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HomeMy WebLinkAbout07-08-2025 FORMAL SESSION AGENDACity Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 rcwilson(@VBeov.com 1 757-422-0733 Michael F. Berlucchi, District 3 mberluccC«DVBeov.com 1 757-407-5105 Stacy Cummings, District 8 stcumminssC«DVBeov.com 1 757-629-8691 Barbara M. Henley, District 2 bhenlev@VBeov.com 1 757-426-7501 David Hutcheson, District 1 dhutcheson@VBeov.com 1 757-651-7641 Cal "Cash" Jackson -Green, District 7 ciacksonereenPVBeov.com 1 757-629-8792 Robert W. "Worth" Remick, District 6 wremick(@VBeov.com 1 757-840-5855 Dr. Amelia N. Ross -Hammond, District 4 arosshammond@VBeov.com 1 757-840-0735 Jennifer Rouse, District 10 ivrouse@VBeov.com 1 757-840-1821 Joashua F. "Joash" Schulman, District 9 ischulman@VBeov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com Patrick A. Duhaney City Manager Mark D. Stiles City Attorney Lyndon S. Remias City Auditor City Council Appointees 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 1 Fax: 757-385-5669 City Council Agenda July 8, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM - A. 2026 OCEANFRONT EVENT ANNOUNCEMENT Nancy Heiman, Director — Convention and Visitors Bureau Rick Bratman, President — ASA Entertainment B. 2025 RESIDENT SURVEY RESULTS Jason Morado, Director of Community Research — ETC Institute C. FOCUSED ACTION PLAN REFRESH PROCESS Thepiolus Aspiras, Director — Office of Performance and Accountability D. ITA MASTER PLAN UPDATE Amanda Jarratt, Deputy City Manager Kathy Warren, Director —Planning II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 3:00 P.M. 3:15 P.M. -CITY COUNCIL CONFERENCE ROOM- 3:30 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. MINUTES 1. SPECIAL FORMAL SESSION —June 24, 2025 H. MAYOR'S PRESENTATION 1. RESOLUTION —CLEFT AND CRANIOFACIAL AWARENESS MONTH Jackson Doane I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to DECLARE City -owned property at 302 22"d Street to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to 215Y Street Properties, LLC re the development of the property into a multi -use development project (City Council Request Deferral to August 12, 2025) 2. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase 1, Sections 1B, 1C.2, 1D and 1E Project 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Kempsville Borough Boys Baseball, Inc for City -owned property at 952 Reon Drive re add a 37+/- square foot storage area 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City -owned property at the Virginia Beach Farmers Market, Suite 516 re Princess Anne County Grill 5. Ordinance to AUTHORIZE temporary encroachments into City -owned property known as Bass Inlet and into a 5-foot City -owned drainage and utility easement, located at the side and rear of 320 Back Bay Crescent re maintain two (2) existing timber wharves, concrete boat ramp, gravel driveway, construct and maintain a proposed timber wharf addition, and two (2) timber pile aluminum boat lift DISTRICT 2 f 6. Ordinance to ACCEPT and APPROPRIATE $30,000 from the Virginia Department of Criminal Justice Services to the FY 2025-26 Emergency Medical Services Operating Budget re support first responder wellness 7. Ordinance to APPROPRIATE $3.2-Million from the fund balance of the General Fund and TRANSFER funds as Pay -Go funding to Capital Project #100463, "Virginia Aquarium Rehabilitation and Renewal III" and AUTHORIZE the City Manager to EXECUTE a cost share agreement with the Virginia Aquarium & Marine Science Center Foundation, Inc. re exhibit and facility repairs at the Virginia Aquarium IC�20011L1I►Le] 1. HEARTSILLE REYNOLDS / PORTIA MCGRAW / SHARON MCPHERSON / EDWARD THOMAS / RONALD HAYES/ TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH for a Modification of Conditions re religious use at a portion of 2641 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. KEELINGWOOD APARTMENTS, LLC / KEELINGWOOD APARTMENTS, LLC & SOUTHERN 23, LLC for a Modification of Proffers to a Conditional Change of Zoning re separate the proffers applicable to the original phase development, known as Southern Pine, and the proposed development, known as the Silo at Southern Pine for the parcel directly Northwest of 2641 Princess Anne Road & 2520 Allie Nicole Circle DISTRICT 2 RECOMMENDATION: APPROVAL 3. FRANKLIN GROUP COMPANIES, LLC / HEARTSILLE REYNOLDS / PORTIA MCGRAW / SHARON MCPHERSON / EDWARD THOMAS / RONALD HAYES / TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH & SOUTHERN23 LLC for a Conditional Change of Zoning from A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District re develop and add 24 additional units for a parcel directly Northwest of 2641 Princess Anne Road and a portion of 2641 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH BEACON BAPTIST CHURCH fora Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 (Deferred from June 17, 2025) RECOMMENDATION: STAFF —APPROVAL PLANNING COMMISSION — DENIAL 5. 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 (Deferred from June 17, 2025) RECOMMENDATION: STAFF —APPROVAL PLANNING COMMISSION — DENIAL 6. STARLING BESS ENERGY, LLC for a Street Closure re approximately 29,601 square feet of an improved right-of-way known as Windy Willow Court DISTRICT 2 RECOMMENDATION: APPROVAL 7. STARLING BESS ENERGY, LLC / ARLEEN COHEN / COHEN EXEMPT MARITAL TRUST / WINDY WILLOWS FARMS LC fora Conditional Change of Zoning from R-7.5 Residential District to 1-1 Light Industrial re property located at 1688 Windy Willow Court, parcel directly Southwest of 1688 Windy Willow Court, and parcel directly East of 1688 Windy Willow Court DISTRICT 2 RECOMMENDATION: APPROVAL 8. STARLING BESS ENERGY, LLC / STARLING FARM, LLC / ARLEEN COHEN / COHEN EXEMPT MARITAL TRUST / WINDY WILLOW FARMS LC for a Conditional Use Permit re operate a battery energy storage system DISTRICT 2 RECOMMENDATION: APPROVAL 9. BH CYPRESS POINT MF DEVELOPMENT, LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re redevelop the existing Cypress Point Shopping Center into a mixed -use development to include multi -family dwellings as well as office and retail space at 928 Diamond Springs Road and 1025 Heatherwood Drive DISTRICT 9 RECOMMENDATION: APPROVAL 10. AMANDA MATTHEWS / VILLAGE CHURCH for a Conditional Use Permit re child care education center at 4013 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 11. HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC / HOLLAND OFFICE PARK, LLC for a Conditional Use Permit re adult daycare center at 464 South Independence Boulevard, Suites 104 & 106 DISTRICT 3 RECOMMENDATION: APPROVAL 12. GARTH GILLESPIE / GARTH CHRISTIAN GILLESPIE for a Conditional Use Permit re short term rental at 521 22"d Street DISTRICT 6 RECOMMENDATION: APPROVAL 13. DIANE ONG for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit B & 905 Pacific Avenue, Unit A DISTRICT 5 RECOMMENDATION: L. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMITTEE • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY BUSINESS COUNCIL • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT APPROVAL 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 TCheliusC@vbeov.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 Meeti 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 8, 2025. xON i WON V; I OWN oil I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM - A. 2026 OCEANFRONT EVENT ANNOUNCEMENT Nancy Helman, Director — Convention and Visitors Bureau Rick Bratman, President — ASA Entertainment B. 2025 RESIDENT SURVEY RESULTS Jason Morado, Director of Community Research — ETC Institute C. FOCUSED ACTION PLAN REFRESH PROCESS Thepiolus Aspiras, Director — Office of Performance and Accountability D. ITA MASTER PLAN UPDATE Amanda Jarratt, Deputy City Manager Kathy Warren, Director — Planning II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 12:30 P.M. 1:00 P.M. 1:30 P.M. weIdl" 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM - A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION [c$d1laiiP V. FORMAL SESSION -CITY COUNCIL CHAMBER - A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION CeIIIIIIIIIII► 11►0111 1. SPECIAL FORMAL SESSION —June 24, 2025 6:00 P.M. H. MAYOR'S PRESENTATION RESOLUTION — CLEFT AND CRANIOFACIAL AWARENESS MONTH Jackson Doane I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to DECLARE City -owned property at 302 22,d Street to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to 215t Street Properties, LLC re the development of the property into a multi -use development project (City Council Request Deferral to August 12, 2025) 2. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase 1, Sections 1B, 1C.2, 1D and 1E Project 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Kempsville Borough Boys Baseball, Inc for City -owned property at 952 Reon Drive re add a 37+/- square foot storage area 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City -owned property at the Virginia Beach Farmers Market, Suite 516 re Princess Anne County Grill 5. Ordinance to AUTHORIZE temporary encroachments into City -owned property known as Bass Inlet and into a 5-foot City -owned drainage and utility easement, located at the side and rear of 320 Back Bay Crescent re maintain two (2) existing timber wharves, concrete boat ramp, gravel driveway, construct and maintain a proposed timber wharf addition, and two (2) timber pile aluminum boat lift DISTRICT 2 6. Ordinance to ACCEPT and APPROPRIATE $30,000 from the Virginia Department of Criminal Justice Services to the FY 2025-26 Emergency Medical Services Operating Budget re support first responder wellness 7. Ordinance to APPROPRIATE $3.2-Million from the fund balance of the General Fund and TRANSFER funds as Pay -Go funding to Capital Project #100463, "Virginia Aquarium Rehabilitation and Renewal III" and AUTHORIZE the City Manager to EXECUTE a cost share agreement with the Virginia Aquarium & Marine Science Center Foundation, Inc. re exhibit and facility repairs at the Virginia Aquarium CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located at 302 22"d Street to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into a Purchase Agreement for the Sale of the Property to 21 st Street Properties, LLC PUBLIC HEARING: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: The City of Virginia Beach (the "City") owns property located at 302 22nd Street (GPIN: 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 4,247 sq. ft. building (the "Property"). The Property is currently used by the City for storage and was formerly used as the Princess Anne County Library from 1959-1978 (the "Library"). Seeking possible reuses of the Library or the Property, the City issued RFP #ED-24-01 on January 22, 2024. After evaluating all responsive proposals, staff recommended that 21st Street Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a Virginia corporation; and Lilly II, L.L.C., a Virginia limited liability company (collectively, the "Developer") acquire the Property for redevelopment. The Developer has proposed a plan for the development of the Property into a multi -use development project consisting of multi -family residential, retail, restaurant and structured parking (the "Project"). The City has identified approximately 4,372 sq. ft. of the Developer's property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP-100673) (the "Road Project"). As part of the sale of the Property to the Developer, the Developer has agreed to sell the property needed for the Road Project to the City. The terms and conditions of the sale of the Property are set forth in the Term Sheet attached to the Ordinance as Exhibit A. ■ Considerations: Due to its deteriorated condition, the parties determined that preserving the Library was impractical. However, Developer has agreed to install a plaque on the exterior of the Project describing the Library and its historic significance to Virginia Beach. The City shall be responsible for any soil remediation on the Property due to potential underground storage tanks located on the Property, and the Developer shall be responsible for any building remediation (such as asbestos) to the Library and its demolition. The Library shall not be demolished until the Project has commenced construction and the City shall retain approval rights of the proposed development. ■ Public Information: As required by Section advertised in The Virginian -Pilot on June 22, 2025, Public information will also be provided through process. ■ Recommendations: Approval. 15.2-1800, a public hearing will be and will be held on July 1, 2025. the normal City Council agenda ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Legal Description (Exhibit B), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager�4� 1 AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED AT 302 22ND STREET TO BE IN EXCESS OF 3 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO A PURCHASE AGREEMENT 5 FOR THE SALE OF THE PROPERTY TO 21 ST STREET 6 PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 302 9 22"d Street (GPIN: 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 10 4,247 sq. ft. building (the "Property"); 11 12 WHEREAS, to identify a private party to redevelop the Property, the City issued 13 RFP #ED-24-01 and, after evaluating all responses, determined that 21st Street 14 Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a 15 Virginia corporation; and Lilly ll, L.L.C., a Virginia limited liability company (collectively, 16 the "Developer") presented the best plan for a reuse of the Property; 17 18 WHEREAS, Developer proposes a plan for the development of a multi -use 19 development project consisting of multi -family residential, retail, restaurant and 20 structured parking (the "Project"); 21 22 WHEREAS, the City has identified approximately 4,372 sq. ft. of the Developer's 23 property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP- 24 100673) (the "Road Project"); 25 26 WHEREAS, as part of the sale of the Property to the Developer, the Developer 27 has agreed to sell the property needed for the Road Project to the City; and 28 29 WHEREAS, the terms and conditions of the of the sale of the Property are set 30 forth in the Term Sheet attached hereto as Exhibit A. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA, 34 35 1. That the Property, consisting of approximately 7,000 sq. ft. (0.17+/- acres), 36 more particularly described on Exhibit B attached hereto and incorporated herein, is 37 hereby declared to be in excess of the needs of the City of Virginia Beach. 38 39 2. That the City Manager, or his designee, is hereby authorized to execute 40 any and all documents necessary for the sale of the Property as contemplated herein, 41 so long as the documents are substantially in accordance with the terms set forth on the 42 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 43 other terms, conditions or modifications as may be acceptable to the City Manager and 44 in a form deemed satisfactory by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: City Attorney APPROVED AS TO CONTENT: Econo is Development CAI 6733 \Wbpov.com\dfsllapplcdon6lciliWWcyoom3ZWpd=W01 B\p051\01055469.doa R-1 6/20/2025 2 6/13/25 EXHIBIT A TERM SHEET 302 22°d Street The City of Virginia Beach (the "City") issued its RFP #ED-24-01 for the sale and adaptive reuse of real property owned by the City at 302 221 Street (the "City Parcel"). The City received responses from a development team consisting of 2 1 ' Street Properties, LLC, Lilly Inc. and Lilly II LLC (each a "Developer Party", and collectively, the "Developer"). The Developer, via the various Developer Parties, owns or controls the parcels to the east, west and south of 302 22" d Street (the "Developer Parcels"). As set forth below, the Developer proposes the development of a mixed -use development project on the Developer Parcels and the City Parcel, consisting of multifamily residential condominium, retail, restaurant, and structured parking (the "Project"). To accomplish the Project, Developer offered to purchase the City Parcel on the terms and conditions set forth below. ti 1. Properties (NOTE: All final square footage calculations are subject to a final survey.) a. Cily Parcel: 0.16+/- acre / 7,000 square feet located at 302 22°d Street, Virginia Beach, VA (GPIN: 2427-18-0657). The City Parcel contains an approximately 4,247 square foot building built in 1927 previously used by the City as a branch of its public library system (the "Library Building"). b. Developer Parcels: 2108 Pacific Avenue, 2106 Pacific Avenue, 304, 306 & 308 22°d Street, 305, & 307 21" Street, and l 5' x 180.47' private right-of-way. The City has identified approximately 2,197 square feet of 2108 Pacific Avenue, 1,947 square feet of 2106 Pacific Avenue, and 228 square feet of the private right- of-way as necessary for the City's Pacific Avenue Turn Lane capital project CIP- 100673 (the "Road Project"), for the construction of a new turn lane along Pacific Avenue (the parcels collectively, the "RPP"). As a part of the sale of the City Parcel to Developer, the Developer will sell the RPP to the City as described below. The Developer Parcels, the City Parcel, and the RPP are all shown on Exhibit A, attached hereto. 2. Project Description: The Project will be constructed on the Developer Parcels and the City Parcel. The Developer intends to construct a mixed -use development project generally as described below. The Project will involve the demolition of the existing buildings on the Developer 6/ 13/25 Parcels and the demolition of the Library Building on the City Parcel. The following elements will constitute the Project, with all numbers approximated and subject to refinement: a. 8-story residential tower consisting of 131 multifamily condominium units. b. 4,340 square feet of restaurant and 4,000 square feet of retail on the first floor of the Project. c. 4-story parking structure with 258 spaces. The restaurant, retail and residential will largely wrap the parking. d. All elements of the Project will be privately owned and operated. The anticipated private investment in the Project is between $96-$100 million. 3. Terms of Sale of City Parcel: The parties will enter into a sales agreement (the "Sales Agreement") whereby the City will sell the City Parcel to the Developer (or an affiliate) and the Developer will sell the RPP to the City on the below terms: a. The parties agree that the City Property is valued at $75.00 per square foot and the RPP is valued at $105.00 per square foot. (Estimate 7,000 sf x $75.00 = $525,000) b. The Parties intend to exchange the City Property for the RPP with consideration being paid based on the difference in value (if any) based on final square footages exchanged (taking into account the different valuations), plus the value of any easements required by the City on the Developer Parcels necessary for the completion of the Road Project, with such value calculated as a percentage of the $105.00 per square foot fee value as agreed, subject to final survey and plat development. (Estimate 4,372 sf x $105.000 = $459,060) c. Environmental Conditions. If prior to Closing (defined below) any environmental issues are discovered on either the City Property or the RPP, the City (in the case of the City Property), or the applicable Developer Party (in the case of the RPP) may elect to remediate the issue, or terminate the Purchase Agreement. Notwithstanding the foregoing, (i) the City shall be responsible for the cost associated with the removal of potential underground storage tank(s) located on the City Property, and (ii) Developer shall be responsible for the cost of any building remediation (such as asbestos) associated with the demolition of the Library Building. 6/13/25 d. The closing shall occur as follows: If the City Conditions and Developer Conditions as set forth in Section (e) below have been satisfied or waived within 12 months of the date of the Sales Agreement, the parties shall exchange the City Property for the RPP with a cash payment from the Developer to the City to offset the difference in value of property received by the City (the "Closing") (Estimate $65,940). The Closing will involve three separate transactions, to occur simultaneously, between the City and the applicable Developer Party holding title to the RPP being acquired by the City. e. After execution of the Sales Agreement and prior to Closing, each party shall have the right to enter onto the property it is to acquire from the other party to perform such tests, examinations and other due diligence as such party deems necessary. In the event Closing does not occur and the Sales Agreement is terminated, any damage caused by one party to the property of another caused by the actions contemplated by this section shall be repaired by the party who caused the damage. f. Prior to Closing, the City agrees to join as landowner any applications necessary to allow the Developer to achieve site plan approval or discretionary approvals from Planning Commission and City Council, if needed. g. Conditions to Closing City Conditions: The City shall not be required to proceed to Closing unless the following are satisfied or waived by the City: i. City has approved the Project as generally consistent with what is set forth above; and i, Developer has obtained conditional site plan approval from the City's Development Services Center for the Project; and iii. The Developer has provided the City with reasonable evidence of Developer's receipt of financing sufficient to complete the Project. Developer Conditions: The Developer shall not be required to proceed to Closing unless the following are satisfied or waived by Developer. i. Developer has determined the City Parcel is suitable for the development of the Project; and 3 6/13/25 ii. The Developer has obtained closure of the alley running East and West from Pacific Ave. to Arctic Ave. h. Outside Closing Date. If the Closing has not occurred within 12 months of the date of the Sales Agreement, either party may (i) elect to proceed with terminate the agreement on 60 days' notice to the other. i. Construction Commencement. After the Closing, Developer shall commence construction of the Project within 12 months. Construction shall be deemed to have commenced when construction activity has begun at the Project pursuant to valid permits. j. Preservation of Library Building. After Closing, Developer shall not begin the removal, substantial alteration, or demolition of the Library Building unless and until it is ready to commence construction of the Project (the "Demolition Condition"). All demolition costs shall be the responsibility of the Developer. Developer will not be required to repair or replace any elements of the Library Building, but will be responsible for preventing waste and for securing the structure to prevent unauthorized access to the Library Building. The parties agree that while the Library Building will not be preserved, the Developer will place a plaque in a visible portion of the Project dedicated to the Library Building and its historic significance in Virginia Beach. k. Interim uses. Prior to Closing, the parties may continue to use their respective properties (the City Parcel and the RPP) as they deem appropriate so long as such use does not cause waste or serve to frustrate the purposes set forth in this Term Sheet. 1. Material change in scope. Should, after Closing, the elements of the Project materially change downward (meaning should any element of the Project be reduced by more than 15%), the City shall have the right to approve the elements and scope of the revised Project prior to commencement of demolition of the Library Building. 4. Next Steps a. Public Briefing of Term Sheet. b. Public Hearing and Public Comment on proposed sale. c. City Council vote on Term Sheet and authorize development and execution of sale documents. 4 6/13/25 EXHIBIT A Developer Parcels City Parcel mmmmmili� 5 N EXHIBIT B LEGAL DESCRIPTION (302 22ND STREET / GPIN: 2427-18-0657) ALL THAT certain lot, piece or parcel of land, with the buildings and improvement thereon, and the rights, privileges and appurtenances thereto belonging, situate, lying and being in the Borough of Virginia Beach, in the City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot number Four (4), in Block number Fifty (50), on Map No. Two (2), of part of the property of the Virginia Beach Development Company, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Bach, Virginia, in Map Book 1, at page 20, to which plat reference is made for a more particular description. LOCATION MAP O ^' � � _ pCIFIC AV E r elurnI ane u even P 372sa.it) PpCTFIC p,4E 4r' pacific N tect prope prorty l T N A N O 000 sa. n s City Parcel l7 C M r+ n o 0 0o cn x �+ M O • •• • tp • • • • V1 • r •• V4 O Disclosure Statement q:g 01 ktrgbuo Bemf. Planning & Community Development L The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name 21 st Street Properties, LLC Does the applicant have a representative? ■ Yes ❑ NO • If yes, list the name of the representative. Charlie Pincus Is the applicant a corporation, partnership, firm, business, trust or an unincorporated business? i Yes ❑ NO • If yes, list the names of all officers, directors, members, trustees, etc. below. (Attach a list if necessary) Tony Schmidt • If yes, list the businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant. (Attach a list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Revised 11 09,2020 1 1 P a g e Disclosure Statement City of 1'iryinni Bwd Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes M NO • If yes, what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing (mortgage, deeds of trust, cross -col lateral ization, etc) or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes, identify the financial institutions providing the service. 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes, identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO if yes, Identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes, identify the firm and individual providing the service. Cox, Kliewer, & Company: Grey Mason 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes E NO • If yes, identify the purchaser and purchaser's service providers. Revised 11.09 2020 2 1 P a S c Disclosure Statement VB (sty of l Onia &xh Planning & Community _ Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes, identify the company and individual providing the service. S.B. Ballard 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes, identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO If yes, identify the firm and individual providing the service. Pincus Goodman P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. AppIicgot-Signatures Tony Schmidt Print Name and Title Tony Schmidt, President/Owner Date ThgIdOay Is the applicant also the owner of the subject property? ❑ Yes ® NO • If yes, you do not need to fill out the owner disclosure statement. Revised 11.09 2020 3 1 P a g 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. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Lilly Incorporated of Virginia, Inc. and Lilly, II, LLC Does the applicant have a representative? E Yes ❑ NO • If yes, list the name of the representative. Morris H. Fine Is the applicant a corporation, partnership, firm, business, trust or an unincorporated business? 0 Yes ❑ No • If yes, list the names of all officers, directors, members, trustees, etc. below. (Attach a list if necessary) See attached. • If yes, list the businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant. (Attach a list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (h) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Revised 11.09.2020 11 P a g e Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes, what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing (mortgage, deeds of trust, cross-collateralization, etc) or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes, identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No If yes, identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes, identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes i NO • If yes, identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E NO • If yes, identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E NO • If yes, identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes, identify the firm and individual providing the service. Morris H. Fine of Fine, Fine, Legum McCracken, LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board i or any public body or, comm e n connection ith this application. Apo lcarltSlg6bture Michael LaGiglia, Jr. Print Name and Title President and Manager Date 3 �� Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes, you do not need to fill out the owner disclosure statement. Revised 11.09.2020 3 1 P a g e LILLY INCORPORATED OF VIRGINIA, INC. Officers/Directors Michael A. LaGiglia, Jr. Mary L. Bryan Michael A. LaGiglia, III Stockholders: Michael A. LaGiglia, Jr. Robert E. Upton, III, Trustee Paula L. Upton Estate of Camilla Worrell -Metzger LILLY, II, LLC President Secretary/Treasurer Vice President Michael A. LaGiglia, Jr., Sole Member and Manager CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of permanent and temporary easements for the Eastern Shore Drive Drainage Improvements Phase 1, Sections 113, 1 C.2, 1 D, and 1 E Project (CIPs 100150, 100153, 100167 and 100538), either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: On December 3, 2024, Council adopted Ordinance ORD-3789X (the "2024 Ordinance") approving the major design features and authorizing the acquisition of easements by agreement or condemnation for the Eastern Shore Drive Drainage Improvements Phase I, Sections 113 (CIP 100167 - Lynnhaven Colony Park Pump Station),1 C.2 (CIP 100153 - Cape Henry Canal Phase II), 1 D (CIP 100150 - Lynnhaven Drive Pump Station) and 1 E (CIP 100538 - Elevate Lynnhaven Drive) Project (collectively, the "Project"), for the construction of two new stormwater pumping stations, the widening and deepening of the Cape Henry Canal and raising a portion of West Great Neck Road. Since the 2024 Ordinance was adopted, Public Works has made various design changes to the Project along Cape Henry Drive including: relocation of public and private utilities, and sizes of easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The Project will require revisions to two temporary construction easements for two privately owned parcels previously documented in the 2024 Ordinance, that will be needed for Sections 1 B (CIP 100167 - Lynnhaven Colony Park Pump Station) and 1C.2 (CIP 100153 - Cape Henry Canal Phase II). No residences or businesses are anticipated to be displaced by the Project. The major design features of the Project, as approved in the 2024 Ordinance, have not changed. ■ Public Information: An advertised public hearing will be held on July 1, 2025, and public notice will be provided via the normal Council agenda process. A previous hearing for the 2024 Ordinance occurred on November 19, 2024. ■ Alternatives: Deny the Ordinance and risk delaying the Project ■ Recommendations: Approval. ■ Attachments: Ordinance ORD-3789X and Location Map Recommended Action: Approval Is*, — Submitting Department/Agency: Public Works/Engineering & Public Works Real Estate City Manager: 0) 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE 4 EASTERN SHORE DRIVE DRAINAGE 5 IMPROVEMENTS PHASE 1, SECTIONS 1 B, 6 1 C.2, 1 D, AND 1 E PROJECT (CIPS 100150, 7 100153, 100167 AND 100538), EITHER BY 8 AGREEMENT OR CONDEMNATION, 9 REFLECTING AREAS CHANGED SINCE 10 PREVIOUS AUTHORITY WAS GRANTED 11 12 WHEREAS, the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 13 1 C.2, 1 D, and 1 E Project, CIPs 100150, 100153, 100167, 100538 (collectively, the 14 "Project") is for the construction of two new stormwater pumping stations, the widening and 15 deepening of the Cape Henry Canal and raising a portion of West Great Neck Road; 16 17 WHEREAS, the Project is designed to improve stormwater management within the 18 Lynnhaven Colony neighborhood and relieve widespread flooding of roads and properties. 19 The Project will provide protection by stopping overland surface tidal waters and rainwater 20 from flooding the low-lying areas by creating a topographical berm at or above the base 21 flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, 22 and after moderate to severe rain events; 23 24 WHEREAS, the Project work will mainly be within the existing right-of-way; however, 25 to ensure proper grading and smooth transitions to the adjacent private properties, 26 permanent and temporary easements have been identified along 16 parcels within the 27 Project boundary, which have been determined by the Department of Engineering to be the 28 optimal location for the construction of drainage improvements; 29 30 WHEREAS, on December 3, 2024, Council adopted Ordinance 3789X approving the 31 major design features and authorizing the acquisition of easements by agreement or 32 condemnation for the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B 33 (CIP 100167 - Lynnhaven Colony Park Pump Station),1C.2 (CIP 100153 - Cape Henry 34 Canal Phase II), 1 D (CIP 100150 - Lynnhaven Drive Pump Station) and 1 E (CIP 100538 - 35 Elevate Lynnhaven Drive) Project (collectively, the "Project"); 36 37 WHEREAS, due to Project design changes since Ordinance 3789X was adopted, it 38 is necessary to amend the City Council's authorization to acquire permanent and temporary 39 easements that will affect Sections 1 B (CIP 100167 - Lynnhaven Colony Park Pump 40 Station) and 1C.2 (CIP 100153 - Cape Henry Canal Phase II); 41 42 WHEREAS, the major design features of the Project, as previously approved have 43 not changed; and 44 45 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 46 public necessity exists for the construction of this important Project to provide flood 47 protection to the surrounding area, for the purpose of addressing frequent flooding of 48 streets and highways and public and private infrastructure, to improve transportation during 49 rain and flood events, and for the preservation of the safety, health, peace, good order, 5o comfort and convenience and for the welfare of the people in the City of Virginia Beach. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA: 54 55 Section 1. That the City Council authorizes the acquisition by purchase or 56 condemnation pursuant to Sections 15.2-1901, et seq.; 15.2-2109 and 15.2-970, and Title 57 25.1 of the Code of Virginia of 1950, as amended, of all those certain permanent and 58 temporary easements (the "Property"), as shown on the Project plans entitled "EASTERN 59 SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167, & 100538 PWCN- 60 25-0002," and more particularly described on the acquisition plats for the Project (plats and 61 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 62 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 63 64 Section 2. That the City Manager is hereby authorized to make or cause to be made 65 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 66 offer to the owners or persons having an interest in the Property. If refused, the City 67 Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings to 68 condemn said Property. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 71 .2025. CA16725 R-1 5/14/25 \\vbgov.com\dfsl \application s\citylaw\cycom32\wpdocs\d014\p052\01047450.doc APPROVED AS TO CONTENT J�BiL16 IfA APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 1ORD - 3789X 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE 4 EASTERN SHORE DRIVE DRAINAGE 5 IMPROVEMENTS PHASE 1, SECTIONS 1B, 6 1 C.2, 1 D, AND 1 E PROJECT (CIPS 100150, 7 100153, 100167 AND 100538), EITHER BY 8 AGREEMENT OR CONDEMNATION to WHEREAS, the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 11 1 C.2, 1 D, and 1 E Project, CIPs 100150, 100153, 100167, 100538 (collectively, the 12 "Project') is for the construction of two new stormwater pumping stations, the widening and 13 deepening of the Cape Henry Canal and raising a portion of West Great Neck Road; 14 15 WHEREAS, the Project is designed to improve stormwater management within the 16 Lynnhaven Colony neighborhood and relieve widespread flooding of roads and properties. 17 The Project will provide protection by stopping overland surface tidal waters and rainwater 19 from flooding the low-lying areas by creating a topographical berm at or above the base 19 flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, 20 and after moderate to severe rain events; 21 22 WHEREAS, the Project work will mainly be within the existing right-of-way; however, 23 to ensure proper grading and smooth transitions to the adjacent private properties, 24 permanent and temporary easements have been identified along 17 parcels within the 25 Project boundary, which have been determined by the Department of Engineering to be the 26 optimal location for the construction of drainage improvements; and 27 28 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 29 public necessity exists for the construction of this important Project to provide flood 30 protection to the surrounding area, for the purpose of addressing frequent flooding of 31 streets and highways and public and private infrastructure, to improve transportation during 32 rain and flood events, and for the preservation of the safety, health, peace, good order, 33 comfort and convenience and for the welfare of the people in the City of Virginia Beach. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 Section 1. That the City Council authorizes the acquisition by purchase or 39 condemnation pursuant to Sections 15.2-1901, et seq.; 15.2-2109 and 15.2-970, and Title 40 25.1 of the Code of Virginia of 1950, as amended, of all those certain permanent and 41 temporary easements (the "Property"), as shown on the Project plans entitled "EASTERN 42 SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167, & 100538 PWCN- 43 25-0002," and more particularly described on the acquisition plats for the Project (plats and 44 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 45 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 46 Section 2. That the City Manager is hereby authorized to make or cause to be made 47 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 48 offer to the owners or persons having an interest in the Property. If refused, if the property 49 owners are unable to convey clear title, or if the owners cannot be identified or located, the 50 City Attomey is hereby authorized to initiate, prosecute, and settle or resolve proceedings 51 to condemn to acquire title to the Property. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the'` day of 54 ]k g� �)—m)(-- , 2024. CA16586 R-1 10/31 /2024 \\vbgov, comWfs1\applications\citylaw\cycom321wpdocs1d022\p058\01000783.doc APPROVED AS TO CONTENT 1 BO , S/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY CI ATTORNEY �SIlk * p .�•a.. �l�11 .�. ERCT` 3 `�rCQ� W E �.r+�+�VJW`IER�^ SP�NtJAK_, �. - •! ,t^ �,� �GttdXrQ�:'f'! - �NSH`RF '.��;�� �,: � -.p?'K'� CSL�,•' '! .� "'.: •�s�%� ' - e.�.. �`'R�e vN�� ;; �� SECTION 1C.2-CAPE HENRY CANAL PHASE II . .\ `�,,�t,,,N m� ,• _ +�• 1• �� Z �i''T' `, � .� �,,,,, � •. Ova �`'+.� - •-•� .�''+`- * Fokv- 9�sS r' .��C, m �1►f1 ��y' 1ori'�m� �,►�9/�'L.��i0 ►:�U' j f ,t• 2, a • ; 1• . 1 7a i p 41 - s t O J^\� PUMP STATION -SECTION 16 . ?',,,na�+e•,'' G�ENE��Rdko:•:�+��'�"`y • `�,,,. m I'; CjZ<9 j\ EVEN �'.+�!"`.� �� i� �� tY t ♦ 15 ! • F �= ♦ ��! y'� ^—SUMMERHAVENRD �{- 'V SEER �JA.1 - '� �' y. d .4s�u►6 k DR •� �eR r� w �1� `, {1l R�) r�� 0+�n�Ql SM INS V 1�• + ~1 �. �,. � 1` � �� G �yR` . jZR`R�S�""y;rc�`P a �o�� jia�..a- �� :r'�' " SEE INSERT A ' liar. r PUMP STATION - SECTION 1B '1 ESSUA ��, _ SEE INSERT B PUMP STATION - SECTION 1B rn BASIN" � 1 + CINSERT A INSERT, Tii?i . �'.�. � �..:■�/ �': ' I .� �� SCALE: 1" - 50SCALE: 1. - 50. k s . ''DOLPHIN RD�'� BASIN RD•� " , �,, 1 . SECTION IC.2 - CAPE HENRY CANAL PHASE 1: PUMP STATION - SECTION 1 B OUTFALL OVA IVIA10E HEt'IR INSERT C �r * GNP SCALE: 1" - 100' Legend a. Q Project Area Phase 1 -Section 1 � �Ft+DGf o LOCATION MAP Temporary Construction Easement �� + ENDRO.m �� 1i EASTERN SHORE DRAINAGE IMPROVEMENTS Revisions This Ordinance Z �"� SECTION 1 B - CIP 100167 - LYNNHAVEN COLONY PARK PUMP STATION Public Drainage Easement - Previously SECTION 1 C.2 - CIP 100153 - CAPE HENRY CANAL PHASE II Coordinated Via Ordinance 3789V 0 600 1,200 N► (FEMA BRIC GRANT EMP-2021-BRIC-051-0010) City Property Feet (CIP'S 100167 AND 100153) +IH Iril � its It 1 11° • •� �► 'X\ •� , - � . � �,� � ,,�� ��_,�� ram_ , ��� _ �C��d:.Dw © t � , Q , �, Lr '� E-J W'1'J aid GREW Ir—"W-w ,\ `�� �+ail I► �Q � ~��wv "f r' '"r • SECTIONMe PUMP STATION INS,,B OUTFALLTwki LOCATION MAP %.*, ProjectLegend :« • / Temporary• • •1 r SHORE DRAINAGE IMPROVEMENTS RevisionsOrdinance •S ��SECTION 1 B - CIP 100167• • • r3Pubfic Drainage Easement - Previously SECTION 1C.2 - CIP 100153 - CAPE HENRY CANAL PHASE 11 --- = J (FEMA BRIC 1 1 11 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing the City Manager to Execute an Amendment to the Lease Between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc. PUBLIC HEARING: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: On August 15, 2023, by Ordinance ORD-3749DD, City Council authorized the lease agreement between the City of Virginia Beach (the "City") and Kempsville Borough Boys Baseball, Inc., a Virginia non -stock corporation ("KBBB") for a 6.25-acre portion of City property located at 952 Reon Drive (Part of GPIN 1456-63-8279) (the "Premises") for community youth Little League operations. The City and KBBB entered into a lease dated September 1, 2023 (the "Lease"). The term of the Lease is one year, with 4 additional one-year renewal options. The Lease will terminate no later than August 31, 2028. KBBB has requested that a 37+/- sq. ft. storage area attached to the concessions building, formerly used for vending machines (the "Storage Space"), be added to the Premises. The Storage Space would be used for storage of paper products and other non-perishable items. City staff has no objection to amending the Lease to add the Storage Space to the Premises and continues to support the community's youth Little League operations. ■ Considerations: City staff recommends amending the Lease to add the Storage Space to the Premises. KBBB will accept full responsibility and hold the City harmless for any loss or damage to the contents of the Storage Space. All other terms, conditions and obligations of the Lease shall remain the same. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian -Pilot on June 22, 2025, and will be held on July 1, 2025. Public information will also be provided through the normal City Council agenda process. ■ Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or modify the Ordinance as desired by Council. ■ Attachments: Ordinance, Pictures of Storage Space, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Dept. of Parks and Recreation 4�/Z' City Manager: 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 27 28 29 30 31 32 33 34 35 36 37 38 39 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE BETWEEN THE CITY OF VIRGINIA BEACH AND KEMPSVILLE BOROUGH BOYS BASEBALL, INC WHEREAS, on August 15, 2023, by Ordinance ORD-3749DD, City Council authorized the lease agreement between the City of Virginia Beach (the "City") and Kempsville Borough Boys Baseball, Inc., a Virginia non -stock corporation ("KBBB") for a 6.25-acre portion of City property located at 952 Reon Drive (Part of GPIN 1456-63- 8279) (the "Premises") for community youth Little League operations; WHEREAS, the City and KBBB entered into a lease dated September 1, 2023 (the "Lease"), with a term of one year, with 4 additional one-year renewal options, expiring no later than August 31, 2028; WHEREAS, KBBB has requested that the Premises be amended to add a 37+/- sq. ft. storage area to the Premises, for the storage of paper products and other non- perishable items; and WHEREAS, City staff has no objection to modifying the Premises to add the Storage Space and recommends amending the Lease as set forth herein, with all other terms, conditions and obligations of the parties set forth in the Lease remaining the same. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager, or his authorized designee, is hereby authorized to execute an amendment to the Lease between the City and KBBB to modify the Premises as described herein, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 2. Except for the modification described herein, all terms, conditions and obligations of the parties set forth in the Lease shall remain unchanged and in full force and effect. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CAI 6722 l\vbg ov.00mWfs 1 \spo icationalc"aw�c ycom321wpd wAW 0081p052NA 1053337. doc R-1 June 20, 2025 APPROVED AS TO CONTENT De t. of Parks & Recreation Storage Space (Approx. 37 Sq. Ft.) t � v wool 1iLA. -Ali L LOCATION MAP In-m--mm 'qq� ht WIN Kempsville Borough Boys Baseball, Inc. Lease Property Exhibit (6.25 Acres) Portion of Providence Park 952 Reon Drive, Virginia Beach, VA GPIN: 1456-63-8279 0 50 100 200 Legend Lease Property Property Lines Feet 300 i 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. .. 11111L4LLIt>iPhlii V LTAY—All 0010l Applicant Name: as listed on application John Shipp (Kempsville PONY Baseball) 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 No(F) If yes, name Representative: Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoe 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 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 No(F) 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 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 G) Disclosure Statement I rev. M a y -2024 page 1 of 3 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner 0 O Construction Contractor 0 G) Engineer/Surveyor/Agent 0 E) Legal Services 0 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. SHI PP. JOHN. RUSS Digitally signed by John Shipp ELL.1043342017 Date 2025 6101122410-0400' 06/10/2025 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. 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): Staff Name (Print) Staff Signature Date Disclosure Statement i rev. M a y -2024 page 2 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Princess Anne County Grill for City -Owned Property Known as Suite 516 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: July 1, 2025 MEETING DATE: July 8, 2025 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals ("RFP") for the restaurant located in Suite 516 at the Virginia Beach Farmers Market, which consists of approximately 1,038 sq. ft. of space (the "Premises") and received three responses. Princess Anne County Grill ("PA Grill"), one of the respondents to the RFP, previously leased the Premises for over twenty years prior to the location being closed for renovations performed by the City. PA Grill now desires to enter into a new lease agreement with the City. An RFP committee evaluated all the responses to the RFP and recommends that a new lease be awarded to PA Grill. PA Grill would utilize the Premises for a restaurant, and for no other purpose. ■ Considerations: The initial term of the Lease is for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. ■ Public Information: A public hearing was advertised on June 22, 2025 in The Virginian -Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate 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 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH PRINCESS ANNE COUNTY GRILL FOR CITY -OWNED PROPERTY KNOWN AS SUITE 516 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, the City issued a Request for Proposals for the restaurant located in Suite 516 at the Farmers Market, which consists of approximately 1,038 sq. ft. of space (the "Premises") and received three submittals; WHEREAS, the City's RFP Committee evaluated all three submittals and recommends awarding the lease to Princess Anne County Grill ("PA Grill"), who previously leased the Premises; WHEREAS, the Premises will be utilized for the purposes of a restaurant offering freshly prepared meals made onsite using local produce when available, and for no other purpose; and WHEREAS, PA Grill has agreed to pay the City rent in the amount of $1,750 per month for the first year of the lease term ($21,000.00 annualized), with a five percent (5%) annual rent escalation beginning August 1, 2026 and each year thereafter. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for up to 5 years between Princess Anne Grill and the City for the Premises, in accordance with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ��Ql; City Attorney CA16431 \\vbgov.com\dfs 1 \applications\citylaw\cycom32\wpdocs\d018\p051 \01055377.doc R-1 June 20, 2025 APPROVED AS TO CONTENT bli Works / eaI Estate EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Princess Anne County Grill PREMISES: Suite 516, consisting of 1,038+/- square feet TERM: August 1, 2025 through July 31, 2028, with two (2) additional one-year renewal options RENT: $1,750.00 per month for *November 1, 2025 through July 31, 2026 ($21,000.00 annualized), with five percent (5%) annual escalation beginning August 1, 2026 and each year thereafter ('Rent will be abated through October 31, 2025 or until such time as the Lessee receives all applicable licenses, permits, and opens for business, whichever first occurs. Abatement is conditional on Lessee's good faith start-up expenditures and a timely opening of the restaurant on or before November 1, 2025.) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for a restaurant, and for no other purpose. • Maintain the Premises in good condition and repair, including its electrical system, so that all is clean, operational, and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. • Right to inspect the Premises without notice for emergency, health, building, and/or safety inspections. TERMINATION: • City may immediately terminate upon Lessee's breach of any Lease provision and failure to cure within ten (10) calendar days. • City may immediately terminate upon an emergency or upon Lessee's repeated breach (two or more of the same nature) of any Lease provision. • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) calendar days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) calendar days' advanced written notice to the City. City of Virginia Beach Farmers Market 3640 Dam Neck Road LOCATION MAP Virginia Beach, VA 23453 757-385-4388 FAX: 368-5249 r------ � ►tarter ' Gardeners ❑ New Kitchen ' t Gorden LJ F Oda. 8 F // Space / Open C�wbr 23 21 26 Space --� / i 36 1 37 Ae / 20 18 18 17 18.t 18 11 1J 12 11 110198 . 7 8 8/ �I •+ \\ aDVvx 9pt sp�ac E.tee t / Cs /0 7 6 6 1 3 1BldgC{ ftam8jit-JL- / / Ave Is to x 1 r'Y 9 10 11 12 13 11 18 18 17Nil 6� � •, Rest urant from_ N .o 2 r—1 speakers y F M y Dam Neck Road The disclosures contained in this form are necessary to inform public officials who may vote an 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 �1�!- V LC-53 WNW C�J Ti/ �paC Ncr Is Applicant also the Owner of the subject property? Yese Hoc) If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yeso No(D If yes, name Representative: Is Applicant a corporation, partnership, firm business, bust or 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.) �R�3 �9-1t : SCOT WtPAI - Does the subject property have a proposed or pending purchaser! )fes()Nn14r 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 inte at srfjectiandorarty proposed development contingent on the subject public actiort? 'teslto 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 Financing (mortgage, deeds of trust, O spy cross-collateralization, etc.) ICY Real Estate Broker/Agent/Realtor SERVICE PROVIDER (Name entity and/or individual) Disclosure Statement I rev. M a y -2024 page 1 of 3 SERVICE Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Services YES NO � w • SERVICE PROVIDER (Name entity and/or individual) APPLICANT CERTIFICATION READ: I certify that al/ 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. a 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. 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 shore 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): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y -2024 page 2 of 3 ` 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City -owned property known as Bass Inlet and into a 5' City -owned drainage and utility easement, located at the side and rear of 320 Back Bay Crescent. MEETING DATE: July 8, 2025 ■ Background: John Richard Rudis and Brooke Spain Rudis (collectively the "Applicant"), request permission to maintain two (2) existing timber wharves, a concrete boat ramp and a gravel driveway, and to construct and maintain a proposed timber wharf addition and a two (2) timber pile aluminum boat lift (collectively, the "Temporary Encroachment") into City -owned property known as Bass Inlet and into a 5' City -owned drainage and utility easement, located at the side and rear of 320 Back Bay Crescent (GPIN 2433-32-0464). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. This application includes two sections of timber wharves whose total covers more than 50% of the linear waterfront footage, which does not meet the requirements for administrative approval in the Sandbridge waterways. There are similar encroachments into Bass Inlet and the 5' City -owned drainage and utility easement, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval 44N Submitting Department/Agency: Public Works / Real Estate City Manager:�w 1 Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY -OWNED PROPERTY KNOWN AS 6 BASS INLET AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE SIDE 9 AND REAR OF 320 BACK BAY 10 CRESCENT. 11 12 WHEREAS, John Richard Rudis and Brooke Spain Rudis (collectively the 13 "Applicant"), request permission to maintain two (2) existing variable width timber wharves, 14 a concrete boat ramp and a gravel driveway, and to construct and maintain a timber wharf 15 addition and a two (2) timber pile aluminum boat lift, (collectively, the "Temporary 16 Encroachment") into a portion of City -owned property known as Bass Inlet and into a 5' 17 City -owned drainage and utility easement, located at the side and rear of 320 Back Bay 18 Crescent (GPIN 2433-32-0464); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property and easements subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 30 assigns and successors in title are authorized to construct and maintain the Temporary 31 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 32 REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL 33 DRIVEWAY AND A PROPOSED TIMBER WHARF ADDITION, & PROPOSED TWO PILE 34 ALUMINUM BOAT LIFT FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY 35 CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, M.B.67, PG. 45," Scale: 1" _ 36 40', dated: October 23, 2024, prepared by: Stone Green Consulting, LLC, a copy of which 37 is attached hereto as Exhibit "A" and on file in the Department of Public Works and to which 38 reference is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 41 subject to those terms, conditions and criteria contained in the agreement between the City 42 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 46 47 48 49 50 51 52 53 54 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as the Applicants and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 20_. CA16720 R-3 Prepared: 6/10/25 APPROVED AS TO CONTENT: A .. Lln -0') �Jbbt WO , REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM: A ft.HARMEYER DEPUTY CITY ATTORNEY a RUDIS ENCROACHMENT EXHIBIT LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F. CABRAL RLT CITY OF VIRGINIA BEACH GPIN: 2433-22-9549 GPIN: 2433-33-0267 INST: 20170504000372240 M.B. 103, PG. 25 M.B. 67, PG. 45 M.B. 67 PG. 45 EXISTING MHW N 67'41'00' E 8000 CONDITIONS 14.2'WHARF TO PL 17.9' WHARF WIDTH MLW CANAL OF MILL POND —F L00 MMS1i D(2EB6- 66.4' TOTAL WIDTH 12.9' 38.5' WHARF WIDTH 0 U i l Z � E TIMBER W Q x d = u / WHARF 3z i a cr / b00 / $, EX. CONCRETE BOATRAMP Wm� EX TIMBER WHARF EXISTING DIMENSIONS 1"= 40' / LOT 66 LOT 65 NOW OR FORMERLY NOW OR FORMERLY JOHN R. & BROOKE S. RUDIS LIA F. CABRAL RLT GPIN: 2433-32-0464 GPIN: 2433-22-9452 ? 1NST:202403030411 INST: 20170504000372180 i M.B. 67, PG. 45 M.B. 67, PG. 45 �J LOT 67 NOW OR FORMERLY PRESTIGE WORLDWIDE PROPERTY MANAGEMENT LLC GPIN: 2433-32-1459 INST:202203062663 M.B. 67, PG. 45 �LTH OF o ?� (' SEM E. GREEN Lic. No. 0402064005 /ONAI E 2.8' 14 / I 5SIDE AND REAR EASEMENT GRANTED TO i I � gittaal y signedWC byn,Green CITY OF VIRGINIA BEACH / / EX GRAVEL ' FOR DRAINAGE AND / DRIVEWAY I� E=stonegreen onsulting@gmail.core UTILITIES PER M.B 67, PG. 45 / 1 G=Sean, SN=Green, C=US PF i S 67'41'00' W 132.15 1 t F Date: 2025.05.28 21:00:17-04'00' --------- '- --------_------_—__ -- -- 485' TO SAND BEND RD BACK BAY CRESCENT 50' RIGHT-OF-WAY M.B. 67, PG. 45 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. , 0 40 80 SCALE: 1" = 40' ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD #1015, AKRON, OH 44333 (330) 400-3811 COA: 0407008328 EXHIBIT'A -ENCROACHMENT REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL DRIVEWAY AND A PROPOSED TIMBER WHARF ADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, M.B. 67, PG. 4S OCTOBER 23, 2024 SHEET 1OF 2 RUDIS ENCROACHMENT EXHIBIT ---------- ^, LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F. CABRAL RLT CITY OF VIRGINIA BEACH GPIN: 2433-22-9549 GPIN: 2433-33-0267 F INST: 20170504000372240 M.B. 103, PG. 25 s M.B. 67, PG. 45 ........... _-_ M.B. 67 PG.45 r PROPOSED CANAL OF MILL POND MHW MLW �FLOO N 67*41'00' E PROPOSED (2) TIMBER PILE EBB_ M P ROVE M E NTS e000 I / ALUMINUM BOAT LIFT 50.4' WHARF TERMINATES @ PL 1 PROPOSED DIMENSIONS 1 " = 40' PF r-�/ EX TIMBER / WHARF PROPOSED ----730' —1 TIMBER WHARF / l / $� EX CONCRETE ^/ / BOAT RAMP LOT 65 NOW OR FORMERLY i LIA F. CABRAL RLT GPIN: 2433-22-9452 / / EX TIMBER\ WHARF I I I I 1 I I I I 11m3T. 20170504000372180 3, / LOT 66 M.B. 67, PG. 45 NOW OR FORMERLY dJOHN R. & BROOKE S. RUDIS / GPIN: 2433-32-0464 I NST: 202403030411 / M.B. 67, PG. 45 / S'SIDE AND REAR EASEMENT GRANTED TO i CITY OF VIRGINIA BEACH / / EX GRAVEL - FOR DRAINAGE AND , / DRIVEWAY UTILITIES PER M.B 67, PG. 45 PF/l / S 67'41'00' W 132.15' BACK BAY CRESCENT 50' RIGHT-OF-WAY M.B. 67, PG. 45 �L T H OF cw w C u- 0 3 Z o SEAN E. GREEN y W "o Lic. No. 0402064005 J � o�FSS/O N A I EaG\�� Digitally signed by reen Se E=stonegree s ing(819mail.com, G=Sean, SN=Groen, C=US Date: 2025.05.28 21:00:19-04'00' LOT 67 NOW OR FORMERLY PRESTIGE WORLDWIDE PROPERTY MANAGEMENT LLC GPIN: 2433-32-1459 INST:202203062663 M.B. 67, PG. 45 PF 485' TO SAND BEND RD -- 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A' - ENCROACHMENT REQUEST FOR 0 40 80 EXISTING TIMBER WHARVES, CONCRETE SCALE: 1 = 40 BOAT RAMP, GRAVEL DRIVEWAY AND A PROPOSED TIMBER WHARF ADDITION, & ENGINEERING SERVICES PROVIDED BY: PROPOSED TWO PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR: JOHN R. & BROOKE S. RUDIS 4014 MEDINA ROAD #1015, AKRON, OH 44333 320 BACK BAY CRESCENT (330) 400-3811 COA: 0407008328 LOT 66, SECTION 3, BACK BAY MEADOWS, ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG. 45 OCTOBER 23, 2024 SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ( TN day of J (AMC , 20 § -by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN RICHARD RUDIS and BROOKE SPAIN RUDIS, a married couple, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "66" as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORP. PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," Scale: 1" = 100', dated July 16, 1964, prepared by W. B. Gallup - Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 320 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain two (2) variable width timber wharves, a concrete boat ramp and a gravel driveway, and to construct and maintain a variable width timber wharf addition and a two (2) timber pile aluminum boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267 (CITY -OWNED PROPERTY — BASS INLET) NO GPIN ASSIGNED (5' CITY -OWNED DRAINAGE AND UTILITY EASEMENT) 2433-32-0464 (320 BACK BAY CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City -owned property known as Bass Inlet and into a 5' City -owned drainage and utility easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL DRIVEWAY AND A PROPOSED TIMBER WHARF ADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS, M.B.67, PG. 45," Scale: 1" = 40', dated: October 23, 2024, prepared by: Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 11 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John Richard Rudis and Brooke Spain Rudis, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. My Notary Registration Number: My Commission Expires: Notary Public (SEAL) M J"l � K4.�, / o n Richard Riudis 6, (--L Brooke Spain Rudis STATE OF CITY/COUNTY OF i , to -wit: The foregoing Instrument was acknowledged before me this day of 2025, by John Richard Rudis My Notary Registration Number: 30 My Commission Expires: qIX19 APPROVED AS TO CONTENTS P B C WOR S --REAL ESTATE • •• jSa in R u • NOTARY • . Ceti PUBLIC m ; - -� • REG # 7614330 : r = n MY COMMISSION EXPIR Q '. 9I301p .`C9 �''��ALTN �F ��`• APPROVED AS TO LEGAL SUF CIENCY AND FORM . HA MEYER DEPUTY CITY ATTORNEY RUDIS ENCROACHMENT EXHIBIT N LOT 64 SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY NOW OR FORMERLY LIA F. CABRAL RLT CITY OF VIRGINIA BEACH GPIN: 2433-22-9549 GPIN: 2433-33-0267 F INST: 20170504000372240 M.B. 103, PG. 25 S M.B. 67, PG. 45 M.B. 67 PG. 45 MHW MLW CANAL OF MILL POND EXISTING W I JFLOOD� N 67'41'00' E C CONDITIONS 14.2' WHARF TO PL 17.9' WHARF WIDTH PEI Z ¢ w / Ex. TIMBER d = U / WHARF W 8 11' �3i ! ' co 91 °Q-- "-------To i 16' 39' I / I ai If� EX. CONCRETE BOATRAMP EXISTING DIMENSIONS 1"= 40' / / 66.4' TOTAL WIDTH I 12.9' 0 38.5' WHARF WIDTH r, EX. TIMBER WHARF / / LOT 65 / '?% / A/ LOT 66 NOW OR FORMERLY NOW FORMERLY LIA F.. CABRAL RLT 2/ � JOHN R. & BROOKE S. RUDIS GPIN: 2433-32-0464 GPIN: 2433-22-9452 / / INST:202403030411M.B. INST: 20170504000372180 / / 67, PG. 45 M.B. 67, PG. 45 5' SIDE AND REAR EASEMENT GRANTED TO CITY OF VIRGINIA BEACH i / FOR DRAINAGE AND UTILITIES PER M.B 67, PG. 45 I / PFI / S 67'41'00' W EBB- LOT 67 ' NOW OR FORMERLY PRESTIGE WORLDWIDE PROPERTY MANAGEMENT LLC GPIN: 2433-32-1459 ;N INST:202203062663 I� M.B. 67, PG. 45 io �m � H OCF(c>SEAN Z E4GRE . No. 00206 o 10 StSIKDLNTe E �ljg�ltafly si new y reen D GRAVEL E=ston reenconsuwn mail.cor DRIVEWAY I e9 9Cd19 I G=Sean, SN-Greed, C=US 132.15' I PF Date: 2625.05.28 21:00:17-04'00' 485' TO SAND BEND RD BACK BAY CRESCENT 50' RIGHT-OF-WAY M.B. 67, PG. 45 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER eccnrleTInWc nR er.Fnlrlcc 0 40 80 6_m?m SCALE: 1" = 40' ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD #1015, AKRON, OH 44333 (330)400-3811 COA:0407008328 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL DRIVEWAY AND A PROPOSED TIMBER WHARFADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY CRESCENT LOT 66, SECTION 3, BACK BAY MEADOWS ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG. 45 OCTOBER 23, 2024 SHEET 1OF 2 RUDIS ENCROACHMENT EXHIBIT ^, LOT 64 SANDBRIDGE SHORES BASS INLET yL NOW OR FORMERLY NOW OR FORMERLY LIA F CABRAL DI T CITY OF VIRGINIA BEACH GPIN: 2433-22-9549 GPIN: 2433-33-0267 F INST:20170504000372240 M.B. 103, PG. 25 S M.B. 67, PG. 45 _..—.._.._.._.._..—.._ M.B. 67 PG. 45 CANAL OF MILL POND PROPOSED MHW I �MLW —FLOOD N67*4100'E PROPOSED (2) TIMBER PILE (?EBB — IMPROVEMENTS 60.00• I : ALUMINUM BOAT LIFT 50.4' r WHARF TERMINATES @ PL PROPOSED DIMENSIONS ) \PF 1"= 40' f— _v I / EX. TIMBER EX. TIMBER I ,~I WHARF WHARF ; -- PROPOSED 730-1 TIMBER WHARF �; I 'i EX. CONCRETE BOATRAMP LOT 65 l NOW OR FORMERLY / LIA F. CABRAL RLT GPIN: 2433-22-9452 / INST: 20170504000372180 _4 i LOT bb M.B. 67, PG. 45 NOW OR FORMERLY o % JOHN R. & BROOKE S. RUDIS GPIN: 2433-32-0464 I/ INST:202403030411 I M.B. 67, PG. 45 J ` 5' SIDE AND REAR ­­4/ 1 EASEMENT GRANTED TO i CITY OF VIRGINIA BEACH / / EX GRAVEL FOR DRAINAGE AND , J DRIVEWAY I UTILITIES PER M.B 67, PG. 45 ° I 67'41'00' W132.1I' BACK BAY CRESCENT 50' RIGHT-OF-WAY M.B. 67, PG. 45 I �p,LTHUP OF w w a Z N �' SEAN E. GREEN W o Uc. No. 0402064005 a Cc o�G O �0 SS/ONAL ECG Digitally si ned by reen Se =stonegree s om, G=S"M, SN-GrOW, G=US Date: 2bb2255.05.28 24:W.119-04'00' LOT 67 NOW OR FORMERLY PRESTIGE WORLDWIDE PROPERTY MANAGEMENT LLC GPIN: 2433-32-1459 INST:202203062663 M.B. 67, PG. 45 PF 485' TO SAND BEND RD 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASCnr'IATInNS r)R Ar;FNr'IFS 0 40 80 6mlmmmmm SCALE: 1" = 40' ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD #1015, AKRON, OH 44333 (330) 400-3811 COA: 0407008328 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR EXISTING TIMBER WHARVES, CONCRETE BOAT RAMP, GRAVEL DRIVEWAYAND A PROPOSED TIMBER WHARFADDITION, & PROPOSED TWO PILE ALUMINUM BOAT LIFT FOR: JOHN R. & BROOKE S. RUDIS 320 BACK BAY CRESCENT LOT 66 SECTION 3 BACK BAY MEADOWS I / , ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG. 45 OCTOBER 23, 2024 SHEET 2 OF 2 w 111 .�. .1917" 'Ibe,wti wA a P 7 ~ 3. ft<`t `%',per., -_. •,.'R, `� yam'^• �^ . � ; A r BASSINLET J ioll^ 5' DRAINAGE & UTILITY LOCATION MAP j. ENCROACHMENT REQUEST FOR ;' BROOKE SPAIN RUDIS AND JOHN RICHARD RUDIS Legend 320 BACK BAY CRESCENT 2433-32-0464 G P I N : 2433-32-0464 0 100 200 City Property Feet 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 *a Is Applicant also the Owner of the subject property? YesgNoo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes(�(Noo If yes, name Representative: 5C?"— -r s)/ /4 t)M ` WJ+TE QFR-Ct� i' LX)AJ5y LT jA& (f , Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a arent- subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) ►oes 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? Yeso No(D' 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.) V O Real Estate Broker/Agent/Realtor 0 �{ v Disclosure Statement I rev. May-2024 page 1 of 3 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Or Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent 0 i 9aN E, �eae / L', �cw 6/rW t�n Legal Services O 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. r"11-1 1-1� - IlAl", Applicant Name (Print) pplicant 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. 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 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): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y -2024 page 2 of 3 el=ll :4 VKOMT 21l:11:alLNlIs] VkyiMAN IEel Property Owner Name: as listed on application Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? Yes0Noo 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 Z 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 0 No f 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 late ralization, etc.) 0 0 Real Estate Broker/Agent/Realtor 0 1 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner 0 0 Construction Contractor 0 1 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER 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. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $30,000 from the Virginia Department of Criminal Justice Services to the Department of Emergency Medical Services MEETING DATE: July 8, 2025 ■ Background: The Department of Emergency Medical Services (EMS) has been awarded $30,000 from the Virginia Department of Criminal Justice Services' First Responder Wellness Grant Program. The wellness of EMS first responders is critical to their performance, safety, and the quality of care they provide. This funding will allow responders to attend the Mental Health First Aid (MHFA) training program which instructs participants in identifying and providing initial support for mental health challenges that impact first responders. Select participants will attend MHFA Instructor Courses which will enable the Department to sustain the program internally. This funding will also be used to create a supportive trauma -informed space designed to offer a restorative setting for responders experiencing work related emotional and psychological stress. ■ Considerations: There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: 11?V9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $30,000 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $30,000 is hereby accepted from the Virginia Department of Criminal Justice and 10 appropriated, with revenue increased accordingly, to the FY 2025-2026 Operating Budget 11 of the Department of Emergency Medical Services to support first responder wellness. 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: ,�4 L- cl�. -- I 6 dget and anagement Services City ttorney's Office CA16923 R-1 June 25, 2025 Iu e V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $3,200,000 from the Fund Balance of the General Fund for Improvements to the Virginia Aquarium & Marine Science Center and to Authorize the City Manager to Execute a Cost Share Agreement with the Virginia Aquarium & Marine Science Center Foundation, Inc. MEETING DATE: July 8, 2025 ■ Background: As approved by the City Council in September 2024, the Virginia Aquarium & Marine Science Center Foundation, Inc., (the "Foundation") in partnership with the City, hired Animal Underwater Services to assess the structural improvements needed on the interior of the North Aquarium building to include the seal, shark, and turtle habitats. The cost of the improvements is estimated to be $8 million. Although the Memorandum of Agreement (the "MOA") between the City and the Foundation makes the cost of repairing exhibits the responsibility of the Foundation, the extent of the needed repairs includes both exhibit and structural components. Accordingly, the City and the Foundation have followed a joint funded capital project approach wherein the City is responsible for 40% or $3.2 million, and the remaining amount will be funded by the Foundation. The assessed improvements will extend the life of the three exhibits another 8 to 10 years, after which they should be replaced. As such, staff will consider bringing forth funds to initiate design for new construction in the FY 2026-27 City Manager's Proposed Capital Improvement Plan. ■ Considerations: The proposed source of the $3.2 million is the fund balance of the General Fund, and the attached ordinance appropriates funds to Capital Project #100463, "Virginia Aquarium Rehabilitation and Renewal III." As provided by the MOA, jointly funded capital projects are memorialized in an agreement concerning the project and the cost share for such project. The current year end fund balance projection is approximately 9.95%, as reflected in the Adopted FY 2025-26 Executive Summary document. An appropriation of this amount will not materially change the percentage, and the City's 8-12% fund balance policy will be maintained. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance, CIP Detail Sheet, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Virginia Aquarium City Manager:% 1 AN ORDINANCE TO APPROPRIATE $3,200,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND FOR 3 IMPROVEMENTS TO THE VIRGINIA AQUARIUM & MARINE 4 SCIENCE CENTER AND TO AUTHORIZE THE CITY 5 MANAGER TO EXECUTE A COST SHARE AGREEMENT 6 WITH THE VIRGINIA AQUARIUM & MARINE SCIENCE 7 CENTER FOUNDATION, INC. 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. $3,200,000 is hereby appropriated from the fund balance of the General Fund 12 and transferred as pay-as-you-go funding to Capital Project #100463 "Virginia 13 Aquarium Rehabilitation and Renewal III" for exhibit and facility repairs at the 14 Virginia Aquarium. 15 16 2. The City Manager is hereby authorized to enter into a cost share agreement with 17 the Virginia Aquarium & Marine Science Center Foundation, Inc., to participate in 18 a not to exceed amount of $3,200,000 as a 40% cost share, based on actual 19 invoices presented to the City, for exhibit and facility repairs at the Virginia 20 Aquarium, subject to such terms, conditions, and modifications as may be 21 acceptable to the City Manager and in a form deemed satisfactory by the City 22 Attorney. 