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HomeMy WebLinkAbout10-7-2025 FORMAL SESSION AGENDA City • o�` x rho Virginia Beach U �, "COMMUNITY FOR A LIFETIME {S S 0 �p BUR NATION City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com ( 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 0schulman@VBgov.com 1 757-840-1291 Email all City Council—members at CityCouncil@VBgov.com. — City-Council kopointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 -J_yndon S. Remias - Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda October 7, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. COASTAL STORM RISK MANAGEMENT (CSRM) STUDY UPDATE 1:00 P.M. Heather Lockwood, Project Manager—Army Corps of Engineers— Norfolk District B. ELECTRIC BICYCLES UPDATE 1:30 P.M. Brent McKenzie, Legislative Affairs Director II. CITY MANAGER'S BRIEFING A. STORMWATER EXTENSION PROGRAM UPDATE 2:15 P.M. Kyle Coolbaugh, Stormwater Extension Program Manager— Public Works III. CITY COUNCIL LIAISON REPORTS 2:45 P.M. IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. V. CITY COUNCIL AGENDA REVIEW 3:15 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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. INFORMAL and FORMAL SESSIONS—SEPTEMBER 16, 2025 2. FORMAL SESSION —SEPTEMBER 23, 2025 H. PUBLIC COMMENT 1. 2026 DRAFT LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Procedure for Land Use Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 90.77+/- acres located at 5548 Buzzard Neck Road J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to DESIGNATE October 2025 as Breast Cancer Awareness Month and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink lighting (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Remick and Schulman) 2. Resolution to DESIGNATE November 3, 2025 as Alzheimer's Awareness Day and AUTHORIZE the City Manager to illuminate certain city facilities in teal (Requested by Vice Mayor Wilson and Council Members Cummings, Hutcheson, Remick, Ross-Hammond and Schulman) 3. Resolution to DESIGNATE Bridle Creek Boulevard in honor of Timothy "Timbaland" Mosley (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Hutcheson, Jackson-Green and Ross-Hammond) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to Agreement for Use and Support of a Solid Waste Disposal System with Southeastern Public Service Authority of Virginia (SPSA) re extend renewal term 5. Ordinance to AUTHORIZE the City Manager to negotiate the terms and conditions for the transfer of Virginia Beach School Board Property to the City at 4622 and 4722 Jericho Road re park use 6. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road 7. Ordinance to AUTHORIZE and CONVERT a part-time position to full-time position in the City Attorney's Office re assist with increased workload 8. Ordinance to AUTHORIZE and APPROPRIATE bonuses for City staff 9. Ordinance to ACCEPT and APPROPRIATE $341,252 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2025-26 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 10. Ordinance to ACCEPT and APPROPRIATE $218,830 from the Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund to the FY 2025-26 for Capital Improvement Program #100640, "Stumpy Lake Dam Improvements" and AUTHORIZE a local match redesign and construction of dam modifications 11. Ordinance to ACCEPT and APPROPRIATE $127,603 from the Virginia Department of Motor Vehicles (DMV) to the FY 2025-26 Police Department Operating Budget and AUTHORIZE a 50% in-kind grant match re overtime and equipment expenses related to the seatbelt and speed enforcement 12. Ordinance to ACCEPT and APPROPRIATE $90,000 from the National Aeronautics and Space Administration (NASA) to the FY 2025-26 Department of Information Technology Operating Budget re support part of the City's Lead Data Scientist's salary 13. Ordinance to ACCEPT and APPROPRIATE $48,463 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2025-26 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25% grant match re drug and alcohol testing services 14. Ordinance to ACCEPT and APPROPRIATE $45,502 from the Virginia Department of Motor Vehicles (DMV) to the FY 2025-26 Police Department Operating Budget and AUTHORIZE a 50% in-kind grant match re overtime, training, and equipment expenses related to the DUI enforcement 15. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Criminal Justice Services (DCJS) through the Witness Protection Grant to the FY 2025-26 Commonwealth's Attorney Operating Budget re safety planning, emergency food, clothing, childcare and witness transportation L. PLANNING 1. CONCORDE APTS L.P. / NORFOLK PREMIUM OUTLETS, LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional A-36 Apartment District re construct 180-unit multifamily development and a Variance to Section 4.4.(b) of Subdivision Regulations re lot width and street line frontage at parcel directly southwest of 5945 Burton Station_Road DISTRICT 4 RECOMMENDATION: APPROVAL 2. WEST NECK COMMUNITY ASSOCIATION, INC. for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re outdoor recreational facility at parcel east of 3072 Signature Circle DISTRICT 2 RECOMMENDATION: APPROVAL 3. SS NEWTOWN LLC DBA ARROWHEAD CAR CARE / ARROWHEAD THREE LLC for a Conditional Use Permit re automotive repair garage at 5773 Arrowhead Drive, Suite 107 DISTRICT 1 RECOMMENDATION: APPROVAL 4. THE CHURCH IN VIRGINIA BEACH for a Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 RECOMMENDATION: APPROVAL 5. JAY ERNY/ HERMAN DOUGLAS PASCHALL REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1524 Gum Bridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. MARK & SOMER BROWN / WILD ACRES FARMS VB, LLC for a Conditional Use Permit re outdoor recreation facility at 5917 Blackwater Road DISTRICT 2 RECOMMENDATION: APPROVAL 7. MICHAEL BACLE / MICHAEL D. &SUSAN L. BACLE for a Conditional Use Permit re firewood preparation facility at parcel directly southeast of 1625 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 8. BELINDA GAIL HILL for a Conditional Use Permit re home-based wildlife rehabilitation center at 709 De Laura Lane DISTRICT 9 RECOMMENDATION: APPROVAL 9. JUXHIN EUGENE SELA/ IRA KOSTA &JUXHIN SELA for a Conditional Use Permit re short term rental at 516 22"d Street, Unit 300 DISTRICT 6 RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORICAL REVIEW BOARD • INDEPENDENT CITIZEN REVIEW BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOUTHEASTERN PUBLIC SERVICES AUTHORITY OF VIRGINIA • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 7, 2025. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. COASTAL STORM RISK MANAGEMENT (CSRM) STUDY UPDATE 1:00 P.M. Heather Lockwood, Project Manager—Army Corps of Engineers— Norfolk District B. ELECTRIC BICYCLES UPDATE 1:30 P.M. Brent McKenzie, Legislative Affairs Director II. CITY MANAGER'S BRIEFING A. STORMWATER EXTENSION PROGRAM UPDATE 2:15 P.M. Kyle Coolbaugh, Stormwater Extension Program Manager—Public Works III. CITY COUNCIL LIAISON REPORTS 2:45 P.M. IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. V. CITY COUNCIL AGENDA REVIEW 3:15 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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. INFORMAL and FORMAL SESSIONS—SEPTEMBER 16, 2025 2. FORMAL SESSION —SEPTEMBER 23, 2025 H. PUBLIC COMMENT 1. 2026 DRAFT LEGISLATIVE AGENDA r�NU'BF�� {4< lit t ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2026 Legislative Agenda PUBLIC COMMENT: October 7, 2025 MEETING DATE: October 21, 2025 ■ Background: The City Council approves a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. On September 19, 2023, the City Council adopted a policy regarding the vote upon the Legislative Agenda. For non-charter items, approval requires an affirmative vote of two- thirds of the members of the City Council. ■ Public Information: The Preliminary Draft of the Legislative Agenda was provided to the City Council at its September 23, 2025, Workshop. Pursuant to City Council Policy, a Public Comment was held at the October 7, 2025, Formal Session. ■ Attachments: Resolution; 2026 Legislative Agenda; City Council Policy The 2025 Legislative Agenda is presented to the City Council pursuant to the policy adopted September 19, 2023. 1 A RESOLUTION ADOPTING THE CITY'S 2026 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2026 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2026 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2026 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of ) 2025. Requires a two-thirds affirmative vote by the members of the City Council. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office i y Attorney's Office CA16989 R-1 September 29, 2025 C I T Y O F V I R G INIA BEACH , VIRGINIA GENERAL ASSEMBLY e islat*ive enda W-1 ---------- TOWN �. E r { a as 7 ,�4 i t �a 2026 SESSION Proposed Version — October 2025 Table of Contents POLICY PRIORITIES 3 Affordable Housing 3 Economic Development 3 Education 4 Energy 4 Fiscal Responsibility and Budget Impacts 5 Flooding and Environment 5 Land Use 6 Public Safety 6 Transportation 7 CHARTER AMENDMENTS g Protectingthe Blue Line g VIRGINIA CODE AMENDMENTS 9 De-listing Short-term Rentals 9 E-Bike Safety 10 Establish the Emergency Responder Grant Fund and Program 11 Expanding the allowable expenses under"Four for Life"funding 12 Increase the Fire Programs Fund 13 Low-impact Utility Markings 14 Marsh Terrace Project Permit 15 Menhaden Fishing Regulation 16 "Pop-Up" Event Zones 17 BUDGET REQUESTS 19 Budget Requests 19 Empowering Local Governments: Funding Unfunded Mandates Through Partnership 20 2 rF�}€ 1 F� POLICY PRIORITIES Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges,the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintainingthe ability to control land use decisions at the local level. • The City of Virginia Beach supports efforts to reform the eviction process to ensure that tenants have adequate opportunities to meet their rental requirements and remain in their homes while safeguarding investments made by landlords.' • The City of Virginia Beach supports increased funding for the Virginia Housing Trust Fund to expand and preserve the supply of affordable homes. • The City of Virginia Beach supports efforts to establish, expand, and fund rental assistance programs and first-time homebuyer assistance programs. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of the Hampton Roads region. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy. • The City of Virginia Beach requests continued support from the General Assembly to increase access to affordable childcare. • The City of Virginia Beach requests that the General Assembly provide funding for the recently created Sports Tourism Grant Program. 3 u --�• POLICY PRIORITIES Education The City of Virginia Beach continues to support the Virginia Beach School Board's efforts to enhance educational resources,teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 JLARC study regarding Virginia's K-12 Funding Formula. • The City of Virginia Beach supports efforts by the General Assembly to provide additional funding to support school construction, including efforts to ensure that Virginia Lottery Funds are utilized to enhance education funding, not supplant existing needs and allocations.As construction costs continue to increase, it is critical that localities have support from the Commonwealth to continue to modernize school facilities. Energy With growing power demand and rising electric bills,the City of Virginia Beach encourages the Commonwealth to seek common sense solutions that enhance energy sustainability, reliability, and affordability. • The City of Virginia Beach supports efforts by the General Assembly to reduce the cost and administration of renewable energy interconnectivity at municipal facilities. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is criticalto recognize the potential impact utility scale energy and battery storage projects have on communities and localities. Because of these potential impacts,the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible mannerthat effectively meets essential services and community needs. • Federal Government decisions to realign its priorities, reduce the federal workforce, and reform federal programs,will likely impact the Commonwealth's economy and reduce available services.When resources are not available at the federal or state level, it falls onto local governments to provide resources for residents most in need, especially as it comes to health care, housing, and food insecurity.The City of Virginia Beach encourages the General Assembly to prioritize filling these funding gaps where possible and to partner with local governments to support those who will be impacted. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing the source with a sustainable revenue source of equal rate. • City staff have identified more than 75 mandates from the state and federal governments that have created an unfunded burden of more than $125 million annually with another$110 million identified by Virginia Beach Public Schools.The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates and provide financial support to fill the gaps created by these unfunded mandates. • Maintain local option regarding collective bargaining for public sector employees Flooding and Environment The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large- scale flood relief projects. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund (SLAF)for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund along with improved guidelines for the program that increases the project cap, extends the loan period, and delays interest accrual until project completion. 5 Str 7 44 , .4 POLICY PRIORITIES Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations, including greater authority to localities to enforce their zoning ordinances as they relate to short term rentals. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated fundingto police,fire, and emergency medical services. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology including expanding local authorityto install speed enforcement cameras beyond school and construction zones and enable the use of noise abatement devices to better enhance the quality of life in our neighborhoods. • The City of Virginia Beach requests that the General Assembly provide greater resources for localities and the Commonwealth's Office of Hemp Enforcement(OHE)to better educate the public, especially minors, on the risks of possessing and consuming intoxicating hemp products and to better enforce the laws regulating these products,with an emphasis placed on enforcement action plans for retailers who continue to sell intoxicating hemp products. 6 '~- --� POLICY PRIORITIES Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi- modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit(HRT)to protect and enhance transit programs and funding including appropriate essential, consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts bythe General Assemblyto protect vulnerable road users, including pedestrians and cyclists. • The City of Virginia Beach supports efforts to promote micromobility options while also improving safety and user education related to e-bikes. 7 CHARTER AMENDMENT Protecting the Blue Line Background: In 1979,the City of Virginia Beach established a growth boundary, known as the Green Line,to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts,with residential zones north and agricultural ones south.The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004,the City's Public Utilities Department introduced the Blue Line,which established a hard stop for further southernly expansion of City water and sewer services.While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan,the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council is required to extend City water and sewer service south of the Blue Line. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue tine" shalt be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No land use application to the City Council south of the blue line creating a more intense use than the then-current approval for such property on the effective date of this legislation shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council 8 - CODE AMENDMENT De-listing Short-term Rentals Background: The short-term rental(STR) market in Virginia Beach is a vital part of the city's tourism and lodging network. Because of this,the City of Virginia Beach has taken steps to improve the process to register as an STR operator while strengthening safety and preserving the character of neighborhoods. There are more than 3,000 STRs operating in Virginia Beach at any given time. However, only about half operate within the state and local regulations.A major loophole in enforcement is that the owner of a non-compliant property can maintain their listing on STR platforms despite not adhering to regulations. Currently, localities do not have the authority to compel STR platforms to remove listings of non- compliant listings without time-consuming and costly court action. To improve enforcement, public safety, and peaceful enjoyment of neighborhoods,the Commonwealth should grant localities the ability to require STR platforms to delist non-conforming STR listings. Request: The City of Virginia Beach requests that the General Assembly adopt legislation that grants localities the authority to require an STR platform to remove a nonconforming STR listing and refund/cancel bookings for that listing. 9 CODE AMENDMENT E-Bike Safety Background: E-bikes offer a convenient, eco-friendly mode of transportation, but theirs peed and accessibility also introduce unique safety cha Lie nges—particularlyfor younger or inexperienced riders.The increased presence of e-bikes on roads, sidewalks, and shared paths has led to a rise in accidents and near- misses involving pedestrians, motorists, and other vulnerable users, such as children and seniors. To address these concerns,the City of Virginia Beach urges the General Assembly to adopt enhanced regulations aimed at improving safetyfor all a-bike users and the broader public. Clear, enforceable rules are essential to minimizing hazardous interactions and ensuring that public spaces remain safe, accessible, and welcoming to everyone. With thoughtful regulation,Virginia can continue to embrace the benefits of a-bike use while protecting the health and safety of its communities.> Request: The City of Virginia Beach requests that the General Assembly adopt safety regulations aimed at improving safety for all a-bike users and the broader public. 10 CODE AMENDMENT Establish the Emergency Responder Grant Fund and Program Background: Firefighters and emergency responders are regularly exposed to toxic chemicals, carcinogens, and hazardous materials while on the job—even with protective gear. Research has shown alarming evidence indicating that firefighters are at a significantly higher risk of developing cancer compared to the general population. Studies from esteemed organizations such as the National Institute for Occupational Safety and Health (NIOSH), the International Association of Fire Chiefs (IAFC), and the National Fire Protection Association (NFPA) have consistently documented the relationship between firefighting and an increased risk of various cancers. A state-funded cancer screening program would ensure early detection,which is critical to improving survival rates and reducingthe long-term costs of treatment. Request: The City of Virginia Beach requests that the Generat Assembly establish and fund a grant program administered bythe Virginia Department of Fire Programs to provide funding to localities for cancer screenings for first responders. 11 CODE AMENDMENT Expanding the allowable expenses under"Four for Life"funding Background: Expanding the allowable expenses under the "Four for Life" program is a necessary and timely adjustment that recognizes the evolving needs of emergency medical services (EMS) agencies across the Commonwealth.While the current statute limits the use of"Four for Life"funds to training and the purchase of equipment and supplies,this narrow scope fails to account for the ongoing operational and logistical demands faced by EMS providers. Modern EMS operations require not only up-to-date equipment and properly trained personnel, but also safe and functional facilities, properly maintained vehicles, and adequate funding for essential day-to-day operations that ensure agencies can respond effectively to emergencies. Broadening the statute to include maintenance,facility improvements, permitted vehicle support, and other necessary operating costs would provide localities with the flexibility to meet their unique needs and ensure a stable, sustainable EMS infrastructure. Furthermore,the proposed revision maintains the core intent of the"Four for Life"funding—to enhance prehospital emergency medical services-while providing localities with a more realistic and practical toolkit for using these funds. Local leaders are best positioned to assess their own communities' needs and granting them the discretion to allocate funds for operational expenses deemed necessary ensures that resources are used where they are most impactful. Request: The City of Virginia requests that the General Assembly adopt legislation that expands the allowable expenses under the"Four for Life" program. Proposed language: Amend Virginia Code Section 46.2-694 Fees for vehicles designed and used for transportation of passengers; e.Twenty-six percent shall be returned by the Comptroller to the locality wherein such vehicle is registered,to provide funding for training of volunteer or salaried emergency medical services personnel of nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health and for the purchase or maintenance of necessary equipment,atesupplies,facilities,vehicles permitted by the Virginia Office of EMS, and other operating expenses deemed necessary by the locality to ensure the provision of emergency medical services in that locality for use in stleh ioeaiity#of by nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health. 12 -�� CODE AMENDMENT Increase the Fire Programs Fund Background: The Virginia Fire Programs Fund is derived from an annual one percent assessment of fire related insurance coverage. The Fund is used to provide an annual population-based allocation to localities throughout the Commonwealth,through the Aid to Localities Program (ATL). Funding supports the critical needs of Virginia Fire Departments, but with the significant rise in the cost of equipment and fire apparatus, the funding is no longer sufficient. According to a study conducted by the Virginia Fire Programs, across the Commonwealth calls for service have increased by 40% over the last three years while funding at the state level has remained relatively the same for 20 years. The last increase in the Virginia Fire Programs Fund occurred in 1995, going from .8%to 1%. Request: The City Council requests that the General Assembly increase the annual assessment levied on businesses that sell fire insurance premiums from the amount of one percent of the total direct gross premium income for such insurance to one and a half percent. Proposed language: Amend Virginia Code Section 38.2'Insurance, Chapter 4. 38.2-401. Fire Programs Fund: The Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in§38.2-1921 that contain insurance as defined in §§38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of one and one half percent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by§38.2-403. In anyyear in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of$100,there shall be so apportioned and assessed against such company a contribution of$100. 13 a CODE AMENDMENT Low-impact Utility Markings Background: Members of City Council and community stakeholders have previously shared concerns regarding the number of unsightly utility markings on sidewalks and streets, especially within the resort area, and have requested updates to regulations or policies to discourage the use of long-lasting paint/marking products. State law currently requires all underground utilities be marked per American Public Works Association standards prior to commencement and for the duration of a construction/excavation project. The City of Virginia Beach has made strides in trying to reduce and eradicate the markings, including developing new guidelines and investing in the additional staff and equipment needed to remove them, however, the number of utility markings remains a concern. Request: The City Council requests that the General Assembly grant localities the authority, by ordinance,to require the use of low-impact markings when identifying utility locations in officially designated tourism zones. Language: Amend State Corporation Commission Rule 20VAC5-309-110. General Marking Requirements. J. If the use of line marking is considered damagingto property(driveways, landscaping, historic locations, designated tourism districts,to the extent boundaries are known), "spot" marking or other suitable marking methods shall be used. 14 CODE AMENDMENT Marsh Terrace Project Permit Background: The City of Virginia Beach is leading an effort to design and permit marsh terraces within Bonney Cove, Located in the Back Bay National Wildlife Refuge.The project will restore valuable habitat for Back Bay fish and wildlife species, improve water quality, and reduce flood impacts by reducing wave heights and water velocities. Periods of sustained southerly winds push water from Currituck Sound into Back Bay, increasing water levels by several feet and flooding low-lying lands, homes, and critical roadways.Analysis has indicated that increased sea levels and marsh loss are significant contributing factors.The project site was strategically selected as it offers an opportunity to restore approximately 260 acres of marsh island habitat, utilizing a nature-based solution that both provides benefits to the natural ecosystem and in preventing flooding. However, earlier this year the project was denied the required permit from the Virginia Marine Resource Commission (VMRC)due to the discovery of submerged aquatic vegetation (SAV). SAV is a valuable resource for the watershed. But the Marsh Terrace project will create an ecosystem that will promote SAV and allow it to thrive, restore valuable habitat for Back Bayfish and wildlife species, and improve water quality while providing critical flood protection benefits. The benefits of this project far outweigh the impact both for the environment and for city residents, but the regulations set out by the VMRC do not allow for that distinction. The General Assembly should take action to permit this project to move forward. Request: The City of Virginia Beach requests that the General Assembly authorize the Virginia Marine Resource Commission to permit the marsh terrace project and allow it to move forward. Language: Amend Virginia Code Section 28.2-1205. Permits for the use of state-owned bottomlands "A local government whose borders are adjacent to the Back Bay and its tributaries who is intending to construct wetlands within the Bonney Cove section of Back Bay and its tributaries,for the purposes of marsh restoration and/or creation shall be authorized by the Virginia Marine Resources Commission when the acreage of restored and/or created wetlands together with acreage promoting regrowth of submerged aquatic vegetation equals or exceeds the total acreage of direct impacts to submerged aquatic vegetation, plus direct impacts to "vegetated wetlands of Back Bay and its tributaries" , and direct impacts to "nonvegetated wetlands." 15 '~-�•" CODE AMENDMENT Menhaden Fishing Regulation Background: Atlantic menhaden is a small, nutrient-dense fish that supports healthy marine and estuarine ecosystems in the Chesapeake Bay and throughout the coast.As a keystone forage fish, menhaden form a critical link between the bottom and top of the food chain. Menhaden are largely regarded as one of"the most important fish in the sea."When menhaden populations are unhealthy or unsustainably harvested, othervital fisheries,tourism industries, and the health of the Chesapeake Bay are negatively impacted. The state of Virginia is allowed roughly three-quarters of the coastwide menhaden harvest limit(nearly 350 million pounds),the majority of which comes from inside and adjacent of the Chesapeake Bay. Despite the concentrated, high-volume menhaden harvests in Virginia's waters, menhaden science in Chesapeake Bay is "woefully inadequate,"according to the Virginia Institute of Marine Science. Recreational fishing is a tremendous economic driver in Virginia Beach, contributing to the City's nearly $3 billion tourism economy.The positive economic and cultural impacts of recreational fishing depend on productive fisheries, thriving ecosystems, and a healthy menhaden population. Request: The City of Virginia Beach requests the General Assembly devote additional resources to better understand the ecology of menhaden in the Chesapeake Bay region and to direct the Virginia Marine Resources Commission to implement additional conservation-minded management strategies for the Menhaden Reduction fishery for Virginia's waters. • Prohibit industrial reduction fishing in Virginia's waters until adequate science is developed to determine the sustainability of removing large volumes of this key forage species from the Chesapeake Bay estuary. • Implement quota periods forthe Chesapeake Bay Reduction Cap, to mitigate impacts of concentrated industrial fishing effort in the Bay. • Adopt time and area closures in order to protect important predator species, such as osprey. • Require fisheries observers on all purse-seine fishing trips within the Chesapeake Bay. Funding to come from a Virginia reduction landings fee established by the Commonwealth. 16 rt n CODE AMENDMENT "Pop-up" Event Zones Background: Across the country,tourist destinations are facing a growing crisis: how to maintain public safety and essential government services in an era where anyone can use social media to rapidly organize large- scale gatherings.Again and again, cities and towns popular with visitors have been blindsided by well- intentioned but unpermitted events that spiral out of control—often with dangerous consequences. One such example occurred in Virginia Beach, where a single weekend saw the police make 53 arrests, file over 200 charges, and confiscate 28 firearms—all while respondi:ngto multiple chaotic stampedes triggered by fears of gunfire.These are not isolated incidents—they are part of an increasingly frequent and unsustainable pattern that demands urgent action. In response, several jurisdictions—including Maryland, Florida, and the District of Columbia—have enacted legislation empowering local governments to address these spontaneous social media-driven events.These measures include the authority to establish special enforcement zones, impose curfews for unaccompanied minors, limit occupancy on public and private properties, increase penalties for traffic violations, and recover costs from event organizers to cover the additional burden on public services. Without similar tools,tourist destinations across the nation remain vulnerable to these unpredictable and potentially dangerous events. Request: The City of Virginia Beach requests that the General Assembly provide the authority for a locality to create a "Pop-Up Zone"that includes the following: Pop-Up Event Zone Requirements Definitions "Pop-Up event' means an unpermitted temporary activity or event organized or promoted via a social media platform where more than 50 people are expected to attend. "Pop-Up Event Zone" means a contiguous area on or along a roadway,street, or highway which is designated by warning signs.The term includes all parking structures, parking lots, and any other property,whether public or private, immediately adjacent to or along the designated area. 17 Advance Notification Localities must provide a minimum of 24 hours'public notice before a Pop-Up Event Zone is activated. Public Information Webpage A dedicated webpage must be launched detailing all enhanced enforcement measures, including: • Any reduced speed limits(with specific new limits clearly listed) • Curfew times for unaccompanied minors (with exact start and end times) Zone Signage at Entry and Exit Points Clearly visible signage must be posted at all ingress and egress points of the Pop-Up Zone, informing the public that: • A Pop-Up Event Zone is active • Traffic fines are doubled within the zone Speed Limit Signage(if applicable) If speed limits are reduced within the zone, additional signage must be installed to clearly indicate the new speed limit to motorists. Pop-Up Event Zone Enforcement Powers Enhanced Traffic Fines Localities may impose increased traffic fines within the Pop-Up Zone, not to exceed$500 per violation Temporary Speed Limit Reductions: Authorities may reduce posted speed limits within the zone to enhance pedestrian and vehicular safety Occupancy Limit Enforcement Localities may establish and enforce occupancy limits on both public and private property within the Pop-Up Zone Cost Recovery from Event Organizers Governments may recover all relevant costs and fees incurred from the designation and enforcement of the Pop-Up Zone directlyfrom event organizers Curfew for Unaccompanied Minors A curfew may be imposed for unaccompanied minors, beginning as early as 6:00 PM. Minors must be accompanied by a parent or legal guardian during curfew hours 18 t!'i'tiL Budget Request City of Virginia Beach Budget Requests Organization Budget Language Amount Requested Virginia Beach Fire Department Out of the first year of the $1,775,000 budget,the City of Virginia Beach requests funding to support VBFD's Urban Search & Rescue Task Forces (VATF-2) Virginia Beach Police Out of the first year of the $1,000,000 Department budget,the City of Virginia Beach requests funding to support gun prevention violence, of which funding will go towards the City's Parks After Dark Program and to upgrade equipment needs that will support safety in neighborhoods Virginia Aquarium Out of the first year of the $250,000 budget,the City of Virginia Beach requests funding to supportthe Virginia Aquarium's Stranding Program Virginia Aquarium The City of Virginia Beach Up to$10,000,000 requests support for the renovation and expansion of the Virginia Aquarium City Manager's Office Out of the first year of the $250,000 budget, the City of Virginia Beach requests additional support for the renovation of Courthouse office space in Building 10 19 '�- -• Budget Request Empowering Local Governments: Funding Unfunded Mandates Through Partnership Background: Local governments across Virginia are burdened with significant costs from both state and federal unfunded mandates. In Virginia Beach alone, these costs exceed $251 million annually*—equal to 30 cents of every 97-cent real estate tax dollar. Without new revenue sources, localities will face difficult choices: raise taxes or reduce essential services. A key example is the Veterans Disabled Tax Relief Program,which reduces Virginia Beach's revenue by $36 million annually.While the value of these mandates is undeniable,the financial burden is unsustainable. Empowering local governments with targeted taxing authority will help meet unfunded mandate obligations without raising real estate taxes or cutting critical services. It's a fiscally responsible partnership that strengthens both the Commonwealth and local governments. Request: The City of Virginia Beach requests that the General Assembly expand taxing authority to generate new, sustainable revenue streams. New Revenue Opportunities 1. Cannabis Marketplace • 2025 Proposal: 2.5%local tax=$20M/year by 2031 • Proposed Increase: 5% local tax=$40M/year by 2031 2. Skill Games 0 2025 Proposal: 2.25% local share=$15M/year a Proposed Increase: 5% local share = $33.5M/year 3. I-Gaming • 15% state tax generates$150M-$400M/year • Proposed Local Tax: 0 5% _$53M-$133M/year 0 2.5%_$26.5M-$66.75M/year Existing Revenue Streams-Expand Local Share • 4. Online Sports Gambling • Current: 15% state tax=$92M/year(no local share) • Proposed:Add 5% local tax= $30.7M/year 20 • Daily Fantasy Sports: If the General Assembly moves forward with regulating and taxing DFS similar to online sports gambling, then a local government tax should be included. 5.Tobacco Products • State revenue: $225M/year from cigarettes and other tobacco taxes • Localities capped at 40� per pack or their current rate; no authority to tax other tobacco products • Proposals: o Remove capon local cigarette taxes o Add local tax on "other"tobacco that is equal to'/z state tax=$27.5M/year 6. Modernizing the Sales Tax to Include Digital Downloads and Streaming • State revenue estimates: $200M -$500M • 1% local tax estimate: $40M -$100M Summary of Local Government Revenue Potential: Scenario Annual Local Revenue Low Estimate $198.2 million High Estimate $364.7 million 21 .4 v:n: Brent McKenzie Legislative Affairs Director 757-837-9572 1 bmckenzieiavbgov.com Office of the City Manager I Municipal Center Bldg 1 2401 Courthouse Drive I Virginia Beach,VA 23456 Virginia Beach.gov ,�o��►A:B�c 0, City Council Policy Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Sept. 19,2023 Date of Revision:N/A Page 1 of 2 1.0 Purpose and Need The City Council desires to convey legislative requests and policy positions to the Virginia General Assembly that may be considered during the General Assembly session.These requests and policy positions are communicated to the General Assembly through the City Council's annual General Assembly Legislative Agenda. The purpose of this policy is to provide guidance regarding the adoption of that Legislative Agenda. This policy addresses the particular procedures required for the City Council to propose a legislative agenda item for consideration, to initiate a request to amend the City Charter, and the process to approve the adoption of the General Assembly Legislative Agenda. As a general matter, the City Council prefers its Legislative Agenda avoid national concerns that are not germane to the business of the City and the City Council. 2.0 Requirements for the Initial Draft of the Legislative Agenda A draft Legislative Agenda shall be presented by the City's Legislative Liaison in satisfactory draft form to City Council by October 15 of each year. A legislative agenda item for the draft legislative agenda may be proposed in one of three manners: 1. Proposed by the Mayor 2. Proposed by at least three members of the City Council 3. Proposed by a City Department and approved by the City Manager If one or more members of the City Council is a liaison to a board or commission, it is typical for this member to be one of the three sponsors for a legislative request originating from such board or commission. A request to add an item to the Legislative Agenda shall be made to the City Manager and the City's Legislative Liaison.The City Manager and the City's Legislative Liaison will prepare a first draft of the Legislative Agenda to be presented to the City Council. After the first presentation of the draft Legislative Agenda, a public comment shall be placed on a City Council meeting agenda to receive the input of the residents upon the draft Legislative Agenda. 3.0 The Legislative Agenda After receipt of input from the residents, the City Manager shall provide an opportunity for the City Council to discuss the Legislative Agenda at an Informal Session or Workshop meeting. The members shall be provided an opportunity to ask questions and seek input from the City Staff. At the conclusion of such meeting, the City Council may provide direction to the City Manager regarding items to be included or removed from the initial draft of the Legislative Agenda. Thereafter, the City Manager shall place the Legislative Agenda on the City Council's agenda to allow formal consideration of the Legislative Agenda. 4.0 Policy for Adoption of the Legislative Agenda The City Council may adopt the Legislative Agenda in a single motion in a manner that is analogous to the City Council's adoption of its consent agenda. Any single member may request an item be pulled from the Legislative Agenda to be considered individually.The City Council hereby imposes upon itself a requirement that the Legislative Agenda, as a whole or individual agenda items, require an affirmative vote of two-thirds of the members of the City Council. Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Date of Revision: N/A Page 2 of 2 5.0 Post-adoption Supplement(s)to the Legislative Agenda At any time after the adoption of the Legislative Agenda,the Mayor or any combination of three(3) members of the City Council may make a request to supplement the Legislative Agenda. The form of such supplement shall be a resolution to add an item to the Legislative Agenda. The vote threshold required for such resolution is an affirmative vote of two-thirds of the members of the City Council. In addition,after the adoption of the legislative agenda, during the course of the General Assembly session, the Legislative Liaison may request that the City Council take a position on proposed legislation or budget amendments that are up for consideration. 6.0 City Charter Amendment Process Pursuant to the Code of Virginia, a request by the City Council to the General Assembly to amend the City Charter requires either a public hearing or a referendum.Any referendum request shall be made by the City Council at least 81 days prior to the November election in compliance with Virginia Code§24.2-682(B). The Mayor or the combination of any three (3) members of the City Council may request the placement of an advertisement in the newspaper for a public hearing to amend the City Charter. This request can be made in writing and a copy of the request shall be provided to all members of the City Council. Upon receipt of such request, the City Attorney in coordination with the City Clerk and the City's Legislative Liaison shall prepare the appropriate notice for the newspaper and scheduling of the public hearing. A request to amend the City Charter may be included in the draft Legislative Agenda, but the adoption of such request shall be by separate resolution. While unanimity is preferred, the City Council hereby imposes upon itself a requirement that such resolution be adopted by an affirmative vote of three-fourths of the members of the City Council. If adopted, the request to amend the City Charter, the publisher's affidavit, and a certified copy of the City Council's minutes shall be available to the General Assembly in compliance with Virginia Code§ 15.2-202. I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Procedure for Land Use Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 90.77+/- acres located at 5548 Buzzard Neck Road y q k- 4A�4:� Public Notice Proposed Charter Amendment Slue Line Land Use Supermajority Requirement On Tuesday,October 7,2025,at 6:00 pm in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to requestthe General Assembly amend its City Charter. This proposed amendment would add Section 2.03 to the City Charter to read as follows: Section 2,03.Procedure for Land Use Approvals South of the Blue Llne (a)As used in this section.the"blue line"shall be a line running along North Landing Road to Indian River Road.then extends eastward to New Bridge Road,then proceeding north until it intersects with Sandbridge Road,then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b)No land use application to the City Council south of the blue line creating a more intense use than the then-current approval for such property on the effective date of this legislation shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. The hearing is open to the public and all interested citizens will have an opportunity to be heard.Individuals desiring to provide written comments may do so by contacting the City Clerk's Orrice. If you are physically disabled or visually impaired and need assistance at this meeting please call(757)385- 4303. Hearing impaired,TDD-711. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757- 3854303 prior to 5:00 p.m.on September 16, 2025. 2. Download WebEx and view the meeting at htLl)$://vbP-ov.wet>ex.com/weblink/register/rl8e4 824ceo53ce14c3027bfa912ddef5 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot-September 26 and September 29,2025. �u e� h 05' Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Add Section 2.03 to the City Charter to Require a Super-Majority Vote to Approve Certain Land Use Approvals South of the Blue Line PUBLIC HEARING DATE: October 7, 2025 MEETING DATE: October 21, 2025 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. This proposed amendment will define the "blue line" and subject any land use application south of the blue line that authorizes a more intense use than the then- current approval to a super-majority 3/4 affirmative vote. Exhibit A, attached hereto, provides the proposed text of the requested Section 2.03. The "blue line" runs along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. The City Council believes that enacting the proposed charter request is a statement of the Council's commitment to preserving the rural character of the southern part of the City. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing was held on October 7, 2025. ■ Attachments: Resolution, Exhibit A Requested by Mayor Dyer and Vice Mayor Wilson REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO APPROVE CERTAIN LAND 4 USE APPROVALS SOUTH OF THE BLUE LINE 5 6 WHEREAS, the City Council received a briefing on a proposed Charter 7 Amendment at its September 23, 2025, Workshop; 8 9 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A; 10 11 WHEREAS, after due advertisement, the City Council conducted a public hearing 12 on the proposed Charter Amendment at its October 7, 2025, Formal Session; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby requests the General Assembly add Section 2.03 to the 18 City Charter to increase the vote threshold for certain land use approvals south of the 19 Blue Line. The attached Exhibit A, which is incorporated herein, provides the requested 20 text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ) 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: i y Aftorney s Office CA16988 R-1 September 29, 2025 EXHIBIT A CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending.The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004,the City's Public Utilities Department introduced the Blue Line,which established a hard stop for further southernly expansion of City water and sewer services.While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan,the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council is required to extend City water and sewer service south of the Blue Line. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No land use application to the City Council south of the blue line creating a more intense use than the then-current approval for such property on the effective date of this legislation shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council 1 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 90.77 acres of land located at 5548 Buzzard Neck Road (GPINs: 2308-67-0487, 2308-67-9275, 2308- 77-1255,2308-56-8457,and 2308-57-0200),in the City of Virginia Beach,Virginia,pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City.Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $1,523,773. The public hearing,which may be continued or adjourned,will be held by the City Council on Tuesday.October 7.2025. at 6:00 p.m.,in the City Council Chambers located on the 2nd floor of the City Hall Building,2401 Courthouse Drive,Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. If you wish to make comments virtually duringthe public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m. on September 16, 2025. 2. Download WebEx and view the meeting at h ❑s�//vbgov w x m/w blin it eist r/r1 824ce053ce14c3027bfa912ddef5 All interested parties are invited to participate. Amanda Barnes,MMC PILOT: 09/21/25 and 09/28/25 w 7 }uf tl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Bonney G. Bright (90.77+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $1,523,773, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: October 7, 2025 MEETING DATE: October 21, 2025 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of five (5) parcels having approximately 90.77 acres outside of marshland and swampland, is owned by Bonney G. Bright. The parcels are located at 5548 Buzzard Neck Road (GPINs: 2308-56-8457, 2308-57-0200, 2308-67-0487, 2308-67-9275, and 2308-77-1255) and are shown on the attached Location Map. Under current development regulations, there is a total development potential of fifteen (15) single-family dwelling building sites, of which one (1) building site is being reserved due to a mobile home on the property. The proposed purchase price, as stated in the ordinance, is $1,523,773. This price is the equivalent of approximately $16,787 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.595% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.595% (2% over quote) without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. Matching funds through the Virginia Department of Forestry may be available for reimbursement of a portion of this purchase. . The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (September 21, 2025 and September 28, 2025). The Public Hearing will be held on October 7, 2025. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager:A� 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM BONNEY G. BRIGHT (90.77+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $1,523,773, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $1,523,773; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.595% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.595% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $453,018.00 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 2025. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and anagement Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: �/a i a�4_ All Director of Finance City Attorney's Office CA16751 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d 014\p052\01032161.doc R-1 September 25, 2025 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2025-1'7'7 SUMMARY OF TERMS SELLER: Boruiey G. Bright PROPERTY: 5548 Buzzard Neck Road(GPINs:2308-56-8457,2308-57-0200,2308-67-0487, 2308-67-9275, and 2308-77-1255) PURCHASE PRICE: $1,523,773 CASEMENT AREA: 90.77 acres, more or less DEVELOPMENT POTENTIAL: Fifteen (15) single-family building sites (I reserved due to mobile home on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.595%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA"). Rate may not exceed 6.595% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one(1) year following execution and delivery of the IPA. g r "77 WA, A 7: iF e 2 2308-67-0487 �n n N N ; • • 2308-57-0200 r 2308-56-8457 1 - ea e: CITY 10 _0 . j / • BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Is Applicant also the Owner of the subject pror2:PROPERTY Yes 19 if no, Property Owner must complete SECTION OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes() No,lgo� If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes()No4 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity?relationship with the applicant. (Attach list if necessary.) E - Does the subject property have a proposed or pending purchaser? Yes N 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® N4 If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, / cross-collateralization, etc.) () ✓1/ Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 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. sv 7- Applicant ame (Prin Ap 'ic"naturate 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 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): Staff a (Print Staff Qnature Date Disclosure Statement I�rev.�M a y-2024 � page 2 of 3 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to DESIGNATE October 2025 as Breast Cancer Awareness Month and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink lighting (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Remick and Schulman) 2. Resolution to DESIGNATE November 3, 2025 as Alzheimer's Awareness Day and AUTHORIZE the City Manager to illuminate certain city facilities in teal (Requested by Vice Mayor Wilson and Council Members Cummings, Hutcheson, Remick, Ross-Hammond and Schulman) 3. Resolution to DESIGNATE Bridle Creek Boulevard in honor of Timothy "Timbaland" Mosley (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Hutcheson,Jackson-Green and Ross-Hammond) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to Agreement for Use and Support of a Solid Waste Disposal System with Southeastern Public Service Authority of Virginia (SPSA) re extend renewal term 5. Ordinance to AUTHORIZE the City Manager to negotiate the terms and conditions for the transfer of Virginia Beach School Board Property to the City at 4622 and 4722 Jericho Road re park use 6. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road 7. Ordinance to AUTHORIZE and CONVERT a part-time position to full-time position in the City Attorney's Office re assist with increased workload 8. Ordinance to AUTHORIZE and APPROPRIATE bonuses for City staff 9. Ordinance to ACCEPT and APPROPRIATE $341,252 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2025-26 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 10. Ordinance to ACCEPT and APPROPRIATE $218,830 from the Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund to the FY 2025-26 for Capital Improvement Program #100640, "Stumpy Lake Dam Improvements" and AUTHORIZE a local match redesign and construction cddam modifications 11. Ordinance to ACCEPT and APPROPRIATE $127,603 from the Virginia Department of Motor Vehicles (DMV) to the FY 2025-26 Police Department Operating Budget and AUTHORIZE a 50% in-kind grant match re overtime and equipment expenses related to the seatbelt and speed enforcement 12. Ordinance to ACCEPT and APPROPRIATE $90,000 from the National Aeronautics and Space Administration (NASA) to the FY 2025-26 Department of Information Technology Operating Budget re support part of the City's Lead Data Scientist's salary 13. Ordinance to ACCEPT and APPROPRIATE $48,463 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2025-26 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25% grant match re drug and alcohol testing services 14. Ordinance to ACCEPT and APPROPRIATE $45,502 from the Virginia Department of Motor Vehicles (DMV) to the FY 2025-26 Police Department Operating Budget and AUTHORIZE a 50% in-kind grant match re overtime, training, and equipment expenses related to the DUI enforcement 15. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Criminal Justice Services (DCJS) through the Witness Protection Grant to the FY 2025-26 Commonwealth's Attorney Operating Budget re safety planning, emergency food, clothing, childcare and witness transportation Y{':e:A B�CbZZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating October 2025 as Breast Cancer Awareness Month and Authorizing the Illumination of the Greenwich Overpass in Pink Throughout the Month of October MEETING DATE: October 7, 2025 ■ Background: October is Breast Cancer Awareness month. This annual month- long campaign is designed to bring awareness to one of the most common cancers in women. More than 250,000 women are diagnosed with breast cancer each year in the United States, and approximately 42,000 women will die from the disease this year. Men can also be diagnosed with breast cancer. Pink is the universally designated color associated with breast cancer awareness. Utilizing the color pink is a meaningful way to show support for breast cancer survivors and families, to raise awareness about the disease, and to contribute to the fight against breast cancer. It is also a reminder that early detection and research are crucial in saving lives. ■ Considerations: City Council is asking to designate October as Breast Cancer Awareness Month. The City Manager is directed to illuminate the Greenwich overpass with pink lighting in recognition of Breast Cancer Awareness throughout the month of October. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested By Mayor Dyer, Vice Mayor Wilson, and Councilmembers Remick and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS REMICK AND SCHULMAN 1 A RESOLUTION DESIGNATING OCTOBER 2025 AS 2 BREAST CANCER AWARENESS MONTH AND 3 AUTHORIZING THE ILLUMINATION OF THE GREENWICH 4 OVERPASS IN PINK THROUGHOUT THE MONTH OF 5 OCTOBER 6 7 WHEREAS, October is Breast Cancer Awareness month; and 8 9 WHEREAS, this annual month-long campaign is designed to bring awareness to 10 one of the most common cancers in women; and 11 12 WHEREAS, more than 250,000 women are diagnosed with breast cancer each 13 year in the United States, and approximately 42,000 women will die from the disease this 14 year; and 15 16 WHEREAS, pink is the universally designated color associated with breast cancer 17 awareness; and 18 19 WHEREAS, utilizing the color pink is a meaningful way to show support for breast 20 cancer survivors and families, to raise awareness about the disease, and to contribute to 21 the fight against breast cancer. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby designates October 2025 as Breast Cancer 27 Awareness Month; and 28 29 That the City Manager is directed to illuminate the Greenwich overpass with pink 30 lighting in recognition of Breast Cancer Awareness Month throughout the month of 31 October 2025. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City torney's Office CA16986 R-1 September 26, 2024 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating November 3, 2025 as Alzheimer's Awareness Day and Authorizing the Illumination of Certain City Facilities in Teal MEETING DATE: October 7, 2025 ■ Background: November is Alzheimer's Awareness Month. Alzheimer's disease is a progressive brain disorder that causes memory loss, confusion, and other cognitive decline. More than 6.2 million Americans live with Alzheimer's disease. There is currently no cure for Alzheimer's disease, but treatments can help manage symptoms and slow the progression of the disease. Research is ongoing to develop new treatments and prevention strategies for Alzheimer's disease November is a time to raise awareness about Alzheimer's disease and show support for individuals and families affected by Alzheimer's. Teal is used to demonstrate support for Alzheimer's awareness because teal has been shown to be a calming color in psychology color studies. More than 1,300 structures around the world will be illuminated in teal this year to raise awareness and show support for the millions of people impacted by Alzheimer's. ■ Considerations: City Council is asked to designate November 3, 2025 as Alzheimer's Awareness Day. The City Manager is directed to illuminate the Virginia Beach Convention Center, the Virginia Aquarium & Marine Science Center, Building 30, and the Greenwich Flyover with teal lighting in recognition of Alzheimer's Awareness Day on November 3, 2025. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Vice Mayor Wilson and Councilmembers Cummings, Hutcheson, Remick, Ross-Hammond, and Schulman REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS CUMMINGS, HUTCHESON, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 A RESOLUTION DESIGNATING NOVEMBER 3, 2025 2 AS ALZHEIMER'S AWARENESS DAY AND 3 AUTHORIZING THE ILLUMINATION OF CERTAIN 4 CITY FACILITIES IN TEAL 5 6 WHEREAS, November is Alzheimer's Awareness Month; and 7 8 WHEREAS, Alzheimer's disease is a progressive brain disorder that causes 9 memory loss, confusion, and other cognitive decline; and 10 11 WHEREAS, more than 6.2 million Americans live with Alzheimer's disease; and 12 13 WHEREAS, there is currently no cure for Alzheimer's disease, but treatments can 14 help manage symptoms and slow the progression of the disease; and 15 16 WHEREAS, research is ongoing to develop new treatments and prevention 17 strategies for Alzheimer's disease; and 18 19 WHEREAS, November is a time to raise awareness about Alzheimer's disease 20 and show support for individuals and families affected by Alzheimer's; and 21 22 WHEREAS, teal is used to demonstrate support for Alzheimer's awareness 23 because teal has been shown to be a calming color in psychology color studies; and 24 25 WHEREAS, more than 1,300 structures around the world will be illuminated in teal 26 this year to raise awareness and show support for the millions of people impacted 27 by Alzheimer's. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby designates November 3, 2025 as Alzheimer's 33 Awareness Day; and 34 35 That the City Manager is directed to illuminate the Virginia Beach Convention 36 Center, the Virginia Aquarium & Marine Science Center, Building 30, and the Greenwich 37 Flyover with teal lighting in recognition of Alzheimer's Awareness Day on November 3, 38 2025. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2025. APPROVED AS TO LEGAL SUFFICIENCY: �Aiwu.� (i+.. �— City Attorney's Office CA16968/R-2/September 24, 2025 Mw OW,k ro OV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating Bridle Creek Boulevard in Honor of Timothy "Timbaland" Mosley MEETING DATE: October 7, 2025 ■ Background: Timothy "Timbaland" Mosely and his family moved to Bridle Creek Boulevard in Virginia Beach just as he was becoming a teenager. As a teenager, he loved music and the way music could make people feel; he began DJing as "DJ Timmy Tim;" and he had big dreams. At Salem High School, he began a longtime musical collaboration with Melvin "Magoo" Barcliff; he joined a production ensemble that included his cousin, Virginia Beach native Pharrell Williams; and he was friends with brothers Terrence and Gene Thornton, who would become known as Pusha T and Malice; and along with his friend, Portsmouth native Missy "Misdemeanor' Elliot, they would create a fresh and innovative kind of music now known as the "Virginia sound" and established Virginia as one of the East Coast's strongholds in hip-hop. After graduating from Salem High School in 1994, he began producing music, including for R&B singer Ginuwine, but it was his work with Missy Elliot on Aaliyah's second album, One in a Million, and Elliot's debut album, Supa Dupa Fly, that brought him international acclaim and made him one of the most sought-after producers for R&B and hip-hop artists. Working with the leading recording artists of the time, including Jay-Z, Justin Timberlake, Madonna, and Beyonce, among many others, he wrote and produced a catalogue of global chart-topping hits, and he has more top 10 hits than Elvis or the Beetles. While he writes and produces hits for other artists, he also is a recording artist himself, releasing three albums as part of the Virginia-based hip-hop duo Timbaland & Magoo, along with several hit solo albums. His list of accolades includes four Grammy Awards and three Songwriter of the Year Awards, and last year, he was inducted into the Songwriters Hall of Fame. ■ Considerations: In recognition of all that he has accomplished, in appreciation for the music he created that is loved around the world, and in recognition that he got his start in Virginia Beach, this resolution designates Bridle Creek Boulevard in honor of Timothy "Timbaland" Mosely and directs the City Manager to cause signs in honor of Timbaland to be erected on street signs along Bridle Creek Boulevard. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Resolution REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS HUTCHESON, JACKSON-GREEN, AND ROSS-HAMMOND REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS HUTCHESON, JACKSON-GREEN, AND ROSS-HAMMOND 1 A RESOLUTION DESIGNATING BRIDLE CREEK 2 BOULEVARD IN HONOR OF TIMOTHY "TIMBALAND" 3 MOSLEY 4 5 WHEREAS, Timothy "Timbaland" Mosely is a Norfolk native, but he and his 6 family moved to Bridle Creek Boulevard in Virginia Beach just as he was becoming a 7 teenager; 8 9 WEHREAS, as a teenager, he loved music and the way music could make 10 people feel; he began DJing as "DJ Timmy Tim;" and he had big dreams; 11 12 WHEREAS, at Salem High School, he began a longtime musical collaboration 13 with Melvin "Magoo" Barcliff; he joined a production ensemble that included his cousin, 14 Virginia Beach native Pharrell Williams; and he was friends with brothers Terrence and 15 Gene Thornton, who would become known as Pusha T and Malice; and along with his 16 friend, Portsmouth native Missy "Misdemeanor" Elliot, they would create a fresh and 17 innovative kind of music now known as the "Virginia sound" and established Virginia as 18 one of the East Coast's strongholds in hip-hop; 19 20 WHEREAS, after graduating from Salem High School in 1994, he began 21 producing music, including for R&B singer Ginuwine, but it was his work with Missy 22 Elliot on Aaliyah's second album, One in a Million, and Elliot's debut album, Supa Dupa 23 Fly, that brought him international acclaim and made him one of the most sought-after 24 producers for R&B and hip-hop artists; 25 26 WHEREAS, working with the leading recording artists of the time, including Jay- 27 Z, Justin Timberlake, Madonna, and Beyonce, among many others, he wrote and 28 produced a catalogue of global chart-topping hits, and he has more top 10 hits than 29 Elvis or the Beetles; 30 31 WHEREAS, while he writes and produces hits for other artists, he also is a 32 recording artist himself, releasing three albums as part of the Virginia-based hip-hop 33 duo Timbaland & Magoo, along with several hit solo albums; 34 35 WHEREAS, his list of accolades includes four Grammy Awards and three 36 Songwriter of the Year Awards, and last year, he was inducted into the Songwriters Hall 37 of Fame; and 38 39 WHEREAS, in recognition of all that Timbaland has accomplished, in 40 appreciation for the music he created that is loved around the world, and in recognition 41 that he got his beginning right here, in Virginia Beach, on Bridle Creek Boulevard; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH: 45 That the City Council hereby designates Bridle Creek Boulevard in honor of 46 Timothy "Timbaland" Mosely and hereby directs the City Manager to cause signage in 47 honor of Timbaland to be placed on Bridle Creek Boulevard. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 12025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16890 R-5 September 3, 2025 Ste`Nu.�y�T i�lI., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize and Direct the City Manager to Execute on Behalf of the City of Virginia Beach a First Amendment to Agreement for Use and Support of a Solid Waste Disposal System with the Southeastern Public Service Authority MEETING DATE: October 7, 2025 ■ Background: The Southeastern Public Service Authority (SPSA) was established in 1976 to implement a regional solid waste disposal system. SPSA is comprised of eight (8) member localities—Chesapeake, Franklin, Isle of Wight, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Southampton. SPSA is governed by state and federal laws and by Use and Support Agreements between SPSA and the member localities. The Use and Support Agreements are the fundamental documents defining the respective duties and responsibilities of SPSA and its member localities. SPSA and each member locality entered into identical Agreements for Use and Support of a solid waste disposal system on January 25, 2018. The initial term of the current Use and Support Agreement runs through June 30, 2027, and will automatically extend for an initial renewal term of ten (10) years—through June 30, 2037 - unless the member locality provides notice of intent to not renew the Agreement. SPSA's Regional Landfill in Suffolk was established in the early 1980s and has two (2) cells remaining until full build-out. The two remaining cells are permitted but at the current disposal rate, it is estimated the Regional Landfill will reach maximum capacity by 2060. After reaching maximum capacity, waste would have to be hauled to private landfills outside of the SPSA service area at great expense. Projected disposal cost after the Regional Landfill in Suffolk reaches capacity is estimated to exceed $125/ton, compared to today's cost of$67/ton. To provide assured Regional Landfill capacity for SPSA member localities beyond 2060, the volume of waste being disposed of at the landfill must be reduced. On February 5, 2024, SPSA issued a Request for Proposal for Alternative Solid Waste Disposal Services to extend the useful life of the Regional Landfill. SPSA is finalizing negotiations with Commonwealth Sortation, LLC, to provide a mixed waste sorting facility using Al and robotics to remove recyclables and organics. Commonwealth Sortation's mixed waste sorting facility would recycle 20% of the waste and 30% of the waste (the organics) would be processed by pyrolysis creating Biochar. The current blue-can system only recycles about 6-7% of the waste. This Alternative Solid Waste Disposal Service would divert 50% of SPSA's waste from the Regional Landfill and extend landfill capacity through 2095 — an additional 35 years. Commonwealth Sortation, LLC, would invest approximately $200 million in new alternative waste processing facilities in the region with a contractually guaranteed recycle rate of 20%. All eight member localities would receive the same services at the same cost from SPSA. The region would secure assured solid waste disposal capacity to nearly the end of the century, through 2095. Commonwealth Sortation, LLC, is investing significant infrastructure and capital into the region and has requested a corresponding commitment from SPSA and its member localities. SPSA is asking each member locality to execute an Amendment to the Use and Support Agreement that would renew the agreements for 25 years, until June 30, 2052, instead of the current 10 years. The requested Amendment for the agreement extension would only be effective if the following actions occur: ➢ At least 75% of the SPSA Board members approve a resolution authorizing amendments identical to all member locality agreements; ➢ At least 75% of SPSA member localities execute the amendment; ➢ At least 75% of the SPSA Board members authorize a contract with Commonwealth Sortation, LLC; and ➢ Both SPSA and Commonwealth Sortation, LLC, execute the contract. SPSA advises there would be a phased "ramp up" of processing capabilities through 2028. ■ Considerations: SPSA has requested that each Member Locality amend their individual current Use and Support Agreement to extend the current term by twenty-five (25) years, no later than December 1, 2025. The extension of the Use and Support Agreements will allow SPSA and Commonwealth Sortation, LLC, to finalize a long-term Waste Supply and Services Agreement. Extending the current Use and Support Agreement will allow SPSA to pursue a long-term solution to manage Solid Waste for Virginia Beach and the other Member Localities through 2095. If the Use and Support Agreements are not extended, Commonwealth Sortation LLC will not move forward with the roughly $200 million investment for new alternative waste processing facilities in the region and the Regional Landfill in Suffolk will reach maximum capacity in 2060. The City currently has a contract with TFC Recycling, LLC, to provide blue can recycling service to residents. This contract has an initial term of four years, which would end September 2028. The overlap of terms between the TFC Recycling Contract and the SPSA Amendment will have a budgetary impact that may require the City Council to supplement the Waste Management Enterprise Fund, but the need for such supplementation will be resolved when the TFC Recycling Contract ends and SPSA is managing a single stream of collection that requires only one set of trucks for collection. ■ Public Information: Normal Council Agenda process. At the City Council's Workshop on September 9, 2025, Thomas Leahy, SPSA Chairman, provided an informational briefing regarding the need for the Amendment. ■ Attachments: Resolution; Exhibit A: "First Amendment to Agreement for Use and Support of a Solid Waste Disposal System" Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: ,J 1 A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY 2 MANAGER TO EXECUTE ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH A FIRST AMENDMENT TO AGREEMENT 4 FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL 5 SYSTEM WITH THE SOUTHEASTERN PUBLIC SERVICE 6 AUTHORITY 7 8 WHEREAS, the Southeastern Public Service Authority ("SPSA") was created in 9 1976 by concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, 10 Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (the 11 "Member Localities") ; 12 13 WHEREAS, Virginia Beach and the other member localities entered into Use and 14 Support Agreements (the "Agreements"), which define the duties and responsibilities of 15 SPSA and the Member Localities; 16 17 WHEREAS, all of the current Agreements run through June 30, 2027, and will 18 automatically extend for an initial renewal term of ten years through June 20, 2037, unless 19 the member locality provides notice of intent to not renew its Agreement; 20 21 WHEREAS, SPSA is working with Commonwealth Sortation LLC to provide a 22 mixed waste sorting facility with a guaranteed recycle rate of 20%; and 23 24 WHEREAS, SPSA is asking each member locality to execute a First Amendment 25 to the Use and Support Agreement that would renew the agreements for 25 years, until 26 June 30, 2052, instead of the current 10 years and more clearly define "recyclable waste" 27 for purposes of the Agreement. 28 29 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA, THAT: 31 32 The City Manager is hereby authorized and directed, on behalf of the City of 33 Virginia Beach, to execute the "First Amendment to Agreement for Use and Support of a 34 Solid Waste Disposal System," a copy of which is attached hereto as Exhibit A and 35 incorporated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices �lr n e yNT64ice CA16976 R-1 September 25, 2025 FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM THIS FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM("Amendment")is made effective as of ,2025,by and between the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA ("Authori "), and the ("Member Locality"). RECITALS WHEREAS, effective as of January 25, 2018, the Authority and each SPSA Member entered into identical Agreements for Use and Support of a Solid Waste Disposal System (the agreement executed by the Member Locality will be referred to as the "Agreement," and the agreements with each SPSA Member are collectively referred to as the"Post-2018 Use& Support Agreements"). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. WHEREAS, the Initial Term of the Agreement runs through June 30, 2027, and will automatically extend for an initial Renewal Term of ten (10) years unless the Member Locality provides notice of intent to not renew the Agreement by no later than eighteen (18) months prior to June 30,2027; WHEREAS, on February 5, 2024, the Authority issued a Request for Proposal for Solid Waste Disposal Services(RFP 01-24) (as amended, the"RFP")to establish one or more contracts through competitive negotiation for the acceptance and processing, recycling, recovery, reuse and/or disposal of 100% of the waste delivered by or on behalf of the Authority to contractor's permitted facilities, and for such contractor(s) facilities to serve as a Designated Disposal Mechanism; WHEREAS,the Authority and Commonwealth Sortation LLC("Contractor')are currently in negotiations to finalize a long-term Waste Supply and Services Agreement ("WSSA") under which Contractor will provide the services described in the RFP (the "Project") for a period of at least twenty (20) years from the date the Project is operational, which period will extend well beyond the Initial Term and first Renewal Period; and WHEREAS, to ensure the Authority's ability to provide Municipal Solid Waste for the length of the proposed WSSA and to allow Contractor to secure reasonable financing for the Project, the Authority has requested that each SPSA Member amend their individual Post-2018 Use & Support Agreements to extend the Term and make other clarifying revisions. AGREEMENT NOW THEREFORE, in consideration of the promises and mutual obligations set forth in the Agreement, as amended by this Amendment, and other good and valuable consideration, the receipt of which is acknowledged by the parties, the Authority and the Member Locality agree as follows: I-2906650.3 1. Article II, Section 13 of the Agreement is amended and restated in its entirety as follows: Recyclable Waste—Any Solid Waste that(1)pursuant to Virginia's Solid Waste Management Regulations (or other relevant Applicable Law) in effect from time to time, or pursuant to prevailing commercial practices in the waste management industry at the applicable time, (a) can be used or reused,modified for use or reuse, or prepared for beneficial use or reuse as an ingredient in an industrial process to make a product or as an effective substitute for a commercial product or(b) is otherwise processible (or reprocessible)to recover a usable product or is regenerable to another usable form, in each case,however, expressly excluding "residual" Solid Waste generated in connection with any such modification,preparation and/or processing for use, reuse, recovery and/or regeneration of other Solid Waste to the extent that such"residuals"cannot be categorized as "Recyclable Waste" in accordance with the foregoing; and(2) is segregated by a SPSA Member for reuse, recovery and/or regeneration. 2. The Member Locality is willing to amend the Agreement to extend the Term provided that the following conditions have occurred(collectively,the"Approval Requirements"): (1) the Board of Directors of the Authority (the "Board") has passed a resolution approved by at least seventy-five percent (75%) of the Board authorizing amendments identical to this Amendment for each Post-2018 Use&Support Agreement;(2)at least seventy-five percent(75%) of the SPSA Members have executed such amendment; (3) the Board has passed a resolution approved by at least seventy-five percent (75%) of the Board designating Contractor and/or Contractor's facilities as a Designated Disposal Mechanism and authorizing the Executive Director of the Authority to execute the WSSA with Contractor on behalf of the Authority; and(4)both the Authority and Contractor have signed and delivered to each other the finalized WSSA. 3. If and when all of the Approval Requirements have been met, then Article III, Section 1(a) of the Agreement is amended and restated in its entirety as follows: This Agreement shall become effective as of the Agreement Effective Date and shall continue thereafter for an initial term(the "Initial Term") ending at midnight on June 30, 2052, unless earlier terminated(i)by the Member Locality in accordance with the provisions of Section 2 below or(ii) in accordance with Section 3 below. For the avoidance of doubt, the Authority and the Member Locality acknowledge and agree that the amendment to Article III, Section 1(a)will only take effect if all of the Approval Requirements have been met and, if that never occurs,then Article III, Section 1(a) shall not be amended. 2 I-2906650.3 4. Miscellaneous.Except as modified in this Amendment,the terms and conditions of the Agreement shall remain unchanged and in full force and effect. The headings in this Amendment are for the purposes of reference only and shall not limit or define the meaning of the provisions of this Amendment. In the event of a conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall govern. This Amendment may be executed in counterparts, which when taken together shall constitute one complete document. Facsimile and/or electronically delivered scanned copies of this Amendment signed by the parties shall be binding and enforceable as if the same were an executed original. IN WITNESS WHEREOF, the Authority and the Member Locality have caused this Amendment to be executed on their behalf and their seals to be affixed and attested by officials thereunto duly authorized, all as of the date and year first above written. ATTEST: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By: Executive Director ATTEST: [INSERT NAME OF LOCALITY] By: [City Manager/County Administrator] APPROVED AS TO FORM: [City/County Attorney] 3 I-2906650.3 nu ro 4 .'„ dip• Z CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance Authorizing Negotiations of the Terms and Conditions for the Transfer of Virginia Beach School Board Property Located on Jericho Road to the City of Virginia Beach for Park Use Meeting Date: October 7, 2025 ■ Background: The Virginia Beach School Board (the "School Board") owns three properties located at 4622 and 4722 Jericho Road, identified as GPINs: 1478-40-4330, 1478-30-7312, and 1478-30-9728 (the "School Parcels"). The School Parcels contain the Pembroke Elementary School and the former Bayside 61h Grade Campus buildings. In 2024, the School Board voted to move Bayside 6th Grade Program into Bayside Middle School, leaving the former Bayside 6th Grade Campus building vacant. Subsequently, the School Board appointed an Ad Hoc Committee, consisting of School Board Members, Virginia Beach City Council Members, School and City staff members, and representatives of the Aragona and Pembroke Manor Civic Leagues, to review and make recommendations regarding the disposition of the portion of the School Parcels no longer being used by the School Board. The Ad Hoc Committee recommended that the School Board transfer to the City of Virginia Beach (the "City") approximately 13.71 acres of the School Parcels (the "Property") to be utilized for park and passive recreation purposes. On August 12, 2025, the School Board adopted a Resolution authorizing the Superintendent or designee and legal counsel for the School Board to work with the City to negotiate mutually agreeable terms and conditions for the transfer of the Property, a copy of which is attached to the Ordinance as Exhibit A. City Council is being asked to similarly authorize City staff to negotiate with the School Board the terms and conditions for the transfer of the Property to the City for park use. The negotiated terms and conditions of any transfer and acceptance of the Property will come back to City Council for approval at a future meeting. ■ Considerations: The Parks and Recreation Department has identified the Property as being in a high-needs location without reasonable access to a public park space. In order to effectuate the transfer of the Property to the City, the School Board will need to demolish the former Bayside 6th Grade Campus building and cause the School Parcels to be resubdivided into two parcels — the Property and the remainder to be retained by the School Board for Pembroke Elementary School. It is anticipated that at a future School Board meeting, the School Board will 1) adopt a Resolution to declare the Property surplus and approve transfer to the City, and 2) approve a Resolution requesting that a portion of its reversion funds be applied to the costs associated with demolition of existing improvements, resubdivision of the School Parcels, and other costs associated with the transfer. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Attachments: Ordinance, School Board Resolution (Exhibit A), Summary of Terms (Exhibit B), Location Map Recommended Action: Adoption of Ordinance Submitting Department/Agency: Public Works / Real Estate City Manager: 06LD 1 AN ORDINANCE AUTHORIZING NEGOTIATIONS 2 OF THE TERMS AND CONDITIONS FOR THE 3 TRANSFER OF VIRGINIA BEACH SCHOOL BOARD 4 PROPERTY LOCATED ON JERICHO ROAD TO 5 THE CITY OF VIRGINIA BEACH FOR PARK USE 6 7 WHEREAS, the Virginia Beach School Board (the "School Board") owns three 8 properties on Jericho Road, identified as GPINs: 1478-40-4330, 1478-30-7312 and 1478- 9 30-9728 (the "School Parcels"); 10 11 WHEREAS, the School Board appointed an Ad Hoc Committee, consisting of 12 School Board Members, Virginia Beach City Council Members, School and City staff 13 members, and representatives of the Aragona and Pembroke Manor Civic Leagues, to 14 review and bring back recommendations regarding the disposition of portions of the 15 School Parcels no longer in use by the School Board as possible surplus; 16 17 WHEREAS, as recommended by the Ad Hoc Committee, the School Board desires 18 to transfer to the City of Virginia Beach (the "City") approximately 13.71 acres of the 19 School Parcels (the "Property") for park and passive recreation purposes, 20 21 WHEREAS, on August 12, 2025, the School Board adopted a Resolution 22 authorizing the Superintendent, or designee, and legal counsel for the School Board to 23 work with City personnel to negotiate mutually agreeable terms and conditions for the 24 transfer of the Property, a copy of which is attached hereto as Exhibit A, and made a part 25 hereof; and 26 27 WHEREAS, the City desires to enter into negotiations with the School Board to 28 negotiate the terms and conditions for the transfer of the Property. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT, 32 33 1. The City Manager, or designee, and legal counsel for the City are hereby 34 authorized and directed to proceed with negotiating mutually agreeable terms and 35 conditions for the transfer of the Property from the School Board to the City, including 36 entering into a nonbinding term sheet, so long as such terms are consistent with the 37 Summary of Terms attached hereto as Exhibit B, and made a part hereof. 38 39 2. The City Manager is directed to present the final proposed terms and 40 conditions to City Council for approval and authorization prior to executing binding 41 documents for the transfer of the Property to the City. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY: J P li Works / Real Estate or e CA16746 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d012\p053\01073086.docx R-1 September 25, 2025 N EXHIBIT A VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J.Brown,Chair Carolyn D.Weems,Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W.Cummings Rose M.Dwyer Sharon R.Felton District 7 District 1 At-Large Dr.Alveta J.Green Kimberly A.Melnyk Melinda J.Rogers District 4 District 2 District 5 Donald E.Robertson,Jr.,Ph.D.,Superintendent RESOLUTION NEGOTIATION FOR DISPOSITION OF CERTAIN JERICHO ROAD PROPERTIES WHEREAS,the School Board owns three properties on Jericho Road;and WHEREAS,on June 23,2023,the School Board appointed an Ad Hoc Committee to Study Open Space Uses for School Board Property on Jericho Road("Ad Hoc Committee")and charged the Ad Hoc Committee to study and bring back recommendations regarding open space uses for any unneeded school property that is located on Jericho Road;and WHEREAS,the Ad Hoc Committee included School Board Members,City Council Members,knowledgeable School Division and City staff members and representatives of the Aragona and Pembroke Manor Civic Leagues whose neighborhoods have long advocated for repurposing of any unneeded school property on Jericho Road to address the need for services and facilities in these neighborhoods;and WHEREAS,on March 19,2025,the Ad Hoc Committee submitted its Report and Recommendations of the Ad Hoc Committee to Study Open Space Uses for School Property on Jericho Road; and WHEREAS,on July 8,2025,the School Board considered the recommendations of the Ad Hoc Committee;the consensus of the School Board is to accept the Ad Hoc Committee's recommendation that the School Board transfer an approximately 13.71 acre portion of the School Board's property,which is a portion of the former site of the Bayside 6 campus,to the City of Virginia Beach for park and passive recreation purposes on terms and conditions which are acceptable to both the School Board and the City,including identification of funding for necessary demolition of existing improvements,resubdivision work necessary to create a separate parcel,parks and recreation uses for the property which are compatible with the surrounding neighborhoods and the existing school which will remain,and other terms and conditions. NOW,THEREFORE,BE IT RESOLVED l. That the School Board authorizes the Superintendent or designees and legal counsel for the School Board to work with City representatives to negotiate mutually agreeable terms and conditions for the transfer to the City of the portion of the Jericho Road's property which is no longer needed for school purposes. 2. That the proposed terms and conditions for the transfer of such property to the City be presented to the School Board at a later date for School Board consideration,any necessary public hearing and decision. 3. That a copy of this Resolution and the March 19,2025 Report and Recommendation of the Ad Hoc Committee to Study Open Space Uses for School Property on Jericho Road be transmitted to the City Council,the City Clerk and the City Manager. 40opted by the School Board of the City of Virginia Beach,Virginia,this 121"day of August 2025. ;�'�: • ti� Kathleen J. Brown, School Board Chair ro S'.iJ 1 IIL :: ATTEST: �D�y .,,. `9�`l. Re a M.Toneatto,School Board Clerk 3S d�N�. Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 1 Virginia Beach,Virginia 23456-0038 EXHIBIT B SUMMARY OF TERMS SCHOOLBOARD PARCELS: Three adjoining parcels located at 4622 and 4722 Jericho Road in the City of Virginia Beach, Virginia (GPINs: 1478-40-4330, 1478- 30-7312, and 1478-30-9728) ("School Board Parcels") PROPERTY: An approximately 13.71-acre portion of the School Board Parcels ("Property") PARTIES: City of Virginia Beach ("City") School Board of the City of Virginia Beach ("School Board") PURPOSE: School Board to transfer Property to City for use as a public park and passive recreation site. COST: No purchase price for the Property. PERPETUAL USE RESTRICTION: The Property will be transferred to the City subject to a use restriction ensuring the continued use of the Property as a public park site, open space and passive recreation, and for other limited public purposes that support public infrastructure compatible with the community needs of the surrounding neighborhoods. SPECIAL TERMS: School Board will be responsible for demolishing existing improvements to grade and resubdividing the School Board Parcels, at its cost. City may assist in the resubdivision and recording the plat. Property to be conveyed AS IS/WHERE IS, without any warranties. No fixed time period for City to install park facilities, which shall be in the City's discretion. LOCATION MAP =r I�12 1478-30-9728 eR RD Old Treatment �c B2 Qoo�' "'� Plant - � � Pembroke ES � - oor� Former Bayside 641 R7.5 yQ Grade Campus ,HD 1478-30-7312 1478-40-4330 �zc � 4 4r W AM �B „1�L3 � f . . --- — n t Pembroke ES +i- 17.81 Acres r f Possible Excess Property +:- 13.71 Acres a. I x� r -AiIi: 41-1 I � c 1 J r }- Sy �p1U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure of a Portion of Lake Drive Adjacent to 2444 Pleasure House Road MEETING DATE: October 7, 2025 ■ Background: On October 17, 2023, by Ordinance ORD-3753D, City Council approved the request by Commonwealth Brewing Company, LLC, a Virginia limited liability company (the "Applicant")to close a 7,130 sq. ft. portion of Lake Drive (the "Right- of-Way"), adjacent to its property located at 2444 Pleasure House Road (GPIN: 1570-50-2725), for the purpose of incorporating the closed area into its adjoining property. ■ Considerations: There were six (6) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of (a) a public utility easement over the entire "Area 1" of the Right- of-Way; and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall convey "Area 2" of the closed portion of the Right-of-Way to the City of Virginia Beach. 4. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within "Area 1" of the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be Commonwealth Brewing Company, LLC Page 2 of 2 provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right- of-Way and within Area 2 of the Right-of-Way. 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 (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. On September 18, 2024, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3753D. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3787B, approved the extension until October 16, 2025. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department, therefore, it will not be ready to record prior to the deadline to meet the conditions. On September 19, 2025, the Applicant requested additional time to satisfy the conditions and staff concluded that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager:rh�D 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF COMMONWEALTH BREWING 4 COMPANY, LLC FOR THE CLOSURE OF A 5 PORTION OF LAKE DRIVE ADJACENT TO 6 2444 PLEASURE HOUSE ROAD 7 8 WHEREAS, on October 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Commonwealth Brewing Company, LLC (the "Applicant") for the 10 closure of a 7,130 sq. ft. portion of Lake Drive, adjacent to its property located at 2444 11 Pleasure House Road; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3753D) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before October 16, 2024; 16 17 WHEREAS, on September 18, 2024, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 19 adopted on October 15, 2024 (ORD-3787B), City Council approved the extension until 20 October 16, 2025; and 21 22 WHEREAS, on September 19, 2025, the Applicant requested an additional one- 23 year extension of time to satisfy the conditions to the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting conditions of closure as stated in the Ordinance 29 adopted on October 17, 2023 (ORD-3753D), upon application of Commonwealth 30 Brewing Company, LLC, is extended to October 16, 2026. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 33 of 2025. 34 35 No GPIN assigned (City Right-of-Way) 36 Adjacent to GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16752 R-1 September 24, 2025 REFERENCES: LEGEND AND ABBREVIATIONS: 1. BOUNDARY INFORMATION TAKEN FROM BOUNDARY AND BSL BUILDING SETBACK LINE TOPOGRAPHIC SURVEY PREPARED BY MID-ATLANTIC SURVEYING ESMT EASEMENT AND LAND DESIGN AND DATED 06/23/2021. ROW RIGHT OF WAY L DENOTES TOTAL AREA OF ROW TO BE CLOSED (7,130 SF(0.16 AC) NOTES: AREA 1 5,053 SF/0.11 AC 1. THIS EXHIBIT 15 INTENDED TO SHOW THE iNTENDED LOCATION AND AREA 2 2,077 5F/0.05 AC NATURE OF THE EXTENT OF THE PROPOSED ROAD CLOSURE AND EASEMENTS INDICATED RELATIVE TO THE OTHER ITFMS SHOWN, BEERY VENTURES LLC % l N _ 0.00' INST/20190131000080aJ6 > 1941 N' r MB570-50-295 9 PG 61 Ar-P 5SS,"16ri'fS5 C4Si 04 31.42 f_ GPIN: 19 00 ;y (l1 B. 1301, x 298) a S74' 19' 80"4 _._ Nlr c Ji0-5 <: 113.75' J CITY OF&G1NlA EACH N ��799 < PS-302 It J (D.9 1301, P6. ?96) o Z D GPIN.• 15705OJ91600LV h N15' 4b' 18:20'E J / `�90.00' - \`., i:., S74' 19' 41.80"E N15` 40' 48.20"E.' J• 36.13' a to 50.00' aoE`11 e I AREA 2 / EAST z ,� 1�DIl� �jL� J PORTION OF ROW e, B orr! AREA: 2,077 SF P R�20.00' V; (0.05 AC) ��9s6" F � � 28' 32.70'W 31.42' J 51.15' m 7 19 4 0"w Z i24 5' N74. 19' so a J 46.94' =) f J f' N/f 'ao AREA 11 PORTI N 0 c Cb ONWEALTH BREIHNG COMPANY T� , OF ROW =PARCEL A, EILK. 6 N CHESAPEAKE SHORES "/-9 AREA: 5,053 SO 11'5�TR#20170315DD0214250; MB 8 P 82 INSTf2 022 0 301 1 25.001 (0.11 AC) ) GPIN: 1570-50-2725-0000 ,� Z STREET CLOSURE EXHIBIT SHOWING: PORTION OF LAKE DRIVE BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES(MB.8,P.82,MB.9,P.61 AND INSTRA201731500021 4250)TO BE CLOSED VIRGINIA BEACH,VIRGINIA JULY 18,2023 / SCALE: 1"=30' C58b DB:IS CB: IS JSE PROJECT#: 0662101 John Sandow Engineering,LLC 41D4 Clintwood Lane 0 40 Virginia Beach,VA 23452 20 Phone:757-377-6971 LLLLLLLj Feet www.johnsandowengineering.com SCALE:11 t 30, v� m �.ak D R-SR ° � �ri��� R5R o > D � B2 m co e� D Q r.L / DD R5 R e 4gr9� z �RSR e N ® Site Property Polygons Commonwealth Brewing Company, LLC W E Zoning Portion of the 50-foot right-ofway of Lake Drive, east of Pleasure S 0 Building House Road & 2440 & 2444 Pleasure House Road Feet 0 2040 80 120 160 200 240 Disclosure Statement Disclosure Statement y . - { 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 Commonwealth Brewing Company,LLC Does the applicant have a representative? It Yes ❑No • if yes,list the name o1 the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?W. Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Jeramy Blggie.President e If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when Ill one business entity has a controlling ownership interest in the other business entity,fill 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. SlI i,Ft Commonwealth Brewing Company, LLC Agenda Items 2&3 Page 14 r Disclosure Statement t , Discfa tyre statement �lenmuni��. l! } .n t Knqwn_,!qtgrVst by PubII5 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 061 No • If yes,what is the name of the official or employee and what is the nature of the interest? ilcant 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,identity the financial institutions providing the service. Chesapeake Beach Volunteer Fire and flescue Department,Inc.;Navy Federal Credit Union;US Small Business Administration 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future Saks of the subject property? ❑Yes k No • If yes,identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tar returns provided in connection with the subject of the application or any business operating or to be operated on the property?W. Yes ❑No • ifyes,identify the firm and individual providing the service. Ginger Pickett,CPA 4. Does the applicant have services from an arc hitect/tand scape architect/Land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes W 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 W NO • tf yes,identify the purchaser and purchaser's service providers. Rev,sed I 052020 2 l P a g e Commonwealth Brewing Company,LLC Agenda Items 2 &3 Page 15 ' Disclosure Disclosure Statement c,ti•Jtra,H,►:� Planning&Cemmunitr e 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 11013 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?M Yes ❑No • If yes,identify the firm and individual providing the service. John Sandow,John Sandow Engineering,LLC 8, is the applicant receiving legal services In connection with the subject of the application or any business operating of to be operated on the property?V Yes ❑No • If yes,identify the firm and individual providing the set vice. R.Edward Bourdon,if.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 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,t 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. Commonwealth Brewing Company,LLC Applicant Sl�teture - Jeramy 8 i ie,President — —-----------._ .., Print Name and Tide Date Is the applicant also the owner of the subject property? 0 Yes ❑No a If yes,you do not need to fill out the owner disclosure statement. FdR CITY LISI a ® N.cli w m 1''� 1 2o2s.o9.as s�n'tt"a � 31 Commonwealth Brewing Company,LLC Agenda Items 2 &3 Page 16 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Conversion of 0.60 Part-Time FTE to 1.0 Full-Time FTE in the City Attorney's Office MEETING DATE: October 7, 2025 ■ Background: The City Attorney's Office requests the conversion of a vacant 0.6 part-time Associate City Attorney position to a 1.0 full-time Associate City Attorney position to support the City Attorney's Office Real Estate Section. The Real Estate Section of the City Attorney's Office has seen a large increase in workload due to an increase in various Public Works projects such as road, sidewalk, Clean Water Act, and stormwater. The vacant Associate City Attorney position was previously filled by an experienced attorney, who was able to complete a greater workload than would typically be expected of a part-time position. ■ Considerations: The City Attorney's Office is requesting the additional full-time Associate City Attorney position to adequately process the increased workload the Real Estate section of the office has seen. Due to the increase in Public Works projects, the number of City Council authorized condemnations increased to its highest amount in 2024 with 250 parcels. This number is nearly six times the annual average (39) over the prior 14 years and is more than three times the highest count in one year (73 in 2015). This position will be responsible for various Capital Improvement Program projects, sales of City property, leases, street closures, Developmental Services Center reviews, title research, and encroachments. Per section 3 of the FY 2025-26 Operating Budget Ordinance, full-time permanent positions may only be authorized by City Council. If approved, the cost to convert from a from part-time to full-time position will be covered through vacancy savings within the General Fund within the current fiscal year. On an annual basis, the additional cost is approximately $44,500. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney's Office City Manager/V 1 AN ORDINANCE TO AUTHORIZE THE CONVERSION OF 2 0.60 PART-TIME FTE TO 1.0 FULL-TIME FTE IN THE CITY 3 ATTORNEY'S OFFICE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A 0.6 part-time FTE within the City Attorney's Office is hereby converted to 1.0 full- 9 time FTE to support the City Attorney's Office Real Estate Section. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J Budget and nagement Services City Att rney's Office CA16977 R-1 September 22, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Bonuses for City Staff and Appropriate the Necessary Funds for Implementation MEETING DATE: October 7, 2025 ■ Background: During FY 2025-26 Reconciliation, the City Manager was directed to provide the City Council with a mid-year report on additional compensation options, for those not receiving market salary-related adjustments. In response to this direction, staff within Human Resources and Budget and Management Services developed the following recommendations for the implementation of a bonus: • An amount of 1.5% of base salary for full-time employees (in line with the Commonwealth's recent bonus) • An amount of$250 for all active part-time employees • Bonuses will be calculated up to $100,000 of salary (max bonus is $1,500) • Will be provided to all non-sworn full-time and part-time City staff with the exception of City Council, the five City Council appointees, and Constitutional Officers. • To be provided in late October 2025 in a lump sum. Most other funds will be able to absorb the cost associated with the bonus without the additional appropriation of funds, however, some funds such as the Waste Management Enterprise Fund may need support from the General Fund to ensure all payroll obligations are met through year end. For that reason, the ordinance will allow for flexibility to transfer payroll funding from the General Fund to other funds only if needed after final payroll amounts are known. ■ Considerations: The City will also be able to appropriate funds from the Commonwealth for state-supported positions in the offices of the five constitutional officers, and has already appropriated funds for state supported positions within the Department of Human Services. Therefore, a full $5.4 million will not be needed from the General Fund itself. An appropriation of approximately $5 million would not materially change the fund balance percentage, and any unspent funds (vacant positions, reimbursement from the Commonwealth, etc.) would fall back to the fund balance of the General Fund at the end of the fiscal year. In order to receive reimbursement from the State Compensation Board for the staff of the constitutional officers, payment must be made and certified prior to October 31, 2025. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager:m 1 AN ORDINANCE TO AUTHORIZE BONUSES FOR CITY 2 STAFF AND APPROPRIATE THE NECESSARY FUNDS 3 FOR IMPLEMENTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT- 7 8 1) $4,893,641 is hereby appropriated from the Fund Balance of the General Fund to 9 provide bonuses to all non-sworn full-time and part-time City staff except for City 10 Council, City Council appointees, and the Constitutional Officers. 11 12 2) $55,435 is hereby appropriated from the State Compensation Board of the 13 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 14 26 Operating Budget of the Office of the Commonwealth's Attorney to provide a 15 1.5% one-time bonus payment. 16 17 3) $320,347 is hereby appropriated from the State Compensation Board of the 18 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 19 26 Operating Budget of the Sheriff's Office to provide a 1.5% one-time bonus 20 payment. 21 22 4) $42,973 is hereby appropriated from the State Compensation Board of the 23 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 24 26 Operating Budget of the Clerk of the Circuit Court to provide a 1.5% one-time 25 bonus payment 26 27 5) $14,337 is hereby appropriated from the State Compensation Board of the 28 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 29 26 Operating Budget of the Office of the City Treasurer to provide a 1.5% one-time 30 bonus payment. 31 32 6) $12,788 is hereby appropriated from the State Compensation Board of the 33 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 34 26 Operating Budget of the Office of the Commissioner of the Revenue to provide 35 a 1.5% one-time bonus payment. 36 37 7) Notwithstanding other budgetary controls, the City Manager is hereby authorized 38 to transfer funds between departments and funds in furtherance of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services rney's Office CA16980 R-1 September 23, 2025 .o� c CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate Grant Funds to Expand Access to Preschool Services MEETING DATE: October 7, 2025 ■ Background: The Department of Parks and Recreation's early childhood programs are licensed through the Virginia Department of Education and serve some of the City's youngest population (three-to five-year-olds). The program's focus is on social- emotional learning, building life-long skills, and preparing the children for kindergarten. The Old Dominion University Research Foundation (ODU) in coordination with the Virginia Early Childhood Foundation provide grant funds to support programs focused on expanding access to the publicly funded preschool services for unserved and underserved three to four-year-old children. This grant provides up to $13,650 per program participant who meets certain financial requirements and will allow the Department of Parks and Recreation to dedicate 25 spaces for children to receive services at Williams Farm Recreation Center. ■ Considerations: By participating in this grant program, the Department of Parks and Recreation's early childhood programs will be able to increase the access of the City's most vulnerable population to high quality preschool services, improve program quality through class support, engage families in the decision-making process, and promote racial equality in access to high quality early childhood programs. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager:/)IV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO EXPAND ACCESS TO PRESCHOOL 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $341,252 is hereby accepted from the Virginia Early Childhood Foundation and 9 Old Dominion University Research Foundation and appropriated, with revenue increased 10 accordingly, to the FY 2025-26 Operating Budget of the Department of Parks and 11 Recreation for the purpose of support programs focused on expanding access to 12 preschool services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ity A torney's Office CA16975 R-1 September 22, 2025 f " " sti; 'ilL`wv i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Conservation and Recreation's Dam Safety, Flood Prevention, and Protection Assistance Fund and to Authorize a Local Match MEETING DATE: October 7, 2025 ■ Background: In 1989, the General Assembly established the Flood Prevention and Protection Assistance Fund, which later evolved into the Dam Safety, Flood Prevention, and Protection Assistance Fund (DSFPPAF), to "provide grants to public and private dam owners whose dams are under state regulation and to help local governments improve methods for flood prevention and protection." As of 2025, the DSFPPAF provides up to $10 million annually across the Commonwealth. In February 2025, the Department of Public Utilities identified Capital Project 100640 "Stumpy Lake Dam Improvements" as an applicable use for DSFPPAF grant funding. Stumpy Lake Dam is currently in need of modifications to bring it into compliance with the Commonwealth's Dam Safety Regulations and address capacity deficiencies. The project began in FY 2023-24 and is still in the early phases. Public Utilities requested $218,830 in grant funding for the design of the dam improvements. In June 2025, the Virginia Department of Conservation and Recreation approved the grant request for the full amount of$218,830. If accepted, the Commonwealth will provide funding on a reimbursement basis upon the completion of the design work specified in the grant request. The City will also be required to provide matching funds of $218,830. Design for the project is anticipated to last through June 2026, after which point construction will begin and is expected to last approximately two years. ■ Considerations: If approved, the City is required to provide a match of$218,830. The match will come from previously appropriated funds from Capital Project 100640 "Stumpy Lake Dam Improvements." The project currently has $630,000 appropriated, of which $480,000 is budgeted for design costs. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Public Utilities City Manager:#9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION'S DAM SAFETY, 4 FLOOD PREVENTION AND PROTECTION ASSISTANCE 5 FUND AND TO AUTHORIZE A LOCAL MATCH 6 7 WHEREAS, the Virginia General Assembly established the Dam Safety, Flood 8 Prevention and Protection Assistance Fund grant program to help local governments 9 improve methods for flood prevention and protection; and 10 11 WHEREAS, the City has identified that Stumpy Lake Dam is in need of 12 modifications to provide better flood prevention and protection; and 13 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 1. $218,830 is hereby accepted from the Dam Safety, Flood Prevention and 18 Protection Assistance Fund and appropriated, with state revenues increased 19 accordingly, to the FY 2025-26 Capital Improvement Program to project 20 #100640, "Stumpy Lake Dam Improvements." 21 22 2. A local match of$218,830 is hereby authorized through currently-appropriated 23 funds within Capital Project #100640 "Stumpy Lake Dam Improvements." 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: B dget and Vanagement Services orne s Office_ CA16983 R-1 September 23, 2025 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100640 Title:Stumpy Lake Dam Improvements Status:Approved Category:Water Utility Department:PUBLIC UTILITIES Ranking:0 Project Type I Project Location Project Type:New Facility Construction/Expansion I District:7 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 3,230,000 630,000 0 2,600,000 0 0 0 0 0 Description and Scope -his project provides funding for the design and construction of Stumpy Lake Dam structural improvements and upgrade of dam,spillway,and outfalls,as well as acquisition of necessary easements and right-of-way to meet regulatory requirements and support the function of the lake as a raw water resource. Purpose e purpose o t e project is to clesign and construct nee a improvements tot the Stumpy Lake Dam. Without the project,Stumpy Lake Dam would not-be in :ompliance with current Virginia Dam Safety Regulations. This project directly supports the mission and goals for Public Utilities,to include providing safe and eliable water and wastewater services;investing responsibly to ensure infrastructure is reliable and resilient to meet current and future needs;safeguarding eater resources and protecting public health and the environment;promoting trust within our community;and balancing capital investment needs with long- :erm affordability. History and Current Status -his project first appeared in the FY 2023-24 CIP. In July 2024,this project received a total of$150,000 transferred from 100341-Rosemont Road Phase V Water mprovements to fund impounding structure deficiencies identified during annual inspection. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/24-06/26 480,000 Construction 07/26-06/28 2,150,000 Contingencies 07/24-06/28 600,000 0'`�55`aOp00ll Drt Total Budgetary Cost Estimate: 3,230,000 Means of Financing Funding Subclass Amount Local Funding 3,230,000 Total Funding: 3,230,000 0 9Z 9 A O FY 2025-26 TO FY 2030-31 244 CAPITAL IMPROVEMENT PROGRAM 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of Speed and Seatbelt/Occupant Protection Laws and to Authorize an In-Kind Grant Match MEETING DATE: October 7, 2025 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are not speeding in the city. The Speed Enforcement grant will be active from October 1, 2025, through September 30, 2026. Officers will use the funding for overtime needed for targeted speed and seatbelt enforcement. ■ Considerations: The grant provides $127,603 in federal pass-through funding from the DMV. This funding consists of $88,001 for officer overtime; $14,100 for six (6) lidar units, $13,002 for four (4) motorcycle handheld radars and two (2) dual directional radar units, and $12,500 for five (5) radar units. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:" 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SPEED AND 3 SEATB ELT/OCCU PANT PROTECTION LAWS AND TO 4 AUTHORIZE AN IN-KIND GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $127,603 is hereby accepted from the U.S. Department of Transportation 10 National Highway Traffic Safety Administration via the Virginia Department of Motor 11 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2025- 12 26 Police Department Operating Budget for overtime and equipment expenses related to 13 the seatbelt and speed enforcement. 14 15 2. The local grant match of in-kind resources within the Police Department 16 equal to 50% of the federal funds is hereby authorized. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services orney's Office CA16985 R-1 September 24, 2025 u s s; i' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the National Aeronautics and Space Administration to the Department of Information Technology MEETING DATE: October 7, 2025 ■ Background: The Department of Information Technology has been awarded $90,000 from the National Aeronautics and Space Administration (NASA) as part of the Supporting Hampton Roads Community Climate Resiliency with NASA Climate Science Investigator (CAST) Science Grant. This opportunity will focus on maintaining climate readiness for the NASA centers and surrounding communities by using satellite sensor- based Analysis-Ready CASI and Prediction Of Worldwide Energy Resources (POWER) Climate Projections to provide flood hazard analysis, forecasting, and risk assessments to support community and urban resilience in Hampton Roads. The grant funding will support part of an existing FTE's salary in the amount of$30,000 annually for three years. The grant period is November 1, 2024 -October 31, 2027. The City's Lead Data Scientist would assist in the proposed project by serving as the Data Testing, Validation, and Integration Lead in the role of Co-Investigator for Supporting Hampton Roads Community Climate Resiliency with NASA (CASI) Science. NASA Langley Research Center will in turn utilize their expertise to assist with community resilience research. ■ Considerations: There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Information Technology City Manager:/*) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE NATIONAL AERONAUTICS AND 3 SPACE ADMINISTRATION TO THE DEPARTMENT OF 4 INFORMATION TECHNOLOGY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $90,000 is hereby accepted from the National Aeronautics and Space 10 Administration and appropriated, with revenues increased accordingly, to the FY 2025- 11 26 Operating Budget of the Department of Information Technology to support part of the 12 City's Lead Data Scientist's salary in the amount of $30,000 annually for the next three 13 years. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci Attorney's Office CA16982 R-1 September 23, 2025 }�s a1• z± V �DJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Certain Recovery Court Expenses and to Authorize a Local Match MEETING DATE: October 7, 2025 ■ Background: The Statewide Universal Drug Testing Grant is offered through the Supreme Court of Virginia, Office of the Executive Secretary. This program helps localities administering drug courts in the Commonwealth by providing funding for drug and alcohol testing. On September 19, 2025, the Office of the Commonwealth's Attorney received notification of the approved grant award of $48,463 in state funds for FY 2025- 26 for drug and alcohol testing services. The grant period is from October 1, 2025 - September 30, 2026. The Office of the Commonwealth's Attorney will partner with Averhealth to expand the program's ability to provide increased testing services and notifications for participants to enhance early detection of relapse and to confirm compliance with medication management requirements for participants receiving Medication-Assisted Treatment. ■ Considerations: There is a 25% cost sharing match and match funds will be provided by the Office of the Commonwealth's Attorney through existing approved salary funds. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager:QV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR CERTAIN RECOVERY COURT EXPENSES 3 AND TO AUTHORIZE A LOCAL MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $48,463 is hereby accepted from the Supreme Court of Virginia, Office of the 9 Executive Secretary, and appropriated, with revenues increased accordingly, to 10 the FY 2025-26 Operating Budget of the Office of the Commonwealth's Attorney 11 to provide drug and alcohol testing services. 12 13 2. The local match of 25% is hereby authorized within the Office of the 14 Commonwealth's Attorney from existing resources. 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: B dget and Management Services Lorws Office CA16979 R-1 September 23, 2025 .,�e , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: October 7, 2025 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2025, through September 30, 2026. Officers will use the funding for overtime and equipment needed for targeted DUI enforcement, and for two (2) officers to attend annual training. ■ Considerations: The grant provides $45,502 in federal pass-through funding from the DMV. This funding consists of $40,002 for officer overtime; $4,500 for ten (10) Preliminary Breath Test (PBT) units. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: *_� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $45,502 is hereby accepted from the U.S. Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia 10 Department of Motor Vehicles and appropriated, with federal revenue increased 11 accordingly, to the FY 2025-26 Police Department Operating Budget for overtime, 12 training, and equipment expenses related to DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department 15 equal to 50% of the federal funds is hereby authorized. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orn s Office CA16984 R-1 September 24, 2025 u yy5 �='L.,1•.�p�z'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services for Witness Protection Expenses MEETING DATE: October 7, 2025 ■ Background: The Office of the Commonwealth's Attorney has been awarded $25,000 from the Virginia Department of Criminal Justice Services through the Witness Protection Grant. This program helps localities with providing temporary assistance to help alleviate potential intimidation of witnesses. This funding will support safety planning, emergency food, clothing, and other measures, such as childcare and witness transportation, for people who are witnesses to a serious crime. Crimes eligible for Witness Protection funds must have been committed in Virginia, involved the threat of force or the use of force, and the witness of the crime cannot be a perpetrator or accessory to the criminal act(s) in question. The grant period runs from July 1, 2025, through June 30, 2027. ■ Considerations: There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Managervw 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES FOR WITNESS 4 PROTECTION EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $25,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with revenue increased accordingly, to the FY 2025-26 11 Operating Budget of the Office of the Commonwealth's Attorney to support safety 12 planning, emergency food, clothing, and other measures, such as childcare and witness 13 transportation, for people who are witnesses to a serious crime. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C�'44o r�ne Office CA16981 R-1 September 23, 2025 L. PLANNING 1. CONCORDE APTS L.P. / NORFOLK PREMIUM OUTLETS, LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional A-36 Apartment District re construct 180-unit multifamily development and a Variance to Section 4.4.(b) of Subdivision Regulations re lot width and street line frontage at parcel directly southwest of 5945 Burton Station Road DISTRICT 4 RECOMMENDATION: APPROVAL 2. WEST NECK COMMUNITY ASSOCIATION, INC. for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re outdoor recreational facility at parcel east of 3072 Signature Circle DISTRICT 2 RECOMMENDATION: APPROVAL 3. SS NEWTOWN LLC DBA ARROWHEAD CAR CARE/ARROWHEAD THREE LLC for a Conditional Use Permit re automotive repair garage at 5773 Arrowhead Drive, Suite 107 DISTRICT 1 RECOMMENDATION: APPROVAL 4. THE CHURCH IN VIRGINIA BEACH for a Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 RECOMMENDATION: APPROVAL 5. JAY ERNY/ HERMAN DOUGLAS PASCHALL REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1524 Gum Bridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. MARK & SOMER BROWN / WILD ACRES FARMS VB, LLC for a Conditional Use Permit re outdoor recreation facility at 5917 Blackwater Road DISTRICT 2 RECOMMENDATION: APPROVAL 7. MICHAEL BACLE / MICHATL_D&—SUSAN_"ACLE for a Conditional Use Permit rfirewoo preparation facility at parcel directly southeast of 1625 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 8. BELINDA GAIL HILL for a Conditional Use Permit re home-based wildlife rehabilitation center at 709 De Laura Lane DISTRICT 9 RECOMMENDATION: APPROVAL 9. JUXHIN EUGENE SELA/ IRA KOSTA &1UXHIN SELA for a Conditional Use Permit re short term rental at 516 22nd Street, Unit 300 DISTRICT 6 RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORICAL REVIEW BOARD • INDEPENDENT CITIZEN REVIEW BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOUTHEASTERN PUBLIC SERVICES AUTHORITY OF VIRGINIA • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, October 7,2025 at 6:00 p.m.In the Council Chamber at City Hell,Building i,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://virginiabeach.gov, broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on October 7,2025. 2. Download WebEx and view the meeting at: htti)s://vbgov.webex.com/weblinK/register/rl8e4824ceO53cpl4caQ 27bfa912ddef5 The following requests are scheduled to be heard: Concorde Apts L.P. Property Owner: Norfolk Premium Outlets, LLC Subdivision Variance (Section 4.4(b) of Subdivision Regulations) & Conditional Rezoning (I-1 Light Industrial District to Conditional A36 Apartment District) Address: Parcel directly southwest of 5945 Burton Station Road GPIN:1458695582 City Council: District 4(Ross-Hammond) West Neck Community Association, Inc. Property Owner: West Neck Community Association, Inc. Modification of Proffers&Conditional Use Permit (Outdoor Recreational Facility) Address: Parcel east of 3072 Signature Circle GPIN:1493859904 City Council: District 2(Henley) SS Newtown LLC-DBA(Arrowhead Car Care)Property Owner:Arrowhead Three LLC Conditional Use Permit(Automobile Repair Garage)Address: 5773 Arrowhead Drive,Suite 107 GPI N:1457939303 City Council:District 1(Hutcheson) The Church in Virginia Beach(Applicant&Property Owner)Conditional Use Permit(Religious Use)Address:5263 Greenwich Road GPIN:1467635850 City Council: District i(Hutcheson) Jay Erny Property Owner: Herman Douglas Paschall Revocable Trust Conditional Use Permit (Alternative Residential Development) Address: 1524 Gum Bridge Road GPIN:2411834285 City Council:District 2(Henley) Mark&Somer Brown Property Owners:Wild Acres Farms VB LLC Conditional Use Permit(Outdoor Recreation Facility)Address:5917 Blackwater Road GPIN:1398123991 City Council:District 2(Henley) Michael Bacle Property Owners:Michael D.&Susan L.Bacle Conditional Use Permit(Firewood Preparation Facility)Address:Parcel directly southeast of 1625 Indian River Road GPIN:2413506321CIgrCouncll:Dlstrict2(Henley) Belinda Gail Hill(Applicant&Property Owner)Conditional Use Permit(Home- Based Wildlife Rehabilitation Center)Address:709 De Laura Lane GPIN: 1468919330 City Council:District 9(Schulman) Juxhin Eugene Sela Property Owner:Ira Kosta&Juxhin Sela Conditional Use Permit(Short Term Rental) Address: 516 22nd Street, Unit 300 GPIN: 24179873260300 City Council:District 6(Remick) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive, Municipal Center, Building 3, Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV, https://virginial>each.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 PILOT-SEPTEMBER 23,2025&SEPTEMBER 30,2025-1 TIME EACH evRToN STgT,ONR OG F� s O Site N Zoning Concorde Apts, LP WF Property Polygons Parcel directly southwest of 5945 Burton Station Road S Feet 0 45 90 180 270 360 Map created by Planning Department on 9/16/2025 � 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CONCORDE APTS, L.P. [Applicant] NORFOLK PREMIUM OUTLETS, LLC [Property Owner] Conditional Rezoning (1-1 Light Industrial District to Conditional A-36 Apartment District) and Subdivision Variance (Section 4.4(b) for Lot Width and Street Line Frontage) for the property located directly southwest of 5945 Burton Station Road (GPIN 1458695582). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Rezoning from 1-1 Light Industrial to Conditional A-36 Apartment District to construct a 180-unit multifamily development. Additionally, the applicant is requesting a Subdivision Variance for lot width and street line frontage since the subject site does not have frontage on a City of Virginia Beach public street. The property is approximately 6.26 acres in size and is located within the Burton Station Strategic Growth Area. While the proposed development requires a Subdivision Variance for lot width and street line frontage, the proffered concept plan, landscape plan, and building elevations meet all other relevant aspects of the Zoning Ordinance. A total of 327 parking spaces are required to support the use and can be accommodated on site. Although not required, the applicant has included landscaping and fencing around the entire perimeter of the site. Access to the site will be provided through a private access easement to be established for the benefit of the proposed development and will allow the site to be accessed directly from Premium Outlets Boulevard as well as the adjacent parking lot. The applicant intends to use a regional BMP expected to be installed on the Norfolk Economic Development Authority property directly to the south of the subject site. While the subject site's stormwater will be managed in the City of Virginia Beach, it will ultimately outfall into Lake Wright in the City of Norfolk. The proposed development includes a total of four, four-story residential buildings as well as a clubhouse. The buildings will be finished in a mix of brick veneer and board and batten siding, and will have a maximum height of 58 feet 2 inches. Although the applicant is not proposing to establish a Workforce Housing Overlay with this project, according to the applicant, the rents for the proposed units will be consistent with the established affordability standards for workforce housing in Virginia Beach. Concorde Apts, LLC Page 2 of 4 ■ Considerations: In Staffs opinion, this request is acceptable. The Burton Station Land Use Plan envisions this area to be utilized for open space and commercial uses, which could include residential as a mixed-use component. Given the location of the subject site, staff finds the proposed multi-family use to be compatible with the area and would help meet the need for attainable housing. This parcel is uniquely situated where strict application of the ordinance creates a hardship. The lack of street frontage only affects access to the site and not its ability to be developed in an orderly fashion. The application presents a solution to the access issue with an easement granted by the adjacent property owner to allow access from Premium Outlets Boulevard and the adjacent parking lot. Further, the proposal includes high-quality and durable materials as well as a variety of amenities to support the proposed units. The proffered concept plan meets the parking requirement of the Zoning Ordinance while the landscape plan appears to meet all landscaping requirements while also including fencing and landscaping around the entire perimeter of the site. Given the site's adjacency to the City of Norfolk, the applicant and the City of Virginia Beach staff are working collaboratively with the City of Norfolk staff, which will continue through the more detailed design stages, should the request be approved. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. CONDITIONAL REZONING Proffer 1 When the Property is developed, it shall be as a 180 unit multifamily residential community with ancillary Site Improvements substantially in accordance with the "EXHIBIT A CONCEPTUAL SITE LAYOUT - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA" and "EXHIBIT B SITE LAYOUT DETAILS - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA", dated May 23, 2025, prepared by Kimley- Horn, which Concorde Apts L.P. have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference (the "Concept Plans"). Proffer 2 When the Property is developed, it will be fenced and landscaped substantially as depicted and described on the "EXHIBIT D - LANDSCAPE PLAN - PROPOSED CONCORDE APARTMENTS", dated May 23, 2025, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Concorde Apts, LLC Page 3 of 4 Virginia Beach Department of Planning and incorporated herein by reference (the "Landscape Plan"). The"6.0 Privacy Fence" designated on the Landscape Plan and depicted on "EXHIBIT B SITE LAYOUT DETAILS" referenced in Proffer number 1, shall be a neutral earth tone color and not white. Proffer 3 Vehicular access shall be perpetual ingress and egress easements from Premium Outlets Boulevard and from Pritchard Street to be granted by Deeds from the party of the second part across those portions of its adjacent property as depicted and described on the Concept Plan or as described in the respective Deed of Easement. Proffer 4 When the Property is developed, the Apartment Buildings and Club House shall have the architectural design, appearance, height and exterior building materials and colors substantially as depicted and described on pages 1 through 4 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\ APARTMENT BUILDING ELEVATIONS"; pages 5 and 6 of "EXHIBIT C- PROPOSED CONCORDE APARTMENTS\ CLUBHOUSE ELEVATIONS"; page 7 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\ APARTMENT BUILDING RENDERING"; and page 8 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\CLUBHOUSE RENDERING", dated 05.29.25 prepared by TS3 Architects, PC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and are incorporated herein by reference (the "Elevations" and "Renderings"). Proffer 5 When the Property is developed, the monument style sign located as depicted on the Landscape Plan shall have the dimensions and utilize the materials and colors as described on the "MONUMENT SIGN RENDERING CONCORDE APARTMENT HOMES", dated May 29, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by reference (the "Sign Rendering"). Proffer 6 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. SUBDIVISION VARIANCE 1. The site shall establish access via easement in substantial conformance with the "SUBDIVISION VARIANCE EXHIBIT FOR CONCORDE APARTMENTS," dated 6/2/2025, and prepared by American Engineering Associates, which Concorde Apts, LLC Page 4 of 4 have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda CouncilApplicant: Concorde Apts L.P. Property Owner: Norfolk Premium Outlets, LLC V-B� Planning Commission Public Hearing: September 10, 2025 City '• • • Project Details Request Conditional Rezoning (1-1 Light Industrial District to Conditional A-36 Apartment District) Subdivision Variance (Section 4.4(b)for Lot Width �o p4 and Street Line Frontage) ,dames 5 Staff Recommendation Approval Staff Planner �RJG"Srq, NRb Michael Hayes Q L Location : W Parcel directly southwest of 5945 Burton Station Road GPIN 1458695582 Site Size 6.l2�6 acres AICUZTII Less than 65 dB DNL �'Rr �H'rs9- A Watershed '� R, Chesapeake Bay Existing Land Use and Zoning Districtp lot Li Undeveloped Industrial ' p / 1-1 Light g �„� �,• 'ass . Surrounding Land Uses and Zoning Districts North Railroad Undeveloped lot/ 1-1 Light Industrial South Undeveloped lot/ 1-1 Light Industrial East Undeveloped lot/ 1-1 Light Industrial West City of Norfolk Shopping center Concorde Apts L.P. Agenda Items 1 & 2 page 1 of 28 Background & SummaryofProposal • The applicant is seeking to conditionally rezone this 6.26-acre parcel from 1-1 Light Industrial District to Conditional A-36 Apartment District to develop 180 apartment units. In addition, a Subdivision Variance for lot width and street line frontage is proposed, as there is no direct access to a public street. The site is uniquely situated between the cities of Norfolk and Virginia Beach, with no frontage located within the City of Virginia Beach. • The 6.26-acre site is currently vacant and is located within the Burton Station Strategic Growth Area (SGA). • The applicant seeks to develop the site with a 180-unit multi-family residential community, resulting in a proposed density of 28.75 units per acre. Although the applicant is not proposing to establish a Workforce Housing Overlay with this project, according to the applicant, the rents for the proposed units will be consistent with the established affordability standards for workforce housing in Virginia Beach. • The proposed development will consist of four, four-story multi-family residential buildings. All buildings will have a maximum height of 58 feet 2 inches. which complies with the 120-foot maximum height permitted within the A-36 Apartment District. • The proposed buildings will feature a mix of brick veneer, fiber cement board and batten siding, and vinyl siding, with balconies prevalent on all four sides of the buildings. The clubhouse will be finished with materials similar to those proposed for the apartment buildings. • A variety of amenities will be provided for residents to enjoy, including a fitness center and a clubhouse with meeting rooms, a business center, and a seating area. Adjacent to the clubhouse is a pool along with grilling stations, a playground, and outdoor open space areas. • Vehicular access to the site is proposed at two points. The first is where the public right-of-way for Premium Outlets Boulevard, located in the City of Norfolk, transitions to a private drive. The second is through an existing stub within the adjacent parking lot, which serves the neighboring outlet mall. • As depicted on the conceptual landscape plan,the required building foundation, streetscape, and interior parking lot landscaping are provided. While the subject property is not adjacent to any residential district, and therefore does not require any landscape buffer, the applicant has proffered a landscape plan depicting landscaping and fencing around the entire perimeter of the site. • Per Section 203 of the Zoning Ordinance, a total of 327 parking spaces are required to serve the 180 proposed units. The proffered conceptual plan depicts a total of 327 parking spaces,thereby satisfying the parking requirement. • Whereas the Zoning Ordinance requires 11 bicycle spaces, the applicant is providing a total of 16 spaces. Each building will include four covered bike rack spaces located on the ground floor within the breezeway. • Two different fence styles are proposed along the perimeter of the site. A four-foot tall, aluminum, open picket fence is proposed along the western property line, facing Premium Outlets, and around the clubhouse and pool area. Along the southern, eastern, and northern property lines, a six-foot tall, earth- tone, vinyl privacy fence is proposed. Concorde Apts L.P. Agenda Items 1 & 2 page 2 of 28 • A Phase 1 Environmental Site Assessment (ESA) was provided by SCS Engineers, dated June 12, 2025. The Phase I Environmental Site Assessment found no Recognized Environmental Conditions (RECs), Historical Recognized Environmental Conditions (HRECs), or Controlled Recognized Environmental Conditions (CRECs) for the subject site. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage, as the subject lot does not have direct access to a public street. Required Proposed Required Minimum Proposed Minimum Lot Lot • Frontage widthFrontage Proposed lot 200 0* 160 7 0* ::1 *Variance Requested • In order to compensate for the lack of direct access to a public street, the application proposes two vehicular access points, both of which involve private access easements through private property in Norfolk. Zoning • Map Key No. Request t REZ (R-5D Residential District to 1-1 eUR f' 1 Light Industrial District) Approved ,r r 06/21/2016 Applica tion Types % ' >` CUP: Conditional Use Permit FVR: Floodplain REZ: Rezoning Variance e J CRZ: Conditional Rezoning ALT Alternative MDC: Modification of Compliance Conditions SVR:Subdivision MDP: Modification of Proffers Variance NON: Nonconforming Use LUP: Land Use Plan STC:Street Closure STR:Short Term Rental Concorde Apts L.P. Agenda Items 1 & 2 page 3 of 28 Evaluation • • . • In Staff's opinion, these requests to conditionally rezone the approximately 6.26-acre property from 1-1 Light Industrial District to Conditional A-36 Apartment District, as well as the Subdivision Variance to lot width and street line frontage, are acceptable. As stated previously, the property falls within the Burton Station Strategic Growth Area. While the Strategic Growth Area generally looks to expand upon light industrial uses in the area in an attempt to grow employment and take advantage of access to the airport, rail, and interstate, there is an opportunity for a mix of uses, to include residential. The City is aware of the demand for additional housing units throughout the city, with a particular need for more attainable units. As previously mentioned, all units in this development are proposed to align with the established standards for workforce housing in the City of Virginia Beach. The proposal includes high-quality and durable materials as well as a variety of amenities to support the 180 units. The proffered concept plan meets the parking requirement of the Zoning Ordinance while the landscape plan appears to meet all landscaping requirements while also including fencing and landscaping around the entire perimeter of the site. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance request to the lot width and street line frontage requirements to be compliant with the conditions of Section 9.3 of the Subdivision Regulations. Multi-family developments in the A-36 Apartment Zoning District require a minimum lot width and street line frontage of 200 feet and 160 feet, respectively. As there is no direct access to a public street, the subject parcel has a calculated lot width and street line frontage of 0. However, access to the site will be provided through a private access easement to be established for the benefit of the proposed parcel. It will allow the site to be accessed directly from Premium Outlets Boulevard as well as through the adjacent parking lot. In Staff's view, the deviations to the lot width and street line frontage will not negatively impact surrounding properties and will allow this approximately 6.26-acre undeveloped site to be developed with a quality multi-family residential community. Concorde Apts L.P. Agenda Items 1 & 2 page 4 of 28 The site is located in the Chesapeake Bay watershed. An in-depth review of the stormwater management strategy will take place during the site plan review process to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development. Stormwater treatment has not yet been designed for the site; however, the applicant has stated it is the intent to use a regional BMP expected to be installed on Norfolk Economic Development Authority property directly to the south of the subject site. The applicant understands that they cannot receive site plan approval until stormwater requirements are satisfactorily met. The subject site's stormwater will be managed in the City of Virginia Beach but ultimately outfall downstream into Lake Wright in the City of Norfolk. Water service will be provided by the City of Virginia Beach. The applicant would extend a waterline up Burton Station Road and across a neighboring property to the subject site. Meanwhile, sanitary sewer service is expected to run from the City of Norfolk. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and there were no concerns raised with the proposed layout and circulation. Further review will be conducted during the final site plan review process. Information provided by the Virginia Beach City Public Schools Staff indicates that the anticipated increase in student enrollment is acceptable. Based on this, the proposal is not expected to negatively impact the school population. Given the subject site's adjacency to the City of Norfolk, proposed infrastructure connecting into systems in the City of Norfolk, and the Norfolk Economic Development Authority owning the location where a regional stormwater BMP, which would serve the subject site, is proposed, the applicant and City of Virginia Beach staff are working collaboratively with City of Norfolk staff. This collaboration will continue into the more detailed design stages as greater detail of the infrastructure solutions, namely stormwater outfall and sewer connection, are developed. Based on the considerations described, Staff recommends approval of these requests subject to the proffers and conditions listed below. Irmo i1w, The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is developed, it shall be as a 180 unit multifamily residential community with ancillary Site Improvements substantially in accordance with the "EXHIBIT A CONCEPTUAL SITE LAYOUT- PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA" and "EXHIBIT B SITE LAYOUT DETAILS - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA", dated May 23, 2025, prepared by Kimley- Horn, which w Concorde Apts L.P. Agenda Items 1 & 2 page 5 of 28 have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference (the "Concept Plans"). Proffer 2 When the Property is developed, it will be fenced and landscaped substantially as depicted and described on the "EXHIBIT D- LANDSCAPE PLAN - PROPOSED CONCORDE APARTMENTS", dated May 23, 2025, prepared by Kimley-Horn, 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 "Landscape Plan"). The"6.0 Privacy Fence" designated on the Landscape Plan and depicted on "EXHIBIT B SITE LAYOUT DETAILS" referenced in Proffer number 1, shall be a neutral earth tone color and not white. Proffer 3 Vehicular access shall be perpetual ingress and egress easements from Premium Outlets Boulevard and from Pritchard Street to be granted by Deeds from the party of the second part across those portions of its adjacent property as depicted and described on the Concept Plan or as described in the respective Deed of Easement. Proffer 4 When the Property is developed, the Apartment Buildings and Club House shall have the architectural design, appearance, height and exterior building materials and colors substantially as depicted and described on pages 1 through 4 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\APARTMENT BUILDING ELEVATIONS"; pages 5 and 6 of "EXHIBIT C- PROPOSED CONCORDE APARTMENTS\ CLUBHOUSE ELEVATIONS"; page 7 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\APARTMENT BUILDING RENDERING"; and page 8 of "EXHIBIT C- PROPOSED CONCORDE APARTMENTS\CLUBHOUSE RENDERING", dated 05.29.25 prepared by TS3 Architects, PC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and are incorporated herein by reference (the "Elevations" and "Renderings"). Proffer 5 When the Property is developed, the monument style sign located as depicted on the Landscape Plan shall have the dimensions and utilize the materials and colors as described on the "MONUMENT SIGN RENDERING CONCORDE APARTMENT HOMES", dated May 29, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by reference (the "Sign Rendering"). Proffer 6 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Concorde Apts L.P. Agenda Items 1 & 2 page 6 of 28 Conditions • Subdivision Variance 1. The site shall establish access via easement insubstantial conformance with the "SUBDIVISION VARIANCE EXHIBIT FOR CONCORDE APARTMENTS", dated 06/02/2025, and prepared by American Engineering Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Comprehensive Plan Information This project falls within the Burton Station SGA. The Burton Station Land Use Plan envisions the area to be utilized for open space and commercial uses. (p. 12) Commercial could include residential as a mixed-use component. More specifically, the subject property falls within the "Employment Center" of the Development Focus Area within the plan. The "Employment Center" is intended to be primarily light-industrial because the "proximity to 1-64, the Norfolk Airport, and railway connections present a trifecta of shipping opportunities for light manufacturing." (p. 19) In terms of design policy and principles, the Reference Handbook recommends bringing buildings up to pedestrian-friendly streets with off-street parking located to the side or rear of buildings. On the site, buildings should be organized in a way that pedestrian pathways are naturally along the fronts of buildings rather than through parking lots. Internal sidewalks should connect out to other sidewalks and paths, linking the development to neighboring uses and bus stops. (B-1) • Impacts The site is located in the Chesapeake Bay Watershed. There are no known historic or cultural resources that will be affected by this project. Concorde Apts L.P. Agenda Items 1 & 2 page 7 of 28 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use '—0 ADT' Premium Outlet Blvd Not maintained by the ExistingZoning 476 ADT based (City of Norfolk) No existing count City of Virginia Beach g 6.26 acre parcel zoned I-1 Proposed Land Use 3- 1,229 ADT 'Average Trips per 2As defined by a 3Based on 180 Day vacant site apartment units Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Roadway is maintained by the City of Norfolk. Active Transportation Plan The Active Transportation Plan envisions connecting to the Norfolk trail system in this area. Public Utility Impacts Wa ter City water must be extended to the site. Sewer Sewer will outflow to the City of Norfolk system. Concorde Apts L.P. Agenda Items 1 & 2 page 8 of 28 School • . Current School Enrollment Capacity Generation 1 Change 2 Bayside Elementary S43 students 524 students 37 students 37 students Bayside Middle 918 students 979 students 15 students 15 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). Recognizing that the projections are estimates and that the overall school system has an optimum capacity of over 2,200 in excess of student enrollment, which does not include the use of portable classrooms, Virginia Beach City Public Schools does not foresee issues with students generated by the proposed residential units. Public Outreach Information Planning Commission • The applicant hosted an open house on August 20, 2025. Fifteen people attended. According to the applicant's agent, the sentiment was favorable with no concerns raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 2025. • As required by the City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 22, 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 October 3, 2025.. Concorde Apts L.P. Agenda Items 1 & 2 page 9 of 28 EXHIBIT A '.' a f CONCEPTUAL SITE LAYOUT • J wM PROPOSED CONCORDE A o V APARTMENTS nTr, 11M r ti. / WWACTOR �M t�� PCSICI dlllN3".UT1tCOA 57 fibli l7 ESS �l��l'�\ `^ � tilt U�----- CLUBHOUSE,P �� � OOI./ Y a nie i�.c%rin�iwrtMs✓ava AMEN" wac� nrcaunx xrw. AMENITY `,���."A�y�'�,.1,j!!)f�J� � I � C�Jr s I '� ��T'... � f �� f irmtnwoanaoM Jncwa�w..>w•• . \ �+`C�✓j7. iFf ,�(W ,i I'111111 t gUILDING0. "^w-''4 ��✓ � ' � BUILDING 3 j rr KimleY>>)Horn oQ NQ0 r 00 N EXHIBIT D Landscape Plan-Proposed GPR1cY h'.w y N"� Concorde Aparhnerrts m lit 05 211025 •f N Vi P` r j Y�+'� N �'�• { a <.. * 14 � � �'� fi'' `gyp �''� �• r � �fi $ "� $ I a. w e Kimley>>>Horn o " CL r1 µ a,( d 0 v a ,. 7 -.cxn.e..er M `tlR1F N 3 D __ N L o r n NQo r 00 N Proposed Building • ns 00"8►06LCSl ■ i ti pSpi-- � a O i r W j (7 Z_ 0 F m Z H LLI r2 1 � ! � W a ,- i a _ � o W Q a ui Of . _ o r � w H � mO a = O', x Xs w a Concorde Apts L.P. Agenda Items 1 & 2 page 12 of 28 Proposed Building Elevations 00 890bZ£S1 I MIS � m t Y iY � - i i rn z 0 -- w .., LIJ z IF 0 Z w C lEl Ed z w i ��;��� ! � Cif ° Q - a w O _ v z w � (1) m O a = O1- x Yr w n.o Concorde Apts L.P. Agenda Items 1 & 2 page 13 of 28 Proposed Building Elevations 00 6hOvecsl ■ m 0 w I t d � t . E vy t6 w � J w O _d `� � d ❑ 19 ' Z rn 4, f 4 z w �d ❑ v w U) m O a = 011 X wI w a.o Concorde Apts L.P. Agenda Items 1 & 2 page 14 of 28 Proposed Building Elevations OO MVUS1 ■ m v v t 3 t S �a a r f f� p Q w W O J H Z W F- a Z Ui a. o. a a 0 ' U a z Z U W m O = O x X� W a8 Concorde Apts L.P. Agenda Items 1 & 2 page 15 of 28 Proposed Building Elevations - Clubhouse 00 6POPUS1 n. ■ Ui Ui LL D ca LU LU c) w 0 0 z LU 0 CL 0'- X it� LIJ (L 8 ...........Concorde Apts L.P. Agenda Items I & 2 page 16 of 28 �O6DOhZ£Sl ■ m 0 a a a a _Proposed Building Elevations - Clubhouse O_ tom- _ ._. W J W Ui O j m W a. _. _ a Q _ 2 I W �1I o K � O W Ub o Z O «. . u o () W F- (n mo a i O� X w w do Concorde Apts L.P. Agenda Items 1 & 2 page 17 of 28 Proposed Building Rendering Apartments V y. JJ 006ntzes1! ��tifrJ! q Ctt rr !! � Y- a. rr ■ m 0 w n a Z IM iM 0 1 w F- Z LU F- a. OR i z w a a Ci w p o r� r Z e p �. U w O CO a ■. = p X M w ao Concorde Apts L.P. Agenda Items 1 & 2 page 18 of 28 Proposed--Building RenderingClubhouse W 6COCi£SI i m 0 w m a a w a ae Z w 0 Z W w O CO J U U) H Z w H d Q w I O U 0 U W r V) m a = O'- x M° w a� Concorde Apts L.P. Agenda Items 1 & 2 page 19 of 28 Concorde Apartment Homes I � i r MONUMENT SIGN RENDERING CONCORDE APARTMENT HOMES 00 MAY 29, 2025 m O � O Q n � v O v 0o r+ fl- � � m N 3 D o N o o -'' R� N r ' 00 N • k EXHIBIT B _ SITE LAYOUT DETAILS • 41 -" _ _ PROPOSED CONCORDE ('� APARTMENTS Near • l �. of vNn Nw,.erLOW � Nwmvaeaae .. wn • I awtvarm�¢ra aeuscaawtnai l 51TE preE-TYPE'A'®POOL AND FRONT OF PROPERLY re � �e18'TALL VINYL PRIVACY FENCE ■ e.wena wu nrao "r vv.:'3:lP.`. D Kimley»)Horn m r) m O SZ n m m m r.� 3 D 0 NQo r 00 N Proposed ® PRIVATE ACCESS EASEMENT FOR THE BENEFIT OF PARCEL Al PRIVATE PEDESTRIAN ACCESS. WFR S1dN A01a 1�RAY. LANDSCAPE.MAINTENANCE,AND SIGNAGE OI� (61.672,P456) EASEMENT FOR THE BENEFIT OF PARCEL All i z 5 mp p FAS/Hb'IbiKtQERUR01p c' `sm. rK(RMYAVWUK.SMvIEANRUAQQ rQ S FASlFM900RE'RURW rYAW"1Y .W. � I9 IFgQ"Y�'SIXI7IAFA'RAfiw NARL1HE Nw1HRA4J i A].'MIXTINYP/A1FMf MRMJ I ArA 117:N1A>aweEUG N6O•4.*20'E _— _- 192.32• ZZa.S I' i S I� PARCEL Al AREA=273.508 SO FT OR 6279 AC \ PARCEL CI-1 AFEA-2.124,761SQFT. OR50.355AC. , � MaraMscl�ekr Arrew�rk�wrr,tec 6FMY}IMIMN = �� 134 AVRFOUQ p007R a2WXMo W itl� (l67R Q 19 a �4 I IV OM BKW AW a"Co~ y /f�o�'� awcv tawRr ' `r' limn rcmramsl s�6 gyp .,.aFvh,<,��. -4��', i tA�•CA NyA �, ' tr1 1 It . �� 53 HF1pt11+ 1 s la9.60. S �Z4,W c1 m <� i o< �ALTH pA,� SUBDIVISION VARIANCE o Lpc o On o �A IR m �,-J-T o CHRCTOPHERAPOZZI D. �C �{ CONCORDE APARTMENTS Uc. No. 002398 SURve�O� __ YRx'NIA BEACH 11FIG JIA Date Scate 0 100 200 300 08A22025 t'�1 L'O' AMERICAN Engineering US.ROUTE I3 American Engineering Associates-Southeast,P A.Inc. _ 830 Greenlxier CkcI.,Sude 110 NO pTON BOU Y D�t60 ROAOilMB 3 PG t8A PACa) Chesapeake,VA 23320 757-468-800 1Nplvl ELA'NSON httpsJ/arnerican- wrn m(o@american-ea.com ID B.2714,RG gM, V8160RMERL Project Craven Ek Checker Dravnn PMhVlame,LaVOW PAGE 1 OF 2 5006 JPP CDC Y.E2AYdOM•IPo83Ave EL. I Concorde Apts L.P. Agenda Items 1 &2 page 22 of 28 Site Photos n^ 0. � tit �.-j i ^,✓ i LDisd• VB- CITY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application Concorde Apts L.P. 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?Yes •�NoQ If yes,name Representotive: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Miles B.Leon,Richard T.Counseiman,Thomas G.Johnson,Ill,Timothy Finn,Nusbaum Associates,L.P Does the subject property have a proposed or pending purchaser? Yes No� if yes,name proposed or pending purchaser: Concorde Apts L.P. 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 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 u SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O © Towne Bank cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. M a y-2024 page 1 of 3 Concorde Apts L.P. Agenda Items 1 & 2 page 24 of 28 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 O Forvis Architect/Designer/Landscape O 0 Thomas Smith,TS3 Architects,PC Architect/Land Planner Construction Contractor o Q TBD Engineer/Surveyor/Agent O O Greg Schmiti,KimleyHornfGhristopherCapozzi.American Engineering Legal Services Q R.Edward Bourdon,Jr.,Sykes,Bourdon,Ahern&Levy,P.C. Thomas G.Johnson,Jr.,Willcox&Savage, P.C. 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, 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. oocr� 4�4 L?. �1 lLe'e hF�C�T Coil w+4J� J�t' �7 — ZS 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§2.2-3I01. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity;or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common at-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): 9/19/2025 Michael Hayes 9/19/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Concorde Apts L.P. Agenda Items 1 & 2 page 25 of 28 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Norfolk Premium Outlets, LLC, a Delaware limited liability company 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 z relationship with the applicant.(Attach list if necessary.) See attached corporate structure/officer list. Does the subject property have a proposed or pending purchaser? Yes() Noo if yes, norne proposed or pending purchaser: Concorde Apts LP,a Virginia limited partnership 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 YLiciol 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, Bank of America/Credit Suisse cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation Q in house Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Q Engineer/Surveyor/Agent 0 Legal Services Q In house i f { PROPERTY OWNER CERTIFICATION I 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. Norfolk Premium Outlets, LLC SEE ATTACHED SIGNATURE PAGE June 5,2025 i Property Owner Name(Print) Property Owner Signature Date � Disclosure Statement I rev. May-2024 page 3 of 3 3 Concorde Apts L.P. Agenda Items 1 & 2 page 26 of 28 Disclosure NORFOLK PREMIUM OUTLETS,LLC,a Delaware limited liability company By: NORFOLK OUTLETS,LLC,a Delaware limited liability company, its sole member By: P13N NORFOLK MEMBER,LLC,a Delaware limited liability company, its m ging ember By: J n Rul t, President David Simon Chairman of the Board Mark Silvestri Executive Vice President•Chief Operating Officer Brian J.McDade Vice President John Rulli Vice President Matthew Broas Vice President Steven E.Fivel Secretary Donald G.Frey Treasurer Kevin M.Kelly Assistant Secretary Adam J.Reuille Vice President-Chie Accounting Officer Eli Simon Executive Vice President-Chief Investment Officer Concorde Apts L.P. Agenda Items 1 & 2 page 27 of 28 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-38S-S692. • 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. Concorde Apts L.P. Agenda Items 1 & 2 page 28 of 28 CONCORDE APTS LP,a Virginia limited partnership NORFOLK PREMIUM OUTLETS,LLC,a Delaware limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 291h day of May, 2025, by and between CONCORDE APTS LP,a Virginia limited partnership,party of the first part,Grantor;NORFOLK PREMIUM OUTLETS, LLC, a Delaware limited liability company,party of the second part,Grantor;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, party of the third part,Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the District 4 of the City of Virginia Beach,Virginia,containing approximately 6.279 acres and described in Exhibit"A"attached hereto and incorporated herein by this reference. The parcels described herein and in Exhibit"A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from I-1 Industrial District to Conditional A-36 Apartment District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS,the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change,and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community GPIN: 1458-69-5582-0000 Prepared By; R Edward Bourdon,Jr.,Esq.,VSB#i22160 Sykes,Bourdon,Ahem&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 that are not generally applicable to land sinularly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise;and WHEREAS,the Grantors have voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map,in addition to the regulations provided for the A-36 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning,site plan,building permit,or subdivision approval, hereby snake the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that thus declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantee,and other successors in interest or title: 1. When the Property is developed,it shall be as a 180 unit multifamily residential community with ancillary Site Improvements substantially in accordance with the"EXHIBIT A CONCEPTUAL SITE LAYOUT - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH,VIRGINIA" and `'EXHIBIT B SITE LAYOUT DETAILS - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA", dated May 23, 2025, prepared by Kin-ley- Horn, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning wluch are incorporated herein by reference (the "Concept Plans"). 2. When the Property is developed,it will be fenced and landscaped substantially as depicted and described on the "EXHIBIT D - LANDSCAPE PLAN - PROPOSED CONCORDE APARTMENTS",dated May 23,2025,prepared by Kinley-Horn,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department 2 of Planning and incorporated herein by reference (the "Landscape Plan'). The"6.0 Privacy Fence" designated on the Landscape Plan and depicted on "EXHIBIT B SITE LAYOUT DETAILS"referenced in Proffer number 1,shall be a neutral earth tone color and not white. 3. Vehicular access shall be perpetual ingress and egress easements from Premium Outlets Boulevard and from Pritchard Street to be granted by Deeds from the party of the second part across those portions of its adjacent property as depicted and described on the Concept Plan or as described in the respective Deed of Easement. 4. When the Property is developed,the Apartment Buildings and Club House shall have the architectural design, appearance, height and exterior building materials and colors substantially as depicted and described on pages 1 through 4 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\ APARTMENT BUILDING ELEVATIONS"; pages 5 and 6 of "EXHIBIT C-PROPOSED CONCORDE APARTMENTS\CLUBHOUSE ELEVATIONS";page 7 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS \ APARTMENT BUILDING RENDERING"; and page S of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS \ CLUBHOUSE RENDERING",dated 05.29.25 prepared by TS3 Architects,PC,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and are incorporated herein by reference (the "Elevations"and"Renderings"). 5. When the Property is developed,the monument style sign located as depicted on the Landscape Plan shall have the dimensions and utilize the materials and colors as described on the"MONUMENT SIGN RENDERING CONCORDE APARTMENT HOMES",dated May 29, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development and is incorporated herein by reference(the"Sign Rendering"). 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions,having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue nl full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the 3 Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ail ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the goverining body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Concorde Apts L.P.,a Virginia limited partnership By its Manager: Concorde Apts GP LLC, a Virguua limited liability company By: ---' (SEAL) Richard Counselman,Manager STATE OF VIRGINIA CITY OF N or-Pe 1 k, to-wit: The foregoing instrument was acknowledged before me this 0' day of May, 2025, by Richard Counselman,Manager of Concorde Apts GP LLC,a Virginia limited liability company, Manager of Concorde Apts L.P.,a Virginia limited partnership,Grantor. A P pa�l� Notary Public My Commission Expires: 31311 EKATRINAA~W5 PARHAM Notary Registration Number: Q�q� Notary Publicstration#7559299 onwealth of Virginia ssion Expires Marti 31,2029 1-2919204.2 5 i WITNESS the following signature and seal: Grantor: Norfolk Premium Outlets,LLC,a Delaware limited liability company By:Norfolk Outlets,LLC,a Delaware limited liability company,its sole member By:Simon Norfolk Member,LLC,a Delaware unite a 'lity company,its managing member By: a— Lu (SEAL) ohn Rulli,Vice President STATE OF INDIANA COUNTY OF MARION,to-wit: The foregoing instrument was acknowledged before me this 1 day of June,2025,by John Rulli, as Vice President of Simon Norfolk Member, LLC, a Delaware limited liability company,the managing member of Norfolk Outlets,LLC,a Delaware limited liability company, the sole member of Norfolk Premium Outlets, LLC, a Delaware limited liability company, Grantor. i i \\ Notary P k My Commission Expires: .1,l,�e ��a 030 BETS L.AGi1�D0 Notary Registration Number: nlocJ�S q5 Notary Public•Seri -aeon CGunty-State of Indiana Csmmtss'On Number NP0654593 1 My Commission Expires Jun 15,2030 1-2919204.2 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain parcel of the property owned by Norfolk Premium Outlets,LLC in the City of Virginia Beach,Virginia containing 6.279 acres and described as follows: Beginning at a point on the intersection of the southerly line of the Eastern Shore Railroad right of way and the corporate boundary of the cities of Norfolk and Virginia Beach as shown on plat entitled "RESUBDIVISION PLAT OF PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK AND NORFOLK OUTLETS,LLC, NORFOLK & VIRGINIA BEACH, VIRGINIA", dated 12/18/15 and prepared by American Engineering Associates, thence along the southerly line of the Eastern Shore Railroad road of way N 60'44' 20"E a distance of 192.32' to a found pin; thence leaving the southerly line of the Eastern Shore Railroad S 35'07' 23"E a distance of 230.83' to a point hi the centerline of Closed 15' Unuiamed Road; thence along the centerline of Closed 15' Unnamed Road N 26' 02' 40" E a distance of 94.47' to a point; thence S 63' 57 20" E a distance of 447.70' to a point thence S 10° 07'35" E a distance of 68.27' to a point; thence S 37' 47' 00" W a distance of 550.69' to a point on the corporate boundary of the cities of Norfolk and Virginia Beach; thence along the corporate boundary of the cities of Norfolk and Virginia Beach N 30'34' 44" W a distance of 823.44' to a point being the Point of Beghuiing. GPIN: 1458-69-5582-0000 H:\AM\"Conditional Rezoning\"Concorde Apts\Proffer Agreement_finaI5-30-2025.docx 1-2919204.2 7 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #01 & 02 Concorde Apts, LP Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. The next order of business is the consent agenda, and I'm going to turn that over to Vice Chair Coston to run that portion of our meeting. Mr. Coston: Thank you, Madam Chair. Today we have 11 items on the consent agenda. These are applications that are recommended for approval by staff, and the planning commission concurred, and there are no speakers signed up in opposition. The first item that we shall handle today is first four records of minutes. Is there anyone here that has any objection to the minutes being placed on the consent agenda? Seeing none,we've asked Commissioner Camp to read these items into the record. Mr. Camp: Thank you,Vice Chair. The minutes that shall be added to the consent agenda are of the informal Planning Commission hearing held on August 13th, 2025; the formal Planning Commission hearing held on August 13th,2025;the VBCC Forum held on August 21 st, 2025; and the site visit held on September 4th,2025. These four motions are subject to the corrections already sent in by the commissioners and to the following abstentions: as to the VBCC Forum,Vice Chair Coston, Commissioner Hippen, and Commissioner Plumlee will be abstaining because they were not present at that event. With regard to the site visit, Commissioner Cromwell, Chair Cuellar, Commissioner Hippen, and Commissioner Plumlee will be abstaining because they were not present at the site visit. That completes the minutes section. Mr. Coston: Thank you, sir. The next item we shall hear is item one and two. Is there a representative? Thank you, sir. Mr. Bourdon: Thank you, Vice Chair, Madam Chairman. For the record, Eddie Bourdon, attorney representing the applicants on these two requests. The team from S.L.Nusbaum are here with us today, along with the engineer with Kimley-Horn, and our traffic engineer. So we greatly appreciate these items being on the consent agenda. There's one condition attached to the subdivision variance,which we,obviously,agree to and the proffers that all apply to the rezoning. I wanted to point out, we did have community outreach with the Burton Station community and L&J Gardens,and they are not in opposition at all to this. This is an attainable workforce housing project,affordable housing project,all 180 units,and we appreciate that the staff has already started working with the Norfolk staff. Public Utilities especially has been very, very helpful and, very open-minded and we greatly appreciate their cooperation. Last thing I'll mention, and I sit down in the informal, there was a conversation about this property being zoned industrial and our comp plan that is now about nine years from having been last revised, saying something about this being industrial. The industrial idea in Burton Station was a product in part of, and primarily, a second runway at the Norfolk International Airport cross runway. And that's when property in Burton Station was being condemned, and that did not sit well with a lot of the long term residents in Burton Station,if some of us will remember. Well,that cross runway has gone, it's not going to happen. And so our comp plan does need to be updated, and that is something that needs to be looked at because that second runway and the AICUZ issues, don't exist or won't exist now. Thank you. Mr. Coston: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, we've asked Commissioner Byler to read this item into the record. Ms. Byler: The applicant is seeking to conditionally rezone a 6.26 acre parcel from 1-1 Light Industrial District to Conditional B-36 Apartment District to develop 180 unit apartment complex. In addition,a subdivision variance for a lot width and street line frontage is proposed there as there is no direct access to a public street. The site is uniquely situated between the cities of Norfolk and Virginia Beach sitting right on the property line with no frontage located within Virginia Beach. The 6.26 acre site is currently vacant and is located within the Burton Station Strategic Growth Area. Although the applicant is not proposing to establish a Workforce Housing Overlay with the project,according to the applicant,the rents for the proposed units will be consistent with the established affordability standards for workforce housing in Virginia Beach. Mr. Coston: Thank you. (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: 1, 2, 7, 11, 13, 16, 19, 20, and four records of minutes. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Motion to approve. Ms. Cuellar: Motion to approve by Commissioner Plumlee. Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Second by Commissioner Schoonover. Are there any commissioners abstaining from the consent agenda? Hearing none. The motion for approval once again is by Commissioner Plumlee, seconded by Commissioner Schoonover. Any further discussion? Mr. Plumlee: May I just say, I did abstain with regards to the minutes, which are also,but those abstentions are noted in the record. Ms. Cuellar: Correct. Thank you very much. As for the rest of the commissioners as well that are abstaining, Clerk: The vote is open. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: Second. Clerk: Vote was open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes,items 1,2, 7, 11, 13, 16, 19, and 20 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 and for those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in person, but you are also free to leave. Vote Tali Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X _ Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers/Conditions Proffer 1 When the Property is developed, it shall be as a 180 unit multifamily residential community with ancillary Site Improvements substantially in accordance with the "EXHIBIT A CONCEPTUAL SITE LAYOUT - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA" and "EXHIBIT B SITE LAYOUT DETAILS - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA", dated May 23, 2025, prepared by Kimley- Horn, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference (the "Concept Plans"). Proffer 2 When the Property is developed, it will be fenced and landscaped substantially as depicted and described on the "EXHIBIT D - LANDSCAPE PLAN - PROPOSED CONCORDE APARTMENTS", dated May 23, 2025, prepared by Kimley-Horn, 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 "Landscape Plan"). The"6.0 Privacy Fence" designated on the Landscape Plan and depicted on "EXHIBIT B SITE LAYOUT DETAILS" referenced in Proffer number 1, shall be a neutral earth tone color and not white. Proffer 3 Vehicular access shall be perpetual ingress and egress easements from Premium Outlets Boulevard and from Pritchard Street to be granted by Deeds from the party of the second part across those portions of its adjacent property as depicted and described on the Concept Plan or as described in the respective Deed of Easement. Proffer 4 When the Property is developed, the Apartment Buildings and Club House shall have the architectural design, appearance, height and exterior building materials and colors substantially as depicted and described on pages 1 through 4 of "EXHIBIT C- PROPOSED CONCORDE APARTMENTS\APARTMENT BUILDING ELEVATIONS"; pages 5 and 6 of"EXHIBIT C- PROPOSED CONCORDE APARTMENTS\CLUBHOUSE ELEVATIONS"; page 7 of"EXHIBIT C- PROPOSED CONCORDE APARTMENTS\APARTMENT BUILDING RENDERING"; and page 8 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\CLUBHOUSE RENDERING", dated 05.29.25 prepared by TS3 Architects, PC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and are incorporated herein by reference (the "Elevations" and "Renderings"). Proffer 5 When the Property is developed, the monument style sign located as depicted on the Landscape Plan shall have the dimensions and utilize the materials and colors as described on the "MONUMENT SIGN RENDERING CONCORDE APARTMENT HOMES", dated May 29, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development and is incorporated herein by reference (the "Sign Rendering"). Proffer 6 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Ce U U P1 CO m AG2 CFGFNDgRy z PDH1 P DH,1 GNP �Q- SI G � P1 A�ME LD 'X)nH 11 R DR Z r - s Site ® Zoning West Neck Community Association, Inc. W F Property Polygons Parcel east of 3072 Signature Circle s Feet 0 65 130 260 390 520 Map created by Planning Department on 9/16/2025 �7 (J L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WEST NECK COMMUNITY ASSOCIATION, INC. [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning & Conditional Use Permit (Outdoor Recreational Facility) for the parcel east of 3072 Signature Circle (GPIN 1493859904). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Modification of Proffers and a Conditional Use Permit for an Outdoor Recreational Facility to develop two pickleball courts, spectator seating, sidewalks, and a stormwater management facility on a 4.71-acre parcel. In 1999, a Conditional Rezoning and a Conditional Use Permit for a Golf Course were granted by the City Council. Several modifications have been approved since, including a 2004 Modification, which included the construction of a multi- purpose building on the subject site. The applicant is proposing that residents park their vehicles or bicycles at the Villages at West Neck Community Hall located diagonally from the site and access the site via existing sidewalks or walk directly from their residences. ■ Considerations: The site is located within the Transition Area and it was recommended, they appear before the Transition Area/InterfaciIity Traffic Area Citizens Advisory Committee (TA/ITA CAC); however, the applicant chose not to attend as the project will be exclusively for the use of residents of the Villages at West Neck. The development will have a limited scope and is consistent with the recommendations of the Transition Area, which call for passive and active open space in conjunction with residential developments. The proposed development will convert passive open space into active open space. To mitigate potential sound impacts on nearby residents, the Planning Condition added a condition to limit the hours of operation to 8:00 a.m. to 8:00 p.m. 