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HomeMy WebLinkAbout10-21-2025 FORMAL SESSION AGENDA City ofVirginia Beach �ti4- �hG U ~Y ' A LIFETIME °F °uR nAT��N City Council Members Mayor Robert M. "Bobby" Dyer bdver@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 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberiucc@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 bhenlev@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 ichulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees 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 Lyndon S. Remias Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda October 21, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY MANAGER'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. INDEPENDENCE BOULEVARD AND WAKEFIELD DRIVE INTERSECTION PROJECT 1:30 P.M. L.J. Hansen, Director—Public Works B. CONVENTION AND SPORTS CENTER PARKING UPDATE 2:00 P.M. Amanda Jarratt, Deputy City Manager L.J. Hansen, Director— Public Works I1. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 P.M. III. CITY COUNCIL AGENDA REVIEW 2:45 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—October 7, 2025 2. FORMAL SESSION —October 14, 2025 H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION John Aragona I. BID OPENING 1. NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITY PROPERTY Operating a cable television system J. PUBLIC HEARINGS 1. PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT Cox Communications Hampton Roads, LLC 2. LEASE OF CITY PROPERTY T-MOBILE NORTHWEST, LLC Five (5) parking spaces on the top level of the parking deck of 31" Parking Garage Installing and maintaining antennas and radio equipment 3. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY TO BARRS ROAD, LLC OR AN AFFILIATED ENTITY Three (3) parcels in Burton Station known as 1229, 1231 and 1249 Barrs Roads re future pump station site K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 7-1, 7-10 and 7-59.1 re wheeled devices or vehicles in the Resort Area 2. 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: ALTERNATIVE 1: (ORIGINAL VERSION) any application that creates a more intense use than the then-current approval for such property OR ALTERNATIVE 2: (REVISION 1) any application to rezone property to a high density or a more intense zoning district (Requested by Mayor Dyer and Vice Mayor Wilson) DEFERRAL REQUESTED TO NOVEMBER 18, 2025 3. Resolution to ADOPT the City's 2026 Legislative Agenda 4. Resolution to NOMINATE Thomas M. Leahy, Phillip A. Davenport and J. Barry Frankenfield to the Governor as candidates for the position of local representative for the term of office commencing January 1, 2026, to the Southeastern Public Service Authority (SPSA) 5. Resolution to AUTHORIZE City support for Virginia Beach Restaurant Week (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright (90.77 +/- Acres), the issuance by the City of its contract obligations in the maximum principal amount of$1,523,773 and TRANSFER funds to purchase U.S. Treasury STRIPS 7. Ordinance to DECLARE City-owned property at 333 Laskin Road to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi-family residential, commercial and structured parking facility (Deferred from September 2, 2025) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for sixty (60) months re office space in the Judicial Center at 2425 Nimmo Parkway with the Commonwealth of Virginia, Court of Appeals of Virginia 9. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of an unimproved, unnamed alley adjacent to the rear of 219 54th Street 10. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B 11. Resolution to APPROVE Attainable Workforce Housing Performance Grant to Grand Lakes, LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement; and REQUEST the Virginia Beach Development Authority (VBDA) approve the Grant 12. Resolution to APPROVE Attainable Workforce Housing Performance Grant to The Silo Apts, LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement; and REQUEST the Virginia Beach Development Authority (VBDA) approve the Grant 13. Ordinance to APPROPRIATE $72,000 from the Tourism Investment Program (TIP) fund balance to the FY 2025-26 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Max Media of Hampton Roads, LLC re Party at the Pier concert series to begin April 2026 14. Ordinance to ACCEPT and APPROPRIATE $259,904.75 from the Virginia Opioid Abatement Authority (OAA) to the FY2025-26 Human Services Operating Budget and AUTHORIZE $77,564 as matching funds for Regional Recovery High School re support efforts to mitigate the ongoing opioid epidemic 15. Ordinance to ACCEPT