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JUNE 24, 2025 SPECIAL FORMAL SESSION MINUTES
o` ri 1,p WV q O d�p oUR NET, VIRGINIA BEA CH CITY COUNCIL Virginia Beach, Virginia JUNE 24, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the City Council Conference Room, Tuesday,June 10, 2025, at 1:30 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond and Jennifer Rouse Council Members Absent: Joashua F. "Joash"Schulman—Arrived at 2:15 P.M. Rosemary Wilson. 2 MAYOR'S CALL FOR SPECIAL SESSION ITEM#77287 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, June 24,2025, at 2:00 P.M. City Council Conference Room 2034 Building 1, City Hall, 2„d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct PUBLIC BRIEFINGS and CITY COUNCIL COMMENTSIDISCUSSIONas listed in the attached and published agenda.At the conclusion of the public briefings and City Council comments/discussion, City Council will convene into a Closed Session where the following matters will be considered: • Leral Matters (consultation with leral counsel) — Atlantic Park & Election System • Lezal Matters (actual or potential lineation) —Atlantic Park,Branch et. al v. City of Virginia Beach;and Holloway et.al v City of Virginia Beach • Publicly Held Property—District 6 • Personnel Matters - Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies, Task Forces and Appointees At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. This Special Formal Session will be broadcast on Cable TV, virginiabeach.gov and Facebook Live. Sincerely, Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office June 24, 2025 ;6-x BP_4c is City of Virginia Beach OF OUR N00 Robert M. "Bobby" Dyer Virg iniaBeach.gov MAYOR MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 OFFICE:(757)385-4581 CELL:(757)749-4659 BDYERI?VBGOV.COM June 18, 2025 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code, Section 2-21,and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday,June 24,2025,at 2:00 P.M. City Council Conference Room 2034 Building 1 -211 Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct PUBLIC BRIEFINGS and CITY COUNCIL COMMENTS/DISCUSSION as listed in the attached and published agenda. At the conclusion of the public briefings and City Council comments/discussion,City Council will convene into a Closed Session where the following matters will be considered: • Legal Matters(consultation with legal counsel)—Atlantic Park & Election System • Legal Matters (actual or potential litigation)—Atlantic Park; Branch et. al v. City of Virginia Beach; and Holloway et. al v. City of Virginia Beach • Publicly Held Property—District 6 • Personnel Matters-Council Appointments: Council,Boards, Commissions,Committees,Authorities,Agencies,Task Forces and Appointees At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. This Special Formal Session will be broadcast on Cable TV, virginiabeach.gov and Facebook Live. Sincerely, Robert M. Dyer Mayor cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Office Communications Office 1A BBC 04 L� - - s City of Virginia Beach 399'fS OF OUfl NAt10�'6EG\ Rosemary Wilson Virginia Beach.gov District 5 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-90D0 CELL:(757)422-0733 RCWILSONOVBGOV.COM June 13, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of the country from June 141h through June 30'h. Therefore, I will be unable to attend the upcoming City Council meetings on Tuesday, June 17, 2025 and Tuesday, June 24, 2025. Sincerely, Rosemary Wilson Vice Mayor—District 5 Cc: City Clerk City Attorney City Manager FOIA Officer 3 CITY COUNCILS BRIEFINGS VIRGINIA AQUARIUM FOUNDATION UPDATE ITEM#77288 2:02 P.M. Mayor Dyer welcomed Dan Peterson, Chair and Buffy Barefoot, Treasurer. Mr. Peterson expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Peterson and Ms.Barefoot for the presentation. June 24, 2025 City Council Virginia Aquarium Foundation June 24,, 2025 r V I R G I N I A AQUARIUM & MARINE SCIENCE CENTER Dan Peterson, Chair Buffy Barefoot, Treasurer ABOUT THE VIRGINIA AQUARIUM 250+ SPECIES J U N E 14, 1986 Over $ 100 Million including mammals, fish, Virginia Aquarium opened Amount the Foundation has birds & reptiles. Over 5,000 to the public raised since inception Animals 620,000 1,013 VOLUNTEERS OPEN 363 DAYS visitors in FY-2024 working 51,162+ Closed on Thanksgiving & hours annually Christmas Day 25 PEOPLE $257 Million 10,364 DONORS on the Board of Trustees Economic impact in Virginia Beach in FY- to the Aquarium Fund 2022, supporting 3,000 jobs, and nearly in FY-2024 $85M in labor income The Virginia Aquarium is the third most visited attraction in the Commonwealth and is truly "Our Aquarium." It represents Virginia Beach's commitment as a premier coastal city to protect the ocean and its inhabitants and educate our citizens and visitors about our environment. V I R G I N I A A Q U A R I U M & MARINE SCIENCE CENTER Cumulative Fundraising Foundation Spending $2,916,854.00 .4. " by Category FY 2015-2024 General & Capital Purchases Administrative " $13,934,692.00 Total: $40,852,597 $2,918,319.00 Research & Stranding $8,164,879.00 Education & Animals & Exhibits Outreach $3,990,903.00 x $8,926,950.00 Capital Purchases Over the past 10 years, the Foundation has invested $13,934,692 in capital purchases to support the Virginia Aquarium's mission. + • FY15: $519,878 • FY16: $104,737 • FY17: $1,953,007 • FY18: $2,035,393 AV • FY19: $2,695,746 • FY20: $3,384,852 • FY21: $2,816,371 At • FY22: $308,829 • FY23: $46,954 • FY24: $68,925 1 4+' 2 y,. Animals & Exhibits Over the past 10 years, the Foundation has invested $3,990,903 in animals & exhibits to support the Virginia Aquarium's mission. • FY15: $408,010 • FY16: $424,364 • FY17: $314,542 • FY18: $478,924 • FY19: $556,527 • FY20: $439,206 • FY21: $286,871 • FY22: $172,564 • FY23: $521,003 • FY24: $388,892 Education & Outreach ;? Over the past 10 years, the Foundation has invested $8,926,950 in education & outreach to support the _ Virginia Aquarium's mission. • FY15: $592,892 • FY16: $843,954 • FY17: $1,022,139 • FY18: $914,819 • FY19: $1,008,830 • FY20: $779,145 k • FY21: $666,866 • FY22: $933,412 • FY23: $1,092,304 • FY24: $1,072,589 Research & Stranding Over the past 10 years, the Foundation has invested $8,164,879 in research & stranding to support '"' .. ► the Virginia Aquarium's mission. • FY15: $1,571,247 • FY16: $858,675 • FY17: $760,651 • FY18: $712,970 • FY19: $682,070 • FY20: $585,330 • FY21: $891,477 • FY22: $704,310 If • FY23: $658,102 • FY24: $740,047 = "' General & _ M Administrative Over the past 10 years, the Foundation has invested $2,918,319 in general & administrative to support the Virginia Aquarium's mission. • FY15: $202,223 • FY16: $215,228 �✓ • FY17: $264,326 •�isi�e • FY18: $253,844 ' • FY19: $227,476 • FY20: $283,741 • FY21: $205,124 � • FY22: $424,126 • FY23: $447,848 • FY24: $328,706 Fundraising Over the past 10 years, the Foundation has invested $2 916 854 in fundraising to support the Virginia Aquarium's mission. • FY15: $241,918 • FY16: $305,199 • FY17: $390,355 • FY18: $289,382 • FY19: $376,356 • FY20: $254,155 • FY21: $168,710 • FY22: $264,759 • FY23: $297,314 • FY24: $328,706 i Total Foundation Expenditures 10 Years $40,852,597 40 Years ; Over $100 Million *Does not include depreciation, gain or loss 4 on sale of fixed assets, and in-kind `= salaries/benefits. WON— � J Strategic Initiatives Overview and Projected Timeliness •The Foundation conducted an asset valuation in FY25. *The City and Foundation jointly conducted a structural assessment to determine the useful life of core exhibits, including the Seal Tank, Turtle Tank, and Shark Tank. *The City and Foundation jointly engaged athird-party firm to evaluate alternative operational models. *The Foundation is engaging a lobbying firm to pursue additional funding from the Commonwealth of Virginia to support the development of a new world-class aquarium. •To Date, the Foundation has invested over $500,000 to support these efforts. Foundation Asset Assessment Completed on Mach 19, 2025, the total value of the Foundation's assets are $ 18, 1711000 comprised of: • $ 16, 278,980 Value for Animals and Exhibits • $ 1, 8921314 Value for operations . Foundation and City Structural Assessment : • Engaged Animal Underwater Services; assessment completed on April 7, 2025. With an additional investment on both the Foundation and City's part, we can extend the useful life of the Seal Tank, Shark Tank, and Turtle Tank by an estimated 8-10 years through targeted repairs. • This ensures we have adequate time to develop and build new, purpose-designed habitats that meets the long-term needs of these animals. • Estimated project duration : Three consecutive years of active construction Operational Assessment • Engaged Canopy Strategic Partners January 2025 • Received initial update and Aquarium operating efficiency, which noted only an operational deficit of $ 1 . 6 million per year. • Final report still on track for Fall 2025 . Lobby Firm • At the 6/18/2025 Foundation Board Meeting the Board unanimously approved engaging two lobby firms : Commonwealth Strategy Group and RivCo, to start a strategic plan to seek State Funding in Richmond . This is a multi-year, evolving effort that will require continuous engagement. 77777 ti Next Steps Begin • for Future . a I m I AQUARIUM 8 MARINE SCIENCE CENTER THANK YOU JI. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER 4 CITY COUNCILS BRIEFINGS VIRGINIA A QUA RIUM UPDATE ITEM#77289 2:49 P.M. Mayor Dyer welcomed Kenneth Chandler,Deputy City Manager. Dr. Chandler expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Dr. Chandler for the presentation. June 24, 2025 t Virginia Aquarium Interior/Exterior Study Results Dr. Kenneth L. Chandler, Deputy City Manager June 24, 2025 CITY OF VIRGINIA .ems BEACH 1 Briefing Purpose • Provide City Council with... • A highlight of consultant's findings from two separate studies focused on the interior (exhibits) and exterior (structural) of the Virginia Aquarium • A proposed scope of repairs, cost estimates, and legal obligations under the MOA between the City/Virginia Aquarium Foundation • Consideration of a staff action plan for repairs, costs, and appropriation a� Historical Context of the Virginia Aquarium • The Virginia Aquarium is celebrating 40 years of operation. • 3 studies were initiated to determine the future sustainability and operating vitality of the VAQ via interior exhibits, the external structure, and operational model. • Core exhibits including the Seal, Shark, and Turtle are 30 years old having exceeded a design lifespan of 25-30 years. • The original exterior structure is 40 years old, sustained only by periodic maintenance • Capital assets tend to have a 20-year life span followed by major renovation or new construction often financed with obligation debt VAQ Consultant Studies 1. Interior Infrastructure Study: (Facilitated by Virginia Aquarium Foundation) • Conducted by Animal Underwater Services. • Focused on the interior conditions of the Seal, Shark, and Turtle habitats. • Final Report: Completed (Presented Today 06-24-2025) 2. Exterior Infrastructure Study: (Facilitated by City Public Works) • Led by Moseley Architects with Thornton Tomasetti as sub-consultants. • Focused on the condition and longevity of the building's exterior and foundational structures. • Final Report: Completed (Presented 06-24-2025) 3. Operating Model Study: (Facilitated by Virginia Aquarium Foundation) • Conducted by Canopy Strategic Partners • Examine potential operating models, roles/responsibilities of the VAQF & City • Consider funding amounts, levels, and expenditures for operating and capital • Results expected to be completed year end 2025 4 44 Interior Exhibit Study Animal Underwater Services s VB VAQ Exhibits Report Summary Purpose/Key Findings * The review addresses current conditions, expected lifespan, and recommended interventions. * Timely repairs and proactive maintenance are crucial to avoid early failure. 6 . L3 VAQ Exhibits Report Summary Summary: • All exhibits/habitats (seal, shark, and turtle) require prompt attention. • An immediate and strategic plan of repair must be implemented to extend li�espan and prevent failure. • Long-term strate y needed to address eventual full replacement as exhibits reach end-of-life in 8-10 years. (Assuming Repairs are made) vs VAQ Estimated Interior Repair Costs : • Interior Repair Cost Estimate : $8 Million • Typical exhibit/habitat ratio costs based on Legal Agreement: • City (40%) - $3.2 Million • Foundation (60%) - $4.8 Million 8 Exter*ior Structural Study Moseley Architects with Thornton Tomasetti as sub-consultants 9 VB VAQ Structural Report Summary Purpose/Findings • Conduct an on-site structural condition assessment of the Virginia Aquarium • VAQ structures exhibit • Concrete deterioration • Cracking, spalling, delamination, active leaking at cracks, corrosion deposits from internal reinforcement bars, and efflorescence • Separation of exterior precast concrete wall panels from structure • Repairs recommended • Repair by crack injection techniques, patch-repairs, rebar cleaning and coating, supplemental rebar splicing, moisture barriers, replace roof membrane of Seal Tank building, and precast wall separation 10 Estimated Exterior Repair Costs : • Estimated exterior repair cost: $1.6 Million • City (100%) - $1 .6 Million • No cost share on exterior repair with VAQF �� vs Total Project Repair Costs • Total Interior/Exterior project repair costs: $9.6 Million • VAQF Total Costs: $4.8 Million (60% interior only via MCA with City) • City Total Costs: $4.8 Million • Interior: $3.2 Million (40% cost share via MOA with VAQF) • Exterior: $1.6 Million (100% city for exterior structural repairs) 12 VB Planned Repairs are Critical — But Not the Final Solution *Immediate repairs to interior exhibits (Seal, Shark, and Turtle habitats) and exterior structure are essential to extend animal habitat and standard facility operations. * Interior exhibit repairs are expected to extend habitats life by 8-10 years * Exterior repairs will hopefully extend the facility life similar to the proposed interior t repairs, but will best be confirm once work is underway *All repairs noted