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. West Neck Community Association, Inc. Page 2of3 ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0 with 1 abstention. Modification of Proffers Proffer 4 That portion of the Property located south of "Signature Way", now known as "Signature Drive" and east of Signature Circle on the 2004 Plan "MULTI- PURPOSE FACILITY @ WEST NECK CONCEPTUAL PLAN", Prepared by Langley and McDonald, Inc. shall be developed with two (2) Pickleball Courts and associated hardware, fencing and gates, in substantial conformity with the "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN (COLOR)", prepared by Civil ForSite, PLLC, which has been exhibited to the City Council and is on file with the Department of Planning, and is incorporated herein by reference (hereinafter the "Pickleball Plan"). Proffer 5 When developed, the materials and design elements of the courts and surrounding area shall be substantially the same as shown on the depicted on the Pickleball Plan. Conditional Use Permit 1. The site shall be developed in substantial conformance to the concept plan entitled "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN (COLOR)", prepared by Civil ForSite, PLLC, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Should outdoor lighting be installed within the Outdoor Recreational Facility area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. West Neck Community Association, Inc. Page 3of3 4. The hours of operation shall be between 8:00 a-m. to 8:00 p.m., Monday through Sunday. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Applicant i Property Owner: West Neck C• • • VB� Planning • • • • • •'City • Project Details Request Modification of Proffers Conditional Use Permit (Outdoor Recreational Facility) Staff Recommenda tion z Approval m S�GVAATURF Staff Planner _ -- Alexis Bailey Aar e¢ m lf°END N_ p P� Location .T c,a Parcel east of 3072 Signature CircleFR GPIN 1493859904 cA= STo Site sizeFq 4.71 acres o °r` A 3 STXHc°Op.. . AICUZ Less than 65 dB DNL Wa tershed ems$ Southern Rivers ,y. sicNgT�R Existing Land Use and Zoning District Wooded lot/ PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts , North Signature Drive E�Ekp S� rG inj � �qRY. m z' Community Hall / PD-H1 Planned Unit m r< Development South Wilderness Lane Former golf course/ P-1 Preservation, PD-H1 Planned Unit Development "�✓''*` � >"� Lest Former golf course/ P-1 Preservation West Signature Circle Common Area / PD-H1 Planned Unit Development West Neck Community Association, Inc. Agenda Items 3 &4 page 1 of 15 Background SummaryofProposal • The applicant is requesting a Modification of Proffers and a Conditional Use Permit for an Outdoor Recreational Facility to develop two pickleball courts, spectator seating, sidewalks, and a stormwater management facility on this 4.71-acre Conditional PD-H1 Planned Unit Development zoned parcel. • On May 11, 1999, the City Council granted a Conditional Rezoning and a Conditional Use Permit (Golf Course) for the development of a 974-unit, active-adult community (ages 55 and older) in conjunction with an 18-hole Arnold Palmer signature golf course on a 419.8-acre site. • On November 23, 2004, a Modification of Proffers was approved by City Council to modify the land use plan and the architectural elevations for the Village Commons area to utilize the subject property for a multi-purpose building. Since the subject property was designated for a multi-purpose building on the 2004 proffered plan, a Modification of Proffers is required to accommodate the development of the site with pickleball courts. • In addition to the Modification of Proffers, a Conditional Use Permit for an Outdoor Recreational Facility is required for the proposed development. • The applicant proposes that residents park their vehicles or bicycles at the Villages at West Neck Community Hall, which contains 86 parking spaces located diagonally from the site, and access the site via existing sidewalks, or walk directly from their residences. • Since this property is located within the Transition Area (TA), it was recommended that the applicant appear before the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA CAC); however, the applicant chose not to attend since the project is exclusively for the use of the Villages at West Neck residents. West Neck Community Association, Inc. Agenda Items 3 &4 page 2 of 15 Zoning • # Request AG1 PDH1 MDP Approved 06/07/2016 PDH1 e_ PDH1 CRZ (AG-land AG-2 to Conditional PD-H2 (R-20 �z siGw PDH1 1 and P-1)) Approved 03/03/2015 2 Q` P1 P P1 DH1 FVR Approved 03/03/2015 PDH1 �JQ� LUP (Amendment) Approved 05/13/2008 2 yw`'P AC2 M y DP Approved 11/23/2004 `C33o'ter p 1 1 MDP Approved 06/26/2001 ---IPDH1 ? l o Pi us CUP (Golf Course) Approved 05/11/1999 CRZ (AG-1 to Conditional AG-1 with PD-H1 PDH1 Overlay, AG-1 to Conditional AG-1 with PD-H1 c 2 Overlay, AG-2 to Conditional AG-2 with PD-H1 Pi Overlay, R-40 to Conditional R-40 with PD-H1 Overlay, R-20 to Conditional R-20 with PD-H1 Overlay, AG-1 to Conditional P-1, AG-2 to Conditional P-1, R-20 to Conditional P-1. and R- 40 to Conditional P-1) Approved 05/11/1999 Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.-Alternative Compliance West Neck Community Association, Inc. Agenda Items 3 &4 page 3 of 15 Evaluation • • • The request for a Modification of Proffers and a Conditional Use Permit for an Outdoor Recreation Facility is, in Staff's opinion, acceptable. The development will be limited in scope and will solely be for the use of the residents in the Villages at West Neck. This site is located within the Transition Area, which calls for passive and active open space in conjunction with residential development. The proposed development will convert existing passive open space into active open space. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy. 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 the requests subject to the proffers and conditions listed below. 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 4 That portion of the Property located south of "Signature Way", now known as "Signature Drive" and east of Signature Circle on the 2004 Plan "MULTI-PURPOSE FACILITY @ WEST NECK CONCEPTUAL PLAN", Prepared by Langley and McDonald, Inc. shall be developed with two (2) Pickleball Courts and associated hardware, fencing and gates, in substantial conformity with the "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN (COLOR)", prepared by Civil ForSite, PLLC, which has been exhibited to the City Council and is on file with the Department of Planning, and is incorporated herein by reference (hereinafter the "Pickleball Plan"). Proffer 5 When developed, the materials and design elements of the courts and surrounding area shall be substantially the same as shown on the depicted on the Pickleball Plan. 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. West Neck Community Association, Inc. Agenda Items 3 &4 page 4 of 15 Recommended Conditions 1. The site shall be developed in substantial conformance to the concept plan entitled "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN (COLOR)", prepared by Civil ForSite, PLLC, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Should outdoor lighting be installed within the Outdoor Recreational Facility area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. The hours of operation shall be between 8:00 a.m. to 8:00 p.m., Monday through Sunday. 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 This project falls within the Transition Area in which uses should be limited to low-impact, low-density residential, low-intensity non-residential, open space and recreational, and agricultural, including row-crop farming and equestrian uses (p. 8, Transition Area Design Guidelines). Additionally, for residential development, 50% of the developable area should be designed to provide a practical balance of both `active' and 'passive' open space, which should be clearly designated, respectively, on the development plan" (p. 27, Transition Area Design Guidelines). ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. West Neck Community Association, Inc. Agenda Items 3 &4 page 5 of 15 There are no known historic or cultural resources that will be affected by this project. Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of two (2) new pickleball courts for the West Neck Community Association. Additional site improvements include a seating area, sidewalks, and stormwater management facilities to support the development. The site currently consists of recreational open space areas of managed turf and trees. Stormwater runoff from the site generally flows towards Signature Drive and into the public drainage system that collects into the existing wet pond adjacent to Signature Drive. Stormwater runoff from the proposed development will be collected into a bioretention best management practice (BMP) that will be sized for water quantity before discharging into the public drainage system along Signature Drive. Based on the information provided by Civil ForSite 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: 0.39 acres Pre-Development impervious area: 0.09 acres Post-Development impervious area: 0.3 acres Stormwater Management Facility Design Information Type of facility proposed: Bioretention Description of outfall: Stormwater runoff from the site will discharge into the public drainage system along Signature Drive and into the existing wet pond east of Signature Drive. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains north a across West Neck Road and into West Neck Creek. West Neck Creek ultimately drains into the North Landing River, through the Currituck Sound and into the Atlantic Ocean. West Neck Community Association, Inc. Agenda Items 3 &4 page 6 of 15 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2- N/A Proposed Land Use '—There will be no significant increase in trip Signature Drive 3,600 ADTI 9,900 ADT 1(LOS 4"D") generation associated with the approval of two pickleball courts for West Neck Community resident use only. 1 Average Daily Trips 'As defined by a 3As defined by two 4LOS = Level of residential pickleball courts Service community Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Signature Drive in the vicinity of this application is considered a two-lane undivided local street. The roadway is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to this site. West Neck Community Association, Inc. Agenda Items 3 &4 page 7 of 15 Public • • Planning Commission • The applicant's representative sent out a letter to the surrounding property owners with the details of the request. Staff have received fourteen (14) letters of support for the request. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. West Neck Community Association, Inc. Agenda Items 3 &4 page 8 of 15 Proposed ■ - , ' . | ( (a 0)NVld Jd30NOO . . a � . |,..t • a « § &a o Als,a od,\lNg3 § | § it ;| §! 0% § \ \§! . &{ §) \) to; &2- / / � | }) \ \ { (; e$ _« @§ � | . � � | . � cA ][ §§ - ) , K) �/ H k\ / } West Neck Community Association, Inc. Agenda Items 3 &4 page 9 ofl5 Site Photos 4 •k: �' ,4" . .' . 5s .c t � w r •ryn p:; t,b a•*„. Lt- x u, a r Disclosure DisclosureCITY OF V-B- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application West Neck Community Association, Inc. Is Applicant also the Owner of the subject property? Yes@• NoQ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noo If yes,name Representative: Kate Johnson Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@NoQ 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.) PLEASE SEE ATTACHED ENTITY INFORMATION WITH ALL OFFICERS AND DIRECTORS 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 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 (Name entity and or individual Financing(mortgage,deeds of trust, © Q cross-collateralization,etc. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 West Neck Community Association, Inc. Agenda Items 3 &4 page 11 of 15 Disclosure SECTIO DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Q O Dr'RxM58 C,gmpaiy.2W15.1 ynnna P4 SOW4M*gm r%sn,VA 234:2 Accounting/Tax Return Preparation Arch itect/Designer/La ndscape Architect/Land Planner 0 i Construction Contractor 0 Engineer/Surveyor/Agent e 0 Tyson Catlett,P.E.(Civil ForSite,PLLC) Legal Services - -� 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 om 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 connectirn with this application. Robert L.Tice —" 8/5/2025 Applicant Name(Print] Applicant Signature Date s"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§2.2-320L 2"Affilioted business entity reiatienshpp"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(q)there is shored management or control between the business entities.6actors 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 n regularba>is;or there is otherwise o close working relationship between the entities,"See State and Local Government Conflict of Interests Act,Va.Code§2,2-3101 FOR Ci7Y USE ONLY: No changes as of(date): —2/16/2025 Alexis Bailey � 9/22/2025 Staff Name)Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 West Neck Community Association, Inc. Agenda Items 3 &4 page 12 of 15 Disclosure p UACI.Wtrd AM VIKUINIA-ZU, Entity Information Entity Information Entity Name: West Neck Community Association,Inc. Entity ID: 05358940 Entity Type: Nonstock Corporation Entity Status: Active Series LLC. N/A Reason for Status: Active and In Good Standing Formation Date: 03/03/2000 Status Date: 05/14/2025 VA Qualification Date: 03/03/2000 Period of Duration: Perpetual Industry Code: 0-General Annual Report Due Date: N/A Jurisdiction: VA Charter Fee: $50.00 Registration Fee Due Date Not Required Registered Agent Information RA Type: Individual Locality: VIRGINIA BEACH CITY RA Qualification: Member of the Virginia State Bar Name: MARK R BAUMGARTNER Registered Office Address: PENDER&COWARD,222 CENTRAL PARK AVE STE 400,VIRGINIA BEACH,VA,23462-3026,USA Principal Office Address Privacy Policy(hitps:"ww%F&AEginia.gov/web-policy/) Contact Us wN..�.fl...�e.,v.wr...n....n.,/CnwwC-......w.o.....-.-._.,,.(..............>..........-min nannnv.,....n-c......Cn.n•.one.xt.,e Cnnne-l�i�n ifl West Neck Community Association, Inc. Agenda Items 3 &4 page 13 of 15 Disclosure Statement wldifLD.%IU4 AM VIK1,ANIA-,LL. 4534 Bonney Rd Ste D,Virg`nie~Beach,VA 2346E 3873,USA (https./,www.facebook.comNirginiaStateCorporabonCommission) (https://tMtter.com/VAStateCorpComm) Principal Information Last Title Director Name Address Updated Secretary Yes A.Chandler 2801 ROSE GARDEN WAY,VIRGINIA 05/14/2025 Calvert BEACH,VA,23456-0000,USA Treasurer Yes Bobby Ross 3005 Egytian Lane,VIRGINIA BEACH,VA, 05/14/2025 23456-0000,USA Yes Sharon 2871 ROSE GARDEN WAY,VIRGINIA 05/14/2025 Williams BEACH,VA,23456,USA Vice Yes Robert Tice 2709 Steinbeck Court,Virginia Beach,VA, 05/14/2025 President 23456,USA Yes Robert Gaines 2712 Einstein Drive,Virginia Beach,VA, 12/23/2023 23456,USA Yes Bruce Biddle 3132 Gallahad Drive,Virginia Beach,VA, 12/23/2023 23456,USA MEMBER-DIRECTOR INFORMATION Member Information: No Membership Provisions Provided Filing History RA History Name History Previous Registrations Garnishment Designees Image Request Back j,gReturr to Search Return to Results Back to Login Privacy Policy(https:/hvww.sec.virginia.govlweb-policy/) Contact Us •u...-.,.-....-...-.............JC..,....C.. ...,.io...-.nn.�,...n....n:,n..�M n,n..e eu-DUA(tstY�n•.mn_Cm...CMA.Anv,Ilk;e C---f,— It, West Neck Community Association, Inc. Agenda Items 3 &4 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. , West Neck Community Association, Inc. Agenda Items 3 &4 page 15 of 15 Prepared by: Parcel ld:1493-85-9904-0000 Mark R.Baumgartner,Esq.(VSB#45171) Pender&Coward,P.C. 222 Central Park Ave.,Suite 400 Virginia Beach,VA 23462 THIRD AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH WEST NECK COMMUNITY ASSOCIATION, INC. THIS AGREEMENT made this 161 clay of July 2025,by and between West Neck Community Association, Inc.,("Grantor"or"West Neck") and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, ("Grantee"or"City"). WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia,containing 4.715 acres and described in Exhibit "A"attached hereto and incorporated herein by this reference.Said parcel is hereinafter referred to as the"Property";and WHEREAS, the Grantor has initiated a second modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered First Amendment to Proffered Covenants, Restrictions and Conditions dated February 12,2001 (the"2001 Proffers") and Second Amendment to Proffered Covenants, Restrictions and Conditions dated June 30,2004(the"2004 Proffers") to reflect the amendments applicable to the land use plan on the Property;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses Page 1 on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed second modification of conditions to the zoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW,THEREFORE, the Grantor, its successors,personal representatives, assigns, grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning,site plan,building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming cinder or through the Grantor, its successors,personal representatives,assigns,grantees, and other successors in interest or title: Except as expressly superseded and/or modified herein, all Covenants,Restrictions and Conditions as set forth m the original "PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS" recorded in Deed Book 4081, at Page 0206, the 2001 Proffers recorded in Deed Book 4451,at Page 0142,and the 2004 Proffers recorded in as Instrument number 200412060191261 are ratified, affirmed and remain binding upon the Property. 1. That portion of the Property located south of"Signature Way",now known as "Signature Drive"and east of Signature Circle on the 2004 plan is"MULTI-PURPOSE FACILITY 0 WEST NECK CONCEPTUAL PLAN",prepared by Langley&McDonald,Inc.shall be developed with two (2)Pickleball Courts and associated hardware,fencing and gates, in substantial conformity with the"WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN(COLOR)",prepared by Civil ForeSite,PLLC,which has been exhibited to the City Council and is on file with the Department of Planning,and is incorporated herein by reference(hereinafter the"Pickleball Plan"). 2. When developed, the materials and design elements of the courts and surrounding area shall be substantially the same as shown on the depicted on the Pickleball Pan. Page 2 The Grantor further covenants and agrees that: All references hereinabove to the PD-HI Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions.Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said 'instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15,2-2204 of the Code of Virginia,1950, as amended.Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia, to administer and enforce the foregoing conditions and restrictions,including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied; and(b)to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction, abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may Page 3 of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: West Neck Community Association,Inc. a Virginia nonstock corporation 6 (Seal} By: /3 U h�u R ss Its: STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit; j The gfregoing instrument was acknowledged before me this 1 day of 2025 by .go , `Tr-efl.5U of West Neck Community Association,Inc.,on Yehalf of the co a o adsworth NPIFARY PUBLIC \�' N�TA9y�'j'°•, My commission Number: 3 a q all,° Mf a°m^' Expires 0.0 322099 My Commission Expires: ` a 3 ;;, 4 g G, ���•• ,'ly,���•....... Q��� ,,,''shin O Page 4 LEGAL DESCRIPTION (Parcel ID; 1493-85-9904-0000) ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia,and being known and designated as"PARCEL 1-3B,205,395 S.F.,4.715 AC.",as shown on that certain plat entitled "SUBDIVISION OF GOLF COURSE PARCEL 1-3 AT 'WEST NECK', M.B.303,PG. 96,CITY OF VIRGINIA BEACH,VIRGINIA",made by AES Consulting Engineers, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20140730000695830. IT BEING a part of the property conveyed to West Neck Community Association,Inc. by Deed dated July 31, 2014 from Baymark Golf, L.L.C., and duly recorded in the said Clerk's Office as Instrument number 20140808000736230. 4923-6608-6738,v. 9 Page 5 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #03 & 04 West Neck Community Association, Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Clerk: Our next item is items three and four,West Neck Community Association, Inc. Ms. Cuellar: I would just like to make a comment here that Commissioner Hippen has had to step away. She had a previous commitment. She's going to try to come back,but she'll be in touch with me, but just so you're aware, she did have to step away. We can reflect that in the minutes. Ms. Hippen: 01:47:55 What is this? Ms.Johnson: Good afternoon. I'm Kathleen Johnson. Excuse me. I have some allergies. I'm with the West Neck Community Association, and specifically I'm the chairperson of the recreation committee who I'm kind of embarrassed to say for three years has been working on getting these pickleball courts going. There's a joke in the neighborhood that,you know, us old folks do things slowly, but yes, so we are requesting a modification of proffers and a Conditional Use Permit for two pickleball courts. There will be seating, sidewalks and a stormwater management facility. Now, I understand that someone has some concern about sound with this and, let me tell you, members of our committee were greatly concerned about sound. The Villages at West Neck is a very quiet community and we all love the quiet there. So we actually did not one but two sound studies. In February,we actually, let's see,we got the results April 29th, 2024. We hired Pickleball Sound Mitigation, which is a global satellite company that does specifically this because pickleball sound has been a disturbance in many communities. It's the most popular and fastest growing sport in the U.S. So we had this company do a global satellite study for us, and we got a whole pamphlet from them, but I can give you their highlights. And specifically,what we asked of them was for the proposed location, will the sound propagating from pickleball play at these courts be annoying to residents and members of the community areas? Also, will there be compliance with government regulations, which our understanding is 65 decibels for daylight daytime usage here in the City of Virginia Beach. And,you know, what options would be available if we didn't meet that requirement? Well,based on the global satellite study,they said that based on the results from the predictive modeling,the sound pressure levels without mitigation will meet Virginia Beach Noise Ordinance limits. Now,they did give us some suggestions if we wanted to, you know, improve what the measurements were. And they told us about sound mitigation barrier panels,which we could construct. They gave us the information,you know, of companies that sold these. They also suggested,you know, we could have hedges that were eight to 10 feet. And they also recommended encouraging our players to use quiet rated paddles and balls. Now, some of the members on our committee didn't like the idea of a global satellite study, although one of the things that they said is that this global study, they mentioned the pond that is there and they said that the pond reflects the sound. So that would be an advantage. Now, so what our committee members did to satisfy those who,you know,were somewhat unsure of this global study is they bought handheld decibel readers and they went to courts both at the Bird Neck Road Plantation courts and the Indian River Road courts. And they took their own decibel meter readings at distances of 25 feet, 50 feet and a hundred feet away from the courts during active play. And they came back with similar results saying that all readings fell at or below 55 decibels now, and they only went up to a hundred feet. Our understanding is that the closest neighbor or residence from our courts is over 500 feet. So we feel,you know,really confident that we are within,you know, city below what the city would want from us. And yet, when the courts are built, we are leaving the option of this barrier wall if there are complaints because we do wanna be, you know, considerate of the noise if, if we're both wrong. But we really have entertained this. Ms. Cuellar: Thank you very much. Are there any questions? Commissioner Cromwell? Mr. Cromwell: How about your hours of operation? Ms. Johnson: Our hours would be daylight hours only. So I think that would be, you know, 8:00 a.m. to 8:00 p.m. We will,we have no intention of ever putting up lights there. There will be no lighting and of course the courts will be amply fenced and only our residents will be playing there and they will have a code to get in. So it would be daylight operating hours only. Mr. Cromwell: Not trying to be hard to get along with,but daylight begins at sunrise. So in summertime it's at 5:30. Ms. Johnson: Well... Mr. Cromwell: Do you need to specify, in other words, would you all specify 08:00 to 08:00 in your condition? Ms.Johnson: Yes. I mean, it would not exceed 8:00 p.m. and yes. If it's dark, there will be no play during... Mr. Cromwell: Yeah. How about before 8 o'clock? In other words,we'll start at 8 o'clock and end at 8 o'clock. Ms. Johnson: Yes. Start at 08:00, end at 08:00, correct. Mr. Cromwell: Okay, thank you. Ms. Cuellar: Commissioner Plumlee. Mr. Plumlee: I'm not expressing any opinion on this,but it says should outdoor lighting be installed, a plan would be submitted. But you're saying if I understood your testimony that there would be no lighting for the courts? Ms.Johnson: We have no plans for any lighting at this time. I mean... Mr. Plumlee: 01:55:11 Okay. Ms. Johnson: We don't anticipate that we would ever request that. As I said, we're usually in bed, you know,pretty early. I'm sorry, maybe I'm speaking for myself,but... Mr. Plumlee: So are you, are you opposed to the removal of that condition? It's about, it saying should outdoor lighting... Ms.Johnson: I'm not sure I understand what you're saying. Mr. Plumlee: Since you don't plan to have lighting, there's no need to have a condition stating should you have lighting, you will submit a plan, et cetera. Is that fair? Ms.Johnson: Correct. Mr. Plumlee: Okay. Thank you. Ms. Cuellar: Commissioner Coston? Mr. Coston: I don't know if staff, I have a question for y'all. Did y'all say that if they were to put up pipes, they would still have to come back to you? Ms. Eisenberg: Right. We recommend the condition to remain that should they install lighting in the future,that it meet this condition. Mr. Coston: It's coming back for lighting plan approval? Ms. Cuellar: Any additional questions? Thank you very much. Okay. Madam Clerk, do we have any speakers for this application? Clerk: There are no speakers signed up. Ms. Cuellar: Thank you very much. We'll open up the floor now for discussion and a motion. Commissioner Coston? Mr. Coston: I move that we approve this application. Mr. Plumlee: Second. Ms. Cuellar: There's a motion for approval by Commissioner Coston, seconded by Commissioner Plumlee. Discussion? Ms. Byler: Madam Chair, I respectfully abstain from voting on this matter due to reasons that have been stated in a letter and submitted to the City Attorney. Ms. Cuellar: Thank you very much, commissioner Yes, Commissioner Cromwell? Mr. Cromwell: Can we add the condition about the hours from 08:00 to 08:00? Ms. Cuellar: Are you agreeable to that? Oh,pardon me? Yes. John was first. Mr. Plumlee: Yeah, I'll agree if John's agreeable as well to amend it, to add 08:00 to 08:00 as a condition. Ms. Cuellar: Any further discussion? I'll go ahead and repeat the motion then that we have a motion on the floor from Commissioner Coston to approve the application with the additional condition that operating hours will be from 8:00 a.m. to 8:00 p.m. seconded by Conunissioner Plumlee, and Commissioner Byler is abstaining. Clerk: The vote is open. By recorded vote of eight to zero with one abstention from Commissioner Byler, items three and four,West Neck Community Association has been recommended for approval. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X Byler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers Proffer 4 That portion of the Property located south of"Signature Way", now known as "Signature Drive" and east of Signature Circle on the 2004 Plan "MULTI-PURPOSE FACILITY @ WEST NECK CONCEPTUAL PLAN", Prepared by Langley and McDonald, Inc. shall be developed with two (2) Pickleball Courts and associated hardware, fencing and gates, in substantial conformity with the "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN (COLOR)", prepared by Civil ForSite, PLLC, which has been exhibited to the City Council and is on file with the Department of Planning, and is incorporated herein by reference (hereinafter the "Pickleball Plan"). Proffer 5 When developed, the materials and design elements of the courts and surrounding area shall be substantially the same as shown on the depicted on the Pickleball Plan. Conditions 1. The site shall be developed in substantial conformance to the concept plan entitled "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN (COLOR)", prepared by Civil ForSite, PLLC, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Should outdoor lighting be installed within the Outdoor Recreational Facility area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1 -`� ARROWHEAD DR ;1 0 y 4 ® Site N ® zoning SS Newtown LLC - (DBA) (Arrowhead Car Care) � ! E 157 Property Polygons 5773 Arrowhead Drive, Suite 107 S Feet 0 25 50 100 150 200 Map created by Planning Department on 9/16/2025 'la BC 4yt--- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SS NEWTOWN LLC — DBA (ARROWHEAD CAR CARE) [Applicant] ARROWHEAD THREE LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 5773 Arrowhead Drive, Suite 107 (GPIN 1457939303). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage in a 1,260 square foot suite in an industrial condominium on an 1-1 Light Industrial zoned parcel. The services provided will include general automotive repair and maintenance, including oil changes and tune-ups. The proposed hours of operation will be from 10.00 a.m. to 7:00 p.m., Monday through Saturday. There are two employees associated with this business. The applicant has installed a 13-inch sign on the suite's door; no additional exterior changes are proposed to the site. ■ Considerations: The property is located in the Newtown Strategic Growth Area Master Area which calls for long-term redevelopment of this area into a series of mixed-use developments. Additionally, the site is located in close proximity to Phase I of the Virginia Beach Trail. While not meeting the Comprehensive Plan's recommendations for the Newtown SGA Plan, the request for a Conditional Use Permit is deemed appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Newtown SGA Plan. Since the proposed use does not align with the vision outlined in the Comprehensive Plan for this area, staff recommended a five-year expiration on the Conditional Use Permit, should it be approved. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. SS Newtown LLC— (DBA) Arrowhead Car Care Page 2 of 2 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the Automobile Repair Garage use after such expiration, a new Conditional Use Permit shall be obtained. 2. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 3. No vehicles in an obvious state of disrepair shall be parked in the parking lot at 5773 Arrowhead Drive or on Arrowhead Drive. 4. All maintenance and repair activities shall be conducted exclusively within the designated unit located at 5773 Arrowhead Drive, Suite 107. 5. Hours of operation shall be between 10.00 a.m. and 7.00 p.m., Mondaythrough Saturday. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C , City Manager:�V Agenda Applicant: SS Newtown LLC— DBA (Arrowhead Car Care) Property •wner: Arrowhead Three LLC Planning Commission ' • September 1 2025 CouncilCity - • Project Details Request Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval Staff Planner 4t ea,unat is �y'1z hMkrtyyltt A3:' �. Alexis Bailey 4�,tti'.y N Location 5773 Arrowhead Drive, Suite 107 GPIN - k: 1457939303 Ih Site Size 1,260 square feet �hf AICUZ Less than 65 dB DNL Watershed Chesapeake Bay gi?Ro Existing Land Use andZoning District Industrial offices/ 1-1 Light Industrial Surrounding Land Uses andZoning Districts North Arrowhead Drive Industrial offices/ 1-1 Light Industrial ur South Townhouses/A-18 Apartment _ Last Warehouse, townhomes/1-1 Light Industrial/A-18 Apartment West Warehouse/ 1-1 Light Industrial SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 1 of 13 Background of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage within an existing 1,260-square-foot suite in an industrial condominium on this 1-1 Light Industrial zoned parcel. • The site is located within the Newtown Strategic Growth Area (SGA). • The proposed Automobile Repair Garage will provide general automotive repair and maintenance services to include oil changes, tune-ups, and suspension drive axle repair. • The proposed hours of operation are from 10:00 a.m. to 7:00 p.m., Monday through Saturday. There is a total of two (2) employees associated with this business. • All work and storage of materials will occur within the building. No body work or paint work will take place on the subject site. • Per Section 203(a)(16) of the Zoning Ordinance, Automobile Repair Garages require one parking space per 900 square feet of floor area. The proposed Automobile Repair Garage will require two parking spaces, and four spaces are provided on-site, exceeding the parking requirement by two spaces. • The applicant has installed a 13-inch sign on the suite's door; no additional exterior changes are proposed to the site. SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 2 of 13 -Zoning • # Request 21, CUP (Automotive Repair Garage) Approved ARROWkEADDR""' 07/13/2021 1 CUP (Automotive Repair Garage) Approved 10/18/2018 2 CUP (Automobile Repair Garage) Approved 08/15/2017 r A18 r' Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT:Alternative Compliance Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable, as in interim use. The subject site is located within the Newtown Strategic Growth Area Master Plan which calls for long-term redevelopment of this area into a series of mixed-use developments. Additionally,the site is located in close proximity to Phase I of the Virginia Beach Trail. However, the proposed Automobile Repair Garage uses are in keeping with the existing light industrial uses and landscape of the area today and are deemed appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Newtown SGA Plan. No major alterations are proposed to the building, and sufficient parking is provided on site. In Staff's opinion, this use will not be detrimental or negatively impact adjacent properties. The recommended conditions ensure that all repairs will occur within the building. Based on the considerations above, Staff recommends approval of this request, subject to the conditions below. SS Newtown LLC— DBA (Arrowhead Car Care) Agenda Item 11 page 3 of 13 Recommended Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the Automobile Repair Garage use after such expiration, a new Conditional Use Permit shall be obtained. 2. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 3. No vehicles in an obvious state of disrepair shall be parked in the parking lot at 5773 Arrowhead Drive or on Arrowhead Drive. 4. All maintenance and repair activities shall be conducted exclusively within the designated unit located at 5773 Arrowhead Drive, Suite 107. 5. Hours of operation shall be between 10:00 a.m. and 7:00 p.m., Monday through Saturday. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This site falls within the Newtown Strategic Growth Area (SGA). The Newtown SGA Master Plan envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities, and a variety of civic, commercial, artistic, and ethnically diverse areas. Transformation of underutilized commercial properties into a series of mixed-use development opportunities and public infrastructure improvements are key initiatives in the Newtown SGA Master Plan.The Plan - ------- �SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 4 of 13 designates the subject property within the Arrowhead Industrial Park, which is characterized by a small concentration of one-story industrial buildings surrounded by residential uses, predominantly in the south of the industrial park. The Plan envisions these industrial uses to be relocated to more suitable areas of Virginia Beach to enable the transformation of the subject area into new residential blocks and new neighborhood retail that will serve the opening of the adjacent Newtown light rail station. ResourcesNatural & Cultural • 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 Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z- No data available Proposed Land Use '—There will No existing traffic be no significant change in trip Arrowhead Drive counts available for 9,900 ADT 1(LOS 4"D") generation for this strop this roadway commercial/industrial center with this proposed auto repair use. Auto repair is an expected use of this type of industrial development 'Average Daily Trips 'As defined by a strip 'As defined by an 'LOS = Level of commercial/industrial automobile repair Service center garage Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Arrowhead Drive in the vicinity of this application is considered a two-lane undivided local street. The roadway is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. SS Newtown LLC—DBA Y(Arrowhead Car Care) Agenda Item 11 page 5 of 13 Public Utility Impacts Wa ter&Sewer The site connects to City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 6 of 13 Proposed 4: w q " SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 7 of 13 Site Photos 41" { t . a 4, f to IV �11! �IIII �IiM/i1�1l�IrII r,� SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 8 of 13 Site Photos A., 77, SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 9 of 13 Disclosure ------------ va (+ VIRGINIA Disclosure BEACH The disCiosures 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 ondjor 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 SS NEWTOWN LLC-DBA(ARROWHEAD CAR CARE) Is Applicant also the Owner of the subject property? Yeso Nob If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE jpoge 3). Does Applicant have a Representative?YesO NoO if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(�)Noo If yes,list the runes of ail officers,directors,members,or trustees beiowAND businesses that have a parent-subsidiary 1 or affiliated business entity I relationship with the applicant(Attach list if necessary) FERDA AYDOGAN(OWNER) IUMIT KANIK(OWNER) 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 Nog if yes,name the official or employee,and describe the nature of their interest. I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity, andjor individual providing such services must he identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ Name entrt,and or indivrdual� {Financing(mortgage,deeds of trust, yy cross collateralixation,etc.) Real Estate BrokerjAgentJRealtor Disclosure Statement I rev, May-2024 page 1 of 3 SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 10 of 13 APPLICANTDisclosure Statement SECTION 1: DISCLOSURE ;d SERVICE YES NO SERVICE PROVIDER Nome entr`t and or individually — jAq�ounfinalax Return Preparation 0 E) Architect/Designer/Landscape Architect/Land Planner Construction Contractor ( _ ___._._ 0 ,Engineer/Surveyor/Agent Legal Services _ 0 0 APPLICANT CERTIFICATION READ.I certify that oll 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. SS NEA7OWN LLC DBA(ARROWHEAD CAR CARE Applicant Name(Print) Appli ant Signature Date t"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 thi)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 awn 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). ---9/16/.2Q2 5._ Alexis Bailey __91222025 ___ --- •cQ-- - - _--- Staff Name)Print) Staff Signature Gate Disclosure Statement I rev. May•2OZA page 2 at 3 SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 11 of 13 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on applicationrevaY�e, l,i-G• __ Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?yesWfioo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 at affiliated business entity=relotiof! w_! h the applicant.)Attach list if necessar . 3k.� G --k SA*u 7-t3twV_ �QR 1`1 f'�ct• �S'1.(.`W tx1N , Does the subject property have a proposed or pending purchaser? Yeso No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o N&k 11 yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the fallowing services are being provided in connection to the subject applicntion or any business operating or to be operated on the property.The not of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity andJar individual Financing(mortgage,deeds of trust, _ crass-coilateralization,etc.) Real Estate Broker/Agent/Realtor'_JT_`� Accounting/Tax Return Preparation 0 OD Arch itectJDesigner/Landscape 0 yArchitect/Land Planner Construction Contractor Q � En sneer/SurveyarJA eat 01 LegaIServiees _ 0 PROPERTY OWNER 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 commit connection with this application. Property Owner Name(Print) Property owner Signature Date Disclosure Statement I rev,fviay-2u24 page 3 of 3 SS Newtown LLC— DBA (Arrowhead Car Care) Agenda Item 11 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. SS Newtown LLC—DBA (Arrowhead Car Care) Agenda Item 11 page 13 of 13 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #11 SS Newtown Road, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item for our consent agenda is item number 11, SS Newtown, LLC. Is there a representative here for this item today? Please state your name for the record. Mr. Ferda: Hey,this is Ferda. Hey, Mr.Vice Chairman. I am a business owner and I own a used car dealership and my location doesn't allow to any repairs, so we find this location in very close to our dealership and we try to help our customers to get regular maintenance. That's all. Mr. Coston: Are the conditions acceptable to you? Mr. Ferda: I do,yeah. Mr. Coston: Thank you. You may be seated. Is there any objection to this item being placed on the consent agenda? Hearing none, we've asked Commissioner Camp to read this item into the record. Mr. Camp: The location is at 5773 Arrowhead Drive, suite 107. The applicant is requesting a Conditional Use Permit to operate an automobile repair garage within an existing 1,260 square foot suite in an industrial condominium on this I-1 Light Industrial zoned parcel. The subject site is located within the Newtown Strategic Growth Area Master Plan area, which calls for long-term redevelopment into a series of mixed use developments. However,the proposed auto repair garage uses are deemed appropriate as an interim use until the surrounding area begins to redevelop. Consistent with the SGA plan, the Conditional Use Permit shall expire after five years from the date of City Council action to continue the automobile repair garage. After such expiration, a new Conditional Use Permit shall be obtained. Mr. Coston: Thank you. (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: 1, 2, 7, 11, 13, 16, 19, 20, and four records of minutes. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Motion to approve. Ms. Cuellar: Motion to approve by Commissioner Plumlee. Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Second by Commissioner Schoonover. Are there any commissioners abstaining from the consent agenda? Hearing none. The motion for approval once again is by Commissioner Plumlee, seconded by Commissioner Schoonover. Any further discussion? Mr. Plumlee: May I just say, I did abstain with regards to the minutes, which are also,but those abstentions are noted in the record. Ms. Cuellar: Correct. Thank you very much. As for the rest of the commissioners as well that are abstaining, Clerk: The vote is open. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: Second. Clerk: Vote was open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes,items 1,2,7, 11, 13, 16, 19,and 20 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 and for those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in person,but you are also free to leave. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action.To continue the Automobile Repair Garage use after such expiration, a new Conditional Use Permit shall be obtained. 2. No outside storage or display of equipment, parts,tires, merchandise, or materials shall be permitted on the site. 3. No vehicles in an obvious state of disrepair shall be parked in the parking lot at 5773 Arrowhead Drive or on Arrowhead Drive. 4. All maintenance and repair activities shall be conducted exclusively within the designated unit located at 5773 Arrowhead Drive, Suite 107. 5. Hours of operation shall be between 10:00 a.m. and 7:00 p.m., Monday through Saturday. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ?su ol 02 02 Pin ' D Site N Zoning The Church in Virginia Beach WE Property Polygons 5263 Greenwich Road S Feet 0 25 50 100 150 200 Map created by Planning Department on 9/16/2025 �",. "..� 4� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE CHURCH IN VIRGINIA BEACH [Applicant & Property Owner] Conditional Use Permit (Religious Use) for the property located at 5263 Greenwich Road (GPIN 1467635850). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to construct a church on a 1.59-acre parcel zoned 0-2 Office District, located along Greenwich Road. The site lies within the Newtown Strategic Growth Area and is adjacent to the future Virginia Beach Trail. The proposed development includes a two-and-a-half-story, 10,500 square foot building featuring a 200-seat sanctuary, classrooms, and administrative offices. An additional 1,500 square foot covered outdoor pavilion is planned to the east of the main structure. The proposed building will be 40 feet in height, well below the 75-foot maximum height allowed in this zoning district. The building will feature materials such as vinyl lap siding, PVC trim, asphalt shingles with metal roof accents, and glass. The proposed landscape plan includes the required street frontage and foundation plantings. A single freestanding sign is proposed, measuring 4 feet by 5 feet, and will include landscaping at the base in compliance with ordinance standards. The site will provide 51 parking spaces, exceeding the 40 spaces required for the 200- seat sanctuary, as well as six bicycle parking spaces, meeting all parking requirements. While the Zoning Ordinance requires a minimum lot size of three acres for religious uses, the applicant is requesting a deviation from this standard, as the proposed lot is only 1.59 acres. Church services are planned for Sundays and Wednesday evenings, with smaller gatherings such as Bible studies throughout the week. The church anticipates hiring four full-time employees to support the use. ■ Considerations: This request for a Conditional Use Permit to allow a Religious Use on a 1.59-acre, 0-2 zoned parcel located within the Newtown Strategic Growth Area (SGA), is recommended for approval by both Staff and the Planning Commission. While the Newtown SGA Plan envisions this site as future public open space, the current zoning permits religious uses with a Conditional Use Permit. While the SGA Plan encourages buildings to be located closer to the street with parking in the rear, the The Church in Virginia Beach Page 2 of 4 applicant has chosen to retain and reuse the existing parking lot and apply the standard setbacks allowed in the 0-2 District. Additionally, Traffic Engineering has noted that due to the limited space between the existing parking lot and the curb line, the entrance on Greenwich Road cannot meet the dimensions required for a commercial entrance, as detailed in the Public Works Design Standards Manual. As such, a variance will be needed during final site plan review. Public Works has indicated a willingness to work with the applicant and does not anticipate issues in granting the variance. Planned improvements also include curb and gutter enhancements along Greenwich Road. At their September hearing, the Planning Commission recommended approval of the request with an additional condition (Condition 10 below) to require the installation of a 5-foot-wide sidewalk with an ADA-compliant ramp at the west side of the driveway entrance to serve pedestrians who will ultimately utilize the VB trail located north of the site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff is unaware of any opposition to the request, and three speakers spoke in support of the item at the Planning Commission hearing. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The total lot area is 1.59 acres. This lot area is a deviation from the three-acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "THE CHURCH IN VIRGINIA BEACH CONCEPT PLAN — CONCEPT SITE PLAN — SHEET CP-1", prepared by WPL, LLC, dated 06/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual landscape plan exhibit entitled, "THE CHURCH IN VIRGIIA BEACH CONCEPT PLAN — CONCEPT LANDSCAPE PLAN — SHEET CP-2", prepared by WPL, LLC, dated 06/27/2025, 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 and approved by the Development Services Center Landscape Architect prior to the final site plan approval. The Church in Virginia Beach Page 3 of 4 4. The building will be constructed in substantial conformance with the submitted rendering entitled "5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 5. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 6. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 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. 8. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 9. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 10.A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. ■ 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 The Church in Virginia Beach Page 4 of 4 City Manager: Agenda Item 12 Applicant & Property Owner: The Church in Virginia Beach Planning Commission PublicSeptember 1 2025 CouncilCity - • --- --- ---------------- Project Details Request Conditional Use Permit (Religious Use) r r 2 Staff Recommendation Approval �L6VELANDS7 OF Staff Planner a m" °P p4 Gil, 2 N Marchelle Coleman Nm� '°ygoy____.._ 264 _:_ ., : SOUTME p... __ _ .. .__.__.. ......Yr BLVD ACADEMY RD ACADEMY - 7� Location Cr ° 5263 Greenwich Road a GPIN o 1 w 1 _ 1467635850 w Q y `• i C AMtSH O y Ci p Site Size wOVERMOLi ` d 1.59 acres A DR AICUZ AROc MENT A"O�E GRAA^SON 1 Less than 65 dB DNL Wa tershed Chesapeake Bay Existing Land Use andZoning District Parking lot/0-2 Office Surrounding Land Uses and Zoning Districts Ro North Dental office, pump station/ 1-1 Light Industrial , South Undeveloped lot, Elisabeth River/0-2 Office East Greenwich Road, 1-264 Interstate West Office /0-2 Office The Church in Virginia Beach Agenda Item 12 page 1 of 16 Background _& Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Religious Use to construct a church on this 1.59- acre 0-2 Office District zoned parcel. • The site is located along Greenwich Road, east of 1-264, and is within the Newtown Strategic Growth Area (SGA),just south of the future Virginia Beach Trail. • The applicant is proposing to construct an approximately 10,500 square foot, two and a half story building on the property to include a 200-seat sanctuary, classrooms, and administrative offices. Additionally, a 1,500 square foot covered outdoor pavilion is proposed to the east of the main building. • The proposed building elevations depict materials consisting of vinyl lap siding, PVC Trim, asphalt roof shingles with metal roof accents over the front porch, and glass. The building's height is proposed at 40 feet, which is below the 75-foot maximum height permitted within the 0-2 Office District. • As depicted on the Conceptual Landscape plan, the proposed landscaping improvements include street frontage and building foundation plantings intended to satisfy all applicable landscaping requirements. Due to limited frontage space and existing easements in this area, the applicant proposes to relocate three of the required street frontage plantings to an alternate location on the site. Specifically, the plan identifies the planting of three additional trees west of the main building, adjacent to the existing on-site parking lot. • As mentioned previously, the lot area for the proposed Religious Use is 1.59 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. • Church services will be held on Sundays from 10:00 a.m. to 12:00 p.m. and on Wednesdays from 7:30 p.m. to 9:00 p.m. The applicant also anticipates hosting small-scale bible studies and meetings at other times throughout the week. • The church plans to employ a total of four full-time employees. • One freestanding sign is proposed, measuring four feet wide by five feet in height. As conditioned, all signage must comply with the requirements of the Zoning Ordinance. As depicted on the conceptual landscape plan, the proposed sign will include the required landscaping around the base. • Per Section 203 of the Zoning Ordinance, one parking space per five seats or bench seating in the main auditorium is required for Religious Use. A total of 40 parking spaces are required for the proposed 200- seat sanctuary. 51 spaces are provided, as shown on the conceptual site plan, exceeding the parking requirement by 11 spaces. Six bicycle spaces are required and have been provided. The Church in Virginia Beach Agenda Item 12 page 2 of 16 Zoning • No prior Zoning actions to report 1-1N, ?gq �RF - Fti ,cyRp 1z6 02 RIO Applica tion Types CUP:Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT:Alternative Compliance Evaluation • • . • The request for a Conditional Use Permit for a Religious Use is, in Staff's opinion, acceptable. The site is in the Newtown SGA, which envisions this site to be utilized as public open space. The property is currently owned by the applicant and is zoned 0-2 Office District, which permits religious uses with the approval of a Conditional Use Permit.The applicant is following the appropriate process by requesting a Conditional Use Permit for the proposed use, which is consistent with the allowable uses under the existing zoning designation. While the Newtown SGA Plan provides guidance for future land use and development, it does not override the property owner's right to develop the site in accordance with the Zoning Ordinance. Additionally, religious uses are typically considered low-intensity and compatible with the surrounding office and residential uses, and the proposed development is not expected to generate adverse impacts on the surrounding area. Staff also recognizes that approving the request for a religious use does not permanently eliminate the potential for public open space in the future, should circumstances change or acquisition opportunities arise. In the interim, the proposed religious use would provide a beneficial community service and represent a reasonable and appropriate use of the property. The Church in Virginia Beach Agenda Item 12 page 3 of 16 Additionally, the Newtown SGA Plan encourages buildings to be oriented closer to the right-of-way, with parking located behind the buildings to support a more pedestrian-friendly streetscape. While Section 283 of the Zoning Ordinance allows for reduced setbacks within Strategic Growth Areas when certain conditions are met, the applicant has opted to utilize the standard setbacks required by the 0-2 Office District. As the applicant intends to reuse the existing parking lot to support the construction of the proposed two-story church, staff finds the proposal to be consistent with zoning requirements and appropriate for the site. As stated previously, the site does not meet the minimum three-acre lot area requirement for a Religious Use. The site is approximately 1.59 acres. 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 1 of the Conditional Use Permit has been added to address this requested deviation. Staff is supportive of the deviation request. The conceptual site plan has been reviewed by the Fire Marshal's Office to ensure adequate emergency access and to comply with the Virginia Beach Fire Prevention Policy. No concerns were raised at this time; however, further review of the development will take place during final site plan review. The City's Traffic Engineering staff has determined that the proposed access point on Greenwich Road must comply with the Public Works Design Standards Manual (PWDSM) requirements for a commercial entrance. Per Section 3.9.C, "Commercial entrances will have a width of 30 feet at the point of tangent in the entrance." However, due to limited space between the existing parking lot and the curb line, there is insufficient room to meet this standard. As a result, a Public Works variance for entrance throat length and dimensions must be submitted during final site plan review. Public Works does not foresee any issues with granting the variance request at this time and is willing to collaborate with the applicant to address entrance requirements. Although final entrance standards will be reviewed during site plan review, the applicant will incorporate curb and gutter improvements along Greenwich Road, as shown on the conceptual plans. Based on the considerations above, Staff recommends approval subject to the conditions listed below. Recommended Conditions 1. The total lot area is 1.59 acres. This lot area is a deviation from the three-acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "THE CHURCH IN VIRGINIA BEACH CONCEPT PLAN —CONCEPT SITE PLAN —SHEET CP-1", prepared by WPL, LLC, dated 06/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual landscape plan exhibit entitled, "THE CHURCH IN VIRGIIA BEACH CONCEPT PLAN—CONCEPT LANDSCAPE PLAN —SHEET CP-2", prepared by WPL, LLC, dated 06/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. A Landscape The Church in Virginia Beach Agenda Item 12 page 4 of 16 Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The building will be constructed in substantial conformance with the submitted rendering entitled "5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 5. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 6. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 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. 8. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. A Photometric Lighting Plan shall be submitted, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 9. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 10. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. 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 Church in Virginia Beach Agenda Item 12 page 5 of 16 Comprehensive Plan Information The Comprehensive Plan designates the subject property as being located within the Newtown Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities, and a variety of civic, commercial, artistic, and ethnically diverse areas. Transformation of underutilized commercial properties into a series of mixed-use development opportunities and public infrastructure improvements are key initiatives in the Newtown SGA Master Plan. The Land Use Master Plan in the Newtown SGA Master Plan shows this property is envisioned for public open space (p. 12, Newtown SGA Master Plan) ResourcesNatural & Cultural • 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 Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use '—0 ADT Existing Zoning (1.6 0-2 zoned Greenwich Road No Data Available 9,900 ADT 1(LOS 4 "D") parcel)—525 ADT Proposed Land Use 3- 105 ADT weekday, 315 ADT Sunday 1 Average Daily Trips 'As defined by an 'As defined by a 4LOS= Level of vacant undeveloped 10,000 square foot Service lot religious use Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Greenwich Road in the vicinity of this application is considered a two-lane undivided local dead-end street. The roadway is not included in the Master Transportation Plan. No roadway CIP projects are slated for this area. Active Transportation Plan The Active Transportation Plan calls for a protected bike lane along Greenwich Road. The Church in Virginia Beach Agenda Item 12 page 6 of 16 Public Utility Impacts Wa ter There is an existing 8-inch city water main along Greenwich Road. There is a portion of a 42-inch city water transmission main located in the north-east corner of the property. The site must connect to city water. Sewer There is an 8-inch city sewer gravity main located about 220 feet west of the northern property line. There is no gravity sewer fronting the property; extension of a private gravity lateral or private force main may be an option with approval of an encroachment from the adjacent owner. Sewer and pump station analysis for pump station #402 is required to determine if future flows can be accommodated. Public Outreach Information Planning Commission • The applicant reported that the proposal was presented to the president of the adjacent office condominium association. It was subsequently brought before the association's ownership, where a vote was held and passed to grant a sewer easement and to express support for the proposal. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. The Church in Virginia Beach Agenda Item 12 page 7 of 16 Q � � a SITE STATISTICS me • PROPERTY DESCRIPTION. 5263 GREENIMCH ROAD GPIN 1 A67b33585 0000 N s PROPERTY ZONING: P2 = Wi F BUILDING SETRACKS: 35'FRONT _ 20'SIDE U S R s 20•REAR W !I • m _ s'eRarEN.svL TOTAL PROPERTY AREA. 59, AIIrnmIrlKl. - Q591 SQUARE FEET Z W50 tl?je)ILiRN Zg 6`F MAXIMUM LOT COVERAGE: 25% 17,398 SF V�d R m IL= F PROPOSED BUILDING AREA: 15.1% 10,500 SF j N PROPOSED PAVILION AREA 2.2% I,$00 SF 2"E a 9 Up w a- O90 PARKING REQUIRED. RO SPACE U 0 n Z Y o-,rr.-R: nirsvawr#owrm 1200 SEATS IN THE MAIN U '_ 0 ;K tl:Jri•C.:eS r:Rnnnwol.aps'rwY n ..cns:Tln-s-Lr AUDfTORIUM! _ - U n - rera.., -- IM �+ '.-�, 1� 4. PARKING PROVIDED 51 SPACESTn - w m q 17 rK _ .rr .n..oa.ecuna F °" am.nwce rrcruar r a3 PARCEL A'P •------------------------------a___ J I wi'A W3e Tom-I•-.F � �✓ }f�•�.a•[m�i<� \ dlha?.►i Yr�.aav`w%t-.+ ?a r�l.:,. - � �r`�� f/ �\ i lgWgnw� �d% 1\ nwrJ::_rx 4tf t5 1 e'An� •-��i4. �CAMI L �.� �`/.' ` / i?l-a xa:•lL r \^ L� tr za+ sR-t. a w�,:AID 'w ✓ #R ei 1 C r� r-+s fY:e'� E i um RACY !tui - `.t.Y•3; -`: �'� y.rsas mvAQv I ....... � fap Oai 1pl 0.car-rk \ ;:L?•#V q is n S The topographic informidw depicted hereon was established 22S ul i D =3, from a composlle of aerial photography,GIS records and Ot7 information P—ded by others.ACCURACY IS NOT GUARANTEED ~GRAPHIC SCALE t fD C Measurements m be field senfi d pdc,to use hereof I CP-I 00 (D W PLOT DATE:August 15,2025 PLAN STATUS:CONCEPT PLAN +�+^ <•-^ -. 0 3 (D -^ 0) Nit, CT) Iv ? CIEE4001 ROAD . 4 • SIM FRONiACE SHRUGS q REOl.0 275hRU35'.m7U/AU•J7 PROt00E3 27WU35AiWD1M • rREEi BORTAGE TREES REOURED SMEDIUM-AEES(10ILF/25L7•4.3) N CONCEPT PLANT SCHEDULE PROVIDD 5WDIUM_REES - MOTE:Ezm1G 1MN1NG;D'15 TO rE MA'MMNED.ALL STREET - FRONTALERAN'INGSSNALLREPROYIJEDELSENM1EAEONLTEDA S n UM TRFE 1 TO HI FFICIENT FRONTICE SPACE•EASEMENT CONF:Kr5 RY I!um-A"IROF U c RUNNING PARKING'Z"': 5 Z 5 EX STNIG PARKING:OT TO REMA N-NO ADDITIONAL'AEES Aqf z VA STATE PLANE MUNGATIMSHRUR 1E REOUIM WITH THIS PLAN • > g • mmm 1ExS�w"auIL1 Was 'r A111E6 PJILDINC FOUNDATION 6 SCREE-NWC z s Q. A[(11ARE0- I7 SMnus(1Jj LtR r/Is3F• U, �-z FROVIDD: 275XRLG5 4•.FesF' N zTO-AL FLAMRNS OFFERED SMED;IN TREES u. S,SX0.11R5 V O - F HAR I sATwlwaAnaaGaE PLANTING CALCUL4T10NS G z r..�:rPt �e;. 1 - = ,, I TN Y ',.. .� i u t 0 (tx rr ar W • --- -------------- __ _ Cr ». - . ' Uw .Yi11RRAICls1� 'Hare,1A3 IXYO Wr- -S's •� �u �A A-y t +m . . �,�ar. s MWOAIW a.x1, .. 0 M.a •� «RSOMr1Y \-- ALn ran ----------------- ------------- - -'-- --`-------'� -mac 1 a II � 'Ti H•U Z I- -•,r �eR�u� •,ST• 3. I/ � E f — PROPOSED BUILDING lamss w ''��`�d.A"..`'"•. 'a,. •., N -m>.ss 4,200Sf ..:,,v.,. 5 -i -1 \t Ts �•Ey' at :-tA ATr cFx.°u T - t /l//j/%%//!///%///j//% J/ //j`//��iyg�• \, T EaRRw o -....',: .. v +aria scAc-rot aU7afA, = \ �a 1 S D The topographic information depicted hereon was established a. a X„n, e, r+ 225-0112 from a composite of aerial photography.CIS words and t� (D C information provided by others ACCURACY 15 NOT GUARANTEED. GRAPHIC SCALE 3 _ Measuremems to be field venfied prior to use hereofCU - _. CP-2 D1 __ __ -._�._.__-___ .___ ---__..__._..._._._.._ 3 (D PLOT DATE:August 15,2025 PLAN STATUS:CONCEPT PLAN N N n Ol N S Proposed Building Rendering ME TM u 0 d C N o_d c m� o N �O 4 c =o m H rn c m � L J f- O 5+U� .na Ux < QJ C7 N LO m d =o c C rd' O O O L O)O d G!Jt=w rnd c �� m E m�- _o � O O� � N H Y The Church in Virginia Beach Agenda Item 12 page 10 of 16 Proposed Freestanding Sign 5 R � Proposed Sign Rendering for The Church in Virginia Beach 5623 Greenwich Road The Church in Virginia Beach Agenda Item 12 page 11 of 16 Site Photos let > . r The Church in Virginia Beach Agenda Item 12 page 12 of 16 Site Photos �. Anka u : 6 Y' _ I a, The Church in Virginia Beach Agenda Item 12 page 13 of 16 Disclosure CITY OF V--13- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application The Church in Virginia Beach Is Applicant also the Owner of the subject property? Yes@ No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No0 If yes,name Representative: Paul Niesen Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@No0 If yes,list the names of a//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.) I urret trustees:Paul Niesen(also President),Andree Kurniawan,Wirawan Purwanto,Andrew Miller Does the subject property have a proposed or pending purchaser? YesU No If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, cross-collateralization,etc. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 The Church in Virginia Beach Agenda Item 12 page 14 of 16 Disclosure SECTION • . -• SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation ® 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor ® 0 Engineer/Surveyor/Agent e ® Brad Martin,WPL Legal Services (F) © Sean Reilly,Hanger Law APPLICANT CERTIFICATION READ:i certify that all information contained in this Farm 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. Beach Borough Development,LLC Paul Niesen 06/29/2025 Applicant Name(Print) Applicant ignature 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 N 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 Mate and Loco/Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 9/19/2025 %'.G GG�Bl�r�rfc, Marchelle Coleman 9/19/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 The Church in Virginia Beach Agenda Item 12 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Church in Virginia Beach Agenda Item 12 page 16 of 16 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #12 The Church in Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Number 12,The Church in Virginia Beach. Mr. Burchard: Good afternoon. Thank you all for hearing this case. My name is Ben Burchard. I'm representing The Church in Virginia Beach. On this application,The Church in Virginia Beach is seeking to build an approximately 10,000 square foot facility,two and a half story facility at 5263 Greenwich Road. As staff mentioned in the informal, this property is zoned 0-2, which allows for by-right religious uses of less than 4,000 square feet. Due to the size of the building being larger than that threshold, a Conditional Use Permit is required. This proposal was presented to the Greenwich at the Lake Condo Association, which is the office building located directly to the West. They voted in favor of granting the church a utility easement for sewer access, and they also provided a signed letter of support from the president. I have copies of that if you all need. I did read through the staff report, greatly appreciate the recommendation for approval. All the conditions are acceptable as proposed. I do know there was some concern about the sidewalk, so wanted to provide some clarity about that. The concern's not from a financial standpoint,the logistics and practicality and safety of building a sidewalk around the bulb section of that cul-de-sac is really impractical due to the top concerns. So I was really happy to hear from Mr. Camp,that the recommended condition that Marchelle let me read is absolutely acceptable. I appreciate that solution. I'm happy to answer any questions about the application directly. Also, Paul Neeson, who is the president of the nonprofit is here, can answer any questions pertaining to the church's activities. I did wanna clarify also the outdoor pavilion area is mainly going to be used for meals after services, services end at noon, and they often have lunches afterward. Wouldn't be used for any large outdoor meetings or anything like that. So happy to answer any questions or, Paul can speak as well. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: Mr. Burchard, what is the size of the congregation for the planned church? Mr. Burchard: Currently, there's 60 adults attending every week with I believe 20 to 30 children as well. Mr. Plumlee: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: Mr. Burchard,just to put it into the record and make sure that we all are on the same page, I would like to read the proposed additional condition and just confirm with you that it's the one that you looked at. It would read: a five foot wide sidewalk with an ADA compliant ramp shall be constructed along the west side of the applicant's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. That's acceptable to you? Mr.Burchard: Yes, sir. Thank you. Mr. Camp: Thank you so much for the clarification. Ms. Cuellar: Are there any additional questions for Mr. Burchard? Thank you very much. Madam Clerk, do we have any speakers on this application? Clerk: Yes we do. We have three, let's start with Andre Cornealone. Ms. Cuellar: Hello. Welcome. And if you could please state your name for the record. Mr. Cornealone: My name is Andre Cornealone. Thank you, Madam Holly and all the members of the commissions. I'm here as a resident of Kempsville heights and would like to thank you for the opportunity to speak in support of the application. I'm for full transparency. I'm also the vice president of the board as far as stake operation commission is concerned. But I'm here wearing a hat of resident of the neighborhood. Having myself been living in a house adjacent across another church building, I really have been enjoying how a church,having a church building in a neighborhood contributes to fostering a sense of safety and strengthening the center to community around. So I urge, respectfully urge you all to approve and continue with this Conditional Use Permit. Thank you so much for the opportunity. Ms. Cuellar: Yeah, thank you for being here. Are there any questions for our speaker? No. Thank you very much. Clerk: Our next speaker is Michael Allen, followed by Donna Allen. Ms. Cuellar: Good afternoon, Mr.Allen. Mr.Allen: Good Afternoon. Thank you, Madam Speaker, for the opportunity to speak before the Planning Commission. My name is Michael Allen. I currently reside at 5160 Overland Road here in Virginia Beach. We retired from Northern Virginia, where I worked in the military and federal civil service 11 years ago, have moved into this neighborhood. We've actually lived in three houses in this neighborhood and really enjoyed this neighborhood. The opportunity to provide this opportunity to speak for the commission and what is going on our Overland Road. And our house is located directly across the proposed facility, across Kemps Lake. And so from our street, completely Overland Road is accessible directly by canoe and kayak, which we have four. So it's, there's a big,necessary, from Greenwich Road to actually see what the impact there is there. We have throughout these few years, 11 years we've been here, we've had continuing positive contact with 13 neighbors in our side by side and the adjacent street. And it's my opinion that in speaking with these neighbors,they would not be opposed to the approval of this particular petition. So I hopefully to encourage you to positively consider this as something that could be used for the neighborhood and certainly would be a great benefit for us. Thank you, Madam Chairman. Ms. Cuellar: Thank you very much. Are there any questions for Mr.Allen? No. Thanks for coming out today. Clerk: Our last and final speaker is Donna Allen. Ms. Cuellar: Hello. Ms.Allen: Good afternoon. I am, my name is Donna Allen. I am a congregant with The Church in Virginia Beach,but I also live directly across Kemps Lake from the property owned by The Church in Virginia Beach. For many years we have sought a facility together in our neighborhood directly across from the lake, from the across the lake from the church property. There are four family homes belonging to church members. And these four homes have children in them as well. So, also the majority of the remaining congregants live within 10 to 15 minutes of this proposed property. So,we just, I just hope that you will consider our needs in your determination, and thank you so much for the opportunity to speak. Ms. Cuellar: Thank you so much, Ms.Allen. Any questions? No, thank you very much. Okay, Mr. Burchard, is there anything else, if an opportunity to rebut, everything was so lovely. Mr. Burchard: No further comments. Thank you very much. Ms. Cuellar: Okay,thank you. At this time, I open the floor up for discussion and for a motion. Mr. Camp: Thank you, Madam Chair. This is in my district and I'd like to make a couple of comments on it. The parcel that we have here is far smaller than the three acres that are normally required. I believe it is 1.59 acres. And throughout these months that I've been on this commission,we've had these church proposals of varying acreage. And I've tried to be consistent. The concept of the three acres is to separate the sanctuary from neighboring uses. In this case, what I see looking at the site is a large lake. I see a dead end road and interstate highway. And so the fact that they only have 1.6 acres does not bother me in this case because these other things cannot be built upon. There can't be another use that comes within what would've been a three acre boundary. Otherwise, I'm going to keep saying these things each time we get them because there'll be a time and there has been one where the three acres has mattered because it didn't fit one of these site unusual conditions. But that's how I see this one. I am in favor of the use, despite the fact that the comprehensive plan calls for this to be open space. And I think that that does require explanation. The city had a proposal to take this into the open space program. It was viewed as so important that three different departments each were going to contribute toward acquiring that. But at the time, city leadership decided not to move ahead with that. That having been done,the parcel went into private ownership. And this being the United- States,private owners have the right to develop their properties. So while we may wish that it was something else,particularly as we have encouraged so many people to live in this corridor, the fact is the city doesn't own it. And if the city wanted to impose that, the city would need to buy it from the owner. So that being said, when I look at the use that is proposed,we have a really unique place where we do have adjacent neighborhoods that don't have a lot of these services, where we have a major cross city trail that enables people to walk or bike. We have the Greenwich Greenway, which will curve around Kemps Lake, connect with the Witchduck side, use paths, and allow people from Kempsville to ride right up Witchduck Road and come right into here without ever crossing traffic. And we have encouraged hundreds, if not thousands of apartments to be built in this Cleveland Street corridor, east and west of here. And those folks need parks, they need community service buildings like churches. So in that respect, I think that this is a fit. And that being said, I would like to make a motion for approval subject to the condition that I read earlier. Mr. Plumlee: Second, and I do wanna be heard. Ms. Cuellar: We have motion on the floor for approval with the condition as read by Commissioner Camp, seconded by Commissioner Plumlee. Mr. Plumlee: I would just like to add I appreciate very much the willingness of the property owner to take on the conditions. It was important to receive the approval of this body. However, I would like to add also that I see no rational basis to deny conditional use permit for this location. And I just wanted to make sure that was fully put on the record. Ms. Cuellar: Thank you, Commissioner. Clerk: The vote is open. By a recorded vote, nine to zero, item number 12,The Church in Virginia Beach has been recommended for approval. Vote Tall Commission Member AYE 9 NAY 0 ABS 0 ABSENT 1 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The total lot area is 1.59 acres. This lot area is a deviation from the three-acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "THE CHURCH IN VIRGINIA BEACH CONCEPT PLAN— CONCEPT SITE PLAN—SHEET CP-1", prepared by WPL, LLC, dated 06/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual landscape plan exhibit entitled, "THE CHURCH IN VIRGIIA BEACH CONCEPT PLAN —CONCEPT LANDSCAPE PLAN—SHEET CP-2", prepared by WPL, LLC, dated 06/27/2025, 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 and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The building will be constructed in substantial conformance with the submitted rendering entitled "5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &Community Development. 5. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 6. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 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. 8. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 9. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 10. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. 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. P Y W W W U G AG1 AG2 SUM AGE; FR° AG2 . r ED Site N r zoning Jay Erny w E O Property Polygons 1524 Gum Bridge Road S Feet 0 140 280 560 840 1,120 Map created by Planning Department on 9/16/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAY ERNY [Applicant] HERMAN DOUGLAS PASCHALL REVOCABLE TRUST [Property Owner] Conditional Use Permit (Alternative Residential Development) for the property located at 1524 Gum Bridge Road (GPIN 2411834285). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 7, 2025 ■ Background: The subject property, known as Parcel A (1524 Gum Bridge Road), was legally established through a recorded subdivision plat in 2015, which split a 50.5-acre parcel into two parcels: a 3.0-acre parcel (Parcel B) and a 47.42-acre parcel (Parcel A). At the time of subdivision, Parcel A included 34 acres of Class 2 soils located above the floodplain, and the division was consistent with the residential density standards of one dwelling unit per 15 acres, as permitted by the Zoning Ordinance. Approximately 14 acres on the eastern side of Parcel A are within the AE flood zone and the Floodplain Subject to Special Restrictions. The current applicant, who is under contract to purchase Parcel A, is seeking a Conditional Use Permit for Alternative Residential Development to subdivide Parcel A into two new lots: Parcel Al (approximately 37.4 acres) and Parcel A2 (approximately 10 acres). As proposed, both parcels would meet the development standards for AG-1 and AG- 2 Agricultural Districts. Under Section 200 of the Zoning Ordinance, only upland acreage (excluding water, marsh, and wetlands) may be counted towards density. The applicant has identified 34 acres of qualifying land, which supports the request for one additional parcel through the Conditional Use Permit process. Although Parcel Al would have substandard lot frontage due to the floodplain constraints, the Alternative Residential Development Conditional Use Permit allows for the creation of one flag lot within a minimum lot width of 20 feet. As a 60-foot lot width is proposed, Parcel Al would meet all applicable dimensional requirements of the Zoning Ordinance, contingent upon City Council approval. The applicant intends to construct one new single-family home on each lot, with each home being approximately 4,800 square feet in size. Parcel Al will be retained and developed by the applicant for his family, while Parcel A2 will be sold. Jay Erny Page 2 of 3 ■ Considerations: The proposed two-lot subdivision complies with allowable density based on soil quality, as outlined in the Zoning Ordinance. Although portions of the site lie within the AE flood zone and the Floodplain Subject to Special Restrictions, no development is proposed within these environmentally sensitive areas. To align with the Rural Development Guidelines of the Comprehensive Plan, a 50- foot vegetative buffer is recommended between new homes and the adjacent agricultural land. The applicant intends to preserve the existing tree-lined buffer along the western and northern boundaries to meet this requirement, and a condition has been included to ensure its continued maintenance. Since renderings or elevations for each home are not included with this request, staff recommends a condition to require architectural elements such as front porches, pitched roofs, and side loading garages to be incorporated into the design of each home to maintain the rural character of the area, as recommended by the Comprehensive Plan's Rural Area Design Guidelines. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SUBDIVISION CONCEPT PLAN OF LOT (PLAT INST. #20151022001035960) FOR JAY ERNY —VIRGINIA BEACH, VA — 06/13/2025, prepared by MAS-LD Mid Atlantic Surveying and Land Design, dated 06/13/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A subdivision plat shall be required to be recorded prior to the release of the approved final site plan. 3. The existing tree line buffer area surrounding the properties, as depicted on the attached plan on file with the Department of Planning & Community Development, shall be maintained. This satisfies the 50-foot wide, vegetative buffer requirement outlined in the Rural Area Development Guidelines of the Comprehensive Plan. 4. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 5. There shall be no more than one single-family dwelling located on each proposed parcel. Jay Erny Page 3 of 3 6. In order to ensure a continued sense of rural character, the architectural design of the proposed single-family dwellings shall reflect the recommendations found in the Rural Area Design Guidelines of the Comprehensive Plan. Elevations shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. 7. A private access easement shall be placed over the shared portion of the proposed driveway for the benefit of both Parcel Al and Parcel A2. 8. Any future Conditional Use Permit requests for individual uses on Parcel Al or Parcel A2 shall not require a Modification of Conditions to this Conditional Use Permit for Alternative Residential Development, so long as they do not substantially alter the overall layout or intent shown on the plan entitled "SUBDIVISION CONCEPT PLAN OF LOT(PLAT INST. #20151022001035960) FOR JAY ERNY— VIRGINIA BEACH, VA — 06/13/2025."Such individual Conditional Use Permit requests shall be reviewed independently in accordance with the zoning regulations applicable to each parcel and are not considered modifications to this Conditional Use Permit Alternative Residential Development approval. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (8 Signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agrenda Applicant: Property Owner: Herman Douglas Paschall Revocable Trust Planning Commission Public • •' CouncilCity Project Details West Request Single-family dwelling, cultivated field/AG-1 Conditional Use Permit (Alternative Residential Agricultural, AG-2 Agricultural Development) CREEK . Staff Recommendation _ -- MUDDY qD Approval Staff Planner Marchelle Coleman z . 1 Location -> 1524 Gum Bridge Road lr GPIN 2411834285fA4 Site Size 47.42 acres AICUZ Less than 65 dB DNL Wa tershed Southern Rivers Existing Land Use and Zoning District Undeveloped, cultivated field /AG-1 Agricultural, AG-2 Agricultural k r Surrounding Land Uses and Zoning Districts North Single-family dwelling/AG-1 Agricultural, AG-2 Agricultural SOUIh Gum Bridge Road Single-family dwellings/AG-1 Agricultural, AG-2 Agricultural East Single-family dwelling/AG-1 Agricultural, AG-2 Agricultural Jay Erny Agenda Item 13 page 1 of 14 Background-& Summary of Proposal • The subject property, identified as Parcel A, was legally created through a recorded subdivision plat in 2015 (Instrument#20151022001035960). This subdivision divided the original 50.5-acre parcel into two separate parcels: a 3.0-acre parcel designated as Parcel B (1508 Gum Bridge Road) and a 47.42-acre parcel designated as Parcel A (1524 Gum Bridge Road). • Upon subdivision of the property in 2015, this parcel consisted of 34 acres of Class 2 soils above the floodplain. The resulting two parcels utilized the allowable residential density of one dwelling unit per 15 acres, as permitted by the Zoning Ordinance. • Portions of the property are located within the AE flood zone, with approximately 14 acres on the eastern side of the property falling within the Floodplain Subject to Special Restrictions. • The applicant, currently under contract to purchase Parcel A, is requesting a Conditional Use Permit for Alternative Residential Development to subdivide the 47.45 acres into two lots, each intended for the construction of one single-family dwelling. The proposed subdivision will create Parcel Al, approximately 37.4 acres, and Parcel A2, approximately 10 acres. Both lots will conform to the development standards applicable to properties zoned AG-1 & AG-2 Agricultural Districts. • Per Section 200 of the Zoning Ordinance, only acreage located outside of water, marsh, and wetlands can be counted towards residential density. In this instance, 34 acres are located outside of water, marsh, and wetlands. Based on this,the applicant is requesting a Conditional Use Permit for Alternative Residential Development in order to create one additional 10-acre parcel. Proposed Minimum Proposed Lot Area Proposed . Width Wetlands,Lot Area Lot Area Outside of Water, Lot Width (feet) (acres) (acres) Marsh, ... Proposed Parcel Al 1 37.45 24 150 60 Proposed Parcel A2 1 10 10 150 411 • Proposed Parcel Al would have substandard lot frontage and width due to the presence of the Floodplain Subject to Special Restrictions on the eastern portion of the property. However, the Alternative Residential Development Conditional Use Permit allows for the creation of one flag lot with a minimum lot width of 20 feet. As a 60-foot lot width is proposed, Parcel Al would meet all applicable dimensional requirements of the Zoning Ordinance, contingent upon City Council approval. Jay Erny Agenda Item 13 page 2 of 14 • This approach for subdividing parcels in the southern portion of Virginia Beach is based on soil types. Per the Zoning Ordinance, for Type 1 soils, the maximum density is one unit per five acres, and for Type 2 soils, the maximum density is one unit per ten acres. As stated previously, the property under consideration consists of 34 acres of Type 2 soils above the floodplain. Based on this, the maximum density the site could potentially yield based on soil types combined with the required lot area, is two dwelling units. • Both proposed lots, Parcels Al and A2, are planned for development with new single-family dwellings, each approximately 4,800 square feet in size, as depicted on the subdivision exhibit. Parcel Al will be retained by the applicant and developed as a residence for his family, with the majority of the property remaining as cultivated fields. Parcel A2 is intended for future sale. At this time, the applicant does not have specific house plans for either lot. To help preserve the character of the City's Rural Area, staff recommends a condition requiring the new homes to incorporate architectural elements consistent with the Comprehensive Plan's Rural Area Design Guidelines—such as front porches, pitched rooflines, board and batten siding, and side-loading garages. Zoning • Map Key No. Request 1 CUP (Boarding Horses and Training Facility) Approved 06/10/1997 F Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT:Alternative Compliance Jay Erny Agenda Item 13 page 3 of 14 Evaluation • • • The Conditional Use Permit request for Alternative Residential Development to create one additional lot, in Staff's opinion, is acceptable. The applicant, under contract to purchase the 47.45-acre parcel, seeks to subdivide the property to construct a single-family dwelling for his family on the 37.45-acre parcel and sell the additional 10-acre parcel. Under the provisions of the Conditional Use Permit for Alternative Residential Development, the maximum number of dwelling units permitted on the entire 47.45-acre site is based on the quality of the soils. Based on this, the proposal for two dwelling units will be in line with the density requirement. Portions of the property are within the AE flood zone and the Floodplain Subject to Special Restrictions. However, no new development is proposed within these environmentally sensitive areas. The Rural Development Guidelines outlined in the City of Virginia Beach Comprehensive Plan recommend that a minimum SO-foot wide, vegetative buffer be installed between proposed residential structures and abutting agricultural operations. The site is currently screened with a buffer along the western and northern property lines. The applicant intends to keep the existing tree-lined buffer on the property as it currently exists today to satisfy the requirement of the SO-foot-wide vegetative buffer recommended by the Comprehensive Plan. A condition is provided below to ensure this buffer is provided and maintained into the future. At this time, the applicant does not have architectural elevations for the proposed dwellings. However, Staff has added a condition to ensure that the proposed homes are developed with an architectural design consistent with the recommendations outlined in the Rural Area Design Guidelines. Staff recommends approval subject to the conditions below, as it meets the intent of the Comprehensive Plan and the Rural Area Design Guidelines. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SUBDIVISION CONCEPT PLAN OF LOT (PLAT INST. #20151022001035960) FOR JAY ERNY—VIRGINIA BEACH, VA—06/13/2025, prepared by MAS-LD Mid Atlantic Surveying and Land Design, dated 06/13/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A subdivision plat shall be required to be recorded prior to the release of the approved final site plan. 3. The existing tree line buffer area surrounding the properties, as depicted on the attached plan on file with the Department of Planning & Community Development, shall be maintained. This satisfies the 50-foot wide, vegetative buffer requirement outlined in the Rural Area Development Guidelines of the Comprehensive Plan. 4. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 5. There shall be no more than one single-family dwelling located on each proposed parcel. Jay Erny Agenda Item 13 page 4 of 14 6. In order to ensure a continued sense of rural character, the architectural design of the proposed single- family dwellings shall reflect the recommendations found in the Rural Area Design Guidelines of the Comprehensive Plan. Elevations shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. 7. A private access easement shall be placed over the shared portion of the proposed driveway for the benefit of both Parcel Al and Parcel A2. 8. Any future Conditional Use Permit requests for individual uses on Parcel Al or Parcel A2 shall not require a Modification of Conditions to this Conditional Use Permit for Alternative Residential Development, so long as they do not substantially alter the overall layout or intent shown on the plan entitled "SUBDIVISION CONCEPT PLAN OF LOT(PLAT INST. #20151022001035960) FOR JAY ERNY— VIRGINIA BEACH, VA — 06/13/2025."Such individual Conditional Use Permit requests shall be reviewed independently in accordance with the zoning regulations applicable to each parcel and are not considered modifications to this Conditional Use Permit Alternative Residential Development approval. 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 designates the subject property as being within the Rural Area. The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. (p. 1-121, Comp Plan Policy Document). The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is an important objective to protect and sustain all valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. It applies such building design techniques as large, open wrap-around porches, pitched roof lines, and detached or side-loading garages, and incorporates architectural details that take cues from local farm buildings, hunting clubhouses, and other examples which reflect the architectural heritage and agrarian character of southern Virginia Beach. Jay Erny Agenda Item 13 page 5 of 14 ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. Portions of the property are within the Floodplain Subject to Special Restrictions. No new development, nor does it appear that any existing development, is located or proposed in the most environmentally sensitive areas. There does not appear to be any significant cultural resources associated with the site. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Gum Bridge Road No Data Available 9,900 ADT 1(LOS 4 Existing Land Use Z-0 ADT "D") Existing Zoning (47-acre lot) - 10 ADT Proposed Land Use 3-20 ADT 1 Average Daily Trips 'As defined by an 'As defined by two 4LOS = Level of undeveloped vacant parcels with AG Service lot zoning Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Gum Bridge Road in the vicinity of this application is considered a two-lane undivided rural street. The roadway is not included in the MTP. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water&Sewer City water & sewer are not available to the property. Health Department approval is required for private wells and septic systems. Jay Erny Agenda Item 13 page 6 of 14 Public Outreach Information Planning Commission • The applicant indicated that they distributed a letter to adjacent property owners and met with several to discuss the details of the proposal. According to the applicant,the proposal was generally well- received by many neighboring property owners. Staff has received eight signatures in support of the proposal. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. Jay Erny Agenda Item 13 page 7 of 14 ��yN a AtRptlYsa+rcu•a.o,a�.< ��1ry��= �k`" i wwm AArAWRaAr�pps:IICRWAAI; t�� � i. AAaAw.aoarWWosA AWWWBZRiWIKw3 /! bW 6•R� 3 RM'MY!IMM WAR- 1�f11N�MiWF+.,• M,r } bJlWRiAD / �. s M(••x NCBt3MifiBWYM eK' S.1f t- t aR.aFrrxbl •�,A.."�'• ywxrfl�a�iWp '•I1kY2 aM�tl k xTM+"� .v+"� A WWrrRRMA,F4r39MMMMA YIMtWrW1M • • ,ww MWRW4 AVRAMW.za'WW 9Wp ApApa b �� ,� • �pnpYraatl.R.fiRwiFwFnrNGas;tr ,gip R�WM�W11 WiUU a A'�" *• s iOWYY Mr•WM4N'NR}MdM•tiRi,.+.. :e,wAAcrabewrrtAw +Asks.s. e•wi tR�Wio e�Nw�JA i } 9�pg{��f�iMM AMWUM � +C F PARCEL Al N 37.45ACRES ,A t R.ahw M ,:a.wt:w DKr Rx� # � 1 P,ARCELAl atsrrr PARCELA2 �i�rrr� aA�'liaw L '• rn EXISTING TREE LINE BUFFER TO REMAIN ARCEL A2 } ; (k aO ACRES FLOODPLAIN SUBJECT :s '''f'�i" �- `-� """' TO SPECIAL RESTRICTIONS F, ac �T YY lla l`f111[Rt^a Rrwa.aR j ONIr[tARktlY YA ��� + ` a M• N b3`yal. � ?I . ;A Q1 SZ 41 !D _ rDD -< W..�"....r. 3 m N N � w Site Photos ,F _._..Jay Erny. Agenda Item 13 page 9 of 14 Site • • • z Jay Erny Agenda Item 13 page 10 of 14 Disclosure Statement CITY 01 VIRGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to in public ojficiols who moy 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, boords, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jay Emy Is Applicant also the Owner of the subject property? Yeso No@ If no,Property Owner must complete SECTION 7:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No0 If yes,nome Representative: 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 parent-subsidiary'or affiliated business entity i relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes(• No If yes,nome proposed or pending purchaser: Jay&Ginny Erny 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 If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, O O Farm Credit, Kevin Goerger cross-collateralization,etc.) Real Estate Broker/Agent/Realtor @ 1 O M&K Realty,Micah Laurendeau Disclosure Statement I rev. May-2024 page 1 of 3 Jay Erny Agenda Item 13 page 11 of 14 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O 0 _ Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O E) Engineer/Surveyor/Agent Q O MidAtlantic Surveying,Beth Campbell 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. Jay Emy C-L_ 06/22/2025 Applicant Name(Print) A lican 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 bet weep 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 shore the use of the some offices at employees or otherwise shore activities,resources or personnel on a regular bans;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): 9/19/2025 Marchelle Coleman 9/19/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 _ Jay Erny Agenda Item 13 page 12 of 14 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application �Q.r ry a� pcu��o1S P�SC;IiA�(_ �LJ rU�ruS 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 I or affiliated business entity z relationship with the applicant. (Attach list if necessary.) rr-g1aS 4Sc:Wdi4L Does the subject property have a proposed or pending purchaser? Yes® No0 If yes,name proposed or pending purchaser: X- 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, 0 cross-col lateral ization,etc.) pp Real Estate Broker/Agent/Realtor W 0 Qlti-. o 16-,( LL L de er Accounting/Tax Return Preparation Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body orcomr ttee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Jay Erny Agenda Item 13 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. Jay Erny Agenda Item 13 page 14 of 14 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #13 Jay Erny Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item for our consent agenda is item 13, Jay Emy, Property Owner, Conditional Use Permit. Mr. Erny: Thank you,Vice Chair,Madam Chair, fellow Commissioners. Jay Erny, the applicant for Conditional Use Permit for the property at 1524 Gum Bridge Road. I have reviewed all conditions associated with this permit and agreed to them. Mr. Coston: Thank you. Is there any objection to this item being placed on the consent agenda? Seeing none,we've asked Commissioner Cromwell to read this item into the record. Mr. Cromwell: The subject property identified as parcel, excuse me, the subject property identified as Parcel A was legally created through a recorded subdivision plat in 2015. This subdivision divided the original 50.5 acre parcel into two separate parcels, a three acre parcel designated as Parcel B and a 47.4 acre parcel designated as Parcel A on Bridge Road. The applicant currently under contract to purchase Parcel A is requesting a Conditional Use Permit for Alternative Residential Development to subdivide the 47.45 acres into two lots each intended for the construction of one single family dwelling. The proposed subdivision will create Parcel A-1 approximately 37.4 acres and Parcel A-2 approximately 10 acres. Both lots will conform to the development standards applicable to the property zoned AG-1 and AG-2 Agricultural Districts. Mr. Coston: Thank you. (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: 1, 2, 7, 11, 13, 16, 19, 20, and four records of minutes. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Motion to approve. Ms. Cuellar: Motion to approve by Commissioner Plumlee. Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Second by Commissioner Schoonover. Are there any commissioners abstaining from the consent agenda? Hearing none. The motion for approval once again is by Commissioner Plumlee, seconded by Commissioner Schoonover. Any further discussion? Mr. Plumlee: May I just say, I did abstain with regards to the minutes, which are also, but those abstentions are noted in the record. Ms. Cuellar: Correct. Thank you very much. As for the rest of the commissioners as well that are abstaining, Clerk: The vote is open. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: Second. Clerk: Vote was open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes,items 1,2,7, 11, 13, 16, 19,and 20 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 and for those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in person, but you are also free to leave. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SUBDIVISION CONCEPT PLAN OF LOT(PLAT INST. #20151022001035960) FOR JAY ERNY—VIRGINIA BEACH,VA—06/13/2025, prepared by MAS-LD Mid Atlantic Surveying and Land Design, dated 06/13/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. A subdivision plat shall be required to be recorded prior to the release of the approved final site plan. 3. The existing tree line buffer area surrounding the properties, as depicted on the attached plan on file with the Department of Planning & Community Development, shall be maintained. This satisfies the 50-foot wide, vegetative buffer requirement outlined in the Rural Area Development Guidelines of the Comprehensive Plan. 4. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 5. There shall be no more than one single-family dwelling located on each proposed parcel. 6. In order to ensure a continued sense of rural character, the architectural design of the proposed single-family dwellings shall reflect the recommendations found in the Rural Area Design Guidelines of the Comprehensive Plan. Elevations shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. 7. A private access easement shall be placed over the shared portion of the proposed driveway for the benefit of both Parcel Al and Parcel A2. 8. Any future Conditional Use Permit requests for individual uses on Parcel Al or Parcel A2 shall not require a Modification of Conditions to this Conditional Use Permit for Alternative Residential Development, so long as they do not substantially alter the overall layout or intent shown on the plan entitled "SUBDIVISION CONCEPT PLAN OF LOT(PLAT INST. #20151022001035960) FOR JAY ERNY—VIRGINIA BEACH, VA —06/13/2025."Such individual Conditional Use Permit requests shall be reviewed independently in accordance with the zoning regulations applicable to each parcel and are not considered modifications to this Conditional Use Permit Alternative Residential Development approval. 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. Proposed Subdivide of 1524 Gum Bridge Rd. 47.42 AC Parcel. Addressed to following adjoining property owners: Owners of 1508 Gum Bridge Rd. Owners of 1540 Gum Bridge Rd. Owners of 1472 Gum Bridge Rd. Owners of 1501 Gum Bridge Rd. Owners of 1541 Gum Bridge Rd. Owners of 4073 Muddy Creek Rd. My name is Jay Erny, and I am currently under contract to purchase 1524 Gum Bridge Rd. My wife and I are looking for a place in the country to raise our kids. We both come from families of farmers and would love for our kids to learn to appreciate nature, wildlife and all the many lessons that comes with maintaining and preserving a piece of land. To make the financing work we would be looking to subdivide the 47.42 AC parcel and sell off 10 AC. This would leave our family the remaining 37.42 AC to the rear and to the east as depicted in the attached survey exhibit of our proposed plan. To divide this parcel we must obtain approval through the City Planning Commission and City Council. In the coming months you will receive public notice mailers from the city of the proposed divide. If you are supportive of our plan to subdivide our family would greatly appreciate your endorsement on the following signature page and look forward to becoming your neighbors. I am happy to answer all questions that may arise as the city process continues. Please reach out via phone or email listed below. Very Respectfully, Jay & Ginny Erny jayerny(c)gmail.com (619) 517-0785 1 I 10'NC FBOCF M OME" MIA nDm SO[ P1^er QM is ���'i�������� '3��� �'; �a ilr�, �E �� �� ' ����I i � � i� � i��a�i�;�� M� • ,�. -_terra��v• � ,�1 ��g� a 1 If! a loll ' a r i P I ; s BOMSIO,TWE"PLM .- .Z T• •1 LOT +-�MAS—.-+�d+LD 0 4r (=9 B CM (P4ATi$'f.i4015f0220010359W] �Y BtNY 1508 Gum Bridge Rd. /—,� d� Print Sign - OM 1540 Gum Bridge Rd. 4Pri — Sign 1472 Gum Bridge Rd. Print Sign 1501 gum Bridge Rd. I/ P' V-Ll — Print Sign 1541 Gum Bridge Rd. — Print Sign 4073 Muddy Creek Rd � ` V-a(u Print Sign AG1 AG2 AG•1 W a Y U m AG2 AG1 ® Site " Zoning Mark & Somer Brown w J: Property Polygons 5917 Blackwater Road 5 Feet 0 70 140 280 420 560 Map created by Planning Department on 9/16/2025 i�•; Z ii ^NarM'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARK & SOMER BROWN [Applicants] WILD ACRES FARMS VB, LLC [Property Owner] Conditional Use Permit (Outdoor Recreation Facility) for the property located at 5917 Blackwater Road (GPIN 1398123991). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for an Outdoor Recreation Facility on an approximately 27-acre parcel for a dirt bike track and training facility The applicant is planning to offer dirt bike training day camps throughout the year with no more than 40 children at a time. Students would be on separate sections of the track working on a particular skill, or off the track learning how to start the bike, pick the bike up, flag rules, gear and track safety, and any other knowledge that is needed when racing. The day camps are anticipated to begin at 8,00 a.m. and conclude by 8.00 p.m., Monday through Sunday, with most camps occurring during weekends. The applicant also intends to provide private lessons for small student groups during the week, which will also conclude by 8.00 p.m. The size of the bikes is anticipated to be approximately 50 cc and may also include electric bikes. Attendees of the camp will be responsible for providing their own bikes, as there will be no storage of dirt bikes associated with the camp on the property. There is a proposed parking area located behind the existing barn with space for approximately 30 vehicles. There is no paved parking surface proposed, as the recreational use is occasional. The applicant plans to provide one to two portable toilets during the camps and will remove them at the conclusion of each camp. ■ Considerations: In Staff's opinion, the request is acceptable. The proposed use is consistent with the Comprehensive Plan's land use policies for this area and aligns with the character of surrounding uses. The applicant desires to maintain the site's rural character, while also providing a location for local youth to learn how to safely and responsibly ride and maintain dirt bikes. The application was routed to the Department of Agriculture for their review and comment, who stated they were not supportive of the application due to it being a commercial use on an agriculturally zoned property. To balance these concerns with the applicant's request, staff is recommending conditions limiting the number of camps per year, as well as the number of private lessons offered to regulate the intensity of the use at this property. Mark & Somer Brown Page 2 of 3 Staff received 22 letters of support for the request as well as a petition of support with 172 signatures. Additionally, 3 letters of opposition were received noting concerns with use's potential impact on the rural character of the neighborhood, land disturbance, and noise impacts. At the Planning Commission hearing, 2 speakers spoke in support of the request, while 1 spoke in opposition. To minimize impacts to adjacent residents, staff had initially recommended conditions to limit the number of camps to 12 per year and no more than 1 small group lesson per week for up to 3 children. Additionally, at the request of Public Works staff to ensure compliance with the Public Works Design Standards Manual (PWDSM) and to maintain the structural integrity of the existing culvert, staff had recommended a condition to require installation of a concrete driveway apron. However, the Planning Commission recommended the conditions be modified to allow up to 20 one-day camps per year, 2 small group lessons per week with up to 5 children and removal of the condition to require installation of a concrete driveway apron as required by the PWDSM. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 1. 1. This Conditional Use Permit shall not restrict personal use of the track on the property. 2. There shall be no more than 12 eRe day Games 20 one day-camps permitted every calendar year. 3. The operator is permitted to have week with no mere than throe Ghildren per loosen two individual or small group lessons per week with no more than five children per lesson. All lessons shall conclude by 8:00 p.m. 4. The hours of operation for each camp or lesson shall be between 8:00 a.m. to 8:00 p.m., Monday through Sunday. 5. There shall be no amplified music or outdoor lighting associated with the Outdoor Recreation Facility. 6. Portable restrooms shall be brought onto the property during the time of the camp and removed afterward in a timely manner. 7. All vehicles shall be parked in the designated parking area depicted on the attached site plan; no overnight parking is permitted. Mark & Somer Brown Page 3of3 8. All camps, events, and lessons held on the property shall only be organized and operated by the property owner. 9. There shall be no more than 40 students on the property at any time. 10.Upon approval of this application, a Site Plan and an Erosion & Sediment Plan shall be submitted to the Development Services Center for review. 11.All improvements currently located within the Agriculture Easement that are not permitted must be removed within 12 months of application approval. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (22) Petition of Support (172) Petition of Support Comment Letters (65) Photos Provided by Applicant Letter(s) of Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agrenda A••licant: Mark & Somer Brown Property • • Acres Farm VB, LLC Planning Commission Public Hearing: September 10, 2025 VB� CouncilCity Project Details Requests Conditional Use Permit (Outdoor Recreation Facility) SAP Staff Recommendation Approval Staff Planner e Madison Eichholz Location 5917 Blackwater Road GPIN 1398123991 Site Size BLACKWATER RD W 27.59 acres 2 AICUZ a` Less than 65 dB DNL Wa tershed � ' •,ha Southern Rivers •'�' . 1 Existing Land Use and Zoning District _ Agricultural Use/AG-1 Agricultural Surrounding Land Uses and Zoning Districts North yi Single-family dwelling, farmland/AG-2 Agricultural x South 1 , r Single-family dwelling/AG-2 Agricultural a t , Last j £� Blackwater Road +;.,: •. Single-family dwelling/AG-2 Agricultural West Wooded undeveloped land /AG-1 Agricultural Mark& Somer Brown Agenda Item 15 page 1 of 13 Background of Proposal • The applicant is requesting a Conditional Use Permit for an Outdoor Recreation Facility on an approximately 27-acre parcel for a dirt bike track and training facility • The applicant is planning to offer dirt bike training day camps throughout the year with no more than 40 children at a time. The applicant does not anticipate 40 students to be present on the site for every camp. Two instructors are proposed, with the children being split into two groups of 20. Groups would be on separate sections of the track working on a particular skill, or off the track learning how to start the bike, pick the bike up, flag rules, gear and track safety, and any other knowledge that is needed when racing • The day camps are anticipated to begin at 8:00 a.m. and conclude by 8:00 p.m., Monday through Sunday, with most camps occurring during weekends. Staff is recommending a maximum of 12-one day camps per year as indicated in Condition 2. • The size of the bikes is anticipated to be approximately 50 cc and may also include electronic bikes. 50 cc means that the engine size of the bike is 50 cubic centimeters, approximately the size of a chainsaw's motor. • Attendees of the camp will be responsible for providing their own bikes, and the guardians of the children will be required to remain on the property with their child throughout the duration of the camp. At the conclusion of the camp each day, the bikes will be removed from the property. There will be no storage of dirt bikes associated with the camp on the property. • The applicant plans to provide one to two portable toilets during the camps and will remove them at the conclusion of each camp. • The applicant also intends to provide private lessons for small student groups during the week, which will also conclude by 8:00 pm. The small groups will consist of no more than 3 riders per class, with no more than 1 class per week. • There is a proposed designated parking area located behind the existing barn with space for approximately 30 vehicles. There is no paved parking surface proposed, as the recreational use is occasional. • The property owner utilizes the barn located on the property as well as the additional open space for agricultural uses, such as farming and a proposed orchard. Additionally, a portion of the property is leased to a local farmer. • The applicant owns the subject property as well as the single-family dwelling directly adjacent to the east. Mark& Somer Brown Agenda Item 15 page 2 of 13 Zoning • . 4 Map Key No. Request SVR Approved 05/12/1999 1 CUP (Alternative Residential - Development) Approved 09/10/1999 ' 2 CUP(Alternative Residentialir'r/ ' Development) Approved 11/22/2009 l Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.-Alternative Compliance Evaluation • • . • In Staff's opinion, the request for a Conditional Use Permit for an Outdoor Recreation Facility is acceptable. The proposed use is consistent with the Comprehensive Plan's land use policies for this area and aligns with the character of surrounding uses. The applicant desires to maintain the site's rural character, while also providing a location for local youth to learn how to safely and responsibly ride and maintain dirt bikes. The application was routed to the Department of Agriculture for their review and comment, who stated they were not supportive of the application due to it being a commercial use on an agriculturally zoned property. To balance these concerns with the applicant's request, staff is recommending conditions limiting the number of camps per year, as well as the number of private lessons offered to regulate the intensity of the use at this property. Specifically, the use will be limited to no more than 12 training camps per calendar year and no more than one small group lesson per week with a maximum of three children per lesson, ultimately limiting the impact on adjacent neighbors and the larger agricultural community. Based on the considerations above, Staff recommends approval of this request subject to the conditions and exhibits below. Mark & Somer Brown Agenda Item 15 page 3 of 13 Recommended Conditions for Conditional Use Permit 1. This Conditional Use Permit shall not restrict personal use of the track on the property. 