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: APPROVED AS TO LEGAL SUFFICIENCY: Vudget and `_ Dz� anagement Services 1__C�Orney's Office CA16922 R-1 June 25, 2025 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100463 Title: Virginia Aquarium Renewal and Replacement III Approved I Category: Buildings & Assets Project Type: Rehabilitation/Replacement Programmed I Appropriated I Budgeted Funding To Date FY 2026 7, 871, 0191 4,271,0191 600,000 Department: PUBLIC WORKS District: 6 Non -Appropriated Programmed CIP Funding FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 600,0001 600,0001 600,0001 600,0001 600,000 Ranking: 0 Future Funding This project increase will fund the design, construction, electrical, plumbing, equipment, and all associated utility upgrades and costs for Aquarium life support upgrades and maintenance. This project is for refurbishment, replacement, improvement, and renewal of infrastructure items necessary for the operation of the Virginia Aquarium. Items include but are not limited to: animal life support systems, animal habitat structures, animal care equipment, operational equipment, ticket printers and related components, and security equipment. Funding for specialized diagnostic equipment and required material handling equipment is also provided. cilven the heavy usage of the taclllty, planned replacement and renewal are essential for the Continued Operations of the tacliity. I his tunding Is Critical for emergency life support purchases and repairs. It will provide planned upgrades and alterations to animal habitats in order to maintain compliance with governmental agencies (e.g. United States Department of Agriculture, Department of Environmental Quality and the Fish and Wildlife Service) as well as accreditation agencies (e.g. Association of Zoos and Aquariums, International Marine Animal Trainer's Association, and Alliance of Marine Mammal Parks and Aquariums). This project first appeared in the FY 2018-19 CIP and is a continuation of project 3-278 Virginia Aquarium Renewal and Replacement II. In FY 2024-25, $156,815 was transferred to this project from the VA Aquarium Monument Sign project. Operating Budget Project Activities From - To Amount Construction 07/19 - 06/31 7,871,019 Total Budgetary Cost Estimate: 7,871,019 Funding Subclass Private Contribution Local Funding Amount 140,604 7,730,415 Total Funding: 7,871,019 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: Virginia Aquarium 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: YES NO SERVICE PROVIDER (use additional sheets if needed) x Accounting and/or preparer of your tax return Financial Services (include x ❑ lending/banking institutions and current mortgage holders as aaalicable) x Legal Services I - Towne Bank, Truist, Gratus Wealth Advisors Williams Mullen Animal Underwater Exhibits, Broker/Contractor/Engineer/Other Trolley House, Photogenic, x Service Providers Rover Tours, Curtis Group, Roto Design, Canopy Strateaic Advisors CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Daniel Peterson 6/24/25 APPLICANT'S SIGNATURE PRINT NAME DATE K. PLANNING 1. HEARTSILLE REYNOLDS / PORTIA MCGRAW / SHARON MCPHERSON / EDWARD THOMAS / RONALD HAYES/ TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH for a Modification of Conditions re religious use at a portion of 2641 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. KEELINGWOOD APARTMENTS, LLC / KEELINGWOOD APARTMENTS, LLC & SOUTHERN 23, LLC for a Modification of Proffers to a Conditional Change of Zoning re separate the proffers applicable to the original phase development, known as Southern Pine, and the proposed development, known as the Silo at Southern Pine for the parcel directly Northwest of 2641 Princess Anne Road & 2520 Allie Nicole Circle DISTRICT 2 RECOMMENDATION: APPROVAL 3. FRANKLIN GROUP COMPANIES, LLC / HEARTSILLE REYNOLDS / PORTIA MCGRAW / SHARON MCPHERSON / EDWARD THOMAS / RONALD HAYES / TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH & SOUTHERN23 LLC for a Conditional Change of Zoning from A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District re develop and add 24 additional units for a parcel directly Northwest of 2641 Princess Anne Road and a portion of 2641 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH BEACON BAPTIST CHURCH for a Modification of Conditions to Conditional Use Permit re religious use at 2301 Newstead Drive DISTRICT 5 (Deferred from June 17, 2025) RECOMMENDATION: STAFF — APPROVAL PLANNING COMMISSION — DENIAL 5. 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 (Deferred from June 17, 2025) RECOMMENDATION: STAFF — APPROVAL PLANNING COMMISSION — DENIAL 6. STARLING BESS ENERGY, LLC for a Street Closure re approximately 29,601 square feet of an improved right-of-way known as Windy Willow Court DISTRICT 2 RECOMMENDATION: APPROVAL 7. STARLING BESS ENERGY, LLC / ARLEEN COHEN / COHEN EXEMPT MARITAL TRUST / WINDY WILLOWS FARMS LC for a Conditional Change of Zoning from R-7.5 Residential District to 1-1 Light Industrial re property located at 1688 Windy Willow Court, parcel directly Southwest of 1688 Windy Willow Court, and parcel directly East of 1688 Windy Willow Court DISTRICT 2 RECOMMENDATION: APPROVAL 8. STARLING BESS ENERGY, LLC / STARLING FARM, LLC / ARLEEN COHEN / COHEN EXEMPT MARITAL TRUST / WINDY WILLOW FARMS LC for a Conditional Use Permit re operate a battery energy storage system DISTRICT 2 RECOMMENDATION: APPROVAL 9. BH CYPRESS POINT MF DEVELOPMENT, LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re redevelop the existing Cypress Point Shopping Center into a mixed -use development to include multi -family dwellings as well as office and retail space at 928 Diamond Springs Road and 1025 Heatherwood Drive DISTRICT 9 RECOMMENDATION: APPROVAL 10. AMANDA MATTHEWS / VILLAGE CHURCH for a Conditional Use Permit re child care education center at 4013 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 11. HOPE, CARE & LOVE HOME HEALTHCARE SERVICES, LLC / HOLLAND OFFICE PARK, LLC for a Conditional Use Permit re adult daycare center at 464 South Independence Boulevard, Suites 104 & 106 DISTRICT 3 RECOMMENDATION: APPROVAL 12. GARTH GILLESPIE / GARTH CHRISTIAN GILLESPIE for a Conditional Use Permit re short term rental at 521 22nd Street DISTRICT 6 RECOMMENDATION: APPROVAL 13. DIANE ONG for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit B & 905 Pacific Avenue, Unit A DISTRICT 5 RECOMMENDATION: APPROVAL F f i w 4 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, July 8, 2025 at 6:00 p.m. In the Council Chamber at Ctry Hall, Building 1, 2^^ Floor at 2401 Courthouse Drive, Virginia Beach, VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https,.//virgniabeach.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 t0 observe. If you wish to make comments virtually during the public hearing, please follow the twostep process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 8, 2025. 2. Download WebEx and view the meeting at: httos://vbgov.webex.com/webl i nk/ re¢ister/r6cfl3adeDd83813a 5G4a 63375bcb9651 The following requests are scheduled to be heard Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, & Ronald Hayes, Trustees for Turning Point Church and Ministries, formerly known as Agapae International Church (Applicant & Property Owner) Modification of Conditions (Religious Use) Address: Portion of 2641 Princess Anne Road GPIN: 1494641457 City Council: District 2 (Henley) Keelingwood Apartments, LLC Property Owners: Keelingwood Apartments, LLC & Southern23, LLC Modification of Proffers Address: Parcel directly northwest of 2641 Princess Anne Road & 2520 Allie Nicole Circle GPINs: 1494534876 & 1494546842 City Council: Dstrict 2 (Henley) Franklin Group Companies, LLC Property Owners: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, & Ronald Hayes, Trustees for Turning Point Church and Ministries, formerly known as Agapae International Church & Southern23 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) Address: Parcel directly northwest of 2641 Princess Anne Road & portion of 2641 Princess Anne Road GPIN: 1494546942 & portion of 1494641457 City Council: District 2 (Henley) Starling BESS Energy, LLC Property Owners: Arleen Cohen, Cohen Exempt Marital Trust, Windy Willow Farms LC Rezoning (R-7.5 Residential to 1-1 Light Industrial) Addresses: 1688 Windy Willow Court & parcel directly west of 1688 Windy Willow Court GPINs: 1495265319 & 1495260302 City Council: District 2 (Henley) Starling BESS Energy, LLC. Property Owners: Starling Farm, LLC, Arleen Cohen, Cohen Exempt Marital Trust, Windy Willow Farms LC Conditional Use Permit (Battery Energy Storage System) Addresses: 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 GPINs: 1495251787, 1495265319, 1495260302, & 1495363419 Clay Council: District 2 (Henley) Starling BESS Energy, LLC Street Closure Adjacent Addresses: 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 Adjacent GPINs: 1495251787,1495265319,1495260302, & 1495363419 City Council: District 2 (Henley) BH Cypress Point MF Development, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Business District to Conditional B-4 Business District) Address: 928 Diamond Springs Road & 1025 Heatherwood Drive GPINs: 1468453483, 1468552330 City Council: District 9 (Schulman) Amanda Matthews Property Owner: Village Church Conditional Use Permit (Child Care Education Center) Address: 4013 Indian River Road GPIN: 1474623633 City Council: District 2 (Henley) Hope, Care & Love Home Healthcare Services, LLC Property Owner: Holland Office Park LLC Conditional Use Permit (Adult Daycare Center) Address: 464 S. Independence Boulevard, Suites 104 & 106 GPIN: 1476599625 Ctty Council: District 3 (Berlucchi) Garth Gillespie Property Owner: Garth Christian Gillespie Conditional Use Permit (Short Term Rental) Address: 52122nd Street GPIN: 2417987538 City Council: District 6 (Remick) Diane Ong (Applicant & Property Owner) Conditional Use Permits (Short Term Rental) Addresses: 927 Pacific Place, Unit B & 905 Pacific Place, Unit A GPINs: 24272444111.155 & 24272444111150 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- 3854621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-3854303. If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check Our website at https,.//clerk.virginiabeach.gov/citycouncil for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes, MMC City Clerk PILOT - JUNE 24, 2025 & JULY 1, 2025 - 1 TIME EACH R1,0 O o h ° AG2 o i.cessq � � � AG2 B2 A18 � AG2 AG2 B1 p`G 1\ AG2 AG�1 AG1 02 A18 B2A18 � AG1 N Heartsille Reynolds, Portia McGraw, Sharon McPherson, ® site Edward Thomas, & Ronald Hayes, W `" Property Polygons Trustees for Turning Point Church and Ministries, S Zoning formerly known as Agapae International Church Building Portion of 2641 Princess Anne Road Feet 0 4080 160 240 320 400 480 �� a�AG2 o ° • o '�r� AG AG1 00 A�'1'8 \ 4 o B2 //// ss, AG2 AG2 10 AG2 AG2 0, 0 B2 o� A 1 02 or_ A 18 o B 1 B 1 A1<8 Ao B2 � B 1 02 1 rt AG2 0E ,j N ® site Keelingwood Apartments, LLC W F Property Polygons Parcel directly northwest of 2641 Princess Anne Road S Zoning & 2520 Allie Nicole Circle Building Feet 0 80160 320 480 640 800 960 O AG1 AG2 AG2 o AG1 02 A18 � N ® site Franklin Group Companies, LLC W Property Polygons Parcel directly northwest of 2641 Princess Anne Road 5 Zoning & portion of 2641 Princess Anne Road Building Feet 0 4080 160 240 320 400 480 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HEARTSILLE REYNOLDS, PORTIA MCGRAW, SHARON MCPHERSON, EDWARD THOMAS & RONALD HAYES, TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located on a Portion of 2641 Princess Anne Road (GPIN 1494641457). COUNCIL DISTRICT 2 (Henley) KEELINGWOOD APARTMENTS, LLC [Applicant] KEELINGWOOD APARTMENTS, LLC & SOUTHERN 23, LLC [Property Owners] Modification of Proffers to a Conditional Rezoning for the parcel directly northwest of 2641 Princess Anne Road & 2520 Allie Nicole Circle (GPINs 1494534876 & 1494546842). COUNCIL DISTRICT 2 (Henley) FRANKLIN GROUP COMPANIES, LLC [Applicant] HEARTSILLE REYNOLDS, PORTIA MCGRAW, SHARON MCPHERSON, EDWARD THOMAS, & RONALD HAYES, TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES, FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH & SOUTHERN23 LLC [Property Owners] 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) for the parcel directly northwest of 2641 Princess Anne Road & portion of 2641 Princess Anne Road. (GPINs 1494546842 & portion of 1494641457). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 8, 2025 ■ Background: These requests consist of three separate, but interrelated applications, each of which is dependent on the others to achieve a cohesive and high -quality development. The first application is a Modification of Conditions submitted by the Trustees of Turning Point Church and Ministries, formerly known as Agapae International Church, to modify the Conditional Use Permit for a Religious Use originally granted by City Council on October 26, 1993. The request seeks to remove 2.3 acres from the property associated with Turning Point Church and Ministries, located at 2641 Princess Anne Road. The church currently occupies a 9-acre Heartsille Reynolds, et al, Keelingwood Apartments, & Franklin Group Companies, LLC Page 2 of 7 parcel that includes the main church building, a modular unit, a shed, a parking lot, and an existing Best Management Practice (BMP) facility. The church property is located east of the proposed development by Franklin Group Companies, LLC, also known as The Silo at Southern Pine. The church plans to sell 2.3 acres to Franklin Group Companies, LLC for incorporation into their adjoining development. A Modification of Conditions to the existing Conditional Use Permit is required to remove this acreage from the church property. Following the sale, the church will retain 6.8 acres under its ownership. If the Modification is approved, the remaining parcel will continue to meet, and exceed, the minimum three -acre lot area requirement for Religious Uses, as outlined in Section 240.1 of the Zoning Ordinance. As evidenced by previous approvals, the church's access from Princess Anne Road was always intended to be temporary, and at such time that an alternative access was available, the Princess Anne Road access was to be removed. However, the prior condition did not establish a specific timeline for this action. Therefore, Staff is now recommending that the temporary access be removed, and a permanent access be installed along George Wythe Drive within 24 months of City Council approval. At this time, the church has not determined the exact location of the future access on George Wythe Drive. The final location and design will be determined during the Site Plan review process and evaluated by Staff to ensure compliance with City standards. The second application for Keelingwood Apartments, LLC is a request for a Modification of Proffers. On October 17, 2023, City Council granted a Modification of Proffers to expand the existing 15.7-acre Southern Pine Apartments to allow for the addition of a 6.26-acre parcel to accommodate an additional 176 multi -family dwelling units. The applicant is now requesting a Modification of Proffers in order to separate the proffers applicable to the original phase of the development, known as Southern Pine, and the proposed development, The Silo at Southern Pine. While they will be subject to separate proffer agreements, the developments will have the same property management company but will function as independent multi -family developments. The final application is a request by Franklin Group Companies, LLC to conditionally rezone 8.56-acres from Conditional A-18 Apartment District and AG-1/AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District. The subject properties are located within the <65 dB DNL and 65-70 dB DNL noise contours, partially within the Interfacility Traffic Area (ITA), and within Special Economic Growth Area (SEGA) 4 — Princess Anne Commons. The applicant proposes to incorporate 2.3 acres from an adjacent church property into the existing 6.26-acre site, resulting in a total of 8.56 acres. This addition will accommodate one new three-story building with 24 units and an Heartsille Reynolds, et al, Keelingwood Apartments, & Franklin Group Companies, LLC Page 3 of 7 upgraded stormwater pond to serve both the church and the residential development. The total number of units will increase from the 176 units approved with the 2023 Conditional Rezoning to 200 units. The development includes a Workforce Housing (WFH) component. As allowed under Section 2106 of the Zoning Ordinance, the density in the WFH Overlay may be increased by 30% over the density allowed in the underlying zoning district, if 17% of the total number of dwelling units are designated as WFH units. For the subject request, 154 units would be permitted under the A-18 zoning designation, equating to a density of 17.9 units per acre. When applying the 30% density bonus allowed by Section 2106, an additional 46 units are permitted, for a total of up to 200 units, equating to a density of 23.4 units per acre. 77 of the 200 units, or 38.5%, are proffered to be workforce housing units, exceeding the minimum 17% requirement. These units will include 39 one -bedroom, 33 two - bedroom, and 5 three -bedroom units. Affordable rents for WFH units are established by the Housing Advisory Board (HAB), based on data from the U.S. Department of Housing & Urban Development (HUD), and are finalized prior to project completion to ensure the rents are set based on the most recent income data. The site will feature seven buildings: one clubhouse (327' in height) and six multi -family buildings. Four buildings near Princess Anne Road will be three stories (maximum 48' height), while two buildings near George Wythe Drive will be four stories (maximum 55' height). Since the A-18 district limits building height to 35 feet, the applicant is requesting a height deviation under Section 107(i) of the Zoning Ordinance to permit a maximum height of 45 feet for three-story buildings and 55 feet for four-story buildings. Proposed amenities include an outdoor swimming pool, clubhouse with fitness center, and grilling stations. Primary access will be from George Wythe Drive, with an emergency -only access point from Princess Anne Road, consistent with the Comprehensive Plan and Master Transportation Plan's access control designation for this section of Princess Anne Road. As with the previously approved plan, a deviation to the required 30-foot front yard setback along George Wythe Drive is requested. One building near the entrance encroaches into this setback, and as such the applicant is requesting a reduced front yard setback of 20 feet. A total of 329 parking spaces are proposed, equating to 1.65 spaces per unit, compared to the standard requirement of 363 spaces. In support of this reduction, a parking study was submitted and approved by the Zoning Administrator in accordance with Section 203 of the Zoning Ordinance. Additionally, the development will provide 11 bicycle parking spaces, including six covered spaces, to meet code requirements Heartsille Reynolds, et al, Keelingwood Apartments, & Franklin Group Companies, LLC Page 4 of 7 ■ Considerations: The proposed development is consistent with the Comprehensive Plan. While a portion of the site lies within the Interfacility Traffic Area (ITA), no residential buildings are proposed within that boundary. A key recommendation of the ITA Master Plan for the Municipal Center area is to introduce a mix of residential uses to activate the area, establish a cohesive pedestrian network, and provide attainable housing options for City workers. The Modification of Conditions requested by the church to remove 2.3 acres from the site to be incorporated into this multi -family development, the request by Keelingwood Apartments, LLC to separate the proffer agreement and revert back to the original proffers, and the Conditional Rezoning request by Franklin Group Companies LLC is recommended for approval by Staff with concurrence from the Planning Commission. By incorporating the additional 2.3 acres into the 6.26-acre site, it will allow an enhancement of the overall site layout by allowing for greater separation between buildings, the inclusion of additional green space, improved vehicle flow throughout the site, and the integration of an existing Best Management Practice (BMP) facility to address stormwater. In accordance with the property's partial location within the ITA, the applicant presented the proposal to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC) on May 1, 2025. The Committee expressed concerns related to building height and density, voting 7-2 to oppose the project. Additionally, the applicant appeared before the Joint Review Process (JRP) Group to discuss the proposed project on May 16, 2025. The JRP Group finds the proposal to be in compliance with Article 18 of the Zoning Ordinance. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. One speaker in opposition was in attendance at the hearing noting concerns related to density and incapability with the surrounding area. ■ Recommendation: On June 11, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 5 to 4. Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008, May 24, 2011, and on September 6, 20216 shall be deleted and replaced with the following conditions below. Heartsille Reynolds, et al, Keelingwood Apartments, & Franklin Group Companies, LLC Page 5 of 7 2. Upon removal of 2.3 acres from the site, the total lot area designated for the Religious Use shall be 6.83 acres. 3. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the site layout entitled "Site Layout for Turning Point Church and Ministries, dated May 27, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. Within no less than 24 months from the date of City Council Approval, the church shall remove the temporary access along Princess Anne Road and install the necessary improvements (curb & gutter, etc.) and access to the Church shall be from George Wythe Drive. 5. One portable modular structure shall be allowed for a period of five (5) years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under -carriage of the unit. The skirting shall be adequately maintained and shall not fall into a state of disrepair. c. Foundation landscaping, consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 6. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. Modification of Proffers Proffer 1 The Proffer Amendment is hereby terminated and of no further force and effect. Heartsille Reynolds, et al, Keelingwood Apartments, & Franklin Group Companies, LLC Page 6 of 7 Proffer 2 The Southern23 Property is no longer subject to the Original Proffers or the Proffer Amendment. Proffer 3 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Keelingwood Property. Conditional Rezonina Proffer 1 When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE SILO, Conceptual Development Plan", dated April 1, 2025, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 2 The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the four sheet exhibit prepared by Cox, Kliewer & Company, P.C., entitled "The Silo at Southern Pine" and dated April 1, 2025 (the "Elevations"), 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 number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred (200). Not less than thirty eight (38) percent of the total number of residential units developed on the Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. Proffer 4 Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "THE SILO, Conceptual Landscape Plan", and dated April 1, 2025 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and incorporated Heartsille Reynolds, et al, Keelingwood Apartments, & Franklin Group Companies, LLC Page 7 of 7 herein by reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5 The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Proffer 6 The community identification sign(s) on the Property shall be a monument -style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 7 The minimum setback from George Wythe Drive applicable to the buildings developed on the Property will be twenty feet (20') in lieu of the thirty feet (30') otherwise required under Section 602(d)(3) of the Zoning Ordinance. Proffer 8 The multifamily residential buildings on the Property, when developed, may be up to fifty-five feet (55') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 604(a) of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition from TA/ITA CAC (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Pt-_1 Project Details Requests Modification of Conditions (Religious Use) Modification of Proffers 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 Recommendation Approval Staff Planner Marchelle Coleman Location Portion of 2641 Princess Anne Road, parcel directly northwest of 2641 Princess Anne Road & 2520 Allie Nicole Circle GP/Ns 1494641457,1494534876 & 1494546842 Site Size 8.56 acres A/CUZ Less than 65 dB DNL, 65-70 dB DNL, partially within the Interfacility Traffic Area (ITA) Watershed Southern Rivers Existing Land Use and Zoning District Religious Use, Multi -family dwellings, cultivated field / AG-1 & AG-2 Agricultural, A-18 Apartment Surrounding Land Uses and Zoning Districts North Princess Anne Road Single-family dwellings, Religious Use / R-10 Residential, AG-1 & AG-2 Agricultural South Golf course / AG-1 Agricultural East George Wythe Drive, George Mason Drive Religious Use, shopping center, undeveloped parcel / B-2 Community Business, AG-1 & AG-2 Agricultural West Single-family dwellings, golf course / AG-1 & AG-2 Agricultural Trustees for Turning Point Church & Ministries, Kee Iingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 1 of 55 • On October 17, 2023, City Council approved three applications for a Conditional Rezoning to rezone 6.26 acres from AG-1 & AG-2 Agricultural District to Conditional A-18 Apartment District with a Workforce Housing Overlay District, a Modification of Proffers to expand the existing Southern Pine Apartments to include an additional 176 units, and a Subdivision Variance to reconfigure the existing lots for the proposed development. • The properties are located within the <65 dB DNL and 65-70 dB DNL noise contours and are partially situated within the Interfacility Traffic Area (ITA). Additionally, the properties fall within Special Economic Growth Area (SEGA) 4 — Princess Anne Commons. • The current requests include the following: (1) a Modification of Conditions to remove 2.3 acres from the current Conditional Use Permit associated with Turning Point Church and Ministries, formerly known as Agapae International Church, located at 2641 Princess Anne Road; (2) a Modification of Proffers to separate the proffer agreement applicable to the initial phase of Southern Pine Apartments (reverting to the original proffers) and the subsequent phase; and (3) a Conditional Rezoning of 8.56 acres from Conditional A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District. This rezoning will support the development of up to 200 multi -family dwelling units within a designated Workforce Housing Overlay. • Turning Point Church and Ministries, formerly known as Agapae International Church, located to the east of the proposed development, is requesting to remove an approximately 2.3-acre portion of its property from the existing Conditional Use Permit for a Religious Use. This portion is intended to be sold to Franklin Group Companies, LLC. To remove the 2.3-acres from the Conditional Use Permit, a Modification of Conditions is required. The remaining 6.83 acres associated with the Religious Use includes the existing church facilities and parking, which will remain under the church's ownership. Should the Modification of Conditions be approved, the church would continue to meet the minimum three -acre lot area requirement for religious uses, as identified in Section 240.1 of the Zoning Ordinance. • In 2023, City Council approved a Modification of Proffers related to the 2014 Conditional Rezoning of the 15.7-acre Southern Pine Apartments, allowing for the addition of 6.26 acres to accommodate 176 additional multi -family dwelling units. The applicant, Keelingwood Apartments, LLC is requesting a Modification of Proffers in order to separate the proffers applicable to the original phase of the development, known as Southern Pine, and the proposed development, The Silo at Southern Pine. While they will be subject to separate proffer agreements, the developments will have the same property management company but will function independently. • Franklin Group Companies, LLC intends to incorporate the 2.3-acres gained from the church property into the existing 6.26-acre property to the west, resulting in a total of 8.56 acres. • As indicated by the applicant and as depicted on the Conceptual Site Plan, the additional 2.3-acres will include the existing stormwater pond that will be upgraded to serve both the church and the multi -family Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 2 of 55 development, as well as one additional three-story building consisting of 24 dwelling units. With the additional units, the overall number of dwelling units will increase from 176 previously approved, to 200. • As stated previously, the multi -family development will include a Workforce Housing (WFH) component. As allowed by Section 2106 of the Zoning Ordinance, the dwelling unit density in the Workforce Housing Overlay District may be increased by a maximum of 30 percent over the density allowed by the underlying zoning district, subject to the conditions in Section 2106. One such condition requires at least seventeen (17) percent of the total number of dwelling units be designated as workforce housing units. • Density Calculation: • The maximum units permitted under A-18 would result in an overall density of 17.9 units per acre. With the workhouse housing bonus, 46 additional units would be allowed, increasing the overall density to 23.4 units per acre. • While not proffered, the applicant estimates the number of bedrooms for this development as follows: • Of the 200 units proposed for this development, 77 units, or 38.5%, will be included within the Workforce Housing program, exceeding the minimum requirement of 17%. The Workforce Housing units will include 39 one -bedroom, 33 two -bedroom, and 5 three -bedroom units. The maximum affordable monthly rents for the Workhouse Housing units are not set by the developer; rather, they are determined by the Housing Advisory Board (HAB), overseen by the Department of Housing & Neighborhood Preservation. When establishing the maximum affordable rents, the HAB utilizes data from the U.S. Department of Housing & Urban Development (HUD). To ensure the rents are in alignment with the most recent data, they are not established for a WFH project until the project is nearing completion, and the units will be available for rent. • The site will be comprised of seven buildings: one clubhouse with a height of 32 feet 7 inches, and six multi -family residential buildings. Four of the residential buildings, located closer to Princess Anne Road, will be three stories, a maximum height of 48 feet, while the other two residential buildings, situated closer Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 3 of 55 to George Wythe Drive (towards the rear of the site) will be four stories, with a maximum height of 55 feet. Since the A-18 Apartment District limits building height to 35 feet, the applicant is seeking a deviation from this restriction through the provisions of Section 107(i) of the Zoning Ordinance to allow for a maximum building height of 45 feet for the proposed 3-story buildings and a maximum of 55 feet for the proposed 4- story buildings. • The proffered plan proposes a variety of amenities to include an outdoor swimming pool, as well as a clubhouse with a fitness center. Grilling stations may also be provided; however, the specific details will be finalized during the final site plan review process. • The main entrance for the development is proposed from George Wythe Drive. Only an emergency access point is proposed from Princess Anne Road, as this segment of the roadway is designated as access - controlled in the City's Comprehensive Plan and Master Transportation Plan. • As with the previously approved application, a deviation to the required 30-foot front yard setback from George Wythe Drive is requested. The proffered Concept Plan depicts a 20-foot setback from George Wythe Drive. • Since this property is partially located within the Interfacility Traffic Area (ITA), the applicant appeared before the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA CAC) on May 1, 2025, to brief the Committee on the proposal. The Committee found the proposal to be inconsistent with the surrounding area, specifically related to the proposed density and building heights, and as such voted to oppose the proposal by a recorded vote of 7 to 2. • The applicant appeared before the Joint Review Process (JRP) Group to discuss the proposed project on May 16, 2025. The JRP Group finds the proposal to be in compliance with Article 18 of the Zoning Ordinance. Details of the JRP's findings are provided in the Evaluation Section of this report. • A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum required parking spaces when a significant number of patrons are expected to arrive on foot, by public transportation, or by bicycle. Although a development of this size would typically require 363 parking spaces, the study supports the proposed 329 spaces (a ratio of 1.65 spaces per unit) will adequately serve resident needs. Additionally, 11 bicycle parking spaces are required and will be provided, six of which will be covered. The Parking Study Determination Letter can be found on pages 23 and 24 of this report. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 4 of 55 # Request CRZ (AG-1 & AG-2 to Conditional A-18 w/WFH Overlay) Approved 10/17/2023 1 MDP Approved 10/17/2023 MDP Approved 10/17/2023 CUP (Automobile Service Station) Approved 2 12/13/2022 MDP Approved 12/13/2022 3 CRZ (B-2 to A-18) Approved 01/07/2020 MDC Approved 09/06/2016 MDC Approved 05/24/2011 4 MDC Approved 02/12/2008 CUP (Religious Use) Approved 12/03/1996 MDC Approved 09/27/1994 CUP (Religious Use) Approved 10/26/1993 5 CRZ (AG-1 to A-18) Approved 07/08/2014 CUP (Religious Use) Approved 06/10/1997 CUP (Automobile Service Station) Approved 05/10/2011 6 MDP Approved 05/10/2011 CUP (Automobile Service Station) Approved 03/27/2007 MDP Approved 03/27/2007 CUP (Recreational Facility) Approved 7 02/03/2009 CUP (Outdoor Recreational Facility) Approved 05/27/1997 CRZ (AG-1, AG-2, B-1 to B-2) Approved 8 06/08/2004 CRZ (AG-1 to B-1) Approved 02/02/1978 9 CUP (Transmission Facility) Approved 09/22/1998 10 SVR Approved 10/13/1992 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 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 5 of 55 In Staff's opinion, these requests for a Modification of Conditions to remove 2.3 acres from the current Conditional Use Permit associated with Turning Point Church and Ministries, formerly known as Agapae International Church, a Modification of Proffers to separate the proffer agreement applicable to the initial phase of Southern Pine Apartments (reverting to the original proffers) and the subsequent phase; and a Conditional Rezoning of 8.56 acres from Conditional A-18 Apartment District and AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District for the construction of up to 200 multi -family dwelling units within a designated Workforce Housing Overlay are acceptable. Since this property falls within the Princess Anne Commons planning area and partially within the Interfacility Traffic Area, Staff has evaluated the proposal to determine its compliance with the Comprehensive Plan. While the ITA Plan states that for the most part, residential density within the ITA should be limited to one unit per 15 acres for residential development (page 16), the plan also recommends that residential growth should be concentrated around existing developed areas including the Municipal Center and Princess Anne Commons (page 5). The Comprehensive Plan prioritizes strengthening the development nodes along the Princess Anne Corridor, noting that more dense development should remain clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons. The Plan further recognizes the benefit of incorporating residential uses outside of the AICUZ to create vibrant, mixed -use districts where people can live, work, and recreate within walking distance to services and gathering spaces. Two key nodes, referred to as "Initiative Areas" in the ITA Plan, are the Historic Princess Anne Center and the Municipal Center, both of which are in close proximity to the subject site. One of the key recommendations of the ITA Plan for the Municipal Center is the need to introduce a mix of residential units into the district to enliven the complex, create a consistent pedestrian network, and provide attainable housing for City workers. The ITA plan calls for multi -family residential within the core of the Municipal Center along George Mason Drive. While the ITA Plan recommends a maximum density of up to and no more than one dwelling unit per 15 acres, the policies of the ITA Plan encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center, where infrastructure is available and the AICUZ allows for such development. As previously noted, Turning Point Church and Ministries also seeks to modify its existing Conditional Use Permit for a Religious Use in order to sell a portion of its property. The proposed modification would reduce the church's boundary from approximately 9.13 acres to 6.83 acres. While this represents a decrease of 2.3 acres, the revised lot size will still comply with Section 240.1 of the Zoning Ordinance, which requires a minimum lot area of 3 acres for Religious Uses. Even with the decrease in acreage, the church's remaining property will exceed this minimum requirement by approximately 3.38 acres, ensuring full compliance with existing zoning regulations. Additionally, Keelingwood Apartments, LLC is proposing a Modification of Proffers to separate the proffer agreement applicable to the initial phase of Southern Pine Apartments, ultimately reverting to the original proffers. In 2023, 6.26 acres were incorporated into the existing multi -family development to accommodate 176 additional units. By excluding the Southern Pine Apartments from this proposal, the site will be considered Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 6 of 55 and proffered as a standalone development. Under the previous application, density was calculated in combination with Southern Pine Apartments, resulting in an overall density of 18.94 units per acre. By incorporating the additional 2.3 acres, the applicant is able to enhance the overall site layout by allowing for greater separation between buildings, the inclusion of additional green space, improved vehicle flow throughout the site, and the integration of an existing Best Management Practice (BMP) facility to address stormwater. This BMP will provide stormwater management benefits for both the proposed development and the adjacent church property to the east. The submitted Concept Plan includes one two-story clubhouse, four three-story apartment buildings, and two four-story apartment buildings. The A-18 Apartment District permits a maximum building height of 35 feet. However, the proposed three-story buildings are 48 feet tall, and the four-story buildings reach 55 feet, exceeding the height limit on the site by up to 20 feet. The applicant is requesting that this height increase be considered under the provisions of Section 107(i), which states: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions ... otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. As with the previously approved application, attention was given to preserving the viewshed along Princess Anne Road. The buildings facing the road are limited to three stories in height. To further minimize visual impact, the applicant is proposing a three-foot berm enhanced with landscaping to provide additional screening. Based on Staff's analysis, the reduced height and proposed berm are not expected to negatively affect adjacent properties. The applicant has submitted visual renderings from the perspective of Princess Anne Road, which are included in this Staff Report. Along with the request for increased building height, the applicant is also seeking a reduction in the required setback from George Wythe Drive —from 30 feet to 20 feet, as a portion of the 4-story building closest to George Wythe Drive encroaches in the required 30-foot setback. According to Section 107(i) of the Zoning Ordinance, City Council may approve such dimensional modifications if good cause is demonstrated, and it is determined that the change will not significantly impact surrounding properties. The project fronts both George Wythe Drive and Princess Anne Road, and in Staff's view, the requested setback reduction is not anticipated to adversely impact the surrounding area. Approximately 2.79 acres of the 8.56-acre site is located within the Interfacility Traffic Area. The applicant appeared before the TA/ITA CAC on May 1, 2025, to share details of the proposal. While a few members of the Committee found the current proposal to be an improvement from the plans approved in 2023, specifically related to the reduction in the number of four-story buildings, improved site circulation and parking layout, and addition of more green space, the majority of the Committee agreed that the proposal still does not conform with the vision for this area nor does it adequately address concerns raised by the Committee regarding stormwater management, increased traffic, density, height of buildings and parking. As such, the Committee voted to oppose the proposal. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 7 of 55 The applicant also appeared before the Joint Review Process (JRP) Group to discuss the project on May 16, 2025. Section 1806 of the Zoning Ordinance states that residential development within the limits of the ITA shall not exceed a density of 1 dwelling per 15 acres. As Section 200 of the Zoning Ordinance does not expressly prohibit the inclusion of land within the ITA when calculating density and all apartment units are proposed outside the limits of the ITA, the JRP Group determined that the subject request conforms with the standards set forth in Article 18 of the Zoning Ordinance. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle." As required, the Zoning Administrator determined that while 363 spaces are typically required for a multi -family development of this size, the final parking ratio of 1.65 spaces per unit and the reduction to the minimum number of required parking spaces from 363 to 329 spaces is justified. The site is within a half -mile distance of shopping centers, retail establishments, and parks, all of which are connected via sidewalks and a shared multi -use path. In addition, the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront. More detailed information can be found in the parking study determination letter provided on pages 23 and 24 of this report. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the current student enrollment. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy to serve both the church and the multi- family development. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with 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 these requests, subject to the proffers and conditions listed below. 1. All previous conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008, May 24, 2011, and on September 6, 20216 shall be deleted and replaced with the following conditions below. 2. Upon removal of 2.3 acres from the site, the total lot area designated for the Religious Use shall be 6.83 acres. 3. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the site layout entitled "Site Layout for Turning Point Church and Ministries, dated May 27, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 8 of 55 4. Within no less than 24 months from the date of City Council Approval, the church shall remove the temporary access along Princess Anne Road and install the necessary improvements (curb & gutter, etc.) and access to the Church shall be from George Wythe Drive. 5. One portable modular structure shall be allowed for a period of five (5) years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition 1 above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under -carriage of the unit. The skirting shall be adequately maintained and shall not fall into a state of disrepair. c. Foundation landscaping, consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 6. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. 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 Proffer Amendment is hereby terminated and of no further force and effect. Proffer The Southern23 Property is no longer subject to the Original Proffers or the Proffer Amendment. Proffer Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Keelingwood Property. 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. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 9 of 55 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE SILO, Conceptual Development Plan", dated April 1, 2025, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the four sheet exhibit prepared by Cox, Kliewer & Company, P.C., entitled "The Silo at Southern Pine" and dated April 1, 2025 (the "Elevations"), 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 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred (200). Not less than thirty-eight (38) percent of the total number of residential units developed on the Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. Proffer 4 Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "THE SILO, Conceptual Landscape Plan", and dated April 1, 2025 (the "Landscape Plan"), 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. The exact species of the various types of landscaping shall be determined at final site plan review. Proffers The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 10 of 55 Proffer 6 The community identification sign(s) on the Property shall be a monument -style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 7 The minimum setback from George Wythe Drive applicable to the buildings developed on the Property will be twenty feet (20') in lieu of the thirty feet (30') otherwise required under Section 602(d)(3) of the Zoning Ordinance. Proffer B The multifamily residential buildings on the Property, when developed, may be up to fifty-five feet (55') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 604(a) of the Zoning Ordinance 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 designates the subject property as being located partially within an area designated as the Interfacility Traffic Area / Princess Anne Commons Special Economic Growth Area (SEGA 4). The Princess Anne Commons area of the City offers unique education, entertainment, recreation, habitat preservation, and quality economic development opportunities." (p. 1-102, Comp Plan Policy Document). The Interfacility Traffic Area & Vicinity Master Plan focuses on conservation and preservation of sensitive uses, amenities for residents, employment, municipal services, and recreation. More dense development remains clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons" (p. 1-60, Comp Plan Policy Document) More specifically, the subject site lies within the Historic Princess Anne Center, which includes the Virginia Beach Municipal Center / Court Complex, the Princess Anne Historic and Cultural Zoning Overlay District, and the surrounding area. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial, and open spaces to complement the form and function of the municipal center, court complex, and historic district. Planned land uses, both public and private, should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel, and institutional uses. The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 11 of 55 Project Stormwater Design Staff Summary This project consists of the construction of 200 apartment units within 6 buildings, a clubhouse building, and a parking area. In addition to the lots, this project will include associated right-of-way improvements and stormwater management facilities to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions, towards the public drainage system in Princess Anne Road, and towards the existing Southern Pine Apartments wet pond. Stormwater runoff from the proposed buildings and surface parking lot will. be collected into underground storage chambers that will treat for water quantity before discharging into the existing Southern Pine Apartments wet pond. The existing wet pond that currently serves the adjacent church property to the east will also be retrofitted and expanded to treat water quality and water quantity from portions of this development. The retrofitting and expansion of the existing wet pond, StormTech Isolator Row Plus and other Manufactured Treatment Devices will be used for water quality pollutant load reduction requirements. The adjacent church parcel to the east will continue to drain through the existing wet pond and private drainage easements will be provided. Based on the information provided by Timmons Group 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: 10.01 acres Pre -Development impervious area: 0.50 acres Post -Development impervious area: 6.20 acres Stormwater Management Facility Design Information Type of facility proposed: Underground storage chambers, isolator row plus, wet pond Description of outfall: Stormwater runoff from the site that enters into the Stormwater Management Facilities will discharge directly into the existing Southern Pines Apartments wet pond or towards Princess Anne Road. Downstream conveyance path: The southern portion of the site is part of the Upper North Landing River Drainage Basin and the northern portion of the site is part of the Upper West Neck Creek Drainage Basin. Drainage from the southern portion of this site drains through a series of interconnected ponds on the Virginia Beach National Golf Club, through roadside ditches to Salem Canal, into the North Landing River. Drainage from the northern portion of the site drains north into West Neck Creek and into the North Landing River. The North Landing River ultimately drains into Back Bay, through the Currituck Sound and into the Atlantic Ocean. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 12 of 55 Traffic Counts Street Name Present Volume Present Capacity Generated Traffic 39,700 ADT 1 Princess Anne Road 341500 ADTI (LOS ° "D") Existing Land Use 2- 0 ADT Existing Approved (176 units) z —1,106 ADT 1 3 ADT Nimmo Parkway 17,300 ADT1 (LOS a "D") LOS Proposed Land Use 3-1,257 ADT 1 Average Daily Trips 2As defined by an approximately 8.7 acres of vacant land zoned Conditional A- 18 and AG-1 & AG-2 'As defined by 200 multi -family dwelling units 'LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road and Nimmo Parkway are both four lane suburban major arterials, and according to the Comprehensive Plan, Princess Anne Road in the vicinity of this project is considered an access -controlled roadway, which mean no private direct access is allowed. There are no CIP projects scheduled for either Princess Anne Road or Nimmo Parkway in the vicinity of this application. Active Transporation Plan The 2021 Active Transportation Plan calls for a 10-foot-wide asphalt or concrete Shared Use Path along this section of Princess Anne Road, identified as the Princess Anne South Trail. Water The proposed development must connect to City water from George Wythe Drive. Details to be worked out during resubmittal of the site plan. There is a 12-inch City water man along George Wythe Drive and a 20-inch City water (transmission) main along Princess Anne Road. Sewer The proposed development must connect to City sanitary sewer from George Wythe Drive. Gravity sewer must be provided to the limits of the parcel on the west side of the site (GPIN 1494-54-2909). Details to be worked out during resubmittal of the site plan. There is an eight -inch City sanitary sewer gravity main along George Wythe Drive and an eight -inch City sanitary sewer main along Princess Anne Road. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 13 of 55 School Current Enrollment Capacity Generation 1 Change' North Landing Elementary 451 students 495 students 30 students 30 students Landstown Middle 1,267 students 1,415 students 11 students 11 students Kellam High 1,875 students 2,093 students 17 students 17 students 1 "Generation" represents the number of students the development will add to the school. z "change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Planning Commission • The applicant indicated that they met with the Transition Area/Interfacility Traffic Area Citizens Advisory Committee and contacted the leadership of Christopher Farms Phases I, II, and III to share information and extend an offer to meet. • 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 24, 2025 and July 1, 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 23, 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 July 3, 2025. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 14 of 55 O N THE SILO _ 04 EeaE E.m Conceptual Development Plan -April 1, 2025 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. c (D rD �r �. VA BEACH LANDSCAPE REQUIREMENTS PARKING LOT INTERIOR CALCULATIONS' 0 30 5E PANTED AREA PER PARKING SPACE RECILOWD 0 • • NV _( I o � b ' PARKING LOT INTERIOR COVERAGE REQURED 9 97y 0 ¢ U V ll__.. I(�1 / (rU J _ 00 SF X 329 PARKING SPACES) � �PARKING LOT INTERIOR COVERAGE PROVrDED. 16,753 5F o • o {E ,'',�4j • • i` �� [Z uJ + - PARKING LOT INTERIOR TREE OUANTP REQUIRED: 66 TREES y I 19,870 SF COVERAGE RED 150 SF PUNTED AREA) UCiQ PARKING LOT INTERIOR TREE QUANTITY PROVIDED 66 TREES 0 fit 4 r-r , 1 • I r rD i 21Z rD Quo[,v r o ,. I I � t � _ jj r� I ;Io��►, �, L3 CONCEPT PLANT SCHEDULE G9y o mIN.'ros,+':rpM,,.nvww (D OM•w Mu i6:9 mEOY �w J ( II I h2Nan rmr'bW Gxc'; l9pe Cw.lo•'+�Z a{�;_ r N B ®FROTREES ^� ~ Y i' f ' V +- • � D 0 FRONTAGE JwIHRR,�.Erm I — ,, lam---- DQ I— DYM�KeRnsm.'b�Hmhlm•t �� r n20 O�w yw+SMm r0► J �:. FLaMINGTREE6 - - - - T1 � s+:, Raw.. hA.RR:rm.'•o.n ., .. . ., y J� SIGNAGE PLANTINGS — A-•v�r>—ravnoilNMN,<W 04ry NAY �CS'i�� � I. a-,,. �• � O,m+Mni.b�a.o�Y�•+rCe�re.,.Arn Orr .. �.r� ... ,. 'V -�. �� I Rou. Tn• OR Rcw T1 D G) ((DD o PROMAGE SIPob6 .. -_-- 0 70 .=H o - -. - �m3 � THE SILO •'����'• Q' ry F Conceptual Landscape Plan -April 1, 2025 TIMMONS GROUP Q YOUR VISION ACHIEVED THROUGH OURS. —iV Ln r Ln w n Proposed Building Elevations The Silo at Southern Pine Prepared By: Cox, Kliewer & Company. P.C. AprH 1, 2025 r7 n j& 41& n 17 The Silo at Southern Pine Buildiniz Side Elevation Building Materials & Height (D m - r Silo at soU&M Pi Prepared By: Cox. Kieuer & Oc --any. P.C. Aril :. 202c 4 0 1. Brick Masonry 4. Interior Color Palette 2. Asphalt Shingle 5. Vinyl Lap Siding 3. Metal Architectural 6. Cementitious Panels Roof 3-Story Apartment Height: 48'-0" • 4-Story Apartment Height: 55'-0" Clubhouse Max Height: 32'-7" © _ 6 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 18 of 55 -1, Architectural en ing a o > e,aht is wM .. 'law Wr Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 19 of 55 Outdoor _ ns ■ ■ ■■11ti! , ,, " Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 20 of 55 Proposed Renderings 11 11-: d PI� Clubhouse Front Outdoor Amenity Area - Pool & Grilling ."W-1A _1 h 1- ��- PI IIIIIIIIIIIIIIIIIIIIIIII►����!����- ::�. Proposed Stree Frontage Landscaping f OMIY �b 4 ,Existing Church Building r� l Existing Parking ; Proposed Foundation Planting Existing Port Unit Site Layout forTurning Point Church and Ministries May 27, 2025 Trustees forTurning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 22 of 55 CITY OF VIRGINIA BEACH May 19, 2025 PLANNING & COMMUNITY DEVELOPMENT Timmons Group Attn: Steve Schmidt, PE, PTOE, AICP 7053 Celebration Park Avenue Suite 300 Richmond, VA 23225 ZONING DIVISION planning.virginiabeach.gov 2403 Courthouse Drive, Building 3 Virginia Beach, VA 23456 Re: Parking Determination - The Silo Project, (Parcel GPINs 14945468420000, portion of14946414570000) Mr. Schmidt, This letter is in response to your request for an administrative reduction to the parking requirement for the proposed Silo project. Section 203 (b)(11) of the Zoning Ordinance allows the Zoning Administrator to determine the final parking ratio or reduce the minimum required parking with the submittal of a parking study. I have reviewed the submitted parking study dated March 27, 2025, and titled "The Silos Parking Analysis," and have approved the parking reduction as specified in the study. Considerations of the approval are shown below. • The proposed Silo project is a multi -family development consisting of 200 units. The required parking per section 203 (a) of the ordinance is 363 spaces (2 spaces for the first 50 units, and 13/4 spaces for every unit thereafter). The associated parking ratio is • 1.82 spaces per unit. • The approved reduction in parking is for 329 spaces. The associated parking ratio is • 1.65 spaces per unit. This constitutes a reduction of 34 space, or 9.4 percent of the required parking. • Pedestrian and bicycle facilities are provided along Princess Anne Road, directly adjacent to the site, and along Nimmo Parkway. These facilities provide access to the VB Municipal Complex and several shopping areas within a few miles of the site. • The site is located along route 33 of the Hampton Roads Transit (HRT) bus service. The closest bus stop is located approximately 100 feet south of the site on Princess Anne Road. The bus route provides access from Tidewater Community College to the Oceanfront. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 23 of 55 Based on the information provided in the submitted parking study, The Silo project as presented is approved for 329 spaces or a ratio of 1.65 spaces per residential unit. Any significant changes to the development plan, number of residential units, or number of parking spaces provided will void this approval, in which case a new parking study must be submitted for review. If I can be of further assistance, please contact me at (757) 385-4621 or by email at kpkemp@vbgov.com. Sincerely, Zoning Administrator, City of Virginia Beach Cc: Robert P. Beaman 111, Esq., Troutman Pepper Marchelle Coleman, Planning Evaluation Coordinator Victoria Eisenberg, Deputy City Attorney Kaitlen Alcock, Planning Administrator Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 24 of 55 Site Photos .74 YMM; woo.A 4 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 26 of 55 Site Photos jfjw,s . � c i �� _ .#,, C' ',fit, Kr ��' �'�'! ��.a.aLF•u�.tk�i , . . ,��fir►: 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 Hearts*e Reyno$ds, Portia McGraw. Sharon McPherson, Edward Thomas & P.onala Hayes Applicant Name: as listed on application as Trustees for Turning Point Church and Ministries Is Applicant also the Owner of the subject property? YesQ 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: James T. Cromwell - Sykes, Bourdon, Ahem & Levy Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNo(:) !f yes, list the names of all officers, directors, members, or trustees below AND businesses that have a )arent- subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thorras & Ronald Hayes )oes the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Franklin Group Companies, a Virginia limited liability company 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 andjor 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, Q Atlantic Union Bank cross-collateralization, etc. Real Estate Broke r/Agent/Reaitor Prodigy Realty - Joshua Britt Disclosure Statement I rev. M a y-2024 page 1 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 28 of 55 /\Whom la N1MGCaKB%-01 i-A-FI-MMIMACM2 SERVICE YES NO SERVICE PROVIDER Name entity and/or individual 0 O AccountinglTaxReturn Preparation Architect/Designer/Landscape 0 `. Architect/Land Planner 0 C Construction Contractor O CO) -Engineer/Surveyor/Agent Legal Services Q O I Sykes, Bourdon, Ahern & Levy - James T- Cromwell 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. .Heartsille Reynolds [HZ ti?lle key, Our 05/22/25 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. 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, (n) 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): 06/17/2025 Marchelle L. Coleman 06/17/2025 Staff Name (Print) Staff Signature Date Dbdosure Statement I rev- May-2024 page 2of3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 29 of 55 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 Heartsille Reynolds, Pona McGraw. Sharon McPherson, Edward Thomas & Ronald Hayes Applicant Name: as listed on application as Trustees for Turning Point Church and Ministries Is Applicant also the owner of the subject property? Yesl�) No() ►f no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yesc No0 ►f yes, name Representative: James T. Cromwell - Sykes, Bourdon, Ahem & Levy 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 varent- subsidiary' or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Trustees: Hearlsile Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes • No ►f yes, name proposed or pending purchaser: Franklin Group Companies, a Virginia limited liability company 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& 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 andlor 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 Atlantic Union Bank Real Estate Broker/Agent/Realtor 0 Q Prodigy Realty - Joshua Britt Disclosure Statement I rev. May-2024 page 1 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 30 of 55 NMtbpm ID: MIEEFFS"C36- 0I7-A-F1-CUD3Mh.62 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Nome entity and/or individual Accountin axRetum Preparation 0 Architect/Designer/Landscape Architect/Land Planner `��J Construction Contractor 0 0. Engineer/Surveyor/Agent O Legal Services Q I C) Sykes, Bourdon, Ahern & Levy -James T. Cromwell 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. —.1.,1 . Portia McCraw FPO,-tiPL Mcemw 05/21/25 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 N 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 (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): 6/17/2025 Marchelle L. Coleman 6/17/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev- May-2024 page 2 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 31 of 55 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 INFORNI[ATION Heartsille Reynolds, Portia McGraw. Sharon McPherson, Edward Thomas & Ronald Hayes Applicant Name: as listed on application as Trustees for Turning Point Church and Ministries Is Applicant also the owner of the subject property? Yes(j) No© If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? YesQ No0 if yes, name Representative: -lames T. Cromwell - Sykes, Bourdon, Ahem & Levy Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a varent- subsidiary 1 or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Trustees: Heartside Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Franklin Group Companies, a Virginia limited liability company 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 NoQ 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 andjor 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 atlantic Union Bank Real Estate Broker/Agent/Realtor Q Prodigy Realty - Joshua Britt Disdosire Statement I rev_ May-2024 page 1 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 32 of 55 .�mUn ID: EF6A5E6F-9C35-FU1 t-A§1-003A A9962 SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 CO) Architect/Designer/Landscape Architect/Land Planner O Construction Contractor //�-� 0 e En ineer/Sure or/A ernt 0 Q Legal Services �J 0 Sykes, Bourdon, Ahern & Levy - James T. Cromwell APPLICANT CERTIFICATION READ: i certify that ail 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. Sharon MacPherson S(ph jt%�PiS'Oh 06/03/25 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, (u) 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): 6/17/2025 Marchelle L. Coleman Staff Name (Print) Disdosure Statement I rev. M a y-2024 Staff Signature 6/17/2025 Date page 2 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 33 of 55 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 Heartsille Reynolds, Portia McGraw, Sharon McPherson. Edward Thomas & Ronald Hayes Applicant Nary: as listed on application as Trustees for Turning Point Church and h4inistrtes Is Applicant also the owner of the subject property? Yese• Noe if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? YesQ Noe if yes, name Representative: James T. Cromwell - Sykes, Bourdon, Ahem & Levy Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yest�j• Noe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a oarent- subsidiary 1 or affiliated business entity 2 relationship with the opplicant. (Attach list if necessary.) Trustees_ Hearlsile Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Franklin Group Companies, a Virginia limited liability company 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? Yese Noe 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, d Q Atlantic Union Bank cross-collateralization, etc Real Estate Broker/Agent/Realtor o o Prodigy Realty - Joshua Britt Disclosure Statement I rev. May-2024 page l of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 34 of 55 NO-ft9 t ID' 9BL4FA0&' 836-Po11-15Ft "MAMQ96; SERVICE YES NO SERVICE PROVIDER 'Name entity and/or individual c) 00, AccountingfTaxRetum Preparation Architect/Designer/Landscape O Architect/Land Planner T Construction Contractor `J 0 T Engineer/Surveyor/Agent Legal Services 0 (D Sykes, Bourdon, Ahem & Levy - James T. Cromwell 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. Edward Thomas Applicant Name (Print) Applicant Signature 05/23/25 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 entit)6 (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 same 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): 6/17/2025 Marchelle L. Coleman Staff Name (Print) Staff Signature Disclosure Statement I rev_ May-2024 6/17/2025 Date page 2 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 35 of 55 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 andjor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANT INFORMATION I feartsilte Reynolds, Pony McGraw, Sharon McPherson. Edward Thomas & P.or.ald Hayes Applicant Name: as listed on application as Trustees for Turning Point Church and Ministries Is Applicant also the Owner of the subject property? Yese Noo ►f no, Property Owner must complete SECTION 2: PROPERTY Ole✓NER DISCLOSURE (page 3). Does Applicant have a Representative? YesC*, NoO ►f yes, name Representative: James T. Cromwell - Sykes, Bourdon, Ahem & Levy Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yest-eNol�} if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a garent- subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Trustees: Heartsile Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes 3oes the subject property have a proposed or pending purchaser? YesCO)No If yes, name proposed or pending purchaser: Franklin Group Companies, a Virginia limited liability company 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 NoQ 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 andjor 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, Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Prodigy Really - Joshua Britt Disclosure Statement I rev. May-2024 pale i of Trustees for Turning Point Church & Ministries, Kee Iingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 36 of 55 ♦c9xnt6q� 10' L'S98EL't�036fi1t 7#Fi�L°O3RBA9%: SERVICE YES NO SERVICE PROVIDER Name entity and/or individual' Q AccountinglTax Return Preparation Architect/Designer/Landscape LJ Architect/Land PlannerJ Construction Contractor 0 Engineer/Surveyor/Agei it 0 0 Legal Services O Q Sykes, Bourdon, Ahern & Levy - James T. C on-weil 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. Ronald Hayes Ll/q 05/22/25 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, (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 dose 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) 6/17/2025 Marchelle L. Coleman Staff Name (Print) Staff Signature Disclosure Statement I rev. M a y -2024 6/17/2025 Date page 2 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 37 of 55 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 Keelingwood Apartments, LLC Is Applicant also the Owner of the subject property? YeskV Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes(F) No0 if yes, name Representative: Robert P. Beaman III - Troutman Pepper Locke 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 Darent- subsidiary' or affiliated business entity' relationship with the applicant. (Attach list if necessary.) See attached list. 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 Nok if vp� nnma the nffirial or emolovee. 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.) @ ® AGM Financial Services, Inc. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 38 of 55 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O 4 Architect/Designer/Landscape Architect/Land Planner O Q Construction Contractor 0 4 Engineer/Surveyor/Agent o 0 Legal Services Q Robert P. Beaman III - Troutman Pepper Locke 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 o committee in connection with this application. Keelingwood Apartments, LLC BY Mi/. T44ey- Applicant Name (Print) Ap scant 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. 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 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): 6/17/2025 Marchelle L. Coleman 6/17/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 39 of 55 SECTION-•- OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Keelingwood Apartments, LLC Is the Owner 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 2 relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes 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 `J 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 NO SERVICE PROVIDER Name entq and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) O ® AGM Financial Services, Inc. _ Real Estate Broker/Agent/Realtor O G) Accounting/Tax Return Preparation O G) Architect/Designer/Landscape Planner ® G)Architect/Land Construction Contractor © 0 Engineer/Surveyor/Agent O G Legal Services Q ® Robert P. Beaman III - Troutman Pepper Locke 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 committ a in connection with this application. Keelingwood Apartments, LLC / BY: W,'Tlklw( F9"KLA1 i --- 4'I.2ez,5- Property Owner Name (Print) ProqZrty Owner signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 40 of 55 Keelinewood Aaartments, LLC Owner Disclosures The names of all officers, directors, members, or trustees AND businesses that have a parent - subsidiary or affiliated business entity relationship with the owner. 1. Owner's Name: Keelingwood Apartments, LLC, a Virginia limited liability company 2. Managers of Keelingwood Apartments, LLC: a. Wendell C. Franklin b. W. Taylor Franklin 3. Members of Southen23 LLC: a. Wendell C. Franklin b. W. Taylor Franklin C. Stephen W. Cooper d. Thomas M. Johnston e. MDCsouthempine, L.L.C. (A) List the businesses that have a parent -subsidiary or affiliated busincss entity relationship with the Applicant: a. Franklin Group Companies, LLC (formerly known as Franklin Johnston Group Management & Development, LLC) b. FGC Canopy Outparcel, LLC C. Southem23, LLC d. TFJG Canopy, LLC e. 925 Apts. I, LP f. 925 Apts, II, LP g. F & J Developers, LLC h. Shorehaven Developers, LLC i. Pickett Farms Developers, LLC j. GreenPlain Properties, LLC k. Aquia Apts., LLC 1. Aquia GP, LLC m. Aquia Developers, LLC n. Kellingwood Apartments, LLC o. Franklin Johnston Associates, LLC p. Southern Pine One, LLC q. Quill Developers, LLC 1. South Riding Apts LP m. South Riding GP, LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p, Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP S. Fountain Park GP, LLC t. South Riding II LP U. South Riding II GP, LLC Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 41 of 55 V. SLN 5100 LP W. SLN 5100 GP, LLC X. Heritage Forrest 11 GP, LLC y. I Square Apartments LP Z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP, LLC cc. Pickett Farms Apts LP B: Pickett Farms GP, LLC gg. Quill GP, LLC hh. River house Apts., LLC ii. Shorehaven Apts LP y. Shorehaven GP, LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP oo. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC ff. TFJG Price Street Apts. 1, LP ss. TFJG Price Street GP I, LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I, LLC vv. Renaissance Apts. GP H, LLC ww. Renaissance Apts. 11I, LLC roc. Renaissance I Developers, LLC yy. Renaissance 11 Developers, LLC zz. Renaissance Apts. 1, L.P. aaa. Renaissance Apts. 11, L.P. bbb. TFJG Wesleyan Holdings, LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. 11, LP fff. TFJG Price Street GP 11, LLC ggg. Clairmont Associates 1, LP hhh. Clairmont Associates 11, LP iii. Clairmont Associates I GP, LLC b. Clairmont Associates GP II, LLC kkk. Franklin Asset Management 111. Curlew Apts. 1., LP mmm. Curlew Apts. GP 1, LLC nnn. Summerland Heights II, LP 000. Summerland Heights 11 GP, LLC Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 42 of 55 SECTION-•- OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Southem23, LLC Is the Owner 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 entity 2 relationship with the applicant. (Attach list if necessar . See attached list. Does the subject property have a proposed or pending purchaser? Yeso No® If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company 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 Q 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 NO SERVICE PROVIDER Name entity and/or individual _ Financing (mortgage, deeds of trust, cross-collateralization, etc.) O ® TowneBank Real Estate Broker/Agent/Realtor 0 Q' Accounting/TaxReturn Preparation ® E) Architect/Designer/Landscape Architect/Land Planner ® O Construction Contractor o _ Engineer/Surveyor/Agent ® 0 Legal Services Q © Robert P. Beaman III - Troutman Pepper Locke 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 o comr ee in connection with this application. Southern23, LLC /J BY: Vy jCti �lcr FCC nt�t r _ i i" S'il(zr Property O ner Name (Print) Pro rty Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group^Companies, LLC Agenda Items 1, 2, & 3 page 43 of 55 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 oaalicotton Franklin Group Companies, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yese Noo If yes, name Representative: Robert P. Beaman III, Esq. - Troutman Pepper Locke LLP Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YeseNoO If yes, list the names of a/l officers, directors, members, or trustees below AND businesses that have a )anent- subsidiary' or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) See attached list. )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? Yes© Noe 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 e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O G) Disclosure Statement I rev. May-2024 page 1 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 44 of 55 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation ® G Architect/Designer/Landscape Architect/land Planner O ® Cox, Kliewer a Company - Herb Shartle Construction Contractor © 0 Engineer/Surveyor/Agent 0 1 O Ti'mmons C,__F"cTok" 2CW5k, Legal Services Q 1 0 Robert P. Beaman III Esq. Troutman Pepper Locke 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. FRANKLIN GROUP COMPANIES. LLC f BY �) i n�41 �-71 / Z -S Applica t Name (Print) App cant Signature Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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 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): 6/17/2025 Marchelle L. Coleman Staff Name (Print) Disclosure Statement I rev. May-2024 Staff Signature 6/17/2025 Date page 2 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 45 of 55 SECTION-•- OWNER DISCLOSURE PROPERTY OWNER 41FORMATION Property Owner Name: eartsllw Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner 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 oarent-subsidiary 1 or affiliated business entity zrelationship with the applicant. (Attach list if necessary.) Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes& Noo If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company 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 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 late ra lization, etc.) & O Atlantic Union Bank Real Estate Broker/Agent/Realtor O Prodigy Realty - Joshua Britt Accounting/Tax Return Preparation 0 & Architect/Designer/Landscape Architect/Land Planner O & Construction Contractor O & Engineer/Surveyor/Agent O G Legal Services & O Sykes, Bourdon, Ahem & Levy - James T. Cromwell 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 wee to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any putou body or ommittee in connection with this a plication. Heartsille Reynolds, Trustee Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 46 of 55 -SECTION-•- OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes, as listed on application Turning Point Church and Ministries_ Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? Yes(F)Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent -subsidiary I or affiliated business entity Z relationship with the applicant. (Attach list if necessary) 'Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes ---------_.---- Does the subject property have a proposed or pending purchaser? YesO No0 If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company 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 NoO 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 NO SERVICE PROVIDER (Name entity and/or individual) _ Financing (mortgage, deeds of trust,' O j 0 Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Prodigy Realty - Joshua Britt 0 Accounting/Tax Return Preparation Architect/Designer/Landscape 0 O Architect/Land Planner 0 O Construction Contractor 0 O Engineer/Surveyor/Agent 0 0 Sykes, Bourdon, Ahem & Levy - James T. Cromwell 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 weeks prior to the meeting of Planning Commission, City Council, VBDA, CSPA, Wetlands Board or any public body or committee i �)rinection with this application. Portia McGraw, Trustee 0M &t,�L r N ,t b 'fi Property Owner Name (Print) v PropertyNowner Signature Disclosure Statement I rev. M a y -2024 Date page 3 of 3 Trustees for Turning Point Church & Ministries, Kee Iingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 47 of 55 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: Heartsille Reynolds, Porte McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesQNo© 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 Z relationship with the applicant. (Attach list if necessary.) Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes(F) Noo If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company 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 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 -co [late ralization, etc.) O O Atlantic Union Bank Real Estate Broker/Agent/Realtor E) O Prodigy Realty - Joshua Britt Accounting/Tax Retum Preparation O Architect/Designer/Landscape Architect/Land Planner O 0 Construction Contractor O 0 Engineer/Surveyor/Agent O Legal Services Q O Sykes, Bourdon, Ahem b Levy - James T. Cromwell 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 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. Sharon McPherson, Trustee NJ✓ Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 48 of 55 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner 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-subsidiary1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) (Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? YesO Noo If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company 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 Q 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 NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, cross-collateralization, etc.) O 0 Atlantic Union Bank Real Estate Broker/Agent/Realtor 0 Prodigy Realty - Joshua Britt Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner 0 O Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services Q 0 Sykes, Bourdon, Ahem & Levy - James T, Cromwell 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 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. Edward Thomas, Trustee I-X'('d - _ A �� 3/Z 3/zo Z.S Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 49 of 55 SECTIONR•- OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas S Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner 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 )arent-subsidiary I or affiliated business entity 'relationship with the applicant. (Attach list if necessary.) Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes(!) NoU if yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company 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 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,i cross-collateralization, etc.) O 0 Atlantic Union Bank Real Estate Broker/Agent/Realtor 0 Prodigy Realty - Joshua Britt Accounting/Tax Return Preparation 0 e Architect/Designer/Landscape Architect/Land Planner © O Construction Contractor 0 Engineer/Surveyor/Agent 0 O Legal Services QQ 0 Sykes, Bourdon, Ahern & Levy - James T. Cromwell 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. Ronald Hayes, Trustee Property Owner Name (Print) Disclosure Statement I rev. M a y -2024 `VZ3125- re Date page 3 of 3 Trustees for Turning Point Church & Ministries, Keel ingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 50 of 55 Re-Zonine Application of Franklin Group Companies, LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc., below: 1. Applicant's Name: Franklin Group Companies, LLC (formerly known as Franklin Johnston Group Management & Development, LLC) 2. Managers of Franklin Group Companies LLC: a. Wendell C. Franklin b. W. Taylor Franklin 3. Members of Franklin Group Companies. LLC: a. Beach One, LLC b. Thomas Christopher McKee (B) List the businesses that have a parent -subsidiary or affiliated business entity relationship with the Applicant: a. FGC Canopy Office, LLC b. FGC Canopy Outparcel, LLC C. Southern23, LLC d. TFJG Canopy, LLC C. 925 Apts. L LP f. 925 Apts, II, LP g. F & J Developers, LLC h. Shorehaven Developers, LLC i. Pickett Farms Developers, LLC j. GreenPlain Properties, LLC k. Aquia Apts., LLC 1. Aquia GP, LLC in. Aquia Developers, LLC n. Kellingwood Apartments, LLC o. Franklin Johnston Associates, LLC p. Southern Pine One, LLC q. Quill Developers, LLC 1. South Riding Apts LP m. South Riding GP, LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p. Belleharbour Apts. LP q. BelleI larbour GP, LLC r. Fountain Park.Apts LP S. Fountain Park GP, LLC t. South Riding 11 LP U. South Riding II GP, LLC V. SLN 5100 LP W. SLN 5100 GP, LLC X. Heritage Forrest II GP, LLC Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 51 of 55 y. I Square Apartments LP Z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP, LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP, LLC gg. Quill GP, LLC hh. River House Apts., LLC ii. Shorehaven Apts LP j. Shorehaven GP, LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP oo. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC ff. TFJG Price Street Apts. I. LP ss. TFJG Price Street GP I, LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I, LLC vv. Renaissance Apts. GP II, LLC ww. Renaissance Apts. III, LLC xx. Renaissance I Developers, LLC yy. Renaissance II Developers, LLC zz. Renaissance Apts. I, L.P. aaa. Renaissance Apts. II, L.P. bbb. TFJG Wesleyan Holdings, LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. IL LP ff. TFJG Price Street GP II, LLC ggg. Clairmont Associates 1, LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC .W. Clairmont Associates GP 11, LLC kkk. Franklin Asset Management Ill. Curlew Apts. I., LP mmm. Curlew Apts. GP 1, LLC mm. Summerland Heights Il, LP 000. Summerland Heights 11 GP, LLC Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 52 of 55 Soatbern23, LLC Owner Diselosares The names of all officers, directors, members, or trustees AND businesses that have a parent - subsidiary or affiliated business entity relationship with the owner. 1. Owner's Name: Southern23, LLC, a Virginia limited liability company 2. Managers of Southern23. LLC: a. Wendell C. Franklin b. W. Taylor Franklin 3. Members of Southen23. LLC: a. Wendell C. Franklin b. W. Taylor Franklin C. Thomas M. Johnston (A) List the businesses that have a parent -subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Group Companies, LLC (formerly known as Franklin Johnston Group Management & Development, LLC) b. FGC Canopy Outparcel, LLC C. Southern23, LLC d. TFJG Canopy, LLC e. 925 Apts. I, LP f. 925 Apts, 1I, LP g. F & J Developers, LLC h. Shorehaven Developers, LLC i. Pickett Farms Developers, LLC j. GreenPlain Properties, LLC k. Aquia Apts., LLC 1. Aquia GP, LLC m. Aquia Developers, LLC n. Kellingwood Apartments, LLC o. Franklin Johnston Associates, LLC p. Southern Pine One, LLC q. Quill Developers, LLC 1. South Riding Apts LP in. South Riding GP, LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p. Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP S. Fountain Park GP, LLC t. South Riding II LP U. South Riding 11 GP, LLC V. SLN 5100 LP W. SLN 5100 GP, LLC Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 53 of 55 X. Heritage Forrest II GP, LLC y. I Square Apartments LP Z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP, LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP, LLC gg. Quill GP, LLC hh. River House Apts., LLC ii. Shorehaven Apts LP jj. Shorehaven GP, LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP on. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC tr. TFJG Price Street Apts. I, LP ss. TFJG Price Street GP I, LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I, LLC vv. Rcnaissance Apts. GP II, LLC ww. Renaissance Apts. 111, LLC xx. Renaissance I Developers, LLC yy. Renaissance I1 Developers, LLC zz. Renaissance Apts. I, L.P. aaa. Renaissance Apts. I1, L.P. bbb. TFJG Wesleyan Holdings, LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. II, LP ff. TFJG Price Street GP II, LLC ggg. Clairmont Associates I, LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC .W. Clairmont Associates GP II, LLC kkk. Franklin Asset Management III. Curlew Apts. L, LP mmm. Curlew Apts. GP I, LLC nnn. Summerland Heights II, LP 000. Summerland Heights II GP, LLC Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 54 of 55 • 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. Trustees for Turning Point Church & Ministries, Keelingwood Apartments, LLC & Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 55 of 55 KEELINGWOOD APARTMENTS, LLC, a Virginia limited liability company SOUTHERN23, LLC, a Virginia limited liability company, and TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia SECOND MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS SECOND MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement") is made as of this 31" day of March, 2025, by and between KEELINGWOOD APARTMENTS, LLC, a Virginia limited liability company ("Keelingwood", to be indexed as grantor); SOUTHERN23, LLC, a Virginia limited liability company ("Southern23", to be indexed as grantor) (Keelingwood and Southern23 hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, the Keelingwood is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1494-53-4876-0000 (the "Keelingwood Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Southern23 is the current owner of that certain parcel containing approximately 6.3 acres located in the City of Virginia Beach, Virginia, identified by GPlN 1494-54-6842-0000 (the "Southern23 Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B; WHEREAS, the Keelingwood Property is currently subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Franklin Johnston Group Management & Development, LLC, Trustees of First Lynnhaven Baptist Church, and Grantee, dated January 31, 2014, and recorded July 11, 2014 in the Clerk's Office GPIN Nos.: 1494-53-4876-0000 and 1494-54-6842-0000 Document Prepared By: Kimberly D. Shepherd, Esq. (VSB No. 38702) Troutman Pepper Locke LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument Number 20140711000631540 (the "Original Proffers"); WHEREAS, the Original Proffers were amended in order to incorporate the Southern23 Property pursuant to the Modification of Proffered Covenants, Restrictions and Conditions by and between Franklin Johnston Group Management & Development, LLC, a Virginia limited liability company, Joyce Vandermel Wassum and Virginia Vandermel Pauley, Co -Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014, Joyce Vandermel Wassum, Virginia Vandermel Pauley, Susan Vandermel Godwin, Amy Vandermel Shepard, William Everett Sawyer, Elgia L. Easter, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015, Grace Sawyer Woody, William E. Everett, Phyllis H. Sawyer, Keelingwood Apartments, LLC, a Virginia limited liability company, and Grantee, dated May 23, 2023, and recorded November 2, 2023 in the Clerk's Office as Instrument Number 202303042236 (the "Proffer Amendment"); WHEREAS, because the Southern23 Property has been re -zoned by the Virginia Beach City Council to a separate zoning classification, the parties hereto desire to (a) terminate the Proffer Amendment, (b) confirm the Southern23 Property is no longer subject to the Original Proffers or Proffer Amendment, and (c) confirm that only the Original Proffers (and not the Proffer Amendment) remain valid and in force with respect to the Keelingwood Property. NOW THEREFORE, the Grantors for themselves, and their respective successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions, namely: 1. The Proffer Amendment is hereby terminated and of no further force and effect. 2. The Southem23 Property is no longer subject to the Original Proffers or the Proffer Amendment. 3. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Keelingwood Property. All references herein 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 modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantors and allowed and accepted by the Grantee, 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 2 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 an 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. 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 Zoning Ordinance or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map 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 Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of page intentionally left blank. Signature pages to follow.] IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: KEELINGWOOD APARTMENTS, LLC, a Virginia limited liability company By: Nan Title COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrun=t was acknowledged befor a this 161 day of �C' (�, 20aS , by tiS ,`Ta,,,1�r�rml�� ►1 who i personall nown to me or has produced as identification, in his acity as of Keelingwood Apartments, LLC, on behalf of the company. b� Notary Public My Commission Expires: 0 I aS 6 a I Registration No. 353q�� [NOTARIAL SEAL/STAMP] GLORIA F HARRISON NOTARY PUBLIC REGISTRATIONM363975 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28,2029 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: SOUTHERN23, LLC, a Virginia limited liability company By: Name: p Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and �anowledged before me this 8 ist day of 20_a5 , by W gL��WY cps in their c as Manager of SOUTHERN23, LLC, a Virginia limited liabhity company. He is eit r personally known to me or has produced as identification. Witness my hand and official stamp or seal this 3IS-� day of QK_ , 20_':�_. My Commission Expires: I (goo I aq Registration Number: Notary Public (SEAL) GLORIA F HARRISON NOTARY PUBLIC REGISTRATION 8353975 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28 2029 EXHIBIT A Legal Description of Keelingwood Property GPIN 1494-53-4876-0000 ALL that certain lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, together with the appurtenances, riparian and other water rights thereto known and designated as "PARCEL B-1, GPIN: 14945348760000, 683,125 SQ. FT., 15.682 ACRES', on a plat entitled "Subdivision of Parcel `B' Courthouse Baptist Church (M.B. 246, Pg. 91), Princess Anne Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20150623000581990, together with a 24 foot wide private ingress/egress easement running across Parcel A for the benefit of Parcel B as depicted on the plat recorded in Map Book 246 at page 91. TOGETHER WITH those certain rights, privileges and easements contained in the Declaration of Twenty -Four Foot Private Ingress and Egress Easement to benefit Parcel B recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia in Deed Book 3549, at page 1710 and shown on plat recorded in Map Book 246 at page 91. TOGETHER WITH rights of ingress and egress as provided by two certain Variable Width Public Ingress/Egress and Pedestrian Access Easements as shown on plat entitled "Resubdivision Plat of Courthouse Marketplace, Virginia Beach, Virginia," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200412220199793. IT BEING the same property conveyed to Keelingwood Apartments, LLC, a Virginia limited liability company, by deed from Eugene Rose, Dennis Crowder, Jesse J. Williams, Elliot F. Reynard and Joy A. Atkinson, Trustees of First Lynnhaven Baptist Church, dated June 19, 2015 and recorded June 24, 2015 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150624000590680. C EXHIBIT B Legal Description of Southern23 Property GPIN: 1494-54-6842-0000 ALL THAT certain tract, piece or parcel of land in the City of Virginia Beach, Virginia consisting of 272,581 SQ. FT./6.258 AC. and described as "PARCEL IA" on that certain plat entitled "RESUBDIVISION PLAT OF PARCEL A (D.B. 2426, P. 496) AND PROPERTY OF WILLIAM E. AND PHYLLIS H. SAWYER (D.B. 1467, P. 532), VIRGINIA BEACH, VIRGINIA", dated November 10, 2023, and prepared by Timmons Group, recorded contemporaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. IT BEING the same property conveyed to Southern23, LLC, a Virginia limited liability company by Deed from Joyce Vandermel Wassum and Virginia Vandermel Pauley, Co -Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; Joyce Vandermel Wassum; Virginia Vandermel Pauley; Susan Vandermel Godwin; Amy Vandermel Shepard; William Everett Sawyer; Elgia L. Easter, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; and Grace Sawyer Woody, dated December 13, 2023 and recorded December 22, 2023 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202303049491. FRANKLIN GROUP COMPANIES, a Virginia limited liability company, SOUTHERN23, LLC, a Virginia limited liability company, and HEARTSILLE REYNOLDS, PORTIA MCGRAW, SHARON MCPHERSON, EDWARD THOMAS, and RONALD HAYES, TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES 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 27' day of March, 2025, by and between FRANK-LIN GROUP COMPANIES, LLC, a Virginia limited liability company ("FGC", to be indexed as grantor); SOUTHERN23, LLC, a Virginia limited liability company ("Southern23", to be indexed as grantor); and HEARTSILLE REYNOLDS, PORTIA MCGRAW, SHARON MCPHERSON, EDWARD THOMAS, and RONALD HAYES, TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES ("Turning Point Church", and to be indexed as grantor) (FGC, Southern23, and Turning Point Church hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Southern23 is the current owner of that certain parcel containing approximately 6.3 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494- 54-6842-0000 ("Parcel A"), as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, Turning Point Church is the current owner of that certain adjacent parcel containing approximately 9.137 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-64-1457-0000 ("Parcel B"), as more particularly described in Exhibit B attached hereto and incorporated herein by reference; and GPIN Nos.: 1494-54-6842-0000; 1494-64-1457-000 (portion) Document Prepared By: Kimberly D. Shepherd, Esq. (VSB No. 38702) Troutman Pepper Locke LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 WHEREAS, FGC, an affiliate of Southern23, is the current contract purchaser of that approximate 2.3-acre portion of Parcel B that is described in Exhibit C attached hereto and incorporated herein by reference (the "Additional Parcel") (Parcel A and the Additional Parcel hereinafter collectively referred to as 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 A 18, AG 1 and AG-2 to Conditional A 18; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed -use purposes, through zoning and other land development legislation; and WHEREAS, 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 Conditional A18 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 A18 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 pail 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 make the following 2 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 these 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 Property shall be developed in substantial conformity with the conceptual site plan entitled "THE SILO, Conceptual Development Plan", dated April 1, 2025, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the four sheet exhibit prepared by Cox, Kliewer & Company, P.C., entitled "The Silo at Southern Pine" and dated April 1, 2025 (the "Elevations"), 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 number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred (200). Not less than thirty-eight (38) percent of the total number of residential units developed on the Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. 4. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "THE SILO, Conceptual Landscape Plan", and dated April 1, 2025 (the "Landscape Plan"), 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. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). 6. The community identification sign(s) on the Property shall be a monument -style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 7. The minimum setback from George Wythe Drive applicable to the buildings developed on the Property will be twenty feet (20') in lieu of the thirty feet (30') otherwise required under Section 602(d)(3) of the Zoning Ordinance. 8. The multifamily residential buildings on the Property, when developed, may be up to fifty-five feet (55') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 604(a) of the Zoning Ordinance. 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. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN GROUP COMPANIES, LLC, a Virginia limited liabi ' co y By: Name: Od Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and ack owl dged before me this day of 20 S by their capacity as Manager of F IN GROUP COMPANIES, LLC, irginia limited liability company. He is either perso known to me or has produced as identification. Witness my hand and official stamp or seal this 21,4 day of VAOrik , 20_` 6- - My Commission Expires: 0 bg bc, Registration Number: '��-:?:�Og 9 `5 Notary Public (SEAL) GLORIA F HARRISON NOTARY PUBLIC REGISTRATION A 363975 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28 2029 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SOUTHERN23, LLC, a Virginia limited liabili company By: Name: LTY Title: Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and_=knolwledged before me this day of 20_& C;_, by _LAIpy NYC W' in their s Manager of SOUTHERN23, LLC, a Virginia limited lia ' ity company. He is eit1fr personall known to me or has produced as identification. Witness my hand and official stamp or seal this8ls+ day of "6_(_k20 a2 ; My Commission Expires: V2 I a Registration Number: a S�v -i S l.(N Notary Public (SEAL) GLORIA F HARRISON NOTARY PUBLIC REGISTRATION M 363976 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY28 2029 T IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH ND MINISTRIES , HEARTSILLE REYNOLDS, Trustee STATE/COMMONWEALTH OF \%tNg antra CITY/COUNTY OF Vj%r�j,,j % & &", to -wit: The foregoing instrument was sworn to and acknowledged before me this) day of I'Y1Gnc , 20 2 5 , by HEARTSILLE REYNOLDS, as Trustee of Turning Point Church and Ministries. S/He is either personally known to me or has produced as identification. Witness my hand and official star 20,23 My Commission Expires: o / • 31 • -20.2S Registration Number: i 3 9.2 5 2 0 4%. 7 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. ;e17��fllC�]:ii TURNING POINT CHURCH AND MINISTRIES BY: EDWARD THOMAS, Trustee STATE/COMMONWEALTH OF VLYQ1Kt CITY/COUNTY OF V-!Z& nt a. dt ate, to -wit: The foregoing instrument was sworn to and acknowledged before me this a i�'day of %ouch , 20 L5 , by EDWARD THOMAS, as Trustee of Turning Point Church and Ministries. S/He is either personally known_ to me or has produced as identification. L Witness my hand and official star 2025 . My Commission Expires: d 1. 31. 2 0 2 to Registration Number: 4 3 9 2 S 2 0 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES BY: RO HAYES, Truste L STATE/COMMONWEALTH OF V Ly CITY/COUNTY OF V M tn;R, I,l c k4%, to -wit: The foregoing instrument was sworn to and acknowledged before me this _14 day of bi-A 20A,-5_, by RONALD HAYES, as Trustee of Twining Point Church and Ministries./�IIe is either personally known to me or has produced brtJ L,nc Z is cans as identification. Witness my hand and official star 20 AS . My Commission Expires: 0 t • 31 • .2c.26 Registration Number: 43 9 .Z 5 2 o 6 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES BY:` PORTIA MCCRAW, rustee STATE/COMMONWEALTH OF V CITY/COUNTY OFV ~ j ; a , to -wit: The foregoing instrument was sworn to and acknowledged before me this 17!4day of Vr M C4, , 201, by PORTIA MCCRAW, as Trustee of Turning Point Church and Ministries. S/He is either personally known to me or has produced ) r �.tcA 'y Z c -"S t as identification. Witness my hand and official star 2026 My Commission Expires: o I. 3 l • .20 2 ( Registration Number: J3 9 a 5 20 [if] IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TURNING POINT CHURCH AND MINISTRIES BY. SH RON MCPHERSON, Trustee STATE/COMMONWEALTH OF \Ita I,% a. CITY/COUNTY OF to -wit: The foregoing instrument was sworn to and acknowledged before me this 27'thday of Ina #A c.Q, , 20_).,S , by SHARON MCPHERSON, as Trustee of Turning Point Church and Ministries. S/He is either personally known to me or has produced �r i.k;.J c c.,k t� as identification. Witness my hand and official star. 20 A .S . My Commission Expires: c91 • 31. 2 0 -U, Registration Number: �34;t S 20 y 11 EXHIBIT A Legal Description of Parcel A G P I N : 1494-54-6842-0000 ALL THAT certain tract, piece or parcel of land in the City of Virginia Beach, Virginia consisting of 272,581 SQ. FT./6.258 AC. and described as "PARCEL 1 A" on that certain plat entitled "RESUBDIVISION PLAT OF PARCEL A (D.B. 2426, P. 496) AND PROPERTY OF WILLIAM E. AND PHYLLIS H. SAWYER (D.B. 1467, P. 532), VIRGINIA BEACH, VIRGINIA", dated November 10, 2023, and prepared by Timmons Group, recorded contemporaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. IT BEING the same property conveyed to Southern23, LLC, a Virginia limited liability company by Deed from Joyce Vandermel Wassum and Virginia Vandermel Pauley, Co -Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; Joyce Vandermel Wassum; Virginia Vandennel Pauley; Susan Vandermel Godwin; Amy Vandermel Shepard; William Everett Sawyer; Elgia L. Easter, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; and Grace Sawyer Woody, dated December 13, 2023 and recorded December 22, 2023 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202303049491. 12 EXHIBIT B Legal Description of Parcel B G P I N : 1494-64-1457-0000 ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, together with the buildings thereon and the appurtenances thereunto belonging, being known, numbered and designated as PARCEL A, as shown on that certain plat entitled, "Subdivision of Property of Courthouse Baptist Church of Virginia Beach, Virginia (D.B. 3482, P. 793), formerly property of William E. and Mildred E. Godwin, as shown on plat entitled 'Boundary Survey of Property of William E. and Mildred E. Godwin, and Seaboard Savings and Loan Association' (D.B. 2718, P. 304)", Princess Anne Borough, Virginia Beach, Virginia" prepared by John E. Sirine and Associates, Ltd. and dated July 15, 1995, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 246, at Pages 91 and 92. LESS AND EXCEPT that certain portion of real estate containing 1.730 acres, more or less, conveyed to the Commonwealth of Transportation Commission of Virginia, by Certificate of Take recorded in the aforesaid Clerk's Office as Instrument Number 20071017001410450. IT BEING the same property conveyed to Agapae' International Church, formerly known as Agapae' World Outreach Center, a church, by Deed from Norman S. Smith, Leslie W. Smith, and Lonnie Glossin, Trustees for Courthouse Baptist Church, dated April 14, 1997, and recorded April 22, 1997 in the aforesaid Clerk's Office in Deed Book 3730, Page 1261. 13 EXHIBIT C Legal Description of Additional Parcel [2.3 acre Portion of GPIN: 1494-64-1457-00001 Beginning at a point located on the southern right-of-way of Princess Anne Road Thence, along said right of way S52°08'44"E a distance of 126.47 feet to a point; thence leaving said right of way of Princess Anne Road S02°02'40"W a distance of 71.87 feet to a point; thence S40054'38"W a distance of 159.81 feet to a point; thence S65011'17"W a distance of 35.01 feet to a point; thence S44°00'47"W a distance of 320.28 feet to a point; thence N60° 12'20"W a distance of 176.94 feet to a point; thence N44°00'47"E a distance of 267.64 feet to a point; thence N44°18'45"E a distance of 328.19 feet to a point on the southern right of way line of Princess Anne Road said point being the true point and place of beginning. Containing 100,105 square feet or 2.298 acres. 14 Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items # 01 Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas & Ronald Hayes, Trustees for Turning Point Church and Ministries, formerly known as Agapae International Church # 02 Keelingwood Apartments, LLC & # 03 Franklin Group Companies, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion 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 are now free to leave. Our next order of business is the regular agenda. Madam Clerk, I'll ask that you please call the first item. Clerk: The first items will be hearing are items 1, 2, and 3. Item number one being Heartsille Reynolds, Porscha McGraw, Sharon McPherson, Edward Thomas and Ronald Hayes, trustees for Turning Point Church and Ministries, formerly known as Agapae International Church. Item number 2, Keelingwood Apartments, LLC and number three, Franklin Group Companies, LLC. Ms. Cuellar: Hello. Mr. Beaman: Hi, good afternoon. Madam Chair and Mr. Vice -Chair, members of the commission, I wanted to start by briefly thanking Commissioner Alcaraz for all his service to the city. It's been a pleasure working with you over the last number of years and wish you the best in the future. First, I wanted to introduce the principles of the applicant that are joining me today. The applicant is Franklin Group Companies, LLC, and we have three of the principals here with us today, including Taylor Franklin, James Noel, and Freddie Fletcher. In terms of this application, back in 2023, City Council approved the rezoning of approximately 6.26 acres from AgG-1 and AG-2 to conditional A-18 with a workforce housing overlay, which property was located, just west of the Municipal Center south of Princess Anne Road. That project, which is called the Silo, the applicant would like to expand by 2.3 acres by acquiring the acres from the Turning Point Church, which is located just adjacent to the east. The land would be used primarily for two purposes. First to acquire the stormwater pond that's currently on the Turning Point site, which stormwater pond would be expanded and improved to current standards and would be used to drain not only the Turning Point Church site still, but also the silo project. Additionally, a three-story 24-unit additional multifamily structure would be constructed on the additional 2.3 acres, all of which 24 units will qualify as workforce housing under the city's program. There are other benefits to acquiring this land. The land allows us to improve the site plan significantly in a couple of different ways. First, it allows us to lower the height of a number of the residential structures on the property, whereas in the 2023 application, four out of the five buildings were four stories in height. Under the current application, four of the six buildings are down to three stories in height with the only two four story buildings being in the back of the site away from Princess Anne Road and towards George Wythe. Additionally, we're able to spread the buildings out more with this additional acreage, which gives us the opportunity to provide additional usable recreational open space, particularly in the middle of the site in between the core of the residential buildings. Then finally, the additional space allows us to have a far more efficient parking layout and more evenly distributed parking all around the property closer to the units that they serve. Otherwise, the design of the project remains largely as it did in 2023. All of the units remain outside of the ITA as Marchelle indicated during the informal session this morning. Tenant access would solely be provided off George Wythe to the rear of the site. No access for tenants would be provided off Princess Anne and then the architecture, excuse me, would remain, just as it was in the 2023 application. Finally, of course, it's well established that the need for affordable housing is a critical need throughout the city. As I mentioned, the 24 units that would be added as part of this application would all qualify as workforce housing units under the city's program. That's an addition to the 53 units that were proffered as workforce housing units in the 2023 application. So, there would be a total of 77 workforce housing units provided in the site are 38% of the overall development, which will go a long way towards addressing this need. So with that, we certainly thank you for your time and consideration this application. We'll stand by for questions. Ms. Cuellar: Are there any questions for the applicant? No questions at this time. Commissioner Camp? Mr. Camp: Sure. Thank you for your presentation. Mr. Beaman: Yes, sir. Mr. Camp: Do you also represent the church trustees? Mr. Beaman: I do not represent the church trustees. I understand the church trustees, at least one, representative is here with us today. Mr. Camp: Very good, then I will hold my questions. Thank you so much. Ms. Cuellar: Okay. Any questions for Mr. Beaman? Commissioner Byler. Ms. Byler: Hi, attorney Beaman. Thanks for being here today, and thanks for educating me on this. I just want clarification of one thing. When you were drawing distinction at these buildings being lower than the others and parking, et cetera, you're not suggesting that there will be any reduction of the number of housing on the site that was previously approved by City Council, are you? Mr. Beaman: That's correct. Ms. Byler: Okay. So, you're just saying going forward it won't be as tall? Mr. Beaman: That's correct, yes, ma'am. Ms. Byler: Okay. Thank you. Ms. Cuellar: Thank you. Mr. Beaman: Thank you very much. Ms. Cuellar: So, it's my understanding for Mr. Beaman that there's representative here for the church, if the applicant would like to come forward. Welcome. Mr. Thomas: Good afternoon. My name is Edward Thomas. I'm one of the trustees and elders at Turning Point Church. Mr. Smith: Good afternoon. I'm Sherman Smith. I'm one of the members at the church and I'm also the enlisting agent too on the property. Ms. Cuellar: Thank you very much for being here today. Certainly, you have an opportunity, you have 10 minutes if you'd like to share something about this application with us. Mr. Smith: So originally, we met with the church in 2023. The church supports the project moving forward where it's been, the church has been a vital, you know, employ in the community. Also working with the course and people coming out of the prison. We have a ministry that provides packages for those who were recently, you know, released from incarceration. Also, as far as outreach for Turning Point Church has been vital for our community. We do various outreach ministries in the area to the existing structures that are already there. It's just going to give us a greater opportunity to provide services for the, you know, incoming residents and also to spread the word. Thank you. Ms. Cuellar: Well, thank you very much. Commissioner Camp? There's a question, if you could just wait for a moment, please. Mr. Camp: Thank you so much for coming today. I have two questions for you, please. As part of this transaction, you're selling a portion of your church property that contains your stormwater retention pond? Mr. Smith: That is correct. Mr. Camp: Is it your understanding that the purchaser through its future improvements to that area will be accommodating all of your church's stormwater requirements? Mr. Smith: Yes, that's our understanding. Mr. Camp: Alright, thank you so much. My second question relates to your future driveway. That the site plan we received does not show the conceptual, the ballpark area where that driveway might run because the driveway out to Princess Anne will be removed as part of this change, and that's a challenge for us having essentially a landlock parcel that we are being asked to now evaluate without knowing exactly how in the future someone's going to get into it. Specifically, why that's important to me as a commissioner is that we're going to talk quite a bit about George with drive the two-lane road behind these various properties. The driveway entrance is going to take up some frontage on that road, which will remove some on street parking. Also, we don't know the relationship between this driveway and the buildings that the buyer wants to build. Will it be next to it? We'll be far away from it? We don't know. We also don't understand the relationship of the now three properties that will be using that road. Your church, the applicant's proposed housing development, and the existing housing development, which are hundreds of cars onto the small two-lane road, understanding where these driveways might relate to one another. Generally speaking, do you have any idea where that driveway might be on the property in the future? Mr. Smith: No, sir. At this time, we are still evaluating where we're going to put the driveway because we did have a change to the acreage, that was originally a proposed. So, we're working with our team to come up with some drawings on how we're going to propose to do the driveway addition. Mr. Camp: Thank you for your answer. Ms. Cuellar: Are there any additional questions for the speaker? Thank you very much. Madam Clerk. Are there any speakers for this item? Clerk: We do have one speaker signed up in opposition, Tom Luckman. Ms. Cuellar: Good afternoon. Mr. Luckman: Good afternoon, Madam Chair. My name is Tom Luckman, 3192 Gallahad Drive Virginia Beach. The site that we see, it had been approved. If you remember, when council approved it, then Councilman Taylor indicated it was the worst attempt at an apartment complex that he had seen, and that was his field of employment since college. They've expanded it. The problems for the community remain. They've been cited to you, at least, very thoroughly by the transition area, ITA CAC. Citizens showed up in numbers, some 400 when Council addressed this. My personal opinion is the workforce housing issue prevailed. Mr. Beaman slipped of tongue earlier when he said affordable housing, but he corrected himself. Let's not worry about what we have here. We worry about precedent being set, the urbanization of the transition area. This is part and parcel to that. Please, as you go forward, make sure that you look to what the guidance that the citizens have, their involvement in the process and the lack or I should say the attempt at urbanization of the transition area. Thank you. Ms. Cuellar: Thank you, Mr. Luckman. Mr. Beaman, you have an opportunity to rebut if there are no other speakers. Clerk: There are no other speakers at this time. Ms. Cuellar: No. Thank you. Okay. So, at this time, I would like to open up the conversation to the commission and entertain a motion. Commissioner Plumlee? Mr. Plumlee: Yes. Thank you for that recognition. Madam Chair, I do move to approve this application, all of them, to accomplish what I think is an improvement to what's been previously approved by both this body and the City Council. It's an increase in workforce housing. It incorporates the project into the larger scheme of that, area, addresses storm water, reduces the height of several structures there, creates an opportunity to remove that entryway into the church. So, I think it's a benefit and we have to look forward. We could go back and pick over the past for the rest of our futures together or we could look forward. We do need housing. We still need housing. We need it more now than we did when this project was approved. So based on that, I move that we approved this project. Mr. Coston: Second. Ms. Cuellar: Thank you. So, there's a motion on the floor to approve agenda items, number 1, 2, and 3 by Commissioner Plumlee. There's a second by Commissioner Coston. Is there additional discussion? Commissioner Cromwell? Mr. Cromwell: I like to make a motion for denial in response to Commissioner Plumlee's, motion. I see this as a great opportunity to right a previous wrong. I don't believe, the building of the Silos is in the best interest of the future of the city, especially below the green line. This is the Transition Area where overall zoning is supposed to be one unit per acre, and at a critical time when we're getting ready to update the Comprehensive Plan. I see this as a step backwards, is it's going to set precedent, and the development is far too ambitious. But let me say that I'm in total support of workforce housing. I think that is a needed facility that we need in the City but not in this location. Ms. Cuellar: Thank you Commissioner Cromwell. As a point of order from our attorney, I just want to clarify if Commissioner Cromwell is making a substitute motion that we'll need a second, or it's just part of the discussion and we would just vote on what's on the floor. Ms. Eisenberg: There will need to be a second or the motion will die. So, there would have to be a second, and then discussion on either motion, and then there would be a vote to make the substitute motion, the main motion, and then a vote on the substitute motion. Ms. Cuellar: Okay. Commissioner Cromwell, then is it your intent to put a motion on the floor for denial or we stay with the original motion, that's been seconded? Mr. Cromwell: Do it one more time now. Ms. Cuellar: I know I just wanted to clarify our procedures. We have a motion on the floor for approval with a second, and then I just wanted to clarify your comments, you're offering a substitute motion for denial and then I would need a second. Ms. Hippen: Here I am. I would like to second Commissioner Cromwell's motion to deny this. I was in, I was a no vote on the original motion for a couple of reasons. The main one is because this is below the green line. I had, as we are going through the workup of changing things here as we are going through the Comprehensive Plan, I've received several emails from folks asking us to maintain the green line and also to put specific wording in the Comprehensive Plan. As I stated when this came through the last time, this is in direct line with Oceana's one of their main runways, and that concerns me. I think that we should have workforce housing. I agree, but not here. Ms. Cuellar: Okay. Ms. Eisenberg: So now there would be a vote to make the substitute motion the main motion on the table. Ms. Cuellar: So, then we need another motion to make the sub -- that's what 1 thought. Okay. So, with the advice that we have now, we need to have a, I'd like to call for a motion for the substitute motion to be the main motion. Right? Mr. Plumlee: Just to clarify, with this vote, it would either approve or disapprove making Mr. Cromwell's motion, the motion for our consideration. Ms. Eisenberg: Correct. Mr. Cromwell, you can make the motion if you would like. Ms. Hippen: Okay. I have a question. I thought when a substitute motion was made that you had to do an up or down vote and that would determine whether or not the motion, nope? Ms. Eisenberg: No, City Council does it that way because in their policy document, that's how they run their meeting, but you do not have the same provision in your procedure document. So according to Robert's rules, that there would need to be a motion to make the substitute motion, the main motion and a vote to determine that issue. If it is made, then that would be what would be voted on Mr. Cromwell's motion, and then in the event that it was approved, that would be, it would be a denial, a recommendation for denial, in the event that it was not approved, then we would revert back to the main, the original motion would still be on the table. Ms. Hippen: Thank you. Mr. Cromwell: My motion for denial. Is that that right, Tori? Is that what you need? Ms. Eisenberg: I think you're looking to make your motion, the main motion. Your substitute motion, the main motion. Mr. Cromwell: I make my motion the main motion, please. Ms. Hippen: Second. Ms. Cuellar: Okay. So, there's a motion for the substitute motion to be the main motion by Commissioner Cromwell, seconded by Commissioner Hippen. Clerk: The vote is open. By a vote of 5 to 4, the motion to make the substitute motion, the main motion has passed. Ms. Eisenberg: So now the next vote that will take place in the discussion that is at hand is on Mr. Cromwell's motion to deny this application. Ms. Cuellar: Thank you for the clarification on our procedure. The floor is open for continual discussion. Commissioner Alcaraz? Mr. Alcaraz: I'm going to go ahead and support what Mr. Plumlee had stated. I heard it loud and clear last time we voted, and we did vote for it that height was an issue, and I think they've taken care of that on this application. So again, I'm going to support it. Ms. Cuellar: Commissioner Cromwell, did you want to speak right now? Mr. Cromwell: Well, yeah, I can just -- in the original application, one of the things that was so striking as far as the silos is concerned was a transfer of development density from a previous project, and that in itself raises a lot of questions about the future, the way we're going to do business, and I just don't think that's acceptable at all. In addition to what Mr. Luckman said, there were 29 people against the application and it took up 3 hours and 45 minutes of the City Council meeting. Clearly, the public is against this project. It's just in the wrong place. Thank you. Ms. Cuellar: Thank you. Commissioner Mauch? Mr. Mauch: So, I did watch the Planning Commission meeting live when the silo vote was taken, and I don't know why, but I rewatched it recently just to hear the concerns. I was fortunate enough to not have to be on Planning Commission when this vote was taken up, but had I been in this seat, there's absolutely no way I could have voted for it. I think what we have here today is we have, we don't have the silos on the table. We have something that's being added to, that's going to either help or hurt. What we have already established is going to be the case, and I do not believe that this is the appropriate place for workforce housing. I do not believe that this is the appropriate place for density. Unfortunately, it doesn't matter what we do today, that's going to be there with the silos. So, the real question is, does this help? And this is what I've said to myself to the entire time. Does this help what we have there or hurt what we have there? We are adding density, but we're kind of spreading it out. The concerns of the citizens had to do with a lot of the height and as somebody had mentioned, they're reducing it on some, although there's still a variance for allowing for more height. I don't, it may add a little bit more of a traffic impact, but, it again, it's off of the main road because it's a access restricted road. Storm water is going to be the same, if not, maybe improved a little bit, maybe more so on the developer's end for the ability to not have to go as much underground. Everything else is very similar. So, this is not easy for me because I wouldn't have supported the project from the very beginning, but we're past that and now it's, does this help the project or hurt the project? I see positives here. I see some negatives with adding density, but, I think overall, I have to believe that this is a little bit better of a project as a whole than what we would have if we deny this because all the density will now be on that acreage that they have the ability to put it on. So, it's just my thoughts. Ms. Cuellar: Thank you, Commissioner Mauch. Commissioner Byler, and then Commissioner Camp. Ms. Byler: Commissioner Mauch verbalized a lot of my concerns as well, so I'll try not to be redundant. I opposed it the first time, and, City Council, I'm glad I didn't have to make that vote for City Council because it's a tough one. We need housing, we know that. A couple of things that are important to me while I hear that this will make the overall project better in some regards, well, clearly it doesn't in others. You know, we're putting buildings where it was undeveloped before, so yeah, we're dealing with runoff, but we're creating more runoff. We're adding 200 apartments, so we're creating more density. Even though I hear, well, it's spread out. So in some ways of looking at it, it's less dense. Was 200 more apartments, so it's more cars, and then I hear, well, but the parking will be nicer. It'll be closer to the apartment, but it's still more cars. The public was very much opposed to it the first time. I'm not hearing that outcry this time. I don't know if they've just become discouraged that their voices aren't being heard or if in fact they don't oppose this. That's hard to know. But in all of our Comprehensive Plan workshops, we're being told over and over again, it's way up there on priority, respect the green line, and I respect the ITA, so to make it denser is a problem for me. Ultimately, I'm inclined to support the Commissioner from District 2, Mr. Cromwell because he knows his area better than I do. I'm up and down here all the time, but I do appreciate that it's his district. Ms. Cuellar: Commissioner Camp? Mr. Camp: No project is all good or all bad. Projects have many facets to them and we can compare them to prior projects or what if s or what might happen, but really we're asked as Planning Commissioners to deal with what is before us today. If I wanted to entertain the analysis of is it better or worse, I would not compare a prior six acres to a future eight acres. I would look at eight acres and compare it to eight acres and say 176 units were approved on six of them, and the most you could build on the other two acres might be about two units. So maybe you'd get about 178 units if two different developers worked on these parcels versus 200 units, if you consolidate them. To my mind, if you wanted to entertain that type of analysis, this is a far more intense usage than what would otherwise happen if it was denied. But that's not really where I want to be with the analysis here today. Fundamentally, I believe that the applicant and let me correct myself, there are three applications. There are three applicants. I am troubled by the fact that we were given a site plan that doesn't have a driveway. So very basic things that we work with day-to-day on safety we can't work with here. We often move a fence or a bush to make sure that there's a safe side line. We weren't afforded the opportunity to do that here. That said, I heard from the church trustees that they think the buyer is going to take care of their future stormwater needs, but when I read the proffers, the proffers only relate to the portion of the land that is being purchased, not the rest of the church's land. That may be a misunderstanding but having been up and down with staff on this, I think to the exhaustion of staff, I read what I read here. Most importantly to me on this decision is the parking study. I find that the parking study while performed professionally is not credible. I bring this up because the parking study relates to the largest amount of the land use that would have a material difference on what else is going on in these parcels. Specifically, the zoning administrator has found that this development may operate with 34 fewer parking spaces than would ordinarily be required. The basis for that is the provision of 11 bicycle racks, racks for 11 bicycles, a bus that runs by once an hour, taking 45 minutes to get to the Oceanfront or nearly an hour with transfer at TCC to get to Newtown Road. But once an hour, the use of on street parking on George Wythe, which I've looked at throughout the times of the day, throughout the days of the week, and appears to be bumper to bumper parking at all times that residents are home. I don't know how that could be relied upon in any application to afford additional parking for a new development. And then subtracting from that, some of those on street spaces are going to be removed for the driveway for the Silo and the driveway for the church. There is a statement that some people will walk to work and perhaps some will. But when I add these things up, it is not credible that they substitute for 34 parking spaces. Fundamentally, the market being sought here are folks who have to report to work on time, whether they're educators, healthcare workers, public safety officials, they do not have the opportunity to arrive at their leisure at work. So, transportation is essential to them. I believe a person in that position is not going to risk their job over the things that we just accepted as a substitute for parking spaces. I believe they're going to bring a car and there isn't enough room for all the cars that they're going to bring, and that changes the whole dynamic of the land here. I'm troubled by the building height deviation because it is 57% over the limit. It is not a modest ask. The limit is 35 feet. They're seeking to build to 55 feet. That is substantial. It'll be the tallest residential building in this area. With regard to the density, I believe that the interpretation of the relevant comp plan and sub plan sections is not accurate, or shall I say it has been selectively drawn. What I'm referring to, there is a reference that I've heard several times to greater density in the courthouse area that originates in a portion of the plan that is comparing the courthouse area to the immediately surrounding areas, which has been previously mentioned are at a very low density. It is not greater density in comparison to shore drive, to the resort area, to SGA's along 264. So, to come to a density of 24 units per acre 23.26, is out of character to me with what the comp plan is telling us. It's the wrong comparison. In fact, the draft comp plan does not permit density bonuses below the green line. That is what would be done here. For these reasons, I cannot vote to support this particular package of applications. Thank you. Ms. Cuellar: Thank you, Commissioner Camp. Commissioner Plumlee? Mr. Plumlee: So, my understanding in dealing with all these months with these projects with regards to storm water, there is going to be requirement that they are not volumes taken off any of these sites with regards to these improvements. Is that correct? I just want to ask staff that. Ms. Bookholt: Yes, that is correct. They'll have to evaluate for both the church draining into the pond and this new development draining into the pond or any underground systems. Mr. Plumlee: Okay. The stormwater, I think is not an issue here. I think if anything, we're improving conditions for better management with this application. Obviously, we're increasing workforce housing, parking, you know, we have a workforce. A large number of people work remote. They're seeking to work remote. They want to work remote. I deal with that question monthly. People that need to work remotely and that's more and more accepted with our workforce. Housing is still the number one issue in this city for us to address as a commission. I too want to protect the green line. I just simply disagree with the premise that we're comparing anything other than the project in front of us to what we previously approved. That's what we have and we're seeking to improve it by lowering stories, by increasing open space, having better access in and out of this location. That's why I support this. I support it additionally because we need the housing. We needed the workforce housing. We took that initial project from being a 17% workforce housing to being a 30% workforce housing project, which was a major step forward. These are issues we can't continue to ignore, and we need to address them. But more importantly, I would never recommend that we not approve something that benefits a project because I'm still upset with the initial approval of the last, I have to get over that and look at what's in front of us. So that's why I support this project. Ms. Cuellar: Thank you. Commissioner Plumlee. Commissioner Alcaraz? Mr. Alcaraz: I think, Mr. Plumlee brought it up. I just want to make sure for clarity that this is, I heard someone say something about questions on the storm water and then I heard Marchelle or City Staff say that there will be storm water and the applicant also said it's a joint venture for storm water. I just want clarity on that. Is this a joint venture with the pond for that? Can you come up? Mr. Beaman: Yes, sir. Commissioner Alcaraz, the arrangement between the parties is that there will be an easement provided for the church, so they continue to drain into the pond the same way they do now. We've actually prepared the easement sent that over to their attorneys that are represented by Sykes Bourdon. Mr. Alcaraz: Alright. So, there is a potential design, it's just got to be worked out through the city. Alright, thank you. Ms. Cuellar: Thank you. Yes, Commissioner Cromwell? Mr. Cromwell: George, Commissioner Alcaraz, you have to also remember that the pond that they want to acquire is not going to alleviate the stormwater problem. That the potential stormwater problem, they're still going to have to have underground storage. Mr. Alcaraz: I'm aware of that. I'm sure that the city staff will probably be doing a review on that to make sure it makes all the ordinances. Ms. Cuellar: Commissioner Coston? Mr. Coston: Is it my understanding though, that if we deny this, they can still build on the six acres at the five -story height? Ms. Warren: Yes, sir. That's correct. Mr. Coston: Okay. Then, I'm going to vote not to deny because I feel that it is an improvement. Ms. Cuellar: Commissioner Camp? Mr. Camp: I have one quick comment based on Commissioner Plumlee's comparison with regard to open space. There's currently two acres of open space on the church land that a portion of which will be developed that will be diminishing open space. If we approve this not increasing it. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I think it should be noted that this project and the consternation that it's caused, within the community and the people that specifically live in that area, I think it just highlights how when we move forward with this new Comp Plan. We need to make sure that we're putting things in place so that, we can address things like these, so we don't have to worry about having these types of conversations anymore, so. Ms. Cuellar: Thank you very much. Is there any further discussion? Commissioner Byler? Ms. Byler: It looks like I'm following you again, Commissioner Mauch, but I appreciate what you just said. And let me just note, there's another application that's coming up today before us that's going to provide for housing and redevelopment. It's in an area where I don't know that there's any opposition because it makes sense. Putting workforce housing way down the courthouse without adequate transportation options, for lack of a better expression, that does concern me. But putting a higher density housing and redeveloping shopping centers in areas where people can find jobs and get on buses, and that makes sense to me. So, I think that's a big part of our job as Planning Commissioners is to put things in the right place. Mr. Alcaraz: Madam Chair? Ms. Cuellar: Yes. Mr. Alcaraz: Can I call a question please? Ms. Cuellar: So, there is a motion on the table? Clerk: Yes. So, this vote will be on Commissioner Cromwell's motion to deny the application. Ms. Cuellar: So, I'm going to ask the clerk to please read the motion. Clerk: Are you talking about the original or the second motion that Commissioner Cromwell being -- Ms. Cuellar: The motion that's on the table. I'm just going to ask that you could please read it back to the Commissioners. Clerk: Okay. So, the motion would be for to deny agenda items 1, 2, and 3. Ms. Cuellar: Thank you. Clerk: The vote is open. Okay. So, by a vote of 4 to 5, agenda items 1, 2, and 3 have been there - Ms. Eisenberg: There's still a motion on the table. Clerk: Oh, okay, I'm sorry. Ms. Cuellar: Alright. So, then we're back to the original motion by Commissioner Plumlee to approve, and it was seconded by Commissioner Coston. Clerk: The vote is now open. By a recorded vote of 5 to 4, items, 1, 2, and 3 with item 1 being Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes, Trustees for Turning Point Church and Ministries, formerly known as Agapae International Church, Item number 2 being Keelingwood Apartments, LLC, and Item three, Franklin Group Companies, LLC, have been recommended for approval. Vote Tally Commission Member AYE 5 NAY 4 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 Conditions for Modification of Conditions (MDC) 1. All previous conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008, May 24, 2011, and on September 6, 20216 shall be deleted and replaced with the following conditions below. 2. Upon removal of 2.3 acres from the site, the total lot area designated for the Religious Use shall be 6.83 acres. 3. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the site layout entitled "Site Layout for Turning Point Church and Ministries, dated May 27, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. Within no less than 24 months from the date of City Council Approval, the church shall remove the temporary access along Princess Anne Road and install the necessary improvements (curb & gutter, etc.) and access to the Church shall be from George Wythe Drive. One portable modular structure shall be allowed for a period of five (5) years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition 1 above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under -carriage of the unit. The skirting shall be adequately maintained and shall not fall into a state of disrepair. c. Foundation landscaping, consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 6. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. Proffers for Modification of Proffers (MDP) Proffer 1 The Proffer Amendment is hereby terminated and of no further force and effect. Proffer 2 The Southern23 Property is no longer subject to the Original Proffers or the Proffer Amendment. Proffer 3 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Keelingwood Property. Proffers for Conditional Rezoning (CRZ) Proffer 1 When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE SILO, Conceptual Development Plan", dated April 1, 2025, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. Proffer 2 The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the four sheet exhibit prepared by Cox, Kliewer & Company, P.C., entitled "The Silo at Southern Pine" and dated April 1, 2025 (the "Elevations"), 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 number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred (200). Not less than thirty-eight (38) percent of the total number of residential units developed on the Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. Proffer 4 Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "THE SILO, Conceptual Landscape Plan", and dated April 1, 2025 (the "Landscape Plan"), 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. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5 The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Proffer 6 The community identification sign(s) on the Property shall be a monument -style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 7 The minimum setback from George Wythe Drive applicable to the buildings developed on the Property will be twenty feet (20') in lieu of the thirty feet (30') otherwise required under Section 602(d)(3) of the Zoning Ordinance. Proffer 8 The multifamily residential buildings on the Property, when developed, may be up to fifty-five feet (55') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 604(a) of the Zoning Ordinance. Transition Area/Interfacility Traffic Area Citizens Advisory Committee June 9, 2025 Virginia Beach City Council Virginia Beach Planning Commission Building 1, City Hall 2401 Courthouse Drive Virginia Beach, VA 23456 Recommendation of Denial for Current Applications for The Silo Project Expansion Dear Mayor and Members of the Virginia Beach City Council and the Virginia Beach Planning Commission, On May 1, 2025, attorney Robert Beaman presented three separate applications to the TA / ITA CAC, submitted by three separate entities, and aimed at increasing the size, scale, and impact of a previously approved rezoning from AG1 to Al for the development known as The Silo. The original application, reviewed in the summer and fall of 2023, was strongly opposed by the TA / ITA CAC. The September 2023 letter recommending denial of the application (included below for your reference) cites extensive conflicts with the City's BRAC agreement, the Comprehensive Plan, and subsidiary planning policies including the Princess Anne Corridor Study, Transition Area and Historic Area Design Guidelines. The 2023 application included a request for an additional 20-30 units (approx..) above the density allowance for their Al8 rezoning request, claiming that unallocated units from Southern Pines, an otherwise unrelated project, should be transferred to the new application. The TA / ITA CAC found no merit in providing these density entitlements and transfers from an already built development that encouraged a questionable system of density calculation. Along with the workforce housing density bonus, the applicant was provided a total award of roughly 60 units over and above the allowable density calculation found in an Al rezoning. And yet, the applicant failed to file for the associated workforce housing overlay supporting this bonus at the time of application, or upon approval. Interestingly, in this round, the applicant proposes to separate the already built Southern Pines development and the proposed Silo project to achieve new objectives. Furthermore, the 2023 application was met with enormous public dissent due to these conflicts and the outright egregious density ask and massive amount of impervious surface proposed in a flood prone area of the city. This rezoning epitomizes urban sprawl below the Green Line and is now being used as the basis for an even larger development. When the TA / ITA CAC learned that the applicant was returning with plans to purchase an adjacent 2.3-acre AG1 /AG2 parcel from the neighboring Turning Point Church and Ministries, we anticipated an improved proposal to remedy prior failures. Disappointingly, the applicant returned to propose yet another building, 24 additional units, and permit deviations. Many of the previously identified issues remain, such as lack of parking, traffic implications with challenging ingress and egress from the property, height deviations, impervious cover, stormwater, and flooding implications, lack of open space, and a development pattern inconsistent with Comprehensive Planning. The current applications for conditional rezoning, modification of conditions, and modification of proffers, exacerbate these issues and create new problems to consider. For these reasons, the TA / ITA CAC recommends denial of the current applications. Key concerns include the following: • Stormwater Deficiency: The proposed sale of land owned by Turning Point Church and Ministries includes their stormwater pond. The existing and proposed documents do not adequately address how the Church will manage their stormwater requirement once they are left without a stormwater pond. In the Southern Rivers Watershed, the Transition Area and below the Green Line, can a landowner offload its stormwater management responsibility? If approved, this could set a dangerous precedent. • Stormwater Pond Capacity and Use: The applicant proposes the pond be used for both the church and the new apartment complex. However, the existing pond serves a 10-acre parcel with two structures and a parking lot. It is not clear how this pond, even if enlarged, will provide appropriate drainage for a combined 17+ acre area which includes the Church's existing 2 structures, parking lot, plus 6 residential apartment buildings, a clubhouse, fitness center and a 329-space parking lot. • Flooding and Impervious Surface: Flooding remains a critical issue in this sensitive and poorly draining area of Virginia Beach. The excessive impervious surface already approved in 2023 will be even greater with the additional building requested in this new application. Stormwater runoff and flooding concerns remain, as do the negative impacts to nearby and adjacent properties. Specifically, the Virginia Beach National Golf Course is currently undergoing significant stormwater mitigation, and the proposed development is not even there yet. • Excessive Density: Density far exceeds the vetted planning documents and guidelines for the Transition Area / ITA and below the Green Line. The previous approved plan contains higher density than anything in this part of the city, and the new application worsens it. • Lack of Usable Open Space: Open Space is a foundational requirement for development in the TA / ITA, intended to serve multiple purposes including a buffer from suburban development, to protect the environment and flood -prone land, and offer recreational amenities. Other than a minor garden, and the existence of a required stormwater pond, there is no meaningful open space on this densely packed urban development proposal. It is unacceptable that this basic requirement in the TA / ITA has been excused from this project. • Tree Canopy Loss: Additional tree canopy loss and mitigation resulting from these applications has not been described or explained to the TA / ITA CAC. This is a crucial element when developing in this part of the city, particularly with the already intense tree loss below the Green Line and in the TA / ITA in recent years. • Parking Deficiency: The currently approved and the proposed increase in density of units results in additional problems related to Parking. The applicant proposes 200 units (316 bedrooms) and 329 parking spaces. In a car dependent, limited (poor) transit area in the city, and a nearby apartment complex with occupants expressing inadequate parking, where will people park? • Traffic Impacts and Limited Access: The currently approved and proposed increase in density of units results in additional problems related to Traffic. The only point of ingress / egress from the proposed apartment building complex is onto George Wythe Drive where it will converge with the nearby apartment traffic and the adjacent commercial properties. There are concerns over the impact to the nearby commercial parking lots and vehicular movement onto restricted access roadways from this site. • The sale of acreage by Turning Point Church and Ministries is proposed to result in a reconfiguration of ingress/egress to their property as well, adding yet another access point to George Wythe Drive, with even more traffic implications. • Height, Setbacks and Viewshed: With additional deviations requested, the building heights, viewshed, and concerns of nearby neighbors remain. • Comprehensive Plan Misrepresentation: The narrative Statement of Planning Objectives provided by The Silo on April 25, 2025, calls on aspects of the drafted (not approved) language in the 2040 Comp Plan that refer to other parts of the City (SGAs), not the Transition Area / ITA, or below the Green Line. • An accurate assessment of the existing (and draft) Comp Plan would demonstrate an understanding that density bonuses are not intended below the Green Line, and that urban development is suitable for the urban areas and existing SGAs in the city. With the additional purchase of 2.3 acres from the neighboring Turning Point Church, the Franklin Johnston Group could acquire an existing stormwater solution, enhance it to properly serve the combined 17+ acres of both properties, and minimize further disturbance of the land. It could offer open space to the future occupants of a densely packed apartment complex that is hemmed in by a restricted access road and a limited access road. It could meet building restrictions such as height and setbacks, come into compliance with viewshed and other design guideline expectations, and provide ample parking in an already congested area. It could remediate some of the concerns brought forward in the 2023 application. Instead, it adds to them. We ask the Planning Commission to deny this set of applications rather than continue to undermine our Comprehensive Planning objectives. The TA / ITA CAC requests a more appropriate use of this Agriculturally zoned land in the Transition Area / Interfacility Traffic Area and below the Green Line. One that better serves this already overly dense development. Sincerely, and on behalf of the Transition Area / ITA Citizens Advisory Committee, Dia vuiY 6C4 Chair, TA/ITA CAC Transition Area/Interfacility Traffic Area Citizens Advisory Committee September 18, 2023 Dear Members of the Virginia Beach Planning Commission, At the July 6, 2023, Transition Area/Interfacility Traffic Area Citizens Advisory Committee (TA/ITA CAC) meeting, the Franklin Johnston Group presented a plan for a zoning change from AG-1 to A-18 on property that lies within the ITA and the ACIUZ. They withdrew that plan and presented another plan concerning the same property on September 7, 2023. Based on the information provided, the TA/ITA CAC recommends the action to deny the plan based on the following: • Nearly half of the 6.26 acres is within the ITA and is an AICUZ area designated at 65- 70 DNL, which limits residential usage. The plan asks for the entirety of the property to be rezoned A-18. This needs to be revised based on our agreement with the Navy post-BRAC. There are no residential uses for the property within the ITA. • The new plan asks to "transfer" the rights from the half within the ITA to the half not within the ITA. No rights transfer should exist since residential is prohibited per all existing city documents. Recall that properties within the ITA were offered to be bought by post-BRAC programs to offset the lack of ability to change by -right uses. • Our post-BRAC commitments to the Navy were to ensure communication and reach out to them for input early in the process. This plan went through planning and the Planning Commission and was virtually unopposed. This is a failure and a grave concern, as it is the responsibility of the City of Virginia Beach to maintain those discussions and protect against encroachment. • To obtain the requested A-18, this property should be divided along the ITA line to allow for the correct zoning. Only the portion outside of the ITA should be considered for this proposal. • Placing the clubhouse on the ITA portion of the property and allowing for "assembly use" is inconsistent with ITA usage, as referenced by past joint Navy -City meetings regarding other proposals referenced in the CityAttorney's published Progress Reports on NAS Oceana encroachment. • The preposterous density is far more than the requested 18 units per acre and exceeds recommendations for this area per all publicly vetted city documents. • The Princess Anne Corridor Study (PACS) and Transition Area Guidelines call for open space, which must be added to this proposal. • The PACS explicitly identifies the intent to protect the viewshed for motorists traveling on Princess Anne Road and to have no residential frontage on Princess Anne Road. The four-story structures will be a massive change from the single- family homes on the adjacent AG properties. • The ingress/egress on Princess Anne Road differs from what is intended by publicly vetted documents. The location on the plan further creates safety concerns. Any access to Princess Anne Road should be avoided. • This property is also within the historic area, yet the farmhouse style needs to be revised. Further, the height of the buildings is nearly double the intended height for properties in this area. • Neighboring property owners are concerned with the density, height of the buildings, and potential impacts from the enormous amount of impervious cover. • The initial Southern Pines Community was not approved based on phase II in this location. Combining the two separate properties is disingenuous and is a disgusting attempt to circumvent the rules to benefit the developer. No single landowner would only be afforded this privilege. In fact, the current landowners in this area were told that their property has no options for residential use. • The argument has been made that this property was intended to be housing for the municipal center and should be at increased density. The parcel intended for that was solely within the municipal center and fronted George Mason Drive. In conclusion, the Transition Area/Interfacility Traffic Area Citizens Advisory Committee (TA/ITA CAC) has carefully reviewed the Franklin Johnston Group's proposed zoning change from AG-1 to A-18 for the property within the TA/ITA, ACIUZ, Princess Anne Corridor, and Historic District. After thorough consideration, the TA/ITA CAC strongly recommends denyingthe advancement of this request. We strongly recommend that the developer revise the plan to align with publicly vetted documents, adhere to density limitations, and reduce building height to protect the viewshed from Princess Anne Road. We appreciate the developer's willingness to engage in discussions and their consideration of workforce housing. However, we hope the applicant will amend the plan to comply with established guidelines while offering workforce housing. The trust of the citizens of Virginia Beach in our publicly vetted process is paramount, and we must maintain and uphold that trust. We look forward to working collaboratively with the developer to create a development that respects our city's guidelines, the community, and the business needs. Thank you for your attention to these concerns, and we trust that you will make a decision that serves the best interests of Virginia Beach and its residents. Sincerely, Lisa Hartman Chairperson TA/ITA CAC 0 0 BZ ® Site Property Polygons Zoning Building 61 �i1�� C) LL 0 Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC Portion of 2301 Newstead Drive ,7) 0 Feet 0 4080 160 240 320 400 480 f7'� 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 Rezoning (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: July 8, 2025 (Deferred from the June 17, 2025 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 constructed 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 City Manager:�i-7 �, 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 MIS 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 i 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 13- 2) Approved 09/08/2009 5 CRZ (R-20 to Conditional 0-1) Approved 08/08/1995 CUP (Hair Care Center) Approved 05/13/2008 6 CUP (Religious Use) Approved 01/11/2000 7 CRZ (AG-2 to Conditional B-4) Approved 01/22/2008 Approved 01/11/2000 MDC (Religious Use) Approved 11/27/2007 8 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 SoundPLAN 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. 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. 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 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. Proffer5 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. 2. 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 ADT' 32,700 ADT 1(LOS 4 "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 vacant site zoned R- 20 'As 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 23, 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 July 3, 2025. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 11 of 25 W fD CV nI T W m D 00 n fD O 7 1� rD fD '�•F N 3 (7 S O 00 O N 90 m Cn to S NM MOMl -a, ,!•P4[.N 4L /i97'FSY�:1E nOL aIY: ^� �••�.+• B{]t .4 .. r Ii ILL y — r nPN i� rois 11 IXowM ~ ff '. O 1L g --- nd usrM•. T4 RI Mai. IM.I• 1'4 m'H•['[•'1 J ' ✓; � C7 EL v •.-.. ZWK N n r=.all •� � 'm6101��'1T •• •-• r•en 14 me - .':-rp � t f. .. ..T..E.� - , �t • . q ��' -r - 1? N + LLI y 1 t ]\{ . .. •r. I . . . . . -t. •j, ' R. E. • niala *i .. _ .. . + _ n. [ one '•+e ,I,rlict' Is It 1 u Y•- I. [T[^ I- 4• ATIC -I WTI [r[A 3 yzo Z [.uI 9s vs [ WTI r t[ i El IF �Kmv— �erlwp.<�k � •. r .•.p. ;._w a�n:l• I. i, r - - r� cam r�i. Kli Imo. P�. I .M j.rFc 1 t r -. O' ` ssi�.i•.rT _ i v♦ •*m r[nM 'rs i .1 .tea 1' • -. 1� II .• 7• u• 1•,�in M�Nt IF[ � ®r- uff 1 \ y ' +[ i I . • Pr r.w list MR •, 7I ■R r,, � �' ^�,r al♦ � ,il i s i.. «;' 1 I' -- •I �� f ;`tL: $fir 2-2 '� a. el a•.ra' R ` t LANDSCAPE LEGEND SITE DATA 1! M�t� {mMrA[WY- JURISDICTION VIRGIN, BEACH IIIOq Pauly lHou ri�nwf '.^`•'L �:., (I Q wwwan. r- EXISTING ZONING R.20 w11rr` , • nrwva. m.. PROPOSED ZONING CONDITIONAL B-2 I� 1 ••-_•-r -1 - K �n '.'s en.cwrrrw� PR OPOSEDZONING AREA a211 AC � h �:.. ( smai raaux .- •nen.r.vr. wa.anr .i PROPOSED PANDAHOME EL rci �o..vcr am RESTAURANTPARCEL AFTER WN DEDICATION 21.31 At !I i arar m. v rm A ' •• --- PROPOSED OFT RESTAURAM PARCEL at 12 AO. � i ur.wrm-.toa a� l=,_.�i'ua _ EXISTING CHURCHjr C 1 _ t mw �r o • wa., ,nw..a PARCEL 21.50 AC174 L .- Qf ! iNK ftlf RESTAURANT BULp NG AREA III l/ • e »-,..[w.,.«• PANDA HOME "I'll I I'lFf /� • _ c f 1 OP .. , CFT 2,5006.1, - - Wi`Wq WXf!f , R ,: ,m� "�/ >.cer oa....^._.•o:x cwv PARKING REQUIREMENT A Y/ r L, mw rrow. f •�, `�}.. 1 a .. . �aF..a.�xw..sn PANDA HOME 1 SPACE PER 100 SOFT 27 PACES 7 ' crcw+.ntsrel iwir Rw7'�:�� PARKING PROVIDED 39 SPACES !� .� wAtlGMY• r Y ' G S 41DLI'Mlgl FT I _ _ r not _ c PACE PER 100 SOFT 26 PACES II L N ' f • r� j p vufn PARKING PROVIDED 26 PACES y ,. C ww fo wrae 7 non v u. ua • R P+[nnIt� wmAoc, nr BUILDING SETBACKS. L ^ 1 2,�r<Ar A=p I non a ur FRONT RNV 35 FT SDE is FT to 1 ,I� ( I f s .. a rMvaaT Hart Ns [w• REAR 15 FT ". '4!�'. 1. •(•q .-. _... i'MIIIfi1 LOT y / LANDSCAPE BUFFER IqL "II I{I7 �ll I 10 250 ACRESf FRONT N/w R N I Ci SIDE 15 FT . I REAR 15 FT I IT `I . —. tnM1T NIff1)1 �C IT a .. 'y mow.•. A Y tw. vs �� ..�`• I - v.Aosun run waisY'-'�i<`c 11I ) '�i�-t-. I wI►c>ms.[�[o ...00-a�a.w:rra wsnerw.r. y I— 06 W W LL Q �"� I •, . ...rt,+..n[....+c: w w r.,.wrw .. �.w..e t II� � � nwtc fff a'ou>m � � I I me is sr�ine�iarnrr �wwnvri Z � n O Z ie M y rvnw 1,�.,Irwwn�mosavr•.:c�.r Q rr �. i r" '""-mnnsrrm Lavx [w++�wo+vnns +.>so.�.an..e <,ro'+-r•ro +ar c ,� flrtfii. � QIxaZy Z 9 0 q I ^I �w•ii.4.oy+7� 9.rxmiNMFn.e r. ,rn N W I , I XaWYF� l I I Oman Q o f ` ` i ■•••�Qw CSP 1 CD OE; NHITE THE TEXTURED (D BL.ACX SIORE:AOR QAZIIG O'TRELLIS' ELEMENT - BLACK/RED ALUMINUM O FIBER CEMENT PANEL. WOOD -LOOK O11DON GATE' AT ENTRANCE DOORS O CHARCOAL STONE VENEER OZ STAMXNG-SEAM METAL ROOFING O4 'S\OOP' ELEMENT - BLACK ALUM I IY (0 METAL 'BAND' - BLACK ALLIWINLEM 1 1 NE\YGROUNf) ENTRY ELEVATION O ERS, MITE FINE TEXTURED OS BLACK STOREFRONT GLAZING O FIBER CEMENT PANEL. MOOD -LOON O6 'MOON GATE' AT ENTRANCE DOORS OD CHARCOAL STONE YENEER O7 METAL 'BAND' - BLACK ALUMINUM O4 -SWOOP' ELEMENT - BLACK ALUMINUM OB 'TRELIS' ELEMENT - BLACK/RED ALUMINUM EANDA EXVRESS -DZMO YKINIASEA:M, YA LII'E#M SIDE LION VAN DI EXPRESS. DZ/033 1 NEWGROUNO VRGNIA SEKH M\ 5IIPWM CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 14 of 25 MATERIAL NOTES O1 ERS: wHtTE nNE TExruwo ODRIVE-TNRU CANOPY - BLACK AlU UM OEIS: BLACK FINE TFOFIURED O FIBER CEMENT PANEL. WOOD -LOOK OMETAL "BAND* - BLACK ALUMINUM O] CHARCOAL STONE VENEER OT 'TRELUS ELEMENT - BLACK/RED ALUMINUM O'SADCP' ELEMENT - BUD( ALUMNUM O DRK-THRU MNDOW DRIVE THROUGH ELEVATION 1 NEWGROUNC MATERIAL NOTES (2)EIES. WHITE FINE TDcruRED OS UnuTY CLOSET O FIBER CEMENT PANEL, MOOD -LOOK OB METAL 'BAND' - BLACK ALUMINUM OCHARCOAL STONE VENEER 0-TRELLIS- ELEMENT - BLACK/RED ALUMINUM O'SWOOP' ELEMENT - BLACK ALUMINUM i REARELEVATION MNDAFKCRF5 -D27M NEWGROUND VI ..UACF MA snaw. CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 15 of 25 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 16 of 25 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 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: VIRGINA BEACH BEACON BAPTIST CHURCH as listed on application Is Applicant also the owner of the subject property? Yes(F) Noo if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yeso No0 If yes, name Representative: Joel Ankney - Ankney Law Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoo 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.) Pastor Russell Robertson (New President); C. Gordon Epsworth (Past-PreskWQ; Robert Hurd (Treasurer); Donna Murry (Secretary); and Directors: Paul Ekoniak, Bill Dudley, Craig McManus, Ben Chappell, Marshall Gdit, Jerry Chappell, Todd Smith, and Chris Hodge Does the subject property have a proposed or pending purchaser? Yes a 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 interest in the subject land or any proposed development contingent on the subject public action? Yeso No(F) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE REAR: 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 indivic Financing (mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Robert W. Carter -Carter God bout & 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 YES NO SERVICE PROVIDER Name entity and/or individual _ Accounting/Tax Return Preparation O Architect/Designer/Landscape Architect/Land Planner O 0 Construction Contractor © 0 Engineer/Surveyor/Agent © 0 Legal Services Q O 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 om tee in connection with this application. BEN CHAPPELL, CHAIRMAN BOARD OF DIRECTORS /� ( � Date: L1 2�26 Pastor Russell Robertson, President Applicant Name (Print) .4111 3 - 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. 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 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 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): 6/17/202S Marchelle L. Coleman Staff Name (Print) Disclosure Statement I rev. May-2024 6/17/2025 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 al/ 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application CFT NV Developments, LLC Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes(j) No0 If yes, name Representative: Rob Beaman; Randy Royal 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 ,arent- subsidiary' or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Articles of Organization Attached ►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 Noe 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 Financing (mortgage, deeds of trust,' cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O e Disclosure Statement I rev. May-2024 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 Architect/Designer/landscape Architect/Land Planner O O NewGround; Letima La Spia Construction Contractor O Engineer/Surveyor/Agent K rnley Hom and Associates, Inc; Randy Royal Legal Services O 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, 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 lmited lability company BY: c - Leo `/^--)4 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. 1 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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): 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 21 of 25 STATE OF NEVADA fa BARBARA K CEGAVSKE JEFFERYLANDERFELT % Seererary ofSrare Deputy 5e etan- 0 for Comijercial R,c di. gs W teE OFFICEOFTHE SECRETARY OF STATE Job Number: Reference Number: Expedite: Through Date: 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 verity this certificate online at httpJ/www.nvsos.gov/ Number of Pages 3 Pages/l Copies Respectfully, BARBARA K.CEGAVSKE 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 BARBARiA K. CEGAVSKE Sucretsry of State 202 North (arson Street a re Carson City, Nevada 89701-420i (T75)6845708 Webslte: www.nvaos.gov Articles of Organization Limited-Llablllty Company (PURSUANT TO NRS CHAPTER 86) USE E"CK INK ONLY- DO PWMIaMUGKT 11111 III IIIO IN 1IIPA WIN. � Q f� C#1 Filed in the office of Do— M—AA Harbaia K. Ce¢ayske Sevelary of Stale 20150082616-91 Filing Date add Twe 02/24/2015 11:38 AM Fm6ty. Hamber E0092622015-5 State of Nevada ABOVE SPACE IS FOR OFFICE US& ONLY 1. Name of Limited- ( NV DEVELOPMENTS LLC box r a check box n e I liability Company: I series Umhed Restricted Urnifed- (rxsi contain approved Wistf-lab)my j �` ` ,�.,�-,� A Uabitay Company Liabifriy Campe�y IV �]R�+{ corrparty ) ❑ wonfhg: see instrucfons) ) 2 Registered ® Commercial R Agent: HE CORPORATION TRUST COMPANY OFNEVADA Agent for Service ( ---—_----_--.__— oNam f Process: (check box) ❑ Narcornmercial Registered Agent ElOiffamear Position with Eh* orgy one (name and address beiaw) (nae and addreas Wow)_.--_ �-_�..___.. .___. ...-........ . .. ...._.___ .___._.__.._...__.__.........__._ __ _ _.......... ....................... .._...._....._.._..___...... ___._._..._._.__..-._....__._______._..__....____�, Herne al ftiommercial Registered Agent OR Named Title oi0ltice or Other Podeon with Enity Nevada - I--i Nevads-I I — Mali rg Addrma (f dlffarent from alreel address) My Zip Code 3. Dissolution Date: (opllenag _'_ --� Latest date upon which the company is to dsedve (H e)tister)ce is not perpetuBDF-- 4. Management Company shall be managed by: Manager(s) OR Mernber(s) (required) dwtk only one box) 5. Name and 1) `PEGGY T CHERNG I Address of each Manager or Nam ;l4i';iAI.NUTGROVEAVENl1E - IROSEMEAD — Jt..`''—! 9177t17711 --' �— `ste" Maraging Member: Addem py am* Mis cow (EMacti add1ional peDeit rtcrethen3) _ 2)I. NG ANDREW J CfER NMM 1683 WALNUT GROVE AVENUE _ _ — RO�_ j L CA i t 91771kEi I t3tee� Aadran Qy Sam Lp Cade 3) ; WINNIE CHAN Name 11683 WALNUT GROVE AVENUE CA ; L917i 3711 _? Stem Address State Code S. Effective Date Effective Date: Effective Time: and Time: (opiorai) 7. Name, Address and signature of b-t.1 my A g.0 of ury, rnat,en ra tlrt' vaer aft Nitaaaxab ro,•rbwq°ryCeWenyto1wovAnSlyea Sranyhimortorgetrww odInrehrItlYgMtlw011leeae Organizer: cads«werag111.111__ __._._r._..__-.._.._....__.._.. �/ X JAIL :ouN: (attach addiilo ref li more JAYE YOUNG •---__.. __.. _,_. —.... page � INS dean t argen'rzer) 683 WALNUT GROVE AVENUE I((ROSEMEAD )' CA 1191770.3711 ! Address stale Zo code & Certificate of t hereby accept appointment as Reglstefed Agent for fhe above named Entity. Acceptance of Appointinertt of X ME CORPORATION TRUST COMPANY OP NEVADA 7JZ0/1015 Registered Agent: Authorized Signature of Ra ictemal A ern Or On 6ahall.f Dared A ent EntData This form must be accompanied by appropriate fees. N-1.S—Wwy of Sham NRS 86 D UC Articles Rwisd: 15.15 CFT NV Developments, LLC & Virginia Beach Beacon Baptist Church Agenda Items 8 & 9 page 23 of 25 a Articles of Organization a (PURSUANT TO NRS CHAPTER 86) COx71AWED Includes data that is too long to fU in the fields on the 1VRS 86 Fortin and all additional managers and organizers 1�q ly1fE11LIPM . - aro �lFOREIGNENA I�IE Nat-1�'' libble SLAMON: R EGIST t1T_E ."?Q.� WH 6t AM MAILING Not Applicable 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 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 01. 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, 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. 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. 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. 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 10 day of A ,;I , 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 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. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The 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: Name: BEN CHAPOtLL Title: CHAIRMAN, BOARD OF DIRECTORS MC ONWEALTIFSTA�TE OF Vr v ilv"a 'OUNTY OF r% + Gu a t: The foregoing instrument was sworn to and acknowledged before me this /Q day of 1-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 or-tieserr A_6-c de as identification. Witness my hand and official stamp or seal this to day of APN , 2025. to OTARY ' • i y Not Public AL PUBLIC •': My Commission Expires: 744 T J l A'Z TSEG #7082772 : Z Registration Number: O 7 ? — O ' MY COMMISSION ' — = —h EXPIRES — 2j W31/2027 COMMONWEALTH/STATE OF vi vt� k /COUNTY OFy� �%� r , to -wit: /'��� / 1 ! 111 �O `'\\ The foregoing instrument was sworn to and acknowledged before me this /d day of Ajo r+ % _, 2025, by Ben Chappell, in his capacity as Chairman of the Board of Directors of Virginia beach Beacon Baptist Church, a Virginia nonstock corporation. He is personally known to me or has produced VA- Ok'yit- /+cam as identification. Witness my hand and official stamp or seal this 10 day of n , 2025. Notary Public �� L •. V TAR`! ''• i My Commission Expire s: T `��r �°t ? No �QCtiS�faTia� �Uur+,�{,y- Qa�a n t PUBLIC 4 .J1 = 0 � REG. #1082772 � Z MY COMMISSION — r XpIRES w % ,•• �Y \ IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. COMMONWEALTH/STATE OF CITY/COUNTY O The foregoing iliktrument _ 2025, capacity as _ Nevada limited liability comp GRANTOR: CFT NV DEVELOPMENTS, LLC, a Nevada limited liability company Bv: cue: t7K\t A o _ Title: Mgw a deAc `i t Lt I W?-G Approvs to Form by W to -wit: was sworn to and acknowledged before me this day of by , in his/her of CFT NV Developments, LLC, a y. He/she is either personally known to me or has produced Witness my hand and official sta*or seal this day of 12025. My Commission Expires: Registration Number: 5 Notary Public (SEAL) pi[ASE SEE AST ULD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 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 California ) County of WS AOIE Lec�, ) On m25 before me, MAY AISWNy- , ► 30T&-VL / FUl&1-(C , Date Here Insert Name and Title of the Officer personally appeared 2ANI% D L_U U Name() of Signer( who proved to me on the basis of satisfactory evidence to be the ...p�erson(sf whose namem Is re su scribed to the within instrument and acknow ged to me that(&eAhe/they executed the same in is er/their authorized capacity(IA, and that by i erAheir signature s) on the instrument the person), the entity upon behalf of which the person acted, executed the instrument. e.� AMY ANWAR Z COMM. # 2468881 z W NOTARY PUBLIC -CALIFORNIA r) LOS ANGELES COUNTY ~ Ny Comm EYpwes Otlopp 30, 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 N tary 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: AC�NC�T Document Date: Number of Pages: Signer(s) Other Than Named Above: 1I(ll4imA 81<Atil REAtI?N P,RPTISt c4ty izal Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. -_ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 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. From: NORMAN BROOKS To: Marchelle L. Coleman Cc: Planning Administration: Cry 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.Do 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 10 0• ' • ' 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 Cnnonmc, At 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 Con 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 delivery vehicles Substantiating Reasons and Concerns (c 0 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 It Noise from the delivery vehicles (engine noise, refrigeration generators on delivery trucks, unloading delivery vehicles) ci 6rzt;intiitincr Reasons and Conc Bright lights from the food establishments and parking lot 0 Landscaping/cypress trees will not resolve light issue .1 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 Cone Garbage trucks They are excessively noisy when emptying dumpsters ' Trucks make a persistent and loud "beeping" noise when in reverse — Very annoying and disturbing lb Noise is increased when the dumpsters are slammed back down on the pavement Is 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 Con, 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 Cq r 40 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. It 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 ' 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 opportunity to speak. esidential Concerns and the pity of Virginia Beach a rce I G P I N No. 2414-16-7704-0000 from R-20 to Conditional B-2 a red by: N. E. Brooks Newstead Drive nia Beach, VA 23454 Kimley>>>Horn Figure 1: Site Plan Page 2 LANDSCAPELEGEND L+n•o� sor.rf:x •alf: NE"O PAIWWA1 TP$9 } � .1 C C C T'� :•.TII /^� _ Rcwo,n rwrutr �rte - �� Y.EMW _ _. I . -' _ lfxG gl.WNT tId w•twvru�.o uu c.w.sr rarer rt•,l�e Is 8 � OAR dN] K CAS Q �` T �jj L�PEEN+q &fMSo-+wt..rb .-W. L T • ux..e ev[:gxltx slwi • 11 '', �... Yffn ItxtxcvP= I�.n: r..._.n.., '.�4•� Wr:i Y•■■N'fViN M7x j -� C I,IM f E 9~ trM•IFA� - ... � 11■/ f!C /JOlLIr0.'$r � � 7 � - � I � .[ [ . - R� f•C K rp0 ftfl M/,Jll L/iYf71� q� E I.xT f:.., PANDA LOTLOT '. 3 7.1535Ft �•�lxcrc<-n'aElrt ra. �y . - ° CFiUW RC41 LOT 3 2 31 ACFESt AC ok tnr6vN:, ITN � Ir I7-j i T 71ao9C: SELwAk '1R W ,�r4M� trvLC' ar Ii°`y1`i 1 :yRs! � 1 'G'. ,3vg-•�- _�! LFM rnrt,L ILVr it W rKMlllIPR xt .) .,,... •• I '-- -- 4 ru.v S N .. oul .wr•..rwnp� I J 1[i nr. ! • w. � 4R.: KVi.[ � aLft•IIILIME '. Rr•Kr/ArAm, m4 l '[Lr[e:4VT�. - I Kr N •M A f Mf Ixt YK Rf ■■ wK �wv nvJ I .wrr. a u*u �. mores I ulrm0 1 IRL ALt a..ro K Ayl ner Mf�l4ffL.xe ;0! }�■ R� r'Y'�; 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 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. 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. kimley horn.com Kim ey>>)Horn Page 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 Kim ey>>> 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.I 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. 7 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.yesvirgi niabeach.com/_assets/Documents/BusinessDistricts/YesOceana/AICUZ-Planning-Map.pdf Kimley>>>Horn Page 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 Page 9 Figure 2: Noise Measurement Locations t7r Iwo 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. SounclPLAN 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.2 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 SounclPLAN 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 dBA' 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. Kim ey>>> 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 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.' 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 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: 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. s 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 1700Measurement Values, June 26, 2015. Kimley»>Horn Page 12 Table 3: Maximum Modeled Operational Noise Levels Land Use Maximum Modeled Noise Level (dBA 4 ) Noise Threshold (dBA L,J 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 1 65 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 Cit`,'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 Leq) (dBA Leq) Ambient (SBA 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: SounclPLAN version 9.1. See Appendix 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. - - vv , kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 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. $ 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 49.5 76.9 88.6 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% KimseyoHorn 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 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 2025-03-1713:24:03 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 62.4 dB LAE 91.9 dB EA 173.915 µPa2h LApk(max) 2025-03-17 13:37:48 88.6 dB LAFinax 2025-03-17 13:37:47 76.9 dB LAFmin 2025-03-17 13:40:25 49.5 dB SEA dB LAF > 85.0 d B LAF > 115.0 d S LApk > 135.0 dB LApk > 137.0 dB LApk > 140.0 dB Community Noise LCeq LAeq LCeq -LAeq LAleq LAeq LAleq -LAeq Leq LF(max) LF(min) Lpk(max) 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 5 LDN 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 62.4 62.4 62.4 62.4 dB 75.4 dB 62.4 dB 13.0 dB 63.4 dB 62.4 dB 1 ndR A C Z dB Time Stamp dB Time Stamp d8 I 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 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% Kimley>>)Horn File Name on Meter LxT-Data.315.s File Name on PC LxTse 0004201-20250317134801-LxT_Data.315.ldbin Serial Number 0004201 Model SoundExperta 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 d8 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(max) 2025-03-17 13:48:10 94.4 d8 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.OdB 0 0.0s LAF > 115.0 dB 0 0.0 s LApk>135.OdB 0 0.0s LApk>137.0 dB 0 0.0s LApk > 140.0 dB 0 0.0 s Community Noise LDN LDay 07:00-22:00 LNight 22:00-07:00 56.6 56.6 LCeq Leq LF(max) LFimin) Lpk(max) Overload Count Overload Duration OBA Overload Count OBA Overload Duration 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 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 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 (cIBA): Leq: Lmin: Lmax: Peak: 62.1 50.6 78.0 93.1 Equipment Weather Sound Level Meter: LID Sound Expert LxT Temp. (degrees F): 65 Calibrator: CAL200 Wind (mph): 10 mph Response Time: Slow Sky: Partly Cloud Weighting: A Bar. Pressure: 29.98 Microphone Height: 5 feet Humidity: 5 1 % Photo: - -i 1 ti7 Kimley>>)Horn File Name on Meter File Name on PC Serial Number Model Firmware Version User Location Job Description Note Description Start Stop Duration Run Time Pause Pre -Calibration Post -Calibration Calibration Deviation RMS Weight Peak Weight Detector Preamplifier Microphone Correction Integration Method OBA Range OBA Bandwidth OBA Frequency Weighting OBA Max Spectrum Overload Under Range Peak Under Range Limit Noise Floor Instrument Identification LAeq LAE EA LApk (max) LAFinax LAFmin SEA 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 LF(max) LF(min) Lpk(max) Overload Count Overload Duration OBA Overload Count OBA Overload Duration LxT_Data.316.s LxTse 0004201-20250317 140501-LxT_Data.316.ldbin 0004201 SoundExperte LxT 2.404 2025-03-17 14:05:01 2025-03-17 14:20:01 00:15:00.6 00:15:00.6 00:00:00.0 2024-08-05 06:25:29 None A Weighting A Weighting Fast PRMLxT1L Off Linear Normal 1/1 and 1/3 A Weighting Bin Max 122.8 dB A C 2 79.3 76.3 81.3 dB 24.3 25.4 31.6 dB 15.2 16.3 22.4 dB First Second Third 4201 UNIT 2 62.1 dB 91.6 dB 162.289 µPa2h 2025-03-17 14:14:08 93.1 dB 2025-03-17 14:09:24 78.0 dB 2025-03-17 14:13:39 50.6 dB dB Exceeciance Counts Duration 0 0.0 s 0 0.0s 0 0.0s 0 0.0s 0 0.0s LDN LDay 07:00-22:00 LNight 22:00-07:00 62.1 62.1 74.3 dB 62.1 dB 12.2 dB 63.4 dB 62.1 dB 1 3 .Vm LDEN LDay 07:00-19:00 LEvening 19:00-22:00 LNight 22:00-07:00 62.1 62.1 d8 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 INoise 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 1 46.3 78.9 92.9 Equipment Sound Level Meter: LID Sound Expert 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% Kimley)))Horn File Name on Meter File Name on PC Serial Number Model Firmware Version User Location Job Description Note Description Start Stop Duration Run Time Pause Pre -Calibration Post -Calibration Calibration Deviation RMS Weight Peak Weight Detector Preamplifier Microphone Correction Integration Method OBA Range OBA Bandwidth OBA Frequency Weighting OBA Max Spectrum Overload Under Range Peak Under Range Limit Noise Floor Instrument Identification LAeq LAE EA LApk(max) LAFinax LAFmin SEA 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 LA)eq - LAeq Leq LF(max) LFlmin) Lpklmax) Overload Count Overload Duration OBA Overload Count OBA Overload Duration LxT_Data.317.s LxTse 0004201-20250317 142500-LxT_Data.317.ldbin 0004201 SoundExpert•LxT 2.404 2025-03-17 14:25:00 2025-03-17 14:40:02 00:15:01.6 00:15:01.6 00:00:00.0 2024-08-05 06:25:29 None A Weighting A Weighting Fast PRMLxT1L Off Linear Normal 1/1 and 1/3 A Weighting Bin Max 122.8 dB A C 2 79.3 76.3 81.3 dB 24.3 25.4 31.6 dB 15.2 16.3 22.4 dB First Second Third 4201 UNIT2 56.6 dB 86.2 dB 45.790 µPa'h 2025-03-17 14:37:11 92.9 dB 2025-03-17 14:37:11 78.9 dB 2025-03-17 14:27:40 46.3 dB dB 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 66.5 dB 56.6 dB 9.9 dB 59.5 dB 56.6 dB I AR 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 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 (cIBA): Leq: Lmin: 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: Weather Temp. (degrees F): 65 Wind (mph): 10 mph Sky: Partly Cloudy Bar. Pressure: 29.98 Humidity: i 51% Kimfey}>)Horn File Name on Meter LuT_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 --- 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 80.6 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 µpa'h LApk(max) 2025-03-17 14:09:18 91.2 d0 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 0.0 s 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 0.0s Community Noise LDN LDay 07:00-22:00 LNight 22:00-07:00 59.5 59.5 LCeq 78.2 dB LAeq 59.5 dB LCeq - LAeq 18.7 dB LAleq 61.1 dB LAeq 59.5 dB LAleq - LAeq 1.6 dB Leq LF(max) LF(min) Lpk(max) Overload Count Overload Duration OBA Overload Count OBA 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 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 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-i 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_Property Line-1 SCR G 48.2 41.9 41.8 Northeast Recievers_Property Line_2 SCR G 47 40.6 40.5 Northeast Recievers_PropertyLine_3 SCR G 45.8 39.5 39.3 Northeast Recievers_PropertyLine _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_PropertyLine _3 SCR G 50.7 44.4 44.2 Norther Recievers_Property Line_4 SCR G 49.8 43.6 43.4 Norther Recievers_PropertyLine _5 SCR G 48.7 42.4 42.2 Norther Recievers_PropertyLine_6 SCR G 47.8 41.5 41.3 Norther Recievers_Property Line_? 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_PropertyLine_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-ib 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_Buitding-2b SCR F2 N 40.7 34.4 34.3 Southwestern Recievers_ApartmentComplex_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 Southwestern Recievers_ApartmentComplex_Building_2c SCR F3 N 38 31.7 31.6 Southwestern Recievers_ApartmentComplex_Building_3a 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_ApartmentComplex _ Property Boundary_1 SCR G 44 37.8 37.5 Southwestern Recievers_ApartmentComplex-Property Boundary_2 SCR G 43.3 37.1 36.8 Southwestern Recievers_ApartmentComplex-Property Boundary_3 SCR G 41.2 35 34.7 Southwestern Recievers_Apartment Complex -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 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 Modeled Receptor Noise Level No. Land Use —Daytime dBA 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 Increase Receptor Ambient Noise Level Ambient Over No. Land Use Noise Level —Daytime +project Daytime dBA 1'2 (dBA ) (dBA Leq) Ambient 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 Single -Family Residences (South) 1 62.4 45.3 62.5 0.1 4 Multi -Family Residences (Southwest) 56.6 37.8 16.7 0.1 & empeny, Inc. meow . AL f Appraisal Report Research for Proposed Panda Express Glen Burnie and Chippokes Courts Red Mill Farm, Section 12 Virginia Beach, Virginia 23454 265 Kings Grant Road Suite 105 Virginia Beach VA 23452b834 TEL (757) 631.4420 FAX (757) 631-4421 www gosceAndCo oom April 14, 2025 Mr. I Randall Royal, PC Kimley-Horn 4525 Main Street, 1000 Virginia Beach, VA 23462 Email: Randy.Rolnkimley-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 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. I Randall Royal, PC Kimley-Horn April 14, 2025 Residential Home Sales - South Shore Estates $250.00 $200.00 N LL N c m v�i w $150.00 m m f I-P oo ti m m � cO U oo mm c m $100.00 z 7 $50.00 $ 0.00 ut ul �I �I N N N rq N N N c'JI0 N N O O 0 0 N N a O N 0 O N a O N 0 O N O 0 N 0 O N O 0 N O 0 N O N O N O N O N O N O O N N O O N N N 0000 N 0\0 N 0\0 N 0\0 tV 0000 N co N co N 0\0 N 0000 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. 909MCommercial 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 w .SosciaAndCo.conn Mr. J. Randall Royal, PC Kimley-Horn April 14, 2025 Residential Home Sales - Red Mill Farm $250.00 b� hh LL $200.00 $150.00 1 $100.00 ♦\YS^"`t�'\YF 'x,4`^ •vyc'- '�� "^S .�' +• +t " \ ^\ \^'-< .ti \ $0.00 W 00 00 Ql Ql Ql O O O .--I c-I r-I N N N M M M V N N N N N N N N N N N N N O O O O O O O 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 \ M n a q M n \i M n -4 rrn n -I-1 r 1 n -4-4 M n -1-1 M 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 sutynitted, r .,cam John L. Soscia, MAI VA Certified General Real Estate Appraiser #1892 =W= Commercial Real Estate Appraisers and Consultants & Company, Inc. 265 Kings Grant Road, Suite 105 Arginia Beach, VA 234526834 TEL• (757) 631-0420 FAX: (757) 631-4421 www.SosciaAndGo.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) MMUCommercial 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.SosciaAndCo.conn 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) 99amCommercial Real Estate Appraisers and Consultants & Company, Inc. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 7EL: (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 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 Md 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) 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 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 90amCommercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL• (757) 6314420 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 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) 631-4420 FAX: (757) 631-4421 www.SosciaAndCo.conn 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) 6314420 FAX: (757) 6314421www.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 bul'ler oC Red Mill Commons 0 a Commercial Real Estate Appraisers and Consultants & Company, InC. 265 Kings Grant Road, Suite 105 Virginia Beach, VA 23452-6834 TEL (757) 631-"20 FAX (757) 631-4421 www.Sosc[aAndCo.com iHM NIMMO PARKWAY Y xYl R Xr) REET mITACE IU t < - IIE INTO En3TINC rvOSCAMNG O �R! l4rR F Sr' SOE PANOA 40NU°Fai Ba t Y 5 CCC"�Jl r S ._... • • .. — — � Rr-I SLOP 401 L, b U0M O IxLL 2!l AL Yf Q NW mtR m/ i °nv.Ym°rr. PANDA NO4E PwanG LOT LAND ANDSC c ArCCO_;N j r•:, r D DscAPlnc — EW Iiadnc PaunDAna s LArroscAP«c {wW R u_J.._—� WAa aA!a avrrsr tnxw (sxsv.ces) Ap SREEi maTAz NWAw (f SPACES) LAHp3CARNG ADAnl fiai !r NtT PROPOSED WAr uxE �I WSI. / AWMb)LM �LLRf I ' � / AYUrorOr J 2Tr°-r6an°-me luTa nr $ . h y MlA]s4 A, ton) (MO H8 4EINr BOAWo / aRDER BOx u , purxr°-re-�mr-mv zu sr✓ uTwn JOY I PROPWEO fiat OF WAr D[nl f I x PANDA LOT u k LO 7,153 SF>: l j �+ {J' ❑-"-ROROHLOT 132 S ]` PRugsm waT Twn LAXc 108,739 SFi 3 ACR 1 ACRESt LAW 6 bI ! 1 �L. W4PSTFA EEN R —FEIRCw7 x _1, ` i pyp Apy'J SOiEEXIxC (tYP.) IIy 5(.RNGPROPG3D RIGHT Of AlW n i i LAND a .... I y !, 1G• SCAPE TAnD I I PRGPos[D 3• AENa uj�..._ - \\.\ .:' PNGPOSW SUEWAIe If _ 1 PA G ROW DE—ATEEL i. vARxmc aEY � r' ^^ IL, HIGH mAauE EEnxx or x (•ID /61 /1CO�rO4Al L {M.1 r" ,WY CATEGORYGE Iv BUERR LAI1Q [rE -u — I m / A car rnw ua ` ttro im° YARD INaS El KONa E[wtE sN ues . MY, lRm /A]0]N)rgtJ (LAREW:RGREEn TRIMS) I®WSr / AmWNAroI 01 r)tl K 1a) ] , Itrr burg-OppO {0/9N .., qA¢A ISAWI<IwY .UR nN 4 \ me aW a nm mA. < . am t trA�N .v I ffN HNC-rr(i4tEr-� �� �@9 L3gr r5 �r� LANDSCAPE LEGEND SYMBOL BOTANICAL NAME TREES CAT TREL raRlarS e • ur. cugwTRq� 0 5�yyy ERroq PWwnc AREA cxnwvTREE E SrRFEt PROrrtAGE rgEE �.� sHRI uTam.ry EA4RGREEN_ roxna snque • 9fgEErt FgWiA0E�91NG0 6TgEEt ERON,ARE 9x1UB SCEEENm s_jBMB EvswREEn v,RUR • L E EYERGR>:er i }] i LLJ Z f— Cn � J LLI Z O UQ U Nam O CSPD1 UNIT PRICE - $/SF V). lf� to F F+ N N to O to o Ln o to O O O O O O O O O O O 2/1/2015 $135.73 8/1/2015 $13$.43 2/1/2016 8/1/2016 2/1/2017 $151.61 8/1/2017 2/1/2018 8/1/2018 $144.18 2/1/2019 8/1/2019 i 2/1/2020 8/1/2020 $14�.93 2/1/2021 $11p.85 8/1/2021 2/1/2022 8/1/2022 2/1/2023 8/1/2023 $13 5 2/1/2024 $ 7.72 TNT (D LA Q r-r N 2 O 3 m N v N N O r-F T N O fD m Ln r-F cu r+ fD Ln 000==tititimu;uuutiu.=$ =oog �nnn�nnnnc�zzzzn = c�innk� C� m m Q1 W W m m d nnni cpn�npnooQ - c�np� pp F z pp 9 ppP, rparwappp� n m =zz^z�Uzzzz�zgzzzzzz� �aaaa;, aaaa a-aa titi oCoo�o=titi ti tiN� _ S' - Q H NN#N�� #�N HM Nti NN NN H» �, 9 N Y a _ Lot Building Land Im mvement Total Im mvement .Address Borden Sale Date Price SISF Size - SF Size - SF Assessment Assessment Assessment .Assessment - S/SF 1298 Warner Hall Dr. Nmmo Pk-% . & Nenstead Dr. 5/282019 $330 000 $175.35 9.528 1.982 5175.000 $267.500 $442 500 514114 1296 Warner Hall Dr. Nmmo Pk-% . 3/12/2018 $239 000 $147.90 8,679 1,616 5175 000 $226,700 $401,700 $140,28 1294 Warner Hall Dr. Now P4,is . 3/31/1997 $109,000 NA 8,388 2,032 $175,000 5281.700 $456,700 SI38.63 1292 Warner Hag Dr. NmmoPW . 7/1/1985 $106490 NA 8513 2.661 S175.000 5329,700 $504700 $123.90 1288 Warner Hai] Dr. Nmmo Pkn . 12/3/2008 5274 900 NA 8.291 1.616 $175,000 $226300 $401,700 $140.28 1284 Warner Hai] Dr. Nmmo Phs . 5/111990 $95 000 NA 14.070 2.032 5175 000 5275.OD0 5450 000 S 135.33 1280 Warner Hai] Dr. Shopping Center 826I1993 5119,000 NA 10.796 2,753 5175,000 $358,200 5533,200 $130.11 1276 Warner Hall Dr. Shopping Center 3/25/2011 $256 000 NA 7.186 1.605 $175,000 $230.900 5405 900 5143.86 1272 Warner Hai] Dr. Shopping Center 3/23/2011 $283 552 NA 7.180 2.753 $175,000 $373,200 $548,200 $135.56 1268Warner HaBDr. Shopping Center 620/2024 $401425 5197.55 7378 2.032 $175,000 $313200 $488,200 S154.13 1264 Warner Hai] Dr. Shopping Center 1252005 $275 000 NA 7,069 2,753 $175 000 $345 500 5520 500 $125.50 1265 Warner Hai] Dr. Residences 1242023 $514,900 $198.65 7615 2.592 5175.000 5428.000 $603 000 5165.12 1269Warner HallDr. Residence 12/192002 $169900 NA 7600 2.032 5175000 5283.900 $458900 $139.71 1273 Warner Hai] Dr. Residence 12/312002 $175,000 NA 7,762 3.005 5175.000 $379,000 $534,000 $126.12 1277 Warner Hai] Dr. Residence 10/42004 5239.900 N.A 9.021 2.753 5175.000 5348.400 5523 400 512655 1285 Warner Hall Dr. Residence 7/2/2019 5390 000 $167.24 7,806 2.332 5175.000 5364.200 5539 200 $156.17 1289 Wamer NO Dr. Residence 1014/1994 $104.900 NA 7562 1.616 5175000 5226,700 $401,700 $140.28 1293 Warner Hai] Dr. Residence 8/30/1994 5101990 NA 7,648 2560 5175 000 $326 300 $501300 $12746 1297 Warner Hai] Dr. Residence & Newstead Dr. 10/122012 5252,500 NA 8.827 2.032 $175,000 $278,900 5453 900 5137.25 Residential Home Sales - Red Mill Farm $250.00 LL $200.00h a $150.00 ydso V [� C1 $100.00 .0 $50.00 $0.00 c-1 '-I '-I4 r4 r-i r-I0 N N . N N N N N N N N N N 0 O O O O O O 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 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m r,�i m r, I-q m r, -q m r, —4 m 1"\4 m n 11 m r-I —4 1-4 r-I r-i 1-4 avamCommercial 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 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 11 ® Site Property Polygons Zoning Building R7.5 Starling BESS Energy, LLC Windy Willow Court n- d �ck R°a 11 mOU Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Starling BESS Energy, LLC for the Closure of Approximately 29,601 Sq. Ft. of an Improved Right -of -Way known as Windy Willow Court. MEETING DATE: July 8, 2025 ■ Background: Starling BESS Energy, LLC, a Delaware limited liability company (the "Applicant"), requested the closure of approximately 29,601 Sq. Ft. of an Improved Right -of - Way known as Windy Willow Court (the "Right -of -Way"), for the purpose of incorporating the closed area into the adjoining property for the development of a battery energy storage system facility. ■ Considerations: The Right -of -Way was dedicated to the City in 1978 by the Starling Farm subdivision plat, for a residential development. In 1981, the Navy acquired a restrictive easement over Starling Farm, which prohibited the residential development. As a result, the purpose for this residential Right -of -Way is no longer needed. The Viewers determined that the closure of the Right -of -Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion by a recorded vote of 9 to 2 to recommend this request to City Council, with the following conditions: The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage Starling BESS Energy, LLC Page 2 of 2 easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the Applicant has acquired ownership of all such abutting parcels. 5. The Applicant shall verify that no private utilities exist within the Right -of -Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of the Circuit Court. 6. Closure of the Right -of -Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right -of - Way this approval shall be considered null and void. ■ Attachments: Ordinance (with Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE APPROVING APPLICATION OF STARLING BESS ENERGY, LLC FOR THE CLOSURE OF APPROXIMATELY 29,601 SQ. FT. OF AN IMPROVED RIGHT-OF-WAY KNOWN AS WINDY WILLOW COURT WHEREAS, Starling BESS Energy, LLC, a Delaware limited liability company (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described improved right-of-way discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said improved right-of-way be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described improved right-of-way (the "Right -of -Way") be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "DENOTES WINDY WILLOW COURT (50' R/W) PROPOSED TO BE CLOSED, AREA=29,601 SF OR 0.680 AC", and shown as the cross -hatched area on that certain exhibit plat entitled: "EXHIBIT SHOWING WINDY WILLOW COURT PROPOSED TO BE CLOSED (MB 128, PG 8) VIRGINIA BEACH, VIRGINIA", Scale: 1 "=100', dated April 9, 2025, prepared by MSA, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department No GPIN Assigned (City Right -of -Way) Adjacent GPINs: 1495-25-1787. 1495-26-5319, 1495-26-0302 & 1495-36-3419 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Fit, 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the Applicant has acquired ownership of all such abutting parcels. 5. The Applicant shall verify that no private utilities exist within the Right -of - Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of the Circuit Court. 6. Closure of the Right -of -Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right -of -Way this approval shall be considered null and void SECTION III 1. If the preceding conditions are not fulfilled on or before July 7, 2026, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before July 7, 2026, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. 89 90 91 92 93 94 95 96 97 98 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and STARLING BESS ENERGY, LLC, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: Planning Department CA16721 R-1 June 25, 2025 APPROVED AS TO LEGAL SUFFICIENCY: U4 City Attorney Nlf ONOY ALOY MM5 LC LOT 22 (P/B /29 Pl' B) \ 0P/N I495-26-OX2 S82o,S�F R Exhibit A a w I DENOTE5 WINDY WILLOW COURT (50' R/W) PROP05ED TO BE CLO5ED, AREA=29,601 5F OR 0.600 AC Nlf A2LEEN CMfN, Tk5UTff 20' HRSD EASEMENT 11NOf2 7Yf CONEN fXflfPT ,I (D. B. 1402, PG. 398) PIg2/TAL Tt'UST o \ \ (/N5T 20I2090fGYIlO/I6301 N LOT 2l �\ \ (NIB 128, \ B) /N �1f95-29-53I9 APPROX. LOCATION OF � G� Nlf VEPCO POLE LINE EASEMENT \ STA2UAt' W/y LLC OF UNSPECIFIED WIDTH \ 2f5/OUAL 1042CfL B NB (D.B. 1733, PG. 303) \O6?6, \ (NB 197, P4 ?J) CS w \ \ (PIB 206 N 77) C#P/N I05-36-3f19 20' PUBLIC DRAINAGE \ \ EASEMENT (M.B. 128, PG. 8) \ 20' PUBLIC \ WINDY WILLOW COURT DRAINAGE EASEMENT (MB 128, PG ,8 DB 2912, PG 765)(MB 197, PG 23) (M.B. 128, PG. 8) �� (OB 2912, PG 757)(MB 19 ,, PG 20) I Nlf 5MLIN6 FA@Y LLC McCfL A (Affl 197 PY' 20) (OB 2557, PC7 60f) 00/N I05-25-1707 N16'45'56"E 44.23' VAR. WIDTH PUBLIC DRAINAGE EASEMENT (M.B. 197, PG. 20)(DB 2912, PG 757)� 15' VEPCO EASEMENT (DB 2890, PG 1845)� (OB 2890, PG 1876) N:3,455,648.05 E:12,192,516.79 I I 25' VEPCO EASEMENT IS N (DB 2890, PG 1846) co W $- AI o � rn VAR. WIDTH PUBLIC DRAINAGE I IjI EASEMENT (DB 2912, PG 765) & 91 o VAR. WIDTH VEPCO EASEMENT (DB 5 W 2890, PG 1846) I 15' VEPCO EASEMENT (DB 2890, PG 1854) C1 S7314'29"E N:3,455,696.51 48.17' DAM NECK ROAD VAR. WIDTH R/W (MB 128, PG 7)(DB 2912, PG 765)(MB 197, PG 23) (DB 2912, PG 757)(MB 197, PG 20) 0' 100' 5EE 5HEET 2 OF 2 FOR NOTE5 AND CURVE TABLE. l" = 100' EXHIBIT SHOWING WINDY WILLOW COURT GPROPOSED TO BE CLOSED r'��(MB 128, PG 8) MRGINIA BEACH, MRGINIA 5\AERRETHER4>-' THER a M A DATE: 4 9 2025 DWN BY.CJS CHECKED BY. JJV�ENGINEERS SCALE:1" = 100' i SCIENTISTS i SURVEYORS 5032 ROUSE DRIVE, SUITE 200 1 VIRGINIA BEACH, VA 23462 JOB/ 17004E SHEET: 1 OF 2 757.490.9264 1 MSAONLINE.COM 1. TH15 EXHIBIT WA5 CREATED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THEREFORE MAY NOT SHOW ANY/ALL EA5EMENTS OR RE5TRICTION5 THAT MAY AFFECT SAID PROPERTY A5 5HOWN. 2. TH15 EXHIBIT DOE5 NOT CON5TITUTE A BOUNDARY 5URVEY OR 5UBDM510N OF LAND. PROPERTY LINE5 WERE E57ABL15HED FROM RECORDED PLAT5 AND DEED5. 3. THE PURP05E OF TH15 EXHIBIT 15 TO 5HOW THE 5TREET CL05URE OF WINDY WILLOW COURT. 4. NORTH MERIDIAN 5HOWN HEREON 15 BASED ON VIRgNIA 5TATE PLANE COORDINATE 5Y5TEM, SOUTH ZONE NAD83/93 HARN. COORDINATE VALUE5 AND LENV5/DI5TANCE5 5HOWN ARE EXPRE55ED IN U.5. 5URVEY FEET. CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD DELTA TANGENT Cl 1,355.24' 115.64' S6512'45"W 115.61' 4'53'20" 57.86' C2 187.49' 118.18' N45'54'37"W 116.38' 36'09'39" 61.21' C3 50.00' 36.14' N85'50'04"W 35.36' 41'24'35" 18.90' C4 50.00' 229.35' N25'38'51'E 75.00' 262'49'18" 56.69' C5 50.00' 36.14' S44'27'38'E 35.36' 41'25'03" 18.90' C6 237.49' 149.70' S45'55'58'E 147.23' 36'06'57" 77.43' LYN HAfEN PAR W �f B CK R B LEVARD SHIPPS CORNER ROAD SrM DRAKESMILE 1�T 1�1 ROAD HOLLAND ROAD DAM NECK ROAD SOUTH ROSEMONT OA LOCATION MAP - SCALE: 1" = 2,000' EXHIBIT SHOWING WINDY WILLOW COURT PROPOSED TO BE CLOSED JP0(MB 128, PG 8) MRGINIA BEACH, VIRGINIA 5\AERRETHEP` JEFFP` LDWN \ M A DATE:4 9 2025 BY: CJS CHECKED BY: JJV = NA <SCALE:1" 9ENGINEERS SCIENTISTS I SURVEYORS 5032 ROUSE DRIVE, SUITE 200 1 VIRGINIA BEACH, VA 23462 JOB/ 17004E SHEET: 2 OF 2 757.490.9264 1 MSAONLINE.COM Project Details Requests Rezoning (R-7.5 Residential District to 1-1 Light Industrial District) Conditional Use Permit (Battery Energy Storage System) Street Closure Staff Recommendation Approval Staff Planner Marchelle Coleman 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 GPINs 1495251787, 1495265319, 1495260302, & 1495363419 Site Size 25 acres AICUZ 70-75 dB DNL; >75 dB DNL; APZ-2 Watershed Southern Rivers Existing Land Use and Zoning District Former office / 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Retail / 1-1 Light Industrial South Industrial Office / 1-1 Light Industrial East Eating and drinking establishment / 1-1 Light Industrial West Salvage yard / 1-1 Light Industrial Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 1 of 30 • The applicant is requesting to rezone two parcels north of Windy Willow Court from R-7.5 Residential to 1-1 Light Industrial to develop a Battery Energy Storage System facility. In addition to the rezoning, the applicant is requesting a Conditional Use Permit for the Battery Energy Storage System (BESS) and the closure of Windy Willow Court. Of the four parcels associated with this proposed development, only two are currently zoned 1-1 Light Industrial. Per the City's Zoning Ordinance, battery and energy storage facilities are solely permitted within the Industrial zoning districts with a conditional use permit. To comply with this requirement, the applicant is proposing to rezone the two parcels, located north of Windy Willow Court, from R-7.5 Residential District to 1-1 Light Industrial District. In conjunction with the rezoning request, the applicant is seeking a Conditional Use Permit to construct an 80-megawatt (MW) alternating current (AC) Battery Energy Storage System Facility. The facility will consist of battery containers and associated equipment, all located within a secure, fenced compound. The Battery Energy Storage System (BESS) is designed to strengthen the electrical grid reliability and speed to support the development of clean and renewable sources of electricity to the Virginia bulk power transmission system, serving the needs of electric utilities and their customers. The BESS will store electricity from the electric grid during off-peak periods and dispatch the electricity onto the electric grid during times of peak demand. The facility will have a maximum output of 80 megawatts over a four-hour period for a total of 320 megawatt hours per day. The batteries on site will be 9 feet and 5 inches in height and will be charged through an interconnection to the local VA Power (Dominion) electrical grid. These lithium -ion batteries are stored and transported at a recommended state of charge of around 50%. The batteries are expected to be charged and discharged once per day. As required in Section 225.02 of the Zoning Ordinance, the applicant submitted a Decommissioning Plan, dated March 2025, which states that, if approved, the project is anticipated to operate for 25 to 40 years. When the operation ceases, the site will be fully decommissioned, to include the removal and proper disposal of all equipment and facilities within 365 days following the date of final operation. Should additional time be required to decommission the site, the owner must request an extension to the City Council for approval. While complete decommissioning will take approximately 1 year, the batteries will be disconnected from the electrical grid, unplugged from any power source, and physically removed from the site at the beginning of the decommissioning process. Restoration of the property will include soil stabilization and reseeding the site to promote revegetation. The majority of the site is heavily wooded and it is the applicant's intent to utilize the existing vegetation to the greatest extent possible to satisfy the Category VI buffer requirements, as depicted on the Conceptual Landscape Plan. Along Dam Neck Road, much of the existing vegetation will be preserved and supplemented as needed to meet the buffer standards. An eight -foot -tall panel -style privacy fence will also be installed around the battery storage area. As noted on the plan, the final fence material will be subject to approval by the Planning Director or their designee during final site plan review. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 2 of 30 • No signage is proposed on the property. • Portions of the site are located in the 70-75 DB NL noise, the greater than 75 dB DNL noise zone, and the Accidental Potential Zone 2. A portion of the site is also encumbered by a Navy Restrictive Easement. A specific easement and AICUZ compliance review by Navy Staff will occur during the site plan review process. • As stated previously, the applicant is also requesting the closure of the Windy Willow Court cul-de-sac, located along Dam Neck Road. The total area to be closed is approximately 29,601 square feet. The applicant is seeking to incorporate the closed right-of-way into the adjoining lot and will utilize the area as a private entrance with access from Dam Neck Road. • Windy Willow Court was originally established as part of the Starling Farm Subdivision plat, recorded in July 1978, for residential development purposes. However, in October 1981, the U.S. Navy initiated a condemnation action (Deed Book 2170, Page 678), resulting in the acquisition of a restrictive easement that prohibits residential development. As a result, the purpose for this 50-foot-wide residential street is no longer needed. • Dam Neck Road, in the vicinity of the site, is deemed an Access Controlled roadway. As such, prior to recordation of the resubdivision plat, a one -foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 3 of 30 # Request CRZ (AG-2 to Conditional 1 -1) Approved 04/04/2017 CUP (Bulk Storage Yard & Automobile Repair i Garage) Approved 04/04/2017 MDC (Religious Use) Approved 10/14/2003 CUP (Religious Use) Approved 10/29/2002 MDC (Indoor Soccer Facility) Approved 09/08/2009 MDC Approved 08/09/2005 CUP (Outdoor Recreation Facility) Approved 2 03/24/2004 CRZ (AG-2 to Conditional 1-1) Approved 04/23/1993 CUP (Church) Approved 12/14/1993 CUP (Golf Driving Range) 02/25/1992 REZ (1-1 to AG-1) Approved 10/28/1991 3 CRZ (AG-1 to Conditional B-2) Approved 12/02/2003 CUP (Car Wash) Approved 12/02/2003 4 CRZ (AG-1 to Conditional 1-1) Approved 12/02/2003 CUP (Fraternal Organization) Approved 06/25/2002 CRZ (AG-1 to Conditional A-12 (PD-1-12)) Approved 5 08/14/2001 CRZ (B-2 to Conditional AG-1) Approved 10/28/1991 CRZ (AG-1 to Conditional B-2) Approved 09/21/1987 CRZ (R-SD to Conditional 1-1) Approved 07/03/2001 6 CUP (Processing & Storage of Woody Vegetation) Approved 09/22/1998 CRZ (R-5S to Conditional 1-1) Approved 09/22/1998 7 MDC Approved 10/09/2001 CRZ (R-5D to Conditional 1-1) Approved 09/14/1999 8 CRZ (R-5D to Conditional 1-1) Approved 05/09/2000 9 CUP (Church) Approved 10/24/2000 REZ (A-1 to A-2) Approved 11/20/1978 CUP (Motor Vehicle Sales) Approved 04/12/1994 10 CUP (Service Station) Approved 11/05/1984 CUP (Gas Station) Approved 11/17/1980 11 CUP (Service Station) Approved 02/01/1988 REZ (R-6 to 1-1) Approved 06/25/1984 12 SVR Approved 10/11/1977 REZ (AG-1 to R-6) Approved 12/16/1974 13 CUP (Garden shop and nursery) Approved 08/13/1979 8 7 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 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 4 of 30 In Staff's opinion, these requests to rezone the two northern parcels from R-7.5 Residential District to 1-1 Light Industrial District, a Conditional Use Permit to operate a Battery Energy Storage System, and the proposed closure of Windy Willow Court are acceptable. The property is located within the 70-75 dB DNL, the greater than 75 dB DNL noise zone and within the Accident Potential Zone-2 (APZ-2) surrounding NAS Oceana, as well as within the Special Economic Growth Area (SEGA) 3. The property is also encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site. The Comprehensive Plan supports development of this area consistent with the City's AICUZ Ordinance provisions, as preferred uses in the higher noise zones and certainly within the accident potential zones tend to be industrial in nature. The proposed Battery Energy Storage System is consistent with the City's desire to develop properties with uses that are compatible with Naval flight operations. As mentioned previously, the site meets all the requirements of Section 225.02 of the Zoning Ordinance. Adequate buffering is provided, including an eight -foot -tall privacy fence, preserved vegetation, and when necessary, supplemental landscape plantings. Many of the mature trees on the property will remain, which will screen the use from the view of adjacent property owners. At the recommendation of Staff and as noted in Condition 5, the required fence will be a composite style fence, as it is more durable and will hold up better than a wood fence when exposed to weather, UV rays, and other environmental factors. A Viewers' Meeting was held on April 10, 2025, that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney, to consider the street closure application for Windy Willow Court. The Viewers determined that the proposed closure, with the required easements to the City, will not result in any public inconvenience; therefore, closure of the right- of-way is deemed acceptable. As noted in Condition 2 of the Street Closure request, a public utility easement will need to be retained around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road. The applicant is agreeable to this condition. Based on these considerations, Staff recommends approval of these applications, subject to the conditions listed below. 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "AMERICAN POWER VENTURES, LLC— STARLING FARM BESS PROJECT 80MW/320MWH BESS, PRELIMINARY SITE PLAN, DRAWING NUMBER CSK1-1, prepared by POWER ENGINEERS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval that is in substantial conformance to the Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 5 of 30 conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN — PROPOSED FOR STARLING FARMS, SHEET LP-1", prepared by MSA, dated 05/05/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. As depicted on the Conceptual Landscape Plan, the existing mature trees and vegetation shall remain on site in the designated areas. Clearing of trees shall be kept to the absolute minimum necessary to operate the battery storage facility. If trees are removed in the buffer area, they shall be supplemented with plantings to satisfy Category VI buffer requirements. 4. When developed, a photometric plan for the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 5. The proposed eight -foot -tall composite style fence shall be in substantial conformance with the fence rendering depicted on the conceptual landscape plan referenced in Condition 2. 6. When the project ceases to operate, a full site decommissioning shall take place to include the removal and proper disposal of equipment and facilities within 365 days following the date of final operation unless it is extended upon request of and approval by the City Council. The batteries on the site; however, shall be disconnected from the electrical grid and unplugged from any power source at the beginning of the decommissioning process. An engineer's report detailing the cost to decommission and remediate the site shall be submitted and reviewed with the site plan, and a bond or letter of credit to the satisfaction of the City Attorney's office, in the amount determined by the engineer's report, shall be posted with the City of Virginia Beach, prior to site plan release. The bond or letter of credit will be held until the decommissioning is complete and the site is returned to a natural state. 8. An emergency action plan shall be submitted during final site plan review, as required by the Fire Chief of the City of Virginia Beach. 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 City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 6 of 30 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the applicant has acquired ownership of all such abutting parcels. 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Suburban Area and in the Special Economic Growth Area 3. 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 Special Economic Growth Area 3 includes recommended land use policies for development in this area. All proposed land uses must comply with the City's AICUZ provisions and the Oceana Land Use Conformity Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 7 of 30 Program. Where feasible, efforts should be made to consolidate parcels to promote a more cohesive development pattern and the area should be designated for non-residential uses, including a mix of light industrial, low-rise office, and limited retail. (pg. 2-90) The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-3,435 ADT Dam Neck Road 35,120 ADT' 36,900 ADT 1(LOS 4 "D") Proposed Land Use 3- No trip generation Data Available ' Average Daily Trips 2As defined by 13.6 acres zoned R-7.5 & 38.9 acres zoned 1-1 'As defined by a proposed battery storage facility 4LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in the vicinity of this site, is an access controlled four -lane major arterial suburban roadway. Dam Neck Road has an approximate right-of-way width of 80 feet, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no CIP projects scheduled for this segment of Dam Neck Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 8 of 30 Project Stormwater Design Staff Summary Stormwater runoff from the site currently either ponds onsite or flows southeast towards the public drainage system along Dam Neck Road. Stormwater runoff from the proposed development will be collected into a stormwater wet pond that will treat for water quality and water quantity before discharging into the public drainage system along Dam Neck Road. A hydrodynamic structure manufactured treatment device is also proposed to provide additional water quality treatment for runoff leaving the site. There is no intended fill proposed within the Floodplain Subject to Special Restrictions. Based on the information provided by MSA in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 13.21 acres Pre -Development impervious area: 1.55 acres Post -Development impervious area: 12.32 acres Stormwater Management Facility Design Information Type of facility proposed: Wet pond and Hydrodynamic Structure Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge directly into the public drainage system located along Dam Neck Road. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains south through the public drainage system along Dam Neck Road, eastward through the Holland Road Canal 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 There is a 20-inch City water transmission main along Dam Neck Road. There is a plugged 16-inch City water main extended towards Windy Willow Court. City water is available to the site from Dam Neck Road. Sewer There is a 42-inch HRSD sanitary sewer force main bisecting the proposed development. There is also a 16-inch City sanitary sewer force main along Holland Road. City sanitary sewer is not available to the site. Pumping to the City force main in Holland Road may be an option if sanitary sewer service is needed. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 9 of 30 Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • 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 24, 2025 and July 1, 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 23, 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 July 3, 2025. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 10 of 30 � I D � 0. CD C- W CU m -0 ;T N v fD (A m( 3 m (� IV O W 0 M 0 A n I - I , rY1rDNRw/ wm-aorlcl - DODN VIRGINIA BEACH, VA VICINITY MAP PROJECT DATA PROImtNnRESS HIMINWrVALLOWCOURTVNOIEASM-A 36.7=1', 750/67W' 1CVFNGEMEA VML W FMN SL®A6CN LOTH' NN5I FLRES ZOBNOR75 RELIDENNI LOW N.I57lLRES WWNGI:R75. RMDENlYI PMCFLA 89V UAE6 NNUNGII .IGXT IYOUSiR1AL PARCEL! X NACRES WRING II r IkCUMAIL SETSSCIS PER N RGIM BEACH CO]E OF ORDI W ICES APPENON A TRONTSTRE ET YARD 3T 11, NO m R71 SCENEM YARD. B P;LT RTS FENA F RN PANEL 5'M!A 2G, SITE WITHIN ZONE LEGEND FP.OKR'Y SOLNOARr LINE Nl0.ECT CW7IMKL USE LIMITS --------- ONE PXT IN) IkGRESSEGRESS FASENENT PROPOSED CHIN A11NN FENCE 1 PROFOSEDBESSLNIIS BATTERY INTERFACE CARNET NNEERC tgSIONSIUD BE. BATTERY W-10Y SICNME SYSR. RdDSCRTVNO GRAVELMACNG PROPOSED STORUMTE R MM N!Ek-AREA --... (I I I SN SFr 157 ACRES SIDYRB POTENTIAL NON-TITLEDNETLMDS AREA VFTLANJONTURSAICE PRO OSEDSTCMN OWN PPE NOTES RLO{OSEDSTORN GRAN NXT NNcSCTarneENe•N*- bEDW NIR/(Ra" . I Mp.NCAfYAADBERrEY D11A �19LDNIkf BILE AL,W Yq #OWEDBYMIER^,.W AT%R'tFHTREY:IC(N•1AOxRDAPEC e MDPDSEDSTGRY OWN VAHOLE C A is X IQFEr NTIN AYE COCT.ANAT wIm9. B.5'NEW PADN NTAWG ND O'lR'<l EDN1A3V.'W NDltEIB £RAICAiAfOI AW'IDTN 9.Ntfr M�NSnbl At.• :.AANCSMM. I.:TZ 1 MYf'VAD [ELIEfMINOgItX rRN>K{1@3YNNAID DNRFTFD NY kN.A PEEEP TO ^W YETNOf£tNGikYR '--MINT. 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YfrBfEi'1101 F� U Izt O J 06 � O N ro UJ � w E ub N v Q N w � co -O c OD L Q m 20,5 Feet length 8 Feet Depth Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 14 of 30 N/F �\ AlIf7Y MLW FA01lS LC Lor LOT PP (hl! I'm H"i C) ` QW Jf9S-P6-XX \ \ �`S4 l WINDY WILLOW COURT (50' RJW) ®DENOTES PIZOP05W TO BE CLDSED, AREA-29,601 5F OR 0.600 AC N/F a� 20' HRSO EASEMENT �(D.B. 14OZ PG, 398) Aq.mv craft 7X5f w GWP I& Ca"QYVT 2'xem 70AW (AkiT PYl/P1/Q710!/6JI0) \ \ Q9N /f9�P6-9JJ9 APPROX. LOCA7I01V OF ¢ G \ Nvr VEPCO POLE LINE EASEMENT 5ZIOV " FAf1Y LLC OF UNSPECIFIED WIDTH \ ArSIP059 RAfM L (D.B. 1733 PG. 303) \ it Ng` ?s \ (M �) \f9s-J6-Jf/9 20"PUBUC DRAINAGE \ EASEMENT (M.B. 12a P& 8) a 1---20" PUBLIC (WINDY WILLOW COURT 1 DRAINAGE EASEMENT (MB 128, DPG 891((DB 2912, GM8 765 MBPG 197 PG 23) (MB. 128, PG B) B 21 PG 757�19� , N/F I 5T.t?L w FAOY LLC RARI= A 0 (PA! 197 x IV) � fX P,197 I't"i GPN Q9N 14(93-25-17Il7 N16'45'56'E_ I VAR. W10TH PUBLIC DRAINAGE EASEMENT M (M.B. 197, PG. 20XDB 291Z PG 757) 15' VfPCO EASEMENT (DO 2890, PG 1845)� (08 2890, PG 1876) C 4 S7314'29 E 12192 516.7 4111 25' VEPCO EASEMENT (DB 2890, PG 1846) VAR. IDTH PUBLIC DRAINAGE EASEMENT (OB 291Z PG 765) R VAR. WIDTH VEPCO EASEMENT (DO 2890, PG 1846) _ �15' VEPCO EASEMENT (DB 2890, PG 1854) DAM NECK ROAD VAR. WIDTH RIV (US 12A PG 7XD6 291Z PG 765XMB 197, PG 23) (08 291Z PG 757XMB 197, PG 20) 0' 10(y 511 &W 2 OF 2 FOR NOTE5 AND CURV1: TABLG 1' - 100' EXHOT SHOW 4 Gr WINDRo a� WILLOW ART 'I'C,(MB 128. PG 8) VRIiNA BEACH, MWNIA DMIERRETHEP" THLIta MSA �.