building set up towards the road and the order boards at least 150 feet away from the property line. Additionally, we're proposing a Category 4 evergreen landscape buffer along the southern property line with a eight - foot opaque fence, which should block views of the site from the south. Additionally, the applicant has taken the further step of conducting several studies, which are over and above what we typically do on this type of zoning application but are designed to measure the impacts on surrounding properties and make sure that we're going to be a good neighbor. First, we had Kimley Horne who's here today, they had their sound experts conduct a sound study to make sure that we wouldn't produce undue noise that would impact these folks. Secondly, we did a traffic impact analysis. One wasn't required as part of this application, but we wanted to do that, so we'd have the data and we could share that with the Planning Department. Then finally, we engaged Mike Socha, who's one of the leading real estate appraisers to do a valuation study to make sure there wouldn't be any anticipated impact on homes with commercial uses nearby. Randy Royal, in just a moment, is going to talk about the results of those studies, but they were very positive, and it did support the fact that this shouldn't have much of an impact on the properties to the south. Additionally, the applicant conducted extensive public outreach as part of this application. Starting really last summer, we made phone calls and had meetings in person meetings with some of the residents of the neighborhood to the south. Also sent out a public mailer to not only the adjacent property owners, but to the entirety of the neighborhood to the south, and then for the folks who live across Nimmo, kind of to the northeast. Then finally we had a, an onsite meeting at the church back in March and invited folks to come meet our entire team and get information and, you know, have us answer questions. So, with that, I would like to ask Randy just to briefly touch on the results of those couple of studies that I mentioned, and then Mike Everett ever at Panda, just wanted to say a couple of words about the company itself, if that's okay. So, I pass it on off to Randy. Mr. Royal: Good afternoon, Madam Chair, members of Planning Commission. My name's Randy Royal Kimley-Horn Associates, and I'm the civil engineer on this project. I had a lot to say, but Rob's kind of covered it all. So, I'll talk about the studies that we did and the site a little bit too. I mean, we worked with staff, and we tried to make a pedestrian friendly site. So, we've got a, you got the site plan up there. I don't know if you can see it or not, but a lot of sidewalk connections to Newstead and Nimmo. That's kind of a thing that we do on all sites now. Try to landscape them well and create a pedestrian type thing. The traffic on there really wanted an access on Nimmo Parkway. I had a very short and succinct conversation with Mr. Lowman, and we agreed very quickly that we were not going to have access on Nimmo. We talked about a turn lane, a desal lane on Newstead, which we've got there. With that, Ric was happy, but as Rob said, we talked to the neighbors and they were concerned with traffic. So, I wanted to do a traffic study, and I know you guys know about level of service and what you typically see around here, and level of service D as in dog is pretty good. We have level of service B as in boy here. So, there's no impact. We've run the numbers. We've done a traffic study and with what we're proposing, there's, there's no impact. We've got fantastic intersection, level service B. Noise, I have done a lot of noise studies. They were concerned with the squawk box, the order box, which Panda can control, but we took it at the normal levels. Did the study, calculated what we would have there, and by the way during the evening hours, 10:00 p.m. to 7:00 a.m. 55 decibels is what Virginia Beach requires, 55 decibels or less. During the day, it's 65 decibels. This of course is in a 65 to 70 decibel zone, ACUIZ zone. We actually did measurements in the neighborhood during the day, not at night. We thought that might have bothered some people. They've got 55 to 63 decibels right now with the current. With our study on the site, we have 38 to 45 decibels, but it's going to drop with the residents being quite a distance away from what we have there. We've got limited hours for dumpster pickups during the day, not at night to minimize that. But I mean, even with that and the beep beep beep that backs up, it's still nominal decibels to impact the neighbors. We had John Socha do a real estate appraisal because that's always a concern when you've got commercial next to you. These sites of course have Red Mill, you've got a lot of commercial already on Nimmo Parkway, and what John did was look back, gosh, more than 20 years, and what he told us was that commercial development constructed since 2001 had not impacted, in fact, well, it had impacted, the prices had increased, not many people had moved, which is something that you would see. If there is really a problem area, I honestly, I think a lot of people like to be able to walk to this stuff, but there is not a negative impact from the real estate appraisal that we've done. I'm sure they will have their opinions. I think that covers it all. Stormwater, amazingly there is stormwater capacity in Nimmo Parkway. I've been doing this for 45 years. I have never had that happen, but it's wonderful. We've got to handle the water quality, but from a stormwater standpoint, that's not going to be an issue. So, the engineering is pretty straightforward on the site and hopefully we've done everything we can to mitigate impacts on the neighbors. I'll stand by for questions. Mike Everett would like to come up here and tell you a little bit about Panda. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Good afternoon, Mr. Royal. What I'm hearing are folks mostly concerned with significantly modifying the architectural character of their neighborhood with these commercial structures right there on this parcel with the survey that was done regarding the impact to property values? Can you kind of explain the methodology? Mr. Royal: Oh, that's going to be tough. Other than its research architecture, I don't think had much impact. You've, if you know the area right across from Newstead, you've got Red Mill Commons, I think is the name of it, and actually the back of the building is what they see from Newstead there. So, there's nothing very attractive about the architecture there. Honestly, I believe the Panda's a nice -looking building. There's one up Princess Anne Road, in front of TCC. It was just constructed. So, it's not so much architecture, but I mean we're willing, I say we're willing -- Mr. Plumlee: I mean, it doesn't look like a residence. You'd agree with that? Mr. Royal: Agreed. Yes sir. It's commercial. Mr. Plumlee: And you don't know what the other structure's going to look like? Mr. Royal: We do not, but we've proffered that it would be compatible architecture. So, you're not going to have one thing to the panda, not to the houses, but to the Panda. Not with a curved roof, but colors, material types. We kind of lean on planning to say this is a compatible use rather than doing what Panda's done, and then maybe a red brick, traditional colonial in there, which doesn't match. Mr. Plumlee: So, the study was, how was it conducted? The survey? Mr. Royal: He surveyed what had been bought and sold in the area. He looked at prices when purchased, originally prices when sold, looked at how many houses were bought and sold. He actually also looked at some areas across the road that backed up to Hickman Place to see if that had had any impact. So, the commercial along Nimmo, which is absolutely a commercial corridor, but you've had houses that were in there probably prior to when Nimmo was actually built and then the commercial came in, but there seemed to be no negative impact from that. Mr. Plumlee: But he was simply doing a general market review as opposed to some in some direct survey, correct? He was just looking at past purchases and sales? Mr. Royal: Yes. I'm not sure what else, what are you thinking he could have done? I mean, we certainly could do more, if necessary, but -- Mr. Plumlee: He didn't look at like communities' similar impacts. Mr. Royal: No, just this area. Just this specific area. Mr. Plumlee: Just limited right here? Mr. Royal: Yes, sir. Mr. Plumlee: Alright, thank you. Ms. Cuellar: Any additional questions for Mr. Royal? Mr. Beaman? I am sorry. Welcome. Mr. Everett: Thank you everyone. Ms. Cuellar: If you can state your name for the record. Mr. Everett: Mike Everett with Panda Express. I'm executive director of Real Estate. I've had the pleasure of working with Panda for 19 years this past week. So, I'm proud to work for a company that's family owned and family operated. We're privately held. We don't have franchisees that operate our traditional stores in the street. We're also great stewards of the community. I did some research just for the Hampton Roads area, what we've done over the last couple of years. In 2023 and 2024, the company has an arm called Panda Cares, and Panda Cares has donated $146,000 in education initiatives to the Hampton Roads area. Between 2022 and 2024, we've donated $280,000 to the Children's Hospital of the King's daughter. In addition to that, we did a one and a half million dollars donation for a family lounge that was built and constructed as part of the Panda Care Center of Hope at the Children's Hospital also. So proud to work for a company that does that sort of thing. It is owned by Andrew and Peggy Churn, that's who the CFT is, the Churn Family Trust. So, the family trust owns the land, holds it, and then the restaurant operates on the land. The family trust does not sell that land. They don't look to do a sale lease back or anything like that. In the 19 years I've worked for them, I've not seen them sell one property. We're different in most QSR restaurants where we actually self -develop, buy the land, own it, and then hold it, hold it long term. So that's a little bit about the company, if there's any questions about it. Ms. Cuellar: Any questions for the speaker? No. Thank you very much. Any questions for Mr. Beaman at this time? Mr. Beaman, if you can come back out, please. Commissioner Camp? Mr. Camp: Good afternoon. So, we have a requirement for churches to have three acres on site, and in this case, we're dealing with a parcel that is 4.94, call it 5 acres. The application seeks to carve out two side parcels, which will leave at the church with 2.5 acres. Mr. Beaman: Yes, sir. Mr. Camp: If only one of these parcels was carved out, currently it's 1.3 is the larger one, but it could be a little bigger, then you would be in line with our zoning code. The church would meet its three -acre requirement. You would carve out one parcel to benefit the church, and that parcel would certainly be adequate for the purposes that you're proffering. The difficulty here is the middle parcel when going for two businesses out of the church land, we're driving the church down below the three -acre requirement. Would you like to speak to that? Mr. Beaman: Yes. Thank you for the question. I appreciate that. As I understand the 3 acre minimum requirement for religious uses churches, it's intended to make sure, sort of a placeholder, kind of a one size fits all type of regulation to make sure that on each individual site the church site is large enough to accommodate the church uses so that other properties aren't affected. I think it's hard to apply a one size fits all. You know, with various properties, each property is unique, each property has different circumstances and facts applicable to it. So I think it's important to look at each individual property separately. in this case, the church would go down to two and a half acres, but it would have more than adequate parking. There are 17 parking spaces over the minimum. They're retaining the buffering. They're not changing anything associated with their current use and shouldn't have any sort of impact on surrounding properties, whether the commercial on either side or the residential to the south. Mr. Camp: So, to that point, I read in the staff report that the church intends to expand. Mr. Beaman: It's possible. I can't speak to that. I think the pastors here, I don't know that they have any immediate plans to do that, but of course, if they do, they're going to have to meet all the site planning criteria and the zoning criteria under the ordinance. I think they would have to have their use permit further modified, have to come back through this body. Mr. Camp: I'm on page two of the staff report on bullet number four, what we were handed states, the church intends to expand the building on site in the future and add 25 additional parking spaces goes on from there. It's pretty specific. Mr. Beaman: As I said, the passer can correct me if I'm wrong, but I'm not aware of any immediate expansion plans. Mr. Camp: Well, I think, I need some clarification here. I'm being told there's an intention to expand. Mr. Russell: My name is Pastor Russell. I'm the pastor there. I've been there five months. Pastor Russell at Beach Beacon Baptist Church. There are no immediate plans. I will speak to it in a moment about why we're doing what we're doing, and that would answer your question, but there are no immediate plans. That was a placeholder that was put in the file. I don't, I'm not sure even where that came from, but we do not have anything in concrete. Any, any construction on that site would not be expansion. It would be replacement in place. Mr. Camp: I thank you for answering the question. I'm going to yield back to the chair to conduct the rest of the hearing and maybe there'll be questions in discussion. Thank you, sir. Ms. Cuellar: Are there any additional questions for Mr. Beaman at this time? Thank you very much. Madam Clerk, you mentioned that we had some speakers. Clerk: Yes, we have three speakers. Our first speaker is Dennis Gronseth followed by Ellis Brooks. If you could state your name for the record when you start, sir. Mr. Gronseth: My name is Dennis Gronseth. I'm here with my wife Beth Gronseth. We live at 1300 Glen Burnie Court, which is right behind where this or the Panda Express is going to open up. So, when we first bought this house, I asked my realtor lady, what is the chance of them rezoning that? And she said she's never seen a church ever get rezoned to a commercial business. I don't think she lied to me. She might not have known, but I'm going to have, talk about my, our personal thing. We bought this house, and we bought it to be a forever house. We raised three kids in this house. All three of them had college degree. We enjoy having our grandkids come down because it's relatively quiet. Now let me talk a little bit about the financial. We upgraded the house, and we paid more than $200,000 upgrade. We added a pool, a new roof, which was a 30 year, and then we added a new kitchen, and we put Brazilian cherry hardwood on the whole first floor. We replaced all the windows, and the doors were highly efficient, Anderson windows and doors. I built when I could build things, a deck outside the back. We had one that came with the house. I built one that was a 16 by 16 foot, which had a pond in the middle. Of course, I had to get rid of all that because the leg, and we had a replacement composite material I designed. I also added a shed and the greenhouse to the property. Now, if this zone comes through, I'm never going to recoup any of that money when I sell the house because how many people would want a fast food in your backyard? Raise your hand, and the answer is, nobody's going to raise their hand. The value of my property, I don't care what anybody takes a survey, or my next speaker is going to tell you it's going to crash, and we're never going to recoup all the money that we put into the thing, pay our taxes on time, and that's all I have to say. Ms. Cuellar: Thank you very much. Clerk: Our next speaker is Ellis Brooks, followed by Greg Grubbs. Mr. Brooks: Good afternoon, Madam Chair and Commission members. My name is Norman Ellis Brooks. I live at 2317 Newstead Drive, which is on the corner of Newstead and Glen Burnie across from Mr. Gronseth. I along with other residents on Newstead, Glen Burnie, and Chippokes still do not agree with rezoning this property from a religious aspect. It's currently rezoning religious use rezoning R-20, and you're looking to zone it to B-2 business. By rezoning a portion of this property and allowing two fast food restaurant type businesses next to our properties highly unreasonable and will definitely affect our living conditions, and most definitely have a negative impact on our property values. Regarding property values, one home on Newstead just recently sold well in excess of $700,000. So, by changing this property and allowing these entities to build, there are going to affect all of the properties in these two cul-de-sacs, which used to be called Nimmo Courts, and at some point it changed, and they included our homes as part of Red Mill. Ten years ago, we were faced with this same thing when, Aldi's attempted to build an Aldi supermarket in this area on the same property values. At that time, I drafted a PowerPoint presentation, and a document, and went to each of the residents in those neighborhoods on Newstead, Chippokes, and Glen Burnie, 19 of the 22 signed that document objecting to having this property rezoned with that grocery store going there. So, if I went and did that same signature attention again, there's no doubt in my mind that they would object to rezoning this and have these restaurant type things in our backyards. So, some of the things that we included in the PowerPoint presentations in our excuses at that time was definitely the property values, increased traffic, increased noise, delivery trucks, garbage trucks, dumpsters, odors, rodents, rats, you name it. We experienced that already by living across from Red Mill Commons because when we bought there, there was nothing but soybean fields across the street. Now, I heard their comment about the dumpsters, the dumpsters, we heard the same thing when they constructed Red Mill Commons. The dumpster would only be picked up in normal hours to where it wouldn't affect us. I can tell you now, at 2 o'clock in the morning, the dump trucks, the dumpsters are being emptied across the street from us, behind those pines now. So, they say that they're going to be emptied at a certain time, that's not the case. There are many different companies that operate these dumpsters, and they come at different times. Ms. Cuellar: Mr. Brooks, do you have maybe one or two more comments, your time up? Mr. Brooks: So lastly, I just ask that each of you review the PowerPoint presentation and the email that I sent out yesterday. I really don't think any of you members or the city council would approve or want this type of restaurant, any type of food establishment in their backyard or next to their neighborhood. So, we object, and we thank you for the opportunity to speak. Ms. Cuellar: Okay. Just pause for one moment in case any of the commissioners have a question. Commissioner Plumlee? Mr. Plumlee: Mr. Brooks, you're Brooks, you're directly across the street from, is it the TJ Maxx? Mr. Brooks: Yes. I live behind. I face TJ Maxx. Mr. Plumlee: You face TJ Maxx. Are you able to walk across Newstead Drive to get to those commercial activities there or not? Mr. Brooks: No, we have to go. I mean, if you cut through the hedges. Mr. Plumlee: You have to run through the hedges, otherwise you have to walk around all that around. Mr. Brooks: Walk around, go into Starbucks. Mr. Plumlee: To use any of those commercial properties. Mr. Brooks: Right. Mr. Plumlee: Okay. Thank you very much. Ms. Cuellar: Thank you very much. Clerk: Our next speaker is Greg Grubbs, followed by our last speaker, Paul Rohr. Mr. Grubbs: Good afternoon, ma'am, ladies and gentlemen. Captain Greg Grubbs, United States Navy. I come before you this afternoon, in disguise, just in an effort, probably a failed effort to blend in with you, but neighbor here with Ellis and Dennis, and our neighbor and friend Scott isn't here as well, but, the four of us constitute 50% of the homes on the street directly behind the proposed development. All retired or about to be retiring military, plan to retire with 25 years of service here in a couple of years in what we planned would be our forever home with my wife. Emily is also a veteran, our older boys, and our new baby boy who just arrived nine days ago on May the 4t'. So not going to rehash, .you know, in an effort to respect your time. Not going to rehash all of the points that my friends and neighbors have made, but echo all of those, and then just more of an emotional appeal to you, that we want to kind of keep the neighborhood exactly the way that we found it. There's certainly not a lack of, not a deficit of restaurants or commercial property in the area. Certainly, not a need for a Panda Express specifically. There's one, less than five miles down the road on Princess Anne as Mr. Royal mentioned. So just acknowledging, you know, that I'm speaking to a very distinguished group of attorneys, entrepreneurs, retired fire department captain, retired master chief behind every successful Navy captain is even more successful master chief rolling her eyes. So, I certainly appreciate everybody here as valuable citizens of what is certainly the greatest city in the commonwealth. Probably the greatest city in the world. I don't know. I hope it's not too presumptive to assume that folks like us, veterans, that folks like you all would consider us, you know, valuable members of the citizenship as well, and would just ask that sort of our wishes and desires are weighed accordingly, and given some thought as you make your decisions. and I appreciate your time, pending your questions. That's all I have. Ms. Cuellar: Are there any questions for the speaker? Thank you very much for coming out today. Clerk: Our last and final speaker is Paul Rohr. Mr. Rohr: Good afternoon. My name is Paul Rohr. Our family owns 1304 Glen Burnie Court that is directly behind this proposed project. My father helped successfully stop Aldi from developing on this project where the church has owned this property for a long time. I was told that it was zoned R-10 originally for houses that pastor and the church had it rezoned R-20 for church use. They had two years to build the church. They did not build the church. From what I understand, they have been trying to sell off a portion of the land to be commercially developed so they can fund building their church. I can tell you Red Mill has blown up like crazy, the whole area. We have enough restaurants and shopping centers. What we don't have enough of is churches, this will so impact the value of our family's property. Nobody wants a commercial fast- food restaurant behind their house. There's no way they can control the noise. The noise studies that I've heard they've done, I don't know what time of day they were done at, but they're not taking into consideration this area right here if you had two restaurants operating with cars coming in and out 24 hours a day, the trucks, the construction impact, and the fact that the only driveway entrance they have goes directly behind our house. So, everyone coming in and off that property is coming right behind the house. They're talking about an eight -foot wall with a vegetation barrier. We have two story houses. There's no way you're going to be able to block the noise on the second floor. The lights from the cars coming in constantly shining in your windows at nighttime. On top of that, there is a huge problem with rodents from the current restaurants, the shopping centers coming over, so badly that last June we had rodents get under my father's house. At the time, didn't know, it ate a hot water pipe. They ate the hot water pipe. No one discovered the leak for weeks, the hot water pipe did a steam up. It did $120,000 worth of damage to my father's house. He fought this so hard with Aldi. We're directly opposed to this. As far as the impact value of the house, I'll go personal for a minute. My father died Sunday night. I literally have to be in an hour and a half at his wake. We had to have an appraisal done yesterday on the property. I asked the appraiser, if this project goes through, how bad will this affect our property? He said, it's going to crash. I said, explain crash. He said, easily by a quarter to a half of the value of that property. He said, nobody wants this in their backyard. It's literally in the backyard. Please think about that when you all vote. If you have any questions for me, I'll be happy to answer them. Ms. Cuellar: Thank you for being here today and please accept our condolences on the loss of your father. Mr. Plumlee: My condolences as well. Personal condolences to you and your family. Were you able to attend this community open meeting on March 25t'9 Mr. Rohr: No, I was not. I was traveling at that time and my father before he passed, he was pretty much bedridden. Mr. Plumlee: I see. Alright. Thank you very much. I appreciate you coming today. Ms. Cuellar: Thank you very much. Madam Clerk. I just wanted to confirm that was our last speaker. Clerk: That was our last speaker. Ms. Cuellar: Mr. Beaman, if you'd like to come up, please to rebut or possibly was the pastor going to speak? I wanted to double check. Mr. Robertson: Once again, I'm Russell Robertson. I have been at Beach Beacon Baptist Church for about five months now. The senior pastor retired. He had been there for about 20 years. Let me just speak to why we are doing what we're doing. The church merged with the original church on that property. We've been on that property for 35 plus years. Back in 89, Virginia Beach Baptist Church bought the property and when they bought it, they designed a building that was going to be temporary. The reason they built a temporary was that they plan to build off to the side where this acreage is and then take that building, pick it up, it's actually a bolted together building, and move it to another property and plant a church plant that way, and they plan to do that over and over. So, this church has been on this property for 35 plus years. We merged with them and over the last 10 years, it's become apparent that the building that we're in is in bad shape. So, it was a temporary building. We've been looking at ways to get out from underneath this temporary building and build. There have been several opportunities. None of them have come forward. So, it's no secret that we are the eyesore of the area. If you know the building, you know, the facility that we're in, if any home values are rocketing downward, it's because we have a temporary facility that just doesn't look very nice. So, we are looking at replacing, and to do that, we need finances. So, we've looked at opportunities to either move or to sell portions of our property. Panda came to us with an offer, after meeting with Panda and the attorneys and the people there, we've since felt that they would be a very good neighbor to us after reading about the things that they do in the community and in the schools, I can't imagine a better partner to be on that lot with their track record, their clean facilities, and so we are excited about them as partners and we're excited that it will provide the opportunity for us to get out from underneath these temporary buildings that weren't meant to be done for a long haul. Like I said, we are not planning to expand. We are planning to be permanent in this community, and this is the path forward right now that we have. So thank you for your time. Do you have any questions? Ms. Cuellar: Commissioner Byler? Ms. Byler: So please correct me if I'm misunderstanding, but what I hear you say is you intend to demolish your current building and rebuild on that site a permanent church? Mr. Robertson: Yes eventually. Yes, correct. So the permanent, the facility that we have is, we are worshiping in, so we would build off in the green space off to the right eventually and begin the process with the planning commission and everything and build a facility that would eventually be built in that green space area and then demolish the back parts of the trailers. We would still have to use the front part of the building for a little bit until we finish the full construction process. But yes, the plan would be to get out of these temporary on the backside. I don't know if you can see them from the pictures, but on the backside they're just trailers. When we bought those trailers and put them in there, they were temper. They had already been used; they were already past their life. So, these trailers are well past the end of their lives, and we've got to get out from underneath this facility. So that is the plan to build off to the side and then eventually, as we get moved into the new facility, to go ahead and raise that area. Ms. Byler: So, you're going to use the funds from the sale of this if it goes through to build a new building, which will either be on the same footprint or perhaps a little larger because of the accommodation of the trailer space? Mr. Robertson: Correct. Ms. Byler: From what I understand, you'll be under the 3-acre requirement and then you'll have to come before us to ask for a special concession because you'll have too small of a site. Is that the plan? Mr. Robertson: I do not believe that is a part of anything. We would, I think that is a part of this agreement right now. That agreement would be a part of what we're doing right here. Am I correct? Mr. Beaman: That's correct. Ms. Byler, this application would permit the 2.5-acre site. The church itself is on a conditional use permit, which was originally granted back in the 80s and is modified. So, their site plan, I believe, is locked in by virtue of that use permit, if I'm not mistaken. So, they will have to come back through the planning commission and city council process whenever they are ready to move forward with any sort of replacement. Ms. Byler: Okay. Thank you. Ms. Cuellar: Any additional questions? Thank you very much. Mr. Beman, if you wanted to come and rebut? Mr. Beaman: Yes, ma'am. Actually, just to supplement Randy's response regarding the valuation, I,1 believe what Mr. Socha was trying to do with the methodology was he actually found that the homes predate most of the commercial development around that area. So, what he looked at is, you know, once the resident, sorry, the retail the commercial uses came in on, on either side and across the street, did that have any impact on the value? I think what he found was the value stayed consistent in terms of what he would expect in that area, even had retail not been constructed and there wasn't additional turnover, additional sales. So that was the methodology, and I believe the intention of that. I think the fact that Mr. Books said that houses are still going for, you know, $700,000 or don't want to, I can't remember exactly what the number he gave, but that is evidence of high value. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Mr. Beaman, you attended the meeting in March? Mr. Beaman: Yes, I did. Mr. Plumlee: Panda Express came? Mr. Beaman: Yes, sir. Mr. Plumlee: And you presented these architectural drawings? Mr. Beaman: Yes, sir. Mr. Plumlee: Were there any alternate drawings presented for different designs for the community to consider? Mr. Beaman: Not that I'm aware of. I believe what we submitted to the city was what Randy made boards of, and we had those up at the meeting. Mr. Plumlee: Because I was looking online. There's a vast different varying numbers of designs for these types of structures and a way to try to blend them in to a community so they fold in and appear more aesthetically pleasing. I was just curious to know if there had been a process of choosing this design for this location to apply it in a way, the elevation that would make sense at this location. What went into that thought process? Mr. Beaman: Mike, you want to speak to the elevation selection? Mr. Everett: This is just the most current proto, you know, this has our, this is the most current prototype of the building is what it is with our newest finishes. So, we've obviously been in business since 1983, so there's various prototypes and, and types and shapes and sizes. Mr. Plumlee: So, if I understand you, this would be going forward your common footprint or your common correct elevation at all of your locations. Is that fair? Mr. Everett: Correct. This is pretty much the standard, there may be some site tweaks that meet, you know, needs in the specific area for your code, but this is the general aesthetic, yes. Mr. Plumlee: Alright, thank you. Ms. Cuellar: Was there anything else, have you finished Mr. Beaman, your rebut? Thank you very much. So, at this time, I'd like to entertain a motion and discussion. Commissioner Byler? Ms. Byler: I have a motion. I also have a couple comments. I do sympathize with the residents. I certainly do. But being familiar with that area, the proposal seems to match everything else that is in that area. It doesn't seem out of line at all. Based on that, I would make a motion that the application be approved. Mr. Coston: Second. Ms. Cuellar: There's a motion on the table from Commissioner Byler for approval. Second by Commissioner Coston. Any additional discussion? Commissioner Plumlee? Mr. Plumlee: I can't support this application. I tell you; this is an interesting corridor with a lot of commercial activity, but it's R-20 zone and we need housing sites, you know, and here we are putting this backed up into a community. We've not said, okay, you know, it should look this way, it should have a lower rise, it should, you know, these folks are already encroached upon in every direction and trying to live a peaceful life. I just think if you're already R-20, we need housing sites, and just to be fair to everyone, I mean, can we approve a plan, we don't see. I mean, half of the site is some elevation that someone at a different time will determine whether or not it is similar enough to the Panda Express, which may be outdated by 20 years at that point. Then what we're going to make it look like a Panda Express that's 20 years old. I just, I don't like that sort of bootstrapping of an approval. So that's why I can't support it. I can see others wanting to support it. We want to promote business, but that's my position. Ms. Cuellar: Thank you very much, commissioner. Commissioner camp? Mr. Camp: I also cannot support this motion and I'd like to explain why. There is too much going on too little land here. That we have the center parcel, which doesn't have a single extra parking space. It's exactly at the limit and that's permissible, but it's sandwiched between the sandwich. Sorry, that another busy fast food and an unknown church building in the future. We don't know what that's going to be, but we know it's going to be deficient on its acreage. I don't want to be sitting here telling a church, well, we let you do all this on the other side and now that you've backed into your own sanctuary plans, no, you can't do them. That's backwards to me. We know that the building is outdated. It is commendable that they want to invest their parishes proceeds back into reinvigorating that, there are elements of the site plan, thank Kimley-Horn for the designs that are pedestrian sensitive in this area, but there's just too much on too little land. When we look at, as Mr. Beaman said, the proxy that we use three acres isn't magic. Three acres is intended to buffer these uses by noise, which maybe is addressed, but also from traffic. That's to me, not satisfied here. We've introduced a tremendous amount of traffic onto this site and for those reasons, I could look at it differently if it was redesigned or if we knew more about the future church plans, but not as it's presented today. Thank you. Ms. Cuellar: Thank you very much. Commissioner. Are there any additional points of discussion? We have a motion on the floor. Clerk: The vote is open. By recorded vote of 5 to 5, items 8 and 9, Virginia Beach Beacon Baptist Church and CFT NV Developments, LLC has been recommended for denial. Vote Tall Commission Member AYE 5 NAY 5 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Proffers Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 2 The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. Proffer 3 The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. Proffer 4 The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. Proffer 5 Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987 and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three - acre minimum lot area required by the City Zoning Ordinance. 3. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: NORMAN BROOKS To: Marchelle L. Coleman Cc: Planning Administration; City Council Subject: Subj : Virginia Beach Planning Commission Hearing Wednesday, May 14, 2025 Date: Tuesday, May 13, 2025 4:06:21 PM Attachments: REZONING PRESENTATION FOR PANDA EXPRESS.DoN 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. 1. Ms. Marchella Coleman, I would like to introduce myself. I am Norman E. Brooks as property owner and resident of 2317 Newstead Drive, Virginia Beach, VA 23454. Our home is located on the corner of Newstead Drive and Glen Burnie Court. 2. My concern is regarding the Modification of Conditions (Religious Use) and Conditional Rezoning (R-20 Residential District to Conditional B-2 Business District) portion of 2301 Newstead Drive GPIN: 2414167704. I do not support the rezoning of this property. 3. I, along with the other residents residing on Glen Burnie Court and others on Newstead Drive, strongly object to rezoning the Religious Use Rezoning R-20 Residential District to B-2 Business District. 4. By rezoning this portion of property and allowing two fast food/restaurant type businesses next to our properties are highly unreasonable and will affect our living conditions and most definitely have a negative impact on our property values. 5. Ten years ago, we faced this same problem. The city was planning on rezoning this same property to permit construction of an Aldi Grocery Store. Prior to the Planning Commission meeting on this attempt, I drafted a document and power point presentation and presented them to 19 of the 22 residents. Nineteen of the twenty-two residents of Glen Burnie, Newstead, and Chippokes (area initially referred as the Nimmo Courts neighborhood) strongly objected to the rezoning at that time. There is no doubt in my mind that the residents of our area and those living in the Red Mill area across from Nimmo object to this proposed rezoning. 6. Ten years ago, several other residents along with myself met with Dr. Karen Kawsney (a member of the Planning Commission). At that meeting she reviewed the document containing the objection signatures including the Power Point Presentation. The Power Point listed the numerous concerns and negative impacts that would be levied upon all residents. Concerns were property values, increased traffic, increased noise, delivery trucks, garbage trucks, dumpster odors, rodents, rats, etc. 7. If possible I will try and attend the Planning Commission Meeting tomorrow. To ensure the entire members of the Planning Commission are aware of our same concerns as ten years ago, I would appreciate it if you would share this email and attached Power Point presentation. Each member should review this email and attachment. 8. Lastly, I would ask each Commission Member and the entire Virginia Beach City Council if they would approve any food establishments to be constructed and operating in their own back yard or across their street? 9 I respectfully request and plead that the Planning Commission and City Council deny rezoning this property. Thank you. V/r Norman E. Brooks (757) 779-4675 Residential Concerns and Obiections on the City of Virginia Beach Rezoning Parcel GPIN No. 2414-16-7704-0000 from R-20 to Conditional B-2 Prepared by: N. E. Brooks 2317 Newstead Drive Virginia Beach, VA 23454 Residential Objections Residents residing on Newstead Drive (between Nimmo Parkway and Princess Anne Road), Glen Burnie Court and Chippokes Court object to the rezoning a portion of the Virginia Beach Beacon Baptist Church property; ultimately resulting in the construction of a Panda Express and another unnamed food establishment on said property. Substantiating Reasons and Concerns Residential land and property values for properties located on Glen Burnie (adjacent to the proposed food establishments) will absorb a substantial decrease in monetary value This monetary decrease in value will then resonate and impact the remaining twenty properties on Glen Burnie Court, along Newstead Drive and Chippokes Court — A negative "Domino Affect" 10 All twenty-two properties and families of the Nimmo Courts neighborhood (which are located in the Princess Anne electoral district) will be adversely impacted Substantiating Reasons and Concerns (cont) Overall "Quality of Life" will be negatively impacted; especially by those properties located on Glen Burnie Court and the other fourteen properties located in Nimmo Courts No one wants a commercial business or a discount supermarket in their own backyard Not one member of the City Planning Commission or the Virginia Beach City Council would want this or any commercial business right in their backyard Increased private vehicular traffic on Newstead Drive and vehicle noise going to the supermarket Increased semi -truck deliv vehicles Substantiating Reasons and Concerns (cont) Residents located along Newstead already suffer from the noise from the semi-trucks/delivery vehicles servicing the Red Mill Commons businesses backed -up to Newstead Drive Deliveries occurring at all hours day and night 0 Noise from the delivery vehicles (engine noise, refrigeration generators on delivery trucks, unloading delivery vehicles) Substantiating Reasons and Concerns (cont) 0 Bright lights from the food establishments and parking lot ' Landscaping/cypress trees will not resolve light issue ' Light diffusers/shades will not resolve light and noise issues 0 Garbage dumpsters located at rear of supermarket ' Stench/smell (24 hours daily) 9 Rats, rodents and stray animal attractions in the area Substantiating Reasons and Concerns (ront) 19 Garbage trucks They are excessively noisy when emptying dumpsters • Trucks make a persistent and loud "beeping" noise when in reverse — Very annoying and disturbing ' Noise is increased when the dumpsters are slammed back down on the pavement ' Garbage trucks arrive at all hours day and night; especially early in the morning. Three to four in the morning is not uncommon. Residents located along Newstead already suffer from the noise made by the garbage trucks servicing the Red Mill Commons businesses backed -up to Newstead Drive - "` Substantiating Reasons and Concerns (cont) Why have these food establishmets in the backyards of an up -scale neighborhood? Home values in excess of over$700,000. This area already has numerous Oriental and Chinese food establishments in close provimity Substantiating Reasons and Concerns (cont) Having a two fast food establishments nest to the church and in the back yard of private residences "Just Doesn't Make Sense" and is detrimental and preposterous. Based on the aforementioned reasons, the residents on Glen Burnie Court, the five residents along Newstead Drive and Chippokes Court object to rezoning the Virginia Beach Beacon Baptist Church property and we thereby request the Virginia Beach City Council "permanently" deny the rezoning of said property. Closing Comments IV In closing, I have two final comments: Regarding the church property and contrary to what your staff believes, I do believe the request for the church being permitted to deviate from Section 240.1 of the Zoning Ordinance is not reasonable. I do not see where the City Council can find that there will be no significant detrimental effects of surrounding properties; when in fact this re- zoning will negatively impact our neighborhood and property values. Our Quality of Life and Property Values will diminish. • Finally, we do not believe re -zoning the church property is in compliance with the principles and goals of the Comprehensive Plan in that the re -zoning, by no means, enhances our existing neighborhood. • Thank you for the opportofftV to speak. Kimley»>Horn MEMORANDUM To: J. Randall Royal, P.E., Kimley-Horn and Associates, Inc. From: Ryan Chiene and Sarah Miller Kimley-Horn and Associates, Inc. Date: April 9, 2025 Subject: Panda Express Drive-Thru — Virginia Beach, VA — Noise Analysis Purpose The purpose of this memorandum is to evaluate the potential noise impacts associated with operation of the proposed Panda Express Drive-Thru project (project), located in the City of Virginia Beach, Virginia. Project Location The project site is generally located along Nimmo Parkway approximately 0.2-mile east of General Booth Boulevard and 0.3-mile north of Princess Anne Road in the City of Virginia Beach, Virginia (City). The project site is specifically located at 2301 Newstead Drive (Assessor's Parcel Number [APN] 24141677040000) at the southwest corner of Nimmo Parkway and Newstead Drive on an approximately 4.94-acre lot in the southern portion of the City. Development of the project would take place on a 2.44-acre portion of the larger parcel. Single-family residential uses are located directly to the north and south, Virginia Beach Beacon Baptist Church is located directly to the west, and multi- family residential uses are located southwest of the project site. Project Description The project site is currently undeveloped. The proposed project would construct two restaurants with drive-thru access, a 2,700 SF Panda Express restaurant on the eastern portion of the project site and a 2,600 SF restaurant pad on the western portion of the project site. The proposed project would provide one full -access access driveway in the southeastern portion of the project site along Newstead Drive for vehicular circulation. All necessary utility improvements including water, sewer, and storm drain would be constructed within the property limits. Standard hours of operation are 9:00 a.m. to 11:00 p.m., seven days/week. See FiPure 1: Site Plan for more details. Kimley>>> Horn Figure 1: Site Plan NOW PAWAr ^I [ c [ T •M •TII iQT R' '.T• E . � t^J rT ^ __ � � 1 � /� "'•"tea 1 11111 11 . v:r '•o-ll..Ll L. 1.. _ .x 1- nc r• p.. .: p Tr l 1 . vA... t[•.1 •E •.J 4 . I, THT F-,T•[ T'J"Il' / Jltserrn. C:" �nl art .frCT' AM+`• - C •Jew IJr. r. Jyg [ ..... E 41 HT F +.r l/ ! ,ti n'•-u.,-rsarr _.- K i' A. It In r F —PANDA LOT ' .' FT LOT t $ CHURCH LOT .1 .153 -- - [ I M T -. We 109 730 SF* 3 AC 's 2.00 ACRESt c �. .'w a T ily -! 6LT. r. \ [ [ E 10 [ It Al � ^.•1N. •v..e}.w.Tf I Page 2 LANDSCAPE LEGEND RL�eG� fOTI1ETx Y.Le 0 4T Nraca.wL+FLe " ucouous uraw vier �� rano.ror-1 "Tu ' War up -P [ie s 1 s 1 r ::'.nl. L ! clt-- •r�T R, •. .[_ I+tl ,9l J,e IL Jrlt� 9.1 .�.wWrYOb' ar>M ' Y9r • L �MLL A RrR {•s / Y elf i tlFl11. u.lM Ax 1. Fur ', I 19/ )E[!6 f4P � .eAi I I Jr�r•+bMp•L! 91 !A1 T Kimley»>Horn Noise Background Page 3 Sound is technically described in terms of amplitude (loudness) and frequency (pitch). The standard unit of sound amplitude measurement is the decibel (dB). The decibel scale is a logarithmic scale that describes the physical intensity of the pressure vibrations that make up any sound. The pitch of the sound is related to the frequency of the pressure vibration. Since the human ear is not equally sensitive to a given sound level at all frequencies, a special frequency -dependent rating scale has been devised to relate noise to human sensitivity. The A -weighted decibel scale (dBA) provides this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Noise, on the other hand, is typically defined as unwanted sound. A typical noise environment consists of a base of steady ambient noise that is the sum of various distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft ortrain passing by to virtually continuous noise from traffic on a major highway. Several rating scales have been developed to analyze the adverse effect of community noise on people. Since environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise as well as the time of day when the noise occurs. For example, the equivalent continuous sound level (LeQ) is the average acoustic energy content of noise for a stated period of time; thus, the Leq of a time -varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. The Day -Night Average Sound level (DNL) is a 24-hour average Leq with a 10 dBA "weighting" added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the nighttime. The Community Noise Equivalent Level (CNEL) is a 24-hour average Leq with a 10-dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. and an additional 5 dBA weighting during the hours of 7:00 p.m. to 10:00 p.m. to account for noise sensitivity in the evening and nighttime. The Day -Night Average Sound level (DNL) As mentioned above, the Day -Night Average Sound level (DNL) is a 24-hour average LeQ with a 10 dBA "weighting" added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the nighttime. The project site is located within the boundaries of the 65-70 DNL Noise Zone of the Air Installations Compatible Use Zones (AICUZ) Overlay of the City of Virginia Beach. As it relates to the project, the DNL noise metric is based on the number of aircraft operations that occur on an average annual day or average busy day over a 24-hour period. The DNL includes a 10 dB adjustment, or penalty, for aircraft noise occurring between 10:00 p.m. and 7:00 a.m. because people are more sensitive to noise during normal sleeping hours. DNL has become a standard noise metric used by many government agencies and organizations including the U.S. Environmental Protection Agency (U.S. EPA) and Federal Aviation Administration (FAA) for assessing aircraft noise. Kimley>>> Horn Page 4 Regulatory Setting Federal Noise Control Act of 1972 The Noise Control Act of 1972 (42 United States Cde § 4910) was the first comprehensive statement of national noise policy. The act declared "it is the policy of the U.S. to promote an environment for all Americans free from noise that jeopardizes their health or welfare." Although the act, as a funded program, was ultimately abandoned at the federal level, it served as the catalyst for comprehensive noise studies and the generation of noise assessment and mitigation policies, regulations, ordinances, standards and guidance for many states, counties, and even municipal governments. Code of Federal Regulations Title 40 (Parts 201, 202, and 205) and Title 49 (Part 210) Federal regulations related to noise are codified in the U.S. Code of Federal Regulations (CFR). The Federal Highway Administration (FHWA) sets federal regulations related to noise limits for medium and heavy trucks and locomotives. Federal noise regulations for medium and heavy trucks are contained in 40 CFR Part 201 and railroad noise regulations are contained in 49 CFR Part 210. The regulations set noise limits for locomotives and are implemented through regulatory controls on locomotive manufacturers. Federal regulations regarding motor carriers engaged in interstate commerce are contained in Title 40 of the CFR Part 202. The regulations set noise limits for motor carriers engaged in interstate commerce, including setting standards for highway operations. Federal regulations also establish noise limits for medium and heavy trucks (more than 4.5 tons, gross vehicle weight rating) under 40 CFR Part 205, Subpart B. The federal truck pass -by noise standard is 80 decibels (dB) at 15 meters from the vehicle pathway centerline. These controls are implemented through regulatory controls on truck manufacturers. Local Code of the City of Virginia Beach The following sections of the Virginia Beach City Code are applicable to the proposed project. Section 23-69 — Maximum sound levels and residential dwellings. a) Nighttime. No person shall permit, operate or cause any source of sound to create a sound level that can be heard in another person's residential dwelling during the hours between 10:00 p.m. and 7:00 a.m. in excess of 55 dBA when measured inside the residence at least four (4) feet from the wall nearest the source, with doors and windows to the receiving area closed. Kimley»>Horn Page 5 b) Daytime. No person shall permit, operate or cause any source of sound to create a sound level in another person's residential dwelling during the hours between 7:00 a.m. and 10:00 p.m. in excess of 65 dBA when measured inside the residence at least four (4) feet from the wall nearest the source, with doors and windows to the receiving area closed. c) Measurements in multifamily dwellings or mixed -use structures. In a structure used as a multifamily dwelling or a mixed -use structure, the police department may take measurements to determine sound levels from indoor common areas or other dwelling units within the structure, when requested to do so by a residential occupant in possession and control thereof. Such measurement shall be taken at a point at least four (4) feet from the wall, ceiling or floor nearest the noise source, with doors and windows to the receiving area closed. d) Exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in subsection (b) of this section: 1) Band performances or practices, athletic contests or practices and other school - sponsored activities on the grounds of public or private schools, colleges, or universities. 2) Athletic contests and other officially sanctioned activities in city parks or facilities. 3) Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property. 4) Gardening, lawn care, tree maintenance or removal, and other landscaping activities. 5) Agricultural activities. 6) Church bells, carillons, or calls to worship by other sound -producing devices. 7) Religious or political gatherings to the extent that those activities are protected by the First Amendment to the United States Constitution. 8) Public transportation, refuse collection and sanitation services. Section 23-71 —Specific prohibitions. The City of Virginia Beach prohibits the following acts: e) Noise -sensitive areas. The making of any unreasonably loud and raucous noise within two hundred (200) feet of any school, place of worship, court, hospital, nursing home, or assisted - living facility while the same is being used as such, that substantially interferes with the workings of the institution. f) Construction equipment. The operation of any bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, or other construction equipment between the hours of 9:00 p.m. and 7:00 a.m. except as provided in Municipal Code Section 23-67, or as specifically Kimley»>Horn Page 6 deemed necessary and authorized by a written document issued by the city manager or his designee. Section 23-72 — Sound levels; restaurants. The City of Virginia Beach prohibits operating or causing any source of sound to create a sound level emanating from a restaurant during the hours between 7:00 a.m. and 11:00 p.m. in excess of eighty (80) dB(A), or between 11:00 p.m. and 7:00 a.m. in excess of seventy-five (75) dB(A) when measured from any public area including, but not limited to, any public streets or sidewalks, or other private property. Article 18, Section 1805, Sound Attenuation Sound attenuation measures shall be incorporated in any use or structure located in the 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zones in accordance with the requirements of the Virginia Uniform Statewide Building Code. Appendix l: Airport Noise Attenuation and Safety Ordinance Section 5 — Acoustical performance standards. a) Except as otherwise provided, any residential use group building or structure or portion thereof constructed or placed within an airport noise zone after January 1, 1995, and any assembly, business, educational, institutional or mercantile use group building or structure or portion thereof constructed after November 17, 2005 shall be constructed to provide acoustical treatment measures in accordance with the Virginia Uniform Statewide Building Code. Joint Land Use Study and Air Installations Compatible Use Zones (JLUS/AICUZ) Program The Department of Defense (DoD) the DoD initiated the nationwide Joint Land Use Study program which addressed land use compatibility issues. The JLUS for the Hampton Roads region includes the jurisdictions of Virginia Beach, Chesapeake, and Norfolk, surrounding the three Navy fields in the region. The objective of the Hampton Roads JLUS is to provide recommendations regarding compatible land use development policy and implementation responding to the Navy's air mission in the region. Additionally, the DoD established the Air Installations Compatible Use Zones (AICUZ) Program to balance the need for aircraft operations and community concerns. Under the AICUZ program, the DoD provides noise zones as a planning tool for local planning agencies. Noise exposure is measures using the day -night average sound levels (DNL). The DNL contours on the AICUZ program maps reflect the noise exposure in the surrounding communities and the pact that noise impacts diminish with 714 939 1030 Kimley>>> Horn Page 7 distance from the airfield. DNL contours are used to assess average long-term noise exposure rather than the impact of a single event. Environmental Setting Existing Noise Sources The City of Virginia Beach experiences frequent flyovers and aircraft noise from the three military installations that the City hosts: the Joint Expeditionary Base Little Creek (U.S. Navy — U.S. Army), NAS Oceana and Dam Neck Annex (U.S. Navy), and Camp Pendleton (VA National Guard). The proposed project is located within the 65-70 DNEL Noise level area for the Naval Air Station (NAS) Oceana.'The Noise Level areas for Nas Oceana reflect the noise exposure in the surrounding community and displays how noise impacts diminish with distance from the airfield. The chief sources of noise from an airfield are maintenance run -ups and flight operations. The project area also experiences noise from mobile sources and stationary sources. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities. The existing mobile noise sources in the project area are the motor vehicles traveling on Nimmo Parkway, Newstead Drive, and General Booth Boulevard. The primary stationary noise sources in the project vicinity include mechanical equipment (e.g., heating, ventilation, and air conditioning [HVAC] equipment) and parking lot noise at the adjacent commercial and residential uses. Furthermore, stationary residential noise sources include children playing, dogs barking, birds chirping, and people talking. The noise associated with these sources may represent a single -event noise occurrence or short-term noise. Noise Measurements To quantify existing ambient noise levels in the project area, Kimley-Horn conducted five short-term measurements on March 17, 2025; see Appendix A: Noise Data. The noise measurement sites were representative of typical existing noise exposure within and immediately adjacent to the project site. The daytime measurements were taken between 1:28 p.m. and 2:25 p.m.. Measurements of Leo are considered representative of the noise levels throughout the day. The average noise levels and sources of noise measured at each location are listed in Table 1: Existing Noise Measurements and shown on Figure 2: Noise Measurement Locations. ' Naval Air Station Oceana Apollo Soucek Field Virginia Beach, Virginia. (2010). Joint Land Use Study (JLUS)/ Air Installations Compatible Use Zones (AICUZ) Planning Map. Retrieved from: https://www.yesvirginiabeach.com/_assets/Documents/BusinessDistricts/YesOceana/AICUZ-Planning-Map.pdf Kimley»>Horn Poge 8 Table 1: Existing Noise Measurements Site Location Measurement Start Duration Average Leq (dBA) Time Short -Term Noise Measurements In residential neighborhood south of 1:28 PM., Monday ST-1 the project site along Glen Burnie Ct. March 17, 2025 15 min 62.4 In the multi -family residential ST-2 neighborhood southwest of the project 1:48 PM., Monday 15 min 56.6 site along Wisteria Ln. March 17, 2025 Along western frontage of the project 2:05 PM, Monday ST-3 site, east of Beacon Baptist Church. March 17, 2025 15 min 62.1 In residential neighborhood north of 2:25 PM, Monday ST 4 the project site along Warner Hall Dr.. March 17, 2025 15 min 56.6 At the southwestern corner of the ST-5 project site near parking lot for the 1:15 PM, Monday 1.5 hours 59.5 Virginia Beach Beacon Baptist Church. March 17, 2025 Source: Noise measurements taken by Kimley-Horn and Associates, March 17, 2025. See Appendix A for noise measurement results. Sensitive Receptors Noise exposure standards and guidelines for various types of land uses reflect the varying noise sensitivities associated with each of these uses. Residences, hospitals, schools, guest lodging, libraries, and churches are treated as the most sensitive to noise intrusion and therefore have more stringent noise exposure targets than do other uses, such as manufacturing or agricultural uses that are not subject to impacts such as sleep disturbance. Sensitive receptors near the project site are shown in Table 2: Sensitive Receptors. Table 2: Sensitive Receptors Receptor Description Distance and Direction from the Project Virginia Beach Beacon Baptist Church Adjacent to the west Single -Family Residential Dwellings Adjacent to the south Single -Family Residential Dwellings 110 ft to the north Multi -Family Residential Dwellings 290 ft to the southwest Source: Google Earth, 20205. Kimley',>> Horn Figure 2: Noise Measurement Locations � } c If T /4tv [[ tom, t/ � ^ +�qi-�y� r•-- � .� jq kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 Page 9 Kimley»>Horn Operational Noise Impacts On -Site Operations Page 10 The project proposes to operate two drive-thru restaurants. The primary noise sources associated with the proposed drive-thru restaurants would consist of drive-thru operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, and mechanical equipment. Noise associated with the Project was modeled with the SounclPLAN software. SoundPLAN allows computer simulations of noise situations, and creates noise contour maps using reference noise levels, topography, point and area noise sources, mobile noise sources, and intervening structures. Modeled noise levels are based on reference data. A discussion of each project noise source and their distance to the nearest sensitive receptor is provided below. Drive-Thru Operations Standard operating hours for the proposed restaurants are 9:00 a.m. to 11:00 p.m. daily. Two drive- thru menu boards and intercoms (one for each drive-thru restaurant) would be located to the south of each proposed restaurant building. Project noise sources from drive-thru operations include amplified speech from the intercom, idling vehicles, and vehicles circulating along the drive-thru lanes. The proposed drive-thru speaker/intercom generates noise levels up to approximately 60 dBA at 32 feet.' The measured noise level associated with active vehicle idling/queuing at the drive-thru lane is 64 dBA at a distance of 20 feet.3 The closest sensitive receptors (single-family residences to the south) would be located approximately 190 feet south of the closest menu board and intercom. The Drive-thru menu boards and intercoms were modeled as point sources and drive-thru vehicle idling/queuing was modeled as an area source in SoundPLAN and positioned in accordance with the project site plan. Parking Lot Noise Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, which are based on a time -averaged scale such as the one -hour Leq and CNEL scales. The instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car pass-bys range from 53 to 61 dBA4 and may be an annoyance to nearby noise -sensitive receptors. Conversations in parking areas may also be an annoyance to nearby sensitive receptors. Sound levels of speech typically range from 33 dBA at 50 feet for normal speech to 50 dBA at 50 feet for very loud z HME, Engineering Department White Paper, Drive-Thru Sound Levels, July 31, 2020. 3 Drive-thru restaurant noise sample collected by Kimley-Horn on August 17, 2018. 4 Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. Kimley>>)Horn Page11 speech.' It is noted that the parking spaces at the southern extent of the project site would be designated for the Virginia Beach Beacon Baptist Church and would not be used by the proposed restaurants. Thus, parking lot noise would occur at the proposed surface parking lot as close as approximately 90 feet from the single-family residences to the south of the project site. Noise from on -site parking lot movements were modeled as a parking lot source in SoundPLAN to represent the parking areas south of the drive-thru restaurants. Mechanical Equipment The project would include HVAC units located on the rooftop of the restaurant building. Mechanical equipment (e.g., HVAC equipment) typically generates noise levels of approximately 52 dBA at 50 feet.6 The nearest sensitive receptors (single-family residences to the north) would be located approximately 200 feet from the proposed rooftop HVAC equipment. Rooftop mechanical equipment was modeled as point sources in SoundPLAN and positioned in accordance with the project site plan. Combined Exterior Noise Levels As discussed above, exterior noise levels associated with drive-thru operations, parking lot noise, and mechanical equipment were modeled with the SoundPLAN 9.1 software. Inputs to the SoundPLAN model included ground topography and ground type, noise source locations and heights, receiver locations, sound power level data. The SoundPLAN run for project operations conservatively assumes the simultaneous operation of all on -site noise sources. Utilizing the input data described above, SoundPLAN was used to calculate noise levels at the nearest sensitive receptors surrounding the project site. It should be noted that predicted noise levels are conservative estimates since it was assumed that all equipment and operational activity at the project site would occur in a constant, simultaneous manner. In reality, it is anticipated that these noise sources would occur intermittently throughout the day (except for rooftop HVAC which would operate in a steady-state manner). The modeled noise levels for the project are provided in Table 3: Proiect Operational Noise Levels and Figure 3: Proiect Noise Contours. As shown in Table 3, project -generated noise levels at the closest residential uses (single-family residences to the south) would range from 37.8 dBA LeQ to 45.3 dBA Leq in the project vicinity and would not exceed the City's 65 dBA noise standard. Further, project noise levels would comply with the 80 dBA noise standard for restaurants outlined in Virginia Beach City Code Section 23-72; see Figure 3: Proiect Operational Noise Contours. As such, operational noise levels from the project noise levels from standard operations would be less than significant. 5 Elliott H. Berger, Rick Neitzell, and Cynthia A. Kladden. Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. 6 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise NavigotorSound Level Database with Over 1700Meosurement Values, June 26, 2015. Kimley»>Horn Page 12 Table 3: Maximum Modeled Operational Noise Levels Land Use Maximum Modeled Noise Level (dBA ) Noise Threshold (dBA LeQ) Noise Threshold Exceeded? Virginia Beach Beacon Baptist Church (West) 41.8 65 No Single -Family Residences (North) 44.6 65 No Single -Family Residences (South) 1 45.3 1 65 1 No Multi -Family Residences (Southwest) 1 37.8 1 65 1 No Source: SoundPLAN version 9.1. See Appendix A for noise modeling data and results. Table 4: Composite Project Operational Noise shows project noise levels from all sources combined with existing ambient levels. As shown in Table 8, the maximum increase in ambient noise levels from the project would be 0.3 dBA during the daytime at the nearest residential uses which is unnoticeable 'Therefore, the proposed project would not result in a significant increase over existing ambient noise levels at the nearest noise -sensitive uses and would comply with the City's Noise Ordinance. A less than significant impact would occur in this regard. Table 4: Composite Project Operational Noise Levels Maximum Ambient Noise Ambient + Increase Modeled Noise Land Use Level Project Over Is' (dBA Ley) (dBA Leq) Ambient (dBA Virginia Beach Beacon Baptist Church (West) 62.1 41.8 62.1 0.0 Single -Family Residences (North) 56.6 44.6 56.9 0.3 Single -Family Residences (South) 62.4 45.3 62.5 0.1 Multi -Family Residences (Southwest) 56.6 37.8 56.7 0.1 Source: SoundPLAN version 9.1. See Aopendix A for noise modeling data and results. 7 According to the FHWA, Noise Fundamentals, https://www.fhwa.dot.gov/environment/noise/regulations_and_guidance/polguide/poIguideO2.cfm, a 3 dBA noise increase is barely noticeable. Kim ey>Morn Page13 Figure 3: Project Operational Noise Contours Noise levels Leq,d dB(A) - ; 55 t"50 - 55 45-50 =45 r ' Signs and symbols ^TY t > , #fir+. / , ' f ,♦ Main building r 'k�J. e'^ e� h J f� ." Length Scale 1:1805 0 10 20 40 60 60 31,� >, Kimley >>> Horn Kimley>»Horn Truck Deliveries/Trash and Recycling Pickups Page 14 The project would also include infrequent truck deliveries to the restaurant for goods replenishment and weekly trash/recycling collection from slow -moving trucks during normal daytime hours. 8 Noise would be generated during loading and unloading activities by the truck's diesel engines, exhaust systems, and brakes during low gear shifting and breaking activities; backing up towards trash/recycling pickup and delivery areas (known as back-up beepers); dropping down the truck ramps; and maneuvering away from the delivery area. The primary noise source during truck deliveries and trash/recycling pickups would be back-up alarms which produce a typical volume of 97 dBA at one meter from the source.9 Truck deliveries and trash/recycling pickups would take place approximately 150 feet from the nearest sensitive receptors to the north. Based on distance attenuation, truck delivery and trach/recycling pickup noise levels would attenuate to approximately 63.8 dBA, which is below the City's daytime noise standard of 65 dBA for residential uses. It is also noted that noise events from truck deliveries and trach/recycling pickups would be infrequent and instantaneous. Further, truck deliveries and trach/recycling pickups currently occur at the adjacent commercial properties to the east and west under existing conditions. Therefore, the proposed project would result in a less than significant impact related to truck delivery noise levels during project operations. Conclusion As discussed above, the project's operational noise levels would comply with City of Virginia Beach noise standards and would not create a substantial noise increase at nearby sensitive receptors. No mitigation measures would be required. Therefore, the proposed project would not result in significant effects related to noise. ° Trash/recycling pickups would occur between 8:00 a.m. and 8:00 p.m. and truck deliveries would take place during normal business hours (between 9:00 a.m. and 11:00 p.m.). 