and APPROPRIATE $200,011 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2025-26 Human Services Operating Budget re workforce development programs 16. Ordinance to ACCEPT and APPROPRIATE $300 from the Virginia Department of Emergency Management (VDEM) to the FY 2025-26 Emergency Management Operating Budget re support the activities of local emergency management agencies in establishing, maintaining and operating emergency plans, programs and capabilities to deal with nuclear accidents M. PLANNING 1. PHIL M. BONIFANT/ PHIL M. &TERESA C. BONIFANT for a Modification of Conditions to a Conditional Use Permit re assembly use at 2244 & 2252 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. ELLMER PROPERTIES VIRGINIA BEACH, LLC/ 3909 VA BEACH BLVD, LLC for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales at 3909 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 3. ELLMER PROPERTIES BONNEY ROAD, LLC/ BRUCE B. MILLS REVOCABLE TRUST and ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re bulk storage yard at 3890, 3894 and 3898 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: STAFF-DENIAL PLANNING COMMISSION-APPROVAL 4. BRADLEY& NETTIE KAIN for a Conditional Use Permit re residential Kennel at 405 Kings Point Court DISTRICT 3 (Deferred from August 19, 2025) RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-DENIAL APPLICANTS REQUEST WITHDRAWAL 5. ASC REAL ESTATE, LLC (MARGARET SHAIA/ CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Conditional Use Permit re bulk storage yard at 2008 Hudome Way DISTRICT 2 RECOMMENDATION: APPROVAL 6. 5073 VIRGINIA BEACH BLVD LLC for a Conditional Use Permit re automobile repair garage & Conditional Use Permit re motor vehicle sales and rentals at 245 Pennsylvania Avenue DISTRICT 4 RECOMMENDATION: APPROVAL N. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY 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 0. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 21, 2025. I. CITY MANAGER'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. INDEPENDENCE BOULEVARD AND WAKEFIELD DRIVE INTERSECTION PROJECT 1:30 P.M. L.J. Hansen, Director— Public Works B. CONVENTION AND SPORTS CENTER PARKING UPDATE 2:00 P.M. Amanda Jarratt, Deputy City Manager L.J. Hansen, Director— Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 P.M. III. CITY COUNCIL AGENDA REVIEW 2:45 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—October 7, 2025 2. FORMAL SESSION —October 14, 2025 WOE 3 H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION John Aragona IA B/AC f y9�ks 0,�0` Op OUR N01310�'' RESOL=ON WHEREAS:John Aragona was a self-made man who immigrated to the United States from Italy in 1922 through Ellis Island at the age of 17;and WHEREAS:John Aragona began his career as a carpenter in New York and years later, moved his family to Virginia Beach;and WHEREAS:In the 1950s, John Aragona took a significant leap of faith,purchasing nearly 1,000 acres of farmland in what was then a remote area of Princess Anne County which he later developed into Aragona Village;and WHEREAS:John Aragon was a true visionary and is considered the first modern-day developer when Aragona Village became the area's first full fledged housing development which included 3,200 homes starting at$7,000;and WHEREAS:In May 1957,John Aragona donated 13.01 acres of land designated as "School Site"located at 4722 Jericho Road to the Princess Anne County School Board;and WHEREAS: In 1958 Aragona Elementary School (grades 1-8) opened. As the school board constructed new school buildings to house the growing student population, Aragona Elementary was reduced to a K 5 school in the late 1960's. Eventually, the Aragona Elementary building was repurposed for various uses;and WHEREAS: John Aragon also developed a public utility station (Aragon Utilities). In 1963, Princess Anne County merged with Virginia Beach,and Aragon Utilities was subsequently purchased by the City of Virginia Beach in 1974;and WHEREAS:John Aragon continued to invest in the City of Virginia Beach by developing the Aragona Shopping Center (1962), Pembroke Mall, Princess Anne Plaza, Bow Creek Golf and Country Club, Magic Hollow, and Lago Mar, which was also quite isolated at the time;and WHEREAS: On August 12, 2025, the Virginia Beach School Board adopted the `Resolution Negotiation for Disposition of Certain Jericho Road Properties" which directs the Superintendent and the legal counsel to work with City representatives to negotiate mutually agreeable terms and conditions to transfer the land once donated by Mr.Aragon to the City for public park site, open space and passive recreation, and for other limited