above only extend useful life, they do not sustain or eliminate the underlying aging infrastructure challenges or potential exhibit or facility failures 13 VB State of the Virginia Aquarium •Current state of exhibits and facility require development and execution of a long-term replacement plan now *We must begin developing a long-term facility replacement plan now, recognizing that: *The exhibits and exterior structure have reached the end life expectancy without immediate repairs. •Repairs may extend the operational life of the aquarium, but only for an 8- 10-year estimate. *Deferring planning or repairs risks facing future failure without a viable path forward 14 ` " Design Funding Request— laying the Groundwork for the New Sustainable Facility Future • To proactively address the eventual end-of-life of the core habitats and exterior structural needs, we plan to re�Fua est $7-12 million in FY27 Capital Budget fundin to begin design of a new facility. cility Construction estimated $78-$120 Million • This is the critical first step in a long-term solution to replace agging infrastructure and maintain continuity of animal care, facility structural sustainability, and guest experience. • Based on industry standards and our own historical experience: • Planning 4 Design 4 Permitting 4 Construction 4 Opening • This process takes a minimum of 7 years to complete. • Delaying des"gn funding delays the entire timeline. Without early investment, we risk having no facility ready when these habitats can no longer operate. 15 VB GENERAL CONSTRUCTION TIMELINE FOR SUSTAINABLE FUTURE FUNDING APPROVAL THROUGH OPENING F-Jan Occupy 033 Construction •July 2032-Dec 2032 B idding dding •Jan 2030-Jun 2032 Concept uly 2029-Dec 09 design &A/E Design team *Jan 2027-Jun selection rFundin g •Jul 2026 2029 - Dec2026 ul 2026 Seven Years Future Actions/ Next Steps • No appropriation is needed for the $1.6 million for the exterior repairs currently. An existing CIP for the maintenance of the Aquarium will be used for this need. Administration to bring ordinance to appropriate $3.2 million for the City's obligation associated with the MOA with the VAQF to cover the City's share of interior exhibit repairs in July/August 2025 • City Council to be briefed on consultant's findings of operating model study lead by the Virginia Aquarium Foundation prepared by Canopy Strategic Partners Nov/Dec 2025 17 ' Qu esti o ns/ D i scuss i on Legal issues • Virginia Aquarium is operated under an MOA with the Aquarium Foundation. This agreement is dated April 3, 2019. It continues on rolling five-year terms, so current term ends April 3, 2029. • City responsibilities include repair and replacement of the facility and portions of the original construction of the facility. City is responsible for routine maintenance of permanent exhibits less than $5,000. • The Foundation is responsible for maintenance of permanent exhibits in excess of $5,000. • The City and the Foundation can and have jointly funded capital projects and entered into funding agreements for such projects. • If so directed, the City and Foundation could negotiate an agreement to cost share on the immediate habitat repair requirements. 20 VB A 61 5 CITY COUNCIL'S BRIEFINGS 2025 HURRICANE OUTLOOK ITEM#77290 3:24 P.M. Mayor Dyer welcomed David Topczynski, Director—Emergency Management. Mr. Topczynski expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Topczynski for the presentation. June 24, 2025 2025 HURRICANE SEASON Outlook and Readiness Briefing Emergency � Management Dave Topczynski I June 24, 2025 30% • NOAA forecasts a slightly "above average" season. 60% 10% • 13-19 named storms; 6-10 hurricanes; 3-5 major hurricanes • "Greater than normal" chance of storms making landfall. • Forecast confidence is 70%. louds and rain stretched hundreds of miles north of Helene on Septev-,76 • Regardless, it only takes one storm to cause significant disruptions. • Rainfall from tropical storms was the deadliest hazard over the past decade NOAA -� - Severe impacts can be experienced far away from the storms eye - and point of landfall — just look at Hurricane Helene. . Storm remnants often cause significant issues from heavy rain, increased r, tornado risk, and gusty winds toppling trees and power lines. Leading to power outages, home or facility damage, and roadway impacts. MM It 2 What the Forecast means for • Great reminder to consider what needs to do done before any storm approaches. • Insurance up to date? What does it cover and how much? What about Hurricane and Coastal flooding? Storm Preparedness • What inland location can you stay at if you must evacuate or if your home is damaged? Is it a friend, family, or hotel? • How do you receive official information and updates? Are you registered for =" �'-w-�:- V BAI e rt? ..'�-a•..�..�.. ••r.rs....w w • Does any family, friends, or neighbors need help preparing? Would they need help during a storm too? • Visit our Emergency Preparedness webpage for more information and guides. www.virginiabeach.gov/services/emergency-preparedness Federal Changes • • Responsibility for managing and paying for incidents is shifting back to the states and localities. • Shift aligns practices with longstanding disaster policies designed for FEMA to support only 5% of incidents. • Downsizing and turnover since January has degraded FEMA's readiness heading into this season. • Federal assistance can still be requested. However, the approval process will be longer and more stringent. • There are still more changes to come. • Must continue building our self-reliance and improving our capabilities for managing larger incidents. • Will need to rely on the state for anything we cannot source ourselves. • Requests for federal assistance must be made much earlier and in greater detail to justify the need. Impacts Recovery process is tightening! We will be expected to fund much larger portions of all costs. • Began slowly improving our self-reliance and incident management capabilities the past few years. • There is still much more for us to do, but our recent efforts put us in the best possible position for navigating the federal changes. Future • Be flexible and patient. More changes are coming. We must be willing to adapt our practices to support our City. 4 -� Preparedness Efforts • On-going, year-round effort to prepare the City for managing incidents of any magnitude or type. • Participated in: • FEMA Region 3: Senior Leadership Hurricane Exercise • Dominion Energy: Pre-Hurricane Season Outlook meeting. • US Navy: DSCA and Hurricane Season Preparedness meetings. • US Coast Guard: Pre-Hurricane Season Trainings. • Established stand-by contracts for Disaster Services & Disaster Recovery Support. • Exercised opening an emergency shelter with medical friendly and pet friendly components. • Completed a Critical Transportation Needs (CTN) Framework to support evacuations. 