9 Environmental Health Perspectives, Vehicle Motion Alarms: Necessity, Noise Pollution, or Both? https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3018517/, accessed April 2025. Appendix A NOISE DATA Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-1 Date: 3/17/2025 Analyst: Tad Hardy Time: 1:28 PM Location: In residential neighborhood south of the Project site along Glen Burnie Ct. Results (dBA): Leq: Lmin: Lmax: Peak: 62.4 1 49.5 76.9 1 88.6 Equipment Sound Level Meter: LD SounclExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet I Photo: Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% Kimley 1>> Horn File Name on Meter LxT_Data.314.s File Name on PC LxTse 0004201-20250317 132802-LxT_Data. 314. Id bin Serial Number 0004201 Model SoundExpert• LxT Firmware Version 2.404 User Location Job Description Note Description Start 2025-03-17 13:28:02 Stop 2025-03-17 13:43:02 Duration 00:15:00.7 Run Time 00:15:00.7 Pause 00:00:00.0 Pre -Calibration 2025-03-17 13:24:03 Post -Calibration None Calibration Deviation -- Settings RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C Z Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 62.4 dB LAE 91.9 dB EA 173.915 µpa'h LApk 1-) 2025-03-17 13:37:48 88.6 dB LAFm 2025-03-17 13:37:47 76.9 dB LAFmIn 2025-03-17 13:40:25 49.5 dB SEA dB Exceedance Counts Duration LAF>85.0 dB 0 0.0s LAF>115.0 dB 0 0.0s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 5 Community Noise LDN Way 07:00-22:DO LNight 22:DO-07:00 62.4 62.4 LCeq 75.4 dB LAeq 62.4 dB LCeq - LAeq 13.0 dB LAleq 63.4 dB LAeq 62.4 dB LAleq - LAeq 1.0 dB Leq LF(ma.) LF(min) Lpk(ma. ) Overload Count Overload Duration OBA Overload Count OBA Overload Duration LDEN Way 07:00-19:00 LEvening 19:00-22:00 LNight 22:00-07:00 62.4 62.4 dB A C Z de Time Stamp dill,Time Stamp Stamp dB Time Stamp 62.4 75.4 76.9 2025/03/17 13:37:47 49.5 2025/03/17 13:40:25 88.6 2025/03/17 13:37:48 0 0.0 s 0 0.0 s Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-2 Date: 3/17/2025 Analyst: Tad Hardy Time: 1:48 PM Location: In the multi -family residential neighborhood southwest of the project along Wisteria Lane Results (dBA): Leq: Lmin: Lmax: Peak: 56.6 1 49.9 77.3 94.4 Equipment Sound Level Meter: LD SoundExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet Photo: Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% a a� ••. �1r� srr. - �. Klmley �» Horn File Name on Meter LxT_Data.315.s File Name on PC LxTse_0004201-20250317 134801-LxT_Data.315.ld1bm Serial Number 0004201 Model SoundExperte LxT Firmware Version 2.404 User Location Job Description Note Description Start 2025-03-17 13:48:01 Stop 2025-03-17 14:03:01 Duration 00:15:00.6 Run Time 00:15:00.6 Pause 00:00:00.0 Pre -Calibration 2024-08-05 06:25:29 Post -Calibration None Calibration Deviation --- RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 56.6 dB LAE 86.1 dB EA 45.739 µPa'h LApk imaxl 2025-03-17 13:48:10 94.4 dB LAFina 2025-03-17 13:56:40 77.3 dB LAFmin 2025-03-17 14:02:11 49.4 dB SEA dB LAF > 85.0 dB LAF > 115.0 dB LApk > 135.0 dB LApk > 137.0 dB LApk > 140.0 dB Community Noise LCeq LAeq LCeq -LAeq LAleq LAeq LAleq -LAeq Leq Lslmexl Lslminl Lpklmexl Overload Count Overload Duration OBA Overload Count OBA Overload Duration Exceedance Counts Duration 0 0.0 s 0 0.0 s 0 0.0 s 0 0.0 s 0 0.0 s LDN LDay 07:00-22:00 LNight 22:00-07:00 56.6 56.6 65.3 dB 56.6 dB 8.7 dB 59.0 dB 56.6 dB 76Ilk LDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNight 22:00-07:00 56.6 56.6 dB A C Z dB Time Stamp dB Time Stamp dB Time Stamp 56.6 65.3 77.3 2025/03/17 13:56:40 49.4 2025/03/17 14:02:11 94.4 2025/03/17 13:48:10 Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-3 Date: 3/17/2025 Analyst: Tad Hardy Time: 2:05 PM Location: Along Western frontage of the Project site, east of Beacon Baptist Church Results (dBA): Leq: Lmin: Lmax: Peak: 62.1 50.6 78.0 93.1 Equipment Sound Level Meter: LD SoundExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet Photo: Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% T 4i �� �� 6 Kimley oHorn File Name on Meter LxT_Data.316.s File Name on PC LxTse 0004201-20250317140501-LxT_Data. 316.Idbin Serial Number 0004201 Model SoundExpert•LxT Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2025-03-17 14:05:01 Stop 2025-03-17 14:20:01 Duration 00:15:D0.6 Run Time 00:15:00.6 Pause 00:00:00.0 Pre -Calibration 2024-08-05 06:25:29 Post -Calibration None Calibration Deviation --- RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 62.1 d8 LAE 91.6 dB EA 162.289 µPa2h LApk lmsx) 2025-03-17 14:14:08 93.1 dB LAFinax 2025-03-17 14:D9:24 78.0 dB LAFm 2025-03-17 14:13:39 50.6 dB SEA dB Exceedance Counts Duration LAF>85.0 dB 0 0.0s LAF>115.0 dB 0 0.0s LApk>135.0 dB 0 0.05 LApk>137.0 dB 0 0.0s LApk>140.0 dB 0 0.0s Community Noise LCeq LAeq LCeq LAeq LAI" LAeq LAieq-LAeq Leq LF(max) LF(m ) Lpk(max) Overload Count Overload Duration OBA Overload Count OBA Overload Duration LDN Way 07:00-22:00 LNight 22:00-07:D0 LDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNight 22:00-07:00 62.1 62.1 62.1 62.1 dB 74.3 dB 62.1 dB 12.2 dB 63.4 dB 62.1 dB 1.3 dB A C Z dB Time Stamp dB Time Stamp dB Time Stamp 62.1 74.3 78.0 2025/03/17 14:09:24 50.6 2025/03/17 14:13:39 93.1 2025/03/17 14:14:08 0 0.0 s 0 0.0 s Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-4 Date: 3/17/2025 Analyst: Tad Hardy Time: 2:25 PM Location: In the residential neighborhood north of the project site along Warner Hall Drive Results (dBA): Leq: Lmin: Lmax: Peak: 56.6 46.3 78.9 92.9 Equipment Sound Level Meter: LD Sound Expert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet I Photo: Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% y _ e u' r i :w �...-_ti4 .tfia:.'":ter---•'i_l; `_''�� Kimley o Horn File Name on Meter LxT_Data.317.5 File Name on PC LxTse 0004201-20250317 142500-LxT_Data.317.ldbin Serial Number 0004201 Model SoundExperta LxT Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2025-03-17 14:25:00 Stop 2025-03-17 14:40:02 Duration 00:15:01.6 Run Time 00:15:01.6 Pause 00:00:00.0 Pre -Calibration 2024-08-05 06:25:29 Post -Calibration None Calibration Deviation --- RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 56.6 dB LAE 86.2 dB EA 45.790 µpa'h LApk(max) 2025-03-17 14:37:11 92.9 dB LAFinax 2025.03-17 14:37:11 78.9 dB LAFmin 2025-03-17 14:27:40 46.3 dB SEA dB Exceedance Counts Duration LAF>85.0 dB 0 0.0s LAF>115.0 dB 0 0.0s LApk> 135.0 dB 0 0.0 s LApk>137.0 dB 0 0.0s LApk>140.0 dB 0 0.0s Community Noise LCeq LAeq LCeq - LAeq LAleq LAeq LAleq - LAeq Leq Ls(max) LF(min) Laklmax) Overload Count Overload Duration OBA Overload Count ORA Overload Duration LDN LDay 07:00-22:00 LNlght 22:00-07:00 56.6 56.6 66.5 d8 56.6 dB 9.9 dB 59.5 dB 56.6 dB J O AR LDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNlght 22:00-07:00 56.6 56.6 dB A C Z dB Time Stamp dB Time Stamp d8 I Time Stamp 56.6 66.5 78.9 2025/03/17 14:37:11 46.3 2025/03/17 14:27:40 92.9 2025/03/17 14:37:11 0 0.0 s 0 0.0 s Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-5 Date: 3/17/2025 Analyst: Tad Hardy Time: 1:15 PM Location: At the southwestern corner of the parking lot near the parking lot for Beacon Baptist Church Results (dBA): Leq: Lmin: 1 Lmax: Peak: 59.5 49.7 91.2 80.9 Equipment Sound Level Meter: LD SoundExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet Photo: JO • • .. ON :. • Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% i' a File Name on Meter LXT Data.078.s File Name on PC LxTse 0003364-20250317131642-LxT_Data.078.ldbin Serial Number 0003364 Model SoundExperte LxT Firmware Version 2.404 User Location Job Description Note Description Start 2025-03-17 13:16:42 Stop 2025-03-17 14:48:02 Duration 01:31:20.0 Run Time 01:31:20.0 Pause 00:00:00.0 Pre -Calibration 2025-03-17 13:13:21 Post -Calibration None Calibration Deviation --- O�erall Settings RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 124.1 dB A C 2 Under Range Peak $0.6 77.6 82.6 dB Under Range Limit 23.6 25.6 32.6 dB Noise Floor 14.4 16.5 23.4 dB First Second Third Instrument Identification 3364 UNIT 1 LAeq 59.5 dB LAE 96.9 dB EA 542.673 µpath LApk im•x) 2025-03-17 14:09:18 91.2 dB LAFinax 2025-03-17 14:09:18 80.9 dB LAFmin 2025-03-17 14:15:02 49.7 dB SEA dB Exceedance Counts Duration LAF>85.0 dB 0 0.0s LAF>125.OdB 0 0.0s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s Community Noise LDN Way 07:00-22:00 LNight 22:00-07:00 59.5 59.5 78.2 dB 59.5 dB 18.7 dB 61.1 dB 59.5 dB c ao LCeq LAeq LCeq - LAeq LAleq LAeq LAleq-lAeq Leq LF(max) LF(min) Lpi4max) Overload Count Overload Duration OBA Overload Count ORA Overload Duration LDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNight 22:00-07:00 59.5 59.5 dB A C 2 dB Time Stamp dB Time Stamp dB Time Stamp 59.5 78.2 80.9 2025/03/17 14:09:18 49.7 2025/03/17 14:15:02 91.2 2025/03/17 14:09:18 0 0.0 s 0 0.0 s Signs and symbols 0 Point receiver Properq �M/a _ � � en_Gf 1 ewmi ' DDeM 9au W_4 Yl- Date 4/4I2025 l .j• F Ae Length Scale 1:2101 0 10 20 40 eo eo ,/9 F /', !Nka m SoundPLANnoise 9.1 C:\Users\Sarah.Miller\OneDrive - KH\Desktop\OFFLINE _ Panda Express Drive Thru\Panda Express Noise Folder\3 Noise\4.2 Models\Sound PLAN 9.0\Panda Express Drive Thru\Sheetl.sgs Western Receivers-Church-Building-1 SCR G E 47.7 41.5 41.2 Western Receivers-Church-Building-2 SCR G E 48.1 41.8 41.6 Northeast Recievers_Building-1 SCR G SW 47.4 41 41 Northeast Recievers_Building-1 SCR F2 SW 47.6 41.3 41.2 Northeast Recievers_Building-2 SCR G SW 46.2 39.8 39.8 Northeast Recievers_Building-2 SCR F2 SW 46.3 40 39.9 Northeast Recievers_Building-3 SCR G SW 45.7 39.3 39.3 Northeast Recievers_Building-3 SCR F2 SW 45.8 39.5 39.4 Northeast Recievers_Building-4 SCR G SW 31.2 25.8 24.6 Northeast Recievers_Building-4 SCR F2 SW 43.9 37.6 37.5 Northeast Recievers_PropertyLine_l SCR G 48.2 41.9 41.8 Northeast Recievers_PropertyLine _2 SCR G 47 40.6 40.5 Northeast Recievers_Property Line_3 SCR G 45.8 39.5 39.3 Northeast Recievers_Property Line-4 SCR G 44.5 38.2 38.1 Norther Recievers_Property Line-1 SCR G 50.7 44.4 44.3 Norther Recievers_Property Line-2 SCR G 50.9 44.6 44.5 Norther Recievers_Property Line-3 SCR G 50.7 "A 44.2 Norther Recievers_Property Line_4 SCR G 49.8 43.6 43.4 Norther Recievers_Property Line-5 SCR G 48.7 42.4 42.2 Norther Recievers_Property Line_6 SCR G 47.8 41.5 41.3 Norther Recievers_PropertyLine _7 SCR G 45.1 38.9 38.7 Northern Recievers_Building-1 SCR G S 49.8 43.5 43.4 Northern Recievers_Building-1 SCR F2 S 50.3 44 43.9 Northern Recievers_Building-2 SCR G SW 49.9 43.6 43.5 Northern Recievers_Building-2 SCR F2 SW 50.4 44.1 43.9 Northern Recievers_Building-3 SCR G S 49.5 43.2 43.1 Northern Recievers_Building-3 SCR F2 S 50.1 43.7 43.6 Northern Recievers_Building-4 SCR G S 48.7 42.4 42.3 Northern Recievers_Building-5 SCR G S 48.4 42.1 41.9 Northern Recievers_Building-5 SCR F2 S 49.2 42.9 42.8 Northern Recievers_Building-6 SCR G SW 46.2 39.9 39.7 Northern Recievers_Building-6 SCR F2 SW 46.7 40.4 40.3 Northern Recievers_Building-7 SCR G S 40 33.7 33.6 Northern Recievers_Building-7 SCR F2 S 43.9 37.6 37.5 Southern Revievers_Building-1 SCR G N 47.7 42 41.2 Southern Revievers_Building-1 SCR F2 N 48.1 42.5 41.6 Southern Revievers_Building-2 SCR G N 47.4 41.8 40.9 Southern Revievers_Building-2 SCR F2 N 47.8 42.3 41.2 Southern Revievers_Building-3 SCR G N 46.5 40.4 40 Southern Revievers_Building-3 SCR F2 N 46.7 40.8 40.3 Southern Revievers_Building-4 SCR G NE 44.6 38.4 38.2 Southern Revievers_Building-4 SCR F2 NE 44.7 38.6 38.3 Southern Revievers_Building-5 SCR G E 41.8 35.6 35.4 Southern Revievers_Building-5 SCR F2 E 42.3 36.1 35.9 Southern Revievers_Property Boundary-3 SCR G 48.1 42.6 41.5 Southern Revievers_Property Boundary-4 SCR G 45.5 39.4 39.1 Southern Revievers_Property Boundary-5 SCR G 42.3 36.1 35.9 Southern Revievers_Property Line-1 SCR G 49.5 44.8 42.7 Southern Revievers_Property Line_2 SCR G 49.6 45.3 42.6 Southwestern Recievers_ApartmentComplex_Building-la SCR G E 42.7 36.5 36.2 Southwestern Recievers_ApartmentComplex_Building-la SCR F2 E 42.8 36.6 36.4 Southwestern Recievers_ApartmentComplex_Building-la SCR F3 E 42.9 36.7 36.4 Southwestern Recievers_ApartmentComplex_Building-lb SCR G SE 42 35.8 35.6 Southwestern Recievers_ApartmentComplex_Building-lb SCR F2 SE 42.1 35.9 35.7 Southwestern Recievers_ApartmentComplex_Building-lb SCR F3 SE 42.2 36 35.8 Southwestern Recievers_ApartmentComplex_Building-lc SCR G E 41.5 35.2 35 Southwestern Recievers_ApartmentComplex_Building-lc SCR F2 E 41.6 35.4 35.2 Southwestern Recievers_ApartmentComplex_Building-lc SCR F3 E 41.6 35.4 35.2 Southwestern Recievers_ApartmentComplex_Building-2a SCR G E 39.3 33 32.9 Southwestern Recievers_ApartmentComplex_Building-2a SCR F2 E 40.2 33.9 33.7 Southwestern Recievers_ApartmentComplex_Building-2a SCR F3 E 40.7 34.5 34.3 Southwestern Recievers_ApartmentComplex_Building-2b SCR G N 40.6 34.3 34.1 Southwestern Recievers_ApartmentComplex_Building-2b SCR F2 N 40.7 34.4 34.3 Southwestern Recievers_ApartmentComplex_BuRding-2b SCR F3 N 40.7 34.5 34.3 Southwestern Recievers_ApartmentComplex_BuRding-2c SCR G N 32.6 26.3 26.1 Southwestern Recievers_ApartmentComplex_Building-2c SCR F2 N 35.2 28.9 28.7 Southwestern Recievers_ApartmentComplex_Building-2c SCR F3 N 38 31.7 31.6 Southwestern Recievers_Apartment Complex_Building 9a SCR G N 38.3 32 31.9 Southwestern Recievers_ApartmentComplex_Building-3a SCR F2 N 39.2 32.9 32.7 Southwestern Recievers_ApartmentComplex_Building-3a SCR F3 N 39.8 33.5 33.3 Southwestern Recievers_ApartmentComplex_Building-3b SCR G N 32.7 26.5 26.3 Southwestern Recievers_ApartmentComplex_Building-3b SCR F2 N 35.3 29 28.8 Southwestern Recievers_ApartmentComplex_Building-3b SCR F3 N 37.8 31.5 31.4 Southwestern Recievers_ApartmentComplex_Building_3c SCR G N 32.2 26 25.8 Southwestern Recievers_ApartmentComplex_Building_3c SCR F2 N 34.7 28.4 28.3 Southwestern Recievers_ApartmentComplex_Building-3c SCR F3 N 37.2 30.9 30.8 Southwestern Recievers_Apartment Complex -Property Boundary_3 SCR G 44 37.8 37.5 Southwestern Recievers_ApartmentComplex-Property Boundary_2 SCR G 43.3 37.1 36.8 Southwestern Recievers_Apartment Complex -Property Boundary-3 SCR G 41.2 35 34.7 Southwestern Recievers_ApartmentComplex-Property Boundary_4 SCR G 40.4 34.1 33.9 Southwestern Recievers_ApartmentComplex-Property Boundary_5 SCR G 37.1 30.9 30.7 Church W 48.1 41.8 41.6 North SFR 50.9 44.6 44.5 South SFR 49.6 45.3 42.7 Southwest MFR 44 37.8 37.5 Modeled Noise Levels Receptor No. land Use Modeled Noise level — Daytime deA 1 Virginia Beach Beacon Baptist Church (West) 41.8 2 Single -Family Residences (North) 44.6 3 Single -Family Residences (South) 45.3 4 Multi -Family Residences (Southwest) 37.8 Min Floor Daytime 1 37.8 Composite Noise Levels Daytime Modeled Ambient Incteex Receptor land Use AmWeet Noise Level + Project Over Na Nola Level _kne Daytime dRA s'= dBAA (d&k �) AmbilM 1 Virginia Beach Beacon Ba ptist Ch urch (West) 62.1 41.8 62.1 0.0 2 Single -Family Residences (North) 56.6 44.6 56.9 0.3 3 Single -Family Residences (South) 62.4 45.3 62.5 0.1 4 Multi -Family Residences (Southwest) 56.6 37.8 56.7 0.1 & Company, Ina. Appraisal Report Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 265 Kings Grant Roaq Sute 105 Vir9no Beach VA 234528634 TEL (767) 631.4420 FAX (757) 631 A421 www SoweArgCo corn April 14, 2025 Mr. J. Randall Royal, PC Kimley-Horn 4525 Main Street, 1000 Virginia Beach, VA 23462 Email: Randy.Royalekimley-horn.com Re: Market Research for Red Mill Farm, Section 12 Acct. No. 252084 Glen Burnie and Chippokes Courts Virginia Beach, VA 23454 Dear Mr. Royal: At your request, I have researched the sales of residences in Red Mill Farm — South Shore Estates to determine if a proposed commercial development will impact adjacent residences within the subdivision. The retail development is proposed for the southwest corner of Nimmo Parkway and Newstead Drive. The crux of this research was to determine if the residences fronting the north side of Glen Burnie Court, that border the land to be improved with the retail development, will be negatively impacted. The scope of this assignment researched residential homes sales in South Shore Estates, as well as nearby Red Mill Farm. The South Shore Estates neighborhood contains 22 lots improved with custom-built homes ranging in size from 2,800 SF to 3,600 SF. The homes were constructed between 1994 and 1996. The neighborhood is bordered on the north by the unimproved church land, on the east by Newstead Drive and Red Mill Commons (retail), the south by a church facility, and the west by Red Mill Landing Apartments. The 22 residences were researched for recent transfer activity (within the last 10 years). The sale results are presented in the graph below. Mr. J. Randall Royal, PC Kimley-Horn April 14, 2025 Residential Home Sales - South Shore Estates $250.00 LL $200.00 N 'y V m '~ W tn � $100.00 in to Z $S0.00 $0.00 N f\ O n LOR jQ 00 M ,�.�.. Ln N � � o Ln w �o r� i, co co m am c o .1 .-i N rV m m [t O O O O O O O O O O O O O O O O O O O . N . . . N N N r4 N C4 N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N W N W N OO N W N W N 00 N 00 N W N 00 N The chart indicates there have been 8 transfers in the subdivision during the past 10 years, property values have trended higher during the term and the highest unit price was for a residence fronting Newstead Drive. The sales do not indicate the residences fronting Newstead Drive or Red Mill Apartments sell for less than the residences on interior lots within the subdivision. Most of the homes in the development are owned by the first buyer. Finally, Red Mill Commons was constructed in 2001, while the nearby Home Depot was constructed in 2004. Red Mill Apartments were constructed in 2010. The residences in South Shore Estates were constructed between 1994 and 1996. Adjacent and nearby commercial development has not impacted the property values in the subdivision. The same research was conducted on 20 homes within the northwest corner of Nimmo Parkway and Newstead Drive. The homes are part of Red Mill Farm, were constructed between 1984 and 1985 and range in size from 1,500 SF to 3,000 SF. This section of Red Mill Farm is bordered by Nimmo Parkway on the south and Hickman Place shopping center on the west. The 20 residences were researched for recent transfer activity (within the last 10 years). The sale results are presented in the graph below. Commerclal Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6834 TEL: (757) 631-4420 FAX: (757) 6314421 www.SosclaAndCo.com Mr. J. Randall Royal, PC Kimley-Horn April 14, 2025 Residential Home Sales - Red Mill Farm $250.00 LL $200.00h o CIZO iN\/1 $150.00<o ar V a $100.00 c $ S0.00 $0.00 00 '4 00 '-I 00 e 4 m m .-I .-I o, O N O N O r4 N N - rV N N N N N N M N M N M v N N O N \ O N \ O N \ O O N N \ \ O N \ O N \ O . \ O N \ O . \ O N \ O N \ O N \ O N \ O N \ O N \ O N \ O O N N \ \ .--1 M M •-i \ f\ '-1 .-- 4 rl .-1 M t\ M r-I Iq ti Mr" .--I '-I 11 '-I Mr, '-1 .-i .-1 .--1 M .--1 t` .-/ .--I e-1 M 'i f- e-I '-1 Iq M hh The chart indicates only 5 of the 20 homes have transferred during the past 10 years. Property values have trended higher during the term. The sales do not indicate the residences bordering Nimmo Parkway or the Hickman Place shopping center sell for less than the residences on interior lots within this section of Red Mill Farm. The conceptual plan of the proposed development is consistent with the existing retail/commercial development bordering Newstead Drive, Nimmo Parkway and the west side of South Shore Estates. Market research provided evidence that the surrounding neighborhoods were not impacted by the commercial development constructed since 2001. The research demonstrated a steady increase in property values and a low turnover of home ownership. The information relied on for this assignment accompanies this letter. Please call or email me if you should have additional questions regarding the information summarized in this letter. Respectfully su itted, John L. Soscia, MAI VA Certified General Real Estate Appraiser #1892 ausmCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631-"20 FAX: (757) 6314421 www.SosciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 1. A view, facing east, along the church driveway that extends from Newstead Drive 2. A view, facing south, of 1304 Glen Burnie Court from the undeveloped church property (Area of proposed retail development) 'Wam Commercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6834 TEL (757) 6313420 FAX: (757) 631-4421 www.5osciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 3. A view, facing north, of the undeveloped church land, north of 1304 Glen Burnie Court 4. A view, facing south, of 1300 Glen Burnie Court from the undeveloped church property (Area of proposed retail development) lwam Commercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL- (757) 631-4420 FAX: (757) 631d421www.5osei&AndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 A view, facing north, of the undeveloped church land, north of 1300 Glen Burnie Court 6. A view, facing west, along the church driveway that extends from Newstead Drive MOMCommercial Real Estate Appraisers and Consultants & COmpany, lnC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631.4420 FAX: (757) 631-4421 www.SosciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 7. A view, facing north, along Newstead Drive from the entrance apron of the church property 8. A view, facing south, along Newstead Drive from the entrance apron of the church property MOMCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6834 TEL- (757) 6314420 FAX: (757) 6314421 www.SosclaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 ... ;�Y t� »Di"•�:�.� , - - ..-. c.1.v,ntii`ans ,C:`. f :l:��rs..�-ri rr. '_�U.ti�;�iirs� . ,. ,. " r"*wi�eAc , 3! kf. .... - 9. A view, facing south, along Newstead Drive from the intersection of Glen Burnie Court 10. A view, facing north, along Newstead Drive from the intersection of Glen Burnie Court 'Wam Commercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6834 TEL (757) 631- 420 FAX: (757) 631-4421 www.SosciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 11. A view, facing west, along Glen Burnie Court from the intersection of Newstead Drive 12. A view, facing north, of 1300 Glen Burnie Drive lwam Commercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach, VA 23452-6834 TEL: (757) 631- 420 FAX: (757) 631-4421 www.SosciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 13. A view, facing north, of 1304 Glen Burnie Court 14. A view, facing east, of Newstead Drive and the landscape buffer of Red Mill Commons =am Commercial Real Estate Appraisers and Consultants & Company, InC, 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6834 TEL: (757) 631- 420 FAX: (757) 631.4421 www.SosciaAndCo.com C � � LANDSCAPE LEGEND 1 - NIMMO PARKWAY SYE WTMIGEfNAE TREES 1 O GT.NDF[CTrWCfRH 1 k d _ .. PNOPD1 D I NDE PEDEs,Nu.N P.>» �.. ui.NEvOeCNEEN iNE£ DEm,a E1,R�P.TREE C L � EusnNG urnEsuvw ... F /n�NiO wok - �•NroN uOrvcuENr Su+ • e•DN PFuwNc'wE. cNaW LNEE .•\ . ESrRFFf FRaNiMEiREE� NEW ft.? _ 1 � d/ m R �1 � Y iRNNW r _. 11II ,qIE I On fCI Y)E R tAl • sNEEr FRON..cE vwue SCREE.- S.RW3 ` f I UrECDr+v iv BvrtcN 2—SF P N410i L��� (rw.) I.MC Sf I I corWew—.NEEN Pwun • VNOE E�FRCAEEN srwuB t ruro uxosc.nNc _ _ __ Ey Nwowc FDUNONrwN .NDscNRNc .m., I•s •x ,� - E RACIc BN: � (� sR.ct:) a ;s"v":¢ , swFRONiNCE iss .v� c �, ■ s ¢ G dr � E �,m /mmgW •o« rw wig, ata � NID RA / —I IS(v rc � RNaRosED Nar a wNr uNE �,� OWN llri IF iOD � �aN` � ,i �Ar/ M"7 , � m . 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SOSCIA, MAI GENERAL Professionally preparing research and appraisal reports for commercial, industrial, special purpose, agriculture and residential properties since 1989. ACADEMIC Bachelor of Science Degree in Finance, Virginia Polytechnic Institute and State University, Blacksburg, Virginia (1988) Professional Seminars/Examinations in ... Real Estate Appraisal Principles, American Institute of Real Estate Appraisers Basic Valuation Procedures, American Institute of Real Estate Appraisers Capitalization Theory & Techniques, Part A: American Institute of Real Estate Appraisers Capitalization Theory & Techniques, Part B: Appraisal Institute Standards of Professional Practice, Parts A & B: Appraisal Institute Case Studies in Real Estate Valuation: Appraisal Institute Report Writing: Appraisal Institute Demonstration Report: Appraisal Institute Comprehensive Exam: Appraisal Institute Virginia Real Estate Law, State Approved Seminar, 1996 Appraisal of Retail Properties, Appraisal Institute, 1997 Standards of Professional Practice, Part C, Appraisal Institute, 1998 Standards of Professional Practice, Part C, Appraisal Institute, 2001 Government: Qualified Witness — Circuit Court, Virginia Beach, Virginia Qualified Witness -- Circuit Court, Norfolk, Virginia Qualified Witness — United States Federal Court, Norfolk, Virginia Qualified Witness — Circuit Court, Suffolk, Virginia Qualified Witness — Circuit Court, Isle of Wight County, Virginia Qualified Witness — Circuit Court, Portsmouth, Virginia SCOPE OF APPRAISAL EXPERIENCE Market Value Rent Levels Insurance Value Easement Value Investment Potential Feasibility Discounted Market Value Estate and Ad Valorem Taxation Compensation and Damages in Eminent Domain Involving Real Property in Categories of... COMMERCIAL INDUSTRIAL RESIDENTIAL Medical Offices Warehousing Apartments Shopping Centers Manufacturing Condominiums Retail & Service Stores Distribution Trailer Courts Subdivisions PROFESSIONAL AFFILIATIONS Member of the Appraisal Institute (MAI No. 11344) STATE LICENSE Certified General Real Estate Appraiser, Commonwealth of Virginia (No. 1892) Certified General Real Estate Appraiser, State of North Carolina (No. A7338) OTHER Appraisal Institute Leadership Development & Advisory Council Conference Chapter Representative, 2000, 2001 and 2002, Washington, DC President, Hampton Roads Chapter of the Appraisal Institute 2012 Member, Kiwanis Club of Lynnhaven NOTICE: This e-mail (and any attachments) from a law firm may contain legally privileged and confidential information. If you received this message in error, please notify the sender and delete it. Any unauthorized reading, distribution, copying, or other use of this e-mail (and attachments) is strictly prohibited. E-mails may be monitored or scanned for security and compliance purposes. For more information, including privacy notices and policies, please visit www.troutman_com. If services are provided by Troutman Pepper Locke UK LLP, please see our London office page (www troutman.com_/off�es/london htm0 for regulatory information. Jennifer A. Grundler From: Sent: To: Subject: Follow Up Flag: Flag Status: FYI Amanda Barnes, MMC Amanda F. Barnes Tuesday, June 3, 2025 10:19 AM Jennifer A. Grundler; Terri H. Chelius FW: Deferral Request - Applications of Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Follow up Flagged City Clerk 2401 Courthouse Drive, Suite 2116 Virginia Beach, VA 23456 (757) 385-4303 From: Beaman, Robert P. <rob.beaman@troutman.com> Sent: Monday, June 2, 2025 2:54 PM To: Amanda F. Barnes <ABarnes@vbgov.com> Cc: Marchelle L. Coleman <MColeman@vbgov.com>; Joel Ankney <joel@jalawoffice.com> Subject: Deferral Request - Applications of Virginia Beach Beacon Baptist Church & CFT NV Developments, 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. Ms. Barnes, I write to request that the conditional re -zoning and modification of conditions applications of Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC, which are currently scheduled to be heard by the City Council on June 17, 2025, be deferred to the July 8, 2025 City Council meeting. Please let me know if you have any questions or need additional information. Thanks very much, Rob Beaman Robert P. Beaman III Partner Direct: 757.687.7547 rob. beaman(a)troutman.com troutman pepper locke 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 troutman.com R20 ® Site Property Polygons Zoning Building 191 �?%aio 15 0 Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Portion of 2301 Newstead Drive MA 17A Ve Feet 0 4080 160 240 320 400 480 S �Hl t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC [Applicant] VIRGINIA BEACH BEACON BAPTIST CHURCH [Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) & Conditional Rezoninq (R-20 Residential District to Conditional B-2 Community Business District) for the property located at 2301 Newstead Drive (GPIN 2414167704). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: June 17, 2025 (Deferral Requested to the July 8th CC Hearing) ■ Background: Virginia Beach Beacon Baptist Church is requesting a Modification of Conditions to remove 2.44 acres from the bounds of their existing Conditional Use Permit for a Religious Use, and CFT NV Developments, LLC is requesting to rezone that same 2.44 acres from R-20 Residential District to Conditional B-2 Community Business District. The subject property is 4.9 acres and is located at the intersection of Nimmo Parkway and Newstead Drive. The original Conditional Use Permit for the Religious Use was granted by City Council on November 9, 1987 and Virginia Beach Beacon Baptist Church has operated at this site since 1990. A Modification of Conditions was granted on November 27, 2007, to allow the addition of two modular classrooms at the rear of the church building. The church now seeks to sell a portion of the property to CFT NV Developments, LLC to redevelop the site. In order to facilitate this sale, a Modification of Conditions is required. If approved, the church's lot area would be reduced from 4.94 acres to 2.5 acres. Since the Zoning Ordinance requires a minimum lot area of three acres for Religious Uses, the applicant is requesting a deviation to this requirement with the Modification of Conditions. A total of 37 parking spaces are required for 185-seat sanctuary, while 54 parking spaces are provided on site, exceeding the requirement by 17 spaces. The church also intends to expand its building in the future and add 25 additional parking spaces along the main drive aisle. Any future expansion will require another Modification of Conditions be considered by the City Council for approval. CFT NV Developments, LLC proposes to subdivide the 2.44-acre portion of the church property into two separate lots: a 1.31-acre lot for a Panda Express restaurant and a 1.12-acre lot for an undetermined fast-food restaurant. The proposed Panda Express will occupy a 2,700-square-foot building with a height of 23 feet, 3 inches. The exterior building materials will include EIFS, fiber cement panels, stone veneer, black storefront glazing, a standing -seam metal roof, Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 2of5 and a black and red aluminum trellis. While the second restaurant tenant has not been identified, Proffer 3 ensures that it will be constructed with comparable materials and architectural style. Landscaping for both lots will meet zoning requirements, including streetscape, foundation plantings, and interior parking lot landscaping. A 15-foot Category IV buffer will be provided along the western property line (adjacent to the church) and the southern property line (adjacent to single-family residences). To enhance privacy and screening for neighboring homes to the south, the developer proposes installation of an eight -foot -tall, opaque wood -look vinyl fence, with large evergreen trees planted to the north and large evergreen shrubs to the south of the fence. A right-of-way dedication is proposed along Newstead Drive for the addition of a right -turn lane and new sidewalks. In accordance with the Active Transportation Plan recommendations, the applicant is proposing to construct an eight -foot -wide pedestrian side path along Nimmo Parkway, connecting to the existing sidewalk network west of the parcel and the five -foot -wide sidewalks along Newstead Drive. Each restaurant site will feature one monument -style freestanding sign, limited to eight feet in height and constructed using materials and colors consistent with the respective restaurant buildings. Parking requirements are met on both lots: the Panda Express (2,700 sq. ft.) requires 27 parking spaces and provides 39, exceeding the requirement by 12, and the future fast-food restaurant (2,600 sq. ft.) requires 26 spaces, all of which are provided. In addition, five bicycle rack spaces will be installed on each site. The proposed hours of operation for both restaurants are 9:00 a.m. to 11:00 p.m., daily. Two dumpsters are proposed, one on each parcel. As per Proffer 4, to minimize disruption to nearby residents, dumpster service will occur only between the hours of 8:00 a.m. and 8:00 p.m. ■ Considerations: Staff finds the proposal aligns with the policies and goals of the Comprehensive Plan for the Suburban Area, which emphasizes the creation and maintenance of great neighborhoods. The proposed use is consistent with the Plan's vision for the area, and the site and building designs are visually appealing and will foster social interaction. The development of the proposed restaurants aligns with the goals of the Suburban Area, which encourages a balanced mix of land uses that enhance daily life for residents. Redevelopment of the site is considered compatible infill development that complements the existing neighborhood. Key elements of the Suburban Area development guidelines, including streetscape plantings, enhanced buffering, and pedestrian connectivity, have been incorporated into the proposal. Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 3 of 5 One letter of opposition was received and four speakers in opposition were in attendance at the Planning Commission Hearing, stating concerns related to traffic, rodents, reduced property values, and noise. To address concerns from adjacent property owners, the applicant provided a market research appraisal report prepared by a local appraiser who researched sales of residences in the vicinity over the previous 10 years and any impacts adjacent commercial development had on those sales. The market analysis indicated no evidence that the adjacent residential lots are negatively impacted by commercial development in the area. Though not required, a noise analysis was provided to evaluate sound levels from order boards, intercoms, parking lot activity, mechanical equipment, truck deliveries, and waste collection. The results indicated that noise from the proposed restaurants will remain well within the City's Noise Ordinance limits for both day and night operations, with no significant impact on neighboring properties. Both documents are attached for further review. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 14, 2025, the Planning Commission made a motion to recommend approval of this request; however, that motion resulted in a split 5 to 5 vote and therefore, the motion failed. Due to the failed motion, the recommendation moved forward as one for denial. If the City Council chooses to approve the request, Staff recommends the following conditions and proffers offered by the applicant: Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987 and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. 2. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three -acre minimum lot area required by the City Zoning Ordinance. 3. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 4 of 5 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Conditional Rezoning Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 2 The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. Proffer 3 The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Page 5 of 5 Proffer 4 The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. Proffer 5 Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Letter(s) of Opposition (1) with PowerPoint slides Noise Analysis Market Research Appraisal Report Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. r- Submitting Department/Agency: Planning Department C City Manager: ltO Project Details Requests Modification of Conditions (Religious Use) Conditional Rezoning (R-20 Residential District to Conditional B-2 Community Business District) Staff Recommenda tion Approval Staff Planner Marchelle Coleman Location 2301 Newstead Drive GP/N 2414167704 Site Size 4.94 acres A/CUZ 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Religious Use / R-20 Residential Surrounding Land Uses and Zoning Districts North Nimmo Parkway Single-family dwelling, shopping center / R-7.5 Residential, / Conditional B-2 Community Business South Single-family dwelling / R-20 Residential East Newstead Drive Shopping Center / B-2 Community Business West Shopping center / Conditional B-4 Mixed Use CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 1 of 25 • The applicants are seeking a Modification of Conditions to remove 2.44-acres from the Conditional Use Permit associated with the existing Religious Use on the site and a Conditional Rezoning request to rezone the same 2.44-acres from R-20 Residential District to Conditional B-2 Community Business District to create two lots, each of which will be developed with a restaurant. • Virginia Beach Beacon Baptist Church has existed on this 4.94-acre, R-20 zoned parcel since 1990. A Conditional Use Permit for a Religious Use was granted by City Council on November 9, 1987, with a subsequent Modification of Conditions approved by City Council on November 27, 2007, to add two temporary modular classrooms on the property. The church now seeks to sell a 2.44-acre portion of the property for redevelopment. To remove the 2.44 acres from the Conditional Use Permit, a Modification of Conditions is required. • With the sale of this portion of the property, the lot area for the Religious Use will be reduced from 4.94 acres to 2.5 acres. As the Zoning Ordinance requires Religious Uses to have a minimum lot area of three acres, a deviation to the minimum lot area requirement is being requested through the provisions of Section 221(i) of the Zoning Ordinance. Virginia Beach Beacon Baptist Church has a total of 185 seats in the main sanctuary. Currently, there are 54 parking spaces on the property, exceeding the required parking by 17 spaces. The church intends to expand the building on site in the future and add 25 additional parking spaces along the main drive aisle as shown on the conceptual site and landscape plan. Any future expansion to the church will require a Modification of Conditions. CFT NV Developments, LLC proposes to subdivide a 2.44-acre portion of the Virginia Beach Beacon Baptist Church property into two lots: one, 1.31 acres, for a Panda Express, and the other, 1.12 acres, for an undetermined fast-food restaurant. The proposed Panda Express will be comprised of a 2,700 square foot building with a total building height of 23 feet and 3 inches. Exterior building materials consists of EIFS, fiber cement panels, stone veneer, black storefront glazing, standing -seam metal roof, and a black and red aluminum trellis element. While the other proposed fast-food restaurant has not been determined at this time, as noted in Proffer 3, the commercial building shall be constructed using a comparable quality of materials and a compatible architectural style. • Streetscape, building foundation, and interior parking lot plantings are provided on the proposed lots as required by Appendix C of the City's Site Plan Ordinance. Per Section 903 of the Zoning Ordinance, when a B-2 zoned lot adjoins a residential district, a 15-foot-wide Category IV buffer is required. A 15-foot Category IV buffer will be provided along the western property line adjacent to the existing church and along the southern property line adjacent to single-family homes to the south. To provide enhanced screening adjacent to the residents to the south; installation of an eight -foot -tall opaque Sherwood -style vinyl fence is proposed. Large evergreen trees will be installed north of the fence and large evergreen shrubs will be installed south of the fence closer to the residential properties. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 2 of 25 • To accommodate the installation of a right -turn lane and new sidewalks, a right-of-way dedication is proposed along Newstead Drive. In accordance with the Active Transportation Plan, the applicant intends to construct an eight -foot -wide pedestrian side path along this section of Nimmo Parkway, connecting to the existing sidewalk west of the parcel and the five -foot -wide sidewalks along Newstead Drive. • One freestanding monument style sign will be provided on each lot for the proposed restaurants. As proffered, the freestanding signs shall be monument style, a maximum of eight feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. All proposed signage on the sites shall meet the requirements of the Zoning Ordinance, unless a variance is granted by the Board of Zoning Appeals. • Per Section 203 of the Zoning Ordinance, eating and drinking establishments are required to provide one parking space per 100 square feet of floor area. The Panda Express, with a floor area of 2,700 square feet, requires 27 spaces, and provides 39, exceeding the requirement by 12 spaces. The proposed building on the western lot, totaling 2,600 square feet, requires 26 spaces, all of which are provided. • Five bicycle rack spaces have been provided on each restaurant site. • Two dumpsters are proposed on the site, one on each restaurant parcel. To alleviate noise and disturbance to adjacent neighbors, Proffer 4 indicates that the dumpsters will only be emptied between the hours of 8:00 a.m. to 8:00 p.m. each day. • Typical hours of operation for the proposed restaurants will be 9:00 a.m. to 11:00 p.m., daily. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 3 of 25 # Request MDP Approved 01/17/2023 MDP Approved 03/08/2017 1 CRZ (R-20 to Conditional B-2) Approved 05/27/2014 STC Approved 01/17/2023 2 CUP (Columbarium) Approved 11/01/2016 STC Approved 04/25/1988 CRZ (0-2 to Conditional B-2) Approved 09/21/2021 3 CUP (Automobile Service Station) Approved 09/21/2021 CUP (Car Wash Facility) Approved 09/21/2021 4 CUP (Bulk Storage Yard) Approved 08/21/2018 CUP (Bulk Storage Yard) Approved 09/20/2016 MDC Approved 08/12/2008 CUP (Bulk Storage Yard) 08/05/2003 CUP (Auto Service Establishment) Approved 12/05/2000 CRZ (Conditional 0-1 & R-20 to Conditional B- 2) Approved 09/08/2009 5 CRZ (R-20 to Conditional 0-1) Approved 08/08/1995 6 CUP (Hair Care Center) Approved 05/13/2008 CUP (Religious Use) Approved 01/11/2000 7 CRZ (AG-2 to Conditional B-4) Approved 01/22/2008 Approved 01/11/2000 8 MDC (Religious Use) Approved 11/27/2007 CUP (Religious Use) Approved 11/09/1987 MDC Approved 11/22/2005 9 CRZ (R-20 to Conditional 0-1) Approved 11/23/1993 10 CRZ (R-20 to Conditional AG-2) Approved 11/27/2001 CRZ (0-2 to Conditional B-1A) Approved 10/12/1999 ii CRZ (0-2 to Conditional B-1A) Approved 05/24/1998 Applica tion Types CUP: MDC: Modification of Conditional Conditions Use Permit MDP: Modification of Proffers REZ. NON: Nonconforming Use Rezoning STC: Street Closure CRZ: FVR: Floodplain Variance Conditional ALT.' Alternative Compliance Rezoning SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 4 of 25 In Staff's opinion, these requests for a Modification of Conditions to remove 2.44-acres from the previously approved Conditional Use Permit for a Religious Use, as well as a Conditional Rezoning to rezone the 2.44- acres from R-20 Residential to Conditional B-2 Community Business District to allow for the construction of two restaurants on separate one acre lots are acceptable. As per the Comprehensive Plan, the Suburban Area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. Staff believes the development of the proposed restaurants aligns with the goals of the Suburban Area, which encourages a balanced mix of land uses that enhance daily life for residents. In Staff's view, the development is seen as a compatible infill development that complements the existing neighborhood. The applicant worked with Staff to ensure pedestrian crossings are provided with stop signs to be installed within drive-thru lanes where crosswalks intersect to improve connectivity to the street frontages and throughout the sites. Additionally, Staff believes the design of the site and buildings will be visually appealing and will foster social interaction. The conceptual site and landscape plan outlines a comprehensive design that enhances the visual appeal of the property along Nimmo Parkway. Key proposed improvements include the integration of pedestrian crossings, designated bike rack spaces on each lot, and a Category IV buffer along the southern property line, featuring large evergreen trees and shrubs. Additionally, a Category IV buffer is planned for the western property line, and an eight -foot side path will be incorporated, in alignment with the recommendations of the Active Transportation Plan. In Staff's opinion, these improvements collectively aim to foster a pedestrian - friendly, aesthetically pleasing environment. As stated previously, the Religious Use portion of the site to remain does not meet the minimum three -acre lot area requirement for a Religious Use. The applicant is requesting that this deficiency be addressed through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations from required minimum lot area if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". Condition 2 has been added to address the requested deviation. To address concerns raised from adjacent property owners, a noise analysis was provided by Kimley-Horn, dated April 9, 2025. The analysis tested the level of sound that will be coming from menu order boards and intercoms, parking lot noise, mechanical equipment, combined exterior noise levels, truck deliveries, and trash and recycling pickups. Noise associated with the project was modeled using SounclPLAN software, which simulates noise scenarios and generates contour maps based on reference levels, topography, noise sources (point, area, and mobile), and surrounding structures. The modeling, as outlined in the report, indicated that the sound levels for the proposed restaurants will be well within the allowable limits specified in the City's Noise Ordinance for both day and nighttime operations and would not create a substantial noise increase for nearby property owners. As such, no mitigation measures will be required. As recommended by Staff, a narrative addressing stormwater was provided. The Development Services Center has reviewed the preliminary stormwater narrative and, based on their findings, believes the applicant's CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 5 of 25 intended stormwater strategy is reasonable and has the potential to comply with the stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above, Staff recommends approval of this request subject to the conditions and proffers listed below. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987 and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. 2. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three -acre minimum lot area required by the City Zoning Ordinance. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 6 of 25 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 2 The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. Proffer 3 The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. Proffer 4 The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. Proffer 5 Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 7 of 25 Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 1. All conditions, with exception of Number 1 attached to the Conditional Use Permit granted by the City Council on November 9, 1987, remain in effect. Condition Number 1 of the November 9, 1987, Conditional Use Permit is deleted and replaced with the following: "No curb cuts on Nimmo Parkway." 3. When the modular classrooms are installed, the location shall be as depicted on the plan of the existing church and proposed modular classrooms. 4. Applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. A Certificate of Occupancy shall be obtained from the Building Official before occupancy of the modular classrooms. The modular trailers shall be limited to a period of five (5) years, at which time, if no complaints pertaining to the trailers have been received by the Planning Department, administrative approval may be granted for incremental extensions of two years. 1. No curb cuts on Ferrell Parkway. 2. Category III Screening shall be utilized along Ferrell Parkway. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of this site and in keeping with the recommendations for the proposed Back Bay /North Landing River Management District. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 8 of 25 The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. (pg.1-58 to 1-61) 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 Counts Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 23,660 ADTI 32,700 ADT 1(LOS ° "D") Existing Land Use 2- 0 ADT Existing Zoning — 43 ADT based on Newstead Drive No Data Available No Data Available 2.5 acres of R-20 Proposed Land Use 3-2,480 ADT 1 Average Daily Trips 2As defined by an 3As defined by a 'LOS = Level of vacant site zoned R- 5,300 sf of fast food Service 20 with drive thru Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Nimmo Parkway, in the vicinity of this application, is considered a four -lane divided major urban arterial. The existing infrastructure currently resides in a 120-foot right-of-way. Newstead Drive is a two-lane undivided collector roadway. There are no roadway CIP projects planned for this area. Active Transportation Plan The 2021 Active Transportation Plan recommends the sidewalk be improved to an eight -foot -wide asphalt or concrete side path along this section of Nimmo Parkway. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 9 of 25 Project Stormwater Design Staff Summary This project consists of the subdivision and of the existing Virginia Beach Beacon Baptist Church, located at the southwest corner of Nimmo Parkway and Newstead Drive, to include the addition of two quick service restaurants. This project will include the upsizing of existing onsite stormwater piping to support the proposed improvements and demonstrate no negative impacts to the downstream drainage system. Stormwater runoff from the site drains into the large diameter stormwater conveyance system along Newstead Drive and Nimmo Parkway which is part of the Dam Neck drainage basin that ultimately outfalls into Back Bay. The proposed onsite improvements include the installation of large diameter stormwater conveyance piping that will provide stormwater storage and adequate capacity of the onsite system to demonstrate no impacts to the existing downstream drainage system. Water quality is intended to be satisfied with the purchase of offsite nutrient credits. Based on the information provided by Kimley Horn 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: 5.0 acres Pre -Development impervious area: 2.15 acres Post -Development impervious area: 3.89 acres Stormwater Management Facility Design Information Type of facility proposed: Underground storage Description of outfall: Stormwater runoff from the site will discharge into the existing public drainage system along Newstead Drive and Nimmo Parkway. Downstream conveyance path: Runoff leaving the site will be directed towards the Newstead Drive and Nimmo Parkway right-of-way, which is part of the Dam Neck Drainage Basin. Drainage leaving the site will be directed and collected along the Nimmo Parkway public drainage system, into Red Mill Farm pond, through Scopus March Canal, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 10 of 25 Water There is a 12-inch City water main along Nimmo Parkway and a 10-inch City water main along Newstead Drive with a an eight -inch and a six-inch plugged water service line fronting the site. The proposed development must connect to City water. Each lot requires a separate and exclusive water service connection in accordance with Public Utilities Design Standards. Sewer There is a 42-inch HRSD sanitary sewer force main along Nimmo Parkway, an eight -inch private sanitary sewer gravity main located onsite within a private utility easement along Nimmo Parkway, and a 10-inch City sanitary sewer gravity main along Newstead Drive. The proposed development must connect to City sanitary sewer. Each lot requires a separate and exclusive sewer service connection in accordance with Public Utilities Design Standards. Planning Commission • The applicant reported that a Community Open House Meeting was held on Tuesday, March 25, 2025 at the Virginia Beach Beacon Baptist Church to discuss the details of the proposal. Approximately 13 members from the community were in attendance. The applicant reported that no additional requests were made from those in attendance and the overall response from the community was positive. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 11 of 25 ONI'S31V1OOSSY(INV NNOWA31MYN •.."•..f�• . 'fie (6000 94169C 800)! 311S HONOHO AM&ins wuu AY1 SdSKV11V .. r _� a rr � a •�_ ••* rc. 1 e •�a�f lrfr ���. _■ gg r '�j r�iF��IIFL ,-p'S rree ' id )FEFV r', rrrr ,� ��„�. 4Si MMi M4MMM - - �- _ i �`,. _- a *�_ �WIIi —i• I � =®- }} W■.i:�_�:li II F•F..-=��l�L _•_•-� � �Illl � J •'I� II� �. ��r �' �o fl : 51 7 .. - f • �� . � . �� '.t .-_.. 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MOOD-LDOK -MOON DATE' AT ENTRANCE DOD" OJ CURCIDAL STDNE VENEER O METAL 'BNO' - BLACK ALLWft M O'SMOOP' ELEMENT - BLACK ADIMWM ©-TR1LS ELEMENT - BLACK/RED NNYIMIM C8M�T�E pwNO [%tp[55-O IOK NE WGROUND VMINN SEACr vA V112111 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 14 of 25 01 D13: NNW f"E TEKTURED MATERIAL NOTES OS DRNE-MW CAW"- SACK ALUMINUM Of AS; !LACK RNC TOKNRD 0E RBEM CEMENT PANEL. WOOD-LDOK O IETAL 'BAND- - BLACK ALUMINUM OL CMARMAL SMNE VENEER 07 -TRMW ELEMENT - DLAO(AED ALUMNUN 0*SMOW ELEMENT - SMACK MUMlY ODMVE-TNW NMnOM 10I11II1ETROUGHELFA N rwau UOAY» wm- 1 NEWGROUND wN;AN MALL VA •nnro. MVEWL KOM C)OFS, WHITE ERNE WXWRED ©unwy mov OEIBEM CELENT PANEL, MOOD -LOOK (j)METAL -BAND' -BLACK ALUMINUM OCHARCOAL STONE VIONW 07-TRIMLW IOEMEAT - ELACK/RED ALUMINUM O'EMOW ELEMENT - BLACK ALUMINUM Q REAM RLMl10M �YAN0A13 MM-027M ``' NEWGROUND VNG,NVIEEALN,M\ srm2. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 15 of 25 Jik Opp CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 16 of 25 u ti t.Y 9 .. .e� _:'''? i .ipt._ • %%����:��43€`���SY t�ty4�y.�'� �_i�.�i�11Ji1►. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 17 of 25 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 oil 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. APPLICANT INFORMATION Applicant Name: as listed on application VIRGINA BEACH BEACON BAPTIST CHURCH Is Applicant also the Owner of the subject property? YesO No0 If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? YesE) No() If yes, name Representative: Joel Ankney - Ankney Law Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesONoc If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent- subsidiary' or affiliated business entity' relationship with the applicant. (Attach list if necessary.) Pastor Russell Robertson (New President); C. Gordon Ellsworth (Past-Presklent); Robert Hunt (Treasurer); Donne Murray (Secretary); and Directors: Paul Ekoniak, Bit Dudley, Craig McManus, Ben Chappell, Marshal Grtft, Jerry Chappell, Todd Smith, and Chris Hodge ; Does the subject property have a proposed or pending purchaser? 4es0 No� If yes, name proposed or pending purchaser: CFT NV Developments, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an inte est in he subject land or any proposed development contingent on the subject public action? Yes3 Nob If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services ore 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 (Nome entity and/or indlyiduail I Financing (mortgage, deeds of trust, cross-collaterali:ation, etc.) O O Real Estate Broker/Agent/Realtor � Q Robert W. Carter - Carter Godbout & Associates Disclosure Statement I rev. May-2024 page 1 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 18 of 25 SERVICE Accounting/Tax Return Prepar Architect/Designer/La ndscape Architect/Land Planner YES NO �7C X Construction Contractor 10 Engineer/Surveyor/Agent Legal Services SERVICE PROVIDER Name entity and/or individual) Joel Ankney - Ankney Law — 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, I 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 i-r om 'tee in connection with this application, BEN CHAPPELL. CHAIRMAN BOARD OF DIRECTORS Date: Pastor Russell Robertson, President ��) Applicant Name (Print) A plIcan Slgnatu Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50percent 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 some 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. FOR CiTY USE ONLY: No changes as of (date)- 6/2/2025 Marchelle L. Coleman Staff Name (Print) Disclosure Statement I rev. May-2024 �4//1� 1 _ 6/2 2025 _ Staff Signature Date page 2 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 19 of 25 The disclosures contained in this form ore 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• • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application CFT NV Developments, LLC Is Applicant also the Owner of the subject property? YesO Nol�) If no, Property Owner must complete SECTION 1: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? YesO NoO If yes, name Representative: Rob Beaman; Randy Royal Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes(R)NoO If yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a parent- subsidiary I or affiliated business entity I relationship with the applicant. (Attach list if necessary.) Articles of Organization Attached 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 irrte in he su Lest bject 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. 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 1 Nome entity and/or individual l Financing I - - -- cr ss coll to alizationdeeds of tru, O O (mortgage, st� Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 20 of 25 SECTION 1: APPLICANT DISCLOSURE continued SERVICE Accounting/TaxReturn Preparation YES _ 7 NO 0 SERVICE PROVIDER (Name entity and/or individual) Architect/Designer/Landscape Architect/Land Planner O O _ NewGround; Letitia La Spia Vimley Horn and Associates, Inc; Randy Royal Construction Contractor 0 1 o Engineer/Surveyor/Agent Legal Services 0 O Troutman Pepper, Rob Beaman APPLICANT CERTIFICATION READ: I certify that oil 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, I 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. CFT NV DEVELOPMENTS, LLC, a Nevada Wilted liability company BY- [�tv,J Leo Applicant Name (Print) �� Applicant Signature Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. " See J 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 betweer the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the Iwo 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. FOR CITY USE ONLY: No changes as of (date): Staff Name (Print) Disclosure Statement I rev. M a y -2024 Staff Signature Date page 2 of 3 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 21 of 25 STATE OF NEVADA i� BARBARA K CEGAVSKE JEFFERYLANDERFELT Se ,I-y oJSs1r Depury Sr 1— Jor CM-1.1 RecwAiugt th1 Job Number: Reference Number: Expedite: Through Date: OPFICE OFTHE SECRETARY OF STATE Certified Copy C20151109-0340 00010125594-37 November 9, 2015 The undersigned filing officer hereby certifies that the attached copies are true and exact copies of all requested statements and related subsequent documentation filed with the Secretary of State's Office, Commercial Recordings Division listed on the attached report. Document Number(s) Description 20150082616-91 Articles of Organization Certified By: Tracy Gillespie Certificate Number. C20151109-0340 You may verify this certificate online at httpJ/www_nvsos.gov] Number of Pages 3 Pages/1 Copies Respectfully, /7 g. G,,,+f�.., BAR13ARA K. CEGVAVSKE Secretary of State Commercial Recording Division 202 N. Carson Street Carson City, Nevada 897014201 Telephone (775) 684-5708 Fax (775) 684-7138 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 22 of 25 BAABAFtA K. CEGAVSKE y t,e BaQeLary of fatale ys 202 North Carson Street C Cement City, Nevada 89M420f Website: www.nvsm.gov Articles of Organization Limited-l-labllity Company (PURSUANT TO NRS CHAPTER tiff) USE BLACK eat CWLY -ILO Mn MIMNLNiMT I��pn�I�B�l�ll�flll�l�� Ftled in the ofFice of Dom Nwnber f C�„e,, 20150082616-91 Barbara K. Cegavake SeamalY of Stile State of Nevada Filing Date and Time 02/24/201511:38 AM Panty umber E0092622D1" ABOVE SPACE W FOR OFFICE UBE ONLY 1. Name of Limited- •CFTNV DEVE DPMENPS LLC check box If a Check box It a Liability Company: j -WeG Umhad- reenacted LWtW- (rrwt -omen approved QmifeOalahllny I N�N �-�, n LJa616ry®mPany UaN(O any Company word ng. am rftnrcfons) j I Reglalered ® Commerclal Registered Agent: lTHE CORPORATION TRUST COMPANY OF NEVADA Agent for Service ......._..__....__.__..__._....__._._. -� roartw of Process: (check orgy one box) a NKncommefdal Registered Agent Offtae or Position with Entity S.___...name and address below) (name and address .._.__.__.__.__._._..-.-.-•-_-..__ _._ ._.......___....___._..._--. 001dA)__--_--� ..._...._..... )— _-- ........._ _-.--._..------ ---- Name of Non-oa+merdel Reglsered Aged OR Wear o(Tpa el O10a or Osrr Podfon with Eniy T Nmda[^-•---- J Saes Address Ciy �C& — McOlrg Address (d dfbrerd from steel address) ply 2b Cayes 31 Dlaeoludon Dale: (opdonaq Latest date upon whidt the company is to desoNe (ff easlerm is not perpetusl) ......... .. 4. Menagement: Cornpany steal be managed by: Managers) OR MatrbaF(s) (req 1ted1 rJwd old am 5. Narne and 1) rWGGY T CHERNG Addreaa of each Manegeror wRw ���,��� 1683WAL,NUTGROVE AVENUE �-.-^"eMli_Ga9177a3711; _-_e_.......__._—_...._ . Managing Member: g g Steel Address ay tit.. np coy. (after addtionaf page it rtvre than 3) ._ 21 1693 WALNUT GROVE AVENUE ��- iR05EMEAD _ -^--� G^I 9177a7711 I — �r Mom AApdreea Clly Sums Lp Code 3) WDVNIE CHAN 1683.WALNTfGROVEAVBNLIESL..CA 191770-3711_! Stem Address Ch slats ap cede Ire Effective Dateand Effective Date: (.. EIIe tiveTime: itrtle: (oplonslj _ ._....... .... _._..__...-.-___....._.. _....._.l 7. Name, Address and Signature of n,e of my kn@wWp vrwfw powaRy of pera, a , • rev P tlm pwousrtm NRS aes.am,aIsm wt•'ey C OWwTbw 6iil ngh~ary w sr%, d Inebw ter Wing In tie ONNeat ee•a senryor.._---------------.-----_.-. Organizer(awm r �- rals Iou++c i JAYE YOUNG .q�� _.._.-_... L1683 WALNUC GROVE AVENUE FAD.i L G IL9177D 3711 �i Address Cn t3. Certificate of I hereby accept eppoirttywntas Registered Agent for the above named fihY. Acceptance of Appointment of I X THE COPWORATION rROST CONPARI Or NEv"A a�tiiDls R Istered Agent Authorized et awry ar PAPSUrtered Agent OrOn sahsN of Repletwed Aaeffllimfly Dab 7rds form must be accorrperVed by apprWdate Fee6. tbreds swam, of am NRa n aue Maas Rwiwd. 1•5-15 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 23 of 25 P wj Articles of Organization (PURSUANT To MS CH WTER ea) CONTIMED Mehides data that is too Jong to flat in the fields on the AIRS 86 Form and all additional managers and organizers EG s . >A a •.w.wl`; „.: ;.k .usr x--w- ..>r.C: .11 r/L .-.•xl%at'.i:'' a„ 0:5>�,t $ Y..K • w.r i't \.fir a'f..'i luS27 c�•.A. tK If •Jy` '-,ww MAILING Not Applicabb ADDRESS: PAGE 2 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 24 of 25 • 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. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 25 of 25 VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nonstock corporation; and CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement"), made this _I () day of A ; , 2025, by and between VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nonstock corporation ("VBBBC", to be indexed as Grantor); CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company, ("CFT NV", to be indexed as Grantor) (VBBBC and CFT NV hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, VBBBC is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2414-16-7704-0000, as more particularly described in the attached Exhibit A, attached hereto and incorporated herein by reference (the "Overall Parcel"); and WHEREAS, CFT NV is the contract purchaser of that portion of the Overall Parcel described on the attached Exhibit B (the "Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-20 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including various purposes at a variety of densities, through zoning and other land development legislation; and GPIN No. 2414-16-7704-0000 Document Prepared BY: Robert P. Beaman III, Esq. (VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro Quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the 2 Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review, 2. The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. 3. The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. 4. The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. 5. Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. b. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGINIA BEACH BEACON BAPTIST CHURCH, a Virginia nocorporation e: PAST RU LL ROBERTSON Title: PRESIDENT By: r� 'L 1 -- Name: BEN CHAP LL Title: CHAIRMAN, BOARD OF DIRECTORS C . ONWEALTH/STATE OF V (v1 COUNTY OF — 0 v- i ru aL c'a- to wit: The foregoing instrument was sworn to and acknowledged before me this 10 day of t'i / , 2025, by Pastor Russell Robertson, in his capacity as President of Virginia Beach Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced VA 0(441evt as identification. Witness my hand and official stamp or seal this lV day of AP �' I , 2025. ``% 111111 / j1"'' Notary Public AL oTY My Commission Expires: lid T C� l ,%t�� T ` 0 t PUBLIC Z • REG.#7p82772 Registration Number: OCal 7 7 7%5 MV Opp RE SION 2j % O8/31 /2027 ` a \ COMMONWEALTHS `ArTE OFo-vi 'vu k _ ���Oh'Fq LTA O�\\ /COUNTY OF _ , to -wit: ���11111111��` The foregoing instrument was sworn to and acknowledged before me this /0 day of � r+ % , 2025, by Ben Chappell, in his capacity as Chairman of the Board of Directors of Virginia 13cach Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced V,+ OkT Vi-I4,+ e� _ _ as identification. Witness my hand and official stamp or seal this lU day of /R�_, 2025. I�f.`1S Sq i ..... Notary Public \� KL) �•••• S �i� My Commission Expires: R T `�1i ?Pot i V .