public purposes that support the public infrastructure compatible with the community needs of the surrounding neighborhoods;and WHEREAS: On this day, we honor a true visionary for his forward-thinking and investments into the housing developments and businesses that are spread throughout and are a vital part of the backbone of the City of Virginia Beach; and NOW, THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to express its appreciation to the family of the late John Aragon for his commitment, generosity, belief, investment and service to our City. Adopted by the Council of the City of Virginia Beach, Virginia the 21'r day of October 2025 and present this Resolution duly signed by each Mem r of the Virginia Beach City Council. P0.&L" —9, 4��, &J"," Oncil Member Michae F.Berlucchi Cou-myt-ID tuber Stacy umWngs Council Member Barbara M. enley ArA Council Member David utcheson ouncil ember Oal"Cash'(Jackson-Green Council Member Robert W. "Worth"Remick Council Member Dr.Amelia Rossmmond gnjImber Jennifer=VRouse Council Member Joashua F.Schulman Vice Ma r Rosemary Wilson Mayor Rob t M. " obby"Dyer I. BID OPENING 1. NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITY PROPERTY Operating a cable television system REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITY PROPERTY The City of Virginia Beach has received a proposal for a non-exclusive franchise agreement to use and occupy public property for the purpose of operating a cable television system.A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below.All bids must be in writing. The right to reject any and all bids is hereby expressly reserved.Further information,Including a copy ofthe proposed franchise agreement, may be obtained by calling the Communications Office at(757)385-4679. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber,City Hall Building (Building 1)Municipal Center,Virginia Beach,Virginia on October 21,2025 at 6:00 p.m.,and after reading of the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, October 17,2025,AT 5:00 P.M. 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 21,2025. 2. Download WebFx and view the meeting at: httos://vb¢ov.webex.com/"webl'nk/re r/rb de8708407 t2f8181t 6 4d7 68a99 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-Sunday,October 12,2025&Monday, October 13,2025 J. PUBLIC HEARINGS 1. PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT Cox Communications Hampton Roads, LLC 2. LEASE OF CITY PROPERTY T-MOBILE NORTHWEST, LLC Five (5) parking spaces on the top level of the parking deck of 3111 Parking Garage Installing and maintaining antennas and radio equipment 3. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY TO BARRS ROAD, LLC OR AN AFFILIATED ENTITY Three (3) parcels in Burton Station known as 1229, 1231 and 1249 Barrs Roads re future pump station site PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on Tuesday,October 21,2025, in the City Council Chamber regarding the proposed grant of a franchise to operate a cable television system on City-owned property to Cox Communications Hampton Roads,LLC. The purpose of the hearing will be to obtain public comment on the proposed use of City property.Copies of the franchise agreement are on file in the City Clerk's office.The City Council Chamber is located on the second floor of the City Hall building(Building#1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above- referenced franchise should be directed to Tiffany Russell,Communications Office,by calling(757)385- 4679. 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 21,2025. 2. Download WebEx and view the meeting at: httoso/lvbgov.webex.com/`weblink/reg'ster/rb9 de8708407512f818115654d7268a99 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-Sunday,October 12,2025&Monday, October 13,2025 f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Renewing a Franchise Granted to Cox Communications Hampton Roads, LLC to Construct, Operate, and Maintain a Cable System in the City of Virginia Beach PUBLIC HEARING: October 21, 2025 MEETING DATE: November 18, 2025 ■ Background: The City granted Cox Communications Hampton Roads, LLC ("Cox") a cable television franchise agreement in 2006 ("Franchise"). The Franchise expired in 2016, but the obligations of the Franchise have continued by operation of law. The City and Cox have engaged in Franchise renewal discussions on numerous occasions since 2016, but were unable to negotiate a new agreement due to various factors. Negotiations recently resumed due to the parties' desire to renew the Franchise prior to the acquisition of Cox by Charter Communications, which is anticipated to be completed by mid-year 