777)r Preparedness Efforts, Cont. • EOC Modernization Project: • Complete overhaul and upgrade of the Emergency Operations Center (EOC). • Added a fully integrated, deployable EOC to our equipment cache. • Developed Phase 1 of an ESRI EM Solution, which is undergoing user testing. ;rJi • Sponsored a Crisis Communications Seminar to enhance communications during incidents. • Opened the Watch Desk in partnership with ECCS. • Developing the City's first, comprehensive Recovery Plan. .. Total Flood WAw Tomado Hail •—• — ar••.alal•4 ..rw ar.�+w+ err•.• �,y+.., ...... ]l ........... When a Storm is Approaching • Emergency Management is your avenue for accurate, reliable information. • Our goal is to communicate with you early on and keep you updated regularly. Confidence Monito e-ArrivalPost Storm Increases EM Staff monitor daily Once forecast confidence Critical decisions: Determine impacts NHC reports. is over 50%: • Evacuation Orders to protect life and • Begin monitoring • Declaration of Emg. property. When a storm forms,an Excessive Rainfall • Evacuation Centers • Assess status of the EM staff member is Outlook. • Operating condition Community Lifelines assigned to monitor it's • Model possible • Requesting • Conduct initial development. impacts. resources damage assessments • Conduct initial in • Emergency contract • Begin following Depending on forecast: planning meetings. activations recovery planning • May begin issuing VB • Public messaging. cycle Weather Briefings. • Department storm • Request assistance. • Provide briefings to preparation. leadership. UNDERSTANDING THE PROCESS IS CRITICAL SO YOU CAN STAY UPDATED AND GIVE RESIDENTS OF YOUR DISTRICT RELIABLE, ACCURATE INFORMATION. 7 Questions? Emergency Management 8 a 6 CITY COUNCILS BRIEFINGS 35"STREET LIBRARY UPDATE ITEM#77291 3:55 P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Archer for the presentation. June 24, 2025 r i RFP #ED-24-01 - 302 22nd Street Term Sheet for the Sale of City Property City Council — June 24, 2025 Emily Archer, Deputy Director of Economic Development CITY OF VIRGR -�� BEACH Purpose • Provide a background of the RFP for the former library building at 302 22nd Street. • Review the negotiated Terms of Sale for 302 22nd Street. • Seek Council direction on the proposed next steps. RFP#ED-24-01-302 22nd Street 12 VB Location 1 • Address: 302 22nd Street • Land Size: 0.17 Acres / 7,000 SF "- i: • Building Size: 4,247 SF • Appraised Value (9/10/24): $1,050,000 • Zoned: OR (Oceanfront Resort) • AICUZ: 60-75 dB DNL r e • Council District: 6 " a � RFP#ED-24-01-302 22n1 Street 13 vB y, Structure • Constructed in 1927 by the Chesapeake & Potomac (C&P) Telephone Company • Used as the Virginia Beach Princess w LA Y Y Anne Count Library 1959-1978 • Currently used for storage • The multi-story exterior brick section a i of this structure, is considered to be architectural) significant, as listed in r the Cit 's 1992 Architectural Surveyr • 2021 — Pre-renovation asbestos and lead survey found hazardous material in basement (currently closed off) RFP#ED-24-01-302 22nd Street 4 VB RFP Background AN • $1 Mil is estimated for existing capital maintenance repairs and $1 .63 Mil is estimated for renovations for any new use • Feb. 2023 — PW RE received formal interest in purchasing from surrounding landowners • September 2023 Open Session Presentation — . ; Council Direction to request proposals for sale and adaptive reuses • RFP issued January — March 2024 • Two responses for the same development -- p p 1. V received: one from the landowner and one from the developer • Closed session briefings in October 2024 (building preservation direction) & January 2025 (direction to negotiate) RFP#ED-24-01-302 22ntl Street 15 vB Disclosures ( Developer 21St Street Properties, LLC • Principal: Tony Schmidt, Owner of 21St Street Seafood Raw Bar Company, 2106 Pacific Avenue • Project Development Advisor: D. _. B. Berry Consulting, Inc. t. i • Real Estate Broker: Berkshire ® - Hathaway Home Services / RW Towne Realty • Accounting: Moss & Associates Lilly Inc Property • Contractor: S. B. Ballard • Architect: Cox Kliewer - • Engineer: Timmons Group • Legal Services: Pincus & Goodman P.C. RFP#ED-24-01-302 22n1 Street 6 V113 _ -- Disclosures (Owner) + ( Lilly Inc. is the owner of 304, Pacific Avenue • • • • I , A 145 A and Paw Bar XW Year Ground Leae Lilly Inc Property v_ 21 toStreet _ 2106 Pa crf'c Avenue - 21"St re/et City Property QD: ;:y Properties, - �, / 302 22n°Serest j City Parcel Dulr�d S � Y Michael a g a r'` ii', Lilly Inc Property "� LegolServices: Morris H . PACIFIC AVENUE 1 Fine of Fine, Legum J McCracken, LLP I 302 Development Proposal ! $ j • 8 Stories, 131 multifamily condo units b • 4,340 SF Restaurant � ` • 41000 SF Retail e • 4-Story Parking Deck PacificAve with 258 Spaces • $96-$100 M i I Estimated Development Cost RFP#ED-24-01-302 22n1 Street 8 VB I_ I I } •��„ _ N OM I� „ 1 MAI T i WATER 1 � ELdi I -- 2-STORY Ice TOWNHOME, ' N ��� �• R_RKIy 25T• Y ;` � L Y � � I UCT RE I T•WN OM -'�il�- t� TOWNH@�tE� m ama IL GE;==;;=e' . . Current location of OT�NTIA RO D DILATION RFP#ED-24-01-302 22"'Street�9 w� PACIFIC Z V NUE Facade Reconstruction Explored EE lip oee ODE u u tj RL Proposed Development with Facade Reconstructed Washington, DC Precedent • Historic integrity is not preserved • A plaque describing its historic significance in Virginia Beach will be incorporated RFP#ED-24-01-302 2211 Street 110 VB Fiscal Impact- Preliminary Estimate TotalRevenue 20 Year Real • ; • , , Current Track: Restaurant Immediate work utility needed = $1 Mil with • Estimated annual Gen _ ral ; ; • maintenance, utility,Sales Sale of • • _ and custodial costsTotal = •42.,654 $112k/yr Expenditure • Plus escalation for ROW/Relocation $2.8 Mil 20-year total obligation Nominal - - - 17,642,250 Net Present Value 10,633,585 RFP#ED-24-01-302 22n1 Street 111 VB Proposed Sale Terms • City Parcel assessed at $75/SF (+/-$525,000); Developer Pacific Ave Frontage assessed at $105/SF (+/- $459,060) • City shall be responsible for any soil remediation (potential underground storage tank); Developer shall be responsible for any building remediation (such as asbestos) and its demolition • Conditions to Closing: • City must approve the project as generally consistent with what is proposed • Developer has obtained site plan approval • Developer has provided the City with reasonable evidence of financing • Closing shall occur within 12 months of the date of the Sales Agreement • Post-closing, construction shall commence within 12 months • Developer shall not demolish the Building until construction commencement and City retains approval rights if the proposed development significantly changes (but no recapture) RFP#ED-24-01-302 221'Street 12 vB Proposed Next Steps • Public Hearing and Public Comment on proposed sale • City Council super majority vote on the Term Sheet and to authorize the development and execution of sale documents RFP#ED-24-01-302 22nd Street 113 VB Discussion RFP#ED-24-01-302 22"°Street 1 14 VB RFP Process • RFP Opened January 17, 2024 • Publicized • Virginian Pilot Legal Ad • Economic Development Website, wwWy. (�s_virginiabeach.com/rfp • Direct Distribution via email to Economic Development/PW Real Estate List • Sign on Property Proposals Accepted by Economic Development