•• NOTp,FlY ••� RQC{�S�fo-+iQYi �U�G1 Qa�a 0 : PUBUC772 .l 4 0 REG• 117 ISSION Z _ ?s My EXPIRES : 0 i 08/3112027 . �',�\� ''1 "� 1T O`S"` IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company B ^, e: GVtyti Title: "A ae�Y' - --- — v"+e- = 'I I I2025 COMMON WEALTH/STATE OF CITY/COUNTY 0�111 _ to -wit: The foregoing istrument was swam to and 2025, by capacity as _ Nevada limited liability comp y. He/she is either 'dentification. Witness my hand and official stajt or seal this My Commission Expires: Registration Number: acknowledged before me this day of _ in his/her of CFT NV Developments, LLC, a personally known to me or has produced day of .2025. Notary Public (SEAL) pt E ASE SEE A11OLD CALIFORNIA ALL-PURPIM ACKNOWLEDGMENT CIVIL CODE § 1189 rA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Wz A9hE LV-z, ) On WFLIL M)Y) before me, _ AMY A►MIN)IL , ►JDTkVY PUBLIC Date Here Insert Name and Title of the Officer personally appeared j)AVi O t_uy Name) of Signer( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s), is/are subscribed to the within instrument and acknowjedged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by(�er/their signature(s) on the instrument the person($), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph vti AMYANWAR is true and correct. COMM. # 246MI r^ WITNESS my hand and official seal. 2 - W ' NOTARY PUUK • CALIFORNiA n ti 105 ANGELES COUNTY ~ " MyCOMM Expwe,OMW30.m27 Signature ---- Signature of N twy ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: A��t61�AE�1T Document Date: Number of Pages: _ Signer(s) Other Than Named Above: ytRfiiyjm rAW REAM RAPVISl C-HW" Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — n Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — U Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 02015 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXR BIT A GPIN No. 2414-16-7704-0000 Legal Description ALL THAT certain tract, piece or parcel of land, situated in Princess Anne Borough of the City of Virginia Beach, Virginia, and designated as "Church Site II, Area = 5.00 Acres" on that certain plat entitled "SUBDIVISION OF CHURCH SITE II AT RED MILL FARM, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated July, 1987, made by Basgier and Associates, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2696, at pages 1009 and 1010, reference to which plat is hereby made for a more particular description of the property. EXHIBIT B Metes and Bounds of a Portion of Parcel GPIN; 2414-15-7704-000 Church Site II (M.B. 2696, PG. 1009) N/F VIRGINIA BEACH BEACON BAPTIST CHURCH COMMENCING at a point at the southwesterly intersection of Nimmo Parkway and Newstead Road whose Northing is 3446811.218 and whose Easting is 12212000.340; being the true POINT OF BEGINNING; thence bearing S 15' -53' -49" W a distance of 381.32 feet; thence bearing N 74' -6' -11" W a distance of 318.49 feet; thence bearing N 151 -53' -49" E a distance of 395.72 feet; thence along a curve to the RIGHT, having a radius of 3760.72 feet, a delta angle of 04' 33' 17.3", and whose long chord bears S 75' -29' 46.2" E a distance of 298.89 feet; thence along a curve to the RIGHT, having a radius of 20 feet, a delta angle of 891 06' 29.09", and whose long chord bears S 28' -39' -53" E a distance of 28.07 feet to a point which is the true POINT OF BEGINNING, having an area of 127,237 square feet±, 2.50 acres±, more or less. 7 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #8 and 9 VIRGINIA BEACH BEACON BAPTIST CHURCH AND CFT NV DEVELOPMENTS, LLC Recommendation: RECOMMENDED FOR DENIAL Discussion Clerk: Our next item are items 8 and 9, Virginia Beach Beacon Baptist Church and CFT NV Developments LLC. Mr. Beaman: Good afternoon, Madam Chair, Mr. Vice -Chair, and members of the commission. For the record, My name is Rob Beaman. I'm a Virginia Beach land use attorney with the Troutman Pepper Law Firm here today on behalf of the applicant, CFT NV Developments, LLC, which is an affiliate of Panda Express. We have several members of our team joining us this afternoon that I'd like to introduce. We have Mike Everett of Panda Express, Randy Royal, who is our project civil engineer on this site. From the Virginia Beach Beacon Baptist Church, which is the property owner, we have Pastor Russell Robertson and Craig McManus and also their consultants, Joel Anni and Bob Carter. First I wanted to take just a moment to thank staff for all their work on this application. Marchelle's been fantastic to deal with as always, and we really appreciate that. The site that is involved in this application is the Virginia Beach Beacon Baptist Church property, which is about five acres located on Nimmo Parkway East of General Booth, right next to the Red Mill Common Shopping Center. The church does not currently need all five of the acres that are currently in its parcel, and what they'd like to do is keep the western side, about the western half of the site and continue to operate as they are now, but find a user for the eastern half of the site that's compatible with their use. The site is located in Elevated Noise Zone. It's 65 to 70 sub area 2, and is also surrounded on several sides by commercial uses. It's got Red Mill Commons right on the eastern side, commercial strip center on the western side. It's sort of catty corner to the northwest. It has the new Publix that just opened at Hickman place. So, for these reasons, we believe, this site is compatible with the type of commercial use that the applicant is proposing as part of this application. We are sensitive to the fact that the site has several residential properties located to the south, and we've taken steps in the design of this property to make sure that there are no adverse impacts on these folks. First the applicant is designed the site, so the bulk of the commercial uses are up along Nimmo Parkway with the building set up towards the road and the order boards at least 150 feet away from the property line. Additionally, we're proposing a Category 4 evergreen landscape buffer along the southern property line with a eight - foot opaque fence, which should block views of the site from the south. Additionally, the applicant has taken the further step of conducting several studies, which are over and above what we typically do on this type of zoning application but are designed to measure the impacts on surrounding properties and make sure that we're going to be a good neighbor. First, we had Kimley Horne who's here today, they had their sound experts conduct a sound study to make sure that we wouldn't produce undue noise that would impact these folks. Secondly, we did a traffic impact analysis. One wasn't required as part of this application, but we wanted to do that, so we'd have the data and we could share that with the Planning Department. Then finally, we engaged Mike Socha, who's one of the leading real estate appraisers to do a valuation study to make sure there wouldn't be any anticipated impact on homes with commercial uses nearby. Randy Royal, in just a moment, is going to talk about the results of those studies, but they were very positive, and it did support the fact that this shouldn't have much of an impact on the properties to the south. Additionally, the applicant conducted extensive public outreach as part of this application. Starting really last summer, we made phone calls and had meetings in person meetings with some of the residents of the neighborhood to the south. Also sent out a public mailer to not only the adjacent property owners, but to the entirety of the neighborhood to the south, and then for the folks who live across Nimmo, kind of to the northeast. Then finally we had a, an onsite meeting at the church back in March and invited folks to come meet our entire team and get information and, you know, have us answer questions. So, with that, I would like to ask Randy just to briefly touch on the results of those couple of studies that I mentioned, and then Mike Everett ever at Panda, just wanted to say a couple of words about the company itself, if that's okay. So, I pass it on off to Randy. Mr. Royal: Good afternoon, Madam Chair, members of Planning Commission. My name's Randy Royal Kimley-Horn Associates, and I'm the civil engineer on this project. I had a lot to say, but Rob's kind of covered it all. So, I'll talk about the studies that we did and the site a little bit too. I mean, we worked with staff, and we tried to make a pedestrian friendly site. So, we've got a, you got the site plan up there. I don't know if you can see it or not, but a lot of sidewalk connections to Newstead and Nimmo. That's kind of a thing that we do on all sites now. Try to landscape them well and create a pedestrian type thing. The traffic on there really wanted an access on Nimmo Parkway. I had a very short and succinct conversation with Mr. Lowman, and we agreed very quickly that we were not going to have access on Nimmo. We talked about a turn lane, a desal lane on Newstead, which we've got there. With that, Ric was happy, but as Rob said, we talked to the neighbors and they were concerned with traffic. So, I wanted to do a traffic study, and I know you guys know about level of service and what you typically see around here, and level of service D as in dog is pretty good. We have level of service B as in boy here. So, there's no impact. We've run the numbers. We've done a traffic study and with what we're proposing, there's, there's no impact. We've got fantastic intersection, level service B. Noise, I have done a lot of noise studies. They were concerned with the squawk box, the order box, which Panda can control, but we took it at the normal levels. Did the study, calculated what we would have there, and by the way during the evening hours, 10:00 p.m. to 7:00 a.m. 55 decibels is what Virginia Beach requires, 55 decibels or less. During the day, it's 65 decibels. This of course is in a 65 to 70 decibel zone, ACUIZ zone. We actually did measurements in the neighborhood during the day, not at night. We thought that might have bothered some people. They've got 55 to 63 decibels right now with the current. With our study on the site, we have 38 to 45 decibels, but it's going to drop with the residents being quite a distance away from what we have there. We've got limited hours for dumpster pickups during the day, not at night to minimize that. But I mean, even with that and the beep beep beep that backs up, it's still nominal decibels to impact the neighbors. We had John Socha do a real estate appraisal because that's always a concern when you've got commercial next to you. These sites of course have Red Mill, you've got a lot of commercial already on Nimmo Parkway, and what John did was look back, gosh, more than 20 years, and what he told us was that commercial development constructed since 2001 had not impacted, in fact, well, it had impacted, the prices had increased, not many people had moved, which is something that you would see. If there is really a problem area, I honestly, I think a lot of people like to be able to walk to this stuff, but there is not a negative impact from the real estate appraisal that we've done. I'm sure they will have their opinions. I think that covers it all. Stormwater, amazingly there is stormwater capacity in Nimmo Parkway. I've been doing this for 45 years. I have never had that happen, but it's wonderful. We've got to handle the water quality, but from a stormwater standpoint, that's not going to be an issue. So, the engineering is pretty straightforward on the site and hopefully we've done everything we can to mitigate impacts on the neighbors. I'll stand by for questions. Mike Everett would like to come up here and tell you a little bit about Panda. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Good aftefnoon, Mr. Royal. What I'm hearing are folks mostly concerned with significantly modifying the architectural character of their neighborhood with these commercial structures right there on this parcel with the survey that was done regarding the impact to property values? Can you kind of explain the methodology? Mr. Royal: Oh, that's going to be tough. Other than its research architecture, I don't think had much impact. You've, if you know the area right across from Newstead, you've got Red Mill Commons, I think is the name of it, and actually the back of the building is what they see from Newstead there. So, there's nothing very attractive about the architecture there. Honestly, I believe the Panda's a nice -looking building. There's one up Princess Anne Road, in front of TCC. It was just constructed. So, it's not so much architecture, but I mean we're willing, I say we're willing -- Mr. Plumlee: I mean, it doesn't look like a residence. You'd agree with that? Mr. Royal: Agreed. Yes sir. It's commercial. Mr. Plumlee: And you don't know what the other structure's going to look like? Mr. Royal: We do not, but we've proffered that it would be compatible architecture. So, you're not going to have one thing to the panda, not to the houses, but to the Panda. Not with a curved roof, but colors, material types. We kind of lean on planning to say this is a compatible use rather than doing what Panda's done, and then maybe a red brick, traditional colonial in there, which doesn't match. Mr. Plumlee: So, the study was, how was it conducted? The survey? Mr. Royal: He surveyed what had been bought and sold in the area. He looked at prices when purchased, originally prices when sold, looked at how many houses were bought and sold. He actually also looked at some areas across the road that backed up to Hickman Place to see if that had had any impact. So, the commercial along Nimmo, which is absolutely a commercial corridor, but you've had houses that were in there probably prior to when Nimmo was actually built and then the commercial came in, but there seemed to be no negative impact from that. Mr. Plumlee: But he was simply doing a general market review as opposed to some in some direct survey, correct? He was just looking at past purchases and sales? Mr. Royal: Yes. I'm not sure what else, what are you thinking he could have done? I mean, we certainly could do more, if necessary, but -- Mr. Plumlee: He didn't look at like communities' similar impacts. Mr. Royal: No, just this area. Just this specific area. Mr. Plumlee: Just limited right here? Mr. Royal: Yes, sir. Mr. Plumlee: Alright, thank you. Ms. Cuellar: Any additional questions for Mr. Royal? Mr. Beaman? I am sorry. Welcome. Mr. Everett: Thank you everyone. Ms. Cuellar: If you can state your name for the record. Mr. Everett: Mike Everett with Panda Express. I'm executive director of Real Estate. I've had the pleasure of working with Panda for 19 years this past week. So, I'm proud to work for a company that's family owned and family operated. We're privately held. We don't have franchisees that operate our traditional stores in the street. We're also great stewards of the community. I did some research just for the Hampton Roads area, what we've done over the last couple of years. In 2023 and 2024, the company has an arm called Panda Cares, and Panda Cares has donated $146,000 in education initiatives to the Hampton Roads area. Between 2022 and 2024, we've donated $280,000 to the Children's Hospital of the King's daughter. In addition to that, we did a one and a half million dollars donation for a family lounge that was built and constructed as part of the Panda Care Center of Hope at the Children's Hospital also. So proud to work for a company that does that sort of thing. It is owned by Andrew and Peggy Churn, that's who the CFT is, the Churn Family Trust. So, the family trust owns the land, holds it, and then the restaurant operates on the land. The family trust does not sell that land. They don't look to do a sale lease back or anything like that. In the 19 years I've worked for them, I've not seen them sell one property. We're different in most QSR restaurants where we actually self -develop, buy the land, own it, and then hold it, hold it long term. So that's a little bit about the company, if there's any questions about it. Ms. Cuellar: Any questions for the speaker? No. Thank you very much. Any questions for Mr. Beaman at this time? Mr. Beaman, if you can come back out, please. Commissioner Camp? Mr. Camp: Good afternoon. So, we have a requirement for churches to have three acres on site, and in this case, we're dealing with a parcel that is 4.94, call it 5 acres. The application seeks to carve out two side parcels, which will leave at the church with 2.5 acres. Mr. Beaman: Yes, sir. Mr. Camp: If only one of these parcels was carved out, currently it's 1.3 is the larger one, but it could be a little bigger, then you would be in line with our zoning code. The church would meet its three -acre requirement. You would carve out one parcel to benefit the church, and that parcel would certainly be adequate for the purposes that you're proffering. The difficulty here is the middle parcel when going for two businesses out of the church land, we're driving the church down below the three -acre requirement. Would you like to speak to that? Mr. Beaman: Yes. Thank you for the question. I appreciate that. As I understand the 3 acre minimum requirement for religious uses churches, it's intended to make sure, sort of a placeholder, kind of a one size fits all type of regulation to make sure that on each individual site the church site is large enough to accommodate the church uses so that other properties aren't affected. I think it's hard to apply a one size fits all. You know, with various properties, each property is unique, each property has different circumstances and facts applicable to it. So I think it's important to look at each individual property separately. in this case, the church would go down to two and a half acres, but it would have more than adequate parking. There are 17 parking spaces over the minimum. They're retaining the buffering. They're not changing anything associated with their current use and shouldn't have any sort of impact on surrounding properties, whether the commercial on either side or the residential to the south. Mr. Camp: So, to that point, I read in the staff report that the church intends to expand. Mr. Beaman: It's possible. I can't speak to that. I think the pastors here, I don't know that they have any immediate plans to do that, but of course, if they do, they're going to have to meet all the site planning criteria and the zoning criteria under the ordinance. I think they would have to have their use permit further modified, have to come back through this body. Mr. Camp: I'm on page two of the staff report on bullet number four, what we were handed states, the church intends to expand the building on site in the future and add 25 additional parking spaces goes on from there. It's pretty specific. Mr. Beaman: As I said, the passer can correct me if I'm wrong, but I'm not aware of any immediate expansion plans. Mr. Camp: Well, I think, I need some clarification here. I'm being told there's an intention to expand. Mr. Russell: My name is Pastor Russell. I'm the pastor there. I've been there five months. Pastor Russell at Beach Beacon Baptist Church. There are no immediate plans. I will speak to it in a moment about why we're doing what we're doing, and that would answer your question, but there are no immediate plans. That was a placeholder that was put in the file. I don't, I'm not sure even where that came from, but we do not have anything in concrete. Any, any construction on that site would not be expansion. It would be replacement in place. Mr. Camp: I thank you for answering the question. I'm going to yield back to the chair to conduct the rest of the hearing and maybe there'll be questions in discussion. Thank you, sir. Ms. Cuellar: Are there any additional questions for Mr. Beaman at this time? Thank you very much. Madam Clerk, you mentioned that we had some speakers. Clerk: Yes, we have three speakers. Our first speaker is Dennis Gronseth followed by Ellis Brooks. If you could state your name for the record when you start, sir. Mr. Gronseth: My name is Dennis Gronseth. I'm here with my wife Beth Gronseth. We live at 1300 Glen Burnie Court, which is right behind where this or the Panda Express is going to open up. So, when we first bought this house, I asked my realtor lady, what is the chance of them rezoning that? And she said she's never seen a church ever get rezoned to a commercial business. I don't think she lied to me. She might not have known, but I'm going to have, talk about my, our personal thing. We bought this house, and we bought it to be a forever house. We raised three kids in this house. All three of them had college degree. We enjoy having our grandkids come down because it's relatively quiet. Now let me talk a little bit about the financial. We upgraded the house, and we paid more than $200,000 upgrade. We added a pool, a new roof, which was a 30 year, and then we added a new kitchen, and we put Brazilian cherry hardwood on the whole first floor. We replaced all the windows, and the doors were highly efficient, Anderson windows and doors. I built when I could build things, a deck outside the back. We had one that came with the house. I built one that was a 16 by 16 foot, which had a pond in the middle. Of course, I had to get rid of all that because the leg, and we had a replacement composite material I designed. I also added a shed and the greenhouse to the property. Now, if this zone comes through, I'm never going to recoup any of that money when I sell the house because how many people would want a fast food in your backyard? Raise your hand, and the answer is, nobody's going to raise their hand. The value of my property, I don't care what anybody takes a survey, or my next speaker is going to tell you it's going to crash, and we're never going to recoup all the money that we put into the thing, pay our taxes on time, and that's all I have to say. Ms. Cuellar: Thank you very much. Clerk: Our next speaker is Ellis Brooks, followed by Greg Grubbs. Mr. Brooks: Good afternoon, Madam Chair and Commission members. My name is Norman Ellis Brooks. I live at 2317 Newstead Drive, which is on the corner of Newstead and Glen Burnie across from Mr. Gronseth. I along with other residents on Newstead, Glen Burnie, and Chippokes still do not agree with rezoning this property from a religious aspect. It's currently rezoning religious use rezoning R-20, and you're looking to zone it to B-2 business. By rezoning a portion of this property and allowing two fast food restaurant type businesses next to our properties highly unreasonable and will definitely affect our living conditions, and most definitely have a negative impact on our property values. Regarding property values, one home on Newstead just recently sold well in excess of $700,000. So, by changing this property and allowing these entities to build, there are going to affect all of the properties in these two cul-de-sacs, which used to be called Nimmo Courts, and at some point it changed, and they included our homes as part of Red Mill. Ten years ago, we were faced with this same thing when, Aldi's attempted to build an Aldi supermarket in this area on the same property values. At that time, I drafted a PowerPoint presentation, and a document, and went to each of the residents in those neighborhoods on Newstead, Chippokes, and Glen Burnie, 19 of the 22 signed that document objecting to having this property rezoned with that grocery store going there. So, if I went and did that same signature attention again, there's no doubt in my mind that they would object to rezoning this and have these restaurant type things in our backyards. So, some of the things that we included in the PowerPoint presentations in our excuses at that time was definitely the property values, increased traffic, increased noise, delivery trucks, garbage trucks, dumpsters, odors, rodents, rats, you name it. We experienced that already by living across from Red Mill Commons because when we bought there, there was nothing but soybean fields across the street. Now, I heard their comment about the dumpsters, the dumpsters, we heard the same thing when they constructed Red Mill Commons. The dumpster would only be picked up in normal hours to where it wouldn't affect us. I can tell you now, at 2 o'clock in the morning, the dump trucks, the dumpsters are being emptied across the street from us, behind those pines now. So, they say that they're going to be emptied at a certain time, that's not the case. There are many different companies that operate these dumpsters, and they come at different times. Ms. Cuellar: Mr. Brooks, do you have maybe one or two more comments, your time up? Mr. Brooks: So lastly, I just ask that each of you review the PowerPoint presentation and the email that I sent out yesterday. I really don't think any of you members or the city council would approve or want this type of restaurant, any type of food establishment in their backyard or next to their neighborhood. So, we object, and we thank you for the opportunity to speak. Ms. Cuellar: Okay. Just pause for one moment in case any of the commissioners have a question. Commissioner Plumlee? Mr. Plumlee: Mr. Brooks, you're Brooks, you're directly across the street from, is it the TJ Maxx? Mr. Brooks: Yes. I live behind. I face TJ Maxx. Mr. Plumlee: You face TJ Maxx. Are you able to walk across Newstead Drive to get to those commercial activities there or not? Mr. Brooks: No, we have to go. I mean, if you cut through the hedges. Mr. Plumlee: You have to run through the hedges, otherwise you have to walk around all that around. Mr. Brooks: Walk around, go into Starbucks. Mr. Plumlee: To use any of those commercial properties. Mr. Brooks: Right. Mr. Plumlee: Okay. Thank you very much. Ms. Cuellar: Thank you very much. Clerk: Our next speaker is Greg Grubbs, followed by our last speaker, Paul Rohr. Mr. Grubbs: Good afternoon, ma'am, ladies and gentlemen. Captain Greg Grubbs, United States Navy. I come before you this afternoon, in disguise, just in an effort, probably a failed effort to blend in with you, but neighbor here with Ellis and Dennis, and our neighbor and friend Scott isn't here as well, but, the four of us constitute 50% of the homes on the street directly behind the proposed development. All retired or about to be retiring military, plan to retire with 25 years of service here in a couple of years in what we planned would be our forever home with my wife. Emily is also a veteran, our older boys, and our new baby boy who just arrived nine days ago on May the 41h. So not going to rehash, .you know, in an effort to respect your time. Not going to rehash all of the points that my friends and neighbors have made, but echo all of those, and then just more of an emotional appeal to you, that we want to kind of keep the neighborhood exactly the way that we found it. There's certainly not a lack of, not a deficit of restaurants or commercial property in the area. Certainly, not a need for a Panda Express specifically. There's one, less than five miles down the road on Princess Anne as Mr. Royal mentioned. So just acknowledging, you know, that I'm speaking to a very distinguished group of attorneys, entrepreneurs, retired fire department captain, retired master chief behind every successful Navy captain is even more successful master chief rolling her eyes. So, I certainly appreciate everybody here as valuable citizens of what is certainly the greatest city in the commonwealth. Probably the greatest city in the world. I don't know. I hope it's not too presumptive to assume that folks like us, veterans, that folks like you all would consider us, you know, valuable members of the citizenship as well, and would just ask that sort of our wishes and desires are weighed accordingly, and given some thought as you make your decisions. and I appreciate your time, pending your questions. That's all I have. Ms. Cuellar: Are there any questions for the speaker? Thank you very much for coming out today. Clerk: Our last and final speaker is Paul Rohr. Mr. Rohr: Good afternoon. My name is Paul Rohr. Our family owns 1304 Glen Burnie Court that is directly behind this proposed project. My father helped successfully stop Aldi from developing on this project where the church has owned this property for a long time. I was told that it was zoned R-10 originally for houses that pastor and the church had it rezoned R-20 for church use. They had two years to build the church. They did not build the church. From what I understand, they have been trying to sell off a portion of the land to be commercially developed so they can fund building their church. I can tell you Red Mill has blown up like crazy, the whole area. We have enough restaurants and shopping centers. What we don't have enough of is churches, this will so impact the value of our family's property. Nobody wants a commercial fast- food restaurant behind their house. There's no way they can control the noise. The noise studies that I've heard they've done, I don't know what time of day they were done at, but they're not taking into consideration this area right here if you had two restaurants operating with cars coming in and out 24 hours a day, the trucks, the construction impact, and the fact that the only driveway entrance they have goes directly behind our house. So, everyone coming in and off that property is coming right behind the house. They're talking about an eight -foot wall with a vegetation barrier. We have two story houses. There's no way you're going to be able to block the noise on the second floor. The lights from the cars coming in constantly shining in your windows at nighttime. On top of that, there is a huge problem with rodents from the current restaurants, the shopping centers coming over, so badly that last June we had rodents get under my father's house. At the time, didn't know, it ate a hot water pipe. They ate the hot water pipe. No one discovered the leak for weeks, the hot water pipe did a steam up. It did $120,000 worth of damage to my father's house. He fought this so hard with Aldi. We're directly opposed to this. As far as the impact value of the house, I'll go personal for a minute. My father died Sunday night. I literally have to be in an hour and a half at his wake. We had to have an appraisal done yesterday on the property. I asked the appraiser, if this project goes through, how bad will this affect our property? He said, it's going to crash. I said, explain crash. He said, easily by a quarter to a half of the value of that property. He said, nobody wants this in their backyard. It's literally in the backyard. Please think about that when you all vote. If you have any questions for me, I'll be happy to answer them. Ms. Cuellar: Thank you for being here today and please accept our condolences on the loss of your father. Mr. Plumlee: My condolences as well. Personal condolences to you and your family. Were you able to attend this community open meeting on March 25a'9 Mr. Rohr: No, I was not. I was traveling at that time and my father before he passed, he was pretty much bedridden. Mr. Plumlee: I see. Alright. Thank you very much. I appreciate you coming today. Ms. Cuellar: Thank you very much. Madam Clerk. I just wanted to confirm that was our last speaker. Clerk: That was our last speaker. Ms. Cuellar: Mr. Beaman, if you'd like to come up, please to rebut or possibly was the pastor going to speak? I wanted to double check. Mr. Robertson: Once again, I'm Russell Robertson. I have been at Beach Beacon Baptist Church for about five months now. The senior pastor retired. He had been there for about 20 years. Let me just speak to why we are doing what we're doing. The church merged with the original church on that property. We've been on that property for 35 plus years. Back in 89, Virginia Beach Baptist Church bought the property and when they bought it, they designed a building that was going to be temporary. The reason they built a temporary was that they plan to build off to the side where this acreage is and then take that building, pick it up, it's actually a bolted together building, and move it to another property and plant a church plant that way, and they plan to do that over and over. So, this church has been on this property for 35 plus years. We merged with them and over the last 10 years, it's become apparent that the building that we're in is in bad shape. So, it was a temporary building. We've been looking at ways to get out from underneath this temporary building and build. There have been several opportunities. None of them have come forward. So, it's no secret that we are the eyesore of the area. If you know the building, you know, the facility that we're in, if any home values are rocketing downward, it's because we have a temporary facility that just doesn't look very nice. So, we are looking at replacing, and to do that, we need finances. So, we've looked at opportunities to either move or to sell portions of our property. Panda came to us with an offer, after meeting with Panda and the attorneys and the people there, we've since felt that they would be a very good neighbor to us after reading about the things that they do in the community and in the schools, I can't imagine a better partner to be on that lot with their track record, their clean facilities, and so we are excited about them as partners and we're excited that it will provide the opportunity for us to get out from underneath these temporary buildings that weren't meant to be done for a long haul. Like I said, we are not planning to expand. We are planning to be permanent in this community, and this is the path forward right now that we have. So thank you for your time. Do you have any questions? Ms. Cuellar: Commissioner Byler? Ms. Byler: So please correct me if I'm misunderstanding, but what I hear you say is you intend to demolish your current building and rebuild on that site a permanent church? Mr. Robertson: Yes eventually. Yes, correct. So the permanent, the facility that we have is, we are worshiping in, so we would build off in the green space off to the right eventually and begin the process with the planning commission and everything and build a facility that would eventually be built in that green space area and then demolish the back parts of the trailers. We would still have to use the front part of the building for a little bit until we finish the full construction process. But yes, the plan would be to get out of these temporary on the backside. I don't know if you can see them from the pictures, but on the backside they're just trailers. When we bought those trailers and put them in there, they were temper. They had already been used; they were already past their life. So, these trailers are well past the end of their lives, and we've got to get out from underneath this facility. So that is the plan to build off to the side and then eventually, as we get moved into the new facility, to go ahead and raise that area. Ms. Byler: So, you're going to use the funds from the sale of this if it goes through to build a new building, which will either be on the same footprint or perhaps a little larger because of the accommodation of the trailer space? Mr. Robertson: Correct. Ms. Byler: From what I understand, you'll be under the 3-acre requirement and then you'll have to come before us to ask for a special concession because you'll have too small of a site. Is that the plan? Mr. Robertson: I do not believe that is a part of anything. We would, I think that is a part of this agreement right now. That agreement would be a part of what we're doing right here. Am I correct? Mr. Beaman: That's correct. Ms. Byler, this application would permit the 2.5-acre site. The church itself is on a conditional use permit, which was originally granted back in the 80s and is modified. So, their site plan, I believe, is locked in by virtue of that use permit, if I'm not mistaken. So, they will have to come back through the planning commission and city council process whenever they are ready to move forward with any sort of replacement. Ms. Byler: Okay. Thank you. Ms. Cuellar: Any additional questions? Thank you very much. Mr. Beman, if you wanted to come and rebut? Mr. Beaman: Yes, ma'am. Actually, just to supplement Randy's response regarding the valuation, I, I believe what Mr. Socha was trying to do with the methodology was he actually found that the homes predate most of the commercial development around that area. So, what he looked at is, you know, once the resident, sorry, the retail the commercial uses came in on, on either side and across the street, did that have any impact on the value? I think what he found was the value stayed consistent in terms of what he would expect in that area, even had retail not been constructed and there wasn't additional turnover, additional sales. So that was the methodology, and I believe the intention of that. I think the fact that Mr. Books said that houses are still going for, you know, . $700,000 or don't want to, I can't remember exactly what the number he gave, but that is evidence of high value. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Mr. Beaman, you attended the meeting in March? Mr. Beaman: Yes, I did. Mr. Plumlee: Panda Express came? Mr. Beaman: Yes, sir. Mr. Plumlee: And you presented these architectural drawings? Mr. Beaman: Yes, sir. Mr. Plumlee: Were there any alternate drawings presented for different designs for the community to consider? Mr. Beaman: Not that I'm aware of. I believe what we submitted to the city was what Randy made boards of, and we had those up at the meeting. Mr. Plumlee: Because I was looking online. There's a vast different varying numbers of designs for these types of structures and a way to try to blend them in to a community so they fold in and appear more aesthetically pleasing. I was just curious to know if there had been a process of choosing this design for this location to apply it in a way, the elevation that would make sense at this location. What went into that thought process? Mr. Beaman: Mike, you want to speak to the elevation selection? Mr. Everett: This is just the most current proto, you know, this has our, this is the most current prototype of the building is what it is with our newest finishes. So, we've obviously been in business since 1983, so there's various prototypes and, and types and shapes and sizes. Mr. Plumlee: So, if I understand you, this would be going forward your common footprint or your common correct elevation at all of your locations. Is that fair? Mr. Everett: Correct. This is pretty much the standard, there may be some site tweaks that meet, you know, needs in the specific area for your code, but this is the general aesthetic, yes. Mr. Plumlee: Alright, thank you. Ms. Cuellar: Was there anything else, have you finished Mr. Beaman, your rebut? Thank you very much. So, at this time, I'd like to entertain a motion and discussion. Commissioner Byler? Ms. Byler: I have a motion. I also have a couple comments. I do sympathize with the residents. I certainly do. But being familiar with that area, the proposal seems to match everything else that is in that area. It doesn't seem out of line at all. Based on that, I would make a motion that the application be approved. Mr. Coston: Second. Ms. Cuellar: There's a motion on the table from Commissioner Byler for approval. Second by Commissioner Coston. Any additional discussion? Commissioner Plumlee? Mr. Plumlee: I can't support this application. I tell you; this is an interesting corridor with a lot of commercial activity, but it's R-20 zone and we need housing sites, you know, and here we are putting this backed up into a community. We've not said, okay, you know, it should look this way, it should have a lower rise, it should, you know, these folks are already encroached upon in every direction and trying to live a peaceful life. I just think if you're already R-20, we need housing sites, and just to be fair to everyone, I mean, can we approve a plan, we don't see. I mean, half of the site is some elevation that someone at a different time will determine whether or not it is similar enough to the Panda Express, which may be outdated by 20 years at that point. Then what we're going to make it look like a Panda Express that's 20 years old. I just, I don't like that sort of bootstrapping of an approval. So that's why I can't support it. I can see others wanting to support it. We want to promote business, but that's my position. Ms. Cuellar: Thank you very much, commissioner. Commissioner camp? Mr. Camp: I also cannot support this motion and I'd like to explain why. There is too much going on too little land here. That we have the center parcel, which doesn't have a single extra parking space. It's exactly at the limit and that's permissible, but it's sandwiched between the sandwich. Sorry, that another busy fast food and an unknown church building in the future. We don't know what that's going to be, but we know it's going to be deficient on its acreage. I don't want to be sitting here telling a church, well, we let you do all this on the other side and now that you've backed into your own sanctuary plans, no, you can't do them. That's backwards to me. We know that the building is outdated. It is commendable that they want to invest their parishes proceeds back into reinvigorating that, there are elements of the site plan, thank Kimley-Horn for the designs that are pedestrian sensitive in this area, but there's just too much on too little land. When we look at, as Mr. Beaman said, the proxy that we use three acres isn't magic. Three acres is intended to buffer these uses by noise, which maybe is addressed, but also from traffic. That's to me, not satisfied here. We've introduced a tremendous amount of traffic onto this site and for those reasons, I could look at it differently if it was redesigned or if we knew more about the future church plans, but not as it's presented today. Thank you. Ms. Cuellar: Thank you very much. Commissioner. Are there any additional points of discussion? We have a motion on the floor. Clerk: The vote is open. By recorded vote of 5 to 5, items 8 and 9, Virginia Beach Beacon Baptist Church and CFT NV Developments, LLC has been recommended for denial. Vote Tally Commission Member AYE 5 NAY 5 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Proffers Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn (the "Concept Plan"), incorporated herein by reference, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 2 The quality of architectural design and materials of the commercial building construed on the eastern portion of the Property (as shown on the Concept Plan), when developed, shall be in substantial conformity with the entry, side, drive through, and rear elevation exhibits, consisting of 4 sheets, dated May 1, 2024, and prepared by NewGround (the "Elevations"), incorporated herein by reference, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated herein by reference. Proffer 3 The commercial building construed on the western portion of the Property (as shown on the Concept Plan), when developed, shall be constructed using a comparable quality of materials and a compatible architectural style to that shown on the Elevations. Proffer 4 The hours of operation for the restaurants developed on the Property shall be from 9:00 a.m. to 11:00 p.m. each day. Dumpsters located on the Property may only be emptied between the hours of 8:00 a.m. and 8:00 p.m. each day. Proffer 5 Each freestanding signage located on the Property shall be monument style, a maximum of eight (8) feet in height, and shall be constructed with materials and colors similar to those used on the exterior of the restaurant associated with such sign. Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approval of November 9, 1987 and the Modification of Conditions approval of November 27, 2007 shall be voided and replaced with the following conditions below. The total lot area of the Religious Use is 2.5 acres. This lot area is a deviation to the three - acre minimum lot area required by the City Zoning Ordinance. 3. The church site shall be developed in substantial conformance with the submitted conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn, which has exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. There shall be no curb cuts on Nimmo Parkway. 5. The location of the existing modular trailers on site shall remain as depicted on the conceptual site layout exhibit entitled "Conceptual Site & Landscape Plan", dated April 3, 2025, and prepared by Kimley-Horn. 6. Applicant shall obtain all required permits and inspections from the Department of Planning & Community Development Permits and Inspections Division and the Fire Marshal's Office. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy of all buildings on site. 7. All on -site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: NORMAN BROOKS To: Marchelle L. Coleman Cc: Plannina Administration; City Council Subject: Subj : Virginia Beach Planning Commission Hearing Wednesday, May 14, 2025 Date: Tuesday, May 13, 2025 4:06:21 PM Attachments: REZONING PRESENTATION FOR PANDA EXPRESS.DDtx 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. 1. Ms. Marchella Coleman, I would like�to introduce myself. I am Norman E. Brooks as property owner and resident of 2317 Newstead Drive, Virginia Beach, VA 23454. Our home is located on the corner of Newstead Drive and Glen Burnie Court. 2. My concern is regarding the Modification of Conditions (Religious Use) and Conditional Rezoning (R-20 Residential District to Conditional B-2 Business District) portion of 2301 Newstead Drive GPIN: 2414167704. I do not support the rezoning of this property. 3. I, along with the other residents residing on Glen Burnie Court and others on Newstead Drive, strongly object to rezoning the Religious Use Rezoning R-20 Residential District to B-2 Business District. 4. By rezoning this portion of property and allowing two fast food/restaurant type businesses next to our properties are highly unreasonable and will affect our living conditions and most definitely have a negative impact on our property values. 5. Ten years ago, we faced this same problem. The city was planning on rezoning this same property to permit construction of an Aldi Grocery Store. Prior to the Planning Commission meeting on this attempt, I drafted a document and power point presentation and presented them to 19 of the 22 residents. Nineteen of the twenty-two residents of Glen Burnie, Newstead, and Chippokes (area initially referred as the Nimmo Courts neighborhood) strongly objected to the rezoning at that time. There is no doubt in my mind that the residents of our area and those living in the Red Mill area across from Nimmo object to this proposed rezoning. 6. Ten years ago, several other residents along with myself met with Dr. Karen Kawsney (a member of the Planning Commission). At that meeting she reviewed the document containing the objection signatures including the Power Point Presentation. The Power Point listed the numerous concerns and negative impacts that would be levied upon all residents. Concerns were property values, increased traffic, increased noise, delivery trucks, garbage trucks, dumpster odors, rodents, rats, etc. 7. If possible I will try and attend the Planning Commission Meeting tomorrow. To ensure the entire members of the Planning Commission are aware of our same concerns as ten years ago, I would appreciate it if you would share this email and attached Power Point presentation. Each member should review this email and attachment. 8. Lastly, I would ask each Commission Member and the entire Virginia Beach City Council if they would approve any food establishments to be constructed and operating in their own back yard or across their street? 9 I respectfully request and plead that the Planning Commission and City Council deny rezoning this property. Thank you. V/r Norman E. Brooks (757) 779-4675 Residential Concerns and Ohip!r..ions on the City of Virginia Beach RP7nninf7 Parcel GPIN No. 2414-16-7704-0000 from R-20 to Conditional B-2 Prepared by: N. E. Brooks 2317 Newstead Drive Virginia Beach, VA 23454 Residential Objection U Residents residing on Newstead Drive (between Nimmo Parkway and Princess Anne Road), Glen Burnie Court and Chippokes Court object to the rezoning a portion of the Virginia Beach Beacon Baptist Church property; ultimately resulting in the construction of a Panda Express and another unnamed food establishment on said property. t Substantiating Reasons and Concerns 10 Residential land and property values for properties located on Glen Burnie (adjacent to the proposed food establishments) will absorb a substantial decrease in monetary value This monetary decrease in value will then resonate and impact the remaining twenty properties on Glen Burnie Court, along Newstead Drive and Chippokes Court — A negative "Domino Affect" All twenty-two properties and families of the Nimmo Courts neighborhood (which are located in the Princess Anne electoral district) will be adversely impacted Substantiating Reasons and ConCnrnr Overall "Quality of Life" will be negatively impacted; especially by those properties located on Glen Burnie Court and the other fourteen properties located in Nimmo Courts 0 No one wants a commercial business or a discount supermarket in their own backyard ' Not one member of the City Planning Commission or the Virginia Beach City Council would want this or any commercial business right in their backyard Increased private vehicular traffic on Newstead Drive and vehicle noise going to the supermarket Increased semi -truck d_eluerq vehicles Substantiating Reasons and Concerns (cant) Residents located along Newstead already suffer from the noise from the semi-trucks/delivery vehicles servicing the Red Mill Commons businesses backed -up to Newstead Drive Deliveries occurring at all hours day and night Noise from the delivery vehicles (engine noise, refrigeration generators on delivery trucks, unloading delivery vehicles) Substantiating Reasons and ConcPrm*4t-'-'�•-}` ' Bright lights from the food establishments and parking lot ' Landscaping/cypress trees will not resolve light issue ' Light diffusers/shades will not resolve light and noise issues 0 Garbage dumpsters located at rear of supermarket ' Stench/smell (24 hours daily) • Rats, rodents and stray animal attractions in the area Substantiating Reasons and ConcervN0,21, Icontl 0 Garbage trucks ' They are excessively noisy when emptying dumpsters ' Trucks make a persistent and loud "beeping" noise when in reverse — Very annoying and disturbing Noise is increased when the dumpsters are slammed back down on the pavement Garbage trucks arrive at all hours day and night; especially early in the morning. Three to four in the morning is not uncommon. Residents located along Newstead already suffer from the noise made by the garbage trucks servicing the Red Mill Commons businesses backed -up to Newstead Drive -�"`" Substantiating Reasons and Concer.r.c: (ront) Why have these food establishmets in the backyards of an up -scale neighborhood? Home values in excess of over $700,000. 40 This area already has numerous Oriental and Chinese food establishments in close provimity Substantiating Reasons and ConrPr@nr-4r#!nrII-I Having a two fast food establishments nest to the church and in the back yard of private residences "Just Doesn't Make Sense" and is detrimental and preposterous. Based on the aforementioned reasons, the residents on Glen Burnie Court, the five residents along Newstead Drive and Chippokes Court object to rezoning the Virginia Beach Beacon Baptist Church property and we thereby request the Virginia Beach City Council "permanently" deny the rezoning of said property. Closing Comments 4 In closing, I have two final comments: Regarding the church property and contrary to what your staff believes, I do believe the request for the church being permitted to deviate from Section 240.1 of the Zoning Ordinance is not reasonable. I do not see where the City Council can find that there will be no significant detrimental effects of surrounding properties; when in fact this re- zoning will negatively impact our neighborhood and property values. Our Quality of Life and Property Values will diminish. Finally, we do not believe re -zoning the church property is in compliance with the principles and goals of the Comprehensive Plan in that the re -zoning, by no means, enhances our existing neighborhood. Thank you for the op.p;or 0fM speak. Kimley»>Horn MEMORANDUM To: J. Randall Royal, P.E., Kimley-Horn and Associates, Inc. From: Ryan Chiene and Sarah Miller Kimley-Horn and Associates, Inc. Date: April 9, 2025 Subject: Panda Express Drive-Thru — Virginia Beach, VA — Noise Analysis Purpose The purpose of this memorandum is to evaluate the potential noise impacts associated with operation of the proposed Panda Express Drive-Thru project (project), located in the City of Virginia Beach, Virginia. Project Location The project site is generally located along Nimmo Parkway approximately 0.2-mile east of General Booth Boulevard and 0.3-mile north of Princess Anne Road in the City of Virginia Beach, Virginia (City). The project site is specifically located at 2301 Newstead Drive (Assessor's Parcel Number [APN] 24141677040000) at the southwest corner of Nimmo Parkway and Newstead Drive on an approximately 4.94-acre lot in the southern portion of the City. Development of the project would take place on a 2.44-acre portion of the larger parcel. Single-family residential uses are located directly to the north and south, Virginia Beach Beacon Baptist Church is located directly to the west, and multi- family residential uses are located southwest of the project site. Project Description The project site is currently undeveloped. The proposed project would construct two restaurants with drive-thru access, a 2,700 SF Panda Express restaurant on the eastern portion of the project site and a 2,600 SF restaurant pad on the western portion of the project site. The proposed project would provide one full -access access driveway in the southeastern portion of the project site along Newstead Drive for vehicular circulation. All necessary utility improvements including water, sewer, and storm drain would be constructed within the property limits. Standard hours of operation are 9:00 a.m. to 11:00 p.m., seven days/week. See Figure 1: Site Plan for more details. 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 Kimley)))Horn Figure 1: Site Plan 'IBM PAMAY Zc_ I a W-N - -9 pprt w A 90. " amtsr ft IN . mv Lkimley-horn.com] 1100W. Town and Country Road, Suite 700, Orange, CA 92868 —1 Page 2 LANDSCAPE LEGEND FWX& li urn Kimley»>Horn Noise Background Poge 3 Sound is technically described in terms of amplitude (loudness) and frequency (pitch). The standard unit of sound amplitude measurement is the decibel (dB). The decibel scale is a logarithmic scale that describes the physical intensity of the pressure vibrations that make up any sound. The pitch of the sound is related to the frequency of the pressure vibration. Since the human ear is not equally sensitive to a given sound level at all frequencies, a special frequency -dependent rating scale has been devised to relate noise to human sensitivity. The A -weighted decibel scale (dBA) provides this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Noise, on the other hand, is typically defined as unwanted sound. Atypical noise environment consists of a base of steady ambient noise that is the sum of various distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft or train passing by to virtually continuous noise from traffic on a major highway. Several rating scales have been developed to analyze the adverse effect of community noise on people. Since environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise as well as the time of day when the noise occurs. For example, the equivalent continuous sound level (Leq) is the average acoustic energy content of noise for a stated period of time; thus, the Leq of a time -varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. The Day -Night Average Sound level (DNL) is a 24-hour average Leq with a 10 dBA "weighting" added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the nighttime. The Community Noise Equivalent Level (CNEL) is a 24-hour average Leq with a 10-dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. and an additional 5 dBA weighting during the hours of 7:00 p.m. to 10:00 p.m. to account for noise sensitivity in the evening and nighttime. The Day -Night Average Sound level (DNL) As mentioned above, the Day -Night Average Sound level (DNL) is a 24-hour average Leq with a 10 dBA "weighting" added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the nighttime. The project site is located within the boundaries of the 65-70 DNL Noise Zone of the Air Installations Compatible Use Zones (AICUZ) Overlay of the City of Virginia Beach. As it relates to the project, the DNL noise metric is based on the number of aircraft operations that occur on an average annual day or average busy day over a 24-hour period. The DNL includes a 10 dB adjustment, or penalty, for aircraft noise occurring between 10:00 p.m. and 7:00 a.m. because people are more sensitive to noise during normal sleeping hours. DNL has become a standard noise metric used by many government agencies and organizations including the U.S. Environmental Protection Agency (U.S. EPA) and Federal Aviation Administration (FAA) for assessing aircraft noise. 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 Kimley>>> Horn Page 4 Regulatory Setting Federal Noise Control Act of 1972 The Noise Control Act of 1972 (42 United States Cde § 4910) was the first comprehensive statement of national noise policy. The act declared "it is the policy of the U.S. to promote an environment for all Americans free from noise that jeopardizes their health or welfare." Although the act, as a funded program, was ultimately abandoned at the federal level, it served as the catalyst for comprehensive noise studies and the generation of noise assessment and mitigation policies, regulations, ordinances, standards and guidance for many states, counties, and even municipal governments. Code of Federal Regulations Title 40 (Parts 201, 202, and 205) and Title 49 (Part 210) Federal regulations related to noise are codified in the U.S. Code of Federal Regulations (CFR). The Federal Highway Administration (FHWA) sets federal regulations related to noise limits for medium and heavy trucks and locomotives. Federal noise regulations for medium and heavy trucks are contained in 40 CFR Part 201 and railroad noise regulations are contained in 49 CFR Part 210. The regulations set noise limits for locomotives and are implemented through regulatory controls on locomotive manufacturers. Federal regulations regarding motor carriers engaged in interstate commerce are contained in Title 40 of the CFR Part 202. The regulations set noise limits for motor carriers engaged in interstate commerce, including setting standards for highway operations. Federal regulations also establish noise limits for medium and heavy trucks (more than 4.5 tons, gross vehicle weight rating) under 40 CFR Part 205, Subpart B. The federal truck pass -by noise standard is 80 decibels (dB) at 15 meters from the vehicle pathway centerline. These controls are implemented through regulatory controls on truck manufacturers. Local Code of the City of Virginia Beach The following sections of the Virginia Beach City Code are applicable to the proposed project. Section 23-69 — Maximum sound levels and residential dwellings. a) Nighttime. No person shall permit, operate or cause any source of sound to create a sound level that can be heard in another person's residential dwelling during the hours between 10:00 p.m. and 7:00 a.m. in excess of 55 dBA when measured inside the residence at least four (4) feet from the wall nearest the source, with doors and windows to the receiving area closed. Kimley»>Horn Page 5 b) Daytime. No person shall permit, operate or cause any source of sound to create a sound level in another person's residential dwelling during the hours between 7:00 a.m. and 10:00 p.m. in excess of 65 dBA when measured inside the residence at least four (4) feet from the wall nearest the source, with doors and windows to the receiving area closed. c) Measurements in multifamily dwellings or mixed -use structures. In a structure used as a multifamily dwelling or a mixed -use structure, the police department may take measurements to determine sound levels from indoor common areas or other dwelling units within the structure, when requested to do so by a residential occupant in possession and control thereof. Such measurement shall be taken at a point at least four (4) feet from the wall, ceiling or floor nearest the noise source, with doors and windows to the receiving area closed. d) Exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in subsection (b) of this section: 1) Band performances or practices, athletic contests or practices and other school - sponsored activities on the grounds of public or private schools, colleges, or universities. 2) Athletic contests and other officially sanctioned activities in city parks or facilities. 3) Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property. 4) Gardening, lawn care, tree maintenance or removal, and other landscaping activities. 5) Agricultural activities. 6) Church bells, carillons, or calls to worship by other sound -producing devices. 7) Religious or political gatherings to the extent that those activities are protected by the First Amendment to the United States Constitution. 8) Public transportation, refuse collection and sanitation services. Section 23-71 — Specific prohibitions. The City of Virginia Beach prohibits the following acts: e) Noise -sensitive areas. The making of any unreasonably loud and raucous noise within two hundred (200) feet of any school, place of worship, court, hospital, nursing home, or assisted - living facility while the same is being used as such, that substantially interferes with the workings of the institution. f) Construction equipment. The operation of any bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, or other construction equipment between the hours of 9:00 p.m. and 7:00 a.m. except as provided in Municipal Code Section 23-67, or as specifically Kimley»>Horn Page 6 deemed necessary and authorized by a written document issued by the city manager or his designee. Section 23-72 — Sound levels; restaurants. The City of Virginia Beach prohibits operating or causing any source of sound to create a sound level emanating from a restaurant during the hours between 7:00 a.m. and 11:00 p.m. in excess of eighty (80) dB(A), or between 11:00 p.m. and 7:00 a.m. in excess of seventy-five (75) dB(A) when measured from any public area including, but not limited to, any public streets or sidewalks, or other private property. Article 18, Section 1805, Sound Attenuation Sound attenuation measures shall be incorporated in any use or structure located in the 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zones in accordance with the requirements of the Virginia Uniform Statewide Building Code. Appendix 1: Airport Noise Attenuation and Safety Ordinance Section 5 — Acoustical performance standards. a) Except as otherwise provided, any residential use group building or structure or portion thereof constructed or placed within an airport noise zone after January 1, 1995, and any assembly, business, educational, institutional or mercantile use group building or structure or portion thereof constructed after November 17, 2005 shall be constructed to provide acoustical treatment measures in accordance with the Virginia Uniform Statewide Building Code. Joint Land Use Study and Air Installations Compatible Use Zones (JLUS/AICUZ) Program The Department of Defense (DoD) the DoD initiated the nationwide Joint Land Use Study program which addressed land use compatibility issues. The JLUS for the Hampton Roads region includes the jurisdictions of Virginia Beach, Chesapeake, and Norfolk, surrounding the three Navy fields in the region. The objective of the Hampton Roads JLUS is to provide recommendations regarding compatible land use development policy and implementation responding to the Navy's air mission in the region. Additionally, the DoD established the Air Installations Compatible Use Zones (AICUZ) Program to balance the need for aircraft operations and community concerns. Underthe AICUZ program, the DoD provides noise zones as a planning tool for local planning agencies. Noise exposure is measures using the day -night average sound levels (DNL). The DNL contours on the AICUZ program maps reflect the noise exposure in the surrounding communities and the pact that noise impacts diminish with Kimley>>> Horn Page 7 distance from the airfield. DNL contours are used to assess average long-term noise exposure rather than the impact of a single event. Environmental Setting Existing Noise Sources The City of Virginia Beach experiences frequent flyovers and aircraft noise from the three military installations that the City hosts: the Joint Expeditionary Base Little Creek (U.S. Navy — U.S. Army), NAS Oceana and Dam Neck Annex (U.S. Navy), and Camp Pendleton (VA National Guard). The proposed project is located within the 65-70 DNEL Noise level area for the Naval Air Station (NAS) Oceana.'The Noise Level areas for Nas Oceana reflect the noise exposure in the surrounding community and displays how noise impacts diminish with distance from the airfield. The chief sources of noise from an airfield are maintenance run -ups and flight operations. The project area also experiences noise from mobile sources and stationary sources. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities. The existing mobile noise sources in the project area are the motor vehicles traveling on Nimmo Parkway, Newstead Drive, and General Booth Boulevard. The primary stationary noise sources in the project vicinity include mechanical equipment (e.g., heating, ventilation, and air conditioning [HVAC] equipment) and parking lot noise at the adjacent commercial and residential uses. Furthermore, stationary residential noise sources include children playing, dogs barking, birds chirping, and people talking. The noise associated with these sources may represent a single -event noise occurrence or short-term noise. Noise Measurements To quantify existing ambient noise levels in the project area, Kimley-Horn conducted five short-term measurements on March 17, 2025; see Appendix A: Noise Data. The noise measurement sites were representative of typical existing noise exposure within and immediately adjacent to the project site. The daytime measurements were taken between 1:28 p.m. and 2:25 p.m.. Measurements of Leq are considered representative of the noise levels throughout the day. The average noise levels and sources of noise measured at each location are listed in Table 1: Existing Noise Measurements and shown on Figure 2: Noise Measurement Locations. ' Naval Air Station Oceana Apollo Soucek Field Virginia Beach, Virginia. (2010). Joint Land Use Study (JLUS)/ Air Installations Compatible Use Zones (AICUZ) Planning Map. Retrieved from: https://www.yesvirginiabeach.com/_assets/Documents/BusinessDistricts/YesOceana/AICUZ-Planning-Map.pdf Kimley»>Horn Page 8 Table 1: Existing Noise Measurements Site Location Measurement Start Duration Average 4q (dBA) Time Short -Term Noise Measurements In residential neighborhood south of 1:28 PM., Monday ST-1 the project site along Glen Burnie Ct. March 17, 2025 15 min 62.4 In the multi -family residential 1:48 PM., Monday ST-2 neighborhood southwest of the project March 17, 2025 15 min 56.6 site along Wisteria Ln. Along western frontage of the project 2:05 PM, Monday ST 3 site, east of Beacon Baptist Church. March 17, 2025 15 min 62.1 In residential neighborhood north of 2:25 PM, Monday ST-4 the project site along Warner Hall Dr.. March 17, 2025 15 min 56.6 At the southwestern corner of the 1:15 PM, Monday ST-5 project site near parking lot for the March 17, 2025 1.5 hours 59.5 Virginia Beach Beacon Baptist Church. Source: Noise measurements taken by Kimley-Horn and Associates, March 17, 2025. See A endix A for noise measurement results. Sensitive Receptors Noise exposure standards and guidelines for various types of land uses reflect the varying noise sensitivities associated with each of these uses. Residences, hospitals, schools, guest lodging, libraries, and churches are treated as the most sensitive to noise intrusion and therefore have more stringent noise exposure targets than do other uses, such as manufacturing or agricultural uses that are not subject to impacts such as sleep disturbance. Sensitive receptors near the project site are shown in Table 2: Sensitive Receptors. Table 2: Sensitive Receptors Receptor Description Distance and Direction from the Project Virginia Beach Beacon Baptist Church Adjacent to the west Single -Family Residential Dwellings Adjacent to the south Single -Family Residential Dwellings 110 ft to the north Multi -Family Residential Dwellings 290 ft to the southwest Source: Google Earth, 20205. Ki A A Aley )>> Horn Page g Figure 2: Noise Measurement Locations -Tf � q r " a, qJ Ab fit APT � � ... �' of �. � :a /�+�" � l�Y� '�� 4 •..._ y` s —r er i- O A !! r tr t �l AV Monk ..... t. Jam.. P LEGEND Project Site t N P Short -Term Noise Measurement Locations Iqmld • • 00 W. Townand Country Road, Suite 700, Orange,92868• 1 1 — - Kimley»>Horn Operational Noise Impacts On -Site Operations Page 10 The project proposes to operate two drive-thru restaurants. The primary noise sources associated with the proposed drive-thru restaurants would consist of drive-thru operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, and mechanical equipment. Noise associated with the Project was modeled with the SounclPLAN software. SoundPLAN allows computer simulations of noise situations, and creates noise contour maps using reference noise levels, topography, point and area noise sources, mobile noise sources, and intervening structures. Modeled noise levels are based on reference data. A discussion of each project noise source and their distance to the nearest sensitive receptor is provided below. Drive-Thru Operations Standard operating hours for the proposed restaurants are 9:00 a.m. to 11:00 p.m. daily. Two drive- thru menu boards and intercoms (one for each drive-thru restaurant) would be located to the south of each proposed restaurant building. Project noise sources from drive-thru operations include amplified speech from the intercom, idling vehicles, and vehicles circulating along the drive-thru lanes. The proposed drive-thru speaker/intercom generates noise levels up to approximately 60 dBA at 32 feet.z The measured noise level associated with active vehicle idling/queuing at the drive-thru lane is 64 dBA at a distance of 20 feet.3 The closest sensitive receptors (single-family residences to the south) would be located approximately 190 feet south of the closest menu board and intercom. The Drive-thru menu boards and intercoms were modeled as point sources and drive-thru vehicle idling/queuing was modeled as an area source in SoundPLAN and positioned in accordance with the project site plan. Parking Lot Noise Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, which are based on a time -averaged scale such as the one -hour Le, and CNEL scales. The instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car pass-bys range from 53 to 61 dBA4 and may be an annoyance to nearby noise -sensitive receptors. Conversations in parking areas may also be an annoyance to nearby sensitive receptors. Sound levels of speech typically range from 33 dBA at 50 feet for normal speech to 50 dBA at 50 feet for very loud z HME, Engineering Department White Paper, Drive-Thru Sound Levels, July 31, 2020. 3 Drive-thru restaurant noise sample collected by Kimley-Horn on August 17, 2018. Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. kimley horn.com Kimley>>> Horn Page 11 speech.5 It is noted that the parking spaces at the southern extent of the project site would be designated for the Virginia Beach Beacon Baptist Church and would not be used by the proposed restaurants. Thus, parking lot noise would occur at the proposed surface parking lot as close as approximately 90 feet from the single-family residences to the south of the project site. Noise from on -site parking lot movements were modeled as a parking lot source in SouncIPLAN to represent the parking areas south of the drive-thru restaurants. Mechanical Equipment The project would include HVAC units located on the rooftop of the restaurant building. Mechanical equipment (e.g., HVAC equipment) typically generates noise levels of approximately 52 dBA at 50 feet.' The nearest sensitive receptors (single-family residences to the north) would be located approximately 200 feet from the proposed rooftop HVAC equipment. Rooftop mechanical equipment was modeled as point sources in SouncIPLAN and positioned in accordance with the project site plan. Combined Exterior Noise Levels As discussed above, exterior noise levels associated with drive-thru operations, parking lot noise, and mechanical equipment were modeled with the SouncIPLAN 9.1 software. Inputs to the SouncIPLAN model included ground topography and ground type, noise source locations and heights, receiver locations, sound power level data. The SounclPLAN run for project operations conservatively assumes the simultaneous operation of all on -site noise sources. Utilizing the input data described above, SoundPLAN was used to calculate noise levels at the nearest sensitive receptors surrounding the project site. It should be noted that predicted noise levels are conservative estimates since it was assumed that all equipment and operational activity at the project site would occur in a constant, simultaneous manner. In reality, it is anticipated that these noise sources would occur intermittently throughout the day (except for rooftop HVAC which would operate in a steady-state manner). The modeled noise levels for the project are provided in Table 3: Protect Operational Noise Levels and Figure 3: Protect Noise Contours. As shown in Table 3, project -generated noise levels at the closest residential uses (single-family residences to the south) would range from 37.8 dBA LeQ to 45.3 dBA L,.q in the project vicinity and would not exceed the City's 65 dBA noise standard. Further, project noise levels would comply with the 80 dBA noise standard for restaurants outlined in Virginia Beach City Code Section 23-72; see Figure 3: Protect Operational Noise Contours. As such, operational noise levels from the project noise levels from standard operations would be less than significant. 