2026. The City and Cox have agreed upon terms for a renewal franchise agreement ("Renewal Agreement"). ■ Considerations: The term of the Renewal Franchise is ten (10) years with the option for one (1) additional five (5) year extension. The Renewal Agreement: (1) requires Cox to continue paying five percent (5%) of Cox's gross revenue from the provision of cable service in exchange for the non-exclusive right to use the City's streets and public rights-of-way to install cable facilities and operate a cable television system; (2) provides that Cox will continue to provide certain in-kind services to the City, such as the provision of complementary cable television service and digital cable boxes to City and School facilities; (3) increases the Public, Educational, and Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per subscriber per month to $0.50 cents per subscriber per month; (4) requires provision of the City's PEG channels in high definition format; (5) requires Cox to provide four new origination points for PEG programming, which will allow the City to provide live programming from the Virginia Beach Convention Center, the Emergency Operations Center, Economic Development, and the Schools Administration building; and (6) includes the same consumer protection provisions as the current Franchise. Additional terms and conditions of the Renewal Franchise are set forth in the summary of terms attached to the ordinance. ■ Public Information: A solicitation for bids was advertised on October 12, 2025 and on October 13, 2025, as required by Virginia Code §15.2-2101 and §15.2-1427. The bid opening is scheduled for October 21, 2025. A public hearing was advertised on October 12, 2025, as required by Virginia Code §15.2-1813, with public notice via the normal City Council agenda process. The public hearing will be held on October 21, 2025. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technolog�w City Manager: 1 AN ORDINANCE RENEWING A FRANCHISE GRANTED 2 TO COX COMMUNICATIONS HAMPTON ROADS, LLC 3 TO CONSTRUCT, OPEATE, AND MAINTAIN A CABLE 4 SYSTEM IN THE CITY OF VIRGINIA BEACH 5 6 WHEREAS, the City granted Cox Communications Hampton Roads, LLC ("Cox") 7 a cable television franchise agreement in 2006 ("Franchise"); and 8 9 WHEREAS, the Franchise expired in 2016, but the obligations of the Franchise 10 have continued by operation of law; and 11 12 WHEREAS, the City and Cox engaged in Franchise renewal discussions on 13 numerous occasions since 2016, but were unable to negotiate a new agreement due to 14 various factors; and 15 16 WHEREAS, negotiations recently resumed and the City and Cox have agreed 17 upon terms for a renewal franchise agreement ("Renewal Agreement"); and 18 19 WHEREAS, and term of the Renewal Agreement is ten (10) years with the option 20 for one (1) additional five (5) year extension; and 21 22 WHEREAS, the Renewal Agreement requires Cox to continue paying five percent 23 (5%) of Cox's gross revenue from the provision of cable service in exchange for the non- 24 exclusive right to use the City's streets and public rights-of-way to install cable facilities 25 and operate a cable television system; and 26 27 WHEREAS, the Renewal Agreement provides that Cox will continue to provide 28 certain in-kind services to the City, such as the provision of complementary cable 29 television services and digital cable boxes to City and School facilities; and 30 31 WHEREAS, the Renewal Agreement increases the Public, Educational, and 32 Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per 33 subscriber per month to $0.50 cents per subscriber per month; and 34 35 WHEREAS,the Renewal Agreement requires provision of the City's PEG channels 36 in high definition format; and 37 38 WHEREAS, the Renewal Agreement requires Cox to provide four new origination 39 points for PEG programming, which will allow the City to provide live programming from 40 the Virginia Beach Convention Center, the Emergency Operations Center, Economic 41 Development, and the Schools Administration building; and 42 43 WHEREAS, the Renewal Agreement includes the same consumer protection 44 provisions as the current Franchise; and 45 46 WHEREAS, City staff supports allowing Cox to use the City's streets and rights- 47 of-way for the aforesaid purposes, subject to the terms and conditions set forth in the 48 summary of terms, attached hereto as Exhibit A ("Summary of Terms"). 