through March 22, 2024, 3:00 pm local time • Two responses for the same development received: one from the landowner and one from the developer • Review Committee met April 15t" for collective review • Review Committee met with the respondents June 25t" for an interview • Review Committee met Aug. 12 and Oct. 8 RFP#ED-24-01-302 22nd Street 1 15 VB RFP Review Committee • Robert W. "Worth" Remick, Virginia Beach City Council, District 6 • Emily L. Archer, Deputy Director of Economic Development • Tim Copeland, Public Works Real Estate • Mark Reed, Planning & Community Development, Historic Preservation Planner Deborah Zywna, Planning & Community Development Project Development Planner • Legal Support: Alexander W. Stiles, Associate City Attorney • Planning Support: Brandon M. Hackney, Deputy Zoning Administrator • Observer: Rosemary Wilson, Virginia Beach City Council Vice Mayor, District 5 • Observer: Roosevelt Grandberry, Town Center Coordinator RFP#ED-24-01-302 22^"Street 16 VB Fiscal Impact - Considerations • City Investment minimal- • ROW for Parcels - $950,404 • Appraised Value (9/10/24): $1 ,050,000 • Real Estate Tax Rate- 97 C per $100 Assessed • Net Improved Value- $64.9 million (year 1) • Includes condos, garage, and retail • Does not include replacement of restaurant • Future growth assumed of 3% RFP#ED-24-01-302 22"Street 17 VB 7 CITY MANA GER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#77292 4:06 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator. Ms.Alcock expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Alcock for the presentation. June 24, 2025 t �• PLANNING ITEMS JULY 8T" CITY COUNCIL MEETING J U N E 241 2025 CITY OF VIRGINIA „� BEACH SUMMARY - July 81h 14 Planning Items Scheduled for City Council's Consideration ITEM 1: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes, Trustees For Turning Point Church And Ministries, formerly known as Agapae International BH Cypress Point MF Development,LLC Church Garth Gillespie Diane Ong o • Modification of Conditions (Religious Use) Hope,Care,&Love Home Healtheare SmIces,LLC • Recommended for Approval by Planning Commission & Staff Starting BESS Energy.LLC ITEM 2 : Keelingwood Apartments, LLC • Modification of Proffers Amanda Matth— Heart • Recommended for Approval by Planning Commission & Staff ITEM 3: Franklin Group Companies, LLC • Conditional Rezoning (Conditional A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District w/ Workforce Housing Overlay District) • Recommended for Approval by Planning Commission & Staff 2 VP SUMMARY - July 81h 14 Planning Items Scheduled for City Council's Consideration ITEMS 4, 5, & 6: Starling BESS Energy, LLC • Rezoning (R-7.5 Residential to 1-1 Light Industrial), Conditional Use Permit (Battery Energy Storage System), & Garth Gillespie Street Closure • Recommended for Approval by Planning Commission & Staff ITEMS 7 & 8: Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC • Conditional Rezoning (R-20 Residential District to Conditional B-2 Business District) Conditional Use Permit (Religious Use) • Recommended for Denial by Planning Commission & Recommended for Approval by Staff ITEM 9: BH Cypress Point MF Development, LLC • Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District) • Recommended for Approval by Planning Commission & Staff 3 VB SUMMARY - July 81h 14 Planning Items Scheduled for City Council's Consideration ITEM 10: Amanda Matthews • Conditional Use Permit (Child Care Education Center) • Recommended for Approval by Planning Commission & Staff Garth G111-pir DI.ne Ong ITEM 11: Hope, Care, & Love Home Healthcare Services, LLC Hope,Care,&Love Home HeAlthcate Service%.LLC • Conditional Use Permit (Adult Daycare Center) • Recommended for Approval by Planning Commission & Staff ITEM 12: Garth Gillespie • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEMS 13 & 14: Diane Ong • Conditional Use Permits (Short Term Rental) • Recommended for Approval by Planning Commission & Staff 4 VB ITEM 1 - HEARTSILLE REYNOLDS, PORTIA MCGRAW, SHARON MCPHERSON, EDWARD THOMAS & RONALD HAYES, TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH City Council: District 2 (Henley) Location: Portion of 2641 Princess Anne Road .a 4y MODIFICATION OF CONDITIONS (Religious Use) Staff Recommends Approval Planning Commission voted 5 to 4 to recommend Approval 5 VB ITEM 1- HEARTSILLE REYNOLDS ET AL. M ' Request for a Modification of . Conditions to a Religious Use to remove 2.3 acres from a 9-acre parcel • 6.83 acres to remain under the �. CUP, to include existing church ' building, a modular unit, shed, a and parking lot • Church intends to sell 2.3 acres to A Franklin Group Companies to be incorporated into their proposed development to the west HEARTSILLE REYNOLDS, PORTIA MCG RAW,SHARON MCPHERSON, EDWARD THOMAS& RONALD HAYES,TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH 16 ITEM 1- H EARTSI LLE REYNOLDS ET AL. • Will continue to meet the minimum 3-acre lot area requirement for Religious Uses • Recommended Condition: Within y ; 24 months from the date of City Council approval, the temporary access to Princess Anne Rd. shall be removed and permanent access installed from George Wythe Drive HEARTSILLE REYNOLDS, PORTIA MCG RAW,SHARON MCPHERSON, EDWARD THOMAS& RONALD HAYES,TRUSTEES FOR TURNING POINT CHURCH AND VB MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH 17 ITEM 2 - KEELINGWOOD APARTMENTS, LLC City Council: District 2 (Henley) Location: Portion of 2641 Princess Anne Road, Parcel directly northwest of 2641 Princess Anne Road, & 2520 Allie Nicole Circle MODIFICATION OF PROFFERS Staff Recommends Approval Planning Commission voted 5 to 4 to recommend Approval ITEM 2- • • D APARTMENTS., moo, -..R.•� r— Request for a Modification of Proffers to separate the proffers applicable to the original phase of A / ; - development an • the proposed 1 yyk L rr r _ development Managed by the same property management company but two projects will function independently KEELINGWOOD APARTMENTS, 9 VB ITEM 3- FRANKLIN GROUP COMPANIES, LLC City Council: District 2 (Henley) Location: Portion of 2641 Princess Anne Road, Parcel directly northwest of 2641 Princess Anne Road, & 2520 Allie Nicole Circle r � i CONDITIONAL REZONING (Conditional A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District w/ Workforce Housing Overlay District) Staff Recommends Approval Planning Commission voted 5 to 4 to recommend Approval 10 N B ITEM 3 - FRANKLIN GROUP COMPANIES, LLC P I N E R • Conditional Rezoning from Conditional A-18 & AG-1 & AG-2 to p ` �` ; '`Lam- Conditional A-18 with a Workforce '4 . wt.• M W 7i�. Housing Overlay District on an 8.56- ,q acre parcel to develop with a 200- unit multi-family development Aw • Only the proposed clubhouse to be COCEPTFLAWSCHEDLLE in the Interfacility Traffic Area (ITA) and the 65-70 dB noise zone All residential units located outside of both the ITA and 65-70 dB noise THE SILO zone Conceptual Landscape Plan-April 1,2025 GROUP FRANKLIN GROUP COMPANIES, LLC 1 11 VB Density Calculation: - Total - Area . acres . , i Total Site Area , r • density • • • units InvertnclUty Maximum permitted — 200 units YJarkforce � 8.