5 Elliott H. Berger, Rick Neitzell, and Cynthia A. Kladden. Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. 6 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700Meosurement Values, June 26, 2015. Kimley»>Horn Page 12 Table 3: Maximum Modeled Operational Noise Levels Land Use Maximum Modeled Noise Level (dBA Le ) Noise Threshold (dBA LeJ Noise Threshold Exceeded? Virginia Beach Beacon Baptist Church (West) 41.8 65 No Single -Family Residences (North) 44.6 65 No Single -Family Residences (South) 45.3 65 No Multi -Family Residences (Southwest) 37.8 65 No Source: Sound PLAN version 9.1. See Appendix A for noise modeling data and results. Table 4: Composite Project Operational Noise shows project noise levels from all sources combined with existing ambient levels. As shown in Table 8, the maximum increase in ambient noise levels from the project would be 0.3 dBA during the daytime at the nearest residential uses which is unnoticeable 'Therefore, the proposed project would not result in a significant increase over existing ambient noise levels at the nearest noise -sensitive uses and would comply with the City's Noise Ordinance. A less than significant impact would occur in this regard. Table 4: Composite Project Operational Noise Levels Ambient Noise Maximum Ambient + Increase Land Use Level Modeled Noise project Over (dBA 4 al Levels (dBA 4,) Ambient (dBA Leg) Virginia Beach Beacon Baptist Church (West) 62.1 41.8 62.1 0.0 Single -Family Residences (North) 56.6 44.6 56.9 0.3 Single -Family Residences (South) 62.4 45.3 62.5 0.1 Multi -Family Residences (Southwest) 56.6 37.8 56.7 0.1 Source: Sound PLAN version 9.1. See Appendix A for noise modeling data and results. According to the FHWA, Noise Fundamentals, https://www.fhwa.dot.gov/environment/noise/regulations_and_guidance/polguide/polgu ide02.cfm, a 3 dBA noise increase is barely noticeable. 714 939 1030 Kimley>>> Horn Figure 3: Project Operational Noise Contours oi max- - tw r' Cb`�lY, • .*1 ' � � R S ?� -�• Ali as Page 13 Noise levels Leq,d dB(A) n - ` 55 50 - 55 / �t 45 - 50 /455 01b 4& Y - F 24 kimley-hornxom 1 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 Signs and symbols = Main building c .r Length Scale 1:1805 0 10 20 40 60 60 KimleyoHorn Kimley»>Horn Truck Deliveries/Trash and Recycling Pickups Page 14 The project would also include infrequent truck deliveries to the restaurant for goods replenishment and weekly trash/recycling collection from slow -moving trucks during normal daytime hours. 8 Noise would be generated during loading and unloading activities by the truck's diesel engines, exhaust systems, and brakes during low gear shifting and breaking activities; backing up towards trash/recycling pickup and delivery areas (known as back-up beepers); dropping down the truck ramps; and maneuvering away from the delivery area. The primary noise source during truck deliveries and trash/recycling pickups would be back-up alarms which produce a typical volume of 97 dBA at one meter from the source.9 Truck deliveries and trash/recycling pickups would take place approximately 150 feet from the nearest sensitive receptors to the north. Based on distance attenuation, truck delivery and trach/recycling pickup noise levels would attenuate to approximately 63.8 dBA, which is below the City's daytime noise standard of 65 dBA for residential uses. It is also noted that noise events from truck deliveries and trach/recycling pickups would be infrequent and instantaneous. Further, truck deliveries and trach/recycling pickups currently occur at the adjacent commercial properties to the east and west under existing conditions. Therefore, the proposed project would result in a less than significant impact related to truck delivery noise levels during project operations. Conclusion As discussed above, the project's operational noise levels would comply with City of Virginia Beach noise standards and would not create a substantial noise increase at nearby sensitive receptors. No mitigation measures would be required. Therefore, the proposed project would not result in significant effects related to noise. 8 Trash/recycling pickups would occur between 8:00 a.m. and 8:00 p.m. and truck deliveries would take place during normal business hours (between 9:00 a.m. and 11:00 p.m.). 9 Environmental Health Perspectives, Vehicle Motion Alarms: Necessity, Noise Pollution, or Both? https://www.ncbi.nim.nih.gov/pmc/articles/PMC3018517/, accessed April 2025. 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 1 714 939 1030 Appendix A NOISE DATA Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-1 Date: 3/17/2025 Analyst: Tad Hardy Time: 1:28 PM Location: In residential neighborhood south of the Project site along Glen Burnie Ct. Results (dBA): Leq: Lmin: Lmax: 1 Peak: 62.4 49.5 76.9 88.6 Equipment Sound Level Meter: LID SoundExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet Photo: - i - � ■ �%Y -- p _ y. e - - � • _ -ram Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% Kimley»)Horn File Name on Meter LxT Data.314.s File Name on PC LxTse 0004201-20250317 132802-LxT Data.314.ld bin Serial Number 0004201 Model SoundExperte LxT Firmware Version 2.404 User Location Job Description Note Description Stan 2025-03-17 13:28:02 Stop 2025-03-17 13:43:02 Duration 00:15:00.7 Run Time 00:15:00.7 Pause 00:00:00.0 Pre -Calibration 2025-03-17 13:24:03 Post -Calibration None Calibration Deviation -- Overall Se!tings RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 ORA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 62.4 dB LAE 91.9 dB EA 173.915 µPa2h LApk (max) 2025-03-17 13:37:48 88.6 d8 LAFinax 2025-03-17 13:37:47 76.9 dB LAFmin 2025-03-17 13:40:25 49.5 dB SEA dB Exceedance Counts Duration LAF>85.0dB 0 0.0s LAF>115.0dB 0 0.0s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s Community Noise LDN LDay 07:00-22:00 LNight 22:00-07:00 IDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNight 22.U0-07.00 62.4 62.4 62.4 62.4 dB LCaq 75.4 dB LAeq 62.4 dB LCeq - LAeq 13.0 dB LAleq 63.4 dB LAeq 62.4 dB LAleq -LAeq 1.0 dB Leq LF(max) LF(min) Lpk(max) Overload Count Overload Duration OBA Overload Count OBA Overload Duration A C Z dB Time Stamp dB Time Stamp dB Time Stamp 62.4 75.4 76.9 2025/03/17 13:37:47 49.5 2025/03/17 13:40:25 88.6 2025/03/17 13:37:48 0 0.0 S 0 0.0 s INoise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-2 Date: 3/17/2025 Analyst: Tad Hardy Time: 1:48 PM Location: In the multi -family residential neighborhood southwest of the project along Wisteria Lane Results (dBA): Leq: Lmin: Lmax: Peak: 56.6 49.9 77.3 94.4 Equipment Sound Level Meter: LD SounclExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet I Photo: Kimley>» Horn File Name on Meter LxT_Data.315.s File Name on PC LxTse D004201-20250317 134801-LxT_Data.315.ldbin Serial Number 0004201 Model SoundExperteLxT Firmware Version 2.404 User Location Job Description Note Description start 2025-03-17 13:48:01 Stop 2025-03-17 14:03:01 Duration 00:15:00.6 Run Time 00:15:00.6 Pause 00:00:00.0 Pre -Calibration 2024-08-05 06:25:29 Post -Calibration None Calibration Deviation --- RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 243 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First second Third Instrument Identification 4201 UNIT 2 LAeq 56.6 dB LAE 86.1 dB EA 45.739 ppa2h LApk (max) 2025-03-17 13:48:10 94.4 dB LAFinax 2025-03-17 13:56:40 77.3 dB LAFmin 2025-03-17 14:02:11 49.4 dB SEA dB Exceedance Counts Duration LAF > 85.0 dB 0 0.0 s LAF>215.OdB 0 0.05 LApk > 135.0 dB 0 0.0 s LApk > 1371) dB 0 0.0 s LApk > 140.0 dB 0 0.0 s Community Noise LC" LAeq LCeq -LAeq LAleq LAeq LAIeq-LAeq L.rq LFlmex) Lilmin) Lpklmex) Overload Count Overload Duration ORA Overload Count ORA Overload Duration LDN LDay 07:00-22:00 LNight 22:00-07:00 LDEN LDay 07:00.19,00 LEvening lf) 0W-22-00 LNight 22:00-07:00 56.6 56.6 56.6 56.6 65.3 dB 56.6 dB 8.7 dB 59.0 dB 56.6 dB 7 1 AR A C 2 dB Time Stamp dB Time Stamp dB Time Stamp 56.6 65.3 77.3 2025/03/17 13:56:40 49.4 2025/03/17 14:02:11 94.4 2025/03/17 13:48:10 0 0.0 s 0 0.0 s dB Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-3 Date: 3/17/2025 Analyst: Tad Hardy Time: 2:05 PM Location: Along Western frontage of the Project site, east of Beacon Baptist Church Results (dBA): Leq: Lmin: Lmax: Peak: 62.1 50.6 78.0 93.1 Equipment Weather Sound Level Meter: LD SoundExpert LxT Temp. (degrees F): 65 Calibrator: CAL200 Wind (mph): 10 mph Response Time: Slow Sky: Partly Cloudy Weighting: A Bar. Pressure: 29.98 Microphone Height: 5 feet Humidity: 51% Photo: if i'n11: • a f t • t .t. -e., i :arc .Stir' �► ..!.# t ,�i r :• Kimley o Horn File Name on Meter LxT_Data.316.s File Name on PC LxTse_0004201-20250317 140501-LxT_Data.316.ldbin Serial Number 0004201 Model SoundExpert* LxT Firmware Version 2.404 User Location Job Description Note Description Start 2025-03-17 14:05:01 Stop 2025.03-17 14:20:01 Duration 00:15:00.6 Run Time 00:15:00.6 Pause 00:00:00.0 Pre -Calibration 2024.08-05 06:25:29 Post -Calibration None Calibration Deviation --- e - . - _ RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear ORA Range Normal OBA Bandwidth 1/1 and 1/3 ORA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 79.3 76.3 81.3 dB Under Range Limit 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 62.1 dB LAE 91.6 dB EA 162.289 µPa'h LApk lmax) 2025-03-17 14:14:08 93.1 dB LAFinax 2025-03-17 14:09:24 78.0 dB LAFmin 2025-03-17 14:13:39 50.6 dB SEA dB Exceedance Counts Duration LAF > 85.0 dB 0 0.0 s LAF > 115.0 dB 0 0.0 s LApk >135.0 dB 0 O.Os LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.05 Community Noise LON LDay 07-.W22-00 LNight 22:0D-07:00 LDEN LDay 07:OD-19:00 LEvening 19:00-22:00 LNight 22..00-07:00 62.1 62.1 62.1 62.1 dB LCeq LAeq LC" - LA" LAleq LAeq LAleq-LAeq Leq LF(max) LFimin) Lpk(max) Overload Count Overload Duration OBA Overload Count OBA Overload Duration 74.3 dB 62.1 dB 12.2 dB 63.4 dB 62.1 dB 1.R dR A C 2 dB Time Stamp dB Time Stamp dB Time Stamp 62.1 74.3 78.0 2025/03/17 14:09:24 50.6 2025/03/17 14:13:39 93.1 2025/03/17 14:14:08 0 0.0 5 0 0.0 s Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-4 Date: 3/17/2025 Analyst: Tad Hardy Time: 2:25 PM Location: In the residential neighborhood north of the project site along Warner Hall Drive Results (dBA): Leq: Lmin: Lmax: Peak: 56.6 46.3 78.9 92.9 Equipment Sound Level Meter: LD SoundExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet Photo: Kirnley>» Horn File Name on Meter LxT_Dats.317.s File Name on PC LxTse 0004201-20250317 142500-LxT_Data.317.ldbin Serial Number 0004201 Model SoundExpert6LxT Firmware Version 2.404 User Location Job Description Note Description Start 2025.03-17 14:25:00 Stop 2025-03-17 14:40:02 Duration 00:15:01.6 Run Time 00:15:01.6 Pause 00:00:00.0 Pre -Calibration 2024.08-05 06:25:29 Post -Calibration None Calibration Deviation --- RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L Microphone Correction Off Integration Method Linear ORA Range Normal ORA Bandwidth 1/1 and 1/3 OBA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 122.8 dB A C 2 Under Range Peak 793 76.3 81.3 dB Under Range Umh 24.3 25.4 31.6 dB Noise Floor 15.2 16.3 22.4 dB First Second Third Instrument Identification 4201 UNIT 2 LAeq 56.6 dB LAE 86.2 dB EA 45.790 µpath LApk lmax) 2025-03-17 14:37:11 92.9 dB LAF- 2025-03-17 14:37:11 78.9 dB LAFmIn 2025-03-17 14:27:40 46.3 dB SEA dB Exceedance Counts Duration LAF > 85.0 dB 0 0.0 s LAF >115.0 dB 0 O.Os LApk > 135A dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s Community Noise LCeq LAeq LCeq - LAeq LAleq LAeq LAkq -LAeq Leq L.Flmax) LFimin) Lpk(mex) Overload Count Overload Duration OBA Overload Count OBA Overload Duration LDN LDay 07:00-22 00 LNight 22 00-07.00 56.6 56.6 66.5 dB 56.6 dB 9.9 dB 59.5 dB 56.6 dB 2.9 dB LDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNight 22:00-07:00 56.6 56.6 dB A C 2 dB Time Stamp dB Time Stamp dB Time Stamp 56.6 66.5 78.9 2025/03/17 14:37:11 46.3 2025/03/17 14:27:40 92.9 2025/03/17 14:37:11 0 0.0 s 0 0.0 s Noise Measurement Field Data Project: Drive-Thru Panda Express , Virginia Beach Job Number: 117744000 Site No.: ST-5 Date: 3/17/2025 Analyst: Tad Hardy Time: 1:15 PM Location: At the southwestern corner of the parking lot near the parking lot for Beacon Baptist Church Results (dBA): Leq: Lmin: 1 Lmax: Peak: 59.5 49.7 91.2 80.9 Equipment Sound Level Meter: LD SoundExpert LxT Calibrator: CAL200 Response Time: Slow Weighting: A Microphone Height: 5 feet Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: 51% Photo: tips_' .. �-�i���<" ���� �� • E' �;�. �. r I J IV y - • ~�4 lz�� •, S ' . a ` :,M "y,., .{ L ► gyp.*: ;4 Kimley)))Horn File Name on Meter LxT_Data.078.s File Name on PC LxTse 0003364-20250317131642-LxT_Data.078.ldbin Serial Number 0003364 Model SoundExperte LxT Firmware Version 2.404 User Location Job Description Note Description Start 2025.03.17 13:16:42 Stop 2025-03-17 14:48:02 Duration 01:31:20.0 Run Time 01:31:20.0 Pause 00:00:00.0 Pre -Calibration 2025-03-1713:13:21 Post -Calibration None Calibration Deviation --- overall 5ettlngs RMS Weight A Weighting Peak Weight A Weighting Detector Fast Preamplifier PRMLxT1L , Microphone Correction Off Integration Method Linear OBA Range Normal OBA Bandwidth 1/1 and 1/3 ORA Frequency Weighting A Weighting OBA Max Spectrum Bin Max Overload 124.1 dB A C 2 Under Range Peak 50.6 77.6 82.6 dB Under Range Limit 23.6 25.6 32.6 dB Noise Floor 14.4 16.5 23.4 dB First Second Third Instrument Identification 3364 UNIT 1 LAeq 59.5 dB LAE 96.9 dB EA 542.673 NPa2h LApt lmaxl 2025-03-17 14:09:18 91.2 dB LAFmex 2025-03-17 14:09:18 80.9 dB LAFmin 2025-03-17 14:15:02 49.7 dB SEA dB Exceedance Counts Duration LAF > 95.0 dB 0 0.0 s LAF>115.0 dB 0 0.05 LApk>135.0 dB 0 0.0s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s Community Noise LON LDay 07:00-22:00 LNight 22:00-07:00 LDEN LDay 07:00.19:00 LEvening 19:00-22:00 LNight 22-00-07:00 59.5 59.5 59.5 59.5 dB LCeq LAeq LCp - LA.q LAleq LAeq LAleq-LAeq L.eq Lrymexl LFlminl Lpklmexl Overload Count Overload Duration OBA Overload Count OBA Overload Duration 78.2 dB 59.5 dB 18.7 dB 61.1 dB 59.5 dB 1 F an A C Z dB Time Stamp dB Time Stamp dB Time Stamp 59.5 78.2 80.9 2025/03/17 14:09:18 49.7 2025/03/17 14:15:02 91.2 2025/03/17 14:09:18 0 0.0 s 0 0.0 s ` d �` Vie`_ C Q - •_ ,� �' yelp F r Tc 71 Wt w �►", ;i .�<{ ,.r' '"•..`moo �'� _ . x}i � ":c: , ��, � .,+t � •� ._ � � � �' �4 � `�• l � • i i.777..•••. •�C� � , > '!►•may t /(( *.fir z e Signs and symbols R,oRdM aomm a f Point receiver If w h f a[[ n_R 7 k'" RaCeVO �y A Date 4/4/2025 s ' d Fa.;•a �y Ab i �+. Length Scale 1:2101 r 0 10 20 40 80 80 tkl m w _�•r F SoundPLANnoise 9.1 C:\Users\Sarah.Miller\One Drive - KH\Desktop\OFFLINE _ Panda Express Drive Thru\Panda Express Noise Folder\3 Noise\4.2 Models\SoundPLAN 9.0\Panda Express Drive Thru\Sheetl.sgs Receiver Usage FI Dir Ldn dB(A) Leq,d dB(A) Leq,n dB(A) L Western Receivers-Church-Building-3 SCR G E 47.7 41.5 41.2 2 Western Receivers-Church-Building-2 SCR G E 48.1 41.8 41.6 3 Northeast Recievers_Building_I SCR G SW 47.4 41 41 Northeast Recievers_Building_1 SCR F2 SW 47.6 41.3 41.2 1 Northeast Recievers_Building_2 SCR G SW 46.2 39.8 39.8 Northeast Recievers_Building_2 SCR F2 SW 46.3 40 39.9 i Northeast Recievers_Building_3 SCR G SW 45.7 39.3 39.3 Northeast Recievers_Building_3 SCR F2 SW 45.8 39.5 39.4 i Northeast Recievers_Building_4 SCR G SW 31.2 25.8 24.6 Northeast Recievers_Building_4 SCR F2 SW 43.9 37.6 37.5 Northeast Recievers_PropertyLine_1 SCR G 48.2 41.9 41.8 1 Northeast Recievers_Property Line_2 SCR G 47 40.6 40.5 I Northeast Recievers_Property Line_3 SCR G 45.8 39.5 39.3 i Northeast Recievers_PropertyLine_4 SCR G 44.5 38.2 38.1 Norther Recievers_Property Line_I SCR G 50.7 44.4 44.3 Norther Recievers_Property Line-2 SCR G 50.9 44.6 44.5 Norther Recievers_ PropertyLine_3 SCR G 50.7 44.4 44.2 Norther Recievers_PropertyLine_4 SCR G 49.8 43.6 43.4 Norther Recievers_Property Line-5 SCR G 48.7 42.4 42.2 Norther Recievers_PropertyLine_6 SCR G 47.8 41.5 41.3 Norther Recievers_PropertyLine_7 SCR G 45.1 38.9 38.7 Northern Recievers_Building_1 SCR G S 49.8 43.5 43.4 Northern Recievers_Building_1 SCR F2 S 50.3 44 43.9 Northern Recievers_Building_2 SCR G SW 49.9 43.6 43.5 Northern Recievers_Building_2 SCR F2 SW 50.4 44.1 43.9 Northern Recievers_Building_3 SCR G S 49.5 43.2 43.1 Northern Recievers_Building_3 SCR F2 S 50.1 43.7 43.6 Northern Recievers_Building_4 SCR G S 48.7 42.4 42.3 Northern Recievers_Building_5 SCR G S 48.4 42.1 41.9 Northern Recievers_Building_5 SCR F2 S 49.2 42.9 42.8 Northern Recievers_Building_6 SCR G SW 46.2 39.9 39.7 Northern Recievers_Building_6 SCR F2 SW 46.7 40.4 40.3 Northern Recievers_Building_7 SCR G S 40 33.7 33.6 Northern Recievers_Building_7 SCR F2 S 43.9 37.6 37.5 Southern Revievers_Building_1 SCR G N 47.7 42 41.2 Southern Revievers_Building_1 SCR F2 N 48.1 42.5 41.6 Southern Revievers_Building_2 SCR G N 47.4 41.8 40.9 Southern Revlevers_Buitding_2 SCR F2 N 47.8 42.3 41.2 Southern Revievers_Building_3 SCR G N 46.5 40.4 40 Southern Revievers_Building_3 SCR F2 N 46.7 40.8 40.3 Southern Revievers_Building_4 SCR G NE 44.6 38.4 38.2 Southern Revievers_Building_4 SCR F2 NE 44.7 38.6 38.3 Southern Revievers_Building_5 SCR G E 41.8 35.6 35.4 Southern Revievers_Building_5 SCR F2 E 42.3 36.1 35.9 Southern Revievers_Property, Boundary_3 SCR G 48.1 42.6 41.5 Southern Revievers_Property Boundary_4 SCR G 45.5 39.4 39.1 Southern Revievers_PropertyBoundary_5 SCR G 42.3 36.1 35.9 Southern Revievers_Property Line-1 SCR G 49.5 44.8 42.7 Southern Revievers_Property Line-2 SCR G 49.6 45.3 42.6 Southwestern Recievers_ApartmentComplex_Building_la SCR G E 42.7 36.5 36.2 Southwestern Recievers_ApartmentComplex_Building_la SCR F2 E 42.8 36.6 36.4 Southwestern Recievers_ApartmentComplex_Building_la SCR F3 E 42.9 36.7 36.4 Southwestern Recievers_Apartment Complex -Building -lb SCR G SE 42 35.8 35.6 Southwestern Recievers_ApartmentComplex_Building_lb SCR F2 SE 42.1 35.9 35.7 Southwestern Recievers_Apartment Complex -Building -lb SCR F3 SE 42.2 36 35.8 Southwestern Recievers_Apartment Complex -Building -lc SCR G E 41.5 35.2 35 Southwestern Recievers_ApartmentComplex_Building_1c SCR F2 E 41.6 35.4 35.2 Southwestern Recievers_ApartmentComplex_Building_lc SCR F3 E 41.6 35.4 35.2 Southwestern Recievers_ApartmentComplex Building_2a SCR G E 39.3 33 32.9 Southwestern Recievers_ApartmentComplex_Building_2a SCR F2 E 40.2 33.9 33.7 Southwestern Recievers_ApartmentComplex_Building_2a SCR F3 E 40.7 34.5 34.3 Southwestern Recievers_ApartmentComplex_Building_2b SCR G N 40.6 34.3 34.1 Southwestern Recievers_Apartment Complex_Building_2b SCR F2 N 40.7 34.4 34.3 Southwestern Recievers_Apartment Complex Building_2b SCR F3 N 40.7 34.5 34.3 Southwestern Recievers_ApartmentComplex_Building_2c SCR G N 32.6 26.3 26.1 Southwestern Recievers_ApartmentComplex_Building_2c SCR F2 N 35.2 28.9 28.7 Recievers_ApartmentComplex_Building2c SCR F3 N 38 31.7 31.6 Recievers_Apartment Complex_Building_3a SCR G N 38.3 32 31.9 Recievers_Apartment Complex -Building 3a SCR F2 N 39.2 32.9 32.7 Recievers_Apartment Complex_Building_3a SCR F3 N 39.8 33.5 33.3 Recievers_ApartmentComplex_Building_3b SCR G N 32.7 26.5 26.3 Recievers_ApartmentComplex_Building_3b SCR F2 N 35.3 29 28.8 Recievers_ApartmentComplex_Building_3b SCR F3 N 37.8 31.5 31.4 Recievers_ApartmentComplex_Building3c SCR G N 32.2 26 25.8 Recievers_Apartment Complex_Building_3c SCR F2 N 34.7 28.4 28.3 Recievers_ApartmentComplex_Building_3c SCR F3 N 37.2 30.9 30.8 Recievers_Apartment Complex_Property Boundary-1 SCR G 44 37.8 37.5 Recievers_Apartment Complex_Property Boundary_2 SCR G 43.3 37.1 36.8 Recievers_Apartment Complex -Property Boundary_3 SCR G 41.2 35 34.7 Recievers_Apartment Complex_Property Boundary_4 SCR G 40.4 34.1 33.9 Recievers_Apartment Complex_Property Boundary-5 SCR G 37.1 30.9 30.7 Max Noise Level Operations Church W 48.1 41.8 41.6 North SFR 50.9 44.6 44.5 South SFR 49.6 45.3 42.7 Southwest MFR 44 37.8 37.5 Modeled Noise Levels Receptor of N land Use Modeled Nobe Level e dBA 1 Virginia Beach Beacon Baptist Church (West) 41.8 2 Single- Family Residences (North) 44.6 3 Singk-Family Residences (South) 45.3 4 Multi -Family Residences (Southwest) 37.8 Min Floor Daytime 1 37.8 Composite Noise Levels Dayume Ambient ModeledAmbient level over � land Use Noise Leve l + projim deA u dBA (dBA Laq) Am� 1 Virginia Beach Beacon Baptist Church (West) 62.1 41.8 62.1 0.0 2 Single -Family Residences (North) 56.6 44.6 56.9 0.3 3 Singk-Family Residences (South) 62.4 45.3 62.5 0.1 4 Multi -Family Residences (Southwest) 56.6 37.8 56.7 0.1 & cmpneyt Inc. / 12As s 44 Appraisal Report Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 265 Kings Grant Rued Surte 105 Virgmnta Beaty: VA 23452M34 TEL (757) 631.4420 FAX (757) 631 4421 www SOSMAndCo oom April 14, 2025 Mr. J. Randall Royal, PC Kimley-Horn 4525 Main Street, 1000 Virginia Beach, VA 23462 Email: Randy.Ro, al e,kimley-hom.com Re: Market Research for Red Mill Farm, Section 12 Acct. No. 252084 Glen Burnie and Chippokes Courts Virginia Beach, VA 23454 Dear Mr. Royal: At your request, I have researched the sales of residences in Red Mill Fann — South Shore Estates to determine if a proposed commercial development will impact adjacent residences within the subdivision. The retail development is proposed for the southwest corner of Nimmo Parkway and Newstead Drive. The crux of this research was to determine if the residences fronting the north side of Glen Burnie Court, that border the land to be improved with the retail development, will be negatively impacted. The scope of this assignment researched residential homes sales in South Shore Estates, as well as nearby Red Mill Farm. The South Shore Estates neighborhood contains 22 lots improved with custom-built homes ranging in size from 2,800 SF to 3,600 SF. The homes were constructed between 1994 and 1996. The neighborhood is bordered on the north by the unimproved church land, on the east by Newstead Drive and Red Mill Commons (retail), the south by a church facility, and the west by Red Mill Landing Apartments. The 22 residences were researched for recent transfer activity (within the last 10 years). The sale results are presented in the graph below. Mr. J. Randall Royal, PC Kimley-Horn April 14, 2025 Residential Home Sales - South Shore Estates $250.00 $200.00 Ln N r, \ tn Men 00 M on Ln to o0 M `n N $100.00 ,nV1 N N Z $50.00 $0.00 �!1 L' -1 11 LO 14 lD ri r, ri r` 1-4 00 -4 00 1-1 Ql '-1 0) 1-4 O N O N 14 N .--1 rV N rV N rV M N M cf N N O O N N \ \ O N \ O N \ N O N \ O rV \ O rV \ O N \ O N \ O N \ O N \ O N \ O rV \ O N \ O N \ O hl \ O N \ O O N N \ \ .--1 '-1 \ 00 N W r-1 \ N 00 00 '-1 \ N .--1 \ 00 .-1 \ N •-I \ fA '-I \ N r-1 \ 00 �-i \ N .--1 \ 00 e-1 \ N 'i 00 00 rl \ N .-/ 00 W '-1 \ N '-1 e-1 \ \ DD N The chart indicates there have been 8 transfers in the subdivision during the past 10 years, property values have trended higher during the term and the highest unit price was for a residence fronting Newstead Drive. The sales do not indicate the residences fronting Newstead Drive or Red Mill Apartments sell for less than the residences on interior lots within the subdivision. Most of the homes in the development are owned by the first buyer. Finally, Red Mill Commons was constructed in 2001, while the nearby Home Depot was constructed in 2004. Red Mill Apartments were constructed in 2010. The residences in South Shore Estates were constructed between 1994 and 1996. Adjacent and nearby commercial development has not impacted the property values in the subdivision. The same research was conducted on 20 homes within the northwest corner of Nimmo Parkway and Newstead Drive. The homes are part of Red Mill Farm, were constructed between 1984 and 1985 and range in size from 1,500 SF to 3,000 SF. This section of Red Mill Farm is bordered by Nimmo Parkway on the south and Hickman Place shopping center on the west. The 20 residences were researched for recent transfer activity (within the last 10 years). The sale results are presented in the graph below. Commercial Real Estate Appraisers and Consultants & Company, lnC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452.6834 TEL• (757) 631-4420 FAX: (757) 631a421 www.SosclaAndCo.com Mr. J. Randall Royal, PC Kimley-Horn April 14, 2025 Residential Home Sales - Red Mill Farm $250.00 hh hh LA. $200.00h a h a $150.00 Lihh v � a $100.00 C $50.00 $0.00 W W 00 Ol Ql Ol O O O ri ri N N N M m M V r-iN N N N N " N N N N N" N 0 0 0 0 0 0 0 O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ � e-f .--1 .--1 ri .--I r-1 r-1 ri r-1 c-1 �-1 e-I ri .-i •-1 ri �-1 ri \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ The chart indicates only 5 of the 20 homes have transferred during the past 10 years. Property values have trended higher during the tern. The sales do not indicate the residences bordering Nimmo Parkway or the Hickman Place shopping center sell for less than the residences on interior lots within this section of Red Mill Farm. The conceptual plan of the proposed development is consistent with the existing retail/commercial development bordering Newstead Drive, Nimmo Parkway and the west side of South Shore Estates. Market research provided evidence that the surrounding neighborhoods were not impacted by the commercial development constructed since 2001. The research demonstrated a steady increase in property values and a low turnover of home ownership. The information relied on for this assignment accompanies this letter. Please call or email me if you should have additional questions regarding the information summarized in this letter. Respectfully submitted, John L. Soscia, MAI VA Certified General Real Estate Appraiser # 1892 Commercial Real Estate Appraisers and Consultants & Company, lnC. 265 Kings Grant Road, Suite 105 Virginia Beach. VA 23452.6834 TEL (757) 631-4420 FAX: (757) 631.4421 www.SosclaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 1. A view, facing east, along the church driveway that extends from Newstead Drive 2. A view, facing south, of 1304 Glen Burnie Court from the undeveloped church property (Area of proposed retail development) lwam Commercial Real Estate Appraisers and Consultants & Company, Inc. 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6934 TEL: (757) 631-4420 FAX: (757) 6314421 www.SosciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 3. A view, facing north, of the undeveloped church land, north of 1304 Glen Burnie Court E•' 2tt,"y. `"ys..`L-F iS•ab ;,T ,t, `- t S 4. A view, facing south, of 1300 Glen Burnie Court from the undeveloped church property (Area of proposed retail development) 19lvi9l`xS/nJ Commercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631- 420 FAX: (757) 631-4421 www.SosclaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 5. A view, facing north, of the undeveloped church land, north of 1300 Glen Burnie Court 6. A view, facing west, along the church driveway that extends from Newstead Drive a m Commercial Real Estate Ap praisers and Consultants & COmpany, lnC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631-4420 FAX: (757) 631.4421 www.SosclaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 7. A view, facing north, along Newstead Drive from the entrance apron of the church property A view, facing south, along Newstead Drive from the entrance apron of the church property agmCommercial Real Estate Appraisers and Consultants & Company, Inc. 265 Kings Grant Road. Suite 105 Virginia Beach, VA 23452.6834 TEL: (757) 631-4420 FAX: (757) 631-4421 www.SosciaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 9. A view, facing south, along Newstead Drive from the intersection of Glen Burnie Court Xc BSI i 7... ti'f `_:.S,.4 i.v 10. A view, facing north, along Newstead Drive from the intersection of Glen Burnie Court MgmCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452.6834 TEL (757) 631- 420 FAX: (757) 631.4421 www.SosclaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 11. A view, facing west, along Glen Burnie Court from the intersection of Newstead Drive 12. A view, facing north, of 1300 Glen Burnie Drive MOMCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631-4420 FAX: (757) 631-4421 www.SosclaAndCo.com PHOTOGRAPHS Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 13. A view, facing north, of 1304 Glen Burnie Court 14. A view, facing east, of Newstead Drive and the landscape buffer of Red Mill Commons WamCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road. Suite 105 Virginia Beach. VA 23452-6834 TEL: (757) 631 3420 FAX: (757) 631-4421 www.SosciaAndCo.conn WF lazo rsE / u4wrfau/ - 01IE�/.Y0p6/Nt4 IP MI 01t MIhN-rl.Fpy A4w f � Mw rwi `� I7® /6E / it10.Y/n) 1 �Mu-Nw]r�l) I � NINYO PARKWAY YYAt v� (Ai R%: EK=EN —5) MORO RNEt Arml]ray i ' � / - E-f1MOm a uM 1 STOP 4M L` IDOtY/� ".44 n) / �cRavoSEo wog! a wA.X �wc L//�REIa/ BOMO / g10ER BO �OfpWO5E�R1rM! O w./ Nil ? a ■ c e� w a1 �P4uPo5E�l w 0 cwraw .......... . ....YER. asEo suEw.0 LANDSCAPELEGEND • SYMBOL BOY 4—N F TREES Oul IVOKIWVI�s IRH e �.ilv EVB10RFFN ieH ! mua/SC.MT LRH tNra >ARgrw .v✓fACMOVI rREF O �� GT.MiV91GRF4R5wlue a% ��E w �r.EEr EaawrAOE swI/a SCREEHNc ot�Aw EVEm..csry sa�u LLI Z J � L) U M[ET N11Y0! CSP 1 -- - - - -- IM - ft - - tai - -tmpnisreaaaw Tots!I�M�esst Address Barden ssleDm 1'sks tllBF tie-sF 81ae-St Aatew�st Aastaaaat�e ---Aueaaawat Mansard -fist 1300 Glen Burnie Ct Church _& Newnead Dr. 6/62001 $239 900 NA 21.566 3,128 5255 000 $419,W 5674 900 $134.24 1304 Gkn Burnie C1. Church _ 120119" $195.500 NA 21.739 3,142 5255000 S42Z400 5677400 $134.44 1309 Glen Burnie CL Church MOM 5460.000 $138.43 22.126 3,323 S255000 Slit t00 $693 600 $132.OS 1312 Glen Burnie 6 Church and Apatmtents _- 62312005 _. _ S475 000. __. NA _ 21,799 _ 3 647 S23S,000 _ $451,400 $706,400 5123.77 1315 Glen Burne Ct Apartments 7/1/1994 5225,000 NA 25,6t7 3,66t 5255,000 _ $434.20 _ _ SM,20 SI23.83 1309 Glen Burnie 3 Residence 2/17/2021 $605.000 $173.85 20-00 3,490 5255 000 $533 00 S7it $153.22 1303 Glen Burnie Ct Residence 1227/1994 S22t.645 NA 20,731 3,470 S255000 $434 %",30 S12S.16 2317 Nexstead Dr_ & Residerce Nescsiead Dr. 7/13/1999 5256,000 NA 21.19t 3,354 5255,000 5440,200 $695 5131.25 2325 Newnead Dr. Residence_& Ne vstead Dr. --122t/1994 t/3/201t 5499,000 S1M.It 19,379 _ _ 33,461 _.. 5255,000 f466,100 _ $721,100 $134.67 2333 Newpud Ni _ Residence & Nessstead ar. _ 5190,000 NA _ 19,623 _ 3,111919 _ 5255,000 _ __ _ S4I I'm _ 5666,900 5132.q 2341 Newstad Dr. Residence & Neastead W. 4/12024 5695,000 5197.72 20,302 3,5I5 S255 000 5445,900 _ 5700900 S126.t6 2349 Ne%vesd Dr. Residence & Netcstead Dr. I IA02004 $400.000 NA 23,7t3 3,192 5255,000 $419 t00 5674 I00 $131.52 1312 Chty" Ct. Residence VIM12 $426,600 NA 202423 3,II8 5255 000 5425 100 -_ MKI00 $136.34 1320 C7tppokes Ct. Residence - 4MO12 $387,500 NA 20,673 3,622 5255,000 5436,300 _ 5691,500 5120.51 1324 C1pkt Ct. Residence 5262010 __$445.000- MA . -_ 20,342 _ ... 3,SU_ _. $255,000 - _ _Y!M00 57� $135.23 1325 Clq+pokes Ct. Residence & Apammb 2/t4/MIS $435 000 $13373 30,MI 3,MS S25S 000 _ S42t,M0 $6t3 00 $133.60 1321ChippokesCt. Residence &AA"em 1MM23 $300,000 $137.85 A303 3,627 S235,000 _ $470300 _ $725300 $129.67 1317 Chippokes Ct. Residence 1221/1993 5200,000 NA 24,931 2,123 U55,000 5377900 S63 900 $133.77 1313 Chippokes Ct Residence & Cluach 3MO17 $537,000 $151.61 35,597 3,542 5255,000 5454,100 _ 5709,100 S128.20 1309Chippokes Ct. Church 1121/2M $279,900 NA 20,32t _ _ 3,493 U35,000 --- $440,400 f69S,400 5126.44 1305Chgs atCL _Church 1127/I9% $201.000 NA 20301 3,136 5255,000 _ $414,900 $669"0 $132.30 1306 Chi,*, Q. Church & N..I d Dr. MM20 5505,000 $141.93 20,79t 3,338 5255,000 _ $494 400 5749 400 S13t.9S Residential Home Sales - South Shore Estates $250.00 LL, $200.00 Ln r'4 tA v> $150.00 M v to r' - m Oco 00 to 0 �n 'A W U M Ln ,v V ,a� N M F $100.00 Z D $50.00 $0.00 to in e•i e-4 1.0 1-1 Wo r1 rn '-1 rn r4 00 e-4 co ,-4 m 1-4 o, ,--1 o N o N ti N e-1 N N N N N M N M a N N O O N N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O O N rnl \ \ r'-1 r-I \ \ \ s-1 \ \ ,-1 \ ei \ r-i \ r-1 \ ,-i \ ri \ r•I \ ri \ e-1 \ s-1 \ •i \ r•i \ ,-4 \ ,-1 \ \ rl rl N OO N \ n0 \ N \ 00 \ N \ 00 \ N \ 00 CA N \ 00 \ N \ 00 \ N \ fX! \ N \ \ 00 N MOMCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631-4420 FAX: (757) 631-4421 www.SosciaAndCo.com Let - - Bwwiq Low lgrowsd Told Address Borden Sale Byte hilt I SF Sime • SF Sime • SF Areaut Aeaellst w1 Anewwal AMOMM • SISF 1298 Warner. Ha0 Dr. Niamo Pkwy. R Newgad Dr. 3R8/2019 $330000 $17535 9,528 I'm $I73 000 S267 500 wZ300 S14214 12%WamerHaBDr. NinmoPkwy. - 3/12ON S239,000 $147.90 8679 1616 $175000 SM700 $401700 S14019 1294 Wamer Ha8 Dr. Ninmo PIML____ 3/31/1997 $109,000 NA 8 388 Z032 $I73 000 01700 $456 700 $139.63 1292 Wamer Ha0 Dr. Ninmo Pk� 7/1/1985 $106,490 NA k513 1661 S175,000 S329,700 $304700 $12390 1288 Warner Hag Dr. Nmmo Pkwl._ 12/3/2008 S274,900 NA kni 1616 S173,000 700 $401,700 $14018 i1284 Warner Hag Dr. Nkmo Ph). 5/1/1990 "S,000 NA 14070 Z032 $175,000 5275000 $430000 $13333 1280 Warner Ha0 Dr. Shopping Center 8/26/1993 $119,000 NA 10 796 753 S173,000 S35$200 $533,2W $130.11 1276 WNWHA Dr. Shopping Center 3/25311 U%,000 NA 7196 1603 $I73 000 S230 900 $405 900 S143.86 1272 Warner Ha0 Dr. Shopping Center 3/23/2011 S283,352 NA 7180 Z753 S175 000 $373,20 5548,200 S13336 1268 Ramer Ha0 Dr. Shopping Center 6/"24 S401,425 S197.55 7378 032 $175,000 S313 $489200 S134.13 1264 Warner Han Dr. Shoppiig Center 1/25/2005 S275,000 NA _ 7069 Z753 $175,000 S345,500 $520,500 $125.50 1265 Warner Hall Dr. Residences I/24/2023 S314,900 $199.65 7615 Z392 $173 000 S42kODO $603,000 $165.12 1269 Warner Hag Dr. Residence 12/19/2002 $169,900 NA 7,6W 2,032 S173,000 $W'900 $458,900 $139.71 1273 Warner Ha0 Dr. Residence 12131/2002 $175,000 NA 7,762 3,003 $175,000 $379 000 $334,000 $126.12 1277 Wamer Ha0 Dr. Resi = 10/4/2001 09,900 NA 9,021 753 S173 000 _ 04k4m $523,400 S126.53 1285 Wamer Ha0 Dr. Resileace 7/1/2019 SW,000 $16714 7,806 032 S173,000_ S364,200 $339,200 S136.17 1289 Warner Hall Dr. Residence 10/4/1994 $104,900 NA 7,562 1,616 $173,000 5226,700 $401,700 $14019 129+ Warm Hag Dr. Residence IN1984 $101,990 NA 7,648 2.560 S175,000 PAW S501,300 $127.46 1297 R'amer Hall Dr. Residence @ Newstad Dr. IN12/2012 5251,500 NA 8,827 1032 _ $175,000 f278s900 $453,900 $13715 Residential Home Sales e Red Mill Farm $250.00 now h� U. $200.00 rh a $150.00 �y u 0- $100.00 c $50.00 $0.00 w 00 00 M M 01 O O O r1 r-1 .-i N N N M M M Ct .-1 1-1 14 -4 .-1 r-I N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N INN N N N N N N N N N N N N N N .\-I .\i .\i .\-1 .\i N e\-1 � e\-1 .\i .\-I .\i .