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Council hereby authorizes the City Manager to execute a Renewal 54 Franchise with Cox in accordance with the Summary of Terms, and such other terms, 55 conditions or modifications, as may be acceptable to the City Manager and in a form 56 deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's OfficEf CA16998 R-1 October 14, 2025 EXHIBIT A-SUMMARY OF TERMS COX FRANCHISE AGREEMENT ("RENEWAL AGREEMENT") Grantor: City of Virginia Beach ("City") Grantee: Cox Communications Hampton Roads, LLC ("Cox") Term: 10 years with the option for one additional 5-year renewal Location: Cox may construct, operate, and maintain a cable system within City's public streets and rights-of-way, subject to obtaining required permits from the City's Planning Department. Fee: City receives five percent (5%) of Cox's gross revenue from the provision of cable service Other Key Terms: 1. Increases the Public, Educational, and Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per subscriber per month to $0.50 cents per subscriber per month. 2. Cox to provide four new origination points for PEG programming, which will allow the City to provide live programming from the Virginia Beach Convention Center, the Emergency Operations Center, Economic Development, and the Schools Administration building. 3. City's PEG channels to be provided in high definition. 4. Renewal Agreement includes the same consumer protection provisions as the current franchise. 5. Cox will continue to provide certain in-kind services to the City, such as the provision of complementary cable television services and digital cable boxes to City and School facilities. 6. Renewal Agreement contains liquidated damages. Audit: City has right to audit Cox's books and records related to Renewal Agreement. Relocation/Removal: Upon expiration of term, City may require Cox to remove, at Cox's expense, all or any portion of the system from the streets and rights- of-way within the City. Reservation of City can require Cox to relocate Cox's facilities, at Cox's expense, if Street Rights: Cox facilities interfere with City construction, operation, maintenance, or repair of Public Works or public improvement projects. Insurance: Commercial General Liability: $2 Million per occurrence/$3 Million aggregate. Automobile Liability: $2 Million Surety Requirements: 1. $200,000 performance bond 2. $100,000 irrevocable letter of credit Indemnity: Cox shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. cl Iw, APPLICANT'S NAME Cox Communications Hampton Roads, LLC. DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: 'V B- Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__Cox Communications Hampton Roads. LLC. ------------------------------ If an LLC, list all member's names: ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) List attached (B) List the businesses that have a parent-subsidiary I or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION Z / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:--------------------------------- Page 2 of 5 A)B;,,- Virginia Beach If an LLC, list the member's names: ---------------------------------------------------------------------- ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sub1ect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of5 Gk,�o; )B Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ o Accounting and/or preparer of your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ a Construction Contractors ❑ ® Engineers / Surveyors/Agents Financing (include current El ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 , cl )B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Catherine Mitchell 10/1 5/2025 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Current Appointments CoxCom, LLC Leadership Team Mark Greatrex -President Perley McBride - Executive Vice President, Chief Financial Officer Len Barlik- Executive Vice President, Chief Network and Field Operations Officer Kia Painter- Executive Vice President and Chief People Officer Colleen Langner - Executive Vice President, Chief Residential Officer Jeff Breaux- Executive Vice President, Chief Commercial Officer Mark Lawson - Executive Vice President, Chief Digital and Information Officer Jessica Shrum - Executive Vice President, Chief Strategy Officer Operational Leadership Sam Attisha -Senior Vice President of Network and Field Operations, West Region Linda King -Senior Vice President Network and Field Operations, Central Region Catherine Mitchell -Senior Vice President, Network and Field Operations—East Region Additional Corporate Officers Mark Gathen -Senior Vice President of Content Acquisition Sonya Middleton -Senior Vice President, General Counsel :t PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of Cityowned property on Tuesday,October 2:L 2025,at 6:00 p.m. in the Council Chamber of City Hall(Bldg.1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia.The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property to T-Mobile Northwest LLC: Five(5)parking spaces located on the top level of the parking deck of the 31-Street Parking Garage (GPINs:2428-02-5017 and 2824-01-5951)forthe purpose of installing and maintaining antennas and radio equipment. If you are physically disabled or visually impaired and Ob need assistance at this meeting,please call the City Clerk's Office at 385-4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N. Landing Road, Bldg.23,Municipal Center at(757)385-4161,pwrealestate@vbgov.com. 