2. There shall be no more than 12 ^He day ea ps 20 one day-camps permitted every calendar year. 3. The operator is permitted to have epe iRd-liVid-Hal AGIF SMail r„ � brt ^r ^^ N„ l^« week '+ti PA were than three 4dFeH P,... two individual or small group lessons per week with no more than five children per lesson. All lessons shall conclude by 8:00 p.m. 4. The hours of operation for each camp or lesson shall be between 8:00 a.m. to 8:00 p.m., Monday through Sunday. 5. There shall be no amplified music or outdoor lighting associated with the Outdoor Recreation Facility. 6. Portable restrooms shall be brought onto the property during the time of the camp and removed afterward in a timely manner. 7. All vehicles shall be parked in the designated parking area depicted on the attached site plan; no overnight parking is permitted. 8. All camps, events, and lessons held on the property shall only be organized and operated by the property owner. 9. There shall be no more than 40 students on the property at any time. 10. Upon approval of this application, a Site Plan and an Erosion & Sediment Plan shall be submitted to the Development Services Center for review. 11. All improvements currently located within the Agriculture Easement that are not permitted must be removed within 12 months of application approval. 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. Mark&Somer Brown Agenda Item 15 page 4 of 13 Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Rural Area. The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. By maintaining the rural character of the area and the sustainability of the City's agriculture industry,the City is also providing a plan that will help offset impacts from issues inherent to being a coastal community: sea level rise, wind-driven flooding, and storm-related damage from hurricanes." (p. 1-121, Comp Plan Policy Document) Specifically, the reference handbook indicates the following for the rural area: Protect rural character and existing scenic views. (p. B-13, Reference Handbook) Proposals for non-residential development in this area should be designed to complement the surrounding rural character in terms of size, scale, architecture, and selection of materials. They should also adhere to sound environmental principles that include energy-efficient design and effective groundwater protection. (p. B-13, Reference Handbook) ResourcesNatural & Cultural • 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 Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT 1 22,300 ADT 1(LOS ° Blackwater Road 1,220 ADT „D„) Proposed Land Use 3- No Data Available 1 Average Daily Trips 2As defined by a 1 'As defined by a dirt 'LOS = Level of single-family house bike training Service recreational use Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Blackwater Road is a rural two-lane highway, and this segment is not shown on the Master Transportation Plan Map. There are no CIP projects in the site's vicinity. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Mark & Somer Brown Agenda Item 15 page 5 of 13 Public Utility Impacts Water&Sewer City water and sanitary sewer are not available to this site. Public • • Planning Commission • The applicant reported that they met with the surrounding property owners. Staff has received a petition with 172 signatures of support, from both local residents as well as supporters from other localities and states, 2 letters of support, and 2 letters of opposition from neighbors. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. Mark & Somer Brown Agenda Item 15 page 6 of 13 Proposed Layout -- --- o != 4 - a OmCIL } W a + Q z 1 � � 1 A F fr lk 0g uiQ p Wr i 1s R F j a x i Mark & Somer Brown Agenda Item 15 page 7 of 13 Site Photos 1 � � I fi 4 f 3 ss. n r * J6 Site Photos ht _ ern ss. Mark & Somer Brown Agenda Item 15 page 9 of 13 Disclosure StatementV-6- VIRGINIA Disclosure BEACH 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. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Mark&Somer Brown Is Applicant also the Owner of the subject property? Ye42 No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®NZI If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesE3400 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesQJ 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 int st i e subject land or any proposed development contingent on the subject public action? YesQJ No if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, ra cross-collateralization,etc. Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Mark &Somer Brown Agenda Item 15 page 10 of 13 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services 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. Mark Broom �� --� 4/22/25 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 N 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): 9/23/2025 Madison Eichholz F 9/23/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 � Mark &Somer Brown Agenda Item 15 page 11 of 13 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Wild Acres Farm VB, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesglcM 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 2 relationship with the applicont.(Attach list if necessary.) Mark&Somer Brown-Owner Does the subject property have a proposed or pending purchaser? Yes o 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 NoF(751 1f yes,norne 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 r:;,st be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, 0 0 cross-collateralization,etc. Real Estate Broker/Agent/Realtor ® M Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor Fol NJ 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./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. Mark Brown l j , _ _ 4/22/25 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Mark & Somer Brown Agenda Item 15 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. Mark & Somer Brown Agenda Item 15 page 13 of 13 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #15 Mark & Somer Brown Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 15,Mark and Somer Brown. Ms. Cuellar: Good afternoon. Mr. Brown: Good afternoon. Thank you for having us, commissioners. I'm Mark Brown. This is my wife, Somer Brown, formerly Somer Halstead. Both of us grew up out in Blackwater and Pungo. Our whole lives,that's where we've been at. We both own the property that Wild Acres Farm is on,which is 5917 Blackwater Road. I grew up with a dirt bike background, so I've always ridden dirt bikes, raced dirt bikes ever since I was seven years old. Originally when I built the track that is on our property right now, it was for my practice, you know,just to keep me in shape,keep me riding, you know, daily. As I've gotten older and now that I have kids, it's turned into being more of my kids'track than anything. I'm on my way out of it, but I've been enjoying helping the kids with learning and being able to do it safer. You know, it's one of those sports where,you know, they can fall down, stuff like that,but if you learn it properly and you can do it safely and wear all the gear and stuff, it's really fun. With my son riding, he's got a lot of friends so they wanna come over and ride with him. And it's fun to watch them all out there and ride. But, so with this, what we want to be doing is doing like some training camps where the kids will come out and I can work with them,you know, focusing on certain areas of the track, like comers and stuff like that. It kind of stems from both me and my wife. She's a softball coach with my daughter's softball team. I help coach the T-ball team. And I just kind of started being like,you know,we should do this with the dirt bikes. The kids only get to ride on the weekend when we travel to a track. And that's a race with a bunch of people and they don't get that like individual practice. So that's kind of what we were looking at doing with this, with the training camp. Ms. Brown: The other big part of it is there's a lot that goes into track safety. There's different flags that the kids have to learn. There's different, if you fall in on a place on the track,you know, if you're on the backside of a jump,you need to get out of the way. So if another bike is coming, all these things that when we show up to a race on a Sunday and they get a two lap practice prior to going out and racing, you can't teach a small child. They start racing at four years old. You can't teach them all of that in, you know,two laps and expect them to remember those things. So if we could, you know, have these camps where we can train them and teach them the safety,how to pick their bike up, how to get out of the way, all of these things, it's just, you know, so important to the safety aspect of the riding so you can have fun. And if you look back there,there's a couple of our cute little moto riders that if they wanna stand up,they can that come and ride at our house with us. Mr.Brown: So this is,this is the age that we wanna gear towards. We're not really into like training the full-on adults, like the stuff that I did as I got older that you kind of got to go to a bigger area and bigger places for that. We wanna kind of focus on the smaller kids because when you go to those big training facilities that are in existence already,they don't take the younger kids. They're like eight or over. They don't train the little ones,but we kind of enjoy the little ones. You know, it's... Ms.Brown: Kinda like the T ball. Yeah. Dirt bike,you know,you wanna start them young and train them properly from the very beginning. Our son is,he races competitively. We've gone, we've driven all the way to California for him to race. He just spent the last four months qualifying for the National Motocross Championship. He raced against 719 kids in his class and he finished 27th in the nation. So it's a very competitive sport,but it's fun. The friendships you make at the track are like none other. You'll have dads of the competitors on the gate and their kids'bike breaks and you are helping them get their bike going so that kid can race. It's just, it's a community that it can't be duplicated. Mr.Brown: It also, on the property that we have right there,we also own the adjacent property, which is 5905 Blackwater Road. That's where we live. On that property we also have a portion of it that's still a bean field that Mr. Horsley farms and stuff like that. We have a sunflower field. We have chickens and stuff and my daughter does an egg stand where she sells the eggs from the chickens and she wants to do pick flowers and stuff like that. And we just,with the dirt bike stuff, it just kind of ties into it all really well. It's just open space and it's just something else that we feel we could do on the property to just help sustain everything. You know,with the dirt bike track,my whole plan was just to kind of give something to the kids, like really value the property. You know, if it's just a bean field,once we're gone, they're just going to wanna sell it and it is what it is. But with the track and all the farm stand and stuff,hopefully they'll want to keep it and,you know,just preserve the agricultural part of the property. And we wanted to bring up some of the things that were in the original conditions. That's why we wanted to come up here. Number two, it had 12 camps per year. We wanted to see if we could get more than that. 12 camps per year would be like one a month. And on number nine it says 40 kids. That was like shooting really high. I mean,we don't plan on ever having 40 kids. I would imagine 20 would be at most. So I didn't know if there was a way we could have like a third line where it was more camps but less kids. You know, instead of 40 kids with 12 camps,maybe 20 camps with 20 kids, something like that. And then the other one was,it had on their number three, number three, instead of one private class per week,three kids being able to do two and instead of three kids making that five. For those, like if you're doing like T ball practice,you know,we normally practice on Tuesdays and Thursdays, something like that. And then with three kids, if we had at least five kids,the kids, some of the drills we do,you just have to have multiple people there. So riding by yourself is not the same as riding amongst others. So a lot of the things we do, it's like you got to get around this person to do this. And it helps having multiple people riding at that moment. The other one was the apron at the driveway. So on our driveway right now is a 50 foot gravel, like very well farm driveway that goes back there. It's all graveled with underlayment and everything that goes back there. So I would like to be able to leave that just the gravel farm driveway because it is just a farm entrance instead of concrete and apron. Just because the traffic is not going to be nearly of what is in our area. Like if you're on like Princess Anne Road where it's 55 mile an hour,you got like Colossal Fossils Farm and Salmons Farm, I mean Colossal Fossils. Have like thousands of people in and out on the weekend. We're talking if it was to stay 12 events per year at 40 people, max gets our gravel driveway that's 50 foot wide I think would be plenty without concrete in an apron. At it. I mean'cause it's a really good farm driveway. Everybody uses it. School buses is including they all U-turn right there 'cause it's such a big nice driveway. So that was the other thing that we wanted to look at changing. Ms. Cuellar: Thank you very much. If I can just go over this with you so once we go into discussion, we, for clarity, if that's okay. Commissioner Cromwell, I can just wanna make sure I know exactly. So for condition number two, currently there shall be no more than 12 one day camps permitted every year. What is your request for that number to change to? Ms. Brown: I would, I just don't wanna choke ourselves down. I think that we probably wouldn't do more than 20. Mr. Brown: I mean,we work full-time jobs and we travel and stuff, so it's not something that's going to be,you know, weekly. But like you said, I don't wanna put a limit and then,you know, we have a free weekend and it's like, oh, we could have done a little minicamp or something where... Mr. Brown: Yeah,because if we had, if we had 10 kids, that would be over the individual, like personal training. So that would count as one of our camps and it's only 10 kids, so that's where we were like, it would be nice to be able to do a little bit more. Ms. Brown: Or maybe limit the number of large camps and then give us a number for small camps and a number for private camps type thing. Ms. Cuellar: Okay. And then, so on, and then condition number three, you're asking for two individual or small group lessons and in changing the number of students to five? Ms. Brown: Yes. Ms. Cuellar: Okay. And then the last one is condition number 12 regarding the concrete apron. Mr. Brown: Yes, ma'am, agreeable. Ms. Cuellar: Okay. Mr. Cuellar: How about condition number nine? Mr. Brown: Number nine is the 40? Yes. Is that where it says 40? 40 is fine. If we can come up with a number for like smaller camps too. I don't know if there's a way to do that, like to have like a third thing there. You know, like if you had, if you were doing 12 at 40,but could we have like an amount up to 20 also? Does that make sense? Ms. Cuellar: Well, let me ask you this because there,they're definitely my observations. There are a lot of changes to this original application. And we would very much like to work with you, but maybe not at the hearing that there might be more of an opportunity with your planner and then come back to us. Like, and I'll leave that certainly with Commissioner Cromwell,but I feel like this conversation and even your thoughts are a little bit ongoing and we really wanna make sure that we can meet your needs for the camp to be what you envision. And then of course you would only have to come back once, once it's all set. Ms. Brown: Well, if it would be easier, could we just up the number of up to 40 person camps to where it lets us be able to have the smaller camps mixed in there. So instead of changing or adding lines just up the number of camps to a different number. Ms. Cuellar: I'm just wanting to make this application as complete as possible for you. Mr. Brown: Yeah. Ms. Cuellar: I wanna be respectful of everything that you want and if you feel like maybe this conversation would be more ongoing. That was my intent today. Mr. Brown: I think if, if it was like looking at the numbers, if it was, if we could do 20 camps and that's fine. I mean that would be,that would be plenty. I was just saying if, if we couldn't do 20,then I would bring the number of kids down in number nine. But number nine can stay if we could just get number two to go to 20 instead of 12. If that could be a change. Ms. Cuellar: We just wanna make it the best. Mr.Brown: I mean that would be, that would be perfect for us, I mean. Ms. Cuellar: Alright, we'll pause for right now. And I believe we may have some speakers. Your time has --we'll pause for a minute. Let's see if the commissioners have any questions for you. Are any questions for the Browns at this time? Yep. Commissioner Cromwell? Mr. Cromwell: You realize this is a commercial operation? Mr. Brown: Yeah. To a sense of, I think that when the people come over and ride, they still enjoy our property and our farm. Mr. Cromwell: I realize that,but this,this though is an agricultural district in the AG zoning and this is a commercial operation, which is just not doable. The other thing that I would say, have you checked with emergency services? Mr. Brown: Yeah, I've spoken with the,because we live right next door to the fire department at Blackwater. So they've all been over there and checked out our space to see if it's easy access for ambulance, stuff like that. Ms.Brown: And asked for permission if they could land a Nightingale there ever. And we, we told them gladly. Mr. Cromwell: So you anticipate there being some... Ms.Brown: No,this was in the, this was in the past. When we were just riding, they noticed us riding when they drive to and from calls. So they had just asked if there was access to the property for them and we let them know. Yes, there is. Mr. Cromwell: Well, I'm would agree with Chairman Cuellar that we need to, y'all need to nail down exactly what you want and come back to us. Ms.Brown: I think 20 is what we want. Mr.Brown: Yeah. I mean that's, I really wanted 20, I just was given an option if y'all didn't think 20 was enough,I could bring the number of kids down because I don't ever think we're going to have 40 people. That's all the, the only thing I was trying to make a point of was,40 kids, I just don't think it's going to be that many that we were trying to come up with this when we were doing the, when we were making it with the planning and that's just the number that we set on. But we really wanted to do 20 camps per year because 12 just felt like,you know, only that's like one a month. Mr.Cromwell: Well, I will say that once again that this is a commercial operation. That's just simply not allowed in an agricultural district. And with the upcoming comprehensive plan,I don't want to jeopardize the plan by allowing a commercial operation before the plan is passed. Mr.Brown: When we're doing the training stuff, like right now the track is set up as like our private practice track,but when people come over to do that, it,we're not only teaching them, you know,just the dirt bike stuff,but they're learning a lot about everything. You know,I'm out there on the bulldozer, I use the tractors,I use all that stuff. I do more agricultural stuff than most any of your horse barns out there with riding rings. You know,right around the comer from us,my daughter used to train riding horses and they jump the hurdles and all that stuff. And it's not much different than that. In today's time, most of the farmers out there ride a four wheeler around. None of'em ride horses. So, I mean,the training that these kids are getting are actually on equipment that they're actually going to use as they get older. The four wheelers, all that kind of stuff. You know,nowadays my son races e-bikes,they're electric, so they don't even make any noise. They sound like an RC car and it's just the times are just changing to that stuff. That to me it's commercial in a sense of if people are paying for training,but what we're doing,you can't do anywhere else. You can't go up in town and ride a dirt bike,you know, like where commercial property would be. You would have to do it on agricultural land. I mean, it's,you have to have acres to be able to do that. We have 18 acres set aside as ag only in an easement. This is on our other 10 acres that's outside of that, and not on the easement. So all of that farmland will still be farmland. The part of it where this track is at was a low lying area that Mr. Horsley didn't farm before anyway, because it was so low. So we actually dug a pond for all that water to be able to go to that area. And that's the dirt we use to create this. So there's not even anything that we're building with this, it's already in existence there. We're just going to be using what's there if that... Mr. Cromwell: I realize that and I respect that and I don't wanna be the Grinch that stole Christmas,but the bottom line is that this is a commercial operation and in AG zoning and that's just not doable in my opinion. You know,we just,yeah,we can't have that. Mr.Brown: When we say commercial,what causes the commercial in the AG? Like when we're... Mr. Cromwell: Well, they're paying for a service. You're opening a,you know, a business. Mr.Brown: Yeah. I mean,Horsley pays me to farm the fields and stuff. So all of that,it's kind of commercial, so is the removal... Mr.Cromwell: But it's AG related. This has nothing to do with agriculture, absolutely nothing. Ms.Brown: Well,we have other offerings at our house. We have an orchard that we planted with fruit trees,the egg stand that my daughter wants to run. We have the vegetable garden,the you-pick flowers. So when these families come to ride,they'll get to fish in our pond. They can go in the back and walk the trail in the field. They can play with the chickens. So it's not just coming there and only focusing on the dirt bikes. They get to experience the life in the country that they might not have at home. Because a lot of these people that are going to be coming,they live in neighbourhoods,their kids don't get a chance to ride. So it's kind of a way to sustain our other ventures that we want to do on the farm and help us be able to afford maintaining a bulldozer and maintain the track and all of these things that make our property so unique. It's not just dirt bikes, dirt bikes, dirt bikes. It's farmland. And... Mr.Brown: We just,we feel it's kind of similar to like,when you're doing a wedding venue on agricultural land,you know,they use the agritourism thing and it's,they're collecting money to host a wedding on ag land. And it's not agricultural at all,but they're using the land as another form of income. When the farmer farms are 27 acres,it's very little money that you get for them to farm that it's not really worth it. But if we can bring some sort of other income into the land, then I don't have to just unload it,you know, it's worth it then. So that's... Mr. Cromwell: But you have to understand that you're kind of,you're going to have an albatross or we're going to have an albatross around our neck. We allowed a commercial operation in an ag zoning. Suppose your neighbour wants to come along next year and build a mud track for trucks. Well, what are we supposed to say? Mr.Brown: The people right down the street did the same, similar thing with the baseball field and baseball is recreational and it's on ag and that was just approved for the baseball field. And it's very similar with us. It's just the, like I say,with the teaching of the motors and the dirt bike and all that kind of stuff,I feel it's a little more up the agricultural route and can only be done on agricultural land where a baseball field could have been put,you know, somewhere where it's more commercial. It's a way to get the kids outside because... Mr.Cromwell: Well, I would agree. Field screens and I agree, there's no question. So now the baseball field,you caught me flat-footed on that one. I don't,I'm not,don't know about that. Ms.Brown: Yeah, it was the conditional, they have a Conditional Use Permit down the street for the Field of Dreams at Blackwater on Blackwater Loop. Mr. Cromwell: And that was in Ag land, correct? Ms.Brown: Mm-hmm. Mr. Cromwell: Thank you. Ms.Brown: You're welcome. Ms.Cuellar: Commissioner Coston and then Commissioner Plumlee. Mr. Plumlee: Oh, I was, I was curious for parking for, you know, 40 students. Is that an issue out there? Is there any,you know, worry about places for folks to park? Mr. Brown: No, sir. There's a spot on the, sorry, I pulled my neck. Mr. Plumlee: I see parking area. Mr. Brown: Yeah, there's a spot set up right there beside that pole barn. Mr. Plumlee: And, and you have porta potties that you or portable facilities are going to be brought in for these camps to accommodate everyone, and that's a condition that you're agreeable to? Correct? And then the entryway onto Blackwater Road. Can you tell us about the traffic on Blackwater Road and people getting in and out? Is it a problem? Mr.Brown: On that section of the road, we don't really have an issue with traffic too much. We're south of Hungarian Road, so if you're coming down Blackwater and you're going like south of Carolina and stuff, most people make the right and turn on Hungarian and kind of miss our section. Where between Hungarian and Indian Creek, we're right where it starts to,the speed starts to step down. So it starts to go down into the 35 once you get past us. Mr. Plumlee: Madam Chair, I had a question for staff. Was this a commercial entrance that was requested... Ms.Alcock That was a request of Public Works. So commercial entrance would be required if one was not installed. It would require a Public Works inspection. There was also concern specific to the site about the culvert and having that concrete apron for that reason as well. Mr. Plumlee: Thank you. So is this actually a business? Are you -- Ms. Brown: We would like it to be a business for us. Mr. Brown: We haven't done any training camps or anything yet. It's depending on this. Right now we just use it as private use. Just the kids practice on it. Ms. Cuellar: Okay. Any additional questions for the applicant? Thank you very much. Madam Clerk? Clerk: Our first speaker is Harold Warren. Ms. Cuellar: Good afternoon. Mr.Warren: Good afternoon, Madam Chair,Vice Chair, members. For the record,my name is Harold Warren. I'm the manager for Blue Tractor, LLC. It's the LLC owns a 25 acre tract of land to the west of parcel one. It's owned by Wild Acres. More specifically, my driveway is to the north of parcel one. So I get to see firsthand the perpetual work that is the current motocross course. A bit of history before I move on with the issues I have with this application, I've owned this. My wife and I have owned this property for 30 years. 2009, Robert Arnold came to me about subdividing the property and assured me the rear portion would remain farmed and that a 50 by 200 foot vegetative buffer would be established. For these reasons, we had no opposition to the proposed variance. The buffer never got established,was never installed,but I didn't complain because the agricultural easement remained in use. The applicant, the current owner built pond number one,used the overburden to establish phase one of the motocross course. Even though item 10 of the recorded plat states, and I paraphrase, "physical alterations may require additional permits from governmental agencies." None were ever sought. And this began the encroachment into the agricultural easement. Encroachment is ongoing with the recent completion pond number two to the west with overburden going on, going to phase two of the motocross course,jumps and berms, items that make up a motocross course. This is factual and this is where we are in 2025 right now. And no erosion and sediment control,no construction general permit from VDEQ, no, nothing but foot with a blink and a look the other way from our folks at civil inspections. I'm frequently reminded by those same guys that will tell you that land clearing excavation without a permit are not permitted. And if you plan to disturb more than one acre, a general construction permit issued by DEQ is required. And why this has gotten to pass all these years is beyond me. And fast forward to today, what the applicant is asking is to allow a recreational outdoor recreational facility to be built. They call it dirt bike training or youth training. It's very nice and make no mistake, these are double speak for a motocross course. They're asking you to shrug off the fact that this is a build it now ask forgiveness later request after the fact. Since 2021, this thing has been a dust bowl and a muddy mess in the winter. Constant perpetual construction and not a single attempted sediment, erosion, sediment control, blocking of the drain ditches. And as you probably saw on your site visit, it's no apple orchard. Ms. Cuellar: Mr. Warren, I'm sorry, your time is up. So if you just give us a moment, the commissioners might have a question for you. Mr.Warren: Oh, I got 10 minutes. Ms. Cuellar: You have three minutes. Here,please don't leave. Someone might have a question for you. Mr.Warren: Okay. Ms. Cuellar: I just wanna double-check with the clerk. Is Mr. Warren representing an organization that we may not be aware of? Clerk: They did not write that on the card. I don't have anything. Ms. Cuellar: Thank you so much. Commissioner Cromwell has a question. Mr. Cromwell: You say there's no apple orchard there. Mr.Warren: Excuse me. Mr. Cromwell: There's no apple orchard there. Mr.Warren: Well, I meant that facetiously. It's just, it's no apple orchard. It's a dust bowl. It's a big blob, as you can see. Look at the picture of the thing. It doesn't look anything like the surrounding property. Mr. Cromwell: And there's no mitigation of the runoff from the mounds or no grassed areas or... Mr.Warren: I have a road that goes down beside it. They've gone into the agricultural easement and blocked the ditch, and it's flooded my road in the past. I mean, recently it's just, it's just an unsightly mess back there. They were, the conditional use permit in 2009 said it would not go into that easement at all. Unfortunately. They built a pond back there,used that overburden for more jumps in the easement. And this is where we are today. Mr. Cromwell: And who owns the agricultural easement? Mr.Warren: Excuse me. Mr. Cromwell: Who has the agricultural easement? Mr.Warren: Wild Acres. Mr. Cromwell: Okay. Thank you. Ms. Cuellar: Commissioner Coston? Mr. Coston: I kind of don't understand all of this. So what's the agricultural easement use for? What's it all about? Mr. Cromwell: Well, that was my question to the gentleman here. I'm not quite sure. Mr.Warren: When they did the subdivision variance, they had an area. Do you see where the proposed track is? Everything to the west of that is supposed to remain an agricultural easement. That was the terms of subdividing the Shirley property back then. It had to be used for agricultural purposes. As you can see, they're using it for a motocross course right now. And if you went out there the other day, it's ongoing in the bag. Mr. Cromwell: The course, I'm looking at the same picture you are where it says pond that's in the agricultural easement? Mr.Warren: The pond is in the agricultural easement that he dug and he used for overburden for the phase one of the motocross course. Phase two is to the west of the dark blue line where the proposed course is. Mr. Cromwell: Is that been dug or is being dug? Mr.Warren: Oh, it's dug without a permit. It was a, I was told it was, it was an agricultural use, but they, there was never a silt fence anywhere. No DEQ, all the stuff that the planning department throws on me monthly. They say you got to do these things. But they dug it. They built berms and jumps and stuff in the agricultural easement. Now this application says they're going to fix all that. You know, if this motocross course is allowed to be built, which is already built. This is the after the fact thing. I look at it all the time. Ms. Eisenberg: Chair. Just for point of clarification for Commissioner Cromwell's question,the easement is owned by the city. The easement was granted to the city. Mr. Cromwell: The easement was granted to the city. Ms.Eisenberg: Yes, sir. The city is the holder of the easement. Mr. Plumlee: It's a non-development easement. Ms.Eisenberg: Yes, it's an agricultural easement,but the grantee is the city. Ms. Cromwell: Should he have asked permission to dig upon it? Ms. Eisenberg: That would go through our real estate department, whether or not a certain use would be considered in compliance with the easement language. But just for clarification, because it was stated that the farm was the holder of the easement and the deed of easement grants the agricultural easement to the city. Ms. Cuellar: Commissioner Plumlee and then Commissioner Mauch. Mr. Plumlee: Mr. Warren, I wanna make sure I understand. You own the tract of land directly to the, if you're look,can you see that, to the left side of that aerial? Is that correct? Mr.Warren: My easement, I have an easement to a property to the west. So I go to the north of his property. My driveway comes to the north of his property and it parallels his property line and goes to the back. You can't see my property on this. Mr. Plumlee: And so you travel along that to get to Blackwater Road. Is that fair? Mr.Warren: To get to my property and then back to Blackwater Road, yeah. Mr. Plumlee: Thank you very much. Ms. Cuellar: Any other questions? Oh,pardon me. Commissioner Mauch. Thank you very much, Mr. Warren. Clerk: Our next speaker is Ben Topping, followed by Jamie Pilkington. Mr.Topping: Good afternoon. My name is Ben Topping and I appreciate the opportunity to speak with you today. My wife Nicole and I have two young sons, Easton, four, and Graham, three, who are obsessed with riding dirt bikes. They both are becoming skilled riders,which is crazy to think about considering how young they are. Watching them grow and learn how to ride with Mark Brown and his son, Dayton Brown, has been a real treat. They're learning life lessons that will shape who they will become as they grow into young men. My children would greatly benefit from training with Mark. He's a very talented rider himself and has a fantastic ability to teach children. Safety is a huge part of riding dirt bikes and teaching kids fundamentals early on is incredibly important. For a fun track day, Mark is always putting safety first and knows how to foster an environment in which we feel comfortable. This sport teaches resilience, self- reliance,perseverance, and many other characteristics, both mental and physical. Our kids are learning how to push through challenges and failures. They use these emotions as fuel to overcome obstacles that they will inevitably face on and off the track. Building this mental toolkit will ensure our kids can face challenges head on,that they will keep trying until failure is impossible. We are thankful that the Browns want to extend the use of their personal track to young riders in Virginia Beach. We write this letter and hope that it demonstrates to this Planning Commission how much of a positive impact it will bring to our community. We look forward to having Ride Wild Acres as an established training facility here in Virginia Beach. Thank you for your time. Ms. Cuellar: Thank you very much. Any questions? Clerk: Our next speaker is Jamie Pilkington. Ms. Cuellar: Good afternoon. Mr. Pilkington: Good afternoon all. I came up here today to give my full support for Ride Wild Acres. My kids ride there and all. And I could go in about how much motocross means to my family and how good it is. I think kids learn the ups and downs of any sport. I think kids should be outside more than they are these days. So I think we can all agree on that. I don't think anybody sitting up there disagrees that kids should get outside. Ms. Cuellar: I'm sorry, could you just state your name for the record? Mr. Pilkington: I'm sorry. Jamie Pilkington. I could go and I actually had a lot written here, but more so the fact that I think the problem we have with this a dust bowl and not being done correctly in ponds and such. And here we don't live in the mountains, so it's not easy to build a track through the hills. We have to dig ponds to build tracks. And farms get turned over every, you know,three times a year they'll disc 'em and they don't have any sediment and erosion plans in place for that. You know,you disc it and the ditches catch it. You clean your ditch out,you put it back in the field,you disc it in. No different than having grass around all his hills and mowed. I mean,he has equipment,bulldozers,tractors, watering trucks to water. When people are riding,there's a lot that goes into it. A lot of money that goes into it. So standing here in front of y'all,I can promise y'all that this is not a hit the lottery. Y'all pass it and I'm rich now. There's no money in motocross. Anybody that owns a motocross track knows that equipment's expensive. Manicuring the property. I mean, all this stuff is expensive. I think it's the fact of having a training facility in our backyard to teach kids proper techniques,proper safety flags. Like they said,what to look for when you're out there. It may be a commercial thing and that's something that y'all are going to have to cross and figure out what it works. However,the gentleman that spoke before me made it seem like it was not a well-run organization. When I differ, I mean, I've seen it done a whole lot worse than people are out there having races. And one last comment. I did a little bit of research before coming here. There's 26 baseball fields you can play at any time. Public fields, there's zero motocross tracks in the state of, or Virginia Beach is my search there. There's zero training facilities. There's five training facilities,just picking baseball for instance. So I think however they can come to a common ground of having a training facility there and whatever the city needs to provide or whatever they need to do. I just wanna offer my full support in it because I think it teaches kids the ups and downs and it is a sport for them. And you're not dealing with somebody that,I mean,they're a business owner. They own property,they deal with farmers. We've grown up in the area. I mean,we understand the realm of everything. So you're not dealing with somebody just off the street that has no idea what they're doing. They just have a dream. You're dealing with somebody that is smart,is a business owner, has grown up in the area and is willing to meet the city's requirements. But I guess that's the negotiation between y'all. And that's not for me,but you are dealing with somebody that knows what they're talking about and that's why I'm here to support them and take off work today because I do appreciate what they do for my kids. Ms. Cuellar: Thank you so much for coming down today. Any questions? Commissioner Camp? Mr. Camp: Could you clarify your research on other facilities that do this kind of training? How far out did you look? Was it City of Virginia Beach or were you looking in Hampton Roads? Mr. Pilkington: So the closest I found was Danville,Virginia,would be a... Mr. Camp: Danville was the closest? Mr. Pilkington: So the closest in a circle would be Elizabeth City Motocross Park, and they only hold about one race every four weeks, and no practice as it is a closed racetrack. And the other one is not far from that,which would be Morgan's Comer. And if you send your kid out there, your kid is out there with every other person. So you've got people jumping jumps,you got grown people, you know, teenagers that may not know there's a 50 in front of you, which is a small kid,jumping over them or your kid might be down,they may land on'em. So it's not somewhere you want to take your kid. So because you have everybody else out there, nothing is dedicated to kids. Mr. Camp: In terms of training, did you find anywhere else that is doing training? I think you're talking about places to enjoy riding. What about training? Mr. Pilkington: South of the Border MX,which is in South Carolina. We travel there regularly. I take my kids there. It is a six and a half hour drive. They do a two-day camp there and then you come home, and that is the closest thing to us. Mr. Camp: And one last question, at that facility, can you give us some idea of its scale compared to this? Is it bigger, the same, smaller? Mr. Pilkington: It is a massive facility. A very well run facility. However, they still only do 30 kids. Their cap is 30 kids and it does fill up there. It's because it's one of the only child-designed training camps. So people come from all over. I mean,you'll have people that travel 10 to 12 hours to get there. Mr. Camp: Thank you for the benefit of your research. Ms. Cuellar: Thank you very much. More speakers? Clerk: There are no other speakers. Ms. Cuellar: Mr. and Mrs. Brown,you have the opportunity now to come back to rebut. Mr. Brown: Alright. So some of the things that were brought up,the one was the pond. So when we dug that pond, we did call and ask if we needed to pull a permit for digging that pond. But we were told because it was AG land that the pond was fine if we dug the pond. Ms.Brown: The pond's also used for like, we put fish in it and stuff like that. I asked for a specific list of what we can and can't do, and they said I could put a barn, I can put a pond. Anything that is agricultural,we were allowed to do on the agricultural land without a permit, including our pole barn that we built, that we keep our equipment for our tractors, our chicken food, all of those things in. Mr.Brown: The other one was the 50 foot buffer. So part of this conditional use was putting that stuff back. And the other one was the trees. So we do have apple trees, fig trees, lemon trees,blueberries and peach trees planted. We planted all those in 2022. And they're actually over in that area where that buffer. Ms.Brown: If you look on the picture, it's kind of where the blue square where they want us to move the track to where you see the dirt square in front of it. Right in front of that is where all of those trees,that corner is where those trees are planted. I we planted them with our daughter. It was kind of her thing to wanna be able to have fruit trees,which is also the area where we plan to put the you-pick wild flowers for her. And she actually started a vegetable garden this year. We didn't do too quite well with it, so we're going to have to work on it before next spring. But that is all in that kind of, when we moved that piece of the track away,that's what that became is that's where all that stuff went. Mr.Brown: So with the easement, so originally we filed for a modification and the easement was going to be moved around. We ended up changing that. It's actually easier just to move the dirt than it is to move that line on the paper. You wouldn't think so,but it's easier to move the dirt. So,this right here is what the proposed setup will be. So the track is moving off of that easement. So it,I forget what line it was. I think it's line 11 on the modification or on the conditional use. Anything that's on that easement is going to be back flattened out and that's going to,Horsley's going to continue to farm that. The pond that was back there, that was separate. That's not even part of our track or anything like that. That is a very low spot. Mr. Horsley could even tell you that spot has not grown crops for a long time. That's originally why we wanted that to be the track. And we wanted to move the easement lines was because that was such a low spot. You kind of think of it similar to like Disney World, it was putting a swamp because they were going to dig all the lakes and stuff anyway. So we were going to put the track there because we were going to dig up the dirt anyway. But being that we're moving the track up front,the pond is going to stay back there and it's just going to be drainage for those fields. But the track itself that's on the easement will be flattened. It won't be there anymore. Ms.Cuellar: Okay. Thank you very much. So that's your time. Commissioner Plumlee? Mr. Plumlee: Just a quick question. So did you sell the easements,excuse me, the agricultural preservation easement to the City of Virginia Beach or the prior owner? Mr.Brown: The prior owner. Mr. Plumlee: Okay. Mr.Brown: So when we bought it,when we purchased the property, we were kind of like,well, what can we do. Mr.Plumlee: What can we use it for? It's under section 4.0.1 of the city code. Mr. Brown: So we called and asked a bunch of questions and stuff on like what we can use it for. And then with the modification, it just got into be too much. It was, it'd be easier to move all the dirt to the right spot and just have it in front of there. We were trying to keep it back where the woods to where it wasn't up in front. If I could bring,can I bring up anything else? So the other thing is on that property, so I know Mr. Warren was up here. If you look at that on the north of our property,where that orange line separates the two property lines. So our Wild Acres Farm property butts up to Louis Parsons, which is our neighbour, directly north. Those woods that come out, they have started to grow and they come so far that now they're starting to come into our property. So that path that they use to get back there, that easement that accesses that property is, it comes into ours a lot on our side. I bush hog that whole path. We keep up with all that stuff. Nobody else keeps up with all that. We cut it. We maintain all that. We try to do as much as we can to help everybody out around. You know,we do have a lot of equipment and we're able to clean that stuff up and we'd be willing to do anything that anybody else needs to. Ms. Cuellar: Thank you very much. Mr. Cromwell? Mr. Cromwell: Did you dig both ponds or were... Mr. Brown: Yes. Mr. Cromwell: You dug both ponds? Mr. Brown: Yes, sir. Mr. Cromwell: So initially it was one was just a low spot? Mr. Brown: Yeah, the one, the main one that we dug originally, that is our pond that we have fish in, and that's like our main pond. Mr. Cromwell: And that's in the back, so to speak. Mr.Brown: That's the one on the,that's the one that you see in the picture. The new one is in the very low spot, which you can even see the low spot in the picture. It's mud, even though it's as dusty as it is up there, where that track is. If you look in that far left corner, that's the field, but it's bare because that is a very low lying comer right there. It's very low. Mr. Cromwell: In other words, it's above the area outlined in purple. Ms. Brown: That's the original pond. If you go all the way to the back to the tree line, okay, it's in the very back left corner. Mr. Cromwell: Okay. That dark spot? Mr. Brown: Yeah,that dark spot. We just continued to dig it because it was already a low muddy spot. So now that's a pond. It's a very small pond. It's maybe 40 feet by 40 feet. Mr. Cromwell: But the pond behind the track is the one that you dug and used the dirt for the track. Mr. Brown: Yes, sir. Mr. Cromwell: And you called before you dug the pond? Mr. Brown: Yes, sir. Ms. Brown: And they said we didn't need to get a permit'cause it was agricultural use. Mr.Brown: Yeah, and I even, I've been working with Don Horsley on even like some of the ditching through that property because the way the fields are done. We have one ditch that cuts through all that property. So we're trying to get more ditches to go to that ditch because it all runs to Indian Creek out the other side. We're high as far as like sea level goes,we're like eight feet above sea level. It's just, there's not a lot of drainage there. So that's what the ponds are kind of doing is taking our water and putting in the ponds. It's gotten a lot better since we've done that. Mr. Cromwell: Thank you. Ms. Cuellar: Okay. Thank you very much. Mr. Brown: Thank you. Ms. Cuellar: Commissioner Mauch, question for staff? Mr. Mauch: Yeah. In y'all's opinion,have they, when it comes to the easement itself and digging the ponds and such, have they figured, I mean,have they done that appropriately for what staff? But just to address Mr. Warren's concerns. Ms. Bookholt: Farm ponds are allowed to be excavated on agricultural property. We'd wanna do some analysis to see if that was done. I don't know who they spoke with or if they got the proper approvals before digging those ponds. There are some things that will need to be addressed with the erosion and sediment control piece of it,whether or not this application gets approved. Mr. Mauch: Okay. And then another question, I think one of the, and correct me if I'm wrong, Mr. Cromwell, one of the major concerns that he has is that this will set a kind of a commercial precedent. If this were to be approved, is there a way that it could be approved in such a specific manner that it only speaks to this type of youth facility? So that wouldn't have the ability to be duplicated? Because I think one of his strong, from what I hear, one of the main strongest opposition to it is that it creates that commercial presence within an Ag district. Is there something that we can do in order to, if it was the will of the body to prevent that type of precedent? Ms. Bookholt: I don't know that there's a specific condition that you would need to apply. Each application is unique. So you would have the ability to make a different decision on a different piece of property since each property is intrinsically unique. Mr. Mauch: Okay. So the Field of Dreams that they had brought up, is that the same use as this? Ms. Bookholt: It's an outdoor recreation facility,yes. Mr. Mauch: Okay. But it would not be considered setting up a precedent or would it? Ms. Bookholt: No,because it would -- Mr. Mauch: We're looking at just this specific one. Ms. Bookholt: We're looking at this specific application. Mr. Mauch: Okay. Ms. Cuellar: Commissioner Byler also has a question for staff. Ms. Byler: So this is just for clarification in my mind,this is an approved use for a Conditional Use Permit and whether it's for profit or commercial enterprise is a separate issue that would be taken up with a business license or treasury but not zoning. Ms. Bookholt: Right. This could, the dirt bike business could be under the outdoor recreational use permit umbrella. Ms. Byler: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: I'm still not quite clear on this. I think what you just said helped that riding dirt bikes is recreational. But as far as Commissioner Cromwell's concern about this being classified as a commercial enterprise,where do we cross into commercial? I'm not quite sure. How are we classifying it as commercial or not commercial? Where is that occurring? He's got a concern that it is. Well who declares it? Ms. Sabo: As far as what use category a use would fall under, that would be the zoning administrator that would make that determination. As far as this use goes, I mean any type of recreational activity, if it's you in your backyard, whether it's throwing a baseball,having a game with your kids and their friends,when does that crossover into being something that then becomes a commercial activity? We would have to look at that individually in this case. They are,the activity is recreational. They are taking money for it for the camp. So there is a commercial aspect to it, but it's a recreational activity is how we would consider it. Mr. Camp: And does that take into account all of these side businesses that have been listed here as part of the overall operation? Ms. Sabo: Which side business? I'm sorry. Are you referring to specifically— Mr. Camp: You-pick flowers,the—I forget the other list of things that are going on. There are those, I got the impression that those are things involving money. Ms. Sabo: Yeah, so we would look at, when we're looking at the use on the property, we want to make sure that all of the uses are either permitted. If they're permitted by right, then that would be one thing. If they're permitted with the use permit, in this case,you know,this recreation activity is, or if they're accessory to the use, the primary use. I believe when,when staff has reviewed this application, all of the uses that they had described were either permitted by right on that property or, or were permitted under this use permit. Okay. Mr. Camp: Thank you. So I'm just going to summarize this and please correct me, Commissioner. Are you saying that Commissioner Cromwell's concern about the commercial use, that your analysis came out differently? Ms. Sabo: I'm saying that the use that they are proposing would fall into a recreational use in this district. Mr. Camp: Thank you. Mr.Plumlee: I don't know if I can help clarify anything because this is an area that is right for people to hire people like me,but I will tell you: under 15.2-2288.0.6,the city's not allowed to regulate these activities if it's considered agritourism. Agritourism is defined under 3.2-6400 and it means any activity carried out on a farm or ranch, including recreation, entertainment, and an activity is an agritourism activity whether or not the participant paid to participate in the activity. That is state law. The only way the city even is allowed to regulate the use is if it's determined that there's a significant impact to the health, safety, welfare of the general public, which there's been no declaration in any of the staff report that that's indeed the case. I've asked about the roads, I've asked about the porta-potties,I've asked about safety. There's been nothing to indicate there's any interference. And I'll just say this,Virginia Tech put out a study of agritourism in 2014 that a lot of localities rely upon. It specifically says youth camps are listed, and it doesn't tell you they can,they can only be for horseback riding;they're going to be for this. Youth camps are considered agritourism. I want us to take the opportunity to regulate them because they've stepped up to the microphone and they'll agree to do a lot of the things we're asking them to do, including correcting the pond if necessary and getting an E&S evaluation and doing all these other things. I don't necessarily like the fact that they have to put in a concrete pad on a 50-foot wide entryway for 20 kids to come over and ride bikes. I think that's excessive, and I'd like to change that condition. I'd like to make sure that they're able to do at least 40 of these events—'cause you know,they're going to call it a camp if four people or five,whatever, show up to it. So I think 40 is reasonable. But what we're doing is regulating somebody who could hire somebody like me to go out and file a lawsuit and say, "Stop getting in my business."When, when they sold, or the prior owner was paid for the agricultural easement, it limited the use to ag uses, which specifically includes in the city code, agritourism. So then you look at this broad definition,what gets batted around is what is agritourism and what would disqualify. They don't want to go through that fight. We don't want'em to go through that fight. We wanna regulate 'em. So I think it's an opportunity before us, and the state has said they can get paid for it and still have it be an agritourism,meaning agricultural-related activity. So that's,I hope that,that, that is helpful. I don't know if it's helpful because these things bounce around in courtrooms and all that stuff all the time, but it clarifies my mind that they're here respectfully requesting this to be fairly regulated. Ms. Sabo: Madam Chair, if I may? Ms. Cuellar: Yes. Ms. Sabo: Point of clarification,I think to your question: we don't have a use in the agricultural district that's just labeled,you know, "commercial use." That's not a,you know,use that we would drop something into. So it's not, "Is it commercial or is it a recreational,you know,use?" That's not really an either/or. So this specific activity is considered the recreational use category; it's "recreation amusement facilities of an outdoor nature." So that is what this falls into. There are a number of activities that do fall into agritourism, like you-pick flowers,things like that, that would fall into that category. And I think some of those other activities that are occurring,which also they do take, includes a commercial aspect where they get money for those uses,those would fall into that by-right agritourism category. This particular use of the dirt bike training facility we determined did not fall into agritourism but did fall into the use of an outdoor amuse—excuse me—outdoor recreation,which would be that conditional use permit. Mr.Plumlee: I do have a motion. I would move to approve this application with a modification to condition number two,that there be 40—excuse me-20 events rather than 12, and a modification to condition number 12 to remove the requirement for concrete apron. Those are my only changes. Oh, I'm sorry. There was also a request I thought was reasonable to put a five- child limit as opposed to three,to condition number three,two classes a week. Okay,that's the motion. Ms. Coston: I'll second. Ms. Cuellar: So we have a motion by Commissioner Plumlee for approval with three amended conditions,numbers two,three, and 12 as stated. And it's seconded by Commissioner Coston. Is there any further discussion? Commissioner Camp? Mr. Camp: In reaching its decision,the staff cites the reference handbook. Is that reference handbook scheduled to be deleted as part of the comp plan update? We're going to archive the reference handbook and not have that any longer. Ms.Bookholt: I'm not sure I understand the question. Mr.Camp: Alright, I'm going to pull that one out and ask it separately outside of this hearing. I think that these applicants are providing what is clearly a needed service. It's popular, it seems to have a lot of attestation. It's a long way to go to find something else like it. And I think in general what I'm hearing is that you're trying to do it in a way that respects safety. They haven't maybe done it in a way that respects all of the things regarding the land that should have been tightened up and perhaps handled a little differently. But as Commissioner Plumlee says,by putting this under the city's auspices here to regulate it,we have an opportunity to get some of that corrected. And for that reason,I'm willing to support this. Ms. Cuellar: Thank you, commissioner. Commissioner Mauch? Mr.Mauch: Yeah. I appreciate the fact that the applicants are trying to do something to get the kids out and teach the youth. I think it's important that we do that. I do understand the concerns of Mr. Cromwell, because there might not be something that provides the similar service,but he doesn't want it to create a, some sort of a precedent to allow for commercial operations to happen within agriculture. I hope with the clarification of what staff has provided, as well as the knowledge of Commissioner Plumlee,that this would allow for us to try and see how we can find a way to approve this. It's in a spot that, I mean, we can't,we can't ride dirt bikes anywhere in the city. And I think probably everybody would up here—be up here that, that says that this is the most appropriate space to do these types of things. And, and for those reasons, I'll, I'll be supporting it. Ms. Cuellar: Thank you,Commissioner. Clerk: The vote is open. Ms.Alcock: Can I just make one point of clarification for condition 12? The requirement for the concrete apron, that's a requirement of the Public Works Design Standards Manual. And so not having that would require an administrative variance to be granted by Public Works. And I also just wanted to reiterate, it was a concern with having the concrete apron would protect the culvert that is there to maintain the drainage along the road,keep gravel out of the roadway. So I just wanted to kind of reiterate that. Mr. Plumlee: If I can address that question. I think that can be presented to council to consider that on their consideration. But with the few number of people using this site and the few number of times, I don't think it is necessary at this particular location, but that's,that's why I included that removal. Thank you. Clerk: By recorded vote of eight to one, Item 15, Mark and Somer Brown, has been recommended for approval. Vote Tall Commission Member AYE 8 NAY 1 ABS 0 ABSENT 1 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. This Conditional Use Permit shall not restrict personal use of the track on the property. 