�J6:ICfCS Trnitia Area {6S)0 tlB) Overlay District �` t�6sae) _ 77 units or 38.5% to • - designated for workforce housing Estimated units by bedrooms: 1-bedroom — 98 units ��„.��� 7Q2S TIMMONS GnOU► 2-bedroom 3-bedroom , units FRANKLIN GROUP • • COMPANIES, Building Front Elevation Building Rear Elevation • residential buildings proposed located closer to Princess Anne Road will be 3 stories a max height of 45 feet 2 located closer to George Wythe Dr. will be 4 stories Building Side Elevation Building Materials&Height ® a max heightof Requesting deviation from max height of 35 feet ■ ■ ■ ® ■ ■ 1. Nrick\IasaaY 1. Imcrw Colm YaMlr .■�_ building 2.:\sPnalt tinindr .i. VinYl I.an\IIIY�[ 3.\kul Archiumir.l G Cemrn�iuous Flnrls 0 0 0 � o Arol 3 ti�rn ananmr�rc Ilri[hl.{A'0'•f 8�r{Apanmrm Ilri[N:i�-0' cn�nnon:Ma[u.;[N:Az-r FRANKLIN GROUP • •A ITEM 3 - FRANKLIN GROUP COMPANIES, LLC • Requesting a deviation to allow a 20- foot setback from George Wythe R cm E instead of the 30-foot required Main entrance from George Wythe Drive; Emergency access only from Princess Anne Road Parking Study for reduction of parking s approved by Zoning IRA g spaces p p- p Administrator: E - MOW wl�m • 363 spaces required; 329 provided • Parking ratio of 1.65 spaces/unit THE • • 11 bicycle spaces required; 6 spaces to be covered FRANKLIN GROUP COMPANIES, LLC 1 14 ITEM 3 - FRANKLIN GROUP COMPANIES, LLC Architectural Rendutings . • Presented to the Joint Review Process (JRP) Group on May 16, 2025; " determined to comply with Article 18 Presented to the TA/ITA CAC on May 1, 2025, found the proposal inconsistent with the recommendations for the area r and voted to oppose the project by a vote of 7 to 2 lid 1 speaker in opposition at Planning Commission, noted concerns related to density and incapability with ` surrounding area FRANKLIN GROUP COMPANIES, LLC 15 V ITEMS 4, 5, & 6 - STARLING BESS ENERGY, LLC City Council: District 2 (Henley) Location: 1688 Windy Willow Court, parcel directly west of 1688 Windy Willow Court, parcel directly southwest of 1688 Windy Willow Court, & parcel directly east of 1688 Windy Willow Court 71. ep� OP IOWA REZONING (R-7.5 Residential to 1-1 Light Industrial) CONDITIONAL USE PERMIT (Battery Energy Storage System) STREET CLOSURE Staff Recommends Approval Planning Commission voted 9 to 2 to recommend Approval 16 "' ITEMS 4, 5, & 6 - STARLING BESS ENERGY j LLC • 3 requests: • Rezoning of two R-7.5 Residential parcels to 1-1 Light Industrial; • Conditional Use Permit for Battery Energy Storage System (BESS); and • Street Closure of Windy Willow Court • Located in 70-75 dB & >75 dB noise zone and APZ-2; Use compatible with Navy Flight Operations • Property lies within the Special Economic Growth Area (SEGA) 3, South Oceana STARLING BESS ENERGY, LLC 117 VB ITEMS 4, 5, & 6 - STARLING BESS ENERGY , LLC • Seeks to rezone two R-7.5 parcels to 1-1 Light Industrial • Proposed use only permitted within .µ the Industrial zoning districts _ Applicant desires to construct an 80-megawatt alternating current (AC) battery storage facility • Designed to strengthen the electrical grid reliability and speed REZONING to support clean and renewable sources of electricity of the Virginia Bulk Power Transmission System STARLING BESS ENERGY, LLC 1 18 ITEMS 4, 5, & 6 - STARLING BESS ENERGY ,p LLC • Ordinance requires a 100-foot setback Existing Forested for buildings and battery cabinets from Area toRemainall property lines • Category VI landscape screening is . required within the 100-foot setback • Applicant intends to retain much of the existing forested areas on site to satisfy most of the landscape screening requirement • Will supplement with additional landscaping as needed 8-foot-tall privacy fence proposed around the perimeter of the storage area STARLING BESS ENERGY, LLC 1 19 ITEMS 4, 5, & 6 - STARLING BESS ENERGY ,p LLC • Battery Height: 9 feet & 5 inches. 8 Feet D , • Lithium-ion batteries charged and discharged once per day �-� -. ... ..• . . Anticipated operation of 25 to 40 -� .. -� .. • - years 9.5 Feet • Decommissioning Plan submitted in If Height :...� ... � . accordance with Section 225.02 • 2 Conditions added by Planning t r: Commission: • Bond or Letter of Credit to fund the Decommissioning Plan ' Emergency Response Plan required STARLING BESS ENERGY, LLC 120 ITEMS 45, • - STARLING BESS ENERGY Proposed • - of •y Willow Court (29,601 square feet) A.tor A.�Y,Aers EC oe„ores YIt10X Ytl1VV'GAUP.150'R/MI `\ ae m \ y ro x ctosto.ATttA-zv.aol sr oP o ero Ac Originally established . part of Starling O°1v Jros-lls-eiYAP �\ \�J 70'Mesfl CASEYCNI A,/, STjb JJ� �\ I101.PG!9J) /M/IO O/JS.tl/ Farm, recorded 1978 Viewers Meeting held on April 20, 2025; determined that �CPCO PQf LaK EASCYCMT OT VNSAEpf1E0 iYOM I Xl'dlMNA(I GSEYENT _ proposed closure, 1 CASCYCNT \\ with 1 �(YB I1S PG a\ S/AHJIf.,AOT ttG I I I 73'U1R/IY[ASESICMC \ - required easements to the A r (YB 191.PG IJJ /M/97 Pri IITI I NT will aav Jin-n-EArI � � � sree'ew'Alec ttC 4I rAe J9r Pc:Ji Nee�nc�c m • result any public inconvenience �fi R t II /I•Is3T Ri a'a)/ar l9A1 h^1MJ) �S QYY JI9S-J6-JI�s N16'A53{T � °t � R AeoM pPAAVAGE M,]3• � //�f POMCR GSCYEIPl VAR. dOM BIPAMAGE EASEKNT 11 / y.B 19r,RG.1JI rye rat.Pc.m) �V rs•uruTrGsncrvrPublic . • • ' retained around t3'UrI/TX GSCMENT 1 �,8,t97,PG 1J) existing in water • 't719I 316.T M.lr •7 Public Drainage Easement over existing DAM NECK ROAD vAa xlo rN a/w v�---� Set Shen:a t roe NCM ANB alive newstormwaterpipe vlomNc .v\F,ntiT+r oA J, WINDY ro7eLLc a�COURT �a /11 VIIpMA R(Ap1,NRVNA No known opposition �,CfiAET 1 4EIOEIIKk�' `MSA BAlE3 �k.No.1]V6 G1rtCJ(ED eT:,uv y ihr.�.�il I rii Ni�4i�I5VRV[TORS SOME:i'-tpp.. w rpn 91FE1: t Of 2 VIRGINIA BEACH BEACON BAPTIST CHURCH CFT NV • • Council:DEVELOPMENTS., LLC City • Location: 21 . • Drive ._. J�y S�,JI/ (N �o � 81A •cP� '-1� R�.�S.� �^ '4 0 H _ ,-- , pN bG pxw� kfRR p .�;i1' ;, p R ,gyp y� CONDITIONAL REZONING ' RESIDENTIAL DISTRICTTO CONDITIONAL i-2 COMMUNITY BUSINESS DISTRICT) MODIFICATION OF • • Staff Recommends • • • ITEMS 7 & 8 - VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC e • 2 requests: ° 0 • Modification of Conditions for the Religious Use Conditional Rezoning to rezone 2.44-acre portion of property to r Conditional B-2 Community Business District u r Conditional Use Permit was granted in 1987 for the Religious Use; Modification of IIINIIIIIIIIII Conditions approved in 2007 to Illvllllllllll add two modular classrooms VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC 123 VB ITEMS 7 & 8 - VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC LANDSCAPE LEGEND • Church has existed on this R-20 parcel since 1990 s _ Church intends to sell the eastern portion (2.44 acres) of the property u� 1 for redevelopment a, • Deviation request to minimum lot area requirements for Religious Use • 3 acres required; approximately 2.5 acres to remain • 37 parking spaces required; 54 BoundaryReduced - provided VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC 1 24 ITEMS 7 & 8 - VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC • Proposing to create 2 additional parcels: • Parcel A — 1.31 acre to be developed with Panda __ • Express • Parcel B — 1.12 acre to be developed with undetermined fast-food restaurant • 15-foot Category IV buffer provided along western and southern property lines , • 8-foot-tall wood-look, vinyl privacy fence proposed . along southern property line • Typical Hours of Operation: 9:00 a.m. to 11:00 p.m., ConditionalNew daily (Parcel A: —1.31 acres; Parcel B:—1.12 acres • Dumpster emptied between 8:00 a.m. to 8:00 p.m. VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC 1 25 ITEMS 7 & 8 - VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC • Right-of-way dedication proposed along Newstead Drive to accommodate installation of e right turn lane and new sidewalks e a i 8-foot side path along Nimmo Parkway as recommended by the Active Transportation Plan Parkin proposed restaurant lots g met on Parcel A - 27 parking spaces required; 39 i provided �_ _._..."