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 21,2025. 2. Download WebEx and view the meeting at: httos,//vb¢ov.webex.com/webl I n k/res!ic_ter/rb9 de8708407512f8181'15654d 7268a99 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-October 12,2025 �u e� H CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years With T-Mobile Northeast, LLC for 5 Parking Spaces at the 31st Street Parking Garage PUBLIC HEARING DATE: October 21, 2025 MEETING DATE: November 18, 2025 ■ Background: The City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority jointly own the condominium property known as the 31 st Street Parking Garage (the "Parking Garage"). The 316t Street Parking Garage Condominium Owners Association (the "Association") is responsible for administering the affairs of the Parking Garage. T-Mobile Northeast LLC, a Delaware limited liability company ("T-Mobile") has been leasing 5 parking spaces (the "Premises") on the uppermost level of the Parking Garage since August 1, 2018. T-Mobile uses the Premises for the purpose maintaining antennas and radio equipment to enhance wireless communication at the Oceanfront. The current lease expires on November 30, 2025, and T-Mobile desires to enter into a new lease agreement for the use of the Premises for an additional five years. ■ Considerations: The services provided by T-Mobile will benefit the citizens of the City and visitors to the Oceanfront. Staff supports leasing the Premises and has determined that T-Mobile's use of the Premises does not interfere with or adversely affect the public's use of the Parking Garage. T-Mobile has agreed to pay $20,700 per year for the lease of the Premises. The terms and conditions of the lease are set forth in the Summary of Terms attached to the Ordinance. ■ Public Information: A public hearing will be advertised on October 12, 2025 in The Virginian-Pilot. The public hearing will be held on October 21, 2025. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the lease, change conditions of the lease, or deny leasing the Premises. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager:, 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS 3 WITH T-MOBILE NORTHEAST, LLC FOR 5 PARKING 4 SPACES AT THE 31ST STREET PARKING GARAGE 5 6 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach 7 Development Authority jointly own the condominium known as the 31st Street Parking 8 Garage (GPINs: 2428-02-5017 and 2824-01-5951) (the "Parking Garage"); 9 10 WHEREAS, the 31st Street Parking Garage Condominium Owners Association 11 (the "Association") is responsible for administering the affairs of the Parking Garage; 12 13 WHEREAS, T-Mobile Northeast LLC, a Delaware limited liability company ("T- 14 Mobile") has been leasing 5 parking spaces (the "Premises") on the uppermost level of 15 the Parking Garage since August 1, 2018; 16 17 WHEREAS, T-Mobile is using the Premises for the purpose of installing and 18 maintaining antennas and radio equipment to enhance wireless communication in the 19 City; 20 21 WHEREAS, the current lease expires on November 30, 2025, and T-Mobile 22 desires to enter into a new lease agreement for the use of the Premises for an additional 23 five years; and 24 25 WHEREAS, City staff supports leasing the Premises for the stated purpose as the 26 services provided by T-Mobile will benefit the citizens of the City and will not adversely 27 affect the public's use of the Parking Garage. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager or his designee, as the Association's Executive Officer, is 33 hereby authorized to execute a lease for up to five (5) years between the Association 34 and T-Mobile for the Premises, in accordance with the Summary of Terms attached 35 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed 37 satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 12025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney PY0 Works I Real Estate CA16743 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d006\p05O\O 1078886.doc R-1 October 8, 2025 EXHIBIT A SUMMARY OF TERMS LESSOR: 31st Street Parking Garage Condominium Owners Association (Condominium Unit Owners: City of Virginia Beach and City of Virginia Beach Development Authority) LESSEE: T-Mobile Northeast LLC, a Delaware limited liability company, authorized to transact business in Virginia PREMISES: Five (5) parking spaces located on the uppermost deck of the 31 st Street Parking Garage (GPINs: 2428-02-5017 and 2824-01-5951) TERM: Five (5) years (December 1, 2025 — November 30, 2030) RENT: $20,700 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for maintenance of antennas and radio equipment, and for no other purpose. • Lessee shall comply with all federal, state and local statutes, ordinances and regulations currently in effect or subsequently adopted. • Lessee shall maintain commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). • Lessee shall assume responsibility and liability for any loss or damage resulting from the use of the Premises and shall hold the Lessor harmless for such loss or damage and any related claims. TERMINATION: Either party may terminate the lease by giving sixty (60) days' written notice. LOCATION MAP LASM RD (60 R/A') PRCY06ED(1)r PVC Cm" ■/(1)1-3/6'502 KYBW CABLE (E) PROPERTY UNE PROPOSED T-WOKE - a(1)I'CO/OUT FOR 02 QtEEN } II'■IY LEASE AREA GAOM WIRE ON DURA-DLCK SLEEPERS _TO DELTA SECTOR I l3tp 1 I1t NW STAIR r //`.�� 1ON PROPOSED AMTENU W"T SE AOR D,1WCOLlNfS (L)PARKING GARAGE PAPoQIC �: � 1 �- PROPOSED T-Mow TOP FLOOR I,As LOT K' _ I EO1ri"CABINET W1 To ti I .i \ION 1CN7 NOR-PENETRATHIN STEEL PLATFORM PLATFORM .__-- � __._--•\� 1 ,3 s TP3AKL ANTDDNA ON PROPOSED SLED MOM - an v x WAO1 - / (E) 1 SECTOR C,340' - _ VFpRpI PROPOSED(3) A&4701 PC.200 J on 1 > ` -W OBI E� ANTENNA -SLED V"T �T ILL aAi PO V2 - ,_kr-emoved) I W _ SECTOR 6.26G =' 1lAOIT31DOIf� Q r-) ( �._PROPOSED CONSIRUCTION PNrB A I V PA m _ n1vatA LY 6•■L7 CHAIN Lm - a"24*-M-5017 LOT FDLCE PANELS W/33 as OaIDd( (EDGE PROTECTION SO umm pQ„ OR EOUrvA t) PROPERTY LINE 4 � PROPOSED(1)4 PVC COIDIJri � !r- 1 W/(1)1-3/6'6.12 h-MRD CABLE " a 1 1-CCIDLRT FOR R GREEN - I C HRMIRA-a ERS.d(SLEEP TO ALPHA (E) NORM""molow ua r POLE ILL 4m Illa an lamb -� 1 I !� _PROPOSED(1)4-PVC COWD UT I NR/(1)1-3/6'6.12 HYBRID CARE 1 ON UMSTRLITS ATTACHED TO WALL 1 TO ALPHA SECTOR 2 space .PROPOSED 4'mc ACCESS GATE 1 STAIR TONER -�MWORARY 6•�r1�AWN 111C \i iA t\. FENCE PANELS W/53 LDS O®LOCK (E) ( MOUNT� I 12 - PROTECTION SOLUTIONS PANG MIDNA ` pp A(tD3)WT) I (removed) T-r'bw PANEL ANTENNA I p1.PRO, POSED AID MOLNT,. SEA ITV MY �• 1 ------------------- PR0P06ID(1)4'PVC COIDUT W/(1)1-3/6'602 HYBRID CABLE k 3M ST (1)t'COIOUT FOR 02 GREEN GROUID WIRE ON U#S7RIfTS ATTACHED ON TOP OF (60'R/R) (E)PARAPET WALL TO ALPHA SECTOR 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 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 T-Mobile Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(F) Noo If yes, name Representative: Smartlink Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) See :achment. 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 Noth If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, © e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor © e Disclosure Statement I rev. May-2024 page 1 of 3 SECTION APPLICANT •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 e Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Digitally signed by Shannon Shannon Smith Shannon Smith1 Smith I Date:2025.10.0816.55.'16-04'00' 10/08/2025 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code §2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Key officers and directors with parent/affiliate relationships Below are individuals who serve as officers or directors of T-Mobile (or its parent)and also have relationships to affiliated or parent/subsidiary entities. Role at T-Mobile Person Affiliated/parent/subsidiary relationships /T-Mobile US Timotheus Chairman of the CEO/Management Board of Deutsche Telekorn AG, Hottges Board,T-Mobile which is majority shareholder and parent(i.e. parent US T-Mobile US) Raphael Director,T-Mobile Senior Vice President, Group Controlling, Deutsche Kubler US Telekom (parent) Thorsten Director,T-Mobile Member of the board of management of Deutsche Langheim US Telekom (parent), overseeing U.S. business, etc. Thomas Director,T-Mobile Former CFO of Deutsche Telekom (parent) Dannenfeldt US Marcelo Director,T-Mobile Has his own investment firm (Claure Group)with Claure US portfolio companies; board role interlocks, but not necessarily a direct T-Mobile subsidiary relation. CEO &Director, As officer, he signs on behalf of T-Mobile and also Mike Sievert T-Mobile US facilitates