2. There shall be no more than 12 ^^^ day camps 20 one day-camps permitted every calendar year. 3. The operator is permitted to have� i„,d;, iddu l 9F small gFeup '^«^„ ^ ek With ^ .e th-.„+hire,,, ehi1dFe„ „^r 1eSSGR two individual or small group lessons per week with no more than five children per lesson. All lessons shall conclude by 8:00 p.m. 4. The hours of operation for each camp or lesson shall be between 8:00 a.m. to 8:00 p.m., Monday through Sunday. S. There shall be no amplified music or outdoor lighting associated with the Outdoor Recreation Facility. 6. Portable restrooms shall be brought onto the property during the time of the camp and removed afterward in a timely manner. 7. All vehicles shall be parked in the designated parking area depicted on the attached site plan; no overnight parking is permitted. 8. All camps, events, and lessons held on the property shall only be organized and operated by the property owner. 9. There shall be no more than 40 students on the property at any time. 10. Upon approval of this application, a Site Plan and an Erosion & Sediment Plan shall be submitted to the Development Services Center for review. 11. All improvements currently located within the Agriculture Easement that are not permitted must be removed within 12 months of application approval. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Planning commission letter Date: Thursday,September 4,2025 2:59:55 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Kevin Stewart<kmsres2010ia' gmail.com> Date: Thu, Sep 4, 2025 at 2:18 PM Subject: Planning commission letter To: <someran mark(c�r�.gmail_com> To all that it may concern, My name is Kevin Stewart and I am writing to show support for the Brown family and their ride wild acres project. As a"motocross dad"who has a 14 year old son that races I know the benefits of having the proper training from an experienced instructor . Mark and Somer Brown have shown they are both in the category of experienced ! They coached their very young son this season all the way to the amateur national championship races in Tennessee . Working on race tracks I have personally witnessed all this . I highly encourage and recommend they are allowed to move forward with their dream project to help other young children learn the proper techniques of riding motocross bikes ! Thank you for your time in reading this Sincerely The Stewart family MX racers Sent from my iPhone To whom it may concern, I fully support Wild Acres motocross training facility located on Btackwater Road in Virginia Beach. The project would be a significant asset to the community and the surrounding area. Currently, riders in the area have limited options for safe and structured training. A motocross training facility would provide a controlled environment for young riders of all skill levels.This promotes the sport and provides local youth with a constructive activity that teaches discipline, risk management, and responsibility. The facility's proponents have outlined a plan that addresses common concerns. The plans for continuing to be a responsible neighbor are a priority for Wild Acres. This facility is a professionally managed training ground where safety and proper technique are emphasized. Beyond the direct benefits to riders, this facility promises to positively impact the local economy. It would attract visiting riders and their families,who would utilize local businesses for lodging, restaurants, and supplies. The facility would also foster a strong sense of community, providing a new gathering place built around a shared passion. The Wild Acres motocross training facility would be a valuable and positive addition to the community. Approval of this project would support the development of a safe and constructive space for the area's youth. Thank you for your time and consideration. Sincerely, Kenneth Newton To whom it may concern, I am reaching out in support of Wild Acres Training Facility. This training facility would be a great asset to the community, especially for the youth motocross riders. Currently, there are very limited places for young riders to ride and train. Wild Acres would provide a controlled environment for them to learn how to ride safely. This is primarily for the young riders, who have no place to learn the basic skills of how to ride a dirt bike. Most tracks in the surrounding areas only offer practice right before a race, which leaves little time to learn the fundamentals.Wild Acres would be a great opportunity foryoung riders to get the basic understanding and knowledge of their bike, and feet comfortable, before going out into a race. Safety is a top priority. The community that comes with the sport of motocross is unlike any other. This facility would be a huge opportunity for families with young riders to have people share their knowledge of the sport. It wilt give the kids confidence in their ability to safely ride their dirt bike. In addition to the knowledge, safety, and basic skills that will be learned at Wild Acres, it will also provide a place for these young kids to gain lifelong friendships. The Wild Acres Training Facility would be an invaluable resource for the community.When this project is approved, it will provide a safe, regulated place for youth motocross riders to learn and grow. Thank you for your consideration and time. Sincerely, Kelsey Newton From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:letter of support Date: Thursday,September 4,2025 3:20:21 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I missed sending this one before! ----------Forwarded message--------- From: Kovacs,Brittaney Brown <bbkovacs libertv_edu> Date: Thu, Jun 5, 2025 at 10:45 AM Subject: letter of support To: somerandmark(aagmail.com<somerandmarkagmail_com> Brittaney Kovacs 1137 Sanderson Rd. Chesapeake.VA 23322 bbkovacsCabli bertv.edu 757-434-3917 June 5th,2025 To Whom It May Concern, I am writing this letter in strong support of Mark and Somer Brown and their efforts to establish a youth motocross training program at their family farm. As someone who knows their commitment to both the sport and our community, I believe this initiative will have a profoundly positive impact on the development of young riders in our area. Motocross, like any sport, requires training,discipline, and mentorship—especially for young riders just starting out. Right now,there is a noticeable gap in our region when it comes to accessible, safe, and structured training opportunities for children interested in motocross. Mark and Somer's proposal aims to fill this need by offering small-group training that prioritizes safety, skill-building, and sportsmanship. It is clear they are taking thoughtful steps to minimize the impact on surrounding properties.They have already made modifications to the track, moving it further back on their land, and are approaching this project with professionalism and care.Their farm- based program will allow young riders to gain confidence, learn proper techniques, and prepare for race days in a controlled and nurturing environment—something that's currently unavailable in our region. I believe this training facility will be a valuable resource to families like mine and will promote healthy, active lifestyles for local youth. I support their Conditional Use Permit request and urge you to consider the benefits this program can bring to both the sport and our broader community. Please don't hesitate to reach out if you'd like to discuss my support further. Sincerely, Brittaney Brown Kovacs, M.A. PhD Candidate Travis Halstead twhaIsteadjr@gmail.com Submission Date Jul 21,202511:36 AM Full Name Travis Halstead Email Address twhalsteadjr_p_gmail.com Address 2205 Mansion Cross Ln Virginia Beach,VA,23456 Signature ` Comments or Additional This would be a great asset for the youth of our community!Mark and Information Somer already give so much back to the Creeds Athletic Association,the Church of Christ at Creeds and other organizations.It would be awesome to see structured training for new and novice youth motorcycle riders. To Whom It May Concern, We are writing on behalf of Wild Acres in full support of the mission set forth by Mark and Somer Brown. Our children, Owen (age 8) and Colsen (age 6), have been riding weekly at the Browns' property for some time now. Both boys ride 50cc dirt bikes—both electric and gas-powered—and truly enjoy gathering with friends to participate in a sport they are passionate about. Mark is highly knowledgeable in the field of motocross and has been a tremendous resource and support for our oldest son, Owen, who competes in races across multiple states. His guidance and encouragement have been instrumental in Owen's growth and development as a young athlete. As the popularity of motocross continues to grow, we believe it is crucial for young riders to have access to a local facility where they can learn proper safety techniques and riding etiquette. This kind of structured environment not only supports their progress but also helps to reduce the risk of accidents and injuries. Currently, the closest public facility offering motocross riding is located in North Carolina. Unfortunately, those practices are not divided into skill levels, which can pose significant safety risks to inexperienced or younger riders. Having a local training facility at Wild Acres would allow children to become confident on their bikes while riding with others of similar experience and bike size. This would be an invaluable resource for the growing community of young motocross enthusiasts in our area. We respectfully urge you to consider the many benefits that granting permission for this training facility would provide for youth riders and their families. Thank you for your time and consideration. Respectfully, Kyle and Bailey Fett 4416 Muddy Creek Rd Virginia Beach, VA 23457 From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Wild Acres Farm Date: Wednesday,September 3,2025 5:11:37 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Abril Yax<ayax a,)hothouseyogi.co I> Date: Wed, Sep 3, 2025 at 12:22 PM Subject: Wild Acres Farm To: somerandmarkagmail.com<somerand_mark(cor=ail_com> My son absolutely loves riding at Wild Acres Motocross, and it has quickly become one of his favorite places to be. He always looks forward to the days he can ride because he knows the track will be both fun and challenging—thanks to all the time and effort Mr. Mark Brown puts into changing it up and keeping it exciting. He not only enjoys the thrill of riding but also the friendships he's been able to build with other kids at the track. The community Wild Acres has created makes the experience even more special for him. Most of all, he really values the tips and guidance Mr. Brown shares with him. His advice has boosted my son's confidence and helped him improve, and I can tell how much it means to him to have Mr. Brown's encouragement. With great thanks, Mr. Yax Erika Mills 2520 Maymont Court Virginia Beach 23454 emills530@gmail.com 757.681.3504 September 4, 2025 Dear Members of the Planning Commission, I am writing to express my support for the proposed youth motocross training facility with Somer and Mark Brown . Our community is growing quickly with developments breaking ground on a regular basis,yet there are no local places for kids to safely learn and practice motocross. Families are forced to travel long distances,which makes it hard for young riders to get the training and supervision they need. This facility would give children—especially ages 4 to 8—a safe,structured environment to learn riding fundamentals and track safety.Just like other youth sports programs, it would help kids stay active,build confidence, and develop responsibility. Most importantly, it ensures they are riding under supervision rather than in unsafe or unsupervised areas. A local motocross training program would fill a real gap in our community and provide families with a positive,healthy outlet close to home. I strongly encourage you to approve this project for the benefit of our youth and our growing community. Thank you for your consideration. Sincerely, Erika Mills To Whom it May Concern, I'm a next door neighbor and I'm excited to see a new opportunity to support the safety of our kids through proper training. Seeing the kids outside enjoying an activity is something too good to pass up! Without a doubt, The Brown family will create an environment that enriches the lives of many. I am in full support. Sincerely, Rachel Jennings From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Dirtbike fun Date: Tuesday,September 9,2025 12:56:51 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Molly Knight<mol ychildress I Qgmail.com> Date: Tue, Sep 9, 2025 at 12:52 PM Subject: Dirtbike fun To: <Somerandmarkngmail.com> My name is Molly Knight and I am neighbors with Mark and Somer Brown,my address is 5916 Blackwater Rd. My family and I love what they are doing and support them. Sent from my iPhone From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Support for CUP Date: Tuesday,September 9,2025 3:01:20 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Travis Halstead<travishalstead275(a gmail_com> v Date: Tue, Sep 9, 2025 at 2:59 PM Subject: Support for CUP To: <somerandmark(c,)amail_com> To the Planning Commission, I would like to offer my support for the CUP that my daughter, Somer Brown and my son in- law, Mark Brown are applying for. I believe that a youth oriented motocross training facility would greatly benefit the community. The younger riders are seeking instruction in South Carolina and a facility closer to Virginia is greatly needed. Thank you, Travis Halstead 2205 Mansion Cross L.n Virginia Beach,Va 23456 757-589-3122 From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Ride Wild Acres Date: Monday,September 8,2025 8:17:19 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Melanie Davis<mrr09l9 �.gmail.com> Date: Sun, Sep 7, 2025 at 9:03 PM Subject: Ride Wild Acres To: Somer Brown<somerand_mark ca�gmail.com> - �o To: City Planning Commission Subject: Wild Acres Farm Dirt Bike Training Facility Dear City Planning Commission, I am writing to support the plan to build a youth dirt bike training facility in our community. This facility would give young people a safe place to ride and learn. It can teach them responsibility, safety, and respect for rules on the track. It would also give kids a fun and positive activity to be part of. I believe this project will be good for our community and our youth. I hope you will approve it. Thank you for your time. Appreciatively, Melanie Davis 5348 Blackwater Rd,Virginia Beach, VA 23457 From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Conditional Use Permit Date: Monday,September 8,2025 8:55:18 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: James Crisher<jcrisher35 amail.com> Date: Mon, Sep 8, 2025 at 8:54 PM Subject: Conditional Use Permit To: <somerandmarkagmail.com> I support the application for a Conditional Use Permit(Outdoor Recreation Facility) at 5917 BlackwaterRd. James E Crisher 4900 Morris Neck Rd Va Beach,VA 23457 Sent from my Whone From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Vb Planning Commission Date: Monday,September 8,2025 8:18:08 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Ben Topping<bentopping(Wgmail_com> Date: Mon, Sep 8,2025 at 7:28 AM Subject: Vb Planning Commission To: somerandmarkQgmai I-com<somerandmarkna�,QmaiI com> To the Virginia Beach Planning Commission, My wife and I have two young sons;Easton(4)&Graham(3),who are obsessed with dirt bikes. They both are becoming skilled riders,which is crazy to think about considering how young they are. Watching them grow and learn how to ride with Mark Brown, and his son Dayton Brown(7), has been a real treat. They are learning life lessons that will shape who they will become, as they grow into young men. My kids would greatly benefit from training with Mark. He is a very talented rider himself and has a fantastic ability to teach children. Safety is a huge part of riding dirt bikes, and teaching kids fundamentals early on is incredibly important for a fun track day. Mark is always putting safety first and knows how to foster an environment in which we feel comfortable and safe in. This sport teaches resilience, self reliance,perseverance, and many other characteristics both mental and physical. Our kids are learning how to push through challenges and failures. They use these emotions as fuel to overcome obstacles that they will inevitably face,on and off the track. Building this mental tool kit will ensure our kids can face challenges head on, that they keep trying until failure is impossible. Mark and Somer Brown are fantastic people with a remarkable sense of community and family. Their love for Motocross is contagious and we truly enjoy being around them. This is very exciting to be a part of their journey. We write this letter in hope that it demonstrates to the Virginia Beach Planning Commission how much of a positive impact this will bring to our community. We look forward to having Ride Wild Acres as an established training facility here in Virginia Beach. -Ben&Nicole Topping To Whom It May Concern, I am writing to offer my full support for the creation of Wild Acres, a motocross training facility that my cousins hope to establish on their family farm. As a parent of two young racers. I have seen firsthand how much opportunity, safety, and guidance a dedicated training space could bring—not only to my own children but to so many others in our community. Having a place to learn proper techniques, practice under supervision, and grow their skills in a safe environment would make a lasting difference in the lives of young riders and their families. Motocross has always been more than just a sport for our family. It is a legacy passed down from fathers, a late grandfather, and cousins who share a deep passion for racing. Traveling together, competing, and supporting one another has been a gift, and I believe Wild Acres would extend that same gift to countless families by creating a safe. structured place to train. With a focus on safety and community, this facility has the potential to build not only better riders but also stronger families and friendships around the sport we love. Best, Jamie and Mary Pilkington From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd: Date: Monday,September 8,2025 6:04:25 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: <skY1uJu1a email_com> Date: Mon, Sep 8, 2025 at 5:58 PM Subject: To: <somerandmarkna.Qmail_com> Hello! I would like to write my support for ride wild acres to obtain a conditional use permit to hold youth training camps. We have been in the dirt bike community for over a year and my 6 year old son Asher has only shown improvement while riding with his friends at wild acres farm. Approving the permit to hold training would help the youth riders tremendously in an area that is low in resources. Thank you for your taking your time to consider this opportunity for our motivated riders! Skylar Richardson 1885 Tolstoy Dr Virginia Beach,VA 23454 From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Conditional Use Permit Date: Monday,September 8,2025 8:45:44 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Cyd Crisher<par4crisher(�.gmail_com> Date: Mon, Sep 8, 2025 at 8:44 PM Subject: Conditional Use Permit To: Somer Brown<somerandmark(g,)gmail_com> My name is Cyd C. Crisher. I live at 4900 Morris Neck Rd_ Virginia Beach, VA 23457. I support the application submitted by Wild Acres Farm VB for a Conditional Use Permit (Outdoor Recreation Facility)at 5917 Blackwater Rd. Va Beach, VA. Sent from my iPad From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Permit II Date: Tuesday,September 9,2025 11:59:17 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message --------- From: <mandylcoyle�,)vahoo_com> Date: Tue, Sep 9, 2025 at 11:58 AM Subject: Permit !! To: <somerandmark(a gmail_com> v= To whom it may concern, I'm writing as a neighbor at 5840 Blackwater Rd in support of the conditional use permit requested by Mark and Somer Brown. As someone who lives a few houses down and has a son who enjoys riding dirt bikes, I believe having a local place where kids can learn to ride safety would be a huge benefit to the community, especially under the guidance of people who are passionate and experienced in this area. For these reasons, I fully support their permit application and hope it will be approved. Sincerely, Amanda Sawyer 5840 Blackwater Rd Virginia Beach, VA 23457 Sent from my Whone To Whom It May Concern, I am writing in support of the conditional use permit submitted by Mark and Somer Brown. I believe that their plan to provide instruction on proper and safe dirt bike riding would be a valuable addition to our community. A structured, supervised environment will offer local youth a safe space to learn responsible riding. An opportunity that is currently limited for many families. Mark and Somer's dedication to safety and youth development is evident in their approach, and I believe this program will be a meaningful benefit for kids in our area. I fully support their application and encourage its approval. Sincerely, Chloe Coyle 1744 Lapstone Ct Virginia Beach, VA 23453 coylechloe3@gmall.com From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Letter of Support-The Moores Date: Sunday,September 7,2025 6:32:41 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message--------- From: Alexis Moores<alexistmoores(a g mail.com> Date: Sun, Sep 7, 2025 at 5:25 PM Subject: Letter of Support- The Moores To: somerandmark(a).gmail.com<somerandmark(c�gmail.com> Dear Members of the City Council, I am writing to express my family's strong support for Wild Acres Moto and to share the positive impact it has had on our son and our community. For the past year,we have been fortunate to ride there every Monday, and in that time we have seen not only tremendous growth in our son's motocross abilities, but also in his character, confidence, and sense of belonging. Wild Acres Moto provides more than just a place to ride. It has fostered a community of friendship, encouragement, and mentorship that is truly unparalleled. Through their environment, children are learning lessons that extend far beyond the track; mechanics, respect, kindness, tenacity, and hard work. These are skills and values that will serve them well for a lifetime,both in and out of motocross. The positive, supportive atmosphere at Wild Acres Moto has given our son the confidence to push himself, the humility to learn from others, and the joy of being part of a community that celebrates progress as much as achievement. We cannot overstate how instrumental this organization has been in his development. For these reasons, we wholeheartedly support Wild Acres Moto and the role it plays in strengthening our youth, families, and community. We respectfully urge you to continue supporting their mission and the opportunities they provide for so many. Thank you for your time and consideration. Sincerely, Alexis and Kendal Moores Alexis Moores I Senior Account Manager I Enterprise Interoperability-Life Sciences and Innovation for 0 , 1 757.390.1726 5 alexis.mooresQnfor.com IMMLinfor.com/solutions/healthcare/ Alexistmooresa mail_com Submission Date Full Name Address Jun 5,2025 Steven Ancheta 4517 Buckingham Dr Portsmouth,VA,23703 Jun 5,2025 Cheri Spurgeon 16380 Blackwater Rd Zachary,LA,70791 Jun 5,2025 Clayton Stephens 2704 Sonnet Lane Virginia Beach,VA,23456 Jun 5,2025 Caroline Doyle 1361 Princess Anne Roas Virginia Beach,VA,23457 Jun 5,2025 No Kanchev 1605 head of river rd Chesapeake,Va,23322 Jun 5,2025 Mike Anders 4101 charity neck rd Virginia beach,Va,23457 Jun 5,2025 Elizabeth Yax 717 Carmel St Virginia Bch,VA,23457 Jun 5,2025 Megan Whitaker 460 Nc Highway 32 N Sunbury,NC,27979 Jun 5,2025 Bradley Reiman 402 Calvin St Suffolk,VA,23435 - Jun 5,2025 Jeff Hale 460 Nc Highway 32 N Sunbury,NC,27979 Jun 5,2025 Mason Hatchell 3273 Old Carolina Rd Virginia Beach,VA,23457 Jun 5,2025 David Heafner 3804 Pleasant Ridge Ct Va.Beach,Va,23457 Jun 5,2025 Susan Heafner 3804 Pleasant Ridge Ct Va.Beach,Va,23457 Jun 5,2025 Douglas Wilson 616 Planters Ct Virginia Bch,VA,23457 Jun 5,2025 Patti Newton 5484 Morris Neck Rd Virginia Bch,VA,23457 Jun 5,2025 Nick Bruce 122 McGahey Ln McGaheysville,VA,22840 Jun 5,2025 Heather Newton 3524 Indian Creek Road Virginia Beach,VA,23457 Jun 5,2025 Kelly Beach 108 BRYAN RD Knotts Island,NC,27950 Jun 5,2025 Stephen Barnes 24 emily street Gates,Nc,27937 Jun 5,2025 Theresa Knowles 2528 Magnolia Green Loop Virginia Beach,VA,23456 Jun 5,2025 paul kidd 2247 angler lane Chesapeake,VA,VA,23323 Jun 5,2025 Jamie Trower 1109 Harlie Avenue Virginia Beach,VA,23464 Jun 5,2025 Chris Pimer 187 herman Arnold rd Camden, Nc,27921 Jun 5,2025 Jordan Kusturin 808 chigwell ct Virginia Beach,VA,23454 Jun 5,2025 Jeffrey Mclaughlin 130 W Gibbs Rd Knotts Island,NC,27950 Jun 5,2025 Baileigh Cross 716 Carmel St Virginia Beach,Va,23457 Jun 5,2025 Sarah McGroarty 5433 Fitztown Rd Virginia Beach,VA,23457 Jun 5,2025 Douglas Smith 4 Light Streak Rd Sunbury,NC,27979 Jun 5,2025 Tracey Wiggs 7483 Gloucester Village Dr Gloucester,VA,23061 Jun 5,2025 Ashley Begeot 768 NC-343 Camden,Nc,27921 Jun 5,2025 Jordan Grygotis 4482 Nanneys Creek Court Virginia Beach,VA,23457 Jun 5,2025 Stacy Kistler 5125 Morris Neck Rd Virginia Bch,VA,23457 Jun 5,2025 Howard Holzmacher 3300 Heffington Dr Vb,Va,23456 Jun 5,2025 Courtney Pugh 408 Montross Court Chesapeake,VA,23323 Jun 5,2025 Shane Dearborn 4849 Stone Rd Virginia Beach,VA,23457 Jun 5,2025 Wendy Woolard 5924 Fitztown Road Virginia Beach,VA,23457 Jun 5,2025 Jessica Roberson 601 Calumet Street Chesapeake,VA,23322 Jun 5,2025 Cameron Williams 589 Fernwood Farms Rd Chesapeake,VA,23320 Jun 5,2025 Chris Jackson 505 BILL CT Chesapeake,VA,23322 Jun 5,2025 Brandy Dowdy 1657 Princess Anne Road Virginia Beach,VA,23456 Jun S,2025 Garry Ballance 1345 schoolhouse rd Elizabeth City,NC,27909 Jun 5,2025 Amanda McLaughlin 130 W Gibbs Rd Knotts Island,NC,27950 Jun 5,2025 Dottie Brown 3181 Old Carolina Road Virginia Beach,Virginia,23457 Jun 5,2025 Michael Coyle 1744 Lapstone Ct Virginia Bch,VA,23453 Jun S,2025 Wes Cox 816 Avant Ct.Virginia Beach,VA,23454 Jun 5,2025 Tabitha Holtzapple 2025 Camden Ct Virginia Bch,VA,23457 Jun 5,2025 Miranda Reffi 1713 hickey road Yoakum,TX,77995 Jun 5,2025 Stephanie Beers 1888 finsbury lane Virginia Bch,VA,23454 Jun S,2025 Shaun Kistler 5125 Morris Neck Rd Virginia Bch,VA,23457 Jun 5,2025 Greg Bell 1116 Volvo Pkwy,Suite 109 Chesapeake,VA,23320 Jun 5,2025 Kevin Newton 3524 Indian Creek Road Virginia Beach,Va,23457 Jun 5,2025 Andrew Whalen 4025 Edinburgh Ct Suffolk,VA,23434 Jun 5,2025 Alexis Moores 545 Etheridge Road Chesapeake,VA,23322 Jun 5,2025 John Porter 2821 CEDARVILLE RD CHESAPEAKE,VA,23322 Jun 5,2025 Mathew Ramirez 3933 Terrywood Dr Virginia Beach,Virginia,23456 Jun 5,2025 Sara Simpson 293 knotts island rd Knotts island,Nc,27950 Jun 5,2025 Parker Newton 3524 Indian Creek Road Virginia Beach,VA,23457 Jun 5,2025 Jeffrey rowland 22526 mansion cross lane va beach,va,23456 Jun 5,2025 Tanna Bennett 20 Mill Run Road Corapeake,NC,27926 Jun 5,2025 Nic Ceniceros 837 Winwood Dr Virginia Bch,VA,23451 Jun 5,2025 Chris Parker 1505 back bay landing rd Virginia Beach,Virginia,23457 Jun 5,2025 Wes Feller 1585 sword Dancer dr Virginia beach,Va,23454 Jun 5,2025 Coleby Bishop 134 east gibbs rd Knotts island,Nc,27950 Jun 5,2025 Rhyan Irvin 2557 Allie Nicole Circle Virginia Beach,VA,23456 Jun 5,2025 Ryan Knowles 2528 Magnolia Green Loop Virginia Beach,VA,23456 Jun 5,2025 Dylan Taylor 820 N Haven Cir Chesapeake,VA,23322 Jun 5,2025 Jamie Pilkington 6079 Blackwater Rd Virginia beach,Va,23457 Jun 5,2025 Jared Bastian 169 west Gibbs rd Knotts island,Nc,27950 Jun 5,2025 Gabriel Sigmon 921 Hollywood dr Chesapeake,Virginia,23320 Jun 5,2025 Brittney Smith 137 Long Pine Rd South Mills,NC,27976 Jun 5,2025 Thomas Schweitzer 4613 Carriage Drive Virginia Beach,VA,23462 Jun 5,2025 Jonathan mclin 231 overland rd virginia beach,VA,23462 Jun 5,2025 Jeffrey Harris 1455 Kemp Bridge Drive CHESAPEAKE,Virginia,23320 Jun 5,2025 Jessica Wiggins 3345 Old Carolina Rd Virginia Bch,VA,23457 Jun 5,2025 Jordan Thomas 1304 dockside court Virginia Beach,Virginia,23453 Jun 5,2025 Jacob Shockley 2465 Dunbarton Dr Chesapeake,Va,23325 Jun 5,2025 Marie-Claire Abatte 423 Heartfield Drive Chesapeake,VA,23322 Jun 5,2025 Owen King 9254 Peachtree St Norfolk,VA,23503 Jun 5,2025 Jamie Reyome 4185 CHARITY NECK RD Virginia Beach,VA,23457 Jun 5,2025 Jason Hoggard 3964 Charity Neck Rd Va Beach,VA,23457 Jun 5,2025 Robert Davis 1708 Centerville Tpke S Chesapeake,VA,23322 Jun 5 2025 Valerie Pardun 318 old swamp road South mills, North carolina,27976 Jun 5,2025 Kyle Pinner 137 Phillips landing Rd Hertford,Nc,27944 Jun 5,2025 Gavin Boyette 245 Greenwood Lane Virginia Beach,VA,23452 Jun 5,2025 Jon-Paul Abatte 423 Heartfield Dr Chesapeake,VA,23322 Jun 5,2025 David Doxey 215 Pungo Circle Moyock,North Carolina,27958 Jun 5,2025 Chris Buck 2253 mansion crossln Virginia beach,Va,23456 Jun 5,2025 Jenah Porter 2821 Cedarville Rd CHESAPEAKE,VA,23322 Jun 5,2025 Tyler Barnes 48 desert road Corapeake,North carolina,27926 Jun 5,2025 Kenneth Newton 2524 North Landing Road Virginia Beach,VA,23456 Jun 5,2025 Cole Duval 2025 Camden Ct Virginia Bch,VA,23457 Jun 5,2025 Sherrie Pilkington 3153 Old Carolina Rd.Virginia Beach,VA,23457 Jun 5,2025 Sarah Chaplain 2205 Mansion cross lane Virginia Beach,VA,23456 Jun 5,2025 Danielle Collins 288 W Gibbs Rd Knotts Island,NC,27950 Jun 5,2025 David Topping 1412 Windsor Rd Chesapeake,VA,23322 Jun 5,2025 Ashley Mccombs 177 Green View Rd Moyock,NC,27958 Jun 5,2025 Kyle Grygotis 4482 Nanneys Creek Ct Va Beach,Va,23457 Jun 5,2025 Gabrielle Shields 1781 Indian River Rd Virginia Beach,VA,23456 Jun 5,2025 Michael Martin 4046 Devon Dr Chesapeake,VA,23321 Jun 5,2025 Banks Hovey 242 brookleaf dr Dunn,Nc,28334 Jun 5,2025 Brittany Moore 4016 Vaughan Town Ct Virginia Beach,VA,23457 Jun 5,2025 Matthew Mahanor 1785 drylie lane Virginia Beach,Virginia,23464 Jun 5,2025 Ashley Hatchell 3273 Old Carolina Rd Virginia Beach,VA,23457 Jun 5,2025 Fred Montgomery 1472 Mill Landing Rd VIRGINIA BCH,VA,23457 Jun 5,2025 Katelyn Bernard 301 Princess Anne Rd Virginia Bch,VA,23457 Jun 5,2025 Charlene Barnes 24 Emily St Gates,NC,27937 Jun 5,2025 Crystal Sahr 1308 Warner Hall Dr Virginia Beach,VA,23454 Jun 5,2025 Cody Chaplain 4021 Charity Neck Road Virginia Beach,VA,23457 Jun 5,2025 Robet Thomas 1110 Eaglewood Dr Virginia Bch,VA,23454 Jun 5,2025 Brittaney Kovacs 3360 Hungarian Rd Virginia Bch,VA,23457 Jun 5,2025 Morgan Vann 3273 hungarian rd Virginia beach,VA,23457 Jun 5,2025 Alexia Galvez 4845 Stone Rd Virginia Beach,VA,23457 Jun 5,2025 Josh Ambrose 964 Redwood Circle Virginia Beach,VA,23464 Jun 5,2025 Mark Shockley 2465 Dunbarton Drive Chesapeake,VA,23325 Jun 5,2025 Nick Mcghee 1000 Ricochet Ct Elizabeth City,NC,27909 Jun 5,2025 kyle fett 4416 Muddy Creek Rd Virginia Beach,VA,23457 Jun 5,2025 Chloe Coyle 925 Wintercress Way,Apt 443 Chesapeake,VA,23320 Jun 5,2025 Zachary Reyome 2360 Nettleford Way Virginia Beach,VA,23453 Jun 5,2025 Carolyn Halstead 5476 Morris Neck Rd Virginia Beach,VA,23457 Jun 5,2025 Kevin Stewart 1259 w37th st Norfolk,VA,23508 Jun 5,2025 Kendal Moores 545 Etheridge rd Chesapeake,Va,23322 Jun 5,2025 Tiffany Froman 117 Williams Drive Knotts Island,NC,27950 Jun 5,2025 Cory Louk 1573 Nanneys Creek Road Va.Beach,Va.,23457 Jun 5,2025 Jeffrey Nelson 501 Newport Loop Rd.Newport,NC,28570 Jun 5,2025 Ashley Bonney 904 Stoneleigh Rd Chesapeake,VA,23322 Jun 5,2025 Jessica Dieffenbach 2441 Baum Rd Chesapeake,VA,23322 Jun 5,2025 Ryan Thibodeau 126 Seahawk West Duck,NC,27949 Jun 5,2025 Taylor Mobley 6365 Everets Rd Suffolk,VA,23434 Jun 5,2025 Wes Suter 303 E Ridge Rd Shawboro,NC,27973 Jun 5,2025 Crystal White 3637 Sandpiper rd Virginia Beach,VA,23456 Jun 5,2025 Zach Grasman 1872 Kensal Green Dr Virginia Bch,VA,23456 Jun 5,2025 CJ Bennett 20 Mill Run rd Corapeake, NC,27926 Jun 5,2025 Ross Ward 2036 Grandon Loop Rd Virginia Beach,VA,23456 Jun 5,2025 Lauren Taylor 1549 N Muddy Creek Rd Virginia Beach,Virginia,23456 Jun 5,2025 Brian Bouma 2928 Estates Drive Virginia Beach,Virginia,23454 Jun 5,2025 KELSEY NEWTON 2524 N Landing Rd Virginia Beach,VA,23456 Jun 5,2025 Mary Pilkington 6079 Blackwater Rd Virginia Beach,Virginia,23457 Jun 5,2025 Brooke Barnett 5900 Fitztown Road Va Beach,VA,23457 Jun 5,2025 Chay Duffy 4221 Muddy Creek Rd Virginia Bch,VA,23457 Jun 5,2025 Brandon Windham 161 back canal dr Kelly,Nc,28448 Jun 5,2025 Joshua Wiggins 3345 Old Carolina Rd Virginia Bch,VA,23457 Jun 5,2025 Colleen Kirste 11185 Whitehead Road Branchville,VA,23828 Jun 5,2025 Erin Tucker 200 rowland st Narrows,Va,24124 Jun 5,2025 Alex Smith 137 LONG PINE RD SOUTH MILLS,NC,27976 Jun 5,2025 Michael Keesee 908,Pecan Point Ct Chesapeake,VA,23320 Jun 5,2025 Charity Zellmer 1948 Clifton Road Virginia Beach,VA,23457 Jun 5,2025 Michael Schaeffer 22402 Sundown Dr Carrollton,VA,23314 Jun 5,2025 Kathryn Jelich 319 Puddin Ridge Rd Moyock,NC,27958 Jun 5,2025 John Capewell 625 Planters Ct Virginia Bch,VA,23457 Jun 5,2025 Skylar Richardson 1885 Tolstoy Dr Virginia Bch,VA,23454 ,Jun 5,2025 Carrie Buck 5848 Blackwater Rd Virginia Bch,VA,23457 Jun 5,2025 Mike Dula 2469 Lourdes Ct Va beach,Va,23456 Jun 5,2025 Cheryl Tucker 2276 wessington dr Va.Beach,61,23454 Jun 5,2025 Katy Rountree 584 Princess Anne Road Virginia Beach,VA,23457 Jun 5,2025 Bruce McNutt 1665 Nanneys Creek Rd Virginia Beach,Virginia,23457 Jun 5,2025 William Roberson 601 Calumet St Chesapeake,VA,23322 Jun 5,2025 Bailey Fett 4416 Muddy Creek Rd Virginia Beach,VA,23457 Jun 5,2025 Adam Keating 724 Charles St Chesapeake,VA,23320 Jun 5,2025 Nick Davis 5348 Blackwater Rd Virginia Beach,VA,23457 Jun 5,2025 Ashley Anderson 127 W Gibbs Rd Knotts Island,NC,27950 Jun 5,2025 Amy Scott 3489 Old Carolina Rd Virginia Bch,VA,23457 Jun 5,2025 Cody Wilson 560 butterfly drive Chesapeake,Va,23322 Jun 5,2025 Christel Hale 2200 Wolfsnare Rd VIRGINIA BCH,VA,23454 Jun 5,2025 Colter Chambers 510 S Mills Road Moyock,NC,27958 Jun 5,2025 Abby Wright 15384 Palm Cemetery Road Rushville,IL,62681 Jun 5,2025 Amanda Sawyer 5840 Blackwater road Virginia beach,Va,23457 Jun 5,2025 Nicole Lewis 5403 Woodvine Dr Mc Leansville,NC,27301 Jun 5,2025 Lauren Girdler 972 Virginia Beach,VA,23457 Jun 5,2025 brian Jones 114 Warren St#0 Suffolk,VA,23434 Jun 5,2025 Melanie Davis 5348 BLACKWATER RD VIRGINIA BEACH,VA,23457 Jun 5,2025 Jared Rectenbaugh 1116 Virginia Ave Chesapeake,VA,23324 Jun 5,2025 Hunter Higgerson 408 Head Of River Rd Chesapeake,VA,23322 Support Petition Saturday,June 7, 2025 Please sign to support youth moto training at Wild Acres Farm. Full Name Alexis Fox Email Address Iex.delacruz10@gmail.com Address 21761 Brandy Pond Rd Capron,Va, 23829 Signature Comments or Additional Information As someone who grew up in this sport&having travel over a hour just to practice this would be wonderful for our community!As well as introducing more kids to this awesome sport! Friday,June 6, 2025 a Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Adam Morgan Email Address adam.morgan7@gmail.com Address 2948 Lynnhaven Dr Virginia beach,VA, 23451 Signature Friday, June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Amanda Rudman Email Address a.rudman20@gmaii.com Address 103 S Gumberry Trace Moyock, NC, 27958 Signature 0 Saturday,June 7, 2025 Support Petition g n Please sign to support youth moto training at Wild Acres Farm. Full Name Ashley Harper Email Address amh0116@gmail.com Address 621 De Laura Cir Virginia Bch,VA,23455 Signature Sunday,June 8, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Ashley Parker Email Address ashleyrebecka@yahoo.com Address 1505 Back Bay Landing Road Virginia Beach,VA,23457 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name AVERY Tuell Email Address avery.tuell@gmail.com Address 295 Bendix Road Virginia Beach,VA,23452 Signature 0nSunday,June 8, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Bethany Ennis Email Address bethanyjoyner757@gmail.com Address 216 marion dr Chesapeake,VA,23322 Signature Friday,June 6, 2025 r Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Bobby Whitehouse Email Address bobby_whitehouse@me.com Address 50 Westmoreland Dr. Hampton,VA, 23669 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Brent Gann Email Address gannb85@yahoo.com Address 2424 Seven Eleven Rd. Chesapeake.,VA,23322 Signature Lam` Friday,June 6, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Brittany Brow Email Address brittanymbrow@gmail.com Address 2628 Smithson Drive Chesapeake,Virginia,23322 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Candice Chaplain Email Address candice.tiIlett@facebook.com Address 4021 Charity Neck Road Virginia Beach,VA,23457 Signature r jr Comments or Additional Information We definitely need youth training in our area. Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Caroline Wolf Email Address carolinewolf1030@gmail.com Address 605 Runnymede Ct. Virginia Beach,Va,23452 Signature Friday,June 6, 2025 Support Petition_ : n Please sign to support youth moto training at Wild Acres Farm. Full Name Carri Delaney Email Address cpobo7@yahoo.com Address 2921 Sour Gum Court Virginia Beach,VA,23453 Signature j4pPry Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Casey Humphreys Email Address caseymx418@gmail.com Address 1629 Virginia Beach Blvd Virginia beach,Va,23454 Signature Comments or Additional Information Make motocross great again. Saturday,June 7, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Chad Cundiff Email Address ccundiff42@gmail.com Address 16359 Field of Dreams Rd Smithfield,VA,23430 Signature Friday,June 6, 2025 Support Petition 0 Please sign to support youth moto training at Wild Acres Farm. Full Name Cory Broyles Email Address corybroyles96@gmail.com Address 406 Everett Dr Elizabeth Cty, NC,27909 Signature Saturday,June 7, 2025 a Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name daniel dailey Email Address paintingdailey@hotmail.com Address 2552 Pruden Blvd Suffolk,VA, 23434 Signature Sunday, June 8, 2025 AML z Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Datlene Pinner Email Address dbpinner@yahoo.com Address 5604 Elgin Rd Virginia Beach,VA,23464 Signature Friday,June 6, 2.025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Donna Lewis Email Address donnajane20l7@gmail.com Address 2017 Pungo Rodge ct Virginia Beach,Birginia,23457 Signature Sunday,June 8, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Donna Rish Email Address countrygirl2652@yahoo.com Address 305 Renaissance Cir Apt C Elizabeth Cty, NC,27909 Signature Comments or Additional Information Supporting for my great grandson, Friday,June 6, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Doris Moore Email Address brsbby@yahoo.com Address 1241 captain Adams Court Virginia Beach,VA,23455 Signature 1 Sunday,June 8, 2025 Support Petition 0 Please sign to support youth moto training at Wild Acres Farm. Full Name Eleanor Branch Email Address ellybeann00@gmail.com Address 66 Canistes Trl Bracey,VA,23919 Signature Friday, June 6, 2025 ' Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Emily Hudzik Email Address ewade7@yahoo.com Address 3528 Baum Road Virginia Beach,VA,23457 Signature Saturday,June 7, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Eric Hytinen Email Address stax14@gmail.com Address 24103 BOWS AND ARROWS RD Zuni,VA,23898 Signature Friday,June 6,2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Ethan Stanford Email Address estanford903@gmaii.com Address 937 Princess Anne Rd Virginia Beach,VA,23457 Signature -J Sunday, June 8, 2025 T Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Hunter Ferguson Email Address hferguson757@gmail.com Address 1005 Ricochet Ct Elizabeth City, NC,27909 Signature 0-1- Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name James Reagan Email Address jreagan@vbgov.com Address 5841 Fitztown Rd Virginia Beach,VA,23457 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. 7 . Full Name Jeffrey Rooney Email Address 00lude@cox.net Address 2144 N Stowe Rd Virginia Beach,Virginia,23457 Signature Friday,June 6, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Jeffrey Wolf Email Address jeffwolf381@gmaii.com Address 130 N Point Blvd Moyock, NC, 27958 Signature Friday,June 6, 2025 '_ Support Petition 1w, Please sign to support youth moto training at Wild Acres Farm. Full Name JILL BLANK Email Address jillsells757@gmail.com Address 548 Margaret Dr Chesapeake,VA, 23322 Signature ? �� Sunday,June 8, 2025 Support Petition IN.-Ow� Please sign to support youth moto training at Wild Acres Farm. Full Name Jodee Coyle Email Address jcoyle912@gmail.com Address 690 Main Street Vintondale,PA,15961 Signature Sunday,June 8, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Joe Coyle Email Address jcoyle300@gmail.com Address 690 Main St Vintondale,PA, 15961 Signature ' Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name John Pollard Email Address jpollard62@yahoo.com Address 216 WILDWOOD DR Moyock,NC,27958-8693 Signature Friday, June 6, 2025 r Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Josh Mccrary Email Address jmccrary8@gmail.com Address 114 rosedale dr. Moyock,NC,27958 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Justin Norris Email Address justinnorris314@gmail.com Address 6203 Springhill Way Suffolk,VA,23435 Signature /� Saturday,June 7,2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name KAITLYN JOHNSON Email Address kaitlynaj@gmail.com Address 101 Patriots Rdg Carrollton,VA,23314 Signature /f Friday,June 6, 2.025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Kathleen Deryder Email Address kathideryder@gmail.com Address 127 Sarazen Ct Newport News,VA,23602 Signature Saturday, June 7, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Kathryn Banks Email Address katbanks1019@gmail.com Address 1237 Ramsey Rd Elizabeth Cty, NC,27909 Signature w-Z Friday,June 6,2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Kelly Townsend Email Address kelleg87@gmail.com Address 2124 Golfwatch Ln Virginia Bch,VA,23456 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Kendall Shuffler Email Address jacknvb@yahoo.com Address 100 Clifton Street Moyock,NC,27958 Signature Friday,June 6, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Kiel Fermil Email Address kmil448@icloud.com Address 4608 curtiss drive Virginia beach,Va,23455 Signature Sunday,June 8, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Kim Thieman Email Address kim@mdmseptic.com Address 1400 Campbells Landing Rd Virginia Bch,VA,23457 Signature Friday, June 6, 2025_ Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Lindsey Thompson Email Address Iindseyloo7389@yahoo.com Address 486 PINEY BRANCH CT,APT 202 VIRGINIA BCH,VA,23451 Signature Sunday,June 8, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Lisa Coyle Email Address mamacoyle@aol.com Address 1744 Lapstone Court Virginia Beach,VA,23453 Signature Saturday,June 7, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Lori Robinson Email Address rllrobins@cox.net Address 1000 Princess Anne Road Virginia beach,Va,23457 Signature a V Friday,June 6, 2025 a Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Madison Barnes Email Address madie.barnes@icloud.com Address 129 Edna St apt D Chesapeake,VA,23322 Signature Saturday,June 7, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Madison Rountree Email Address madi.love1l @yahoo.com Address 9830 South quay rd Suffolk,VA,23437 Signature Support Petition Saturday, June 7, 2025 Please sign to support youth moto training at Wild Acres Farm. Full Name Madison Smith Email Address mad isonevans757@yahoo.com Address 1409 Petrell Court Virginia Beach,VA,23454 Signature Support Petition Friday,June 6, 2025 Please sign to support youth moto training at Wild Acres Farm. Full Name Mason Harper Email Address harperpaul2505@outlook.com Address 16541 bowling green rd Smithfield,Virginia,23430 Signature Friday,June 6, 2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Matthew Pilkington Email Address pilkmatt@gmail.com Address 2836 River Bend PI Celina,TX,75009 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. IRa Full Name Meredith Ryan Email Address mereditharyan@aol.com Address 33 Pasture Rd Poquoson,VA,23662 Signature Friday,June 6, 2025 7_ Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Michael Dieffenbach Email Address mdieffenbach@me.com Address 2441 Baum Rd Chesapeake,VA,23322 Signature Comments or Additional Information This riding venue is much needed in the area and would be a huge asset for the community. Friday,June 6, 2025 7 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Nicole Topping Email Address lilshipp7@cox.net Address 1412 Windsor Road Chesapeake,VA,23322 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Paul Ceballo Email Address p.cebailo.pc@gmail.com Address 952 NUGENT DR Chesapeake,VA, 23322 Signature Saturday,June 7, 2025 lopSupport Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Richard Butts Email Address 113kyl@gmail.com Address 2869 lambert trail Chesapeake,VA, 23323 Signature * UL Sunday, June 8, 2025 7 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Richard Scott Mobley Email Address mobley1 rchard@yahoo.com Address 6365 Everets Rd Suffolk,VA,23434 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Robbin Williams Email Address auto2rv@cox.net Address 308 Luid Drive Chesapeake,Virginia,23322 Signature Sunday,June 8,2025 0 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Rocky Roberts Email Address rockyroberts80@yahoo.com Address 1308 warner hall dr Virginia beach,Va, 23454 Signature I Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Ryan Smith Email Address ryanmerrittl2@gmail.com Address 400 waters road Chesapeake,Virginia,23322 Signature Saturday,June 7, 2025 �_ Support Petition 4"wr Please sign to support youth moto training at Wild Acres Farm. Full Name Samantha Ballance Email Address samantha.kleintank@gmail.com Address 1345 SCHOOL HOUSE RD Elizabeth Cty, NC,27909 Signature V Friday,June 6, 2025 Support Petition IF Please sign to support youth moto training at Wild Acres Farm. Full Name Sean Vanhorn Email Address vanhorn_sean@yahoo.com Address 1840 Oyster Bay Ln Suffolk,VA, 23436 Signature Friday, June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Shelly Snyder Email Address selectric0@aol.com Address 807 William Avenue Westminster, MD,21157 Signature 54F Friday, June 6, 2025 Support Petition IW, Please sign to support youth moto training at Wild Acres Farm. Full Name Taryn McNutt Email Address mcnutttl925@gmail.com Address 1665 Nanneys Creek Rd Virginia Beach,VA,23457 Signature Comments or Additional Information Many individuals when they think of dirt bikes think of danger,fear,and more recently this issues that Norfolk and Virginia Beach face with city street riders. Those of us who love moto think of family, community,and look fondly upon the memories we have made. Somer&Mark are the most salt of the earth people. It is their dream to bring moto to the youth surrounding the beach.To give those kids a place to ride and feel the joy that comes from being on a bike in the safest,most supportive environment they can provide. Because motocross is more than about winning-it's the ability to push yourself, believe in yourself,and lift up those around you. Something we can all use some character building in. Thank you for your time and consideration, let's bring dirtbikes to the beach! Taryn McNutt Saturday,June 7, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Treu Ward Email Address tdawg4420@yahoo.com Address 357 Oxford Rd Moyock,NC,27958 Signature Friday,June 6, 2025 Support Petition Please sign to support youth moto training at Wild Acres Farm. Full Name Wilson Yarbrough Email Address wilson.t.yarbrough@gmail.com Address 4201 Old Nottingham Rd Quinton,VA, 23141 Signature ' From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Wild Acres Date: Friday,September 5,2025 7:59:03 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message --------- From: Michael Schaeffer<michael.sa( nccobramoto.com> Date: Thu, Sep 4, 2025 at 10:17 PM Subject: Re: Wild Acres To: somerandmark i gmad.com <somerandmark rr,gmail.com> Dear Members of the Planning Commission, We, the Schaeffer Family, are writing to express our strong support for the Conditional Use Permit application submitted by the owners of Wild Acres to establish youth training camps for young motocross riders at their farm. As longtime residents of the area and enthusiasts of family-oriented outdoor activities, we believe this initiative will fill a critical gap in our community and bring numerous benefits to local families and the economy. In our region, there are virtually no dedicated riding facilities, particularly those tailored to youth riders on 50cc bikes. Young children passionate about motocross, like many in our community, currently have limited opportunities to practice safely and develop their skills outside of race days. This is akin to young baseball players only competing in games without any practice sessions, which hinders their growth and safety. Wild Acres aims to change this by offering small-group training with one-on-one coaching, emphasizing safety and proper riding techniques from the start. We applaud this mission, as it will provide a nurturing environment for kids to pursue their dreams responsibly. These young riders are truly built different, they exhibit remarkable dedication, discipline, and resilience at such tender ages. Traveling across the country for competitions, as families like the one behind Wild Acres have done, instills values of perseverance and teamwork. By supporting Wild Acres, the commission would empower more children to channel their energy positively through structured training, fostering a new generation of skilled and safe riders. Beyond the personal development benefits, approving this permit would have a significant positive financial impact on our surrounding area. Youth motocross is part of a booming industry that generates substantial economic activity. The broader motorsports sector contributes over $69.2 billion annually to the U.S. economy, creatingjobs and stimulating local businesses. Specifically, the dirt bike market, driven by young riders and enthusiasts, is projected to grow to $3.14 billion in North America by 2030. Events and facilities like Wild Acres attract families from afar, leading to increased spending on lodging, dining, and local services much like how motocross tourism boosts vacation dollars and even encourages professionals to invest in the area. In similar communities, such as Grady County, motocross has created over 50 jobs and generated more than $260,000 in state and local tax revenue. By hosting training camps, Wild Acres would draw visiting families, injecting money into our local economy through tourism and related expenditures, while also supporting jobs in manufacturing, retail, and services tied to the sport. We urge the Planning Commission to approve this Conditional Use Permit, recognizing the invaluable opportunity it presents for youth development and economic growth in our area. If you require any additional information or wish to discuss our support further, please do not hesitate to contact us at 757-968-3452. Sincerely, The Schaeffer Family 22402 Sundown Dr. Carrollton, Va 23314 757-968-3452 Michael.S(c3)nccobramoto.com Get Outlook for iOS From: Somer Brown To: Madison Byrd Harris Eichholz Subject: Fwd:Ride Wild Acres Date: Thursday,September 4,2025 4:50:40 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----------Forwarded message --------- From: Sherrie Pilkington<sherrie ip lk(c gmail.com> Date: Thu, Sep 4, 2025 at 4:44 PM Subject: Ride Wild Acres To: <somerandmarkQgmail_com> To Whom It May Concern - I'm sending this letter in support of Ride Wild Acres because my family spent many years enjoying the benefits that motocross provided my sons. Our family started young. My oldest was 5 when he started racing and it was hard to find boots and equipment that were sized for such little guys. My youngest son began racing at 5 years old too and he benefited from the hand me downs. Our family weekends included a road trip to the various races across the country for the majority of local, regional and national titles. We spent quality family time together and would wrap family vacations in with racing as well as take advantage of getting to know the places that were in close proximity to racing tracks. While some may say that's an expensive sport the value we received in return far surpasses a dollar amount. Supercross, motocross and arenacross kept our family close, allowing my husband to speak into the lives of his sons and train them for victory, not only in the dirt but he knew what he was teaching them on the track would translate to the challenges of life. Everything my sons learned in the dirt they have been able to apply to everyday living. Things like a strong work ethic that continues to reap rewards to this day, perseverance, hard work, focus, dedication, staying humble when you're on top and learning to lose with grace, read the rider (people's intentions), read the track (room) and if necessary, recalculate all while power shifting (never taking your eyes off the goal). I have never seen my sons back down from a challenge even at a young age. They lean in, do the homework and execute the plan. We have had the opportunity to travel this nation, meet amazing people, learn the motocross industry, create lifetime friendships, celebrate, pray and grieve with other family. People outside of the motocross world may scratch their heads but those inside the mx world speak the same language. One of the biggest rewards for this momma's heart is watching God show up in ways and places that there was no other earthly explanation for. While we've had our injuries and ER visits that required time off the bike to recover, our family has never had an overnight stay in the hospital. And for the families who have had the experiences of hospital stays or worse, I'm not saying God doesn't care, I'll be the first to say that no one understands God's sovereign plan. I'm simply giving my testimony that I've seen God's hand pass between my sons and an injury that would required an overnight stay or worse. Over the years I've had many conversations with people who feel this sport is too risky, too dangerous. I don't know what the statistics are today but when my sons were riding, way more children were annually killed and/or have their life severely altered when riding bicycles; and while many more kids ride bicycles vs motorcycles, I don't think it's fair to say one is more tragic than the other. For us, the alternative was to let our sons sit on a sofa watching TV (today it's a tablet) and for me and my family, that's not the life we wanted to give our sons. This is not a white knuckle, hang on see how it turns out, type of sport. There are safety measures in place and those who are serious about this sport adhere to those guidelines. Those who participate in this sport know the risks and they do everything possible to make sure their children are protected and they have the best protection money can buy. This is why Ride Wild Acres will be a huge benefit for riders of all ages. The education they'll receive will increase safety both on and off the track. Not only will they grow to understand the rules while racing, they'll gain an understanding of how to maneuver through the pits... young and old alike. Any opportunity to gain safety is priceless so the seat time with riding instruction, is yet another facet of making this particular sport as enjoyable as possible. Having a facility and people like Mark and Somer who care about the riders and equipping them for success is a win for everyone involved. To me, the goal for any sport is to make it as enjoyable and safe as possible. I believe everyone would agree that having the opportunities that Ride Wild Acres will provide contributes to that goal. As a mom, not only have I been give a reward of watching my sons get up when they fall, over the years I've continually watched them overcome ever changing obstacles, handle victories with shared celebration, as well as watching them congratulate winners when they themselves gave it everything they had and still came up short. In short, the character that I see displayed in my son's lives today, was honed and crafted in the dirt. I don't regret those days for one moment. It was an investment that was well worth every nail biting, faith growing, precious family moment we experienced, endured and grew through together. I'm in support of the work and goals that Mark and Somer are offering at Ride Wild Acres Sherrie Pilkington MW A. as , AL AI NPI °. ...III u � _ �r +x e �v r� Y ` - o .A r w ^ � t err .. y t + g{ a � w e� � aM � J a ;g •^ s } � 1 s • w r ,.,gip. .. f i ai M iU, wen • _,. �� � .; - � k�� 4t •`��.Asa.