�CHECKED oAN 2025 OWN B JS KED BY:c)ENGINEERS SCALE.1* - 100' I SCIENTISTS I SURVEYORS 5032 ROUSE DRIVE, SUITE 200 1 VIRGINIA BEACH, VA 23462 JOBI 17004E SHEET: 1 OF 2 757.490.92641 MSAONUNE.COM Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 15 of 30 NOTESw I. T}U5 fXHBIT WA5 C2EATf0 WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THEREFORE MAY NOT 5HOW ANY/ALL EA5EMENT5 OR RESTRICTT0145 THAT MAY AFFECT SAD PROPERTY A5 5HOWN. 2. TH15 EXHIBIT DOES NOT CON5TITUTE A BOUNDARY 5URVEY OR 5UBDM510N OF LAND. PROPERTY LINE5 WERE E5TABL15HED FROM RECORDED PLATS AND DEED5. 3. THE PURPO5E OF TH15 EXHIBIT 15 TO 5HOW THE 5TREET CL05URE OF WINDY WILLOW COURT. 4. NORTH MERIDIAN 5HOWN HEREON 15 BA5ED ON VIRWIA STATE PLANE COORDQJIITE 5Y5TEM, SOUTH ZONE NAD53/93 HARN_ COORDINATE VALUES AND LENCGTH5/DI5TANCE5 5HOWN ARE EXPRESSED IN U.5. SURVEY FEET. CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD DELTA TANGENT C1 1,355.24' 115.64' S65'12'45'W 115.61' 4'53'20' 57.86' C2 187.49' 118.18' N4554'37"W 116.38' 36'09'39' 61.21' C3 50.00' 36.14' N85'S0'04'W 35.36' 41'24'35' 18.90' C4 50.00' 229.35' N2538'51"E 75.00' 262'49'18" 56.69' CS 50.00' 36.14' S4427'38"E 35.36' 41'25'03" 18.90' C6 237.49" 149.70' S45'55'58"E 147.23' 36'06 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 16 of 30 BESS-Specific Recommissioning Plan for Starting BESS Energy LLC BATTERY ENERGY STORAGE SYSTEM -SPECIFIC DECOMMISSIONING PLAN Starling BESS Energy LLC March 2025 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 17 of 30 TABLE OF CONTENTS CONTENTS BESS-Specific Decommissioning Plan for Starling BESS Energy LLC 1.0 Introduction................................................................................................. 3 2.0 Decommissioning Activities............................................................................ 3 3.0 Demolition Instructions.................................................................................4 3.1 Project Component Removal........................................................................ 4 3.2 Concrete Slab Removal................................................................................ 4 3.3 Site Restoration Process............................................................................. 4 4.0 Emergency BESS Decommissioning....................................................................5 APPENDIX Appendix 1 —Site Plan Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 18 of 30 BESS-Specific Decommissioning Plan for Starling BESS Energy LLC 1.0 Introduction Starling BESS Energy LLC ("Applicant'), a New Jersey limited liability company, hereby submits this plan for the eventual decommissioning of the Battery Energy Storage System ("BESS") specific materials of the proposed 40 MWac facility ("Project) located at the intersection of Holland Rd and Dam Neck Rd in Virginia Beach. The establishment of a Decommissioning Plan ('Plan") for review as part of the Conditional Use Permit Application and Sections 111 and 1001 of the City Zoning Ordinance to add terms related to energy/battery storage facilities to Section 225.02. A site plan is provided in Appendix 1 for reference 2.0 Decommissioning Activities The Project is anticipated to operate for 25-40 years. At the time the Project ceases to operate, Applicant will perform full site decommissioning which shall include the removal and proper disposal of equipment, facilities, or devices on real property including restoration of the real property upon which equipment, facilities, or devices are located. The physical removal of the battery storage facility shall be completed within 365 days following the date of final operation. This period may be extended upon request and approval of the City Council. Restoration of the real property shall include soil stabilization, and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices. Further, decommissioning procedures which shall include, but not limited to, removal of any above and below ground tanks, cables, fencing, debris, buildings, structures or equipment, to include foundations and pads. related to the facility and restoration land and related disturbed areas to a natural condition or other approved state. "Natural condition" shall be taken to mean the stabilization of soil to a depth of three (3) feet and restoration of site vegetation and topography to its pre- existing condition, provided that the exact method and final site restoration plan shall be subject to site plan review giving, among other things, consideration to impacts upon future site use, environmental and adjacent property impacts. The handling and disposal of all battery storage equipment, facilities or devices shall be completed in accordance with all applicable Federal, State and local requirements. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 19 of 30 BESS-Specific Decommissioning Plan for Starling BESS Energy LLC At the end of the Project's useful life, and in the event the Applicant does not seek approval to repower the Project, Applicant will decommission the Project as required under the Citing Zoning Ordinance. Upon completion of decommissioning, Applicant shall seek a certification of completion from the City Council CICY)• 3.0 Demolition Instructions The following is the sequential procedure that should be followed by for removal of the BESS specific items pursuant to this plan. Note that site decommissioning demolition instructions are established in the site decommissioning plan. 3.1 Project Component Removal The BESS containers will be removed from their concrete pads. The BESS containers will be removed by crane and set on tractor trailers for transport. The containers will be transported to their manufacturing facility where they will be recycled. The battery recycling estimate is based on an estimate provided by the battery system integrator. 3.2 Concrete Slab Removal Concrete slabs used for the BESS containers will be broken and removed to a depth of three feet below grade. Clean concrete will be crushed and disposed of off -site and/or recycled and reused either on or off -site. The excavation will be filled with subgrade material found on -site of quality and compacted density comparable to the surrounding area. 3.3 Site Restoration Process The site consists of approximately 40 acres of industrial land. The area containing BESS specific equipment is approximately 15 acres. Following the decommissioning activities, the sub- grade material, and topsoil from affected areas will be de -compacted and restored to a density and depth consistent with the surrounding areas. All unexcavated areas. compacted by used in decommissioning shall be de -compacted in a manner to adequately restore the topsoil and sub - grade material to the proper density consistent and compatible with the surrounding area. The affected areas will be inspected, thoroughly cleaned, and all construction related debris removed. Disturbed areas will be reseeded to promote the revegetation of the area unless the area is to be immediately redeveloped. In all areas restoration shall include, as reasonably required, levelling, terracing, mulching, and other necessary steps to prevent soil erosion, to ensure the establishment of suitable grasses and (orbs, and to control noxious weeds and pests. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 20 of 30 BESS•Specific Decommissioning Plan for Starling BESS Energy LLC 4.0 Emergency BESS Decommissioning In the event of a BESS failure that requires emergency removal (such as a BESS container fire) the Applicant will be responsible for proper removal and disposal of the BESS system and any damaged equipment surrounding the BESS. The BESS equipment will be replaced in kind or equivalent at the Applicant's expense. If an equivalent BESS system is used as replacement the Town will be notified of the equivalent replacement. Additional training for the equivalent BESS system will be required and provided by the Applicant. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 21 of 30 d \ /�«»� � � Starling BESSEnergy, wE Agenda Items / \ & 4 page 22 0 30 Site Photos Ail Fri'. � � i .� � s 'C.. � � c ���•yyg� 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 Starling- BESS Energy, LLC Is Applicant also the Owner of the subject property? Yeso NoQ If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? YesO NoO 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? Yes@Noo If yes, list the names of oil officers, directors, members, or trustees below AND businesses that have a varent- subsidiary t or affiliated business entity l relationship with the applicant. (Attach list if necessary.) Will Zapalac, President Does the subject property have a proposed or pending purchaser? Yes • No if yes, nome 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 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 O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y -2024 page 1 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 24 of 30 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape Architect/Land Planner O Q Construction Contractor O Q Engineer/Surveyor/Agent 0 O Tom Holleran, Power Engineers; Doug Will; MSA, PC Legal Services O O R Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahem & Levy, P.C. 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. Will Zapalac, President r� 3/27/25 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. 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 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 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 § 2.1-3101, FOR CITY USE ONLY: No changes as of (date): 6/17/2025 Marchelle L. Coleman Staff Name (Print) Disclosure Statement I rev. May-2024 Staff Signature 6/17/2025 Date page 2 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 25 of 30 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Starling Farm, LLC, a Virginia limited liability company Is the Owner 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-subsidiary1 or a ilioted business entity z relationship with the applicant. (Attach list if necessary.) Benjamin D. Cohen, Manager; Benjamin D. Cohen & General Investors Realty Associates, a limited partnership Members;*See Attached List does the subject property have a proposed or pending purchaser? Yes(j) 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 C) Noe 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 NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, cross- col lateraIization, etc.) O O Real Estate Broker/Agent/Realtor e O John Katsias, The Katsias Company Accounting/Tax Return Preparation (D O Nicole Kint, Wall Einhorn & Chernitzer Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor --------------- o G) Engineer/Surveyor/Agent 0 e Legal Services Q Q Alan M. Frieden, Frieden Seery Nuckols & Hahn, PC PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has i scheduled for public hearing, I am responsible for updating the information provided herein thr to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or an p rrbo o committee in connection with this application. Starling Farm, LLC Benjamin D. Cohen, Manager Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 26 of 30 Starling Farm, LLC Disclosure Statement Cont'd. GTRA Partners are BAJ Associates, LLC (general partner) & Andrew H. Cohen, Betsy H. Cohen and James H. Cohen 2013 Irrevocable Trust dated October 24, 2013 (Cheryl A. Furlong, Trustee, (limited partners) H:\AM\"Street Closure\"'Starling BESS Energy\Starting Farm Disclosure Cont'd.doa Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 27 of 30 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name; as listed on application Cohen Exempt Marital Trust U/A dated July 26, 2004 Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? Yes( No(D If yes, list the nomes of all officers, directors, members, or trustees below AND businesses that have a )arent-subsidiary' or affiliated business entity � relationship with the applicant. (Attach list if necessary.) Benjamin D. Cohen, Trustee )oes the subject property have a proposed or pending purchaser? YesQ Noo 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 Q No es, narne 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 norne 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, O O cross-coliateralization, etc.) Real Estate Broker/Agent/Realtor Q 0 John Katsias, The Katsias Company Accounting/Tax Return Preparation S (D Nicole Klnt, Wall Elnhorn & Chernlizer Architect/Designer/Landscape O O Architect/Land Planner 0 G) Construction Contractor Engineer/Surveyor/Agent O 0 Legal Services 0 1 _ Alan M. Frieder, Frieden Seery Nuckols & Hahn, PC PROPERTY OWNER CERTIFICATION READ: I certify that ad 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 thr e s p or to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or ar public b y or committee in connection with this application. The Cohen Exempt Marital Trust Benjamin D. Cohen, Trustee Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 28 of 30 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Arleen Cohen, Benjamin D. Cohen, Trustees in liquidtion of Windy Willow Farm, LLC Is the Owner 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 )orent-subsidiory ' or affiliated business entity `relationship with the applicant. (Attach list if necessary.) Arleen Cohen & Benjamin D. Cohen, Trustees in Liquidation (Managers of Windy Willow Farms, LC )oes the subject property have a proposed or pending purchaser? YesO Noo 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 0 NoQ 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 Q 0 John Katsias, The Katsias Company Accounting/Tax Return Preparation 0 Nicole Kint, Wall Einhorn & Chernitzer Architect/Designer/landscape Architect/Land Planner O O Construction Contractor © G Engineer/Surveyor/Agent Legal Services I (�) 1 0 Alan M. Frieden, Frieden Seery Nuckols & Hahn, PC PROPERTY OWNER CERTIFICATION READ: I certify that all informotion 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 ant responsible for updating the information provided herein three w r to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any pommittee in connection with this application. Windy Willow Farms LC Benjamin D. Cohen, Trustee Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y -2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 29 of 30 • 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. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 30 of 30 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #2, 3, and 4 STARLING BESS ENERGY, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business is the regular agenda. Madam Clerk, will you please call the first item? Clerk: Our first items are items 2, 3 and 4, Starling BESS Energy, LLC. Ms. Cuellar: Welcome. Mr. Bourdon: Is anyone signed up to speak other than, Mr. Wilson and, Mr. Brown. Clerk: None at this time. Mr. Bourdon: Okay. But Mr. Wilson and Mr. Brown are on WebEx, correct? Clerk: Yes, I have, Mr. Brown, Mr. Seeker, and Mr. Watson. Mr. Bourdon: Okay. Sorry. My bad. I got Watson. For the record, Eddie Bourdon, Virginia Beach attorney representing Starling BESS Energy, LLC, on these applications. I think Marchelle did a masterful job in the informal this morning of explaining the applications to you. The street closure application. I'll start with that. It's the simplest one. The applicant owns all of the properties surrounding this street, it's a paper street or semi -paved, say, paper Street that was created back in the 70s, when the property was zoned residential. Prior to the Navy condemning the development rights of the property for any residential use whatsoever. If it had been able to be developed residential, it would have houses on it a long time ago, and thus the need for the road does not exist any longer, and that will be with the closure by council, will be acquired and re - subdivided into this property, all the property lines will be vacated, and as Marchelle indicated, there'll be a no ingress -egress easement placed over the frontage on Dam Neck Road, with the exception of the access that we're closing today as a public street. But it'll be the ingress -egress to this property. It'll be a part of the property itself. As for the rezoning from R-7.5 to I-1 light industrial on the northern portions of the property, the current zoning has no utility whatsoever, and the SEGA provisions in the comprehensive plan have recommended this for light industrial development for going on 25 years, maybe actually more than 25 years. So those are the two easy parts of this application. The rest of it, I think is pretty straightforward. We'll start with our commitment to our states and our region's commitment to renewable energy. The renewable energy created by the Offshore Wind Project of Dominion Power will need a facility like this one in order to keep and transmit the energy after it's converted, so that it'll fit on the grid, that's the layperson's way of putting it. Most of that wind energy, although it's obviously can be created anytime during the day or night, but at night is when most of it is created, and that's when there's the least demand, and that's where it will be offloaded into this facility. And then, as is stated in the staff report, four hours a day, it will discharge energy into the grid during the high demand time. So, we as a country try to diversify and not just rely on coal and more importantly on fossil fuels renewables. That's the only reason this is here. We make it one thing clear. That may have been some misunderstanding. I think it's pretty well set forth in the answers to the questions that we provided. This facility with this use permit will only be built if, and not really a question of if, but when Dominion Power approves it to be added into their grid, the money is not gonna be spent. No one's gonna develop this, unless it's a part of the grid, and we're simply getting prepared for that, and if offshore wind energy disappears and it'll never be built, and the conditional use permit, if it's granted will expire because it's got to be activated by developing it within two to five years. So, that's the reality. This is not going to do any harm to anybody, and it's not gonna be developed this way unless it's a part of the grid. I think we answered that question adequately. The questions that were asked about the DEQ filing status, and y'all can an ask them again if I didn't write them all down. But, the DEQ application hasn't been submitted yet. It's a stormwater application, and it will have to be submitted and approved. I would suggest that our city's stormwater standards are in excess of DEQs for the most part under our new policy. So, we're not too concerned about that. But it will, if this is approved by council, again, this, this process will go on the regulatory approval process and that DEQ application will be filed, and obviously it's a precursor. The ordinance that we have in the city was one that our city staff researched, and with the assistance of a previous planning commission, for those provisions in our ordinance were prepared. They were proposed after being researched. Public hearings were held by planning commission and city council, and the changes that to the zoning ordinance were adopted and we're dealing with the ordinance that we have today, and that's all that has been done within the last five years. So, my clients, as most of you know, were directed to another site over a year, well, probably about three years ago now, and that was not the best site to be directed to. The wonderful folks in the adjacent neighborhood who truly, I mean that I'm not being sarcastic, they were wise enough to express to the consultant that was handling the interface with them that they should move this somewhere on Dam Neck Road. Exactly what they said, my clients listened, and that's where they are, in just the right location. It was the right location then. It's the right location now. This application with the conditions that staff has recommended including the posting of a bond or letter of credit, and that condition as worded is certainly acceptable to my clients. The city is totally protected with regard to the decommissioning and the removal of these battery storage units at the end of the useful life 25 to 40 years. Now there were some questions asked that I'm not qualified to answer. That's why I wanted to make sure that Mr. Brown and Mr. Watson were on the WebEx. If you all want to ask them yourselves rather than have me ask them, I think that's probably better. I know one had to do with the smoke. Well, before we do that, let me do one other thing. I'm sorry. If y'all see the plan, and maybe y'all have it up in front of you, it's important to y'all to understand where these battery storage units are, are the little dots on the plan. Okay. If you look, the BMP, which is very large, is the large orange area in the lower left, that's the stormwater BMP. To the north of that, there's an HRSD force main that runs through this property. That's what that line running through at diagonals. You'll notice that the actual units, the actual cabinets are to the right of that teal line. We are well over, well over 100 feet from the boundary of the property, and back down in the lower part, we're 250 feet from the property line. We're not near any neighbors and we're more than 100 feet. There's only one place that we are a little more than 100 feet from, and that's the northern side is the only place were, we're still more than 100 feet from any boundary. So, we have an eight -foot fence around the entirety, as is recommended by staff. The type of fence that's recommended is absolutely acceptable to my client. We're maintaining all the existing forested vegetated area, and we also, in the area where the BMP is located, which we're 250 feet back from the property line, we will be planting the double row of evergreens on the west side or the outside of the BMP, then you have the fence. Anywhere else where there's any gaps that any anyone thinks there need to be additional landscaping in that a 100-foot buffer, we'll plant the same landscaping if there are gaps in that buffer. So, the buffer is what it's supposed to be under our ordinance. The other thing I'll mention, and it's in the answer to the questions the industry standard is and early on with this, there were problems in some places, but I'll point out that the folks you're gonna be hearing from with your questions have done over a hundred of these and they've never had a fire. So the fire threat was something that in some measure had to do with people not understanding and learning from mistakes. Now, these are spaced so that if there is an issue in one, then you know it, you don't allow the other ones to be a part of the conflagration, and they also have better technology in these now than they did when they first started. So, there's no water gonna be applied to any fire event. I think that's explained in the answers. If y'all had a chance to read the answers, we provided the questions that y'all had asked. With that, I will, let you all ask whatever questions you need to ask, and the gentleman will be happy to try to answer them if I can't. Ms. Cuellar: Thank you, Mr. Bourdon. Questions for the applicant? Commissioner Camp? Mr. Camp: Good afternoon. Thank you very much for the agreement on the financial security related to the decommissioning plan. Do I need to read that into the record or is it sufficient to say that the applicant is agreeable to the condition? Ms. Eisenberg: It should be made with the motion. Mr. Camp: Okay. But I don't need, or I'll need to read the whole -- Ms. Eisenberg: You'll need to read the whole condition for the motion. Mr. Camp: Okay. Thank you. Mr. Bourdon: We are totally accepting as worded, so, that's fine. Mr. Camp: The second question is, I realize on the questions stated from the site plan that the response given about sound and noise stated that the facility will comply with an ordinance. But that wasn't the question. The question asked was, do we have an estimation of the sound profile that this facility will generate when it is operating? What I'm really looking for, it's just the number in terms of a range of DBAs. Ms. Cuellar: Thank you. If you could please state your name for the record. Mr. Poison: My name is Mark Polson. The facility will comply with the local or the zoning ordinance, you know, below 55 DBA. Typically, these things range between 45 and 50 DBA. Mr. Camp: Thank you. My next question is, with regard to waste batteries, will waste batteries be stored on site for a period longer than six months, or would you be willing to suggest that that will not occur? Mr. Brown: Hello, my name is Joe Brown. Can you guys hear me? Ms. Cuellar: We can. Thank you very much. Mr. Brown: Yeah, so the quick answer to your question is these batteries are designed to last for 20 years, and at the end of that life, we would not be storing any of the waste batteries at the end of life. We would be recycling them at a facility probably a US located, so there would be no storage of any waste battery products on site. Mr. Camp: Thank you. The last question that I had was, and I wanted to preface it by saying, I appreciate your statement at the front in terms of finding a correct location for an industrial use that inclines me to want to support this, because as far as our overall comprehensive plan, it's in the right place. The reason for all of these questions is this would be the first such facility in our city. So, it's an entirely new thing to find out about. I think we need to talk about the fire risk a little bit more, it's only been four months since the largest BESS fire in the United States, and the State of California has stopped permitting these at the moment as they review their regulations. There have been three other large-scale incidents at these over the last four months as well. So, I think we'd be remiss not to hear a little bit more from the applicant about your assessment of fire risk and remedial measures or better preventive measures. Mr. Bourdon: Let Joe answer that since he's the expert and they've done a hundred of these without one. Mr. Brown: Our Safety Compliance Officer is on the call, Mike Watson, if you could unmute him, he could better answer. Mr. Watson: Mike Watson, can you hear me? I'd just like to first of all say thank you for having me as part of this conversation and preface it that, you know, my history is, you know, my career has been in regulatory compliance and I'm a technical reviewer for national international standards. I sit on the standard technical panel for these standards. So, it's a great question and it's a pertinent question. And, you know, in order to ensure that we've done our technical due diligence, we intentionally light our product on fire and we intentionally induce thermal runaway so that we can investigate the results of what would happen, right? So, we perform this at the cell level, we perform it at the module level, and we perform it at the rack level. After all those tests are have been completed, we collect the data, not only just, you know, what happens, but we actually collect the gas itself, send it to a lab to be analyzed so that we can pick and pull out every single hydrocarbon that was exhausted from the system and the percentages of each. From all of this, we show that we actually don't need to do any further testing. However, because of market demand, and we want to ensure, you know, credibility for our product and build confidence in the market, we are in the works of actually doing a large scale fire test, intentionally burning multiple containers to further show, if there is an event, that it is, you know, it's going to extinguish itself in a in a safe way. So in addition to that, because I lead all of the regulatory compliance for this product in the United States, we have a litany of regulatory standards that I ensure that we, you know, you know, that we are in compliance with, and not just internally, but I contract third party companies to assess our product against these standards. All of these documents are available to be reviewed and to be picked and pulled through. I regularly speak with city council members like yourself, with AHJs, with fire marshals, and I also, I don't just present the story, but I also ask them, is there something that we're missing? Is there something that we could do better? In addition to that, of all the counties, I know you mentioned California, which is, you know, one of the most stringent when it comes to these regulatory requirements, which is great. There's one that's -- and that's New York City, and I'm, you know, we'll let you know that as of today we have two applications in with New York City to be able to install our product in their county. This is a huge deal because once that is accepted, it'll be further evidence that we have done our proper due diligence. I welcome any other further questions related to this topic? Mr. Camp: So, if I may ask just a clarification, would you concur that there are approximately 300 of these installations of type facilities? Mr. Watson: Is your question throughout the United States or Trina specifically, or? Mr. Camp: What I'm trying to do is scale your earlier response where you stated that you were involved in approximately 100 of these, and if I understand that there are about 300 in existence, it would give us some understanding that that's about a third of the ones that are out there. Am I on the right track here? Mr. Watson: Yes, sir. Mr. Camp: So, to pull that all together, you or your firm have been involved in approximately one third of the installations and none of them have had a major fire incident? Mr. Watson: Yes, sir. That's correct. This is also globally as well. So, you are correct. Mr. Camp: Thank you for the clarifications. Thank you, Madam Chair. Mr. Bourdon: If I could add something to that not on a technical basis. As you can tell, the testing continues, and the improvements continue because of the timing of when the need will exist is not here right now. This will probably not come online. This facility, we're asking to get approved today for two and a half to three years. So, there will, in all likelihood be further improvement as the next two plus years go by in terms of the safety. Ms. Cuellar: Thank you very much, Commissioner Plumlee. Mr. Plumlee: Okay. Are there established setbacks, cold zones around these batteries? And what are the distances, because it's not set that I can see and I've read through the application. Is that in a condition? Mr. Bourdon: Well, it's on the plan. If it scales, it scales out. I didn't, I don't have the exact number of feet. Ordinance provides for what required distances between them. Mr. Plumlee: What is that? Mr. Bourdon: I don't have it in front of me. Mr. Plumlee: Okay. Is there remote monitoring systems installed for fire or detection of any kind of chemistry coming from this battery? Mr. Bourdon: Mr. Watson can answer that question better than I can as to the specifics of the remote monitoring. Mr. Watson: Yeah, I'll actually pass this over to Joe Brown. Mr. Brown: Yes, the answer to your question is the site will be remote monitored 24/7/365. Mr. Plumlee: Is there going to be an onsite fixed water source, like a hydrant or other high volume water systems nearby? Mr. Brown: That's beyond our scope. We'd have to defer to Mark in the room. Mr. Plumlee: What is the estimated cost of decommissioning this site? Mr. Bourdon: The estimated cost somewhere between two and a half, and three and a half million dollars. Mr. Plumlee: What's the basis of that estimate? Mr. Bourdon: My client has got it from some engineers, independent engineers to give them an estimate as to what it would cost for this size of a facility. But that, again, that will be a part of the decommissioning, and it could be a whole lot different by that time. Mr. Plumlee: What experience do they have decommissioning a site, you're making an estimate. I'd like to know what they based it on? Mr. Bourdon: I'm just giving you the answer. That's what the engineers told us. Mr. Plumlee: Is there an emergency response plan that's been gone over with the local fire chief for this site? Mr. Bourdon: The answer to question number -- we answered that question. They will meet with and go through this with the fire department. Mr. Plumlee: Has there been any training of our fire department how to address any type of emergency at a facility like this and what it would require for drills and training? I'm not asking John to answer that question. I'm asking you, so. Mr. Coston: I'll say something. The fire department inspects all of these facilities on annual basis. Each truck has a plan and in that truck that's on the truck and it's on all the stations that respond, that would respond to that incident. Even the battalion chief who handles the whole district has a copy of all these plans so that we can coordinate efforts in the event of a fire. We have been noted as being one of the best fire departments in the country. Mr. Bourdon: That was exactly what I was planning on saying. Mr. Plumlee: I don't think that he was your answer, Mr. Bourdon. But let me, let me just say this — Mr. Bourdon: No, I think I will answer the question. The question is my clients will -- Mr. Plumlee: I will just interrupt because I'm waiting for response. Mr. Bourdon: You don't want me to answer the question? Mr. Plumlee: I don't want to get into argument about it, but what I'm asking is of the applicant, simple question, have they gone over these procedures with our fire department to understand the peculiarities of this particular operation? That's the extent of the question. Mr. Bourdon: The answer to your question is they will be doing that long before this facility is ever in place. Mr. Plumlee: So, the answer is no. Mr. Bourdon: No, it has no reason to your, the fire department was involved in creating this ordinance. There's nothing in the ordinance that says that the applicant needs to educate the fire department before the application is ever approved. Mr. Plumlee: I agree. It doesn't say that. So, we don't have in place any type of drill for our fire personnel to handle a situation with a facility like that, and that's the point I'm trying to reach. I'm not trying to get in an argument with you. I'm just trying to make the point that our current zoning ordinance has very few restrictions on this type of facility with regards to design, operation, and decommissioning, and because this is a new technology, which we're talking about 20 years into the future decommissioning, none of us really have an understanding of what the costs and requirements are gonna be with regards to decommission. I'm not trying to be rude, I just, there's a lot of information to try to go through, and I've got folks online who I don't see when they're ready to answer a question when they're not, and it's a little difficult to have a hearing in this format. But I would like to know what the current setback is for this facility? What is the setback buffer all around where these are planned to go? Mr. Bourdon: From each unit? Mr. Plumlee: Yes. Ms. Alcock: I just wanted clarification on that. In the ordinance, we have a 100-foot setback from all batteries and structure from the property line, but I wasn't sure if that was your question or if you mean between the actual batteries themselves? Mr. Plumlee: Well, the ordinance in Chesapeake is 300 feet. The area that we saw in the Richmond area, I believe was also 300 feet for this. So, I wanted to at least establish that this was going to be, if that was the plan, 100 feet. I don't know if you planned on a greater buffer than what the ordinance was requiring, but it doesn't sound like that's what's being required. Mr. Bourdon: The buffer from adjacent in the northern, a portion of the northern is 100 feet, most of it is more than 100 feet. From on the west side, it's over 150 to over to 250. Mr. Plumlee: Is that in a condition or is that just simply the design currently? Mr. Bourdon: I'm sorry. Mr. Plumlee: Is that a condition of the permit or is that just in the design that's before us? Mr. Bourdon: The plan has to be adhered to as it's a condition. Mr. Plumlee: So that's current plan is showing a 250 buffer. On which portion of it? Mr. Bourdon: The lower left, mid to lower left as you look at it, which is the west side. It's, I believe actually, yeah, and it's more than that on Damn Neck Road. It's only at the north end that where that jog is, there's one unit that I think is about 110 and then across for our east side fence, and then it's, you know, a little, again, just a little over a 100. To the north is a very long elongated property that has a nursery on the front and in the back, a lot of storage. There's no human occupancy, no home or anything like, and only the retail part of the business is out on Holland, very close to Holland Road. Mr. Plumlee: Are the power lines, the major lines leading in and out? Are they underground or are they above ground? Mr. Bourdon: I don't know the answer to that question. Mr. Poison: So, the power lines leading in and out are above ground and they'll be interconnecting to the existing power lines that run through the property. Then to get back to your question on spacing though, there's 25 feet between each of the battery containers. Mr. Plumlee: Okay. Between the batteries, right? Mr. Brown: Yes. Mr. Plumlee: I was really discussing the greater buffer between that operational area and then trees or other potential, you know, fuel for any kind of fire or anything like that. That would be a buffer of how much around the whole thing? Mr. Brown: Well, we're required to have 100 feet minimum, you know, between the batteries and the property line and then the appropriate landscaping, you know, will be in that -- Mr. Plumlee: Okay. Those are my questions for now. Is there going to be any more presentation from the applicant or is this all? Mr. Bourdon: If no one else has any questions. We're done. Ms. Cuellar: Lemme I can clarify with the clerk if we have any speakers. Clerk: We do not have any speakers. Ms. Cuellar: Are there any additional questions? Commissioner Cromwell? Mr. Cromwell: In regard to the physical cables, how far away is the battery storage facility from the power source? I mean the cable that's gonna come ashore and feed the batteries? Mr. Bourdon: Well, it's a connection with a Dominion's facility that will be adjacent to this on the property it's shown on here. So, the dominion will bring the power to this facility, it's above and its above ground lines. Then they'll also take the converted power into the grid. Mr. Cromwell: Well, right. But what I'm saying is that gonna require another right of way if they're overhead coming into the battery facility? Mr. Bourdon: It will be on the on the subject property and the property to the east. It won't become; it won't be on anyone else's property. Mr. Cromwell: But I mean, well, how far away from the right of way is it from the power lines, in other words, as it exists? Mr. Bourdon: It's depicted on there. Well, it's way back, well back from the road. It's up in the right, mid -right, you see area with a bunch of writing in the point, that's it. Mr. Cromwell: Okay. Mr. Bourdon: That's all the way to middle of the property basically. That's it. It's not out anywhere near Damn Neck Road. Mr. Cromwell: Thank you. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: How are you? Mr. Bourdon: I'm doing fine. Mr. Mauch: Good. I just have a couple of questions about environmental concerns and if there are any with battery storage sites. If anybody could speak to those as well as, if a fire does occur, but putting it out is not quite as easy as a normal structure fire. Is the smoke that comes off of it any more or less toxic? As well as I think being within the southern waters, yeah, the southern river's watershed, I think making sure that we're being good environmental stewards for that is above and beyond what we, you know, making sure that we need to make sure that's? Mr. Bourdon: I think there's two questions. One question for the experts. As we stated, the industry practice is not to put pour water on it at all. So that's the runoff, and I think that, again, we address that in the questions. I won't read them to you. I know you've read them. I think the real question is the smoke, I think that's a question, I've been wrong both times, but I'm guessing that's Michael answer versus a Joe, but whichever one wants to answer that. Mr. Watson: Hi, this is Mike Watson. I'd be happy to field that question and it's a great question. So, I'll go back to, you know, in order to validate what, you know, your question like, "Hey, what, what kind of stuff is coming off in, in case of an event? What are we dealing with? What are we looking at?" And so that's the purpose of why we perform a thermal runaway event in the lab, so to speak. We collect the gas that comes off of it, and then we have it analyzed. I have a spreadsheet of every single hydrocarbon, and also, it's, you know, a percentage of that hydrocarbon. I'll tell you that in every event it's almost, you know, about 50% is hydrogen, another 25% is carbon dioxide. Another, you know, about 15% is carbon monoxide. Then there's, you know, trace amounts of other very, very small hydrocarbons, but the over 85%, about 85% to 90% of the gas that would be coming off is hydrogen, carbon dioxide and carbon monoxide. Mr. Mauch: Thank you. Mr. Bourdon: It's not in a contained area. Mr. Mauch: Just tell us about the process. It may be helpful. We're kind of at the beginning stages of this process. After this, you're going to go and get many different approvals from regulatory committees that, well, beyond what, what our scope is? Mr. Bourdon: Correct. Obviously after this body makes its recommendation, we'll go to city council, and they'll have a hearing and there may be other very good questions that are asked because this is the first one. At the state level, DEQ is involved. At this point, storm water, I'm not aware of there being any other DEQ permit, but that's not to say that that won't happen legislatively prior to this ever getting permitted. Because I mean, we're gonna go through this process with the city on site plan review, and I'm confident the fire department will be, you know, right there. We're happy to handle all of the, giving all the information, helping them, you know, with questions and answers with our experts. It's gonna be a collaborative, you know, thing. That's exactly what it's going to be, it has to be. So again, we're two and a half to three years away. Could be even longer depending upon, although Dominions moving pretty, you know, smartly with regard to the offshore, based on what I see off of Croatan Beach all the time. They're definitely working out there, and Dominion's, you know, they're completely involved in this. I mean, they may, they're not, I'm not saying they will at all, but they may acquire this facility at some point. So, their involvement is, it doesn't happen without their involvement. So, my point in that is that there are a lot of people with a lot at stake that'll be involved in it, and safety is clearly in everybody's mind. These folks are not, oblivious to that, you know, when they had the meetings with the Seatack community. They had multiple meetings with them, they've gone to great lengths, you know, that they, and again, this is going there, but, and they didn't choose that site that was somewhere they were directed by our economic development department. So that's not their fault, but they're going to do what's best for, you know, everybody involved is from a safety standpoint, from a contamination standpoint. We weren't asked to put, to agree to put up a bond, that came from us. It did not come from the city. We went to the trouble of contacting some engineers and getting an idea what they thought it would cost, and that's in the answers I gave you all as well. Mr. Mauch: Thank you. I just wanted to make sure that it was known that, that we're kind of the first couple steps within a process that gets even stringent, more stringent. Thank you. Ms. Cuellar: Commissioner Camp. Mr. Camp: Thank you. I just wanted to follow up on something Commissioner Mauch asked you. With regard to, I'll call them hazardous materials or the concern thereof. You mentioned the airborne issues, the gases, what about the residual physical material when the lithium oxidizes? Are we left with any heavy metals or other issues on the surface? Mr. Bourdon: Well, I think that's my understanding and believe me, I'm not, not holding myself out to be an expert. Again, maybe Michael or Joe want to chime in as well. The decommissioning process, and the bond or letter of credit is for decommissioning, it's also for any remediation. It's not just decommissioning. Mr. Camp: Yes, sir. Mr. Bourdon: So I assume, but don't know that there is concern, not overly so, but there's concern that there may need to be some removal of soil at the decommissioning at the end, because there may be some level that may exceed some EPA standards in the top soil or whatever. Mr. Camp: So, let try to help you out. We'll do a couple baby steps and walk through this. My first question is, for your technical expert, would we expect the presence of heavy metals or another hazardous physical residue? Mr. Watson: Hi, this is Mike Watson. Yeah, another great question. So, the answer is, no. The reason I say that is because as has been noted in this, you know, conversation earlier, there's been many, let's say fire sites throughout the United States, and each event we learn something new, and to date, we have not seen an event take place, and then after the fact, there were heavy metals as a residual after the fact. Mr. Camp: Thank you. I appreciate the clear answer. In terms of the gases then, if I understand this right, we're talking about hydrogen and oxygen, which is similar to the major event, the Moss Landing event that occurred in January where California evacuated over a thousand people. Why would we have an evacuation called for if we're not concerned about the types of gases that are coming off? Mr. Watson: Yeah, another, another very pointed question. So, Moss Landing was a great, let's say lessons learned for the entire industry, and that unique setup is they had just rows and rows and rows and rows and rows and rows of what we call racks all bundled together. As a result of Moss Landing, you'll see post 2020, 2021, nobody has that formation of their batteries, containers anymore. Now it's all compartmentalized, and that's why we have spacing requirements, and the standards always lag technology, and they lag events. As a result, the standards now have in place where you have to distance your containers, first of all, containerize them, and then secondly, keep them at a certain distance away from each other so that there's not propagation in the case of an event. Mr. Camp: So, my last question on this, as I read, the US Department of Energy incident reports approximately 35 major incidents at these kinds of facilities, but the majority of them appear to occur within the first six months of operation, is that correct? Mr. Watson: Yes, sir. Mr. Camp: So, in terms of learning from what we've done before, these facilities are still failing early on, even the new one, a lesser rate, but that's when they're failing. It's not that these incidents were all a long time ago and now we don't have them. Mr. Watson: Apologies. Was there a question? Mr. Camp: Yes, sir. The question is, do you concur that the rate of incidents is diminishing, but we still have incidents occurring within the first six months of operation at these facilities? Mr. Watson: Yes, sir. I concur, and I believe a lot of that is doing part to the commissioning and the quality of the commissioning, not necessarily the product itself. Mr. Camp: I didn't want to ask any more questions, but since you've now put that out, could you talk a little bit about your commissioning process to reassure the commission? Mr. Watson: Yeah, absolutely. So, we have, again, since we've installed, you know, hundreds of these globally, we have a commissioning procedure that we have followed through, and again, as a result, we have not had one single incident. In addition to that, we continue to hire, you know, field service engineers that are in the industry that come from other companies, and so we continue to learn, and we continue to build and improve upon our current commissioning. In addition to that, we also hire third parties that know what they -- might have more information than we do about the specific components that we're using to ensure that we have the highest of quality during commissioning. Mr. Camp: Thank you, sir. Madam Chair, I'm done. Ms. Cuellar: Thank you very much. Are there any additional questions for the applicant? Mr. Bourdon: I'll just mention, Trina Solar Limited. If anybody wants to look them up, my clients are, have engaged them because of their safety record. Ms. Cuellar: Thank you very much, Mr. Bourdon. There are no speakers signed up for this application. So, at this time, I'd like to open up on the floor for discussion and to entertain a motion. Commissioner Plumlee? Mr. Plumlee: I have my doubts that we've done sufficient education on this subject in order for us to ask the proper questions, I would prefer that we defer this item and have someone from our public safety department come and address some of these issues, like an emergency response plan, things that we could expect to have put in place, whether or not, you know, how much thought we'd given it to this 100 foot buffer as opposed to the 300 foot buffer that Chesapeake is requiring, other locations requiring. I don't have a true objection for this location. What I'm objecting to is our knowledge of these facilities being fresh and that we might need a bit more homework. I don't want to put these folks off forever in considering it. So, I think it should be a reasonably trim deferral, but I think would greatly assist the council in trying to get more information, and it's not going to harm them if we're talking two to three years out on being operational anyway. We're not really slowing up the process or holding up, you know, off offshore wind, by taking a little more time and making sure, that we've been careful enough in this process because this is the first location, hopefully, it's not going to be the last location, and the more we learn, the better off we'll be. Ms. Cuellar: Commissioner Plumlee, we have our zoning director here. Would it be beneficial to inquire regarding the 100 versus the 300 feet at this time? Mr. Plumlee: I really do have more than one question, but yeah. I think I have more than just the buffer, but the buffer sort of is the beginning where you say, okay, are the trees far enough away? Are we clear? Do we have this clear zone? Do we have an access point that's safe? So, the buffer's sort of the first, but I think there's so much to this and I've started with public safety because I think that's primary, but decommissioning the cost of decommission are extremely important also. I'm not really sure if we've done our due diligence on that, if the applicant is suggesting it, and if the applicant is saying, here's an amount, I think we need to be able to meet that and say, we've looked into these items sufficiently. So, I would request a deferral for all those reasons. Ms. Cuellar: Is there any further discussion? Commissioner Byler? Ms. Byler: Thank you, Commissioner Plumlee. I concur with your thoughts that we need to know more. When this application came up two or three years ago regarding the Seatack location, I bought the steel toe shoes, and I wore the hard hat, I went out, and I viewed one of these facilities, and it is sobering. I don't begin to propose that I understand it all, but it really is, it really is a huge deal, and to have something like this go in this site is certainly preferred to the Seatack site which was in housing. But still, if we're putting it near an airport where there are pilots being trained, and sometimes unfortunately accidents happen, and if we had an accident involving one of the planes on this facility, and I asked this question directly when I was at one of the battery facilities, what would happen and they said it would go up in flames. I asked how long it would burn or how long it would take to put out, and they said no fire department could put it out. It would have to just burn. When I asked how long it would burn, I was told it would depend how much energy was in the battery at the time, and that varies throughout the day, throughout the week and month. So, these are really big decisions, and it concerns me that our sister city has standards, and we don't. So maybe we need to take our time and put some standards in place. Ms. Cuellar: Thank you, Commissioner. Is there any other discussion? Commissioner Cromwell? Mr. Plumlee: I would like to hear from Dominion Power in regard to why these are necessary and how it works. Just some type of explanation of, you know, why is this necessary for part of the grid to just, you know, quick update, so to speak. Ms. Cuellar: Commissioner Byler. Ms. Byler: Commissioner Cromwell, I will just say to that, I understand there is a serious need for this and it's all over America. It's probably all over the world, but certainly in our great country, we're balancing the need for energy at an increasing rate. With technology, we're going to have a huge increase in the need for storage, and I get that, and where else would we put it except in an industrial area where there are no houses. So, I really am sensitive to that, and I think this is very likely a good location for it. I'm just concerned that maybe we don't have our standards in place yet. I didn't hear any urgency that we needed to vote on this today. It sounds like we're still a couple years off, so if we take a month or two to consider this more carefully, that might be well advised. Ms. Cuellar: Thank you. Commissioner Mauch? Mr. Mauch: Just for clarification, do we have a motion on the table? I think it's for deferral, but do we have a second? I was going to say we might as well just kind of go through the process. Ms. Cuellar: We have no motion yet. There was just discussion. At this time, I can entertain a motion and then we can have further discussion. Commissioner Camp? Mr. Camp: I'll just say that I am looking at the standards that we have now, and as I said in the informal, I am not satisfied with the standards we have now, but I appreciate that the applicant came forward under these standards and as best I can tell, has done their best to satisfy them, and in fact, has done a few extra things. In terms of some of the safety issues, our zoning code currently calls for that to occur after the site plan is submitted. I understand that we'd like to see it now because it's the first time and it would reassure us, but I can't fault the applicant for not having done it because our code says they don't have to do that yet. This may be surprising, but I'm inclined to support this as being in the right place and meeting our guidelines that we have today for this type of industrial use. But I appreciate that as much homework as I've tried to do because it wasn't on the commission at the time you heard the last one. I'm certainly no expert. I've tried to ask pointed questions that concern the safety, the environmental, the noise, things that aren't necessarily covered thoroughly. I'm personally satisfied, but I respect my fellow commissioners wanting to investigate this further. Ms. Cuellar: Thank you. Commissioner Alcaraz? Mr. Alcaraz: Thank you, Chair. My feeling is this is the second attempt with same applicant for the same, you know, purpose, and I think that the city's done their due diligence on what needs, need to be found or whatever, whatever concerns, and I appreciate the rest of the commissioners, but I'm in agreement with, Commissioner Camp. I'm going to support it. So, I just wanted that to be known. Ms. Cuellar: Thank you very much. Commissioner Coston. Mr. Coston: I understand that we can't know everything all the time, but there's organization that works with, I mean, we have UAL, we have an FPA who follows every kind of fire and and makes recommendations. Some of things are requirements that have to go on in this country, and sometimes you have to trust the experts and, I'm gonna support it. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: I certainly respect everybody that wants to do what they believe is appropriate in the face of this application with the law in its current state, I can't support it. I think it's not properly designed. I don't think the buffer is sufficient. I think as Commissioner Byler pointed out, we have a city right adjacent to us that studied the problem and came to the conclusion there was a minimum requirement of 300 feet unless you receive a variance from City Council to that buffer, but I certainly respect everybody's, you know, opinion on this thing. These are difficult questions but not having an emergency response plan in place to address this peculiar operation, I can't support that. Ms. Cuellar: Thank you. Commissioner Hippen, I saw your light. Ms. Hippen: I was on the commission when we had the first application. My lack of support for it at that time was because of the proximity to homes and the historic area. I applaud the applicant for finding a place that is in a better location. I also did the visit up to the Richmond area, I call it Battery Farm, and I saw and asked questions, and since I was in aviation, maintenance in the Navy, a lot of the questions that were asked around me, a lot of the questions that I asked just confirmed what I understood, I do believe that this is a necessary thing that we have to have. I do believe that the setback should be more, however you are complying with the current ordinances and zoning. So, with that, I support this because it's like having a battery pack for your phone when you travel. I'm going to put it with that, but it's more important because of the energy usage that we are getting in today's world. Ms. Cuellar: Thank you. Commissioner Hippen. Commissioner Mauch? Mr. Mauch: I think we probably need to get a motion on the table. I think the discussion is good, but let's put something on there so that we can vote on it. I don't think that where I sit is, has really made my mind up. So, I would like to make a motion to defer for 30 days, so that we can get some of these questions that we have answered, and then, hopefully we can take a vote, and all feel comfortable on making that decision. So, a motion to defer for 30 days. Mr. Plumlee: Second. Ms. Cuellar: Commissioner Plumlee, was that, was that you? Okay. We have a motion on the table for a deferral for 30 days by Commissioner Mauch, a second by Commissioner Plumlee. Is there any further discussion? Commissioner Alcaraz? Mr. Alcaraz: I'd like to make a substitute motion to approve the applicant has submitted. Ms. Cuellar: Okay. Ms. Hippen: Second. Ms. Cuellar: We have a substitute motion on the floor to approve the application with a second from Commissioner Hippen. Is there further discussion? We'll vote on the substitute motion first. Ms. Eisenberg: Just for clarification, Commissioner Alcaraz, does your motion include the new proposed condition because you just stated as proposed? Mr. Alcaraz: I was -- Ms. Cuellar: Our city attorney is asking for clarification on the substitute motion. Mr. Alcaraz: Yeah, and it include number seven for the engineer. So, decommission recommendation, yes. Ms. Cuellar: Can you just read it into the record because — Ms. Eisenberg: I'm sorry, it's just not anywhere except you guys have it. Mr. Alcaraz: Alright, number seven. An engineer's report detail on the cost for the decommission and remediate the site shall be submitted and reviewed with the site plan and a bond and letter of credit to the satisfaction of the city attorney's office. The amount determined by the engineer's report shall be posted with the City of Virginia Beach prior to the site plan release. The bond or letter of credit will be held under the decommissioning and in completion of the site. I'm sorry, in decommissioning is complete and the site is returned to natural state. Ms. Hippen: My second is with that condition. Ms. Cuellar: Okay. So, we have a substitute motion on the floor from Commissioner Alcaraz to approve the application with condition #7 as read and a second by Commissioner Hippen. Mr. Parks: Chair, I'd like to, to add something really quick if possible. Could we also add a condition to provide an emergency response plan? I believe that was added an Eddie's email that it will come at some point, but just to put that in as a condition that it be approved by staff to their satisfaction. Mr. Bourdon: I have no problem with that. It's contemplated in our ordinance already, but I have no problem with that. Mr. Parks: And then buffers is, would that be amenable to enlarge those, if possible, the 100- foot buffer since that seems to be the biggest concern? Mr. Bourdon: Well, the buffers vary, and I think that if you would just send this to council, if council believes that their ordinance needs to be changed, they're the right body to decide. We need to send this back and have changes made to our ordinance. That's the way the process should work. Mr. Alcaraz: Mr. Parks, what was your first? Mr. Parks: To add a condition that a safety plan be added to one of the, basically the condition eight? Mr. Alcaraz: I'll accept condition eight as stated Commissioner Parks. Ms. Hippen: I second that. Ms. Eisenberg: So now there needs to be a vote to make the substitute motion, the main motion, and then you can vote on the substitute motion. Ms. Cuellar: Okay. So, I believe we should have some discussion at this point, and the discussion would be germane to the second substitute for the emergency plan. Would that be correct? Or the whole thing? The whole substitute — Ms. Eisenberg: I think you can talk about the whole thing, but then at some point there would need to be another motion to make the substitute motion the main motion, and then that would be, then after that vote, you would vote on the substantive motion. Ms. Hippen: So, we have an ordinance in place that mandates that emergency plan. So that is already going to happen. As far as the setbacks, that's a different story. Ms. Cuellar: Correct. Discussion. Commissioner Camp? Mr. Camp: So, I'm in agreement with Commissioner Hippen on that, that our zoning code section 2225..02A3E says an emergency action plan is required by the fire chief of the City of Virginia Beach shall be submitted with a site plan and goes from there. So, it's already a requirement that they will have to conform to. So respectfully, Commissioner Parks, they're going to have to do what you're proposing to do. Mr. Parks: Yeah. Understood. I just wanted to make sure it was captured, because that is a big point of contention for a lot of the commissioners, making sure that that is known. So, if it's in the ordinance, great. If not, I think it should be added as a condition. I think what's in that plan is what really needs to be discussed. Ms. Eisenberg: Just for clarification, even if it's in the ordinance, you can condition it if you want, similar to how most of the short-term rental conditions are replicated from the city's zoning ordinance. So again, it's completely up to the commission, but don't feel like you can or can't base on its presence in the ordinance. Mr. Parks: So that being said, I would recommend that condition eight be added to provide an emergency response plan that is to the satisfaction of the staff. Ms. Cuellar: Okay. Is there any further discussion? Ms. Eisenberg, if you could just, if I can just talk this through you. We vote on the substitute motion first, and so we'll be voting on the substitute motion from Commissioner Alcaraz. Ms. Eisenberg: So, there'll actually need to be a vote to make the substitute motion, the main motion, and then once that vote is completed, then you would vote on the substantive motion. That would be that motion that includes the two amendments. So, the motion that we would be looking for right now would be a motion to make the substitute motion, the main motion. Mr. Parks: I move that we make the substitute motion, the main motion. Ms. Hippen: Second. Ms. Cuellar: Move by Commissioner Parks and seconded by Commissioner Hippen, that the substitute motion be the main motion with two conditions, conditions #7, condition #8, which is the emergency plan to be added as a condition. Clerk: The vote is open. By recorded vote of 9 to 2 to make the substitute motion, the main motion has been recommended for approval. Mr. Bourdon: Thank you all. Mr. Parks, thank you for your service. Ms. Eisenberg: So now the motion currently on the table is the motion that was made by Commissioner Alvarez and the friendly amendment that Mr. Parks recommended. So that would include what's in your staff report. In addition, the condition that is requiring some sort of surety, either by bond or letter of credit and an emergency response plan. Ms. Cuellar: Thank you for your guidance today. Clerk: The vote is open. By a recorded vote of 9 to 2, items, two, three, and four, Starling BESS Energy, LLC has been recommended for approval. Ms. Cuellar: Thank you very much. Alright, Madam Clerk, you can call the next item. Vote Tall Commission Member AYE 9 NAY 2 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hippen X Mauch X Parks X Plumlee X Conditions for Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "AMERICAN POWER VENTURES, LLC — STARLING FARM BESS PROJECT 80MW/320MWH BESS, PRELIMINARY SITE PLAN, DRAWING NUMBER CSK1-1, prepared by POWER ENGINEERS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN — PROPOSED FOR STARLING FARMS, SHEET LP-1", prepared by MSA, dated 05/05/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. As depicted on the Conceptual Landscape Plan, the existing mature trees and vegetation shall remain on site in the designated areas. Clearing of trees shall be kept to the absolute minimum necessary to operate the battery storage facility. If trees are removed in the buffer area, they shall be supplemented with plantings to satisfy Category VI buffer requirements. 4. When developed, a photometric plan for the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 5. The proposed eight -foot -tall composite style fence shall be in substantial conformance with the fence rendering depicted on the conceptual landscape plan referenced in Condition 2. 6. When the project ceases to operate, a full site decommissioning shall take place to include the removal and proper disposal of equipment and facilities within 365 days following the date of final operation unless it is extended upon request of and approval by the City Council. The batteries on the site; however, shall be disconnected from the electrical grid and unplugged from any power source at the beginning of the decommissioning process. 7. An engineer's report detailing the cost to decommission and remediate the site shall be submitted and reviewed with the site plan, and a bond or letter of credit to the satisfaction of the City Attorney's office, in the amount determined by the engineer's report, shall be posted with the City of Virginia Beach, prior to site plan release. The bond or letter of credit will be held until the decommissioning is complete and the site is returned to a natural state. 8. An emergency action plan shall be submitted during final site plan review, as required by the Fire Chief of the City of Virginia Beach. 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. Conditions for Street Closure 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the applicant has acquired ownership of all such abutting parcels. 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. i o •�VA�yo Starling BESS Energy, LLC N ® site 1688 Windy Willow Court, w E Property Polygons parcel directly west of 1688 Windy Willow Court, s Zoning parcel directly southwest of 1688 Windy Willow Court, Building & parcel directly east of 1688 Windy Willow Court Feet 0 80160 320 480 640 800 960 it T; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STARLING BESS ENERGY, LLC [Applicant] STARLING FARM, LLC, ARLEEN COHEN, COHEN EXEMPT MARITAL TRUST, WILLOW FARMS LC [Property Owners] Conditional Use Permit (Battery Energy Storage System) and Rezoning (R-7.5 Residential District to 1-1 Light Industrial District) for the property located at 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 (GPINs 1495251787, 1495265319, 1495260302, & 1495363419). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 8, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Battery Energy Storage System (BESS) and a Rezoning from R-7.5 Residential District to 1-1 Light Industrial District to develop this 25-acre site with a Battery Energy Storage System facility. The proposed facility will be an 80-megawatt (MW) alternating current (AC) Battery Energy Storage Facility. The facility will consist of battery containers and associated equipment, all located within a secure, fenced compound. The BESS will store electricity from the electric grid during off-peak periods and dispatch the electricity onto the electric grid during times of peak demand. The facility will have a maximum output of 80 megawatts over a four-hour period for a total of 320 megawatt hours per day. The batteries will be 9 feet 5 inches in height and will be charged through an interconnection to the local VA Power electrical grid. The batteries are expected to be charged and discharged once per day. As required in Section 225.02 of the Zoning Ordinance, the applicant submitted a Decommissioning Plan, dated March 2025, which states that, if approved, the project is anticipated to operate for 25 to 40 years. When the operation ceases, the site will be fully decommissioned, to include the removal and proper disposal of all equipment and facilities within 365 days following the date of final operation. Should additional time be required to decommission the site, the owner must request an extension to the City Council for approval. While complete decommissioning will take approximately 1 year, the batteries will be disconnected from the electrical grid, unplugged from any power source, and physically removed from the site at the beginning of the decommissioning process. Restoration of the Starling BESS Energy, LLC Page 2 of 4 property will include soil stabilization and reseeding the site to promote revegetation. As the majority of the site is heavily wooded, the applicant intends to utilize the existing vegetation to the greatest extent possible to satisfy the Category VI buffer requirement. Approximately 89% of the site will remain wooded. Proposed buffering includes an 8-foot-tall composite -style privacy fence, preserved vegetation, and supplemental landscape plantings as needed. As Dam Neck Road is an access -controlled roadway, before the recordation of the resubdivision plat, a one -foot no ingress/egress easement shall be dedicated along the frontage of the site except for the access point on Dam Neck Road. ■ Considerations: The property is located within the 70-75 dB DNL, the greater than 75 dB DNL noise zone and within the Accident Potential Zone-2 (APZ-2) surrounding NAS Oceana, as well as within the Special Economic Growth Area (SEGA) 3. In addition, the property is encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site. The Comprehensive Plan supports development of this area consistent with the City's AICUZ Ordinance provisions, as preferred uses in the higher noise zones and certainly within the accident potential zones tend to be industrial in nature. The proposed Battery Energy Storage System is consistent with the City's desire to develop properties with uses that are compatible with Naval flight operations. The Planning Commission requested that two conditions be added to the request: one to address the decommissioning of the site with a bond or letter of credit to be held until the decommissioning is complete and the site plan is released, and another requiring an Emergency Action Plan to be provided during the final site plan review. These conditions are reflected as Conditions 7 and 8 below. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On May 14, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 2. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "AMERICAN POWER VENTURES, LLC — STARLING FARM BESS PROJECT 80MW/320MWH BESS, PRELIMINARY SITE PLAN, DRAWING NUMBER CSK1-1, prepared by POWER ENGINEERS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Starling BESS Energy, LLC Page 3 of 4 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN — PROPOSED FOR STARLING FARMS, SHEET LP-1", prepared by MSA, dated 05/05/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. As depicted on the Conceptual Landscape Plan, the existing mature trees and vegetation shall remain on site in the designated areas. Clearing of trees shall be kept to the absolute minimum necessary to operate the battery storage facility. If trees are removed in the buffer area, they shall be supplemented with plantings to satisfy Category VI buffer requirements. 4. When developed, a photometric plan for the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 5. The proposed eight -foot -tall composite style fence shall be in substantial conformance with the fence rendering depicted on the conceptual landscape plan referenced in Condition 2. 6. When the project ceases to operate, a full site decommissioning shall take place to include the removal and proper disposal of equipment and facilities within 365 days following the date of final operation unless it is extended upon request of and approval by the City Council. The batteries on the site; however, shall be disconnected from the electrical grid and unplugged from any power source at the beginning of the decommissioning process. 7. An engineer's report detailing the cost to decommission and remediate the site shall be submitted and reviewed with the site plan, and a bond or letter of credit to the satisfaction of the City Attorney's office, in the amount determined by the engineer's report, shall be posted with the City of Virginia Beach, prior to site plan release. The bond or letter of credit will be held until the decommissionina is complete and the site is returned to a natural state. 8. An emergency action plan shall be submitted during final site plan review, as required by the Fire Chief of the City of Virginia Beach. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Starling BESS Energy, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /y� Project Details Requests Rezoning (R-7.5 Residential District to 1-1 Light Industrial District) Conditional Use Permit (Battery Energy Storage System) Street Closure Staff Recommendation Approval Staff Planner Marchelle Coleman 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 GPINs 1495251787, 1495265319, 1495260302, & 1495363419 Site Size 25 acres AICUZ 70-75 dB DNL; >75 dB DNL; APZ-2 Watershed Southern Rivers Existing Land Use and Zoning District Former office / 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Retail / 1-1 Light Industrial South Industrial Office / 1-1 Light Industrial East Eating and drinking establishment / 1-1 Light Industrial West Salvage yard / 1-1 Light Industrial Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 1 of 30 • The applicant is requesting to rezone two parcels north of Windy Willow Court from R-7.5 Residential to 1-1 Light Industrial to develop a Battery Energy Storage System facility. In addition to the rezoning, the applicant is requesting a Conditional Use Permit for the Battery Energy Storage System (BESS) and the closure of Windy Willow Court. • Of the four parcels associated with this proposed development, only two are currently zoned 1-1 Light Industrial. Per the City's Zoning Ordinance, battery and energy storage facilities are solely permitted within the Industrial zoning districts with a conditional use permit. To comply with this requirement, the applicant is proposing to rezone the two parcels, located north of Windy Willow Court, from R-7.5 Residential District to 1-1 Light Industrial District. • In conjunction with the rezoning request, the applicant is seeking a Conditional Use Permit to construct an 80-megawatt (MW) alternating current (AC) Battery Energy Storage System Facility. The facility will consist of battery containers and associated equipment, all located within a secure, fenced compound. The Battery Energy Storage System (BESS) is designed to strengthen the electrical grid reliability and speed to support the development of clean and renewable sources of electricity to the Virginia bulk power transmission system, serving the needs of electric utilities and their customers. The BESS will store electricity from the electric grid during off-peak periods and dispatch the electricity onto the electric grid during times of peak demand. The facility will have a maximum output of 80 megawatts over a four-hour period for a total of 320 megawatt hours per day. The batteries on site will be 9 feet and 5 inches in height and will be charged through an interconnection to the local VA Power (Dominion) electrical grid. These lithium -ion batteries are stored and transported at a recommended state of charge of around 50%. The batteries are expected to be charged and discharged once per day. As required in Section 225.02 of the Zoning Ordinance, the applicant submitted a Decommissioning Plan, dated March 2025, which states that, if approved, the project is anticipated to operate for 25 to 40 years. When the operation ceases, the site will be fully decommissioned, to include the removal and proper disposal of all equipment and facilities within 365 days following the date of final operation. Should additional time be required to decommission the site, the owner must request an extension to the City Council for approval. While complete decommissioning will take approximately 1 year, the batteries will be disconnected from the electrical grid, unplugged from any power source, and physically removed from the site at the beginning of the decommissioning process. Restoration of the property will include soil stabilization and reseeding the site to promote revegetation. The majority of the site is heavily wooded and it is the applicant's intent to utilize the existing vegetation to the greatest extent possible to satisfy the Category VI buffer requirements, as depicted on the Conceptual Landscape Plan. Along Dam Neck Road, much of the existing vegetation will be preserved and supplemented as needed to meet the buffer standards. An eight -foot -tall panel -style privacy fence will also be installed around the battery storage area. As noted on the plan, the final fence material will be subject to approval by the Planning Director or their designee during final site plan review. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 2 of 30 • No signage is proposed on the property. • Portions of the site are located in the 70-75 DB NL noise, the greater than 75 dB DNL noise zone, and the Accidental Potential Zone 2. A portion of the site is also encumbered by a Navy Restrictive Easement. A specific easement and AICUZ compliance review by Navy Staff will occur during the site plan review process. • As stated previously, the applicant is also requesting the closure of the Windy Willow Court cul-de-sac, located along Dam Neck Road. The total area to be closed is approximately 29,601 square feet. The applicant is seeking to incorporate the closed right-of-way into the adjoining lot and will utilize the area as a private entrance with access from Dam Neck Road. • Windy Willow Court was originally established as part of the Starling Farm Subdivision plat, recorded in July 1978, for residential development purposes. However, in October 1981, the U.S. Navy initiated a condemnation action (Deed Book 2170, Page 678), resulting in the acquisition of a restrictive easement that prohibits residential development. As a result, the purpose for this 50-foot-wide residential street is no longer needed. Dam Neck Road, in the vicinity of the site, is deemed an Access Controlled roadway. As such, prior to recordation of the resubdivision plat, a one -foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 3 of 30 # Request CRZ (AG-2 to Conditional 1 -1) Approved 04/04/2017 CUP (Bulk Storage Yard & Automobile Repair 1 Garage) Approved 04/04/2017 MDC (Religious Use) Approved 10/14/2003 CUP (Religious Use) Approved 10/29/2002 MDC (Indoor Soccer Facility) Approved 09/08/2009 MDC Approved 08/09/2005 CUP (Outdoor Recreation Facility) Approved 2 03/24/2004 CRZ (AG-2 to Conditional 1-1) Approved 04/23/1993 CUP (Church) Approved 12/14/1993 CUP (Golf Driving Range) 02/25/1992 REZ (1-1 to AG-1) Approved 10/28/1991 3 CRZ (AG-1 to Conditional B-2) Approved 12/02/2003 CUP (Car Wash) Approved 12/02/2003 4 CRZ (AG-1 to Conditional 1-1) Approved 12/02/2003 CUP (Fraternal Organization) Approved 06/25/2002 CRZ (AG-1 to Conditional A-12 (PD-1-12)) Approved 5 08/14/2001 CRZ (B-2 to Conditional AG-1) Approved 10/28/1991 CRZ (AG-1 to Conditional B-2) Approved 09/21/1987 CRZ (R-5D to Conditional 1-1) Approved 07/03/2001 6 CUP (Processing & Storage of Woody Vegetation) Approved 09/22/1998 CRZ (R-55 to Conditional 1-1) Approved 09/22/1998 7 MDC Approved 10/09/2001 CRZ (R-5D to Conditional 1-1) Approved 09/14/1999 8 CRZ (R-5D to Conditional 1-1) Approved 05/09/2000 9 CUP (Church) Approved 10/24/2000 REZ (A-1 to A-2) Approved 11/20/1978 CUP (Motor Vehicle Sales) Approved 04/12/1994 10 CUP (Service Station) Approved 11/05/1984 CUP (Gas Station) Approved 11/17/1980 it CUP (Service Station) Approved 02/01/1988 REZ (R-6 to 1-1) Approved 06/25/1984 12 SVR Approved 10/11/1977 REZ (AG-1 to R-6) Approved 12/16/1974 13 CUP (Garden shop and nursery) Approved 08/13/1979 6' 7 2 12 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 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 4 of 30 In Staff's opinion, these requests to rezone the two northern parcels from R-7.5 Residential District to 1-1 Light Industrial District, a Conditional Use Permit to operate a Battery Energy Storage System, and the proposed closure of Windy Willow Court are acceptable. The property is located within the 70-75 dB DNL, the greater than 75 dB DNL noise zone and within the Accident Potential Zone-2 (APZ-2) surrounding NAS Oceana, as well as within the Special Economic Growth Area (SEGA) 3. The property is also encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site. The Comprehensive Plan supports development of this area consistent with the City's AICUZ Ordinance provisions, as preferred uses in the higher noise zones and certainly within the accident potential zones tend to be industrial in nature. The proposed Battery Energy Storage System is consistent with the City's desire to develop properties with uses that are compatible with Naval flight operations. As mentioned previously, the site meets all the requirements of Section 225.02 of the Zoning Ordinance. Adequate buffering is provided, including an eight -foot -tall privacy fence, preserved vegetation, and when necessary, supplemental landscape plantings. Many of the mature trees on the property will remain, which will screen the use from the view of adjacent property owners. At the recommendation of Staff and as noted in Condition 5, the required fence will be a composite style fence, as it is more durable and will hold up better than a wood fence when exposed to weather, UV rays, and other environmental factors. A Viewers' Meeting was held on April 10, 2025, that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney, to consider the street closure application for Windy Willow Court. The Viewers determined that the proposed closure, with the required easements to the City, will not result in any public inconvenience; therefore, closure of the right- of-way is deemed acceptable. As noted in Condition 2 of the Street Closure request, a public utility easement will need to be retained around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road. The applicant is agreeable to this condition. Based on these considerations, Staff recommends approval of these applications, subject to the conditions listed below. 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "AMERICAN POWER VENTURES, LLC— STARLING FARM BESS PROJECT80MW/320MWH BESS, PRELIMINARY SITE PLAN, DRAWING NUMBER CSK1-1, prepared by POWER ENGINEERS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval that is in substantial conformance to the Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 5 of 30 conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN — PROPOSED FOR STARLING FARMS, SHEET LP-1", prepared by MSA, dated 05/05/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. As depicted on the Conceptual Landscape Plan, the existing mature trees and vegetation shall remain on site in the designated areas. Clearing of trees shall be kept to the absolute minimum necessary to operate the battery storage facility. If trees are removed in the buffer area, they shall be supplemented with plantings to satisfy Category VI buffer requirements. 4. When developed, a photometric plan for the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 5. The proposed eight -foot -tall composite style fence shall be in substantial conformance with the fence rendering depicted on the conceptual landscape plan referenced in Condition 2. 6. When the project ceases to operate, a full site decommissioning shall take place to include the removal and proper disposal of equipment and facilities within 365 days following the date of final operation unless it is extended upon request of and approval by the City Council. The batteries on the site; however, shall be disconnected from the electrical grid and unplugged from any power source at the beginning of the decommissioning process. 7. An engineer's report detailing the cost to decommission and remediate the site shall be submitted and reviewed with the site plan, and a bond or letter of credit to the satisfaction of the City Attorney's office, in the amount determined by the engineer's report, shall be posted with the City of Virginia Beach, prior to site plan release. The bond or letter of credit will be held until the decommissioning is complete and the site is returned to a natural state. 8. An emergency action plan shall be submitted during final site plan review, as required by the Fire Chief of the City of Virginia Beach. 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. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 6 of 30 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the applicant has acquired ownership of all such abutting parcels. 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Comprehensive Plan identifies this site as being located within the Suburban Area and in the Special Economic Growth Area 3. 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 Special Economic Growth Area 3 includes recommended land use policies for development in this area. All proposed land uses must comply with the City's AICUZ provisions and the Oceana Land Use Conformity Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 7 of 30 Program. Where feasible, efforts should be made to consolidate parcels to promote a more cohesive development pattern and the area should be designated for non-residential uses, including a mix of light industrial, low-rise office, and limited retail. (pg. 2-90) 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 Dam Neck Road 35,120 ADT' 36,900 ADT' (LOS 4 "D") ' Average Daily Trips 'As defined by 13.6 acres zoned R-7.5 & 38.9 acres zoned 1-1 Generated Traffic 'As defined by a proposed battery storage facility Existing Land Use Z- 3,435 ADT Proposed Land Use 3- No trip generation Data Available 'LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in the vicinity of this site, is an access controlled four -lane major arterial suburban roadway. Dam Neck Road has an approximate right-of-way width of 80 feet, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no CIP projects scheduled for this segment of Dam Neck Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 8 of 30 Project Stormwater Design Staff Summary Stormwater runoff from the site currently either ponds onsite or flows southeast towards the public drainage system along Dam Neck Road. Stormwater runoff from the proposed development will be collected into a stormwater wet pond that will treat for water quality and water quantity before discharging into the public drainage system along Dam Neck Road. A hydrodynamic structure manufactured treatment device is also proposed to provide additional water quality treatment for runoff leaving the site. There is no intended fill proposed within the Floodplain Subject to Special Restrictions. Based on the information provided by MSA in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 13.21 acres Pre -Development impervious area: 1.55 acres Post -Development impervious area: 12.32 acres Stormwater Management Facility Design Information Type of facility proposed: Wet pond and Hydrodynamic Structure Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge directly into the public drainage system located along Dam Neck Road. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains south through the public drainage system along Dam Neck Road, eastward through the Holland Road Canal 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 There is a 20-inch City water transmission main along Dam Neck Road. There is a plugged 16-inch City water main extended towards Windy Willow Court. City water is available to the site from Dam Neck Road. Sewer There is a 42-inch HRSD sanitary sewer force main bisecting the proposed development. There is also a 16-inch City sanitary sewer force main along Holland Road. City sanitary sewer is not available to the site. Pumping to the City force main in Holland Road may be an option if sanitary sewer service is needed. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 9 of 30 Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • 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 24, 2025 and July 1, 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 23, 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 July 3, 2025. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 10 of 30 ! I 1 1 I E `+c . nEumccreA - .. r ` - -- E i g r------------- '------- j Off VIRGINIA BEACH, A fulawc w�-- r - I VICINITY MAP PROJECT DATA 11! 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IT �� U d O J o2S O L N m v � w E oa'0 V) Q to W � CO ao Q In Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 14 of 30 N/F \ h9DVDY h7101, III LC LOT 22 (NB Im \ vDV �zb7s`�F ti I i I DENOTES WINDY WILLOW COURT (50' R/W) P90P05E0 TO BE CL05ED, AREA=29,601 5F OR 0.660 AC 0 N/f i Auz6v cvh?w 7kwef 20' HRSD EASEMENT UNDER 7Xf aWfN 60YPT �,I X (O.B. 1402, PG. 398) 44eW IXUST (IN5T 20I20WAW/GII6W) \ \ LOT 11 \�\ r,-IN /f9595-29-5J/9 APPROX. LOCATION OF G" \ N/F VEPCO POLE LINE EASEMENT \ 57, AOY LLC OF UNSPECIFIED MOTH \ ,?fwu& PA.em B (D.B. 1733, PG. 303) ¢ Ne�taS?sue \ (11/15 197 N 13) 20' PUBLIC DRAINAGE \ \ EASEMENT (M.B. 128, PG. 8) N 1---20" PUBLIC WINDY WILLOW COURT 11 DRAINAGE EASEMENT (AIB 12$ PG 8)(DB 2912, PG 765)(MB 197, PG 23) { I (M.B. 128, PG. 8) (D8 2 12, PG 757)(M8 19 , PG 201 I 5TAPlIAY, -AOY LLC PA021 A o (M 197, P4' W) > (M 1557 N WV � �;PaV 14f95-25-1787 N16.45'56'E 1 N 44.23' VAR. KII PUBLIC DRAINAGE EASEMENT a? (M.B. 197, PG. 20)(DB 291Z PG 757) 15" VEPCO EASEMENT (DB 2890, PG 1845)� (DB 2890, PG 1876)-- f" 1 N16.455,648.05 S73 14'2S E:12,192,579 48. 25" VI EASEMENT (DB 2890, PG 1846) VAR. W10TH PUBLIC DRAINAGE 1 II EASFMENT (DB 2912, PG 765) 3 N uo VAR. WIDTH VEPCO EASEMENT (DB w� 2890, PG 1846) 15" �WEPCO EASEMENT (DB 2890, PG 1854) DAM NECK ROAD VAR. WIDTH R/W (MB 128, PG 7)(DB 2912, PG 765)(MB 197, PG 23) (08 2912, PG 757)(MB 197, PG 20) 0" 100" 5ft 5HEtT 2 OF 2 FOR NOI AND CURVt TABLE. 1' = 100' EXHIBIT SHOVING WINDY WILLOW COURT PROPOSED TO BE CLOSED (MB 128, PG 8) VIRGINIA BEACH, VIRGINIA uJEFFREY J. VIERRETHER� DVN BY:CJS Lic. N. 2306 W 4/B/2025 ��� MSA CHECKED BY: JJV ENGINEERS I SCIENTISTS ( SURVEYORS SCALE:1* = 100" SURv 5032 ROUSE DRIVE, SUITE 200 1 VIRGINIA BEACH, VA 23462 JOG# 17004E 757.490,9254 1 MSAONLINE.COM SHEET: 1 OF 2 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 15 of 30 1. THI5 EXHIBIT WAS CREATED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THEREFORE MAY NOT SHOW ANY/ALL EA5CMENT5 OR RE5TRICTIONS THAT MAY AFFECT SAID PROPERTY A5 SHOWN. 2. THI5 EXHIBIT DOE5 NOT CONSTITUTE A BOUNDARY SURVEY OR SUBDM51ON OF LAND. PROPERTY LINES WERE t5TABLIWED FROM RECORDED PLAT5 AND DEED5. 3. THE PURP05t OF THL5 EXHIBIT 15 TO SHOW THE 5TREET CLO5U9P OF WINDY WLLIAW COURT. 4. NORTH KtZDIML 5HOWN HEREON 15 BA5tD ON VIRW STATE PUWE COORWiATE SY5TEM, SOUTH ZONt NAD03/93 HARN. COORDINATE VALUES AND LfNCGTH5/D15TANCE5 SHOWN ARE tXPRESSED IN U.5. SURVEY FEET. L��HAVEN BUCK B L.EVARD SHIPPS CORNER ROAD DRAKESMILE N ROAD HOLLAND ROAD DAM NECK ROAD SOUTH ROSEMONT OA LOCATION MAP - SCALE: 1" = 2,000' EXHIBIT SHOWNG �jffWINDY OF WILLOW COURT qt�H L PROPOSED TO BE CLOSED (MB 128, PG 8) VIRGINIA BEACH, VIRGINIA UJETLic. J. 9 2025 DYN 2306HERa Lic. No. 2306 4/9/2025 DWN BY:CJS B &MSA 'V CHECKED BY: JJV �'9Np �-ko ENGINEERS I SCIENTISTS I SURVEYORS SCALE. 1* - NA 5 URV 5032 ROUSE DRIVE, SUITE 200 I VIRGINIA BEACH, VA 23462 JOB 17004E 757.490.9264I MSAONLINE.COM SHEET: 2 OF 2 CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD DELTA TANGENT C1 1,355.24' 115.64' S65'12'45'W 115.81' 453'20' S7.86' C2 187.49' 118.18' N45'S4'37'W 116.38' 36'09'39' 61.21' C3 50.00' 38.14' N85'S0'04'W 35.36' 41'24'35' 18.90' C4 50.00' 229.35' N25'38'S1'E 75.00' 26249'18' S8.89' C5 50.00' 36.14' S4477'38'E 35.36' 41'25'03' 18.90' C6 237.49" 149.70' S45'S5'S8"E 147.23' 361]6'57� 77.43' Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 16 of 30 BESS-Specific Decommissioning Plan for Starling BESS Energy LLC ATTERY ENERGY STORAGE SYSTEM-SPECI DECOMMISSIONING PLAN Starling BESS Energy LLC March 2025 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 17 of 30 TABLE OF CONTENTS CONTENTS BESS-Specific Decommissioning Plan for Starling BESS Energy LLC 1.0 Introduction................................................................................................. 3 2.0 Decommissioning Activities............................................................................ 3 3.0 Demolition Instructions.................................................................................4 3.1 Project Component Removal........................................................................ 4 3.2 Concrete Slab Removal................................................................................ 4 3.3 Site Restoration Process............................................................................. 4 4.0 Emergency BESS Decommissioning....................................................................5 APPENDIX Appendix 1 — Site Plan Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 18 of 30 BESS-Specific Decommissioning Plan for Starling BESS Energy LLC 1.0 Introduction Starling BESS Energy LLC ("Applicant"), a New Jersey limited liability company, hereby submits this plan for the eventual decommissioning of the Battery Energy Storage System ("BESS") specific materials of the proposed 40 Mac facility ("Project) located at the intersection of Holland Rd and Dam Neck Rd in Virginia Beach. The establishment of a Decommissioning Plan ("Plan") for review as part of the Conditional Use Permit Application and Sections 111 and 1001 of the City Zoning Ordinance to add terms related to energy/battery storage facilities to Section 225.02. A site plan is provided in Appendix 1 for reference 2.0 Decommissioning Activities The Project is anticipated to operate for 25-40 years. At the time the Project ceases to operate, Applicant will perform full site decommissioning which shall include theremoval and proper disposal of equipment, facilities, or devices on real property including restoration of the real property upon which equipment, facilities, or devices are located. The physical removal of the battery storage facility shall be completed within 365 days following the date of final operation. This period may be extended upon request and approval of the City Council. Restoration of the real property shall include soil stabilization, and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices. Further, decommissioning procedures which shall include, but not limited to, removal of any above and below ground tanks, cables, fencing, debris, buildings, structures or equipment, to include foundations and pads. related to the facility and restoration land and related disturbed areas to a natural condition or other approved state. "Natural condition" shall be taken to mean the stabilization of soil to a depth of three (3) feet and restoration of site vegetation and topography to its pre- existing condition, provided that the exact method and final site restoration plan shall be subject to site plan review giving, among other things, consideration to impacts upon future site use, environmental and adjacent property impacts. The handling and disposal of all battery storage equipment, facilities or devices shall be completed in accordance with all applicable Federal, State and local requirements. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 19 of 30 BESS-Specific Decommissioning Plan for Starling BESS Energy LLC At the end of the Project's useful life, and in the event the Applicant does not seek approval to repower the Project, Applicant will decommission the Project as required under the Citing Zoning Ordinance, Upon completion of decommissioning, Applicant shall seek a certification of completion from the City Council (,city,). 3.0 Demolition Instructions The following is the sequential procedure that should be followed by for removal of the BESS specific items pursuant to this plan. Note that site decommissioning demolition instructions are established in the site decommissioning plan. 3.1 Project Component Removal The BESS containers will be removed from their concrete pads. The BESS containers will be removed by crane and set on tractor trailers for transport. The containers will be transported to their manufacturing facility where they will be recycled. The battery recycling estimate is based on an estimate provided by the battery system integrator. 3.2 Concrete Slab Removal Concrete slabs used for the BESS containers will be broken and removed to a depth of three feet below grade. Clean concrete will be crushed and disposed of off -site and/or recycled and reused either on or off -site. The excavation will be filled with subgrade material found on -site of quality and compacted density comparable to the surrounding area. 3.3 Site Restoration Process The site consists of approximately 40 acres of industrial land. The area containing BESS specific equipment is approximately 15 acres. Following the decommissioning activities, the sub- grade material, and topsoil from affected areas will be de -compacted and restored to a density and depth consistent with the surrounding areas. All unexcavated areas compacted by used in decommissioning shall be de -compacted in a manner to adequately restore the topsoil and sub - grade material to the proper density consistent and compatible with the surrounding area. The affected areas will be inspected, thoroughly cleaned, and all construction related debris removed, Disturbed areas will be reseeded to promote the revegetation of the area unless the area is to be immediately redeveloped. In all areas restoration shall include, as reasonably required, levelling, terracing, mulching, and other necessary steps to prevent soil erosion, to ensure the establishment of suitable grasses and (orbs, and to control noxious weeds and pests. Starling BESS Energy, LLC Agenda Items 23, & 4 page 20 of 30 BESS•Specific Decommissioning Plan for Starling BESS Energy LLC 4.0 Emergency BESS Decommissioning In the event of a BESS failure that requires emergency removal (such as a BESS container fire) the Applicant will be responsible for proper removal and disposal of the BESS system and any damaged equipment surrounding the BESS. The BESS equipment will be replaced in kind or equivalent at the Applicant's expense, If an equivalent BESS system is used as replacement the Town will be notified of the equivalent replacement. Additional training for the equivalent BESS system will be required and provided by the Applicant. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 21 of 30 Site I r s - � 5�» � r °•J 12% i� 11 t a e t J Mfg 'Imill;Qgj�; Site Photos Oqm 1 � 4 t+• r 'S '�: � Whig Jet L � PPa__ rr r0¢. � • • . % F L� ��i� a- r' �4� ar..Ji � :�:r+6it iH�14' IT 4 ! ' n 1 >� - 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 ail 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 Starling BESS Energy, LLC Is Applicant also the Owner of the subject property? Yeso NoQ ij no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes No0 If yes. name Represenrative: 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 oil officers, directors, members, or trustees below AND businesses that have a )arent- subsidiary ` or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Will Zapalac, President )oes the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or perding 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 j 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 O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 24 of 30 f SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor O Engineer/Surveyor/Agent 01 Tom Holleran, Power Engineers; Doug Will, MSA, PC Legal Services O O R Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern 6 Levy, P.C. APPLICANT CERTIFICATION READ: l 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. Will �% ll Zapalac, President 3/27/25 Applicant Name (Print) Applicant 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 § 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; at 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): 6/17/2025 Marchelle L. Coleman Staff Name (Print) Disclosure Statement I rev. M a y-2024 6/17/2025 Staff Signature Date page 2 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 25 of 30 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Starling Farm, LLC, a Virginia limited liability company Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesG Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a !)arent-subsidiaty I or affiliated business entity' relationship with the applicant, (Attach list if necessary.) Benjamin D. Cohen, Manager; Benjamin D. Cohen & General Investors Realty Associates, a limited partnership (°GIRA), Members; 'See Attached List Does the subject property have a proposed or pending purchaser? Yes(F) NoQ 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 I 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-collateralization, etc.) O O Real Estate Broker/Agent/Realtor 0 O John Katsias, The Katsias Company Accounting/Tax Return Preparation O Nicole Kint, Wall Einhorn & Chernitzer Architect/Designer/Landscape Architect/Land Planner O O C_o_nstruction Contractor O Engineer/Surveyor/Agent 0 Legal Services Q O Alan M. Frieden, Frieden Seery Nuckols & Hahn, PC 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 scheduled for public hearing, I am responsible for updating the information provided herein thr to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or an p rc bo o committee in connection with this application. Starling Farm, LLC Benjamin D. Cohen, Manager 2Z 5 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 26 of 30 Starling Farm, LLC Disclosure Statement Cont'd. GIRA Partners are BAJ Associates, LLC (general partner) & Andrew H. Cohen, Betsy H. Cohen and James H. Cohen 2013 Irrevocable Trust dated October 24, 2013 (Cheryl A. Furlong, Trustee, (limited partners) H:\AM\`Street Closure\`Starling BESS Energy\Starling Farm Disclosure Cont'd.docx Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 27 of 30 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Cohen Exempt Marital Trust U/A dated July 26, 2004 Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? Yes(i)N( If yes, list the names of all officers, directors, members, or trustees below AND businesses thot have a )arent-subsidiary' or affiliated business entity,' relationship with the applicant. (Attach list if necessary.) Benjamin D, Cohen, Trustee )oes the subject property have a proposed or pending purchaser? Yes(!) Noo 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 Q NoQ 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 nome 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-coilateralization, etc.) © 0 _ __ John Katsias, The Katsias Company Real Estate Broker/Agent/Realtor (�) O Accounting/Tax Return Preparation (F) O Nicole Kint, Wall Elnhorn & Chernitzer Architect/Designer/landscape Architect/Land Planner O 0 Construction Contractor Engineer/Surveyor/Agent O G) Legal Services I0 Alan M. Frieden, Frieden Seery Nuckols & Hahn, PC 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 thr e s p or to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or• of public b y or committee in connection with this application. The Cohen Exempt Marital Trust Benjamin D. Cohen, Trustee 5-- Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 28 of 30 SECTION••• OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Arleen Cohen, Benjamin D. Cohen, Trustees in liquidtion of Windy Willow Farm, LLC Is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesONoo if yes, list the nornes of all officers, directors, members, or trustees below AND businesses that have a )anent-subsidiar ' or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Arleen Cohen & Benjamin D. Cohen, Trustees in Liquidation (Managers of Windy Willow Farms, LC )oes the subject property have a proposed or pending purchaser? Yes Not 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 Q No(�) 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 O John Katsias, The Katsias Company Accounting/Tax Return Preparation 0 1 Nicole Kint, Wall Einhorn & Chernitzer Architect/Designer/Landscape Architect/Land Planner O 0 Construction Contractor 0 Engineer/Surveyor/Agent Legal Services O Alan M. Frieden, Frieden Seery Nuckols & Hahn, PC PROPERTY OWNER CERTIFICATION READ: I 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, 1 am responsible for updating the information provided herein three w r to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any p committee in connection with this application. Windy Willow Farms LC Benjamin D. Cohen, Trustee --3 �yss' Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y -2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 29 of 30 • 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. Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 30 of 30 Virginia Beach Planning Commission May 14, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #2, 3, and 4 STARLING BESS ENERGY, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business is the regular agenda. Madam Clerk, will you please call the first item? Clerk: Our first items are items 2, 3 and 4, Starling BESS Energy, LLC. Ms. Cuellar: Welcome. Mr. Bourdon: Is anyone signed up to speak other than, Mr. Wilson and, Mr. Brown. Clerk: None at this time. Mr. Bourdon: Okay. But Mr. Wilson and Mr. Brown are on WebEx, correct? Clerk: Yes, I have, Mr. Brown, Mr. Seeker, and Mr. Watson. Mr. Bourdon: Okay. Sorry. My bad. I got Watson. For the record, Eddie Bourdon, Virginia Beach attorney representing Starling BESS Energy, LLC, on these applications. I think Marchelle did a masterful job in the informal this morning of explaining the applications to you. The street closure application. I'll start with that. It's the simplest one. The applicant owns all of the properties surrounding this street, it's a paper street or semi -paved, say, paper Street that was created back in the 70s, when the property was zoned residential. Prior to the Navy condemning the development rights of the property for any residential use whatsoever. If it had been able to be developed residential, it would have houses on it a long time ago, and thus the need for the road does not exist any longer, and that will be with the closure by council, will be acquired and re - subdivided into this property, all the property lines will be vacated, and as Marchelle indicated, there'll be a no ingress -egress easement placed over the frontage on Dam Neck Road, with the exception of the access that we're closing today as a public street. But it'll be the ingress -egress to this property. It'll be a part of the property itself. As for the rezoning from R-7.5 to 1-1 light industrial on the northern portions of the property, the current zoning has no utility whatsoever, and the SEGA provisions in the comprehensive plan have recommended this for light industrial development for going on 25 years, maybe actually more than 25 years. So those are the two easy parts of this application. The rest of it, I think is pretty straightforward. We'll start with our commitment to our states and our region's commitment to renewable energy. The renewable energy created by the Offshore Wind Project of Dominion Power will need a facility like this one in order to keep and transmit the energy after it's converted, so that it'll fit on the grid, that's the layperson's way of putting it. Most of that wind energy, although it's obviously can be created anytime during the day or night, but at night is when most of it is created, and that's when there's the least demand, and that's where it will be offloaded into this facility. And then, as is stated in the staff report, four hours a day, it will discharge energy into the grid during the high demand time. So, we as a country try to diversify and not just rely on coal and more importantly on fossil fuels renewables. That's the only reason this is here. We make it one thing clear. That may have been some misunderstanding. I think it's pretty well set forth in the answers to the questions that we provided. This facility with this use permit will only be built if, and not really a question of if, but when Dominion Power approves it to be added into their grid, the money is not gonna be spent. No one's gonna develop this, unless it's a part of the grid, and we're simply getting prepared for that, and if offshore wind energy disappears and it'll never be built, and the conditional use permit, if it's granted will expire because it's got to be activated by developing it within two to five years. So, that's the reality. This is not going to do any harm to anybody, and it's not gonna be developed this way unless it's a part of the grid. I think we answered that question adequately. The questions that were asked about the DEQ filing status, and y'all can an ask them again if I didn't write them all down. But, the DEQ application hasn't been submitted yet. It's a stormwater application, and it will have to be submitted and approved. I would suggest that our city's stormwater standards are in excess of DEQs for the most part under our new policy. So, we're not too concerned about that. But it will, if this is approved by council, again, this, this process will go on the regulatory approval process and that DEQ application will be filed, and obviously it's a precursor. The ordinance that we have in the city was one that our city staff researched, and with the assistance of a previous planning commission, for those provisions in our ordinance were prepared. They were proposed after being researched. Public hearings were held by planning commission and city council, and the changes that to the zoning ordinance were adopted and we're dealing with the ordinance that we have today, and that's all that has been done within the last five years. So, my clients, as most of you know, were directed to another site over a year, well, probably about three years ago now, and that was not the best site to be directed to. The wonderful folks in the adjacent neighborhood who truly, I mean that I'm not being sarcastic, they were wise enough to express to the consultant that was handling the interface with them that they should move this somewhere on Dam Neck Road. Exactly what they said, my clients listened, and that's where they are, in just the right location. It was the right location then. It's the right location now. This application with the conditions that staff has recommended including the posting of a bond or letter of credit, and that condition as worded is certainly acceptable to my clients. The city is totally protected with regard to the decommissioning and the removal of these battery storage units at the end of the useful life 25 to 40 years. Now there were some questions asked that I'm not qualified to answer. That's why I wanted to make sure that Mr. Brown and Mr. Watson were on the WebEx. If you all want to ask them yourselves rather than have me ask them, I think that's probably better. I know one had to do with the smoke. Well, before we do that, let me do one other thing. I'm sorry. If y'all see the plan, and maybe y'all have it up in front of you, it's important to y'all to understand where these battery storage units are, are the little dots on the plan. Okay. If you look, the BMP, which is very large, is the large orange area in the lower left, that's the stormwater BMP. To the north of that, there's an HRSD force main that runs through this property. That's what that line running through at diagonals. You'll notice that the actual units, the actual cabinets are to the right of that teal line. We are well over, well over 100 feet from the boundary of the property, and back down in the lower part, we're 250 feet from the property line. We're not near any neighbors and we're more than 100 feet. There's only one place that we are a little more than 100 feet from, and that's the northern side is the only place were, we're still more than 100 feet from any boundary. So, we have an eight -foot fence around the entirety, as is recommended by staff. The type of fence that's recommended is absolutely acceptable to my client. We're maintaining all the existing forested vegetated area, and we also, in the area where the BMP is located, which we're 250 feet back from the property line, we will be planting the double row of evergreens on the west side or the outside of the BMP, then you have the fence. Anywhere else where there's any gaps that any anyone thinks there need to be additional landscaping in that a 100-foot buffer, we'll plant the same landscaping if there are gaps in that buffer. So, the buffer is what it's supposed to be under our ordinance. The other thing I'll mention, and it's in the answer to the questions the industry standard is and early on with this, there were problems in some places, but I'll point out that the folks you're gonna be hearing from with your questions have done over a hundred of these and they've never had a fire. So the fire threat was something that in some measure had to do with people not understanding and learning from mistakes. Now, these are spaced so that if there is an issue in one, then you know it, you don't allow the other ones to be a part of the conflagration, and they also have better technology in these now than they did when they first started. So, there's no water gonna be applied to any fire event. I think that's explained in the answers. If y'all had a chance to read the answers, we provided the questions that y'all had asked. With that, I will, let you all ask whatever questions you need to ask, and the gentleman will be happy to try to answer them if I can't. Ms. Cuellar: Thank you, Mr. Bourdon. Questions for the applicant? Commissioner Camp? Mr. Camp: Good afternoon. Thank you very much for the agreement on the financial security related to the decommissioning plan. Do I need to read that into the record or is it sufficient to say that the applicant is agreeable to the condition? Ms. Eisenberg: It should be made with the motion. Mr. Camp: Okay. But I don't need, or I'll need to read the whole -- Ms. Eisenberg: You'll need to read the whole condition for the motion. Mr. Camp: Okay. Thank you. Mr. Bourdon: We are totally accepting as worded, so, that's fine. Mr. Camp: The second question is, I realize on the questions stated from the site plan that the response given about sound and noise stated that the facility will comply with an ordinance. But that wasn't the question. The question asked was, do we have an estimation of the sound profile that this facility will generate when it is operating? What I'm really looking for, it's just the number in terms of a range of DBAs. Ms. Cuellar: Thank you. If you could please state your name for the record. Mr. Polson: My name is Mark Polson. The facility will comply with the local or the zoning ordinance, you know, below 55 DBA. Typically, these things range between 45 and 50 DBA. Mr. Camp: Thank you. My next question is, with regard to waste batteries, will waste batteries be stored on site for a period longer than six months, or would you be willing to suggest that that will not occur? Mr. Brown: Hello, my name is Joe Brown. Can you guys hear me? Ms. Cuellar: We can. Thank you very much. Mr. Brown: Yeah, so the quick answer to your question is these batteries are designed to last for 20 years, and at the end of that life, we would not be storing any of the waste batteries at the end of life. We would be recycling them at a facility probably a US located, so there would be no storage of any waste battery products on site. Mr. Camp: Thank you. The last question that I had was, and I wanted to preface it by saying, I appreciate your statement at the front in terms of finding a correct location for an industrial use that inclines me to want to support this, because as far as our overall comprehensive plan, it's in the right place. The reason for all of these questions is this would be the first such facility in our city. So, it's an entirely new thing to find out about. I think we need to talk about the fire risk a little bit more, it's only been four months since the largest BESS fire in the United States, and the State of California has stopped permitting these at the moment as they review their regulations. There have been three other large-scale incidents at these over the last four months as well. So, I think we'd be remiss not to hear a little bit more from the applicant about your assessment of fire risk and remedial measures or better preventive measures. Mr. Bourdon: Let Joe answer that since he's the expert and they've done a hundred of these without one. Mr. Brown: Our Safety Compliance Officer is on the call, Mike Watson, if you could unmute him, he could better answer. Mr. Watson: Mike Watson, can you hear me? I'd just like to first of all say thank you for having me as part of this conversation and preface it that, you know, my history is, you know, my career has been in regulatory compliance and I'm a technical reviewer for national international standards. I sit on the standard technical panel for these standards. So, it's a great question and it's a pertinent question. And, you know, in order to ensure that we've done our technical due diligence, we intentionally light our product on fire and we intentionally induce thermal runaway so that we can investigate the results of what would happen, right? So, we perform this at the cell level, we perform it at the module level, and we perform it at the rack level. After all those tests are have been completed, we collect the data, not only just, you know, what happens, but we actually collect the gas itself, send it to a lab to be analyzed so that we can pick and pull out every single hydrocarbon that was exhausted from the system and the percentages of each. From all of this, we show that we actually don't need to do any further testing. However, because of market demand, and we want to ensure, you know, credibility for our product and build confidence in the market, we are in the works of actually doing a large scale fire test, intentionally burning multiple containers to further show, if there is an event, that it is, you know, it's going to extinguish itself in a in a safe way. So in addition to that, because I lead all of the regulatory compliance for this product in the United States, we have a litany of regulatory standards that I ensure that we, you know, you know, that we are in compliance with, and not just internally, but I contract third party companies to assess our product against these standards. All of these documents are available to be reviewed and to be picked and pulled through. I regularly speak with city council members like yourself, with AHJs, with fire marshals, and I also, I don't just present the story, but I also ask them, is there something that we're missing? Is there something that we could do better? In addition to that, of all the counties, I know you mentioned California, which is, you know, one of the most stringent when it comes to these regulatory requirements, which is great. There's one that's -- and that's New York City, and I'm, you know, we'll let you know that as of today we have two applications in with New York City to be able to install our product in their county. This is a huge deal because once that is accepted, it'll be further evidence that we have done our proper due diligence. I welcome any other further questions related to this topic? Mr. Camp: So, if I may ask just a clarification, would you concur that there are approximately 300 of these installations of type facilities? Mr. Watson: Is your question throughout the United States or Trina specifically, or? Mr. Camp: What I'm trying to do is scale your earlier response where you stated that you were involved in approximately 100 of these, and if I understand that there are about 300 in existence, it would give us some understanding that that's about a third of the ones that are out there. Am I on the right track here? Mr. Watson: Yes, sir. Mr. Camp: So, to pull that all together, you or your firm have been involved in approximately one third of the installations and none of them have had a major fire incident? Mr. Watson: Yes, sir. That's correct. This is also globally as well. So, you are correct. Mr. Camp: Thank you for the clarifications. Thank you, Madam Chair. Mr. Bourdon: If I could add something to that not on a technical basis. As you can tell, the testing continues, and the improvements continue because of the timing of when the need will exist is not here right now. This will probably not come online. This facility, we're asking to get approved today for two and a half to three years. So, there will, in all likelihood be further improvement as the next two plus years go by in terms of the safety. Ms. Cuellar: Thank you very much, Commissioner Plumlee. Mr. Plumlee: Okay. Are there established setbacks, cold zones around these batteries? And what are the distances, because it's not set that I can see and I've read through the application. Is that in a condition? Mr. Bourdon: Well, it's on the plan. If it scales, it scales out. I didn't, I don't have the exact number of feet. Ordinance provides for what required distances between them. Mr. Plumlee: What is that? Mr. Bourdon: I don't have it in front of me. Mr. Plumlee: Okay. Is there remote monitoring systems installed for fire or detection of any kind of chemistry coming from this battery? Mr. Bourdon: Mr. Watson can answer that question better than I can as to the specifics of the remote monitoring. Mr. Watson: Yeah, I'll actually pass this over to Joe Brown. Mr. Brown: Yes, the answer to your question is the site will be remote monitored 24/7/365. Mr. Plumlee: Is there going to be an onsite fixed water source, like a hydrant or other high volume water systems nearby? Mr. Brown: That's beyond our scope. We'd have to defer to Mark in the room. Mr. Plumlee: What is the estimated cost of decommissioning this site? Mr. Bourdon: The estimated cost somewhere between two and a half, and three and a half million dollars. Mr. Plumlee: What's the basis of that estimate? Mr. Bourdon: My client has got it from some engineers, independent engineers to give them an estimate as to what it would cost for this size of a facility. But that, again, that will be a part of the decommissioning, and it could be a whole lot different by that time. Mr. Plumlee: What experience do they have decommissioning a site, you're making an estimate. I'd like to know what they based it on? Mr. Bourdon: I'm just giving you the answer. That's what the engineers told us. Mr. Plumlee: Is there an emergency response plan that's been gone over with the local fire chief for this site? Mr. Bourdon: The answer to question number -- we answered that question. They will meet with and go through this with the fire department. Mr. Plumlee: Has there been any training of our fire department how to address any type of emergency at a facility like this and what it would require for drills and training? I'm not asking John to answer that question. I'm asking you, so. Mr. Coston: I'll say something. The fire department inspects all of these facilities on annual basis. Each truck has a plan and in that truck that's on the truck and it's on all the stations that respond, that would respond to that incident. Even the battalion chief who handles the whole district has a copy of all these plans so that we can coordinate efforts in the event of a fire. We have been noted as being one of the best fire departments in the country. Mr. Bourdon: That was exactly what I was planning on saying. Mr. Plumlee: I don't think that he was your answer, Mr. Bourdon. But let me, let me just say this — Mr. Bourdon: No, I think I will answer the question. The question is my clients will -- Mr. Plumlee: I will just interrupt because I'm waiting for response. Mr. Bourdon: You don't want me to answer the question? Mr. Plumlee: I don't want to get into argument about it, but what I'm asking is of the applicant, simple question, have they gone over these procedures with our fire department to understand the peculiarities of this particular operation? That's the extent of the question. Mr. Bourdon: The answer to your question is they will be doing that long before this facility is ever in place. Mr. Plumlee: So, the answer is no. Mr. Bourdon: No, it has no reason to your, the fire department was involved in creating this ordinance. There's nothing in the ordinance that says that the applicant needs to educate the fire department before the application is ever approved. Mr. Plumlee: I agree. It doesn't say that. So, we don't have in place any type of drill for our fire personnel to handle a situation with a facility like that, and that's the point I'm trying to reach. I'm not trying to get in an argument with you. I'm just trying to make the point that our current zoning ordinance has very few restrictions on this type of facility with regards to design, operation, and decommissioning, and because this is a new technology, which we're talking about 20 years into the future decommissioning, none of us really have an understanding of what the costs and requirements are gonna be with regards to decommission. I'm not trying to be rude, I just, there's a lot of information to try to go through, and I've got folks online who I don't see when they're ready to answer a question when they're not, and it's a little difficult to have a hearing in this format. But I would like to know what the current setback is for this facility? What is the setback buffer all around where these are planned to go? Mr. Bourdon: From each unit? Mr. Plumlee: Yes. Ms. Alcock: I just wanted clarification on that. In the ordinance, we have a 100-foot setback from all batteries and structure from the property line, but I wasn't sure if that was your question or if you mean between the actual batteries themselves? Mr. Plumlee: Well, the ordinance in Chesapeake is 300 feet. The area that we saw in the Richmond area, I believe was also 300 feet for this. So, I wanted to at least establish that this was going to be, if that was the plan, 100 feet. I don't know if you planned on a greater buffer than what the ordinance was requiring, but it doesn't sound like that's what's being required. Mr. Bourdon: The buffer from adjacent in the northern, a portion of the northern is 100 feet, most of it is more than 100 feet. From on the west side, it's over 150 to over to 250. Mr. Plumlee: Is that in a condition or is that just simply the design currently? Mr. Bourdon: I'm sorry. Mr. Plumlee: Is that a condition of the permit or is that just in the design that's before us? Mr. Bourdon: The plan has to be adhered to as it's a condition. Mr. Plumlee: So that's current plan is showing a 250 buffer. On which portion of it? Mr. Bourdon: The lower left, mid to lower left as you look at it, which is the west side. It's, I believe actually, yeah, and it's more than that on Damn Neck Road. It's only at the north end that where that jog is, there's one unit that I think is about 110 and then across for our east side fence, and then it's, you know, a little, again, just a little over a 100. To the north is a very long elongated property that has a nursery on the front and in the back, a lot of storage. There's no human occupancy, no home or anything like, and only the retail part of the business is out on Holland, very close to Holland Road. Mr. Plumlee: Are the power lines, the major lines leading in and out? Are they underground or are they above ground? Mr. Bourdon: I don't know the answer to that question. Mr. Polson: So, the power lines leading in and out are above ground and they'll be interconnecting to the existing power lines that run through the property. Then to get back to your question on spacing though, there's 25 feet between each of the battery containers. Mr. Plumlee: Okay. Between the batteries, right? Mr. Brown: Yes. Mr. Plumlee: I was really discussing the greater buffer between that operational area and then trees or other potential, you know, fuel for any kind of fire or anything like that. That would be a buffer of how much around the whole thing? Mr. Brown: Well, we're required to have 100 feet minimum, you know, between the batteries and the property line and then the appropriate landscaping, you know, will be in that -- Mr. Plumlee: Okay. Those are my questions for now. Is there going to be any more presentation from the applicant or is this all? Mr. Bourdon: If no one else has any questions. We're done. Ms. Cuellar: Lemme I can clarify with the clerk if we have any speakers. Clerk: We do not have any speakers. Ms. Cuellar: Are there any additional questions? Commissioner Cromwell? Mr. Cromwell: In regard to the physical cables, how far away is the battery storage facility from the power source? I mean the cable that's gonna come ashore and feed the batteries? Mr. Bourdon: Well, it's a connection with a Dominion's facility that will be adjacent to this on the property it's shown on here. So, the dominion will bring the power to this facility, it's above and its above ground lines. Then they'll also take the converted power into the grid. Mr. Cromwell: Well, right. But what I'm saying is that gonna require another right of way if they're overhead coming into the battery facility? Mr. Bourdon: It will be on the on the subject property and the property to the east. It won't become; it won't be on anyone else's property. Mr. Cromwell: But I mean, well, how far away from the right of way is it from the power lines, in other words, as it exists? Mr. Bourdon: It's depicted on there. Well, it's way back, well back from the road. It's up in the right, mid -right, you see area with a bunch of writing in the point, that's it. Mr. Cromwell: Okay. Mr. Bourdon: That's all the way to middle of the property basically. That's it. It's not out anywhere near Damn Neck Road. Mr. Cromwell: Thank you. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: How are you? Mr. Bourdon: I'm doing fine. Mr. Mauch: Good. I just have a couple of questions about environmental concerns and if there are any with battery storage sites. If anybody could speak to those as well as, if a fire does occur, but putting it out is not quite as easy as a normal structure fire. Is the smoke that comes off of it any more or less toxic? As well as I think being within the southern waters, yeah, the southern river's watershed, I think making sure that we're being good environmental stewards for that is above and beyond what we, you know, making sure that we need to make sure that's? Mr. Bourdon: I think there's two questions. One question for the experts. As we stated, the industry practice is not to put pour water on it at all. So that's the runoff, and I think that, again, we address that in the questions. I won't read them to you. I know you've read them. I think the real question is the smoke, I think that's a question, I've been wrong both times, but I'm guessing that's Michael answer versus a Joe, but whichever one wants to answer that. Mr. Watson: Hi, this is Mike Watson. I'd be happy to field that question and it's a great question. So, I'll go back to, you know, in order to validate what, you know, your question like, "Hey, what, what kind of stuff is coming off in, in case of an event? What are we dealing with? What are we looking at?" And so that's the purpose of why we perform a thermal runaway event in the lab, so to speak. We collect the gas that comes off of it, and then we have it analyzed. I have a spreadsheet of every single hydrocarbon, and also, it's, you know, a percentage of that hydrocarbon. I'll tell you that in every event it's almost, you know, about 50% is hydrogen, another 25% is carbon dioxide. Another, you know, about 15% is carbon monoxide. Then there's, you know, trace amounts of other very, very small hydrocarbons, but the over 85%, about 85% to 90% of the gas that would be coming off is hydrogen, carbon dioxide and carbon monoxide. Mr. Mauch: Thank you. Mr. Bourdon: It's not in a contained area. Mr. Mauch: Just tell us about the process. It may be helpful. We're kind of at the beginning stages of this process. After this, you're going to go and get many different approvals from regulatory committees that, well, beyond what, what our scope is? Mr. Bourdon: Correct. Obviously after this body makes its recommendation, we'll go to city council, and they'll have a hearing and there may be other very good questions that are asked because this is the first one. At the state level, DEQ is involved. At this point, storm water, I'm not aware of there being any other DEQ permit, but that's not to say that that won't happen legislatively prior to this ever getting permitted. Because I mean, we're gonna go through this process with the city on site plan review, and I'm confident the fire department will be, you know, right there. We're happy to handle all of the, giving all the information, helping them, you know, with questions and answers with our experts. It's gonna be a collaborative, you know, thing. That's exactly what it's going to be, it has to be. So again, we're two and a half to three years away. Could be even longer depending upon, although Dominions moving pretty, you know, smartly with regard to the offshore, based on what I see off of Croatan Beach all the time. They're definitely working out there, and Dominion's, you know, they're completely involved in this. I mean, they may, they're not, I'm not saying they will at all, but they may acquire this facility at some point. So, their involvement is, it doesn't happen without their involvement. So, my point in that is that there are a lot of people with a lot at stake that'll be involved in it, and safety is clearly in everybody's mind. These folks are not, oblivious to that, you know, when they had the meetings with the Seatack community. They had multiple meetings with them, they've gone to great lengths, you know, that they, and again, this is going there, but, and they didn't choose that site that was somewhere they were directed by our economic development department. So that's not their fault, but they're going to do what's best for, you know, everybody involved is from a safety standpoint, from a contamination standpoint. We weren't asked to put, to agree to put up a bond, that came from us. It did not come from the city. We went to the trouble of contacting some engineers and getting an idea what they thought it would cost, and that's in the answers I gave you all as well. Mr. Mauch: Thank you. I just wanted to make sure that it was known that, that we're kind of the first couple steps within a process that gets even stringent, more stringent. Thank you. Ms. Cuellar: Commissioner Camp. Mr. Camp: Thank you. I just wanted to follow up on something Commissioner Mauch asked you. With regard to, I'll call them hazardous materials or the concern thereof. You mentioned the airborne issues, the gases, what about the residual physical material when the lithium oxidizes? Are we left with any heavy metals or other issues on the surface? Mr. Bourdon: Well, I think that's my understanding and believe me, I'm not, not holding myself out to be an expert. Again, maybe Michael or Joe want to chime in as well. The decommissioning process, and the bond or letter of credit is for decommissioning, it's also for any remediation. It's not just decommissioning. Mr. Camp: Yes, sir. Mr. Bourdon: So I assume, but don't know that there is concern, not overly so, but there's concern that there may need to be some removal of soil at the decommissioning at the end, because there may be some level that may exceed some EPA standards in the top soil or whatever. Mr. Camp: So, let try to help you out. We'll do a couple baby steps and walk through this. My first question is, for your technical expert, would we expect the presence of heavy metals or another hazardous physical residue? Mr. Watson: Hi, this is Mike Watson. Yeah, another great question. So, the answer is, no. The reason I say that is because as has been noted in this, you know, conversation earlier, there's been many, let's say fire sites throughout the United States, and each event we learn something new, and to date, we have not seen an event take place, and then after the fact, there were heavy metals as a residual after the fact. Mr. Camp: Thank you. I appreciate the clear answer. In terms of the gases then, if I understand this right, we're talking about hydrogen and oxygen, which is similar to the major event, the Moss Landing event that occurred in January where California evacuated over a thousand people. Why would we have an evacuation called for if we're not concerned about the types of gases that are coming off? Mr. Watson: Yeah, another, another very pointed question. So, Moss Landing was a great, let's say lessons learned for the entire industry, and that unique setup is they had just rows and rows and rows and rows and rows and rows of what we call racks all bundled together. As a result of Moss Landing, you'll see post 2020, 2021, nobody has that formation of their batteries, containers anymore. Now it's all compartmentalized, and that's why we have spacing requirements, and the standards always lag technology, and they lag events. As a result, the standards now have in place where you have to distance your containers, first of all, containerize them, and then secondly, keep them at a certain distance away from each other so that there's not propagation in the case of an event. Mr. Camp: So, my last question on this, as I read, the US Department of Energy incident reports approximately 35 major incidents at these kinds of facilities, but the majority of them appear to occur within the first six months of operation, is that correct? Mr. Watson: Yes, sir. Mr. Camp: So, in terms of learning from what we've done before, these facilities are still failing early on, even the new one, a lesser rate, but that's when they're failing. It's not that these incidents were all a long time ago and now we don't have them. Mr. Watson: Apologies. Was there a question? Mr. Camp: Yes, sir. The question is, do you concur that the rate of incidents is diminishing, but we still have incidents occurring within the first six months of operation at these facilities? Mr. Watson: Yes, sir. I concur, and I believe a lot of that is doing part to the commissioning and the quality of the commissioning, not necessarily the product itself. Mr. Camp: I didn't want to ask any more questions, but since you've now put that out, could you talk a little bit about your commissioning process to reassure the commission? Mr. Watson: Yeah, absolutely. So, we have, again, since we've installed, you know, hundreds of these globally, we have a commissioning procedure that we have followed through, and again, as a result, we have not had one single incident. In addition to that, we continue to hire, you know, field service engineers that are in the industry that come from other companies, and so we continue to learn, and we continue to build and improve upon our current commissioning. In addition to that, we also hire third parties that know what they -- might have more information than we do about the specific components that we're using to ensure that we have the highest of quality during commissioning. Mr. Camp: Thank you, sir. Madam Chair, I'm done. Ms. Cuellar: Thank you very much. Are there any additional questions for the applicant? Mr. Bourdon: I'll just mention, Trina Solar Limited. If anybody wants to look them up, my clients are, have engaged them because of their safety record. Ms. Cuellar: Thank you very much, Mr. Bourdon. There are no speakers signed up for this application. So, at this time, I'd like to open up on the floor for discussion and to entertain a motion. Commissioner Plumlee? Mr. Plumlee: I have my doubts that we've done sufficient education on this subject in order for us to ask the proper questions, I would prefer that we defer this item and have someone from our public safety department come and address some of these issues, like an emergency response plan, things that we could expect to have put in place, whether or not, you know, how much thought we'd given it to this 100 foot buffer as opposed to the 300 foot buffer that Chesapeake is requiring, other locations requiring. I don't have a true objection for this location. What I'm objecting to is our knowledge of these facilities being fresh and that we might need a bit more homework. I don't want to put these folks off forever in considering it. So, I think it should be a reasonably trim deferral, but I think would greatly assist the council in trying to get more information, and it's not going to harm them if we're talking two to three years out on being operational anyway. We're not really slowing up the process or holding up, you know, off offshore wind, by taking a little more time and making sure, that we've been careful enough in this process because this is the first location, hopefully, it's not going to be the last location, and the more we learn, the better off we'll be. Ms. Cuellar: Commissioner Plumlee, we have our zoning director here. Would it be beneficial to inquire regarding the 100 versus the 300 feet at this time? Mr. Plumlee: I really do have more than one question, but yeah. I think I have more than just the buffer, but the buffer sort of is the beginning where you say, okay, are the trees far enough away? Are we clear? Do we have this clear zone? Do we have an access point that's safe? So, the buffer's sort of the first, but I think there's so much to this and I've started with public safety because I think that's primary, but decommissioning the cost of decommission are extremely important also. I'm not really sure if we've done our due diligence on that, if the applicant is suggesting it, and if the applicant is saying, here's an amount, I think we need to be able to meet that and say, we've looked into these items sufficiently. So, I would request a deferral for all those reasons. Ms. Cuellar: Is there any further discussion? Commissioner Byler? Ms. Byler: Thank you, Commissioner Plumlee. I concur with your thoughts that we need to know more. When this application came up two or three years ago regarding the Seatack location, I bought the steel toe shoes, and I wore the hard hat, I went out, and I viewed one of these facilities, and it is sobering. I don't begin to propose that I understand it all, but it really is, it really is a huge deal, and to have something like this go in this site is certainly preferred to the Seatack site which was in housing. But still, if we're putting it near an airport where there are pilots being trained, and sometimes unfortunately accidents happen, and if we had an accident involving one of the planes on this facility, and I asked this question directly when I was at one of the battery facilities, what would happen and they said it would go up in flames. I asked how long it would burn or how long it would take to put out, and they said no fire department could put it out. It would have to just burn. When I asked how long it would burn, I was told it would depend how much energy was in the battery at the time, and that varies throughout the day, throughout the week and month. So, these are really big decisions, and it concerns me that our sister city has standards, and we don't. So maybe we need to take our time and put some standards in place. Ms. Cuellar: Thank you, Commissioner. Is there any other discussion? Commissioner Cromwell? Mr. Plumlee: I would like to hear from Dominion Power in regard to why these are necessary and how it works. Just some type of explanation of, you know, why is this necessary for part of the grid to just, you know, quick update, so to speak. Ms. Cuellar: Commissioner Byler. Ms. Byler: Commissioner Cromwell, I will just say to that, I understand there is a serious need for this and it's all over America. It's probably all over the world, but certainly in our great country, we're balancing the need for energy at an increasing rate. With technology, we're going to have a huge increase in the need for storage, and I get that, and where else would we put it except in an industrial area where there are no houses. So, I really am sensitive to that, and I think this is very likely a good location for it. I'm just concerned that maybe we don't have our standards in place yet. I didn't hear any urgency that we needed to vote on this today. It sounds like we're still a couple years off, so if we take a month or two to consider this more carefully, that might be well advised. Ms. Cuellar: Thank you. Commissioner Mauch? Mr. Mauch: Just for clarification, do we have a motion on the table? I think it's for deferral, but do we have a second? I was going to say we might as well just kind of go through the process. Ms. Cuellar: We have no motion yet. There was just discussion. At this time, I can entertain a motion and then we can have further discussion. Commissioner Camp? Mr. Camp: I'll just say that I am looking at the standards that we have now, and as I said in the informal, I am not satisfied with the standards we have now, but I appreciate that the applicant came forward under these standards and as best I can tell, has done their best to satisfy them, and in fact, has done a few extra things. In terms of some of the safety issues, our zoning code currently calls for that to occur after the site plan is submitted. I understand that we'd like to see it now because it's the first time and it would reassure us, but I can't fault the applicant for not having done it because our code says they don't have to do that yet. This may be surprising, but I'm inclined to support this as being in the right place and meeting our guidelines that we have today for this type of industrial use. But I appreciate that as much homework as I've tried to do because it wasn't on the commission at the time you heard the last one. I'm certainly no expert. I've tried to ask pointed questions that concern the safety, the environmental, the noise, things that aren't necessarily covered thoroughly. I'm personally satisfied, but I respect my fellow commissioners wanting to investigate this further. Ms. Cuellar: Thank you. Commissioner Alcaraz? Mr. Alcaraz: Thank you, Chair. My feeling is this is the second attempt with same applicant for the same, you know, purpose, and I think that the city's done their due diligence on what needs, need to be found or whatever, whatever concerns, and I appreciate the rest of the commissioners, but I'm in agreement with, Commissioner Camp. I'm going to support it. So, I just wanted that to be known. Ms. Cuellar: Thank you very much. Commissioner Coston. Mr. Coston: I understand that we can't know everything all the time, but there's organization that works with, I mean, we have UAL, we have an FPA who follows every kind of fire and and makes recommendations. Some of things are requirements that have to go on in this country, and sometimes you have to trust the experts and, I'm gonna support it. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: I certainly respect everybody that wants to do what they believe is appropriate in the face of this application with the law in its current state, I can't support it. I think it's not properly designed. I don't think the buffer is sufficient. I think as Commissioner Byler pointed out, we have a city right adjacent to us that studied the problem and came to the conclusion there was a minimum requirement of 300 feet unless you receive a variance from City Council to that buffer, but I certainly respect everybody's, you know, opinion on this thing. These are difficult questions but not having an emergency response plan in place to address this peculiar operation, I can't support that. Ms. Cuellar: Thank you. Commissioner Hippen, I saw your light. Ms. Hippen: I was on the commission when we had the first application. My lack of support for it at that time was because of the proximity to homes and the historic area. I applaud the applicant for finding a place that is in a better location. I also did the visit up to the Richmond area, I call it Battery Farm, and I saw and asked questions, and since I was in aviation, maintenance in the Navy, a lot of the questions that were asked around me, a lot of the questions that I asked just confirmed what I understood, I do believe that this is a necessary thing that we have to have. I do believe that the setback should be more, however you are complying with the current ordinances and zoning. So, with that, I support this because it's like having a battery pack for your phone when you travel. I'm going to put it with that, but it's more important because of the energy usage that we are getting in today's world. Ms. Cuellar: Thank you. Commissioner Hippen. Commissioner Mauch? Mr. Mauch: I think we probably need to get a motion on the table. I think the discussion is good, but let's put something on there so that we can vote on it. I don't think that where I sit is, has really made my mind up. So, I would like to make a motion to defer for 30 days, so that we can get some of these questions that we have answered, and then, hopefully we can take a vote, and all feel comfortable on making that decision. So, a motion to defer for 30 days. Mr. Plumlee: Second. Ms. Cuellar: Commissioner Plumlee, was that, was that you? Okay. We have a motion on the table for a deferral for 30 days by Commissioner Mauch, a second by Commissioner Plumlee. Is there any further discussion? Commissioner Alcaraz? Mr. Alearaz: I'd like to make a substitute motion to approve the applicant has submitted. Ms. Cuellar: Okay. Ms. Hippen: Second. Ms. Cuellar: We have a substitute motion on the floor to approve the application with a second from Commissioner Hippen. Is there further discussion? We'll vote on the substitute motion first. Ms. Eisenberg: Just for clarification, Commissioner Alcaraz, does your motion include the new proposed condition because you just stated as proposed? Mr. Alearaz: I was -- Ms. Cuellar: Our city attorney is asking for clarification on the substitute motion. Mr. Alcaraz: Yeah, and it include number seven for the engineer. So, decommission recommendation, yes. Ms. Cuellar: Can you just read it into the record because — Ms. Eisenberg: I'm sorry, it's just not anywhere except you guys have it. Mr. Alcaraz: Alright, number seven. An engineer's report detail on the cost for the decommission and remediate the site shall be submitted and reviewed with the site plan and a bond and letter of credit to the satisfaction of the city attorney's office. The amount determined by the engineer's report shall be posted with the City of Virginia Beach prior to the site plan release. The bond or letter of credit will be held under the decommissioning and in completion of the site. I'm sorry, in decommissioning is complete and the site is returned to natural state. Ms. Hippen: My second is with that condition. Ms. Cuellar: Okay. So, we have a substitute motion on the floor from Commissioner Alcaraz to approve the application with condition #7 as read and a second by Commissioner Hippen. Mr. Parks: Chair, I'd like to, to add something really quick if possible. Could we also add a condition to provide an emergency response plan? I believe that was added an Eddie's email that it will come at some point, but just to put that in as a condition that it be approved by staff to their satisfaction. Mr. Bourdon: I have no problem with that. It's contemplated in our ordinance already, but I have no problem with that. Mr. Parks: And then buffers is, would that be amenable to enlarge those, if possible, the 100- foot buffer since that seems to be the biggest concern? Mr. Bourdon: Well, the buffers vary, and I think that if you would just send this to council, if council believes that their ordinance needs to be changed, they're the right body to decide. We need to send this back and have changes made to our ordinance. That's the way the process should work. Mr. Alcaraz: Mr. Parks, what was your first? Mr. Parks: To add a condition that a safety plan be added to one of the, basically the condition eight? Mr. Alcaraz: I'll accept condition eight as stated Commissioner Parks. Ms. Hippen: I second that. Ms. Eisenberg: So now there needs to be a vote to make the substitute motion, the main motion, and then you can vote on the substitute motion. Ms. Cuellar: Okay. So, I believe we should have some discussion at this point, and the discussion would be germane to the second substitute for the emergency plan. Would that be correct? Or the whole thing? The whole substitute — Ms. Eisenberg: I think you can talk about the whole thing, but then at some point there would need to be another motion to make the substitute motion the main motion, and then that would be, then after that vote, you would vote on the substantive motion. Ms. Hippen: So, we have an ordinance in place that mandates that emergency plan. So that is already going to happen. As far as the setbacks, that's a different story. Ms. Cuellar: Correct. Discussion. Commissioner Camp? Mr. Camp: So, I'm in agreement with Commissioner Hippen on that, that our zoning code section 2225..02A3E says an emergency action plan is required by the fire chief of the City of Virginia Beach shall be submitted with a site plan and goes from there. So, it's already a requirement that they will have to conform to. So respectfully, Commissioner Parks, they're going to have to do what you're proposing to do. Mr. Parks: Yeah. Understood. I just wanted to make sure it was captured, because that is a big point of contention for a lot of the commissioners, making sure that that is known. So, if it's in the ordinance, great. If not, I think it should be added as a condition. I think what's in that plan is what really needs to be discussed. Ms. Eisenberg: Just for clarification, even if it's in the ordinance, you can condition it if you want, similar to how most of the short-term rental conditions are replicated from the city's zoning ordinance. So again, it's completely up to the commission, but don't feel like you can or can't base on its presence in the ordinance. Mr. Parks: So that being said, I would recommend that condition eight be added to provide an emergency response plan that is to the satisfaction of the staff. Ms. Cuellar: Okay. Is there any further discussion? Ms. Eisenberg, if you could just, if I can just talk this through you. We vote on the substitute motion first, and so we'll be voting on the substitute motion from Commissioner Alcaraz. Ms. Eisenberg: So, there'll actually need to be a vote to make the substitute motion, the main motion, and then once that vote is completed, then you would vote on the substantive motion. That would be that motion that includes the two amendments. So, the motion that we would be looking for right now would be a motion to make the substitute motion, the main motion. Mr. Parks: I move that we make the substitute motion, the main motion. Ms. Hippen: Second. Ms. Cuellar: Move by Commissioner Parks and seconded by Commissioner Hippen, that the substitute motion be the main motion with two conditions, conditions #7, condition #8, which is the emergency plan to be added as a condition. Clerk: The vote is open. By recorded vote of 9 to 2 to make the substitute motion, the main motion has been recommended for approval. Mr. Bourdon: Thank you all. Mr. Parks, thank you for your service. Ms. Eisenberg: So now the motion currently on the table is the motion that was made by Commissioner Alvarez and the friendly amendment that Mr. Parks recommended. So that would include what's in your staff report. In addition, the condition that is requiring some sort of surety, either by bond or letter of credit and an emergency response plan. Ms. Cuellar: Thank you for your guidance today. Clerk: The vote is open. By a recorded vote of 9 to 2, items, two, three, and four, Starling BESS Energy, LLC has been recommended for approval. Ms. Cuellar: Thank you very much. Alright, Madam Clerk, you can call the next item. Vote Tally Commission Member AYE 9 NAY 2 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hippen X Mauch X Parks X Plumlee X Conditions for Conditional Use Permit When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "AMERICAN POWER VENTURES, LLC — STARLING FARM BESS PROJECT 80MW/320MWH BESS, PRELIMINARY SITE PLAN, DRAWING NUMBER CSK1-1, prepared by POWER ENGINEERS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN — PROPOSED FOR STARLING FARMS, SHEET LP-1", prepared by MSA, dated 05/05/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. As depicted on the Conceptual Landscape Plan, the existing mature trees and vegetation shall remain on site in the designated areas. Clearing of trees shall be kept to the absolute minimum necessary to operate the battery storage facility. If trees are removed in the buffer area, they shall be supplemented with plantings to satisfy Category VI buffer requirements. 4. When developed, a photometric plan for the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 5. The proposed eight -foot -tall composite style fence shall be in substantial conformance with the fence rendering depicted on the conceptual landscape plan referenced in Condition 2. 6. When the project ceases to operate, a full site decommissioning shall take place to include the removal and proper disposal of equipment and facilities within 365 days following the date of final operation unless it is extended upon request of and approval by the City Council. The batteries on the site; however, shall be disconnected from the electrical grid and unplugged from any power source at the beginning of the decommissioning process. 7. An engineer's report detailing the cost to decommission and remediate the site shall be submitted and reviewed with the site plan, and a bond or letter of credit to the satisfaction of the City Attorneys office, in the amount determined by the engineer's report, shall be posted with the City of Virginia Beach, prior to site plan release. The bond or letter of credit will be held until the decommissioning is complete and the site is returned to a natural state. 8. An emergency action plan shall be submitted during final site plan review, as required by the Fire Chief of the City of Virginia Beach. 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. Conditions for Street Closure 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the applicant has acquired ownership of all such abutting parcels. 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1 la 0 oc ® Site Property Polygons Zoning Building T-M r III R10 cq CD 10 1 <:> C-3(3 1 R1�3 / S-I Ow,riar'. &-A 21 N _ BH Cypress Point MF Development, LLC w is 928 Diamond Springs Road & 1025 Heatherwood Drive S Feet 0 4080 160 240 320 400 480 ti it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BH CYPRESS POINT MF DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District) for the properties located at 928 Diamond Springs Road and 1025 Heatherwood Drive (GPIN 1468453483 and 1468552330). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: July 8, 2025 ■ Background: The applicant is requesting a Conditional Rezoning to redevelop the existing Cypress Point Shopping Center into a mixed -use development to include multi- family dwellings as well as office and retail space. The subject property is 13.2 acres and is currently zoned B-2 Community Business District. The applicant proposes to demolish most of the existing shopping center, except for approximately 20,700 square feet located in the northeast corner of the site which is to remain. Proposed improvements include a three-story commercial/office building with active commercial on the first floor and office space on the second and third floor. The western portion of the site would contain the proposed residential units; two multi -family buildings with a total of 343 units; and 22, three-story townhouse style units. The multi -family buildings will primarily be 4 stories in height, increasing to a height of 5 stories at the corners of each building. Amenities for the multi -family units include a pool, clubhouse, outdoor grilling stations, lounge areas, and a mail center with a package room. The applicant has proffered that, for a period of ten (10) years, seven percent (7%) of the multifamily units would be identified as attainable housing units, available only to those households with an annual income not to exceed 100% of Area Median Income for the Virginia Beach -Norfolk -Newport News region as determined by the U.S. Department of Housing and Urban Development. The B-4 Mixed Use District has a maximum lot coverage of 75%; however, the applicant is requesting to increase the maximum lot coverage to 80.2% in order to achieve the proffered concept plan. While the proposed lot coverage is greater than what is permitted by the zoning ordinance, the proposed conceptual site and landscape plans reduce impervious area by 6.1 % compared to the existing development. A second deviation is a request to increase the permitted height of the townhouse style units along the rear property line from 35-feet to 40-feet. While the units are within 100-feet of a residential district and therefore the height is BT Cypress Point MF Development, LLC Page 2 of 5 limited to 35-feet, the units will abut the adjacent city park which will provide additional buffer for the residential properties to the north and east. Additionally, the applicant is requesting a parking reduction of 190 spaces; proposing to provide 676 spaces rather than the required 866 spaces. The Zoning Administrator approved the reduction based upon the parking study provided by the applicant, which shows the peak hours of parking demand differing between the residential and commercial uses. The greatest combined demand was 676 spaces and occurred in the evening. The 676 spaces shown on the proffered plan can accommodate the demand. The applicant is proposing pedestrian access improvements throughout the site, to include sidewalk along Fallbrook Bend, stamped concrete crosswalk connections to the sidewalks along Diamond Springs Road and Wesleyan Drive, as well as between the residential and commercial sides of the development. Additionally, the applicant is proposing direct connection between the proposed development and the adjacent Cypress Point North Park. While the Active Transportation Plan recommends widening the sidewalk along Diamond Springs Road and Wesleyan Drive by approximately two feet, the applicant has chosen to forego the widening in favor of retaining the mature trees along each street. ■ Considerations: The Cypress Point Shopping Center has experienced considerable vacancies in recent years, including the grocery store that once served as the anchor for the shopping center. The Comprehensive Plan recognizes that reinvestment in and redevelopment of aging shopping centers is critical to assuring continued reinvestment and quality of the residential communities of which they are a part. Rezoning to B-4 in order to introduce housing into the mix of land uses on site, not only serves to improve the quality of development on site but would bring 365 new housing units to Virginia Beach. With the proffered attainable units, 24 residences would be reserved for households not exceeding 100% of the regional Area Median Income. The proposed development also moves toward a more walkable, village -like atmosphere. Though surface parking remains prevalent, the proposed concept plan introduces new sidewalks and walkways along with additional trees throughout the site. Staff also agrees that keeping the sidewalks along Diamond Springs Road and Wesleyan Drive at their current width to retain the mature trees is appropriate. Staff also finds that the two deviation requests are reasonable. While the proposed conceptual plans exceed the maximum lot coverage, the proposed lot coverage lessens the amount of impervious surface on site, adds trees, and introduces buildings where a sea of asphalt currently exists. The townhouse units are BT Cypress Point MF Development, LLC Page 3 of 5 proposed to exceed the maximum height by five feet, and they are not directly adjacent to residences but to a city park, which serves to further buffer the residential properties to the north and east from the proposed townhouse. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. During the Planning Commission public hearing, there were two speakers. One speaker was in support but asked that the applicant consider reducing the height of the multifamily buildings by one-story. The second speaker was in opposition and prior to the hearing, submitted an email with pictures of maintenance concerns on the rear of the commercial building that is proposed to remain. ■ Recommendation: On June 11, 2025, the Planning Commission passed a motion to recommend approval of these request by a recorded vote of 9-0. Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Development Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 01-03 of the exhibit entitled "Concept Elevations", dated February 28, 2025, and prepared by Housing Studio (the "Conceptual Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The quality of architectural design and materials of the commercial buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 04-05 of the Conceptual Elevation. Proffer 5 BT Cypress Point MF Development, LLC Page 4 of 5 Buildings on the Property that are located within one hundred feet (100') of residentially zoned adjacent parcel(s) will be permitted to be up to forty feet (40') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 6 The maximum lot coverage by buildings and parking on the Property, excluding recreational buildings and surfaces, will be eighty percent (80%) in lieu of the seventy-five percent (75%) otherwise permitted under Section 902(e)(7) of the Zoning Ordinance. Proffer 7 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of three hundred sixty-five (365), of which, up to three -hundred forty-three (343) may be multifamily residential units. For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property, seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units". The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach -Norfolk -Newport News, VA -NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjust for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Proffer 8 Any new freestanding signs located on the Property (in addition to the two (2) existing freestanding signs) will be monument style, no larger than eight feet (8') in height, and will be constructed of materials compatible with those used for the buildings located on the Property. Proffer 9 The following pedestrian connections located within the parking area/drive-aisles on the Property (substantially as shown on the Concept Plan) shall consist of at - grade colored or stamped concrete: (a)cross-walks between the multifamily residential buildings developed on the Property and the existing sidewalks located within the surrounding Wesleyan Drive, Diamond Springs Road, and Fallbrook Bend public rights -of -way, and (b)cross-walk between the commercial/office uses located on the Property and the easternmost multifamily residential building located on the Property. BT Cypress Point MF Development, LLC Page 5 of 5 Proffer 10 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 Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager:( en Project Details Request Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District) StaffRecommendation Approval Staff Planner Michael Hayes Location 928 Diamond Springs Road & 1025 Heatherwood Drive GPINs 1468453483,1468552330 Site Size 13.2 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Retail, city park, single-family dwellings / B-2 Community Business, R-10 Residential South Wesleyan Drive Shopping center/ B-2 Community Business East Townhouses / A-12 Apartment West Diamond Springs Road Nursing Home, restaurant / 0-1 Office, B-2 Community Business BH Cypress Point MF Development, LLC Agenda Item 7 page 1 of 28 • The applicant is seeking to rezone two parcels totaling 13.2 acres from B-2 Community Business District to Conditional B-4 Mixed Use Business District to redevelop the Cypress Point Shopping Center into a mixed - use development. • The intended redevelopment includes a combination of multifamily apartments, townhouses, a new commercial office building, and retention of approximately 20,700 square feet of the existing strip shopping center, located in the northeastern corner of the property. • The proposed 3-story commercial/office building will contain approximately 26,700 square feet of floor area with a maximum height of 52 feet. • The proposed residential uses and supporting parking constitute the bulk of the redevelopment. As noted in Proffer 7, the total number of residential units would not exceed 365. The resulting density will be 27.7 units per acre. • All buildings, including the existing commercial building, are proposed to be faced in a combination of brick veneer, vinyl lap siding, and vinyl shake siding. Additionally, each building would feature architectural shingles with standing seam metal roof accents. • As shown on the proffered elevations, the majority of the multi -family apartment buildings will be four stories, with one corner of each building extending up to a fifth story. The maximum building height for each of the multi -family buildings is 70 feet. There is no maximum building height within the B-4 Mixed Use District, except for portions of the property located within 100 feet of a residential or apartment district. Since the multi -family buildings are located more than 100 feet from the adjacent residential districts, a maximum building height is not applicable. • Amenities in the apartment buildings include a pool with sundeck, meditation courtyard, grilling stations, fitness center, clubroom, mail center with package room, and multiple outdoor lounge areas. The applicant has proffered that, for a period of ten (10) years, seven percent (7%) of the multifamily units would be identified as attainable housing units, available only to those households with an annual income not to exceed 100% of Area Median Income for the Virginia Beach -Norfolk -Newport News region as determined by the U.S. Department of Housing and Urban Development. • The three-story townhouse units have a proposed maximum building height of 40 feet, exceeding the maximum height of 35 feet when within 100 feet of a residential district established by Section 904(b) of the Zoning Ordinance. As such, the applicant is seeking a deviation from this restriction under the provisions of Section 107(i) of the Zoning Ordinance to allow the proposed height of 40 feet. A total of 22 townhouse units are proposed, each of which will have an attached two -car garage. BH Cypress Point MF Development, LLC Agenda Item 7 page 2 of 28 • The applicant is also requesting a deviation to the 75% maximum lot coverage within the B-4 Mixed -Use District to permit a lot coverage of 80.2%. While the proposed lot coverage is 5.2% above what is permitted by the ordinance, the proposed development does reflect a 6.1% reduction in impervious cover from what exists presently. • The proffered concept plan includes 676 parking spaces, 190 spaces less than the 866 spaces required by Section 203(a) of the Zoning Ordinance. In accordance with Section 203(b)(11) a parking study was submitted to the Zoning Administrator, who approved of the reduction based on the Institute of Transportation Engineers Parking Demand tables, which calculates that the peak demand for all uses proposed on the site is 672 parking spaces, and that peak demand for the proposed uses does not occur simultaneously, which leads to the greatest demand being from 6:OOPM?-7:OOPM as 600 spaces are expected to be in demand; therefore the prosed 676 parking spaces adequately meets the estimated demand from the study of the site. A copy of the Parking Study Determination Letter is included on pages 25-27 of this report. • The applicant is proposing pedestrian access improvements to include the addition of approximately 510 feet of sidewalk along Fallbrook Bend, along with stamped concrete crosswalk connections to the sidewalks along Diamond Springs Road and Wesleyan Drive, as well as between the residential and commercial sides of the development. Additionally, as seen on the proffered plan, the applicant is proposing direct connection between the proposed development and the adjacent Cypress Point North Park. • The proffered landscape plan includes the required 15-foot, Category IV landscape buffer adjacent to the residential districts to the north and east as well as the required foundation and street frontage landscaping. To satisfy some of the landscaping required, the applicant is proposing to retain the mature trees along Diamond Springs Road and Wesleyan Drive as well as along the rear of the property. • While the applicant is not proposing any new signage immediately, they are requesting to reserve the ability to add a freestanding sign in the future at the Heatherwood Drive entrance. The sign would be a monument style sign, no taller than 8 feet, and finished in materials compatible with those used in the proffered building elevations. A Phase I Environmental Site Assessment (ESA) was prepared by Nova Group, dated April 29, 2024. The Phase I Environmental Site Assessment found no evidence of Recognized Environmental Conditions (REC) or Controlled Recognized Environmental Conditions (CRECs) connected with the property. It is the opinion of Nova Group, that no further action is needed, including remediation or further study. BH Cypress Point MF Development, LLC Agenda Item 7 page 3 of 28 Map Key No. Request CUP (Car Wash) Approved 1 11/14/2023 CUP (Child Day Care) Approved 07/03/2012 2 CRZ From 131A to Conditional B-2 03/14/2000 3 CUP (Automobile Service Station) w/Convenience Store 03/07/2000 4 CRZ From R-10 and 0-1 to Conditional B-2 10/26/1999 5 CRZ From R-10 to Conditional B-2 01/26/1999 6 CUP (Housing for Seniors & Disabled) 06/23/1998 7 CRZ From B-2 to Conditional A-12 06/27/1995 8 CUP (Automobile Service Station) 05/24/1994 Application Types CRZ: NON: Nonconforming Use Conditional STC: Street Closure Rezoning FVR: Floodplain Variance MDC: ALT- Alternative Compliance Modification SVR: Subdivision Variance CUP: Conditional Use Permit of Conditions LUP: Land Use Plan REZ: Rezoning MDP: Modification of Proffers STR: Short Term Rental The proposal to conditionally rezone and redevelop the Cypress Point Shopping Center into a mixed -use development, in Staff's opinion, is acceptable. The shopping center falls within the Suburban Area, the guiding principles for which recognize this transformation as part of a maturing city, offering new types of land use and lifestyle choices. In describing what makes great neighborhoods, the Comprehensive Plan recognizes that residential and commercial land uses are dependent upon each other. Reinvestment and redevelopment in aging commercial centers is critical in assuring continued reinvestment and quality of the residential communities of which they are a part. Along with that, pedestrian and bicycle connections between residential areas and commercial development should be improved to provide comfortable alternatives to automobile travel. BH Cypress Point MF Development, LLC Agenda Item 7 page 4 of 28 The purpose of rezoning the property to B-4 is to redevelop a significant portion of the property with apartments and townhouses, totaling no more than 365 units. For a period of ten years, 7% of the multifamily units would be reserved as attainable residential units for households with an income equal to or less than 100% of area median income for the region. The apartment buildings would have a number of amenities within the building footprint, including a pool and clubhouse. The commercial development would be consolidated on the east side of the property, retaining approximately 20,700 feet of the existing strip center and constructing a new three-story 26,700 square foot commercial/office building. New exterior finishes, similar to those of the new buildings, will be installed on the existing building that is proposed to remain to provide a cohesive look to the development. In addition to the buildings, the applicant proposes improving pedestrian connections, including installing a sidewalk on Fallbrook Bend and stamped concrete walkways connecting the residential buildings to the sidewalks at the street and to the commercial side of the development. Per the recommendation of the Active Transportation Plan, the applicant explored widening the sidewalks along Diamond Springs Road and Wesleyan Drive, which, at approximately 8 feet in width, are on the narrower side of the City's "sidepath" definition which recommends a width 8 to 12 feet. Widening the sidewalks would require the removal of the mature trees currently bordering the right-of-way and providing shade to the sidewalk. Due to the environmental and aesthetic valued added by the mature trees, it is staff's opinion that retaining the mature trees while maintaining a sidewalk of approximately 8 feet in width is acceptable. Through the proffers, the applicant requests to increase the permitted lot coverage for buildings and parking to 80%, exceeding the 75% maximum established in the Zoning Ordinance. While additional green space would be preferred in the design of this site, the proposed concept plan reduces the amount of impervious surface by approximately 0.8 of an acre from what exists today and as such staff is amenable to the requested deviation. Information provided by the Virginia Beach City Public Schools Staff indicates that the anticipated number of students with the added residential development will be within an acceptable threshold for increases in student population. According to the applicant, stormwater requirements will be met by utilizing underground storage. Final design and details of the stormwater system will be completed during site plan submittal to ensure compliance with all applicable stormwater regulations. Overall, the proposed mixed -use development would breathe new life into a shopping center that has faced significant vacancies in recent years, including losing its anchor grocery store. The City of Virginia Beach is also in need of additional housing units, including attainable units. The attainable units will be interspersed with the market rate units and be maintained as attainable units for at least 10 years. In its design, the development remains suburban in nature while making pedestrian connections throughout the site, providing various amenities for the residential units, and connections to the surrounding streets and adjacent neighborhood park. Based on considerations described, Staff recommends approval of the rezoning application with the proffers listed below. BH Cypress Point MF Development, LLC Agenda Item 7 page 5 of 28 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 on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Development Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 01-03 of the exhibit entitled "Concept Elevations", dated February 28, 2025, and prepared by Housing Studio (the "Conceptual Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The quality of architectural design and materials of the commercial buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 04-05 of the Conceptual Elevation. Proffers Buildings on the Property that are located within one hundred feet (100') of residentially zoned adjacent parcel(s) will be permitted to be up to forty feet (40') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 6 The maximum lot coverage by buildings and parking on the Property, excluding recreational buildings and surfaces, will be eighty percent (80%) in lieu of the seventy-five percent (75%) otherwise permitted under Section 902(e)(7) of the Zoning Ordinance. BH Cypress Point MF Development, LLC Agenda Item 7 page 6 of 28 Proffer 7 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of three hundred sixty-five (365), of which, up to three -hundred forty-three (343) may be multifamily residential units. For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property, seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units". The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach -Norfolk -Newport News, VA -NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjust for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Proffer 8 Any new freestanding signs located on the Property (in addition to the two (2) existing freestanding signs) will be monument style, no larger than eight feet (8') in height, and will be constructed of materials compatible with those used for the buildings located on the Property. Proffer The following pedestrian connections located within the parking area/drive-aisles on the Property (substantially as shown on the Concept Plan) shall consist of at -grade colored or stamped concrete: (a)cross- walks between the multifamily residential buildings developed on the Property and the existing sidewalks located within the surrounding Wesleyan Drive, Diamond Springs Road, and Fallbrook Bend public rights -of - way, and (b)cross-walk between the commercial/office uses located on the Property and the easternmost multifamily residential building located on the Property. Proffer 10 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. BH Cypress Point MF Development, LLC Agenda Item 7 page 7 of 28 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. (p. 1-60) This includes supporting reinvestment in aging commercial centers, which serve and have an effect on the surrounding residential communities. As new development occurs in these commercial areas, enhancements should be made to accommodate more comfortable access for cyclists and pedestrians. (p. 1-63) The Reference Handbook of the Comprehensive Plan provides several recommendations relative to this development in the Suburban Area. Parking lots should be located behind buildings and that larger parking lots should be broken up to avoid a continuous "sea of parking". (p. B-6-7) The Handbook also guides developers to provide pedestrian access ways between residential and commercial development. (B-6) As is reasonable, existing trees and ground cover should be preserved and integrated into the site design, especially in highly visible areas. (p.B-7) 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 Wesleyan Drive 17,700 ADTI 32,700 ADT' (LOS4 "D") Existing Land Use 2-11,207 ADT Proposed Land Use 3- 4,661 ADT Diamond Springs Road 19,900 ADT' 32,700 ADT' (LOS4 "D") 1 Average Daily Trips 2As defined by a 118,600 SF Shopping Center, 17,800 SF Office Space, 3,600 SF Restaurant, 343 Multi -family Units, and 22 Townhouses 3As defined by a 29,600 SF Assisted Living Facility 4LOS = Level of Service BH Cypress Point MF Development, LLC Agenda Item 7 page 8 of 28 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Diamon Springs Road in the vicinity of this application is considered a four -lane divided minor urban arterial. The Master Transportation Plan calls for a bikeway to be added within 150 feet of Diamond Springs Road. No Capital Improvement Program projects are sladed for this area. Wesleyan Drive in the vicinity of this application is considered a four -lane divided minor suburban arterial facility and no improvements are proposed to Wesleyan Drive. No Capital Improvement Program projects are slated for this area. Active Transportation Plan The Active Transportation Plan recognizes Diamond Springs Road and Wesleyan Drive as having sidepaths, which range from eight feet (8') to twelve feet (12') Water The site currently connects to city water. There are several meters for the site that can be used or upgraded. One master domestic water meter will be required for the residential units and one master domestic water meter for the commercial units. Sewer The site currently connects to city sewer. Sewer analysis and pump station capacity for pump station #329 will be reviewed during the site plan submission process to determine if future flows can be accommodated. School Current Enrollment Capacity Generation 1 Change Z Luxford Elementary 470 students 472 students 43 students 43 students Bayside Middle 918 students 979 students 17 students 17 students Bayside High 1,902 students 2,039 students 21 students 21 students 1 "Generation" represents the number of students the development will add to the school. z "change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). BH Cypress Point MF Development, LLC Agenda Item 7 page 9 of 28 Planning Commission • The applicant's agent attests that the applicant met with the following organizations to discuss the potential development prior to submitting this application: o Cypress Point North o Virginia Beach NAACP o Virginia Beach Council of Civic Organizations o Lake Smith Terrace o Campus East Community Association o Haygood Point o Governor Square Civic League o Ridgely Manor Condo Association o Traditions at Cypress Point • 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 24, 2025 and July 1, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the City Council public hearing on June 23, 2025. • The City Clerk's Office posted the material's associated with the application on the City Council website of virginiabeach.gov/city-council on July 3, 2025. 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ROOF PRECAST STONE VINYE WINDOWS FPCK VENDER ARCHITECTURAL SHINGLES PVC PANEL PVC TRMJBRACKETS LAP SIDING VINYD VENEER SNAKE SIDING CONCEPT ELEVATIONS A-02 PRIMARY ELEVATION 28 FEBRUARY 2025 SHEET 02 W 70 N Ln O T7 0 ED D T(D v '('D O 00 Z5 -0 CD Q- 3 I-- v (D tr - :3 O M ' N 3 00 --I C) BOYD HOMES CY ` POINT - ` IRG N 'A BEACH. , A 91 B&d HOUSING if STUDIO 1gq11� "�I�If,Si ARCHITECTURAL S40,IGLES SHAKE MING PVC IRIM/BRACKETS LAP SIDING VINYL VENEER STANDING SEAM METAL ROOK LAP SIDING VINYL VENEER VINY,. WINDOWS BRICK VENEER CONCEPT ELEVATIONS A-03 TOWNHOME ELEVATION 78 FEBRUARY 2025 SHEET 03 CA n N 0 0 ED D FED v O ED o m N �' r 3 r 00 v n BOYD HOMES CYPRESS POINT - VIRGINIA BEACH. VA glwTUDIOFS PRIM/fWACKE75 PVC PANEL CONCEPT ELEVATIONS I A-04 OFFICE ELEVATION 28 FEWWARY 2025 SH FFF D 1 W n rD (N O r-f 0 fD D v o CID a- 3 I- m rD v ;:� =; o m ^' N r 00 -4 n BOYD HOMES CYPRESS POINT - VIRGINIA BEACH, VA 1 � M xnu`sixc HOMES sTuo,0 CONCEPT ELEVATIONS A-05 RETAIL ELEVATION 28 FDRUARY 2025 SHEET 05 BH Cypress Point MF Development, LLC Agenda Item 7 page 18 of 28 Site Photos Rl�--:� ,.. Rom-= ti5 'ry'i�'��r'"'fi�i•.,.. ` n,. gyp► :...�_-.�_...----...-�... �.. _ 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 ail 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 BH CYPRESS POINT MF DEVELOPMENT Is Applicant also the Owner of the subject property? YesQ 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: Robert P. Beaman, III, Esq. - Troutman Pepper Locke LLP Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes�F)NoC) If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent- subsidiary' or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) See attached fist. 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© NoQ 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 __ IName entit and or Individual Financing (mortgage, deeds of trust, © O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O Q -J Disclosure Statement I rev. May-2024 page 1 of 3 BH Cypress Point MF Development, LLC Agenda Item 7 page 20 of 28 SERVICE YES NO SERVICE PROVIDER J (Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape Architect/Land Planner O (D Housing Studio Construction Contractor _ Engineer/Surveyor/Agent C) AES Consulting Engineers Legal Services Q O Troutman Pepper Locke APPLICANT CERTIFICATION READ: i certify that al/ 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. BY CYPRESS POINT MF DEVELOPMENT LLC BY BOYD CORPORATION, ITS MANAGER BY�� V( S Applicant Name Print) Applicant Signature Date 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shores 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 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): 6/25/2025 Michael Hayes 7&���� 6/25/2025 Staff Name (Print) Staff Signatur Date Disclosure Statement I rev. M a y -2024 page 2 of 3 BH Cypress Point MF Development, LLC Agenda Item 7 page 21 of 28 Applicant BH Cypress Point MF Development, LLC, a Delaware limited liability company Manager: Boyd Corporation Member. Boyd Ioldings, LLC Affiliated Entities Boyd Holdings, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Joseph W. Boyd, Jr. Revocable Trust (Joseph W. Boyd, Jr. as Trustee) Boyd Corporation, a Virginia corporation Principals: Joseph W. Boyd, Jr., Chairman; Justin R. Boyd, President; Joseph W. Boyd, Ili, President; Kathryn P. Fitzpatrick, President; Frank B. Minschke, II, Sec/Treas/CFO; Christopher J. Villa, EVP/Asst. Sec/Asst. Treas; Eason A. Paris, VP Construction; Kenneth S. Mcmcr, VP Engineering Swift Creek Townhomes, LLC, a Delaware limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC Horizon Investment Co., LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC Point of Rocks Landing, LLC, a Virginia limited liability company Manager. Boyd Corporation Member: Boyd Holdings, LLC Newtown Square Associates, a Virginia limited liability company Manager. Boyd Corporation Member: Boyd Holdings, LLC Swift Creek Development, LLC, a Virginia limited liability company Manager. Boyd Corporation Member: Boyd Holdings, LLC BH Cypress Point MF Development, LLC Agenda Item 7 page 22 of 28 Rolling Ridge, LLC, a Virginia limited liability company Manager: Boyd Corporation Member. Boyd Holdings, LLC Ross Run, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC Barterbrook Investment Co., LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC Rivermont Development Co., LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC BH Marcclla at Gateway, LLC, a Delaware limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC Element at Stonebridge, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC Boyd Community Management, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC BH Camden Lakes Investmcnts, LLC, a North Carolina limited liability company Manager. Boyd Corporation Member. Boyd Holdings, LLC BRD Glenwood Development, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Boyd Holdings, LLC BH Cypress Point MF Development, LLC Agenda Item 7 page 23 of 28 Cypress Investment Spec, LLC, a Virginia limited liability company Manager: Justin R. Boyd and Joseph W. Boyd, III Member: BNH Investments, LLC BNH Investments, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Justin R. Boyd and Joseph W. Boyd, III Boyd New Homes, LLC, a Virginia limited liability company Manager: Boyd Corporation Member: Justin R. Boyd and Joscph W. Boyd, III BH Cypress Point MF Development, LLC Agenda Item 7 page 24 of 28 CITY OF VIRGINIA -f BEACH December 23, 2024 AES Consulting Engineers Attn: Mark Houston Ricketts, P.E., L.S. PLANNING & COMMUNITY DEVELOPMENT ZONING DIVISION planning.virginiabeach.gov 2403 Courthouse Drive, Building 3 Virginia Beach, VA 23456 Re: Parking Reduction Request for the Redevelopment of Cypress Point Shopping Center Mr. Ricketts, This letter is in response to your request for an administrative reduction to the parking requirement for the proposed redevelopment of the Cypress Point Shopping Center (GPIN: 14684534830000). Section 203(b)(10) of the City Zoning Ordinance allows the Zoning Administrator to determine the final parking ratio for a development upon review of a parking study. I have reviewed the submitted parking study, dated November 18, 2024, prepared by AES Consulting Engineers, and have approved the parking reduction. The submitted shared parking analysis is approved to allow for a total of 676 parking spaces for the proposed redevelopment. The redevelopment of the site includes 343 multi -family residential units, 22 townhome units, 20,700 square feet of commercial/retail to remain, 8,900 square feet of new commercial/retail, 17,800 square feet of office space, and a 3,600 square foot restaurant. The considerations used in my approval of the parking reduction are listed below. • Staff determined that the parking requirement, per Section 203 of the Zoning Ordinance, for the proposed redevelopment is 866 parking spaces. Details of this determination are listed below: ■ 613 parking spaces required for 343 multi -family dwelling units. This is calculated using two spaces per unit for the first 50 units, and 1.75 spaces per unit for the remaining units. ■ 44 parking spaces required for 22 townhomes. This is calculated using two spaces per dwelling unit. ■ 119 parking spaces required for the commercial/retail (existing and new). This is calculated using one space per 250 square feet. ■ 54 parking spaces required for the office space. This is calculated using one space per 330 square feet. ■ 36 parking spaces required for the restaurant. This is calculated using one space per 100 square feet. BH Cypress Point MF Development, LLC Agenda Item 7 page 25 of 28 • The parking study proposes 676 parking spaces, which is a 22 percent reduction in total parking. Review of the ITE Parking Demand tables included in the parking study shows that the peak usage of the parking area is staggered between the proposed uses. Please see the following table showing the maximum and minimum demands and the time of day they occur. Use Maximum demands Time of max demands Minimum demands Time of min demands Multi -family 435 7:00 a.m. 300 1-2:00 p.m. 429 7:00 p.m. Townhomes 31 7:00 a.m. 22 12-3:00 p.m. 31 7:00 p.m. Commercial 119 1:00 p.m. 0 7:00 a.m. 18 8:00 a.m. Office 51 10-11:00 a.m. 1 7:00 a.m. Restaurant 36 12:00 p.m. 1 7.00 a.m. Total 672 spaces 342 spaces If the peak usage for each proposed use occurred simultaneously, the ITE parking demand for the site would be 672 spaces. The proposed 676 spaces satisfy this parking demand. The table below shows the maximum demand for the proposed development at the times of the day where the highest demand is anticipated, per the ITE Parking Generation Manual. Time of day Multi -family Townhomes Commercial Office Restaurant Total 7-8:00 a.m. 435 31 18 24 2 510 12-1:00 p.m. 307 22 119 43 36 527 6-7:00 p.m. 429 31 102 10 28 600 Upon review of the parking demand during those peak hours, the 676 parking spaces provided will satisfy the maximum parking demand. BH Cypress Point MF Development, LLC Agenda Item 7 page 26 of 28 • The proposed layout of the site functions well with the proposed shared parking between uses. See details below. o The commercial and office uses are located in the eastern portion of the site. There are 122 spaces in that area that will predominately, if not entirely, be used for those uses. There are 76 spaces located directly to the west of the commercial and office uses that are easily accessible to those areas. These 198 spaces accommodate the maximum demand for these uses at any one point during the day. o There are 478 spaces on the rest of the site that will predominately be available/used by the residential uses. These will accommodate the maximum demand for the residential uses at any one time of the day. The submitted parking study detailing a shared parking analysis has been approved based on the identified areas dedicated to multi -family, townhome, commercial/retail, restaurant, and office uses. If the area dedicated to each use or the number of residential units changes from the submitted study, the Zoning Administrator must review the new plan/numbers to determine if they are in substantial compliance with this approved parking study. Based on the information provided in the submitted parking study, the redevelopment of the Cypress Point Shopping Center is approved to reduce the total parking to 676 spaces. If I can be of further assistance, please contact me at (757) 385-8548 or by email at kpkemp@vbgov.com. Sincerely, *01 Kevin Kemp Zoning Administrator, City of Virginia Beach Cc: Victoria Eisenberg, Deputy City Attorney BH Cypress Point MF Development, LLC Agenda Item 7 page 27 of 28 • 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. BH Cypress Point MF Development, LLC Agenda Item 7 page 28 of 28 BH CYPRESS POINT MF DEVELOPMENT, LLC, a Virginia 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 281 day of February, 2025, by and between BH CYPRESS POINT MF DEVELOPMENT, LLC, a Virginia limited liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of those certain parcels located at (1) 928 Diamond Springs Road, Virginia Beach, Virginia, identified by GPIN Number 1468-45-3483- 0000; and (2) 1025 Heatherwood Drive, Virginia Beach, Virginia, identified by GPIN Number 1468-55-2330-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (collectively, the "Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional B-4; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed -use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN Nos.: 1468-45-3483-0000 1468-55-2330-0000 Document Prepared By: Robert P. Beaman III, Esq. (VSB No. 74668) Troutman Pepper Locke LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive 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 Grantor, 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 Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Development Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. K 2. When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 3. The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 01-03 of the exhibit entitled "Concept Elevations", dated February 28, 2025, and prepared by Housing Studio (the "Conceptual Elevation"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. 4. The quality of architectural design and materials of the commercial buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 04-05 of the Conceptual Elevation. 5. Buildings on the Property that are located within one hundred feet (100') of residentially zoned adjacent parcel(s) will be permitted to be up to forty (40') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. 6. The maximum lot coverage by buildings and parking on the Property, excluding recreational buildings and surfaces, will be eighty percent (80%) in lieu of the seventy-five percent (75%) otherwise permitted under Section 902(e)(7) of the Zoning Ordinance. 7. The number of residential units located on the Property, when developed, shall not exceed a total of three hundred sixty-five (365), of which, up to three -hundred forty-three (343) may be multifamily residential units. For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property, seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach -Norfolk -Newport News, VA -NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. 8. Any new freestanding signs located on the Property (in addition to the two (2) existing freestanding signs) will be monument style, no larger than eight feet (8') in height, and will be constructed of materials compatible with those used for the buildings located on the Property. 9. The following pedestrian connections located within the parking area/drive-aisles on the Property (substantially as shown on the Concept Plan) shall consist of at -grade colored or stamped concrete: (a) cross -walks between the multifamily residential buildings developed on the Property and the existing sidewalks located within the surrounding Wesleyan Drive, Diamond Springs Road, and Fallbrook Bend public rights -of -way, and (b) cross -walk between the commercial/office uses located on the Property and the easternmost multifamily residential building located on the Property. 10. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BH CYPRESS POINT MF DEVELOPMENT, LLC, a Virginia limited liability company BY: BOYD CORPORATION, its Manager By: -::: __�7z Name: Its: COMMONWEALTH OF CITY/C4)bff� OF 0 of l Pic-- , to -wit: 113 The foregoing instrument was sworn to and acknowledged before me this 0'day of 2025, by 95v-l\`� , in his/her capacity as of Boyd Corporation, Manager of BH Cypress Point MF Development, LLC, a Virginia limited liability company. He/She is either personally known to me or has produced evidence of identification. Witness my hand and official stamp or seal this day of '�-'t Ab , 2025. Notary Pub (SEAL) My Commission Expires: 120 � ,= � .• ,I,O •. �� Registration Number:aJs��� :0 • i Fvta EXHIBIT A Legal Description of Property Parcel I: GPIN 1468-45-3483-0000 (928 Diamond Springs Road): ALL THAT CERTAIN PARCEL OF LAND LOCATED IN THE BAYSIDE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA AND KNOWN AS PARCEL D-1 AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF PARCEL D, SUBDIVISION OF CYPRESS POINT NORTH (D.B. 2734, P. 606- 614), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE: 1" = 60'," DATED OCTOBER, 1988, REVISED JANUARY 24, 1989, PREPARED BY JOHN E. SIRINE AND ASSOCIATES, LTD. AND RECORDED IN MAP BOOK 192, AT PAGE 31 AND 32 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A X-MARK IN THE EASTERLY RIGHT OF WAY LINE OF DIAMOND SPRINGS ROAD AT ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF FALLBROOK BEND; THENCE WITH THE SOUTHERLY RIGHT OF WAY LINE OF FALLBROOK BEND THE FOLLOWING 4 COURSES AND DISTANCES: THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 20.0. A LENGTH OF 31.42' AND A CHORD BEARING AND DISTANCE OF N47041'29"E 28.35' TO A DRILL HOLE FOUND; THENCE S87018'46"E 186.65' TO A DRILL HOLE FOUND; THENCE N75°04'49"E 33.10' TO A DRILL HOLE FOUND; THENCE S87018'11"E 280.05' TO AN IRON ROD FOUND; THENCE LEAVING FALLBROOK BEND S02041'34"W 257.70' TO AN IRON ROD FOUND; THENCE S74031'50"E 586.89' TO AN IRON ROD FOUND; THENCE S I5°26'49"W 357.05' TO A MAG NAIL FOUND; THENCE N74°33'11 "W 190.05' TO A MAG NAIL FOUND; THENCE S15°27'09"W 161.41' TO A DRILL HOLE FOUND IN THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE; THENCE WITH THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE N85040'34"W 51.01' TO A DRILL HOLE FOUND IN SAID NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE; THENCE N15026'49"E 171.17' TO A MAG NAIL FOUND; THENCE N74033'12"W 195.03' TO A MAG NAIL FOUND; THENCE S 15°26'49"W 163.63' TO AN IRON ROD FOUND IN THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE; THENCE WITH THE NORTHERLY RIGHT OF WAY LINE OF WESLEYAN DRIVE THE FOLLOWING 3 COURSES AND DISTANCES: WITH A CURVE TO THE LEFT HAVING A RADIUS OF 273.50', A LENGTH OF 3.36' AND A CHORD BEARING AND DISTANCE OF N63025'1 I "W 3.36' TO AN IRON ROD FOUND; THENCE CONTINUING WITH A CURVE TO THE LEFT HAVING A RADIUS OF 326.50' AND A LENGTH OF 65.41' AND A CHORD BEARING AND DISTANCE OF N68048'11"W 65.35' TO AN IRON ROD FOUND; THENCE N74033'1 I "W 220.32' TO AN IRON ROD FOUND; THENCE N77°03'11 "W 57.25' TO AN IRON ROD FOUND; THENCE LEAVING WESLEYAN DRIVE NO2°41'29"E 210.50' TO AN IRON ROD FOUND; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 10.00', A LENGTH OF 15.7P AND A CHORD BEARING AND DISTANCE OF N42018'1I"W 14.2P TO AN IRON ROD FOUND; THENCE N87°18'11"W 216.95' TO AN IRON ROD FOUND IN THE EASTERLY RIGHT OF WAY LINE OF DIAMOND SPRINGS ROAD: THENCE WITH THE EASTERLY RIGHT OF WAY LINE OF DIAMOND SPRINGS ROAD THE FOLLOWING 4 COURSES AND DISTANCES: NO2°41'29"E 187.69' TO AN IRON ROD FOUND; THENCE WITH 2 A CURVE TO THE RIGHT HAVING A RADIUS OF 471.75', A LENGTH OF 75.32' AND A CHORD BEARING AND DISTANCE OF N0701549"E 75.26', THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 471.75', A LENGTH OF 75.32' AND A CHORD BEARING AND DISTANCE OF N07015'49"E 75.26' TO AN IRON ROD FOUND; THENCE NO2°41'34"E 130.05' TO THE POINT OF BEGINNING. TOGETHER WITH THE PERPETUAL NON-EXCLUSIVE RIGHT (AS DEFINED BY INSTRUMENT RECORDED IN DEED BOOK 2758, PAGE 1808) TO USE THE "COMMON AREAS" ON PARCEL E OF CYPRESS POINT NORTH SUBDIVISION (DEED BOOK 2734, PAGE 606 ET SEQ), AS SUCH COMMON AREAS EXIST FROM TIME TO TIME, FOR ACCESS, INGRESS AND EGRESS, INCLUDING THE PASSAGE OF VEHICULAR AND PEDESTRIAN TRAFFIC, AND FOR THE OTHER PURPOSES FOR WHICH SUCH COMMON AREAS ARE INTENDED (OTHER THAN PARKING). TOGETHER WITH THE NON-EXCLUSIVE RIGHT, PRIVILEGE AND EASEMENT TO USE THE "COMMON AREAS" (AS DEFINED BY INSTRUMENT RECORDED IN DEED BOOK 2780, PAGE 506, AS AMENDED BY INSTRUMENT RECORDED IN DEED BOOK 2840, PAGE 1456, DEED BOOK 3444, PAGE 1683, AND INSTRUMENT NUMBER 20131212001427290), ON PARCEL F, G-1, H-1 AND K (PER SUBDIVISION RECORDED IN DEED BOOK 2734, PAGE 606 ET SEQ AS AMENDED BY SUBDIVISION IN MAP BOOK 190, PAGE 92, AND MAP BOOK 192, PAGES 31 AND 32, AND FURTHER AMENDED BY MAP BOOK 251, PAGES 85 AND 86) AS SAME EXISTS FROM TIME TO TIME ON SUCH PARCELS, FOR ACCESS, INGRESS AND EGRESS, INCLUDING THE PASSAGE OF VEHICULAR AND PEDESTRIAN TRAFFIC, AND FOR THE OTHER PURPOSES FOR WHICH SUCH COMMON AREAS ARE INTENDED. Parcel II: GPIN 1468-55-2330-0000 (1025 Heatherwood Drive): ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS THEREON, AND THE APPURTENANCES THEREUNTO BELONGING, LYING, SITUATE AND BEING THE CITY OF VIRGINIA BEACH, VIRGINIA AND BEING KNOWN NUMBERED AND DESIGNATED AS PARCEL A, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "SUBDIVISION OF PARCEL G-1 AND PARCEL H-1, CYPRESS POINT NORTH FEBRUARY 28, 1996, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 251, AT PAGE 85, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. 7 Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #07 BH Cypress Point MF Development, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Yes. Next item please. Clerk: Agenda item 7, BH Cypress Point MF Development, LLC. Mr. Beaman: Hello again, Madam Chair and Mr. Vice -chair, members of the commission. Again for the record, my name is Rob Beaman, local land use attorney at the Troutman Pepper Law Firm, here today on behalf of the applicant, BH Cypress Point MF Development LLC, which is an affiliate of Boyd Homes, based here in Virginia Beach. I'm joined this afternoon by a couple of principles of Boyd Homes, including Justin Boyd and Chris Bullock. This application involves the Cypress Point Shopping Center, which has been impacted by significant vacancy, particularly with respect to its anchor tenant, a former grocery store. The applicant proposes to redevelop the center with a true mixed -use project, which would include a number of uses including commercial, retail, office, restaurant, town home and multifamily, a residential as well. The eastern portion of the existing center would be left in place and completely refurbished and reskinned, and there would be one additional commercial building added to that part of the site. The western portion of the shopping center would be demolished and would be redeveloped for residential uses. There are a couple of key aspects of the site design that I wanted to call your attention to. First, the applicant has done in my opinion, a great job in saving existing mature vegetation throughout the site including a large hedge row on the back end of the site, providing buffering for the residential nearby, and also along both surrounding rights of way Diamond Springs and Wesley. There are really tall canopy trees that are going to be left in place as part of this application. Additionally, the applicant has worked with the planning department to identify opportunities for additional pedestrian connectivity, both internal to the site and external as well. Those include a new sidewalk that we're proposing to construct along Fallbrook Bend kind of on the side of the site, stamped, colored concrete connections internally to the site, connecting the various uses, but also connecting the uses on the site to the surrounding rights -of -way, and then multiple connections to a public park, which is just to the rear of the site. Additionally, the height and intensity of the uses on the site has been designed to step down as the development approaches the residential in the back. It starts at its highest and most intense up near the commercial intersection of Diamond Strings in Wesleyan and slowly works down towards the residential in the rear. It's also important to note the applicant has proffered an affordability component to this development, 7% of the units, which is 24 units, would be reserved for folks earning no more than a 100% of area of medium income for a period of 10 years. Finally, I did want to note that the applicant has conducted extensive public outreach in connection with this application. Probably as much as I've seen an applicant do. My client has met with at least 10 civic groups and civic leagues as part of this application, many of them multiple times, and has had a number of conversations with individuals throughout the time. We actually started public outreach in the October -September timeframe of last year. So this project would involve the redevelopment of an aging and largely vacant commercial center with a use that would still provide neighborhood level services and commercial uses but would also provide needed housing in the city with an affordability component. With that, we certainly thank you for your consideration. We'll stand by for questions. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Mr. Beaman, can you explain what the area medium income is? Mr. Beaman: Sure. That is sort of the average income in the Hampton Roads area. For example, for a single person it's about $70,000 and I believe a family affords about a $100,000. Mr. Plumlee: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: Thank you for the presentation. If I understand this correctly, the specialized housing allowance for the 10 years is different. It's outside of the city's workforce housing formal program. Mr. Beaman: Yes, sir. That's correct. We don't need the density bonus that the workforce housing program provides, but we wanted to do something that sort of replicates that program to some extent. Mr. Camp: So, in this particular application, as some of my colleagues have noted, there are a couple of exceptions, but they're quite modest to the requirements that we would normally analyze this type of multifamily project under. Would either you or your client like to tell us why you are making this gesture on the specialized housing below market when you don't have to? Mr. Beaman: No, I appreciate the question. I think we realize and understand that that's a critical need within the city and in formulating this project, that was something that the client thought was important to include. Mr. Camp: Thank you. I'll just use this opportunity to thank you and the client for particularly with regard to the active transportation components that you mentioned. Yes, the standard would be wider sidewalks there, but the preservation of the tree canopy is important. We are often looking at projects where someone wants to diminish the requirement for walkways, bikeways, those types of things for private benefit. In this case, the applicant is looking at that diminishment for public benefit to keep trees that shade the walkway that benefit the public at -large, and I commend them for doing that. Thank you. Mr. Beaman: It's sort of the best of both worlds in that regard. The sidewalks are already wider than usual, 9 feet on Diamond Springs and 10 feet on Wesleyan. So, we sort of get the best of both worlds, wide sidewalks, and we get to keep the existing mature vegetation. Thank you for that. Ms. Cuellar: Commissioner Hippen? Ms. Hippen: I would like to make a motion to approve this project. This is where we need to put the denser housing. I think, this project has done an outstanding job of doing a lot of the things that we're looking at, maintaining the canopy, lowering the asphalt in the area. We're taking a defunct strip or shopping center area and we're putting not just homes there, but we're also putting some retail there to support that. I especially like the affordable, attainable portion of that. I think this is just a win -win situation. Ms. Cuellar: Commissioner Hippen, thank you so much for your motion. We do have one speaker, so if we could just pause for a moment. I know you're just getting ahead of yourself. You're excited. If we could just pause for a moment and then we'll continue. Clerk: We are now up to two speakers. Our first speaker in support is going to be Andy DeRosa followed by our speaker on Webex in opposition. Ms. Cuellar: Welcome. Hi. If you could please state your name for the record. Mr. DeRosa: My name is Andy DeRosa. I'm the president of the North Shore Ridgely Manor, #2 HOA. With me is, Leslie Edmondson, who's the president of the Ridgely Manor and the Belle Meade Condominium HOA. So we are generally very supportive of this this project. Justin Boyd has spoken with us and given us very detailed plans, and we really appreciate that. So, we're generally supportive. We would ask that the commission work with Boyd and work with the surrounding communities to where we can make sure that we're doing this the best way that we can. It's a good project. It's taking, as Ms. Hippen said, a kind of a decaying dilapidated shopping area and turning it into something good. I would note that the application and as you've seen calls for 190 less parking spaces than the zoning essentially would normally call for. We're in total support of that. We don't want to see more asphalt or more parking spaces, but we would like to encourage the commission and Boyd to perhaps consider limiting the twin towers. There are two twin towers that will house 345 units, perhaps, in keeping with the reduced parking footprint. Perhaps limit the number of units as well. Again, we'd like to kind of encourage the commission to keep in mind. We're talking about units. So, there's 345 in the Twin Towers, 365 altogether. These also translate into people into cars. So we're talking about, you know, 500 to maybe 700 additional people in an area that is not zoned for residential now. These are going to be new people coming into the area and new cars. So, whatever we can do to possibly limit the number of units in the tower, we would be very supportive of. We're also very supportive of maintaining the 9 and 10 feet sidewalks, maintaining the tree canopy. We'd like to encourage where we can, where the commission can, we have some examples of places that work well and some places that don't particularly work all that well. One example of what we'd like to kind of stay away from is the kind of the institutional look that is currently in the Nexus Apartments on off of Newtown Road. Kind of looks institutional, a lot of black asphalt space. We'd like to kind of avoid that. Projects that do look, kind of look good and look kind of what we would like to see is Hawkin Mills with a lot of landscaping around the perimeter, the borderline, and Coastal 61, which is consistent with the, the city's own handbook where the building is actually what you see rather than the parking. So we understand Boyd has their own kind of plan in place, and it does kind of reflect much of the handbook. But where we can, we'd like to work with the commission and work with Boyd to maximize kind of emphasizing the buildings and deemphasizing the parking. Again, we're very much in favor of additional landscaping. That's in addition to what's already there. So, thank you. Appreciate your time. Ms. Cuellar: Okay. Just pause for a moment in case the Commissioners have a question. Any question for the speaker? Commissioner Plumlee? Mr. Plumlee: So, you are requesting that we reduce the number of units in the towers. Is that fair? Mr. DeRosa: Yes. Mr. Plumlee: Was there a recommendation? Was there a number? Mr. DeRosa: Yes. If we could, and I know, and I certainly don't want to negatively impact Boyd's financial perspectives here, but, the current plan calls for essentially four stories, two -twin four- story towers with some five -story elements. If you limit that to those two twin towers to three stories that would more consistent with the surrounding areas. I think Coastal 61 is four stories without a fifth story. But if you limit it to three stories, that would reduce the overall number of units in the towers from 345 to slightly over 200. Again, they've already reduced the number of parking spaces that would ordinarily be called for in the zoning. If we could reduce the number of units, again, those 600 to 750 additional people would be slightly reduced in the, in those, you know, 300, 400, 500 more cars would be slightly reduced to. So, you know, we understand the developer has to make money, but that's something we'd like to kind of suggest that you consider. Ms. Cuellar: Thank you very much. Any other questions? Thanks for coming out today. Clerk: Our next and final speaker is Mr. Jerry Stoudt on Webex in opposition. Ms. Cuellar: Welcome, Mr. Stoudt. Mr. Stoudt: Thank you. My name is Jerry Stoudt. Good afternoon Commissioners. Thank you very much for allowing Virginia Beach residents to participate in important decision making that affects their neighborhoods. I want to share the one item that if not properly addressed, is the basis of my opposition. That unacceptable item is the existing shopping center cinder block wall on the east side of the property line. Can you hear me? Ms. Cuellar: Yes, sir. We can hear you. Mr. Stout: Okay. The screen said, unmute me, I'm sorry. You heard from the applicant that that wall is to remain. That wall is located directly on the property line only a few feet away from the 26 Cypress Point homes. It has zero setback. The unsightly not maintained wall distracts from all of our affected homes, both aesthetically, and it also lowers our property value. If the Planning Commissioners decide to allow the existing zero setback wall to remain as this project proposes, the only way I could change my opposed stance is if the applicant corrects the existing unacceptable wall permanently. The fact that one picture is worth a thousand words is the reason. Yesterday, I emailed you just a few pictures of the wall in its current state of disrepair. I hope you got them. If you'd look at them. Please note that the shrubs shown in those pictures right up against the wall are just 3 feet from our patios and only 25 feet from our hole. I want to go on the record stating that the follow corrective actions are required to repair those deficiencies that you see in the pictures. It would require the removal of all the exposed, abandoned, cut, and just wires hanging loose as the pictures indicate the original paint is peeling, loose flaking, and mildew. Please remember, these ugly conditions are just a few feet away from our homes. The extensive paint repairs required are complete proper surface preparation, followed by proper priming, a minimum of two coats of quality finish paint containing anti -mildew properties. And finally, after all the above repairs are finished a complete area cleanup should be done. After all those repairs are satisfactorily accomplished, the applicant would be required to maintain those repairs in the future. Unless anyone has any question, that concludes my explanation for my opposition stance. Thank you for your time and care for consideration in this very important matter to us. Ms. Cuellar: Thank you, sir. Just hold for one moment, should there be any questions? Any questions for our speaker? Mr. Plumlee: I'd like to ask the applicant if he would take care of those things so he can hear it. Ms. Cuellar: Well, now we'll have, Mr. Beaman come back and rebut. Mr. Beaman: Yes, sir. Thank you, Mr. Alcaraz. I think Mr. Stoudt's concerns illustrate why this project is so necessary. This is an aging center that is in need of refurbishment very, very badly, and that is exactly what this development would propose. We have proffered in addition to the residential elevation, a commercial elevation which dresses up and completely rehabilitates the outside and the exterior of the commercial building that will remain in place. So, Mr. Stout's concerns will be addressed as part of this and that is included in the proffer. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: Mr. Beaman, the speaker for the local or the nearby residence had to brought up the height of the towers. Can you address that? Mr. Beaman: Sure. The two apartment buildings would be four stories for the majority of their elevation, stepping up to five stories for the corner up against the commercial intersection, Wesleyan and Diamond Springs. That's the proposal. Mr. Plumlee: Is there any, has there been consideration made to reducing the height? What effect that would have on your ability to do this? Mr. Beaman: We have reduced the height to the extent we can. That's why the majority of the elevation is down at four stories now instead of five. The density that's proposed is necessary to support the affordability component, but as some had mentioned, it's also, this is a good place for high density development in a shopping center where all the infrastructure's already in place. It's already a commercial center. I believe the new 2040 plan identifies rehabilitation of shopping centers and redevelopment of shopping centers as a place for higher density projects. Mr. Plumlee: I understand the technical components of what you've just said, but I just put it plainly. In order to afford this significant redevelopment of this aging structure and to accommodate this lower than market housing availability, this is an affordability issue. That is why those units are required. Is that fair? Mr. Beaman: Yes, sir. Mr. Plumlee: Okay. Thank you. Ms. Cuellar: Commissioner Hippen? Ms. Hippen: I do have one question for you. When you stated the median incomes, I thought it was a bit high. I'm not sure where you got your figures from, but Google says one person median income in 2024 for Virginia Beach is $47,700, and for a family of four is $90,100. Where did your figures come from? Mr. Beaman: My figure, they're actually published by HUD every year, and my figures were printed off of the city's website. City's Department of Community Development or Neighborhood Preservation, I'm sorry, has the figures posted on the website. That's where I printed those off of. Ms. Hippen: Okay. Thank you. Ms. Cuellar: Thank you. Commissioner Byler? Clerk: Mr. Beaman, you indicated that your client is here. I wonder if your client would be willing to come up and to address the concerns from the call -in resident? Mr. Beaman: Just to clarify, Mr. Stoudt, call in. Concerns about the attractiveness -- Mr. Boyd: Good day. My name is Justin Boyd with Boyd Homes. Ms. Byler: Hi, Mr. Boyd. Thank you for being here today and thank you for this ambitious application that you've heard a lot of us are very excited about. So, the call -in opposition indicated that there's a concrete wall that is deteriorated generally when retail or a different zoning abuts residential, a screening hedge is required to keep beautification so that neighbors don't have these concerns, but apparently that wasn't required this time. What is your plan for that wall moving forward? Mr. Boyd: That would be definitely addressed during the construction process of the commercial area over there. The way the wall was placed, initially, I guess, it's on the lot line, so we would need to coordinate access with those homeowners. Accessibility I believe has been the issue with it not being addressed up to this point. We would most certainly be addressed. Ms. Byler: Okay. Thank you. Ms. Cuellar: Any other questions? At this time, we'll open up for a discussion and a motion. Ms. Hippen: I would like to make a motion to approve this project for the reasons that I stated earlier. Mr. Plumlee: Second. Ms. Cuellar: So, we have motion on the floor by Commissioner Hippen to approve and a seconded by Commissioner Plumlee. Further discussion. Commissioner Mauch? Mr. Mauch: Yeah, I just wanted to address one thing that was asked, and I believe it came to parking, and our traffic impact study that was given to us or the traffic counts. I believe that this proposed use will generate less traffic than if it's a business use. I just wanted to, to bring that up. I know that that was a concern. It may not generate less than what it currently uses, but as if it were a business use in full capacity, I think is where they get the numbers from. So these are the numbers that they give us that we get to kind of go by, but I just, I wanted to make sure that that was addressed before, and I apologize. Didn't get your name. I would've, I would've usually written it down, but I didn't, so. Ms. Cuellar: Commissioner Camp? Mr. Camp: Yes. Thank you. I'd like to follow-up. I do try to be consistent, and one of the prior applications, I went on quite a bit about the parking study and you brought it up, sir. So, what I would like to say about it, I studied this one also. The difference that I saw here is that unlike the prior one, which was a residential complex where we have a certain pattern of people being home or going off to work and school typically during weekdays and so on, what we see in the development before us here in this application is a mix of uses. There are residences that will behave that way. There are commercial businesses, some of which are daytime uses. The restaurant might lend over to other times, this was a much more difficult parking problem to look at and figure out who might be where when. I commend the Zoning Administrator in this case for trying to account for all of the pieces here in a way that if you just took the number of people who live there and say, that doesn't seem like enough spaces, I understood what he was doing, and at least to me, it was credible. I say that to you as a person who was just as critical of the last one, where I didn't think it was credible at all. Ms. Cuellar: Thank you, Commissioner. Commissioner Plumlee? Mr. Plumlee: Yeah. In addressing this, I just want to thank Boyd for bringing this project. Redevelopment is extremely expensive and difficult to outline and design. You didn't control the out parcels. You still went ahead with the very difficult layout. I think it will be successful in this location. I applaud the reduction in parking. I think we way over permit or require parking in the city and therefore we have a lot more available parking than we do places for people to live. And finding that the parking is suitable, I think it meets with both the outlook and the location here as Mr. Camp pointed out. Anyway, I just wanted to applaud you for putting this forward. Thank you. Ms. Cuellar: Alright. We have a motion on the floor. Clerk: The vote is open. By recorded vote of 9 to 0, item number 7, BH Cypress Point MF Development, LLC has been recommended for approval. 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 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Development Plan Cypress Point Virginia Beach, Virginia", dated February 27, 2025, and prepared by AES Consulting Engineers (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan Cypress Point Virginia Beach, Virginia", dated February 27, 202S, and prepared by AES Consulting Engineers (the "Conceptual Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 01-03 of the exhibit entitled "Concept Elevations", dated February 28, 2025, and prepared by Housing Studio (the "Conceptual Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The quality of architectural design and materials of the commercial buildings constructed on the Property, when developed, shall be in substantial conformity with sheets 04-05 of the Conceptual Elevation. Proffer Buildings on the Property that are located within one hundred feet (100') of residentially zoned adjacent parcel(s) will be permitted to be up to forty feet (40') in height, in lieu of the thirty-five feet (35') otherwise permitted under Section 904(b) of the Zoning Ordinance. Proffer 6 The maximum lot coverage by buildings and parking on the Property, excluding recreational buildings and surfaces, will be eighty percent (80%) in lieu of the seventy-five percent (75%) otherwise permitted under Section 902(e)(7) of the Zoning Ordinance. Proffer 7 The number of residential units located on the Property, when developed, shall not exceed a total of three hundred sixty-five (365), of which, up to three -hundred forty-three (343) may be multifamily residential units. For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property, seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units". The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach -Norfolk -Newport News, VA -NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjust for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Proffer 8 Any new freestanding signs located on the Property (in addition to the two (2) existing freestanding signs) will be monument style, no larger than eight feet (8') in height, and will be constructed of materials compatible with those used for the buildings located on the Property. ' • i The following pedestrian connections located within the parking area/drive-aisles on the Property (substantially as shown on the Concept Plan) shall consist of at -grade colored or stamped concrete: (a)cross-walks between the multifamily residential buildings developed on the Property and the existing sidewalks located within the surrounding Wesleyan Drive, Diamond Springs Road, and Fallbrook Bend public rights -of -way, and (b)cross-walk between the commercial/office uses located on the Property and the easternmost multifamily residential building located on the Property. Proffer 10 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. R1U ��`�v5 � 00, R15 fl O 0 ® Site Property Polygons Zoning Building Amanda Matthews 4013 Indian River Road Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMANDA MATTHEWS [Applicant] VILLAGE CHURCH [Property Owner] Conditional Use Permit (Child Care Education Center) for the property located at 4013 Indian River Road (GPIN 1474623633). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 8, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within an existing religious facility. The applicant is a member of the church and intends to lease two classrooms within the building. The Child Care Education Center will operate as a separate use, independent from church activities. Proposed hours of operation will be from 6:00 a.m. to 6:00 p.m. Monday through Friday. Drop-off will be from 6:00 a.m. to 9:00 a.m. and pick-up will be from 4:00 p.m. to 6:00 p.m. No exterior modifications are proposed to the existing building. A 15 x 50 square foot cleared area to the side of the building will be converted into an outdoor play area. ■ Considerations: This property falls within the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which this use is considered. The proposed hours of operation will not impact any of the church's services or surrounding residences. 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 June 11, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. The hours of operation for the Child Care Education Center shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days or termination or expiration. Amanda Matthews Page 2 of 2 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 4. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. ■ 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: %� Project Details Request Conditional Use Permit (Child Care Education Center) Staff Recommendation Approval Staff Planner Alexis Bailey Location 4013 Indian River Road GPIN 1474623633 Site Size 8.15 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Church / R-15 Residential Surrounding Land Uses and Zoning Districts North Indian River Road Single-family dwellings / R-15 Residential South Wooded lot / R-15 Residential East Single-family dwellings / R-15 Residential West Single-family dwellings / R-10 Residential z Amanda Matthews Agenda Item 8 page 1 of 13 • The applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within an existing religious facility on a R-15 Residential zoned parcel. • The applicant proposes to have no more than eighteen (18) children with the expected ages to be served from six (6) weeks to four (4) years old. The Building Official, Fire Marshal, and the Department of Education will determine the maximum occupancy for the Child Care Education Center. • The proposed hours of operation will be from 6:00 a.m. to 6:00 p.m., Monday through Friday. Drop-off will be from 6:00 a.m. to 9:00 a.m. and pick-up will be from 4:00 p.m. to 6:00 p.m. • There will be a total of three (3) employees. • No exterior modifications are proposed to the existing building. The applicant proposes to use a cleared 15x50 foot area on the side of building to create an outdoor play area. • Per Section 203 of Zoning Ordinance, a Child Care Education Center requires one parking space per 300 square feet of floor area. The 12,000 square foot building requires forty (40) parking spaces, and the site is served by sixty-four (64) parking spaces Amanda Matthews Agenda Item 8 page 2 of 13 # Request MDC Approved 02/18/2020 MDC Approved 12/06/2011 1 MDC Approved 09/27/2005 CUP (Church) Approved 09/23/2003 CRZ (R-15 to Conditional R-10) Approved 2 05/27/2008 3 CUP (Open Space Promotion) Approved 12/12/1988 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 The request for a Conditional Use Permit for a Child Care Education Center is, in Staff's opinion, acceptable. This property is located in the Suburban Area a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses which this Child Care Education Center is considered. The Child Care Education Center will be located within the existing church building. The proposed hours of operation will be 6:00 a.m. to 6:00 p.m. Monday through Friday as to not impact any of the church's services or surrounding residences. Staff does not foresee any adverse impacts to the surrounding properties as a result of the proposed use, and for this reason and those stated above, Staff recommends approval of this application, subject to the conditions listed below. Amanda Matthews Agenda Item 8 page 3 of 13 1. The hours of operation for the Child Care Education Center shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. [strikethrough] [end strikethrough] Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days or termination or expiration. 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 4. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. 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 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) "Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities." (p. B-7, 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. Amanda Matthews Agenda Item 8 page 4 of 13 Traffic counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-93 VPD Indian River Road 7,9400 ADTI 12,500 ADT 1(LOS 4 "D") Proposed Land Use 3-167 VPD 1 Average Daily Trips 'As defined by a 'LOS = Level of 2As defined by an 12,200 SF Church and Service 12,200 SF Church 18 Student Day Care Center Master Transportation Plan (MTP) and Capital Improvement Program (C/P) Indian River Road, in the vicinity of this application, is considered a two-lane undivided minor arterial suburban roadway. It is not included in the MTP. Active Transportation Plan The Active Transportation Plan calls for a shared -use path along Indian River Road. Water The site currently connects to city water. There is an existing 10-inch city water main along Indian River Road. Sewer The site currently connects to city sewer. There is an existing 10-inch city sanitary sewer main along Indian River Road. 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 S, 2025. Amanda Matthews Agenda Item 8 page 5 of 13 City Council As required by City Code, this item was advertised in the Virginian -Pilot on Tuesdays, June 24, 2025 and July 1, 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 23, 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 July 3, 2025. Amanda Matthews Agenda Item 8 page 6 of 13 D obi n a rD 4) 0 Q rD v o) J ; O rD S rD N w 00 of Proposed Playground Existing ` Row of shrubs Mobile �M _- to remain ' unit77 Proposed -�--- ;— ramp IF T ---------7—'r.•�wti-w"ree•rmw; - -- -- -srr-- Proposed picnic bench MITZIL ti a -'da — F Y E g�j a Cr fCr @@ c .tee u z� i x 0 � ql ail �S vH 3of13 Site Photos 4 Ou Amanda Matthews Agenda Item 8 page 9 of 13 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 ether bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application , )d4 j Y jn 4-i j xe W S Is Applicant also the Owner of the subject property? YesO No If no, Property Owner must complete SECTION 1: 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? YesONon If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent- subsidiary r or affiliated business entity a relationship with the 000licant. (Attach list if necessorv.) 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 Uty of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yeso NoW 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 O cross-collateralitation, etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Amanda Matthews Agenda Item 8 page 10 of 13 SECTION 1: APPLICANT DISCLOSURE continued l SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor O 0 Engineer/Surveyor/Agent O Legal Services O 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. 9rrnC,n-Ic %YrHjhww, 4,)%t­_ML --� 3 zo z5 Applicant Name (Print) Applicarif Signature Date 1 'Parent -subsidiary relationship" means "a relationship that exists when one corporation ddrectiy 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 (ni) 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 ore 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): 611 Z/2n;i� Alexis Bailey 4 Egz, _ 6/18/2025 Staff Name (Print) T� Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Amanda Matthews Agenda Item 8 page 11 of 13 PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Village Church Is the Owner 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 arent-subsidiary !or affiliated business entity `relationship with the applicant. (Attach list if necessary.) Wayne L. Andrews Frankie Copeland Does the subject property have a proposed or pending purchaser? Yeso No(F) 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 f 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-collateralization, etc.) O O Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner 0 O Construction Contractor 0 G) Engineer/Surveyor/Agent 0 Legal Services 0 0 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, 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. DqftFy Wayne L. Andrews Wayne L. Andrews �a�eocrwerK� 0" 202505020831.5344'00• 5/2/2025 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y -2024 page 3 of 3 Amanda Matthews Agenda Item 8 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. Amanda Matthews Agenda Item 8 page 13 of 13 Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #08 Amanda Matthews Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next item for the consent agenda is Amanda Matthews, Property owner, Village Church, conditional use permit. Is there a representative for this item today? Please state your name for the record. Ms. Matthews: Sure. Amanda Matthews. Mr. Coston: Is there any opposition to this item being placed on the consent agenda? Do you accept the conditions listed? Ms. Matthews: I do. Mr. Coston: Thank you. Is there any opposition to this item being placed on the consent agenda? You may be seated. There being none. We will ask Commissioner Cromwell to read this item into the record. Mr. Cromwell: The applicant is requesting a conditional use permit to operate a childcare education center within an existing religious facility on an R-15 residential zone parcel. The applicant proposes no more than 18 children with expected ages to be served from six weeks to four years old. The building, the building official Fire Marshal and Department of Education will determine the maximum occupancy for the Childcare Education Center. The proposed hours of operation are from 6:00 a.m. to 6:00 p.m. Monday through Friday. Drop off will be from 6:00 a.m. to 9:00 a.m. Pickup will be from 4:00 p.m. to 6:00 p.m. There will be a total of three employees. Per section of 203 of the zoning ordinance a childcare education center requires one parking space per 300 square feet of floor area. The 12,000 square foot building requires 40 parking spaces, and the site is served by 64 parking spaces. As such we suggest this 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 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 Conditions The hours of operation for the Child Care Education Center shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. [strikethrough] Failure to .,..rota- a Day Gage Pacility lieepse will .-A in .,,,,,; alien of the Gendkmenal Use . [end strikethrough] Should said license be terminated or expire, the property owner shall notifv the Department of Planning within 30 days or termination or expiration. 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 4. The ultimate occupancy load shall be subject to the approval of the Building Official's Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal. 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. G� aQua ty 11 �o �y mac, 02 a 02 B2 � B2 N ® site Hope, Care & Love Healthcare Services, LLC W -*I: Property Polygons 464 S. Independence Boulevard, Suites 104 & 106 S Zoning Building Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOPE, CARE, & LOVE HOME HEALTHCARE SERVICES, LLC [Applicant] HOLLAND OFFICE PARK, LLC [Property Owner] Conditional Use Permit (Adult Daycare) for the property located at 464 S. Independence Boulevard, Suites 104 & 106 (GPIN 1476599625). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 8, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate an Adult Daycare Center within two units of an existing building. The 2.04-acre site is zoned 1-1 Light Industrial District and contains two, one-story buildings, designated as Building A and Building B. The Adult Daycare Center will operate within Building A, in two units totaling approximately 2,882 square feet. All on -site activities will occur within the building, and no exterior modifications are proposed. The Adult Daycare Center will provide day support services for individuals aged 18 and older with intellectual disabilities, offering a structured and supportive environment aimed at enhancing daily living skills and promoting greater independence within the scope of each individual's needs. Services will include skill development and support for Activities of Daily Living (ADLs), assistance with accessing community resources, improvement of motor and cognitive skills, and participation in recreational activities. In the Commonwealth of Virginia, Adult Day Care Centers are classified as day support facilities. This Adult Daycare Center is licensed through the Department of Behavioral Health and Development Services (DBHDS). DBHDS is responsible for licensing, monitoring compliance with relevant laws and regulations, and investigating allegations of noncompliance. State and regional licensing staff also provide training and technical assistance to providers. While inspection frequency may vary, adult day centers are typically subject to an initial inspection within the first six months of operation, followed by annual inspections and unannounced inspections as needed in response to complaints or investigations. The Adult Day Care Center seeks to have a staff -to -client ratio of 1:7. The applicant intends to eventually serve up to 42 clients at any given time; however, only five staff members are initially proposed. Additional staff will be added to support clients in the future. The final capacity of the facility will be posted by the Fire Marshal's Office, noted on the Certificate of Occupancy, and determined by the Department of Behavioral Health and Development Services. Hope, Care & Love Home Healthcare Services, LLC Page 2 of 3 Pursuant to Section 203 of the Zoning Ordinance, Daycare Centers require one parking space per 300 square feet of floor area. With a facility size of just under 3,000 square feet, the proposed use requires 10 parking spaces. The site includes two buildings —Building A with 8 suites (2 occupied by the applicant) and Building B with 3 suites —and provides a total of 79 parking spaces. Therefore, on -site parking requirements for the proposed use are satisfied. Typical hours of operation will be from 8:00 a.m. to 4:00 p.m., Monday through Saturday. ■ Considerations: In Staffs opinion, this request for a Conditional Use Permit to operate an Adult Daycare is acceptable. The use is consistent with the Comprehensive Plan's recommendations for the Suburban Area and is a complementary use that will serve the surrounding community. Development within the Suburban Area focuses on creating great neighborhoods by sustaining and stabilizing existing neighborhoods with nonresidential uses. 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 June 11, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 464 S. Independence Boulevard, Suites 104 & 106. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 47 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Hope, Care & Love Home Healthcare Services, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01 City Manager: JI)W Project Details Request Conditional Use Permit (Adult Daycare) Staff Recommendation Approval StaffPlanner Marchelle Coleman Location 464 S Independence Boulevard, Suites 104 & 106 GPIN 1476599625 Site Size 2.04 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office Park / 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Mini -Warehouse / 1-1 Light Industrial South S. Independence Boulevard Restaurant, retail, vacant lots /1-1 Light Industrial, B-2 Community Business East Office Park / 0-2 Office West Mini -Warehouse / 1-1 Light Industrial Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 1 of 14 • The applicant is seeking a Conditional Use Permit to operate an Adult Daycare facility on this 2.04-acre parcel zoned 1-1 Light Industrial District. • The site contains two existing one-story buildings, designated as Building A and Building B, which are designed to accommodate office -warehouse style units. The facility will operate two in units within Building A, totaling approximately 2,882 square feet. • The Adult Daycare facility will provide day support services to individuals ages 18 and older with intellectual disabilities. • The facility offers clients a structured and supportive environment designed to enhance daily living skills and promote greater independence within the scope of their individual impairments. Services will include skill development and routine support focused on Activities of Daily Living (ADLs), assistance with accessing community resources, improvement of motor and problem -solving skills, and engagement in recreational activities. The facility places a strong emphasis on promoting the development of positive, socially appropriate behaviors as alternatives to challenging behaviors. In addition, staff closely monitor each individual's health, providing assistance with medication management and addressing medical needs. Support services also include transportation to community destinations, general supervision, and comprehensive safety protocols to ensure the ongoing health and well-being of all individuals. • All activities on site will be located within the building. • No exterior changes to the building are proposed. Signage for the use is already in place, as shown in the images provided on page 7 of this report. • Clients will be transported to and from the facility by family members, friends, or caregivers, as none are able to drive. Upon arrival and departure, staff will greet clients at the entrance and escort them safely into and out of the facility. • The facility anticipates employing five staff members. While the applicant intends to serve up to 42 clients at any given time, the final capacity will be determined by the Fire Marshal's Office and documented on the Certificate of Occupancy. • In accordance with Section 203 of the Zoning Ordinance, Daycare Centers are required to provide one parking space per 300 square feet of floor area. With a facility size of just under 3,000 square feet, the Daycare Center requires 10 parking spaces. The site comprises two buildings: Building A with 8 suites-2 to be operated by the applicant —and Building B with 3 suites. The site offers a total of 79 parking spaces and the proposed use anticipates employing only five staff members. The on -site parking requirements for this use are met. • Typical hours of operation will be from 8:00 a.m. to 4:00 p.m., Monday through Saturday. Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 2 of 14 Map Key No. Request 1 CUP (Veterinary Clinic) Approved 12/09/2014 2 CUP (Mini -Warehouse) Approved 11/08/1995 MDP Approved 09/14/2004 3 CRZ (0-2 to Conditional 1-1) Approved 06/12/1996 4 STC Approved 02/04/1985 Application Types CUP: Conditional Use Permit REZ: Rezoning CRZ: Conditional Rezoning MDC: Modification of Conditions s' 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 Use Permit for an Adult Daycare facility is, in Staff's opinion, acceptable. The use is consistent with the Comprehensive Plan's recommendations for the Suburban Area and is a complementary use that will serve the surrounding community. Development within the Suburban Area focuses on creating great neighborhoods by sustaining and stabilizing existing neighborhoods with nonresidential uses. As indicated above, the proposed use of the facility as a daycare support center for intellectually disabled adults aligns with the objectives and vision set forth in the Comprehensive Plan. All activities associated with the facility will take place exclusively within the two designated units, ensuring that operations will not negatively impact surrounding properties. These activities will be managed by professionally trained staff, maintaining a controlled and supportive environment. The agency will admit only individuals whose needs align with the services provided, ensuring that staffing levels are sufficient to meet those needs. Furthermore, the on -site parking requirements have been met, and it is anticipated that parking will not overflow onto adjacent properties, thereby minimizing any potential disruption to the surrounding area. Based on these considerations, Staff recommends approval of this application subject to the conditions provided below. Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 3 of 14 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 464 S. Independence Boulevard, Suites 104 & 106. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 47 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 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 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 Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 4 of 14 Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-25 ADT Independence Boulevard 76,700 ADTI 70,400 ADT 1(LOS 4 "D") Proposed Land Use 3- No Data Available 1 Average Daily Trips 2As defined by a 2,282 square foot office space 'As defined by a 2,282 square foot office space 4LOS = Level of Service Master Transportation Plan (MTP) and Capitallmprovement Program (CIP) Independence Boulevard is an eight -lane divided major arterial road in the vicinity of this site with a varying right-of-way from approximately 155 feet to 175 feet. The MTP shows an eight -lane major arterial with an ultimate right-of-way of 155 feet. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Water The site currently connects to City water. There is an existing 12-inch city water main and an existing 16-inch city water transmission main along S. Independence Boulevard. There is also an existing eight -inch city water main encroaching into the property from S. Independence Boulevard. Sewer The site currently connects to City sewer. There is an existing 12-inch city sanitary sewer force main along S. Independence Boulevard and an existing eight -inch private sanitary sewer gravity main along the adjacent eastern property. Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 5 of 14 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 24, 2025 and July 1, 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 23, 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 July 3, 2025. Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 6 of 14 IEIEt€E1 { 1 t Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 7 of 14 Existing Signage Suife�'1�4 MaPe, Case 6lo.e Lame HaaMraee .� SftVi s LLC na..aw...�.• Mondry- lodly s:aaa.a-•:oovn. e� .«tea* suite 106 Move, C" 8 LOW Horne HnlNare s .rrca UC Site Photos Site Photos jfA 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 Hope, Care & Love Home Healthcare Services , LLC Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yesq) No© If yes, name Representative: Dericka Sims 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 hove a parent- subsidiary I or affiliated business entity' relationship with the applicant. (Attach list if necessary.) Taromba Smith Quentin Brown Cheme Ferebee )oes the subject property have a proposed or pending purchaser? Yes() No(! If yes, name proposed or pending purchaser: n/a 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© Noe f yes, name the official or employee, and describe the nature of their interest. [n/a 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 Q Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 11 of 14 SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner O Q Construction Contractor Engineer/Surveyor/Agent O e Legal Services o APPLICANT CERTIFICATION READ: l 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. Cherrie D. Ferebee 3 11)0a�5— Applicant Name (Print) Applican 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. z 'Affiliated business entity relationship" means "a relationship, other than porent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (iiJ 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): 06/17/2025 Marchelle L. Coleman Staff Name (Print) Disclosure Statement I rev. M a y-2024 06/17/2025 Staff Signature Date page 2 of 3 Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 12 of 14 SECTION" PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Holland Office Park, LLC is the Owner a corporation, partnership, firm, business, trust, or unincorporated business? YesONoO If yes, list the names of al/ officers, directors, members, or trustees below AND businesses that have a larent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) )on Stewart, CPM Property Manager, Patrick L. Reynolds, CCIM, President/Managing Member, Matt Wilbricht, Excecutive Vice President, Principal Does the subject property have a proposed or pending purchaser? YesQ No(F) 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 Noa f 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, crass-collateralization, etc.) O O Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 G) Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor I 0 Engineer/Surveyor/Agent 0 Legal Services 0 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, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, C8PA, Wetlands Board or any publ�by or committee in connection with this application. Holland Office Park, LLC, Patrick L. Reynolds, Managing Member 03/18/2025 Property Owner Name (Print) erty Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 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. Hope, Care & Love Home Healthcare Services, LLC Agenda Item 9 page 14 of 14 Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #09 Hope, Care, and Love Home Healthcare Services, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next item on the consent agenda is item 9, Hope, Care, and Love Home Healthcare Services, LLC, property Owner. Is there anyone here to represent this item today? Ms. Ferrebee: Good afternoon. Mr. Coston: Can you state your name for the record? Ms. Ferrebee: Cherrie Ferrebee. Mr. Coston: Are the conditions acceptable to you? Ms. Ferrebee: 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 Mauch to read this item into the record. Mr. Mauch: The applicant is Hope, Care, & Love Home Healthcare Services, LLC, and the property owner is Holland Office Park, LLC. The applicant is seeking a conditional use permit to operate an adult daycare facility on this 2.04-acre parcel zoned I-1 Light Industrial District. The adult daycare facility will provide a day support service to individuals ages 18 and older with intellectual disabilities. The facility places a strong emphasis on promoting the development of positive socially appropriate behaviors as alternatives to challenging behaviors. The proposed conditional use permit for an adult daycare facility is in staffs opinion and Planning Commission's opinion acceptable. So, we find it acceptable to be placed on 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 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 Conditions 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to the following address: 464 S. Independence Boulevard, Suites 104 & 106. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 3. The maximum number of individuals within the facility shall not exceed 47 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 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 Garth Gillespie 521 22nd Street Feet 0 510 20 30 40 50 60 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GARTH GILLESPIE [Applicant] GARTH CHRISTIAN GILLESPIE [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 521 22"d Street (GPIN 2417987538). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 8, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a four -bedroom townhome at 521 22"d Street. The site has not previously been advertised or rented, nor are there any previous zoning violations. ■ Considerations: A total of four parking spaces are required for the proposed Short Term Rental. There are two assigned parking spaces on site and the applicant has provided an Intent to Lease Off -Site Parking Agreement to lease two parking spaces in a municipal parking garage on 25th Street located 0.23 miles straight line measurement, and 0.4 miles ground distance from the site. 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 June 11, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 1. The following conditions shall only apply to the dwelling unit addressed as 521 22nd Street, 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. Garth Gillespie Page 2 of 4 4. All required parking spaces, including offsite spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Garth Gillespie Page 3 of 4 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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 Garth Gillespie Page 4 of 4 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. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: AP Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Alexis Bailey Location 52122nd Street GPIN 2417987538 Site Size 2,795 square feet AICUZ 65-70 dB DNL; Sub -Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Townhouse / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 22nd'/2 Street Single-family dwelling / OR Oceanfront Resort South 2211 Street Condominium Complex / OR Oceanfront Resort East Townhouse / OR Oceanfront Resort West Townhouse / OR Oceanfront Resort Garth Gillespie Agenda Item 10 page 1 of 12 • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 52122"d Street. The 2,795 square foot parcel contains a townhouse and is zoned Oceanfront Resort District. • According to City records, this 4-bedroom townhouse was constructed in 2017. • Staff inspected the site on April 22, 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 May 8, 2025, is shown in the chart below: REGISTERED WITH THE COMMISSIONER CURRENTLY ADVERTISED LAST KNOWN RENTAL OF THE REVENUE No N/A Yes Short Term Rentals in the Vicinity Garth Gillespie Agenda Item 10 page 2 of 12 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: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required): 4 • Number of off-street parking spaces provided: 4 (2 provided on -site and 2 provided off -site) # Request 1 CUP (Short Term Rental) Approved 11/14/2023 2 CUP (Short Term Rental) Approved 12/13/2022 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 Garth Gillespie Agenda Item 10 page 3 of 12 The applicant is requesting to operate a four -bedroom Short Term Rental within an existing townhouse. The four -bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces, and the applicant has provided an Intent to Lease Off -Site Parking Agreement to lease two off-street parking spaces within a municipal parking garage on 25th Street, located 0.23 miles from the site, for a total of four parking spaces. 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 52122nd Street, 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. All required parking spaces, including offsite spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Garth Gillespie Agenda Item 10 page 4 of 12 Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Garth Gillespie Agenda Item 10 page 5 of 12 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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 maybe inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Garth Gillespie Agenda Item 10 page 6 of 12 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 24, 2025 and July 1, 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 23, 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 July 3, 2025. Garth Gillespie Agenda Item 10 page 7 of 12 2W9H ";1; t1 r L 511106 515 617 = 519 A / 21 f35Cp �, hoc W] o ue sn a+ p 505 5w F1 �A121 NZ Z '.. NO# R16 n 6" 614 RiD;10BI 507 505 OS 7 . 2201 R1 7�.1 r-1 n E63t "R(STR. Rl1] Subject Site ORSfR 0 0.23 Miles ]]6 2411 N07 2511 Street Municipal Parking Garage 24T� -701 V•^ Ma 302 7tu ]16 " 310.702 2 ,4 710 701 30443 23 05- 1 61 9 i 2 18J 7�0-]02 } Jz� � (;RiSiR-0R1 i 16.1 ]14 r�]tol, ]184 O a ` n in �155..ffpp66 ]16i0Cl1 Garth Gillespie Agenda Item 10 page 8 of 12 Garth Gillespie Agenda Item 10 page 9 of 12 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 Garth Gillespie Is Applicant also the Owner of the subject property? Yes@ No© If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE (page 3). Does Applicant have a Representative? Yes(F) N,O If yes, name Representative: Sheppard Atkinson 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 parent- subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessarv.) Does the subject property have a proposed or pending purchaser? Yes No if yes, name proposed or pending purchaser: KNO'AIN 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 ;f necessary.) SERVICE YES NO SERVICE PROVIDER (Name entit and/or individual) Financing (mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor © _ I i Disclosure Statement I rev. M a y-2024 page 1 of 3 Garth Gillespie Agenda Item 10 page 10 of 12 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax /Tax Return Preparation g pjalrhr- G) 0 Coastal Acr odations supplies all /C'r Architect/Land Plannerdscape Architect/Land Planner O Q Construction Contractor _ O EngineerJSurveyor/Agent e 0 Michael Schoo?4,,Smali Potatoes Legal Services APPLICANT 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 Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Garth Gillespie;,:r Applicant Name (Print) Applic nature Date s "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. z Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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): 6/17/2025 Alexis Bailey 4&4 U 6/18/2025 — Staff Name (Print) Staff Signatur Date Disclosure Statement i rev. M a y-2024 page 2 of 3 Garth Gillespie 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. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Garth Gillespie Agenda Item 10 page 12 of 12 STR VICINITY MAP GARTH GILLESPIE Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #10 Garth Gillespie Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next agenda item is item #10, Garth Gillespie. Ms. Cuellar: Oh, no, I'm sorry. I thought the clerk called you. Welcome. If you state your name, please. Ms. Atkinson: Shepherd Atkinson with Coastal Accommodations. Can you hear me? Ms. Cuellar: Yes. Ms. Atkinson: I am representing Garth Gillespie. I'm not certain why this one is on the chat list. I thought it was for approval, or you know, to move forward, but it's just a conditional use permit for a short-term rental. Ms. Cuellar: Thank you very much. We do have a question. So if you would just be patient. Commissioner Plumlee? Mr. Plumlee: Yes. Thank you very much for coming here. Can you tell us what is the arrangement with the city with regards to this parking site? Ms. Atkinson: So four parking spaces are required. It's a four bedroom. Typically the other rentals that I manage that additional parking, I will work with a woman named Jessica. She's great at the 25th Street parking garage. We typically just rent or lease the parking spaces, if you will, and we have passes that we are able to give for additional vehicles that we are unable to accommodate. Mr. Plumlee: So Coastal Accommodations manages a number of STRs, is that fair? Ms. Atkinson: Yes, sir. Mr. Plumlee: So what you're saying is you have other locations where you're using 256' Street parking? Ms. Atkinson: Yes, sir. Mr. Plumlee: How many approximately? Ms. Atkinson: So there are nine townhouses on this particular property, on this parcel, on the 500 block of 22°d Street. I manage 29 houses total, but this particular location has nine that I manage, and four of them need additional parking to meet the requirements, four of the townhouses. So I have probably 7 parking passes on hand for those. Mr. Plumlee: And those are like annual parking passes? Ms. Atkinson: Yes. Mr. Plumlee: Okay. Thank you. Ms. Cuellar: Any additional questions for the applicant? Thank you very much. Madam Clerk. Just to double check, do we have any speakers signed up for this application? Clerk: There are no speakers signed up. Ms. Cuellar: Thank you very much. At this time I'll open the floor for discussion and a motion. Commissioner Byler? Ms. Byler: By way of discussion, I'll just say that this is a little different than what I expected. I thought they were going to reserve the spots and then no one could use them ever, but it does seem different. Instead, it seems like it's just like prepaying for those spots. I like that better. In my mind, if we're going to change the policy on allowing short-term rentals to use public parking, perhaps, vice -chair's comment during informal that we should do it moving forward and not on the spot without giving proper notice to people. But I do like it that they're not taking those spots out of commission so that if somebody's coming to the dome to a show, and I understand parking can be a real concern, they'll have a place to park. Ms. Cuellar: Commissioner Hippen? Ms. Hippen: I would just like to add that so they, they've got parking passes, so I understand that, but what happens if the parking facility is full? For example, if there is a popular show at the dome, where are those people going to park? Is the question that I would have? Ms. Cuellar: Director Warren will answer that question. Ms. Warren: Thank you. I'm happy to answer that question. So parking management office, when we have these short-term rentals, they have to actually apply for parking passes. The parking management office reviews it. They check to see if they have capacity in the parking deck that's being requested and then they either approve or recommend denial for the parking. In this case, the parking management office is working toward better technology for our all of our parking garages, and they do everything by numbers and license plates. So, if they have a certain number reserved, they will reserve those spaces. If someone has a parking spot, that way they're not guaranteed where that parking spot's going to be but guaranteed a spot in the parking garage. Ms. Hippen: So then, so the question that we had earlier that these parking spots are taken away for residents is the case then, so those parking spots are reserved for the short-term rentals, is the bottom line? Ms. Warren: If they're using their pass, yes. Ms. Hippen: Thank you. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I may have brought this up. I was the one to kind of bring this up, and I don't, unfortunately that this application just happened to be yours. Now I do think that we have an opportunity here to see a problem and fix it. I think something that our short-term rental, program does is it requires a space for every single room that we have, which is above and beyond, what our zoning requires when they build these properties, in some cases, most cases. So it almost seems like it would be easier on staff. It would be easier on STR's, it would be easier on everybody, and then the free market would benefit because if there's not enough spaces, they would have to go to a private lot or a public lot and then just pay as if it is, you know, if they need a space. I don't want this application to necessarily be hung up because of an issue that our city has put in place, whether it's on our side, their side, whosever side, whenever we came up with the STR, and that was a giant mess through the whole thing. So maybe this got pushed to the side and everybody said, oh yeah, no, let's do this. It seems like it's best. We'll have one per room. I think we see that what it's doing is it's taking inventory away from the city and maybe for no reason, I mean, we're talking about a four -bedroom house that probably will have two families with two cars. I just don't want reservations to be held during the busiest times of the year, which is also this STR's busiest times of the year for parking because we have heard it loud and clear, especially through the last election about parking at that Oceanfront and how difficult it is. Anybody who goes down there or wants to go down there knows that it is a giant issue. So, I would like to not resolve this through the application, but it does bring us to a point of talking about this publicly, so that we can kind of maybe fix this. As we just went through our informal session, we had the STR recommendations, and that parking was a part of them. So maybe we should address this when we address those. I don't know how it would work if we approve this today. These STR recommendations go into place, do they therefore need to have the parking passes? So, we'll see how that works out but I don't want to hold this applicant up, just solely for the reason that we really need to get our stuff together a little bit better on this aspect of it. So, I'll let other comments and then if the district representative wants to have a motion or I'll make one later, it's okay. Ms. Cuellar: Okay. Thank you. Commissioner Mauch. Commissioner Camp. Mr. Camp: Yeah, just to button this up from my perspective. What I've learned here today is that this applicant is typical of many other applicants, some that have already been granted and others that are likely pending in this area. So, I agree with Commissioner Mauch that treating this one applicant differently than the others is in my mind, not appropriate. However, the STR task force recommendations do encompass parking, and we didn't fully explore that topic in our informal today. So, I think apart from resolving this matter, perhaps before our next meeting when we were under a council mandated deadline to do something, there might be an exchange in an appropriate manner between meetings of thoughts on how that text amendment might be changed in a way that picks up this bigger issue. Then it could be taken up by council for a more holistic application, but I don't want to get to the next meeting and then just start talking about it. Ms. Cuellar: Thank you. Commissioner Alcaraz. Oh, I'm sorry. Did you? I thought you. Mr. Alcaraz: I was going to make a motion, my last one. I'd like to make a motion to approve the STR. Ms. Hippen: Second. Ms. Cuellar: So, we have a motion to approve the application from Commissioner Alcaraz. We have a second from Commissioner Hippen. Was there any further discussion? Commissioner Mauch? Mr. Mauch: No, but before we adjourn, maybe we can, maybe I can address something with this while we're still in session, if that's appropriate. Ms. Cuellar: Let's do the business we have at hand. Thank you. Clerk: Vote is now open. By recorded vote of 8 to 1, item #10, Garth Gillespie has been recommended for approval. Vote Tallv Commission Member AYE 8 NAY 1 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hippen X Mauch X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 52122"d Street, 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. All required parking spaces, including offsite spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. street I� OF: R5S I �• 1 �� nOR yco � OR ----- gth street � Norfolk Avenue c OR CD c c� ® Site Property Polygons QZoning Building Diane Ong 927 Pacific Place, Unit B Feet 0 1530 60 90 120 150 180 5S OR =R c� 'R c� J �Ceet � No�olk gth St Avenue � OR c� N ® Site w � � is Diane Ong Property Polygons s Zoning 905 Pacific Place, Unit A Building Feet 0 1530 60 90 120 150 180 iCSi � l i`J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIANE ONG [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 927 Pacific Avenue, Unit B and 905 Pacific Avenue, Unit A (GPIN 24272444111155 and 24272444111150). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: July 8, 2025 ■ Background: The applicant is requesting two Conditional Use Permits for Short Term Rentals within in a one -bedroom and two -bedroom unit in the Pacific Place Condominiums located at 927 Pacific Avenue, Unit B and 905 Pacific Avenue, Unit A. Each site has two previous zoning complaints which were closed as the sites were brought into compliance when the advertisement was changed to a 30-day minimum stay. The sites are currently advertised as 30-day rentals and the last known documented stay for 905 Pacific Avenue, Unit A was February 15, 2025, and the last known documented stay for 927 Pacific Avenue, Unit B was December 6, 2024. ■ Considerations: The applicant is requesting to operate a one -bedroom and two -bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 31 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with each unit in the condominium's parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 June 11, 2025, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 9-0. Diane Ong Page 2 of 4 The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue, Unit A and 927 Pacific Avenue, Unit B, 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 Diane Ong Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building Diane Ong Page 4 of 4 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: fAV Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Alexis Bailey Location 905 Pacific Avenue, Unit A & 927 Pacific Avenue, Unit B GPINs 24272444110980 and 24272444111155 Site Size 34,984 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 Multi -family dwellings, commercial parking lot / OR Oceanfront Resort South 91h Street Municipal Parking Lot / OR Oceanfront Resort East Atlantic Avenue Retail Shops / OR Oceanfront Resort West Pacific Avenue Commercial Parking lot / OR Oceanfront Resort �pKE-0R _GINfi \ OD-D 1 wRGA ti e< NORFO LKA VE wit Diane Ong Agenda Items 11 & 12 page 1 of 13 • The applicant is seeking a Conditional Use Permit for two Short Term Rentals, one at 905 Pacific Avenue, Unit A and another at 927 Pacific Avenue, Unit B. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi -family condominium was constructed in 1969. • Staff inspected the site on April 22, 2025 to observe site conditions and take photographs for this report. • On -street parking is not permitted on this portion of Atlantic Avenue. • Two zoning complaints were received for 905 Pacific Avenue, Unit A, the first on January 17, 2024, and a second on June 21, 2024. A Notice of Violation was issued on June 24, 2024, for operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. A summons was issued on December 11, 2024; however, the case was ultimately dismissed after the advertisement was changed to a 30-day minimum stay and the subject Conditional Use Permit application was filed. 927 Pacific Avenue, Unit B has two prior Zoning Complaints, the first on January 17, 2024, and a second on June 21, 2024. A Notice of Violation was issued on February 20, 2024, for operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. A summons was issued on February 20, 2024. The violation was closed when the advertisement was changed to a 30-day minimum stay and the subject Conditional Use Permit application was filed in April. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of June 2, 2025, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADDRESS LAST KNOWN RENTAL COMMISSIONER OF THE ADVERTISED REVENUE 905 Pacific Ave, Yes* February 15, 2025 Yes Unit A 927 Pacific Ave, Yes* December 6, 2024 Yes Unit B *Advertised as a 28-day rental Diane Ong Agenda Items 11 & 12 page 2 of 13 Short Term Rentals in the Vicinity 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. Short Term Rental Details 905 Pacific Avenue, Unit A 927 Pacific Avenue, Unit B Number of bedrooms: 2 1 Maximum number of guests 4 2 permitted after 11:00 p.m. Number of parking spaces required (1 space per bedroom) 1 1 Number of parking spaces provided on site 1 1 Diane Ong Agenda Items 11 & 12 page 3of13 # Request` CUP (Short Term Rental) Approved 05/20/2025 CUP (Short Term Rental) Approved 03/18/2025 CUP (Short Term Rental) Approved 03/18/2025 CUP (Short Term Rental) Approved 03/18/2025 CUP (Short Term Rental) Approved 03/04/2025 CUP (Short Term Rental) Approved 02/04/2025 CUP (Short Term Rental) Approved 12/10/2024 CUP (Short Term Rental) Approved 12/10/2024 CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 CUP (Short Term Rental) Approved 09/19/2023 1 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 07/12/2022 CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 03/02/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 06/11/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 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 3 STC Approved 12/07/2004 OR` OR Z V D R53 o OR a OR m 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 Diane Ong Agenda Items 11 & 12 page 4 of 13 The applicant is requesting to operate a one -bedroom and two -bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property, with a total of 31 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. According to Section 2303(b)a.ii. of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on -site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Pacific Place is one such property granted a historical exception to the Short Term Rental Parking requirements of Section 241.2. 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. The subject property lies in the Pacific Avenue corridor, which serves as the main north -south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Diane Ong Agenda Items 11 & 12 page 5 of 13 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue, Unit A and 927 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Diane Ong Agenda Items 11 & 12 page 6 of 13 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 maybe 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. Diane Ong Agenda Items 11 & 12 page 7 of 13 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. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. 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 24, 2025 and July 1, 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 23, 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 July 3, 2025. Diane Ong Agenda Items 11 & 12 page 8 of 13 * IUf JL/ UHIL 0 Parking space for NORFO�K,4�E ! 905 Unit A A. Diane Ong Agenda Items 11 & 12 page 9 of 13 I ■ 1 Diane Ong Agenda Items 11 & 12 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 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: On as listed on application Diane g 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? Yese Noo If yes, name Representative: Howard Hanna Real Estate Services Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesoNoQ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a )arent- subsidiary' or affiliated business entity `relationship with the applicant. (Attach list if necessary.) )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 NoQ If ves. name the official or emolovee. 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 O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor J o Rebecca Schneider, Howard Hanna Real Estate Services Disclosure Statement I rev. M ay-2024 page 1 of 3 Diane Ong Agenda Items 11 & 12 page 11 of 13 A.Mm&.gn ID: D6F306A2-BD1F-F011dB3D-=4822F75A SERVICE YES NO SERVICE PROVIDER (Name entity and or individual Accounting/Tax Return Preparation 0 0 Jeanne Veer, Management Services & Consulting Inc Architect/Designer/Landscape Architect/Land Planner O O Construction Contractor 0 G) Engineer/Surveyor/Agent 0 G Legal Services 0 0 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. 116 IM�rti-— Diane Ong /a,''e 0."'q 04/23/25 --------- -- Applicant Name (Print) Applicant Signature Date 1 'Porent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. Z Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (H) 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 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): 6/17/2025 Alexis Bailey _ 441¢ � &W4 6/18/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Diane Ong Agenda Items 11 & 12 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. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Diane Ong Agenda Items 11 & 12 page 13 of 13 STIR VICINITY MAP DIANE ONG Virginia Beach Planning Commission June 11, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #11 & 12 Diane Ong Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next items on this consent agenda are 11 and 12, Diane Ong property owner, conditional use permit. Please state your name for the record. Ms. Schneider: Rebecca Schneider. Mr. Coston: Thank you. Are the conditions acceptable to you? Ms. Schneider: Yes. Mr. Coston: Thank you. You may be seated. Ms. Schneider: Thank you. Mr. Coston: Is there any opposition to this item being placed on the consent agenda? Seeing none, we've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The applicant, Diane Ong is seeking conditional use permits for two short-term rentals at 905 Pacific Avenue Unit A and another at 927 Pacific Avenue Unit B, is met with the requirements of the city ordinance. The planning staff has recommended its approval and there is no objection from any member of the Planning Commission, therefore, it's placed on this 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 Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue, Unit A and 927 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short - Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on -site, except that each short term rental shall have one (1) four -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. L. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMITTEE • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY BUSINESS COUNCIL • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. NEW BUSINESS 0. 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 Meeti 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 8, 2025. J CITY OF VIRGINIA BEACH A R SUMMARYOF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:07/01/2025 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 1, S E I O U M S AGENDA H G E 1 O E C N S A O ITEM # SUBJECT MOTION VOTE I S R N' N N K D E N N 1 CITY COUNCIL'S BRIEFINGS A RESET, INC. OVERVIEW AND SERVICES Sabrina Davis, OFFERED Director — RESET Inc. (Requested by Mayor Dyer and Council Member Jackson -Green) B. RESIDENT PARKING AT THE OCEANFRONT LJ Hansen, UPDATE Director - Public Works II. -VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED A B S 1. INFORMAL and FORMAL SESSIONS 10-0 Y T Y Y Y Y Y Y Y Y Y June 3, 2025 A i N E D 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y y y June 10, 2025 3. INFORMAL and FORMAL SESSION APPROVED A A June 17, 2025 S S 9-0 Y y Y Y Y Y Y y T Y T A A I I N C' E D D H. PUBLIC HEARINGS I. DECLARATION AND CONVEYANCE OF EXCESS SPEAKERS 0 CITY PROPERTY Approximately 0.17 acres of land, including the building improvements thereon, at 302 22' Street ACQUISITION, BY AGREEMENT OR _ CONDEMNATION SPEAKERS 0 Eastern Shore Drive Drainage Improvements Phase 1, Sections 1 B — CIP 100167 — Lynnhaven Colony Park Pump Station and 1C.2 — CEP 100153 — Cape Henry Canal Phase II LEASE OF CITY PROPERTY 3. Approximately 37 square feet of space in the building SPEAKERS 0 at 952 Reon Drive to Kempsville Borough Boys Baseball LEASE OF CITY PROPERTY — FARMERS MARKET SPEAKERS 0 4. Suite 516, approximately 1,038 square feet of space to Princess Anne Coun Grill J.1. Ordinance to AUTHORIZE 50'-wideAccess and ADOPTED, BY 11-0 Y Y N' Y Y Y Y Y Y Y N, Utilities Easement across a portion of the City's CONSENT Lake Gaston Pipeline Property located in Greensville County, Virginia to Jarratt Energy Facility, LLC 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:07/01/2025 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 I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM # SUBJECT MOTION VOTE 1 S R Y N N K D E N N J.2. Ordinance to AUTHORIZE temporary ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a City -owned drainage easement CONSENT and drainage and utility easement, at the rear of 947 Bingham Street re construct and maintain a boat lift, boathouse, fixed dock, variable width and floating dock, variable width stone rip -rap, timber walkway, wood retaining wall, and five (5) piles DISTRICT 6 J.3. Ordinance to AUTHORIZE temporary encroachments ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into a City -owned property, at the rear of 4305 CONSENT Lookout Road re construct and maintain a variable width rip -rap, variable width wood dock, boat ramp and retaining wall, and to maintain an existing variable width bulkhead DISTRICT 9 J.4. Ordinance to ACCEPT and APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $6,402 from the Commonwealth to the FY2025-26 CONSENT Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly J.S. Ordinance to APPROPRIATE $603,546 from the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y fund balance of the General Fund and $98,252 from CONSENT the fund balance of the Tourism Investment Program (TIP) Fund to the FY2025-26 Non -Departmental Operating Budget re City's participation in Hampton Roads Transit's Transportation Service Plan J.6. Ordinance to APPROPRIATE $610,000 from the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Police Federal & State Seized Assets Special CONSENT Revenue Fund to the FY2025-26 Police Department Operating Budget re police software, equipment, and training J.T Ordinance to DONATE a vehicle to the Currituck ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y County Sheriffs Department CONSENT K. 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 HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE I CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/01/2025 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 N K L Dj E N N K. STORMWATER MANAGEMENT Appointed: 11-0 Y Y Y Y N' 1' Y Y N' Y Y IMPLEMENTATION ADVISORY GROUP Michael Mauch Rep. Planning Commission Unexpired term thru 8/31/2025 L. UNFINISHED BUSINESS M NEW BUSINESS ADJOURNMENT 6:16 PM OPEN DIALOGUE 11 SPEAKERS 6:48 PM