\i e\•1 .\1 .\-I .\-1 .\-1 a\-1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ avamCommercial Real Estate Appraisers and Consultants & Company, /n C. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 234526834 TEL: (757) 631- 420 FAX: (757) 631-4421 www.SosciaAndCo.com QUALIFICATIONS IN REAL ESTATE APPRAISAL JOHN L. SOSCIA, MAI GENERAL Professionally preparing research and appraisal reports for commercial, industrial. special purpose, agriculture and residential properties since 1989. ACADEMIC Bachelor of Science Degree in Finance, Virginia Polytechnic Institute and State University, Blacksburg, Virginia (1988) Professional Seminars/Examinations in ... Real Estate Appraisal Principles, American Institute of Real Estate Appraisers Basic Valuation Procedures, American Institute of Real Estate Appraisers Capitalization Theory & Techniques, Part A: American Institute of Real Estate Appraisers Capitalization Theory & Techniques, Part B: Appraisal Institute Standards of Professional Practice, Parts A & B: Appraisal Institute Case Studies in Real Estate Valuation: Appraisal Institute Report Writing: Appraisal Institute Demonstration Report: Appraisal Institute Comprehensive Exam: Appraisal Institute Virginia Real Estate Law, State Approved Seminar, 1996 Appraisal of Retail Properties, Appraisal Institute, 1997 Standards of Professional Practice, Part C, Appraisal Institute, 1998 Standards of Professional Practice, Part C, Appraisal Institute, 2001 Government: Qualified Witness — Circuit Court, Virginia Beach, Virginia Qualified Witness -- Circuit Court, Norfolk, Virginia Qualified Witness — United States Federal Court, Norfolk, Virginia Qualified Witness — Circuit Court, Suffolk, Virginia Qualified Witness — Circuit Court, Isle of Wight County, Virginia Qualified Witness — Circuit Court, Portsmouth, Virginia SCOPE OF APPRAISAL EXPERIENCE Market Value Rent Levels Insurance Value Easement Value Investment Potential Feasibility Discounted Market Value Estate and Ad Valorem Taxation Compensation and Damages in Eminent Domain Involving Real Property in Categories of. COMMERCIAL INDUSTRIAL RESIDENTIAL Medical Offices Warehousing Apartments Shopping Centers Manufacturing Condominiums Retail & Service Stores Distribution Trailer Courts Subdivisions PROFESSIONAL AFFILIATIONS Member of the Appraisal Institute (MAI No. 11344) STATE LICENSE Certified General Real Estate Appraiser, Commonwealth of Virginia (No. 1892) Certified General Real Estate Appraiser, State of North Carolina (No. A7338) OTHER Appraisal Institute Leadership Development & Advisory Council Conference Chapter Representative, 2000, 2001 and 2002, Washington, DC President, Hampton Roads Chapter of the Appraisal Institute 2012 Member, Kiwanis Club of Lynnhaven 2 G2 G G2 ® Site Property Polygons Zoning Building ME Kenneth Leach 661 Sandbridge Road m Sahabri I �a Feet 0 3060 120 180 240 300 360 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KENNETH LEACH [Applicant] CHANDLER S. DENNIS [Property Owner] Conditional Use Permit (Open Air Market) for the property located at 661 Sandbridge Road (GPIN 2424603634). COUNCIL DISTRICT 2 (Henley) MEETING DATE: June 17, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for an Open -Air Market to allow the continued operation of a food truck on a portion of this 66,530 square foot parcel. The parcel also contains real estate and pet grooming businesses. The food truck area includes picnic tables for patrons. The proposed hours of operation are from 7:00 a.m. to 4:00 p.m., Monday through Saturday. Three employees are anticipated per shift. When the food truck is not operating, it will remain on site and closed. On February 12, 2025, the applicant received a Notice of Violation for the operation of a food truck without an approved Peddler's Permit or an approved Conditional Use Permit. To rectify this issue, the subject application was filed. ■ Considerations: The site is located in the Rural Area, which calls for the preservation of land and complementary non-residential development. The food truck will provide an amenity for the community and will not result any land disturbance. Further details pertaining to the application, as well as Staff s evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The Open -Air Market shall be limited to one (1) food truck. 2. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 3. The placement of the food truck and any associated seating area shall not obstruct drive aisles or designated fire lanes at any time. Kenneth Leach Page 2 of 2 4. The proposed hours of operation shall be 7:00 a.m. to 4:00 p.m., Monday through Sunday. 5. There shall be no amplified music associated with the Open -Air Market (food truck). ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. /_ _ Submitting Department/Agency: Planning Department City Manager:rP Project Details Request Conditional Use Permit (Open Air Market) Staff Recommendation Approval Staff Planner Alexis Bailey Location 661 Sandbridge Road GPIN 2424603634 Site Size 66,530 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Pet groomer, real estate business, food truck / B-2 Community Business Surrounding Land Uses and Zoning Districts North Sandbridge Road Wooded lot / AG-2 Agricultural South Commercial Office / B-2 Community Business East Wooded lot / B-2 Community Business West Pet groomer / B-2 Community Business �N04"oqf Rp Kenneth Leach Agenda Item 10 page 1 of 12 • The applicant is requesting a Conditional Use Permit for an Open -Air Market to allow the continued operation of a food truck on a portion of this 66,530 square foot, B-2 Community Business District zoned parcel located in Sandbridge. • The applicant received a Notice of Violation on February 12, 2025, for operation of a food truck without an approved Peddler's Permit or an approved Conditional Use Permit for an Open -Air Market. To rectify this issue, the applicant submitted the subject application. • The applicant's food truck, Bandido's Tacos & Burritos, is a standalone food truck that is located on the northeastern portion of the parcel. The property also contains a real estate business and a pet grooming business. • The food truck area includes picnic tables for patrons. • The typical hours of operation are 7:00 a.m. to 4:00 p.m., Monday through Sunday. Three employees are anticipated per shift. When the food truck is not operating, it will remain on site and closed. # Request 1 CUP (Low Speed Vehicles) Approved 01/27/2009 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ. Conditional Rezoning MDC: Modification of Conditions MDP: Modification of Proffers NON: Nonconforming Use STC. Street Closure FVR: Floodplain Variance ALT- Alternative Compliance SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental Kenneth Leach Agenda Item 10 page 2 of 12 The proposed Conditional Use Permit for an Open -Air Market to operate a food truck is, in Staff's opinion, acceptable. This site is located in the Rural Area, which calls for the preservation of land and complementary non-residential development. The food truck will provide an amenity for the community and will not result in any land disturbance. The use will have limited hours of operation, as noted in Condition 4. Staff is of the opinion that this Open -Air Market will provide added value to the surrounding area to include nearby businesses, residences, and guests visiting the Sandbridge area. While standard traffic counts are not available for the food truck use, Staff does not anticipate any adverse traffic impacts as a result of the food truck. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. 1. The Open -Air Market shall be limited to one (1) food truck. 2. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 3. The placement of the food truck and any associated seating area shall not obstruct drive aisles or designated fire lanes at any time. 4. The proposed hours of operation shall be 7:00 a.m. to 4:00 p.m., Monday through Sunday. 5. There shall be no amplified music associated with the Open -Air Market (food truck). 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. Kenneth Leach Agenda Item 10 page 3 of 12 This project falls within the Rural Area. The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. By maintaining the rural character of the area and the sustainability of the City's agriculture industry, the City is also providing a plan that will help offset impacts from issues inherent to being a coastal community: sea level rise, wind -driven flooding, and storm -related damage from hurricanes" (p. 1-121, Comp Plan Policy Document). The vision of the rural area is to protect rural character and existing scenic views. (p. B-13, Reference Handbook). Proposals for non-residential development in this area should be designed to complement the surrounding rural character in terms of size, scale, architecture and selection of materials. They should also adhere to sound environmental principles that include energy -efficient design and effective groundwater protection" (p. B-13, Reference Handbook). The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Counts Street Name I Present Volume I Present Capacity TGenerated Traffic Existing— No trip generation is available for the existing use 11,200 ADT 1(LOS 4 Existing Zoning: 846 ADT, based on Sandbridge Road 9,650 ADTI 67,000 square feet of B-2 Zoning Proposed Land Use 3- No trip generation data is available for a food truck 1 Average Daily Trips 'As defined by an 67,000 square foot B- 2 parcel 'As defined by a food 'LOS = Level of truck Service Kenneth Leach Agenda Item 10 page 4 of 12 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sandbridge Road is a two-lane minor suburban arterial in the vicinity of this site. This section of Sandbridge Road has a variable right-of-way width. The Sandbridge Road- Nimmo Phase VII-A project is under construction along the frontage of this site. This project is for the construction of a two-lane roadway with on - road bike lanes, a 10-foot shared use path on the south side, a new storm system, and new water lines. The project corridor is from Sandpiper Road to approximately 1.1 mile west of Sandpiper Road. The project represents the first phase of Nimmo Parkway Phase VII, which has limits from Sandpiper Road to Atwoodtown Road. Construction of this phase of the project is scheduled to be complete sometime in 2025. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. water City water is available for connection if needed. There is an existing 12-inch city water main along Sandbridge Road. Sewer City sanitary sewer is not available. Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. Kenneth Leach Agenda Item 10 page 5 of 12 ROOD WO1MMIMI o[ PROP'P'Y 912MM MMCh WPM TO FALL "FLOOD 70rt.5 AF nun " Rpm nzMX s DE'FID"m) AS SRDn' M F E uA S 'Imc W%AV CE RAR w (FIRM.) i M C1'I M NRGNM Nr/ , `AAJN CpIM11111Y PN 1 , 515671 OM C DM U LIW 4 2013 FOn INK 5VMTNG, PC S NCI A PWr, N DEIENNK. DE REOiFEWmn FOR f..DX 96JV 4, ON M PNOPO+ %0A •UiCU. TM AIPkl DOES N07 NWY DAY 1115 PRYUM IL ON Mkt OUT SIE 9AAE7 1O FIDMNG FOR F,ll O n.FDRRXVA. (XNTCl M LOG4 CUMAMIY FLOOD Q%1C11L I g (7993 MS S 7 MAs KRFq LB MRND.R NE KRIM LT A MU PEIW AND MAY NCT v AFFY/ALL EASIMDITS OR IlffMCIM %W- W Ni)Ll SAO PROOERfY M sEOPN DE RN DOES NOT NRN) F ®V M "IF,� A S.9DM1t90N or .Mc PARCEL C (M.2 210. P. 24) �S 5 TJ'097E" N 7JJ.9f' f d truck rj ewum S e a t i ng " g I0 Area "A Nk N E � r r00D IUFCC ]lil RI AMMW �' �� 1 ao noDR 0002 ApIE + 3 \\ a % WAID x PE so J O c \\ ,4S'c� I'ar J I-r-F '�v", 1 WA PERYVEN7 RS (14 I-a202 LODD0 NI E4' .r r ?'o \k\ •11 on AME '1 \\ it" 14 ' cA A�saaav � L •/A // �Qy�.oPIRS M I610PUM S1M ON T6 RAY NO1W 1M NO MlwLis OF OF KuDNGSS A K AAS MIN S 94iM ILL w n6 A9 RAl M RAbtM SLIAD MMN M SO FROPUM LM3 AND 7,[AE ARE NO DGKI OM0.15 OF 66ER 6U{D405 ON M PROPEM. UITF AS SNOIIII FOX LAND SURVEYING. PC SIGNED UY: low I or I LTH wt yf LAND SuRvr"w S..,E: E' _ 46' PHYSICAL SURVEY SrrE DESIGN LOT or "B" PROPERLY OF T.KLIAMS. EL AL �I AS TRAMS M. FO CURnS ACRES Lo. No. 2e PUT RECORDED D1 M" EOO[ 169 AT PAGE 6 IN THE CLJ!RN'h O► 75E CIXCUIT COURT OF THE CITY Or TDOGDIIA 16ACR. OPTICt VIRGINIA 5 3 24O 1rl I / FIX VMGINIA BEACH. VMGTNtA N°0M°fa�w R:clu.h.\T P �y� �O SUW Ck ..w it ).�nyrn A)41N AMN � DENNIS ME =Yk: Tiff vucDru ELCH. YA AFRU., 2024 JN: Dz4-044 Kenneth Leach Agenda Item 10 page 6 of 12 r !.-1Sl•i .t Kenneth Leach Agenda Item 10 page 7 of 12 Kenneth Leach Agenda Item 10 page 8 of 12 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. APPLICANT INFORMATION Applicant Name: \ /\ T ` - 1 L � ck C \ as listed on application , r l Is Applicant also the Owner of the subject property? Yeso No@ If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yeso Noo If yes, name Representative: 1� X S � IAI� A \ �L Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesoNo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a 2arent- subsidiary' or affiliated business entity -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 O No / yes, name the official or employee, and describe the nature of their interest. 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 -col late ralization, etc.) O Q Real Estate Broker/Agent/Realtor O e Disclosure Statement I rev. M a y -2024 page 1 of 3 Kenneth Leach Agenda Item 10 page 9 of 12 SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation O QD Architect/Designer/Landscape Architect/Land Planner O Mv Construction Contractor 0 Engineer/Surveyor/Agent O Legal Services 0 Q 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, I 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. Applicant Name (Print) Applicant Signature Date 1 "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting powerof 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, (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 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. 1 S ! � � ! � ialtl�ililJlil '. + !� S }}(`i'iSI�.'•. milllt!}�ec No changes as of (date): 5/28/9025 Alexis Railey 5/30/2025 Staff Name (Print) Staff Signature 41— Date Disclosure Statement I rev. May-2024 page 2 of 3 Kenneth Leach Agenda Item 10 page 10 of 12 PROPERTY OWNER INFORMATION Property Owner Name: / �J as listed on application a, , �r. r /t;✓ fl. j Is the Owner a corporati l�f�, partnership, firm, fusiness, trust, or unincorporated business? Yes()I If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a Darent-subsidiary' or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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 Q No® If yes, name the official or emplovee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner 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 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.) O Real Estate Broker/Agent/Realtor 0 0 AccountingfTax Return Preparation O Architect/Designer/landscape Architect/Land Planner O Construction Contractor O Engineer/Surveyor/Agent O Legal Services PROPERTY OWNER CERTIFICATION READ: 1 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, I 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. Ckx�idlei� AMT Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Kenneth Leach Agenda Item 10 page 11 of 12 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Kenneth Leach Agenda Item 10 page 12 of 12 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #10 KENNETH LEACH Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next and final item is item 10, Kenneth Leach. Ms. Tariff. Good afternoon. My name's Alexis Tariff, and I'm representing Kenneth Leach. We're here for the open air market permit. Ms. Cuellar: Can you tell us a little bit about the application? Ms. Tariff: It's basically so we can stay there as a food truck, and just be there permanently and we don't move anywhere. So we're a stationary food truck. Ms. Cuellar: What is your, relationship with the food truck? Ms. Tariff: Manager. Ms. Cuellar: Thank you. Do you have any questions from the commissioners? Madam Clerk? Do we have any speakers? Clerk: I don't believe there's a representative listed on the disclosure statement. Is the property owner here to clarify that you have authority to represent them on this item? Ms. Tariff- I sent them over yesterday, I resent all of the information over yesterday to Alexis Bailey and she said that she had gotten it all taken care of. Ms. Bookholt: Just bear with us for just one moment. Marchelle's indicating that the disclosure, it was in the supplements that was sent yesterday and you disclosure statement. Thank you. Ms. Cuellar: Commissioner Byler Ms. Byler: You comment that the food truck will stay there permanently and will not move. Do you intend to take the wheels off and have it as a permanent structure? Ms. Tariff. No, so the wheels would stay on, it can move, but it won't. When we're closed for the off seasons, it'll stay there. But if it ever does need to be moved, the wheels are on there so we can move it. Mr. Mauch: Thank you for being here. 1 had some questions during the informal that had been answered in between the informal and formal, and the request for an open air market is acceptable to me. So my questions had been answered, and I apologize for making a wait through the entire meeting. Ms. Tariff: No, you're good. You don't have any, are you sure? Ms. Cuellar: Are there any additional questions for the applicant? At this time, I'll entertain a motion and any further discussion. Mr. Plumlee: Move to approve. Mr. Parks: Second. Ms. Cuellar: We have a motion to approve by Commissioner Plumlee, seconded by Commissioner Parks. Any additional discussion? Clerk: The vote is open. By recorded vote 10 to 0, item number 10, Kenneth Leach has been recommended for approval. Vote Taliv Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Proffers/Conditions 1. The Open -Air Market shall be limited to one (1) food truck. 2. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 3. The placement of the food truck and any associated seating area shall not obstruct drive aisles or designated fire lanes at any time. 4. The proposed hours of operation shall be 7:00 a.m. to 4:00 p.m., Monday through Sunday. 5. There shall be no amplified music associated with the Open -Air Market (food truck). Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OR OR A8th Street OR f- ` , eet �8th str _. 03 ; Street, 18th St t 74 coo OR OR 1�th gtreet� Ha\f Street OR O'R N ® Site W E Property Polygons Colin & Skylar Miller s Zoning 1720 Baltic Avenue Building _JmFeet 0 15 30 60 90 120 150 180 s �Hu e b f0 -� fry z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COLIN & SKYLAR MILLER [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 1720 Baltic Avenue (GPIN 24270730526760). COUNCIL DISTRICT 6 (Remick) MEETING DATE: June 17, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two -bedroom unit in the Baltic Place Condominiums at 1720 Baltic Avenue. The site has not previously been advertised or rented, nor are there any previous zoning violations. ■ Considerations: The applicant is requesting to operate a two -bedroom Short Term Rental within the Baltic Place Condominiums. Short Term Rentals are prevalent on this property with a total of 4 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit and seven guest parking spaces in the condominium's parking lot, thereby satisfying the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonable met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. The following conditions shall only apply to the dwelling unit addressed as 1720 Baltic Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short -Term Rental purposes. Colin and Skylar Miller Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Colin and Skylar Miller Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Colin and Skylar Miller Page 4of4 a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: el ' Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Alexis Bailey Location 1720 Baltic Avenue GPIN 24270730526760 Site Size 16,800 square feet AICUZ 65-70 dB DNL; Sub -Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Condominium Complex / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 18th Street Condominiums / OR Oceanfront Resort South 17th % Street Car Wash Facility / OR Oceanfront Resort East Baltic Avenue Office / OR Oceanfront Resort West Single-family dwelling / OR Oceanfront Resort 15SN 8T g 1`rTN ST g1 yy��O� y,1N HA r11N � 0� 1Q P "T'A ST 7 Ile �= a,RD ST T BSTr 1 7i AST �NDm 9m g01NS1 764 a 1 _ SST Y w SST ST m Nag c T_ ST t 161N iy ��TN ST 44FY >` T V,I(E DR AA" ST 11114 ST 101N 51 SEWIDW WA`I PINEWOOD OR •` NORFOLK AVE ST 8T qTN ST RIIDEE CT 101H q1N Colin and Skylar Miller Agenda Item 11 page 1 of 13 • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 1720 Baltic Avenue. The 16,8000 square foot parcel contains the Baltic Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi -family condominium was constructed in 1984. • Staff inspected the site on March 25, 2025 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. A condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no prior zoning complaints associated with this address. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property is not considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of March 28, 2025 is shown in the chart below: REGISTERED WITH THE COMMISSIONER CURRENTLY ADVERTISED LAST KNOWN RENTAL OF THE REVENUE No N/A No Short Term Rentals in the Vicinity Colin and Skylar Miller Agenda Item 11 page 2 of 13 The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 Colin and Skylar Miller Agenda Item 11 page 3 of 13 # Request CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved 11/15/2022 1 CUP (Short Term Rental) Approved 08/18/2020 CUP (Short Term Rental) Approved 06/09/2020 2 CUP (Short Term Rental) Approved 04/04/2023 3 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 4 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 5 ALT Approved 05/17/2022 6 CUP (Short Term Rental) Approved 01/18/2022 CUP (Short Term Rental) Approved 06/09/2020 7 CUP (Short Term Rental) Approved 09/01/2020 CUP (Short Term Rental) Approved 09/01/2020 CUP (Short Term Rental) Approved 09/01/2020 8 CUP (Short Term Rental) Approved 09/01/2020 NON Approved 04/28/1992 9 CUP (Short Term Rental) Approved 08/25/2020 10 CUP (Short Term Rental) Approved 02/18/2020 11 CUP (Short Term Rental) Approved 02/04/2020 12 CUP (Short Term Rental) Approved 02/04/2020 13 CUP (Craft Brewery & Open -Air Market) Approved 11/07/2017 14 CUP (Craft Distillery) Approved 03/17/2015 15 CUP (Restaurant) Approved 10/07/2014 CUP (Small Engine Repair) Approved 04/13/2010 16 CUP (Automobile Museum) Approved 12/07/2010 OR "to___IV57011 t oR 7 \ 1 8 OR , ` OR , 6 "s" sI 16 It VOW ..�►9EA�NB�W �0 1 r� 14 OR Application Types CUP: MDC: Modification of Conditional Conditions Use Permit MDP: Modification of Proffers REZ: NON: Nonconforming Use Rezoning STC: Street Closure CRZ: FVR: Floodplain Variance Conditional ALT Alternative Compliance Rezoning SVR: Subdivision Variance LUP: Land Use Plan STR: Short Term Rental Colin and Skylar Miller page 4 of 13 The applicant is requesting to operate a two -bedroom Short Term Rental within the Baltic Place Condominium Complex. Four Conditional Use Permits for the operation of Short Term Rentals have previously been approved for other units in this complex. There is one assigned parking space per unit in the condominium's parking lot along with seven guest parking spaces. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. The site has no prior rental listings or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. 1. The following conditions shall only apply to the dwelling unit addressed as 1720 Baltic Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short -Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. Colin and Skylar Miller Agenda Item 11 page 5 of 13 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire Colin and Skylar Miller Agenda Item 11 page 6 of 13 extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Colin and Skylar Miller Agenda Item 11 page 7 of 13 Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 14, 2025. • As required by State Code, this item was advertised in the Virginian -Pilot on Wednesdays, April 30, 2025 and May 7, 2025. As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 28, 2025. This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on May 8, 2025. City Council • As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 3, 2025 and June 10, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 2, 2025. 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 June 13, 2025. Colin and Skylar Miller Agenda Item 11 page 8 of 13 1 I" to 07 '#tt +V -4'.'r VW 1 t A -trot' A44 rw^t 14p CAN,+• Vf -W ♦w F ""':1^M C 00 "1 -•oe rr inea►OW .r 16160 N` ~9%'asa, *S NA &S ^W0 t W&JjLr"#e Z$Ujn V/ J%%r NLL uwtrs on Polt ni f r+v1so CF 000`014rs0 ron@ ON, Puot:uAjr fo sele op V1R4'wj,1fi•91 WA), Wwo 9881 S..aozvkwT1^zLy *%4FL.#rvP A► 7\ • ar •0" �•L. AEI •fN n1s *�1* Olt" dIk1 i nrL r►e• , Alr �1� Mtn 'S'lu �� ,to Two AAiTl c _^v„se H u e_required parking spaces s • Colin and Skylar Miller Agenda Item 11 page 9 of 13 r Colin and Skylar Miller Agenda Item 11 page 10 of 13 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove 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. iPPLICANT INFORMATION Applicant Name: as listed on application Colin Miller & Skylar Miller Is Applicant also the Owner of the subject property? Yes@ Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yeso No@ If yes, name Representative: Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesONoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent- subsidiary' or affiliated business entity' relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No a If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBI IC C)FFICIAI OR FMPI OYFF 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. 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) j Financing (mortgage, deeds of trust O Atlantic Coast Mortgage Jeremy Kendal 1 cross -col late ra lization, etc.) _ 10 Jamie Rose, Real Estate Broker/Agent/Reakor @ Disclosure Statement I rev. May-2024 page 1 of 3 Colin and Skylar Miller Agenda Item 11 page 11 of 13 SERVICE YES NO O Accounting/TaxReturn Preparation Architect/Designer/Landscape O O Architect/Land Planner. 0 0 Construction Contractor Engineer/Surveyor/Agent 0 1 E) Legal Services © G) SERVICE PROVIDER APPLICANT CERTIFICATION a 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, I 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. Colin Miller ucen " 03/03/2025 Applicant Name (Print) Applicant Signature Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act VA. Code § 2.2-3101. Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some 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. FOR CITY USE ONLY: No changes as of (date): - 5/_27/2025 Alexis Bailey ,cQ 4_ _ 5/30/2025 Staff Name (Print) tall Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Colin and Skylar Miller Agenda Item 11 page 12 of 13 • 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. Colin and Skylar Miller Agenda Item 11 page 13 of 13 STIR VICINITY MAP COLIN AND SKYLAR MILLER 1 cwt+� !•-� wra Short Term Rentals i I 0 STR Permits (149) Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #11 COLIN AND SKYLAR MILLER Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Next item is Item #11, Colin and Skylar Miller Property owners for conditional use permit. Please state your name for the record. Mr. Miller: Colin Miller. Mr. Coston: Are the conditions acceptable to you? Mr. Miller: Yes, sir. Mr. Coston: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Seeing none. We've asked Commissioner Parks to read this item into the record. Mr. Parks: Thank you. The applicant is seeking a conditional use permit for a short-term rental at 1720 Baltic Avenue with favorable staff recommendation and the area already using similar short-term rentals. We felt this was appropriate for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, x,hich may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The planning commission faces the following applications on the consent agenda. Items one and item 11. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Coston: So moved. Ms. Hippen: Second. Ms. Cuellar: Hearing a second. Are there any planning commissioners abstaining on these items on the consent agenda? The motion for approval is made by Commissioner Coston and seconded by Commissioner Hippen. Clerk: The vote is open. By recorded vote of 1 1 to 0, items 1 and l 1 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in -person, but you're also free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 1720 Baltic Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short -Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on -site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. K. 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ADJOURNMENT J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:06/03/2025 PAGE: 1 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM # SUBJECT MOTION VOTE I I S R Y N N I K D E N N I. CITY MANAGER'S BRIEFINGS A. RUDEE LOOP UPDATE Michael Kirschman, Director — Parks & Recreation Chad Morris, Planning Design & Development Administrator — Parks & Recreation B. HOMELESS ISSUES AND SERVICE Ruth Hill, Director — DELIVERY Housing & Neighborhood Preservation C. OCEANFRONT SAFETY AND Paul Neudigate, Police ENFORCEMENT Chief II. -VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y 1. INFORMAL and FORMAL SESSION May 6, 2025 2• SPECIAL FORMAL SESSIONS APPROVED 10-0 ti" A Y Y Y Y Y Y Y Y Y May 13, 2025 3. INFORMAL and FORMAL SESSION APPROVED 10-0 l" A Y Y Y Y Y Y Y Y Y May 10, 2025 4. FORMAL SESSION APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y May 27, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - LGBTQ Pride Month Jeff Ryder — Hampton Roads Pride President 2. PROCLAMATION — MIGRAINE AND HEADACHE AWARENESS MONTH John Carvelho - Shades for Migraine with The Association of Migraine Disorder Anya Wolfenden - MA, Education & Program Development (American Migraine Prevention Study) John Waitekus, M.D. - Physician Advisor J.1. Ordinance to AUTHORIZE the acquisition of ADOPTED, BY 10-0 Y" A l' Y l' Y Y Y Y Y Y an Agricultural Land Preservation (ARP) CONSENT easement from Jeffrey A. and Maryellen W. Kroll (78.26+/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of $893,610 and TRANSFER funds to purchase U.S. Treasury STRIPS J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:06/03/2025 PAGE: 2 R U T N H C L M H C - R A H W U M E H G E M R U 1 C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM # SUBJECT MOTION VOTE I S R Y N N K D E N I N J.2. Ordinance to AUTHORIZE temporary ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y encroachments into a variable width City -owned CONSENT drainage and impoundment easement, at the rear of 1133 Pond Cypress Drive re maintain an existing variable width wooden deck and landscaping, construct and maintain a 36.57- foot wooden bulkhead with fourteen (14) wooden piles and associated connecting cables DISTRICT 9 J.3. Ordinance to ACCEPT and APPROPRIATE ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y $2,729,769.06 from the Virginia Office of CONSENT Children's Services to the FY 2024-25 Human Services Operating Budget re Children's Services Act (CSA) Program K.1. DAWN FEDEROVICH / CHRISTINA M. WITHDRAWN, BY 10-0 Y A Y Y Y Y Y Y Y Y Y SOQUET for a Conditional Use Permit re CONSENT home -based wildlife rehabilitation facility at 6365 Colby Way DISTRICT 7 (Deferred from May 20, 2025) APPLICANT REQUESTS WITHDRAWAL L. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:06/03/2025 PAGE: 3 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM # SUBJECT MOTION VOTE I S R Y N I N I K I D I E I N N ACTIVE TRANSPORTATION ADVISORY Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y COMMITTEE Sally McMahon 3 Year Term 7/1/2025 — 6/30/2028 Collin Knightes — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 Reappointed: Melissa Yae Lin Chang — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 Michael Nerino 3 Year Term 7/1/2025 —6/30/2028 ARTS AND HUMANITIES COMMISSION Reappointed: 0-0 Y A Y Y Y Y Y Y Y Y Y Ashley McLeod 4 Year Term 7/1/2025 — 6/30/2029 BAYFRONT ADVISORY COMMISSION Reappointed: 0-0 Y A Y Y Y Y Y Y Y Y Y Reese E. Longwater — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 BOARD OF BUILDING CODE APPEALS Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Steve Sonkin — Rep. Alternate Member 5 Year Term 7/1/2025 — 6/30/2030 CLEAN COMMUNITY COMMISSION Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Miles Pullman — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 COMMUNITY POLICY & MANAGEMENT Appointed: 10-0 Y' A Y Y Y" Y Y Y Y Y Y TEAM Joy Rios — Parent Representative 2 Year Term 6/3/2025 — 5/31/2027 EASTERN VIRGINIA MEDICAL SCHOOL Reappointed: 10-0 Y A Y Y Y" }" Y Y }' Y Y BOARD Preston White 3 Year Term 7/1/2025 — 6/30/2028 HAMPTON ROADS PLANNING DISTRICT Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y COMMISSION Patrick Duhaney 2 Year Term 7/1/2025 — 6/30/2027 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:06/03/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM # SUBJECT MOTION VOTE I S I R Y N N I K D E N N HEALTH SERVICES ADVISORY BOARD Appointed: 0-0 Y A Y Y Y Y Y Y Y Y Y Dr. Howard Weinberg Unexpired term thru 3/31/2028 HISTORIC PRESERVATION COMMITTEE Reappointed: 0-0 Y A Y Y Y Y Y Y Y Y Y Aubrey Swain — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 HOUSING ADVISORY BOARD Appointed: 0-0 Y A Y Y Y Y' Y Y Y Y Y Quincy White — Representing Nonprofit Housing Organization Unexpired term thru 9/30/2027 INDEPENDENT CITIZEN REVIEW BOARD Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Alexandra Wood 3 Year Term OPEN SPACE ADVISORY COMMITTEE Appointed: 10-0 N" A Y Y Y l' Y Y Y Y Y Jeremy Wing 3 Year Term 6/3/2025 — 5/31/2028 Reappointed: Cooper Stuart — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 PARKS AND RECREATION COMMISSION Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Barrett Lankford — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 PROCESS IMPROVEMENT STEERING Reappointed: 0-0 Y A Y Y Y Y Y Y Y Y Y COMMITTEE William Almond William Coley 3 Year Term 7/1/2025 — 6/30/2028 PUBLIC LIBRARY BOARD Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Robert Covington — H. S. Student Member 1 Year Term 7/1/2025 — 6/30/2026 SOCIAL SERVICES ADVISORY BOARD Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Suzanne Puryear 4 Year Term 7/1/2025 — 6/30/2029 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:06/03/2025 PAGE: 5 R U T N H C L M H C - R A H W U M E H G E M R U C I D N E R M M O L �- C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM # SUBJECT MOTION VOTE I I S R Y N N K D E N N STORMWATER APPEALS BOARD Reappointed: 0-0 Y A Y Y Y Y Y Y Y Y Y William Brunke — Representing Citizen Member Thomas Dillon — Representing Alternate Member Lynn Moon — Representing Alternate Member 3 Year Term 7/1/2025 — 6/30/2028 TIDEWATER COMMUNITY COLLEGE Reappointed: 0-0 Y A Y Y Y ti' Y Y N, Y Y Matthew Stakes 4 Year Term 7/1/2025 — 6/30/2029 VIRGINIA BEACH VA250 COMMITTEE Appointed: 10-0 Y A Y Suzanne Camden — Representing Historical Group Unexpired term thru 7/4/2026 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 6:27 PM OPEN DIALOGUE 5 SPEAKERS 6:40 PM