- . -. =� ,,, DA r d T _.LOR LYNN x ' g rr e Hlu mar-^ y'�� �a ��� - •ram C i 6r'. ,� ..✓. l O�. `7 fid Aw r / ` r 1 e 1 j` Z"ft . . . _ r � Y-7 dO-�o S-25) -vnU4,vo cry 5?1?lyU ,10 v .sue : f,,� � �N ✓S o .s �7.uryp --� z� � S w eac SsZ c ur�yRa�ta `� oL �>-�c,�s-,•vyt 1' off' � �t '?�2d�t..�-ate ' /0 a-Z _ AlY 6C 6,,dle /-� az. CF- From: Zachary Beck To: Madison Byrd Harris Eichholz;Barbara Henley Subject: Conditional Use Permit for 5917 Blackwater Rd Date: Tuesday,August 5,2025 9:15:35 AM Attachments: 6DCB4Bi 1-7C46-44AF-A046-862C2FE4CF90.ona CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, I am writing to express my opposition to the proposed dirt bike training facility or any other CUP application at this address that proposes such a facility. The current track for personal use generates substantial noise and is a disruption to the rural lifestyle. Below is a picture that was taken on Monday, August 5th showing the amount of use the current track has on any given weekday. 'aT ' The construction and operation of a potential commercial dirt bike training facility raises environmental concerns, such as dust, erosion, and potential impact on water resources. It is my understanding that the AG2 zoning associated with our three lots was designed to maintain the rural character of the area and encourage agricultural practices. Respectfully, Zachary Beck 5941 Blackwater Rd, Virginia Beach, VA 23457 757-334-1204 From: Madison Byrd Harris Eichholz To: Marchelle L.Coleman Subject: FW:July 9th Planning Commission Hearing Opinion Date: Monday,September 15,2025 3:34:00 PM Attachments: imaae001.Lno Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 1 D:757-385-8483 mbharriseichholz(@vbgov.com I planning.virginia Leach.gov 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 yWGINIA BEACH From: Carrie Kline <oldsouthbeachllc@gmail.com> Sent: Wednesday,July 9, 2025 12:46 AM To: Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com> Subject:July 9th Planning Commission Hearing Opinion r6T10 This email originated from outside of the City of Virginia Beach. Do not click links or open attachments ess you recognize the sender and know the content is safe. Dear Ms.Eichholz and City of Virginia Beach Representatives, I am a property owner in close proximity to Wild Acres Farms VB LLC,located at 5917 Blackwater Rd. I am opposed to their request to "operate a youth dirt bike training facility"at this location. This location is closely surrounded by many very nice homes,several newly built,and peaceful farmland. The peaceful serenity of the countryside here is a main reason people live in this specific area. A youth dirt bike training facility would greatly disrupt the peaceful existence and the lives of those who live in the area, and is certain to decrease property values and saleability of the houses nearby. I am generally not opposed to dirt bikes,I had one as a kid on my family's farm. But a child occasionally riding a dirt bike on their family property is vastly different from a"dirt bike training facility." According to a Google search,"Dirt bikes,especially those modified for racing can produce sound levels around 112-120 dB. When revved can exceed 126 dB." The land along Blackwater and Indian Creek Roads is flat,there are no obstacles such as forrests or hitUmountains to absorb or reflect the sound,so the sound made by the dirt bikes can travel up to a mile or more away. For comparison,a chainsaw's sound is between 100-120 dB,and a stump grinder's sound is at 90-115 dB,but these pieces of equipment are used briefly for a day or so at a given property, not an every day noise in a community that a dirt bike training facility would make.Even smaller bikes young children would ride will emit sound of 80 to 115 dB,exceeding the City's limit for sound. I personally know and respect Mr and Mrs Brown,they are very nice people. I also applaud them for wanting to provide children with an opportunity to be active outdoors and off their cell phones/social media. I believe a parcel of land a greater distance from a residential community would be more appropriate for a dirt bike training facility. I plan to build anew home on the residential lot I own at 2888 Indian Creek Road,but an adjacent dirt bike training facility wold prohibit my ability to do that,creating a significant financial toss to ME). Respectfully, Carrie Kline (757)-807-8318 XAG2 X 20 . GF AG2 ® Site N l� zoning Michael Bacle W r 0 Property Polygons Parcel directly southeast of S 1625 Indian River Road Feet 0 40 80 160 240 320 Map created by Planning Department on 9/16/2025 u � C04 S 4Z; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL BACLE [Applicant] MICHAEL D. & SUSAN L. BACLE [Property Owners] Conditional Use Permit (Firewood Preparation Facility) for the Parcel directly southeast of 1625 Indian River Road (GPIN 2413506321). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Firewood Preparation Facility. The applicant plans to donate firewood to local groups and use the firewood for personal use. The proposed hours of operation are 7:00 a.m. to 8:00 p.m., Monday through Sunday. A Notice of Violation was issued in January 2025 for the operation of a Firewood Preparation Facility without a Conditional Use Permit, which led to the subject application being filed. ■ Considerations: The request for a Conditional Use Permit for a Firewood Preparation Facility is limited in scope and is in keeping with the development pattern of the surrounding area. The site falls within the Rural Area of the Comprehensive Plan which calls for non-residential uses to be complementary to the character of the surrounding area. The proposed use is viewed as an interim use, as such a one-year time limit to remove all the existing cut trees and limbs and replant the site has been proposed. A condition was added by the Planning Commission to prohibit off-site material being brought to the site for processing. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this request, as modified, on the Consent Agenda by a vote of 10 to 0. 1. This Conditional Use Permit shall expire after one (1) year from the date of City Council action. To continue the use of the Firewood Preparation Facility after such expiration, a new Conditional Use Permit shall be obtained. Michael Bacle Page 2 of 2 2. After the expiration of the Conditional Use Permit, the applicant shall restore the site to its original forested state. 3. Hours of operation will be from 7.00 a.m. to 8:00 p.m., Monday through Sunday. 4. Retail sales of firewood, mulch, and farm products shall be prohibited. 5. The use of industrial vehicles to include flatbeds and tractor trailers in conjunction with the Firewood Preparation Facility shall be prohibited. 6. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. 7. The Fire Department shall be provided access at all times to any structure or firewood piles located on the property to conduct inspections to ensure the firewood is being stored and processed in a manner that reduces the potential for spontaneous generation of fires. 8. Outside storage of combustible materials shall not be located within 10 feet of a lot line. 9. No off-site materials shall be brought to the site to be processed into firewood. ■ 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:/10 Agrenda • Applicant: Property Owner: Michael D. and Susan L. Bacle Planning Commission • SepteCity mber Project Details Request Conditional Use Permit (Firewood Preparation Facility) Staff Recommendation Approval ,NDf'°N Rive'R-RD Staff Planner Alexis Bailey Location Property directly southeast of 1625 Indian River Road GPIN 2413506321 Site Size 127,721 square feet f AICUZ Less than 65 dB DNL Wa tershed ''�' Southern Rivers Existing Land Use and Zoning District Wooded lot/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling/AG-2 Agricultural South Single-family dwelling/AG-2 Agricultural East Indian River Road Cultivated field/AG-2 Agricultural We>t Single-family dwelling/AG-1 Agricultural/AG-2 Agricultural Michael Bacee Agenda Item 16 page 1 of 13 Background of Proposal • The applicant is requesting a Conditional Use Permit for a Firewood Preparation Facility on this approximately 127,721 square-foot AG-2 Agricultural zoned parcel. • On January 24, 2025, a Notice of Violation was issued for the operation of a Firewood Preparation Facility without a Conditional Use Permit, which led to the subject application being filed. • The applicant does not propose to sell firewood on-site but instead plans to donate the firewood to groups such as military families, church organizations, and the Boy Scouts, in addition to using the firewood for his own personal use. • The proposed Firewood Preparation Facility will be a limited, temporary operation lasting no more than one (1) year, during which existing cut trees and limbs will be processed into firewood and removed from the site, as outlined in recommended Condition 1. Following this period, the applicant intends to replant the cleared areas of the site and restore the site to a forested state, as outlined in recommended Condition 2. • The proposed hours of operation are 7:00 a.m.to 8:00 p.m., Monday through Sunday. Zoning • # Request AG2 1 SVR Approved 10/28/2003XA In AG2 > 1 1AGi /// A : r Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC. Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Michael Bacle Agenda Item 16 page 2 of 13 Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit for a Firewood Preparation Facility is acceptable. The proposed use will be limited in scope and is located within the Rural Area as designated by the Comprehensive Plan, which calls for non-residential uses to be complementary to the character of the surrounding area. The applicant views this as an interim use and as such has proposed a one (1) year time limit to remove all the existing trees and limbs in order to replant the site. Traffic Engineering has requested the applicant install a commercial entrance on the site due to the duration of the proposed use. In Staff's opinion, this use will not be detrimental or negatively impact adjacent properties. The recommended conditions are intended to ensure that the operation does not create a nuisance or negatively impact surrounding property owners. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. This Conditional Use Permit shall expire after one (1)year from the date of City Council action. To continue the use of the Firewood Preparation Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. After the expiration of the Conditional Use Permit, the applicant shall restore the site to its original forested state. 3. Hours of operation will be from 7:00 a.m. to 8:00 p.m., Monday through Sunday. 4. Retail sales of firewood, mulch, and farm products shall be prohibited. 5. The use of industrial vehicles to include flatbeds and tractor trailers in conjunction with the Firewood Preparation Facility shall be prohibited. 6. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. 7. The Fire Department shall be provided access at all times to any structure or firewood piles located on the property to conduct inspections to ensure the firewood is being stored and processed in a manner that reduces the potential for spontaneous generation of fires. 8. Outside storage of combustible materials shall not be located within 10 feet of a lot line. 9. No off-site materials shall be brought to the site to be processed into firewood. 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 Michael Bacle Agenda Item 16 page 3 of 13 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 This project falls within the Rural Area. The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. By maintaining the rural character of the area and the sustainability of the City's agriculture industry, the City is also providing a plan that will help offset impacts from issues inherent to being a coastal community: sea level rise, wind-driven flooding, and storm-related damage from hurricanes. (p. 1-121, Comp Plan Policy Document). Specifically the reference handbooks outlines the following for the rural area: Protect rural character and existing scenic views (p. B-13, Reference Handbook), Proposals for non-residential development in this area should be designed to complement the surrounding rural character in terms of size, scale, architecture and selection of materials, and They should also adhere to sound environmental principles that include energy-efficient design and effective groundwater protection. (p. B-13, Reference Handbook). ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. Portions of the property are located in the Special Flood Hazard Area (SFHA) Zone AE with a Base Flood Elevation of 3 feet. The SFHA in this portion of the City is classified as the Floodplain Subject to Special Restrictions, and any fill or land disturbance in the floodplain must be limited in area and volume and mitigated on-site. In addition, a portion of the property is located in the Southern Rivers Watershed Buffer. Michael Bacle Agenda Item 16 page 4 of 13 Traffic impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 2,900 ADTl 12,500 ADT 1(LOS 4 Existing Land Use 0 ADT „ D ) Proposed Land Use 3-20 ADT* 1 Average Daily Trips 'As defined by a 4LOS = Level of 'As defined by a firewood preparation Service wooded lot facility * There is no trip generation information available for firewood preparation. Daily vehicular trips will be based on a number of variables. Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This segment of Indian River Road is a two-lane minor arterial rural roadway. No roadway Capital Improvement Program projects are slated for this area. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Wa ter and Sewer City water and sanitary sewer is not available to the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. Michael Bacle Agenda Item 16 page 5 of 13 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. Michael Bacle Agenda Item 16 page 6 of 13 £T 10 L aSed 9L wall epuaod ape8 laeyoiw a � r t ut{it,�.i. `i;��'''it;S��itlll'•"i 1 al:f;t �f s hu in I r� � i r. a IN VI 'I .Y• at . t • � is _ ., I `e e P � e ;� � Ira e � 3 � a all y Y ! 9>x �,=m ,4i <.^.F °° Y i:: j 2n" idtp sE ea: c ! P^ Irk 4":of L, � ° ° r �: za it :� a� 5 y � � �� � f •,A�x ag x - a LILT Ai wRv imrry a onnw oe a or rtYw a' t j 4 oq fp p Site Photos It a t r r' + S y'As.' ''� '".-cc Y� � ",`�, � "�s �� r.�•��* Z�� z�� '` � ,?^ �'�.�. �'*,,4�a.�1 fir; ` I� r, 4 . Michael Bacle Agenda Item 16 page 8 of 13 Site Photos j 4 XX "wyWT Michael Bacle Agenda Item 16 page 9 of 13 •V BEACH Statement 1CITY OF Disclosure Statement ,.tip 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. APPLICANTSECTION 1: APPLICANT INFORMATION Applicant Name: as listed on application Michael Bacle Is Applicant also the Owner of the subject property? Yes@ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No@ If yes,name Representative. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo@ 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 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No •` If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity 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, O cross-collateralization,etc. Real Estate Broker/Agent/Realtor @ Disclosure Statement I rev. M a y-2024 page I of 3 Michael Bacle Agenda Item 16 page 10 of 13 Disclosure SECTION 1: APPLICANT -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent C Legal Services 1 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. Michael D. Bacle 'tr i 7.14 03/06/2025 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§1,2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): 9/16/2025 Alexis Bailey Cjgwe�v� 9/22/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Michael Bacle Agenda Item 16 page 11 of 13 IF Disclosure SECTIONPROPERTY OWNERDISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Michael D. & Susan L. Bacle Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesC)Noei 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'relationship with the applicant. (Attach list if necessary.) F_ Does the subject property have a proposed or pending purchaser? Yeso NoQ If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No 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, Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation Q Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services c) e PROPERTY OWNER 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. Michael D Bacle A' a 7_14 03/06/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Michael Bacle Agenda Item 16 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Michael Bacle Agenda Item 16 page 13 of 13 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #16 Michael Bacle Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Coston: Thank you. Next item for the consent agenda is item 16,Michael Bacle,Conditional Use Permit for firewood preparation facility. Is there a representative? Mr. Bade: Hello, Commissioners. Mr. Coston: Please state your name for the record. Mr. Bacle: Michael David Bacle. Mr. Coston: Before we move further,we have one question from one of the commissioners. Mr. Plumlee: Mr. Bacle, during our informal meeting, we'd discuss an additional condition. Would you be agreeable to place a condition that there be no offsite materials brought on site for processing as part of this permit? Mr. Bade: Yeah,that's the way I understand it. Mr. Plumlee: Okay. So that's agreeable to you. I just want to clarify that point. Mr.Bacle: Yes, I want to get that property straightened up. Yes,that's agreeable. Mr. Plumlee: Thank you. Mr. Coston: The rest of the conditions acceptable to you? Mr.Bacle: Yes. Mr. Coston: Thank you. You may be seated. Mr. Bacle: Thank you. Mr.Coston: Is there any objection to this item being placed on the consent agenda? We've asked Commissioner Plumlee to read this item into the record. Mr.Plumlee: This is property at 1625 or directly southeast of 1625 Indian River. It is owned by Michael and Susan Bacle. They're requesting a Conditional Use Permit for a firewood preparation facility. On January 24th, 2025, there was a notice of violation issued for the operation of a firewood preparation facility without a Conditional Use Permit. The applicant does not propose to sell firewood from the site,but shall be donating the material to various charitable organizations. The firewood preparation facility will be limited to temporary operation lasting no more than one year during which the existing cut trees and limbs will be processed. And because the applicant has agreed that no offsite materials will be brought on site, then that would also terminate at the end of processing the trees and materials that currently are on the site. With those conditions, Planning Commission members were agreeable to place us on the consent agenda and therefore it's appropriate to be voted on. Mr. Coston: Thank you. (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: 1, 2, 7, 11, 13, 16, 19, 20, and four records of minutes. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Motion to approve. Ms. Cuellar: Motion to approve by Commissioner Plumlee. Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Second by Commissioner Schoonover. Are there any commissioners abstaining from the consent agenda? Hearing none. The motion for approval once again is by Commissioner Plumlee, seconded by Commissioner Schoonover. Any further discussion? Mr. Plumlee: May I just say, I did abstain with regards to the minutes, which are also, but those abstentions are noted in the record. Ms. Cuellar: Correct. Thank you very much. As for the rest of the commissioners as well that are abstaining, Clerk: The vote is open. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: Second. Clerk: Vote was open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes,items 1,2,7, 11, 13, 16, 19,and 20 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 and for those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in person,but you are also free to leave. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. This Conditional Use Permit shall expire after one (1) year from the date of City Council action. To continue the use of the Firewood Preparation Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. After the expiration of the Conditional Use Permit, the applicant shall restore the site to its original forested state. 3. Hours of operation will be from 7:00 a.m. to 8:00 p.m., Monday through Sunday. 4. Retail sales of firewood, mulch, and farm products shall be prohibited. 5. The use of industrial vehicles to include flatbeds and tractor trailers in conjunction with the Firewood Preparation Facility shall be prohibited. 6. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. 7. The Fire Department shall be provided access at all times to any structure or firewood piles located on the property to conduct inspections to ensure the firewood is being stored and processed in a manner that reduces the potential for spontaneous generation of fires. 8. Outside storage of combustible materials shall not be located within 10 feet of a lot line. 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. �P PJ w O R7.5 ® Site " ® Zoning Belinda Gail Hill w r Property Polygons 709 De Laura Lane S Feet 0 5 10 20 30 40 Map created by Planning Department on 9/16/2025 i�wvdl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BELINDA GAIL HILL [Applicant & Property Owner] Conditional Use Permit (Home-based Wildlife Rehabilitation Center) for the property located at 709 De Laura Lane (GPIN 1468919330). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Center within one room of the existing single-family dwelling. Specifically, the applicant is proposing to rehabilitate infant small mammals to include Eastern Grey Squirrels, Eastern Cottontail Rabbits, Southern Flying Squirrels, and Virginia Opossums. This applicant is currently registered with the Department of Wildlife Resources (DWR) as a licensed wildlife rehabilitator The animals will be housed in incubators and cages while being cared for. Once weaned from formula, they will be transported to a secondary care center to be acclimated to outdoor caging prior to release. No wildlife is proposed to be transported to the property by the public or released on or near the property. The applicant will pick up the animals from the parent organization's facility and transport them to her home. ■ Considerations: In Staffs opinion, this request is acceptable. The limited nature of the operation aligns with the Comprehensive Plan goal to create Great Neighborhoods, as the property would continue to exist primarily as a single-family residence and maintain its single-family character. No changes to the exterior or interior home are proposed. There will be no additional traffic impact, as there will be no animals received from the public and no additional employees associated with the proposed use. In Staff's opinion, this use will not be detrimental to or negatively impact adjacent properties. The conditions ensure that the use will occur entirely within the home and remain at an appropriate intensity in the future. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Belinda Gail Hill Page 2 of 2 1. This Conditional Use Permit only permits rehabilitation of small mammals, weighing a maximum of 10 lbs. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. All wildlife shall be transported to the parent organization or other similar care facility for release or continued care. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 10 small mammals shall be housed at this property at any given time. 6. No animals shall be dropped off or picked up by the general public at this site. 7. No animals shall be dropped off between the hours of 10:00 p.m. and 7.00 a.m. 8. Animal waste shall be removed daily and disposed of in a lawful manner. 9. All animals shall be properly and humanely contained within incubators and cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning Department City Manager: AgrendaItem • Applicant & Property Owner: Belinda Gail Hill Planning Commission Public • • vs, CouncilCity Project Details Request Conditional Use Permit (Home-Based Wildlife �p BARK�N Rehabilitation Center) Staff Recommendation M��F2 �RCti 2�Cr y� Approval 42 r � Cy C PO �t Staff Planner Madison Eichholz1-0 ° L oca tion 709 De Laura Lane AVE wEST GPIN �ROve°,R 1468919330 Site Size oFR�c� �Qlep �y 7,888 square feet AICUZ Less than 65 dB DNL Wa tershed '' Chesapeake Bay Existing Land Use and Zoning District " Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-7.5 Residential :x South Single-family dwelling/ R-7.5 Residential East De Laura Lane Single-family dwelling/ R-7.5 Residential `Vest Single-family dwelling/ R-7.5 Residential Belinda Gail Hill Agenda Item 19 page 1 of 13 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Center within one room of the existing single-family dwelling on this 7,888 square foot R-7.5 Residential zoned parcel. • Specifically, the applicant is proposing to rehabilitate infant small mammals to include Eastern Grey Squirrels, Eastern Cottontail Rabbits, Southern Flying Squirrels, and Virginia Opossums. The applicant will provide care for no more than ten infant wildlife at any given time. The proposed use will occur entirely within the residence. • The animals will be housed in incubators and cages while being cared for. Once weaned from formula, they will be transported to a secondary care center to be acclimated to outdoor caging prior to release. • No wildlife is proposed to be transported to the property by the public or released on or near the property. The applicant will pick up the animals from the parent organization's facility and transport them to her home. • No alterations to the exterior or interior of the existing single-family home are proposed for this use. Additionally, no employees are proposed to support the operation. • This applicant is currently registered with the Department of Wildlife Resources (DWR) as a licensed wildlife rehabilitator and is only authorized by DWR to care for the animals listed within this request. Belinda Gail Hill Agenda Item 19 page 2 of 13 Zoning • No prior Zoning History i' i i / - R7i5 04, R7.5 Applica Lion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • . • In Staff's opinion, this request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Center is acceptable. The proposed use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, one of the guiding development principles for which is the creation of"Great Neighborhoods." This use is considered a complementary non-residential use that works to ensure the stability and sustainability of the Suburban area currently and into the future. The limited nature of the operation aligns with this goal, as the property would continue to exist primarily as a single-family residence and maintain its single-family character in structure and intensity of use. The proposed wildlife rehabilitation facility is in keeping with these principles, as the applicant will house rescued wildlife in a room within the single-family dwelling, which provides sufficient screening and buffering from the adjacent properties. No changes to the exterior or interior home are proposed. There will be no additional traffic impact, as there will be no animals received from the general public and no additional employees associated with the proposed use. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities. In Staff's opinion,this use will not be detrimental or negatively impact adjacent properties. The conditions ensure that the use will occur entirely within the home and remain at an appropriate intensity in the future. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Belinda Gail Hill Agenda Item 19 page 3 of 13 Recommended Condilions 1. This Conditional Use Permit only permits rehabilitation of small mammals, weighing a maximum of 10 lbs. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. All wildlife shall be transported to the parent organization or other similar care facility for release or continued care. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 10 small mammals shall be housed at this property at any given time. 6. No animals shall be dropped off or picked up by the general public at this site. 7. No animals shall be dropped off between the hours of 10:00 p.m. and 7:00 a.m. 8. Animal waste shall be removed daily and disposed of in a lawful manner. 9. All animals shall be properly and humanely contained within incubators and cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 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. Belinda Gail Hill Agenda Item 19 page 4 of 13 Comprehensive Plan Information 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) ResourcesNatural & Cultural • 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 Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT De Laura Lane No Data Available ADT1 9,900 ADT 1(LOS°"D") Proposed Land Use 3-No Data Available 1 Average Daily Trips 'As defined by a 'LOS = Level of 'As defined by a Home-Based Wildlife Service Single Family Home Rehabilitation Center Master Transportation Plan(MTP)and Capital Improvement Program(CIP) De Laura Lane in the vicinity of this application is considered a two-lane undivided local street. The roadway is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Wa ter&Sewer The site connects to City water and sanitary sewer. Belinda Gail Hill Agenda Item 19 page 5 of 13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. Belinda Gail Hill Agenda Item 19 page 6 of 13 rz , �r Site Layout 9.,=a. qt Belinda Gail Hill Agenda Item 19 page 7 of 13 Site Photos t S A-fl 3 I z b' r Site Photos �ry 'Vii�Mid IIIIIIIIIFdE 11�41111tittl � 1 Him lttflitr Disclosure r •, ■ BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application Belinda G. Hill Is Applicant also the Owner of the subject property? YesO No® if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(j)N.0 If yes,name Representative: Second Chance Wildlife Rehabilitation Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoo If yes,list the names of ail 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.) Second Chance Wildlife Rehabilitation,2905 Bamberg Place,Virginia Beach,VA 23453 1 Does the subject property have a proposed or pending purchaser? Yes No Q If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No If yes,name the official or employee,and describe the nature of their interest. _ I� —�1 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-col lateral ization,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Belinda Gail Hill Agenda Item 19 page 10 of 13 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) _ Aecounting/TaxReturn Preparation Architect/Designer/Landscape A rchitect/Land Planner Construction Contractor_ Engineer/Surveyor/Agent 0 — Legal Services 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. Belinda G. Hill _ 07/14/2025 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. 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 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): 9/24/25 Madison Eichholz %�2GaetL���l�Lee 9/24/25 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024Npage 2 of 3 Belinda Gail Hill Agenda Item 19 page 11 of 13 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Belinda G Hill 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 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) FondChance Wildlife Rehabilitation,2905 Bamberg Place,Virginia Beach,VA 23453 Does the subject property have a proposed or pending purchaser? Yeso No0 If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL_OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O 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, O Q cross-col late raIization,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation O O Architect/Designer/landscape 0 O Architect/Land Planner Construction Contractor ® e Engineer/Surveyor/Agent Legal Services o O j: 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. Belinda G. Hill _ 07/14/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Belinda Gail Hill Agenda Item 19 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Belinda Gail Hill Agenda Item 19 page 13 of 13 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #19 Belinda Gail Hill Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Next item is item 19, Belinda Gail Hill, property owner, Conditional Use Permit for home-based wildlife. Ms. Bill: Hello, my name is Belinda Hill and I agree with all the conditions. Mr. Coston: Thank you. You may be seated. Is there any objection to this item being placed on the consent agenda? Hearing none,we've asked Commissioner Plumlee to read this item into the record. Mr.Plumlee: The subject property is 709 Delore Lane,owner Belinda Galil Hill. She's requesting a Conditional Use Permit to operate a home-based wildlife rehabilitation center within a room of the existing single family dwelling. It's received recommendation from the planning staff and every planning commissioner has agreed to have that on the consent agenda. Mr. Coston: Thank you. (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: 1, 2, 7, 11, 13, 16, 19, 20, and four records of minutes. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Motion to approve. Ms. Cuellar: Motion to approve by Commissioner Plumlee. Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Second by Commissioner Schoonover. Are there any commissioners abstaining from the consent agenda? Hearing none. The motion for approval once again is by Commissioner Plumlee, seconded by Commissioner Schoonover. Any further discussion? Mr. Plumlee: May I just say, I did abstain with regards to the minutes, which are also, but those abstentions are noted in the record. Ms. Cuellar: Correct. Thank you very much. As for the rest of the commissioners as well that are abstaining, Clerk: The vote is open. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: Second. Clerk: Vote was open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes,items 1,2,7, 11, 13, 16, 19, and 20 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 and for those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in person, but you are also free to leave. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. This Conditional Use Permit only permits rehabilitation of small mammals,weighing a maximum of 10 lbs. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. All wildlife shall be transported to the parent organization or other similar care facility for release or continued care. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 10 small mammals shall be housed at this property at any given time. 6. No animals shall be dropped off or picked up by the general public at this site. 7. No animals shall be dropped off between the hours of 10:00 p.m. and 7:00 a.m. 8. Animal waste shall be removed daily and disposed of in a lawful manner. 9. All animals shall be properly and humanely contained within incubators and cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 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. 22N�S� p� i OR UR(STR-OR) 2�s� HALF S� ter. OR(STR-OR) ED Site N I Zoning Juxhin Eugene Sela W E Property Polygons 516 22nd Street, Unit 300 s Feet 0 10 20 40 60 80 Map created by Planning Department on 9/16/2025 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUXHIN EUGENE SELA [Applicant] IRA KOSTA & JUXHIN SELA [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 516 22"d Street, Unit 300 (GPIN 24179873260300). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 7, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a 2,027-square-foot, 4-bedroom condominium unit located at 516 22nd Street, Unit 300. The site has not received any zoning complaints and is not currently advertised. ■ 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 for two parking spaces in the 25t" Street Municipal Parking Garage located 0.24 miles (straight line measurement) and 0.36 miles (driving 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 Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 516 22nd Street, Unit 300, 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. Juxhin Eugene Sela Page 2of5 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 off-site 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 Juxhin Eugene Sela Page 3 of 5 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, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted 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. The sign required by this section shall include the owner or property manager's contact information. 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 at any time or times during the permitting process. Such inspection shall Juxhin Eugene Sela Page 4 of 5 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 time 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, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. 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 permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Juxhin Eugene Sela Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager-? V Ag ),enda Item 20 • •• - Property •wner: Ira Kosta and Planning Commission ' • September 1 vs, CouncilCity Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation ° Approval vas " ,At } ,W Staff Planner Alexis Bailey Location �- 516 22nd Street, Unit 300 GPIN 24179873260300 faReMl`.� . Site Size 2,027 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Wa tershed Chesapeake Bay " Existing Land Use and Zoning District e Condominium /OR Oceanfront Resort Surrounding Land Uses and Zoning DistrictsVW N rd_ 7• 22nd Street �•' e$ `:,, _ ! Townhouses/ OR Oceanfront Resort ' t:. �,OUth 21s'% Street Duplex/ OR Oceanfront Resort Condominium/OR Oceanfront Resort We St Condominium /OR Oceanfront Resort Juxhin Eugene Sela Agenda Item 20 page 1 of 13 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 516 22"d Street, Unit 300. The site contains a three-unit condominium and is zoned Oceanfront Resort District. • According to City records, this four-bedroom unit was constructed in 2024. • Staff inspected the site on July 16, 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. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • There are no prior zoning complaints on this site. • Since this property was not registered or 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 before operating. • Known Short Term Rental activity as of August 14, 2025, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Juxhin Eugene Sela Agenda Item 20 page 2 of 13 Short Term Rentals in the Vicinity A.x3RD � ; 1_ IF, ` t 5 a t q 3 �t t l s 't v + i F •, tj Sj H F .- r � f 2oiNVjj�tF S1 t 20"SZ 1 , Short=Permmits(54) O ST to 11 j1 LP-t Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 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) Juxhin Eugene Sela Agenda Item 20 page 3 of 13 Zoning • # Request `� o 4\TR-OR) i 1 CUP (Short Term Rental) Approved 07/08/2025 3 CUP (Short Term Rental) Approved 05/20/2025 s� 22N� 2 CUP (Short Term Rental) Approved 05/20/2025 CUP (Short Term Rental) Approved 05/20/2025 o _ . 3 CUP (Short Term Rental) Approved 11/14/2023 z A (3R(STR-OR) 4 CUP (Short Term Rental) Approved 12/13/2022 in 2 t _ m 215�Hp1.(r ST OR(STR-OR) t 2155 c'C Applica Lion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • . • The applicant is requesting to operate a four-bedroom Short Term Rental within an existing condominium. The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at the 25"' Street Municipal Parking Garage, located 0.24 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. 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 site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Juxhin Eugene Sela Agenda Item 20 page 4 of 13 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 516 22,d Street, Unit 300, 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 off-site 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. Juxhin Eugene Sela Agenda Item 20 page 5 of 13 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, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted 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. The sign required by this section shall include the owner or property manager's contact information. 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 at any time or times during the permitting process. 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 time 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, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Juxhin Eugene Sela Agenda Item 20 page 6 of 13 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. 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 permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. 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. Juxhin Eugene Sela Agenda Item 20 page 7 of 13 Public Outreach Informalion Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 27, 2025 and September 3, 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 August 25, 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 September 4, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 23, 2025 and September 30, 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 September 22, 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 October 3, 2025. Juxhin Eugene Sela Agenda Item 20 page 8 of 13 Site Layout & Parking Plan t" }1 — < k0R�S R- R (H D) :. 25 Street Municipal v sT RSD . ORsTR R) Parkin Garage g g �, � 0 "'R=F7ft 24 iSlreertf .� 25TN5 � ► �,f '��,�.a � s 3B) A ,, r_ T3(O y Ck(STR QR) a A1 � °� ; Ail � °i3) 24 4.. 24 C )( i {O A241OB} 3r,(QB 2aT ST A24(09) A 2(QB) 4�{sTR pR}. r .•,� 0.24 Miles Al2(0B) . �i'� u t 7t x '3Miles ,� �. � � 0.36 M i I es Q { T ,1v4(OB) ip-' )t 1 {O$) A 2 .2,12(0B}',fiJ 4} p ST 22 E�RfSTE',O�i) Of (ST By �$ TR= R G QR" tO ;%STR-OR} a 1ST ST 2 4 T Fey } :2N� 5 0 {ST �}R) 5 0_%(STF- K1 215T ST T R ;4 215T ST ` O_R( R-Q►2 F ' Subject Site VTR-CAR) P�k(STR-OR;' 2pTH sT_ Juxhin Eugene Sela Agenda Item 20 page 9 of 13 Site Photos a� VMW- y.: III F• Y t >m 4 xpm� -F Yip: 1� Juxhin Eugene Sela Agenda Item 20 page 10 of 13 Disclosure ' INIA r • BEACH The disclosures contoined in this form ore 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 farm 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Juxhin Sela and Ira Kosta Is Applicant also the Owner of the subject property? Yese No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesC)Noe If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo(`) If yes,list the names of oil officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 7 relationship with the applicant.(Attach list if necessary.)_ ( I I � Does the subject property have a proposed or pending purchaser? Yes Noi� — 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(�) If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Juxhin Eugene Sela Agenda Item 20 page 11 of 13 Disclosure DISCLOSURESECTION 1: APPLICANT •. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape O Q Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent © I Q Legal Services 1 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. Ira Kosta 07/15/2025 Juxhin 5ela + - t 07/15/2025 Applicant Name(Print) I ant Signature hate 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 shored management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore 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): 9/16/2025 Alexis Bailees 9 22 5__ Staff Name(Print) Staff Signature Date Disclosure Statement ! rev. May-2024 page 2 of 3 Juxhin Eugene 5ela Agenda Item 20 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Juxhin Eugene Sela Agenda Item 20 page 13 of 13 STIR VICINITY MAP JUXHIN EUGENE SELA ZAIF,y` 1 VAAL f ys 1 k t 1 1 j, i ( t t 7's�st '� ✓ it t t f f p�Hst Short Tenn Rentals • STR Permits(54) �.f 1 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #20 Juxhin Eugene Sela Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item we have is item 20,Juxhin Eugene Sela, Conditional Use Permit for short term rental. Mr. Sela: Thank you, Mr. Vice Chair, Madam Chair, member of the Councils. I'm one of the owners of this property and accept the conditional. Mr. Coston: Could you state your name please? Mr. Sela: Eugene Sela. Mr. Coston: Thank you. And all the conditions are acceptable? Mr. Sela: They are. Mr. Coston: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none. We've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The subject address is 516 22' Street, Unit 300. The applicant is Mr. Sela. The property owner is Ira Kosta and Mr. Sela. This is an application for short-term rental Conditional Use Permit at that location. It was constructed in 2024. There had been no prior zoning violations with regards to the site. There was some discussion during the informal proceeding of the planning commission that we would maybe potentially ask council to look at the use of public parking spaces and/or the distance of the parking facility. But this meets the current requirements under the city's code and therefore it's appropriate 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: 1, 2, 7, 11, 13, 16, 19, 20, and four records of minutes. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Motion to approve. Ms. Cuellar: Motion to approve by Commissioner Plumlee. Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Second by Commissioner Schoonover. Are there any commissioners abstaining from the consent agenda? Hearing none. The motion for approval once again is by Commissioner Plumlee, seconded by Commissioner Schoonover. Any further discussion? Mr. Plumlee: May I just say, I did abstain with regards to the minutes, which are also, but those abstentions are noted in the record. Ms. Cuellar: Correct. Thank you very much. As for the rest of the commissioners as well that are abstaining, Clerk: The vote is open. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: Second. Clerk: Vote is open. By a recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes,items 1,2, 7, 11, 13, 16, 19,and 20 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 and for those applicants on the consent agenda, thank you for your participation. You may remain in our meeting either virtually or in person,but you are also free to leave. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 516 22"d Street, Unit 300, 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 off-site 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, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted 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. The sign required by this section shall include the owner or property manager's contact information. 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 at any time or times during the permitting process. 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 time 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, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. 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 permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. 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. N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 7, 2025. 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:09/16/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E H_L N 1. CITY COUNCIL'S BRIEFING 1. FLOOD PROTECTION PROGRAM AND Jeff Waller,P.E.,Chair- CAPITAL IMPROVEMENT UPDATE Flood Prevention Bond Referendum Oversight Board Leisha Pica,P.E., Program Manager- Jacobs Engineering II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 A A A-F B B S S T T A A I I N N E E D D G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL AND FORMAL SESSIONS- SEPTEMBER 2,2025 SPECIAL FORMAL SESSION- SEPTEMBER 9,2025 - H.1. MAYOR'S PRESENTATION CANCELED, DUE TO INCLEMENT RECOGNITION-Sister Cities Association WEATHER of Virginia Beach-Visiting Students from Glenlola Collegiate Bangor,Northern Ireland J.1. Ordinance to ADD Ocean Hills ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Neighborhood to City Code Sections 21-382, CONSENT 21-383 and 21-384 and EXTEND the Sunset Date to April 5,2029 re Residential Permit Parking(RPP)in the Historic Cavalier Shores-Neighborhood(Requested by Vice Mayor Wilson and Council Members Berlucchi,Hutcheson,Remick,Ross- Hammond and Schulman) J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:09/16/2025 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 0 L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.2. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Subgrant CONSENT Agreement to ACCEPT AND APPROPRIATE$8,775.00 from the Virginia Department of Historic Resources (DHR)to the FY 2025-26 Planning and Community Development Operating Budget and AUTHORIZE a$8,775.00 grant match re update National Register of Historic Places nomination for the U.S.Coast Guard Station/Seatack Life Saving Station J.3 Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$669,568 from Federal CONSENT Emergency Management Agency(FEMA)to the FY 2025-26 Fire Department Operating Budget re administration of Virginia Task Force 2 J.4. Ordinance to ACCEPT and ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$216,870 in Aid to CONSENT Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2025- 26 Fire Department Operating Budget re training,construction of training centers, firefighting equipment and protective clothing J.5. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$51,129.38 and$1,533.88 CONSENT from Federal Emergency Management Agency(FEMA)to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for floods in Texas J.6. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$22,500 from sale of CONSENT equipment to the FY 2025-26 Fire Department FEMA Administrative Grant re purchase of replacement vehicle for Virginia Task Force 2 rolling stock fleet J.7. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$17,063.75 and$511.91 CONSENT from Federal Emergency Management Agency(FEMA)to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for Tropical Cyclone Erin J.8. Ordinance to CARRY FORWARD and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$10,867,297 into the FY CONSENT 2025-26 Operating Budget re purposes previously approved in FY 2024-25 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:09/16/2025 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 0 L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.9. ASHDON BUILDERS 1,LLC for a DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Certificate of Appropriateness re appeal of DECEMBER 9,2025, Historical Review Board Decision on BY CONSENT application to modify#25-12 to install white vinyl fencing(DENIED)at 2508-2524 Peaceful Lane DISTRICT 2 K.1. DONNA D.HARRIS&BORIS G.DREW APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Variance to Section 4.4.(b)of CONDITIONED, Subdivision Regulations re lot width at 970 BY CONSENT Whitehurst Landing Road DISTRICT 1 K.2. GLOBAL MONTELLO GROUP CORP. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Change in Nonconformity re relocate an CONDITIONED,BY existing nonconforming sign at 1689 Laskin CONSENT Road DISTRICT 6 K.3. MICHAEL L.McGLYNN&TRACI R. APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y McGLYNN for a Change in Nonconformity CONDITIONED,BY re add a front porch and a 2""story CONSENT addition with balcony to an existing single- family dwelling at 311 35"'Street DISTRICT 6 KA. VIRGINIA BEACH RESIDENCES,LLC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BAKER ROAD PROPERTIES,LLC for a MODIFIED/ Modification of Proffers to a Conditional PROFFERED, Change of Zoning re construct a 375-unit BY CONSENT multi-family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4(Deferred from 08/12/2025) K.5. VB FBDC LLC DBA FUNNY BONE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DRAFT CADE/PEMBROKE SQUARE CONDITIONED ASSOCIATES,LLC for a Special Exception BY CONSENT for Alternative Compliance re install a 91 square foot sign at 4554 Virginia Beach Boulevard,Suite 100 DISTRICT 9 K.6. CHARLESE HASAN/CEC FAMILY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y TRUST for a Conditional Use Permit re CONDITIONED, short term rental at 213 41"Street BY CONSENT DISTRICT 5 K.7. DAVID&DEBORAH DOWDY/DAVID APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y WAYNE&DEBORAH M.DOWDY for a CONDITIONED, Conditional Use Permit re short term rental BY CONSENT at 423 21"Street DISTRICT 6 K.8. RICHARD F.DAVIS and RICHARD A. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DAVIS for a Conditional Use Permit re short CONDITIONED, term rental at 304 28"Street,Unit 206 BY CONSENT DISTRICT 6 K.9. Ordinance to AMEND City Zoning APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance(CZO)Section 2404 re Western CONSENT Campus Overlay District 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:09/16/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E l O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.10. Ordinance to AMEND City Floodplain APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance Sections 1.3,4.3,4.10,6.1,6.3, CONSENT and 6.7 re functionally dependent uses, residential construction requirements and grandfathering K.11. Ordinance to AMEND the 2016 APPROVED 10-1 Y Y Y N Y Y Y Y Y Y Y Comprehensive Plan/Master Transportation Plan re removal of a portion of Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way District 2 L. APPOINTMENTS RESCHEDULED ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZEN REVIEW BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD BEACHES AND WATERWAYS Appointed_ _ 11-0 Y Y Y Y Y Y Y Y_. Y _ _ Y _Y ADVISORY COMMISSION Tyler Chen— Student Member 9/16/2025-6/30/2026 BOARD OF ZONING APPEALS Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Ben Willis— Alternate Member Unexpired term thru 3/31/2030 Natalie Borecki- - Alternate Member 5 Year Term 9/16/2025—8/31/2030 Richard Corner— Alternative Member Unexpired term 11/1/2025-12/31/2029 COMMUNITY ORGANIZATION GRANT Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y (COG)REVIEW&ALLOCATION Lori Zontini— COMMITTEE Citizen Member 3 Year Term 11/1/2025-10/31/2028 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:09/16/2025 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M 0 L L C N Y L S E 1 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N _NJI DEFERRED COMPENSATION BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Wendy Hu- Finance No Term HISTORIC PRESERVATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Grace Curran Greyson Netter- Student Members Student Term 9/16/2025-6/30/2026 HISTORICAL REVIEW BOARD Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Bernice Pope 3 Year Term 1 I/l/2025-10/31/2028 HOUSING ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Beth Anne Campbell- Citizen Member 4 Year Term 9/16/2025-9/30/2029 Hannah Sabo- Planning Department Unexpired teen thru 9/30/2025 +4 Year Tenn 10/01/2025-9/30/2029 HUMAN RIGHTS COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y -- Sylvia Nery-Strickland Unexpired tern thru 3/31/2026 - +3 Year Tenn 4/0112026- 131Dmo MILITARY ECONOMIC DEVELOPMENT Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMITTEE Steven Cade Unexpired tern thru 2/28/2028 OPEN SPACE ADVISORY COMMITTEE Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Clay Bernick Vincent Bowhers Francis Drumm William Fleming 3 Year Term - - 11/1/2025- 10/31/2028 PUBLIC LIBRARY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Samantha Hickey Unexpired term thru 8/31/2028 SOCIAL SERVICES ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Aaric Marks Heather Newton Unexpired term thru 6/30/2026 +4 Year Term 7/1/2026-6/30/2030 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:09/16/2025 PAGE: 6 R U T N H C L M H C R A H W U M E H G E M R U 1 C I D N E R M M 0 L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N STORMWATER APPEALS BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Douglas Smith 3 Year Term 9/16/2025—8/31/2028 VIRGINIA BEACH CANNABIS Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY TASK FORCE Cavelle Mollineaux— Minority Business Council Unexpired tern thru 12/31/2025 +2 Year Term 1/l/2026—12/31/2027 WETLANDS BOARD Appointed: I l-0 Y Y Y Y Y Y Y Y Y Y Y D.Paul Holley— Full Member Unexpired term thru 8/31/2026 +5 Year Term 9/1/2026—8/31/2031 Reappointed: Stephen B.Ballard— Alternate Member 5 Year Term 10/1/2025-9/30/2030 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:54 PM