�'_ _ y► Parcel B - 26 parking spaces required; 26 provided Five bicycle racks provided on each restaurant site VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC 1 26 4ii ITEMS 7 & 8 - VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC • Building design reflects a mix of materials with o a maximum height of 23 feet & 3 inches 0 • Proffer 3 requires other proposed fast-food o q p p o restaurant to use comparable quality of materials and a compatible architectural style �' �� {___ �■ h� - ° Noise analysis conducted by applicant; sound levels well within allowable limits as specified in the City's Noise Ordinance • 1 letter of opposition o © 4 speakers in opposition at the Planning o o Commission hearing; concerns related to _ _ © traffic, rodents, reduced property values, & Ell - , noise VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC 127 ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC City Council: District 9 (Schulman) Location: 928 Diamond Springs Road & 1025 Heatherwood Drive 10 CONDITIONAL REZONING (B-2 Community Business District to Conditional B-4 Mixed Use District) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 28 ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC • Conditional Rezoning request from B-2 Community Business to Conditional B-4 Mixed Use District Seeking to redevelop the site: ®. 365 residential units (27.2 units/acre) ® s w • 243 multi-family units 11111� 0�0�� • 22 townhouse units t _ 20,700 sf of existing commercial shopping center to remain New 26,700 sf commercial/office building proposed ., Parking Study for reduction of parking spaces approved by Zoning Administrator: CONCEPTUAL DEVELOPMENT PLAN RWyd CMESS POINT .0 • 866 spaces required; 676 provided BH CYPRESS POINT MF DEVELOPMENT, LLC 129 'V.,, ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC -sa 15-foot Category IV landscape buffers provided adjacent to residential districts to the north and east Existing mature trees along Diamond �i Springs Road & Wesleyan Drive a �► , proposed to remain '; �010000000 � Additional sidewalk proposed along - - Fallbrook Bend along with internal pedestrian connections a • Deviation to maximum lot coverage requested • 75% maximum; 80.2% shown • Decreases impervious surface by 6.1% over existing conditions BH CYPRESS POINT MF DEVELOPMENT, LLC 130 LP ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC • Majority of the 2 multi-family buildings to be 4 stories, increasing BOYDHOMES"PREto 5 stories at the corners • 70 feet at the tallest point; no i maximum height within the B-4 r. District unless within 100 feet of a residential district ^ w — - Proffer 7: 7% of the units to be allocated as "attainable housing units" for a period of 10 years • Households with annual income not to exceed 100% of the Area Median Income BH CYPRESS POINT MF DEVELOPMENT, LLC 131 V6, ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC BOYD HOMES • 3-story townhouse units proposed adjacent to the residential districts Requesting deviation to the 35- foot maximum height when � k within 100 feet of residential district; 40 feet max height proposed : � • , BH CYPRESS POINT MF DEVELOPMENT, LLC 132 wa ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC :. .HOMES • Proposed commercial/office building to be 3 stories • Active commercial proposed - Y for first floor to include retail and restaurant uses • Office proposed on the upper floors 13 oy CONCEPT ELEVATIONS A-04 BH CYPRESS POINT MF DEVELOPMENT, LLC 133 SIB ITEM 9 - BH CYPRESS POINT MF DEVELOPMENT, LLC HOMESBOYD 20,700 sf of existing commercial shopping center to remain • Improved exterior to match LAP -KR new development 1 individual in opposition, noting concerns about the current condition of the shopping center i 1 speaker in support at the Planning Commission hearing BH CYPRESS POINT MF DEVELOPMENT, LLC 134 ITEM 10 - AMANDA MATTHEWS City Council: District 2 (Henley) Location: 4013 Indian River Road CONDITIONAL USE PERMIT (Child Care Education Center) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 35 ITEM 10 - AMAN DA MATTHEWS • Request for a Conditional Use Permit for a Child Care Education Center within an existing religious facility Proposed hours of operation: 6:00 a.m. to 6:00 p.m., Monday through Friday AMANDA MATTHEWS 36a ITEM 10 AMANDA MATTHEWS 0 Proposing to use a cleared Proposed Playground �) �' S= of building tocreate an \ \ Row of shrubs -- Mobile _ 3 ;, yri outdoor play� , to remain unit 1 � t81t area No exterior - building changes proposed 40 parking spaces required and w provided 0 9 U No known opposition I p3 of 13 AMAN DA ITEM 11 - HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC City Council: District 3 (Berlucchi) Location: 464 S. Independence Boulevard, Suites 104 & 106 s- 1 CONDITIONAL USE PERMIT (Adult Daycare Center) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval ITEM 11 HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC Request for a Conditional Use Permit Daycare Facility within two units in an existing office park Provide support services for up to I individuals, aged . • older • _�.. 1 _ 1..- - 1 • 1 i disabilities No exterior changes proposed to the building •-- - �` � SV2 HOPE, A'E & LOVE HOMEY • VS ITEM 11 - HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC • Hours of operation: • 8:00 a.m. to 4:00 p.m., Monday through Saturday 5 employees anticipated Required parking met on site • No known opposition f Y HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC 140 46 Council:City • • • Street �O ZIT�THHA�F SZ HSS' R5� ,�, � �3' 26THSTyrTH Hp,LF gT ,` 110�'LF SS _ � pTHHALF ST 24THST ZAT H F ST �Rp ST �i 23R0 HAGS y-- YyRDS `F ST n � t �F 22Np HAt � K m A � 20TH ST v f� D S pi p D a ` � �. �gTNST 1,THHAIF�T GH g�v o _ gZNO SS _t V1Syp1NAg� 1bTH 5S -....m ^^ CONDITIONAL PERMIT Rental) Staff Recommends Approval Planning Commission • • 8 to torecommend Approval —. _ I►roi-. d i l�.y l_. — 7sn S • t.cl0B 7lMl A�tlokt St r TH ST TH ST 1 a?p� IS r OR(s7RSOR) �p 7 A 166f i T =STH ST 416 A ild i kldt 0 M m ,) f 1 B I N.l NN �p, H ST SA�1�i1'S11 51l !af 9% .J 3 s 7.741 7 4" 1. �. w P SN All(081 .10 517 7.07 6 wo 406,7 2511 Street Municipall.d • ' • •• •I I• I •I • • • • •N6N4 • 410 Parking Garage =•TI la n 616 w 116.,3H 2m n 7NFt 1 'am 4174 411 A.09 .06 ✓ ATH ST -.../1 • - . 717 N7t A17(l ^ A17(0 R)_ Midt'3a1 = 305,.v w7]ee m N41 am Ni ]16 »0-707 730e]� 1111 aTN Ste.] lt0.101 7]OS-tyt p- 316i AfYfAR) A)S�I 5 4 3psR A""0) '°64 1 _. e67 � 41 »0J07 �(;) I • • • • I • •NM 33"�"' m loz `� • 671�F7 .-.76.16a .1 4 0.t71. .0. ' 6M1 �_ 4 lATH ST '4leiR55fOB1 �t-•1T•,n .07.62 .ol `( M aO ST • • • ' • • SI7J01 S01 �.. z}AO .I7b M7 401 13 24114 w��vS' tti + '�' 614101 SY1.tmr.•I a A1LI('.i� as 4 1 sip A.7701 ,15'413A .H 406 1 04 � r,07 600 �•.^"- He 17 ^"'.rt� , lot. • su A°3(� 505 0.23 Miles '�4,t„ „ - . • 7]h7 5n 9ot } 77Aeid1,6) .eet 7fJR(5[p oRl • • • • • 5t5 5,3 412 7707-A ! 77m{{ T ty430e76 41 467.1 7760 • I • 30 "7 c1. s10 n Roe w7 s0s i'zy>-i z 5] a7 3» 117 • • • • • • • . N16` n 401 1�Hp ST • • t .110 •s snt �..,... ,1 fA7A i 515 51] 5,t �• 770t,2<. .17A .11 77M TN] 77MAA .7e-. 316' % HIO 301 ST tMt a 517 , s 7 y0e so♦�1 ST ' Ilea OR(STR OR) sn oe H 314A Subject Site 1 .178 „a :1 31eA R1R 1 �, ��t .16.1 55��0066 715L0.��461e ITEM 12 - GARTH GILLESPIE 11111ri �1�1ahN No prior complaints, not 11111 1�►111 • w►;tw««., .•; 1 111�1 1111111 11�11� r ! � •,�,: 111► 1 currently advertised, and no �. �j�{11 ••"� � •r�1 � prior rentals t1N�►. ��� *'f , �1� No known opposition Ferm Rentals 6;., GARTH GILLESPIE 43 ITEMS 13 : ONG City Council: District 6 Remick) Location: 927 Pacific Avenue, Unit B & 905 Pacific I OR` LEA 'a 10tH St PL O 12TH gt ,.. m „SN ST i LAKE DR t� ` � OR T 14 ALLEY � RSS O - 10tN 71NEWOOD DR Y C OR T �NORFOIK AVE NS Y mc+ q1 N St A �M1` T� � m ➢ 6tN� iN� _ m �'bRFOLKAVE B y 9 I NRpNN P'� E �NS\i. OR L G►`ROt'MP Av t� CONDITIONAL PERMITS Rental) Staff Recommends Approval Planning Commission 9 to 0 torecommend Approval 9 A • � --d& 0 0 0 - n v � a• :r �' .�a . Parking space 0 for 927 Unit B Parking space for i . � • • • • • • • NORFOL E� 0 905 Unit KAV t A � ar+ Y e,;ta s , ITEMS 13 & 14 - DIANE ONG • 1 parking space required and iN���t rlr�►y provided for each unit � r�lr►.IIN�,��ii� Previous zoning complaints issued for operation without �rr!y�N rii CUP; advertisement changed to Il �'111 �h�! r4 ��► a 30-day rental in order to comply ���i►�+r�i���rr��r�7� No known opposition Short Term Rentals r� DIANE ONG 46 8 ADD ON ITEM#77293 4:36 P.M. City Manager Duhaney advised he would like to have Michael Kirschman — Director, Parks and Recreation,provide an announcement. Mr. Kirschman expressed his appreciation to City Council for their continued support and advised he just received notice from the Commonwealth Transportation Board that the next round of smart scale funding, which included$23.8-Million for Phase 4 of the Virginia Beach (VB) Trail, has been approved and will fully fund the project with no local match required. Mr. Kirschman advised Phase 4 includes the section of the VB Trail from London Bridge Road to Birdneck Road, tying into the trail at the Oceanfront and on to Rudee Loop. Mr. Kirschman explained Phase I is also fully funded and includes a pedestrian bridge over Independence Boulevard just past Town Center, Phase S is built, and staff will jwill submit a grant to fund Phase 3 during the next cycle. Mr.Kirschman expressed his appreciation to staff in Public Works for their work on the grant two(2)years ago and was very impressed to see how highly it was scored. Mayor Dyer expressed his appreciation to Mr. Kirschman for providing the great news. June 24, 2025 9 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#77294 4.39 P.M. Council Member Berlucchi advised the Pride at the Beach event was held on Sunday at Neptune Park with Big Freda as the headliner and was an outstanding day with thousands who came from all over the region. Council Member Berlucchi expressed his appreciation to the organizers; Hampton Road Pride, Director Nancy Helman and her staff from the Convention & Visitors Bureau and Teresa Diaz who has been a decades long champion for LGBTQ inclusion and believes the program is building momentum. Council Member Berlucchi also expressed his appreciation to Council Members Remick and Jackson-Green for attending and to the Sheriff and Police Departments for their support and ensuring everyone felt safe. Council Member Berlucchi shared that he felt goosebumps standing in the park, looking out at the crowd and the pride flags lining the Boardwalk. Council Member Berlucchi reflected on all the people who came before, who could never imagine this event would happen in the City. Council Member Berlucchi credited the community for coming together to make it happen and believes it has positively changed the Citys culture. June 24, 2025 10 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#77295 (Continued) Council Member Jackson-Green advised he will host his second District 7 Town Hall Meeting on Thursday from 6:00—8:00 P.M., at Salem High School in the Auditorium. Council Member Jackson-Green advised there will be several presentations and a special guest. June 24, 2025 11 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#77296 (Continued) Council Member Jackson-Green invited anyone interested in joining him and stafffrom Cultural Affairs at City Park on Saturday at 10.•00 A.M.for the unveiling of incredible artwork which will add new dimension to District 7 June 24, 2025 12 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#77297 (Continued) Council Member Ross-Hammond expressed her appreciation to Council Member Remick and Mayor Dyer who supported the Virginia African American Cultural Center's 4`"Annual Juneteenth event, with Mayor Dyer presenting a Proclamation. June 24, 2025 13 ITEM#77298 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • Atlantic Park • Election System LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Atlantic Park • Branch v. City of Virginia Beach • Holloway v. City of Virginia Beach PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(3). • District 6 PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees June 24, 2025 14 ITEM#77298 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:40 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse and Joashua F. `Joash" Schulman Council Members Absent: Rosemary Wilson Break 4:40 P.M. —5:03 P.M. Closed Session 5:03 P.M. — 6:18 P.M. June 24, 2025 15 CERTIFICATION ITEM#77299 Mayor Dyer RECONVENED the Special Formal Session in the City Council Conference Room at 6:18 P.M. Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson-Green, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse and Joashua F. `Joash" Schulman Council Members Absent: Rosemary Wilson June 24, 2025 04 Li J ep OUR 01'04 s RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#77298 on Page 14 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Am da Barnes, MM City Clerk June 24, 2025 16 ADJOURNMENT ITEM#77300 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSIONADJOURNED at 6.19 P.M. Tem a ius Chief Deputy City Clerk Aman a arnes Robert M. Dyer City C erk,MMC Mayor City of Virginia Beach Virginia June 24, 2025