intercompany agreements among subsidiaries. Former CEO & Served as officer and director across parent and John J. Legere Director,T-Mobile subsidiary entities in integration and merger US documents. Business/corporate entities affiliated or in parent-subsidiary relation with T-Mobile US • ADstruc, LLC • APC Realty and Equipment Company, LLC • Assurance Wireless of South Carolina, LLC • Assurance Wireless USA, L.P. • ATI Sub, LLC • Blis USA, Inc. • Breeze Acquisition Sub LLC • Clearwire Communications LLC • Clearwire Legacy LLC • Clearwire Spectrum Holdings II LLC • Clearwire Spectrum Holdings III LLC • Clearwire Spectrum Holdings LLC • Fixed Wireless Holdings, LLC • MetroPCS(various state LLCs: e.g. MetroPCS California, Florida, Georgia, Massachusetts, Michigan, Nevada, New York, Pennsylvania,Texas) • Mint Mobile, LLC • Mint Mobile Incentive Company, LLC • Nextel Systems, LLC • Nextel West Corp. • NSAC, LLC • PRWireless PR, LLC • PushSpring, LLC • Sprint Capital Corporation • Sprint Communications LLC • Sprint Solutions LLC • Sprint Spectrum Realty Company, LLC • T-Mobile Central LLC • T-Mobile Innovations LLC • T-Mobile License LLC • T-Mobile MW LLC • T-Mobile Northeast LLC • T-Mobile Puerto Rico Holdings LLC :r PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday,October 21,2025 at 6:00 p.m.,in the Council Chamber of City Hall - Bldg. 1 at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and conveyed to Barrs Road LLC or an affiliated entity. Three(3)parcels located in Burton Station known as 1229 Barrs Road(GPIN:1459-71-2229),1231 Bans Road(GPIN:1459-71-1387)and 1249 Barrs Road(GPIN:1459-71-3651)to be exchanged for property owned by Barrs Road LLC needed for a future pump station site. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303;hearing Impaired call 711. Any questions concerning this matter should be directed to the Department of Economic Development, 4525 Main Street,Suite 700,Virginia Beach,Virginia 23462,(757)385-6464,ecdev6vb¢vo com. 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 21,2025. 2. Download WebEx and view the meeting at: httoc_://vb¢ov.webex.com/weblink/regist r/rb de8709407512f81811 6 4d7 68a All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-October 12,2025 e� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located on Barrs Road in Burton Station in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into an Agreement for the Exchange of Property Needed for a Future Pump Station Owned by Air Rail Properties, LLC PUBLIC HEARING: October 21, 2025 MEETING DATE: November 18, 2025 ■ Background: The City of Virginia Beach (the "City") owns 3 parcels of land located at 1229 Barrs Road (GPIN: 1459-71-2229), 1231 Barrs Road (GPIN: 1459-71- 1387) and 1249 Barrs Road (GPIN: 1459-71-3651) located in the Burton Station area of the City (the "City Property"). Air Rail Properties, LLC, a Virginia limited liability company, or an affiliated entity ("Air Rail") owns property located on Air Rail Avenue (GPIN: 1459-82-0098) (the Air Rail Property") The City has identified approximately 10,000 sq. ft. of the Air Rail Property needed for a future City pump station site (the "Exchange Parcel"). The City and Air Rail desire to exchange the City Property for the Exchange Parcel on the terms and conditions set forth in the Summary of Terms attached to the Ordinance as Exhibit A. ■ Considerations: The City Property and the Exchange Parcel would be conveyed at no cost to either party. The City would be responsible for subdividing the Air Rail Property to create the Exchange Parcel. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on October 12, 2025, and held on October 21, 2025. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:rho 1 AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED ON BARRS ROAD IN BURTON STATION IN 3 EXCESS OF THE CITY'S NEEDS AND 2) AUTHORIZING 4 THE CITY MANAGER TO ENTER INTO AN AGREEMENT 5 FOR THE EXCHANGE OF PROPERTY NEEDED FOR A 6 FUTURE PUMP STATION OWNED BY AIR RAIL 7 PROPERTIES, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") owns 3 parcels of land located 10 at 1229 Barrs Road (GPIN: 1459-71-2229), 1231 Barrs Road (GPIN: 1459-71-1387) 11 and 1249 Barrs Road (GPIN: 1459-71-3651) located in the Burton Station area of the 12 City (the "City Property"); 13 14 WHEREAS, Air Rail Properties, LLC, a Virginia limited liability company, or an 15 affiliated entity ("Air Rail") owns property located on Air Rail Avenue (GPIN: 1459-82- 16 0098) (the "Air Rail Property"); 17 18 WHEREAS, the City has identified approximately 10,000 sq. ft. of the Air Rail 19 Property needed for a future City pump station site (the "Exchange Parcel"); and 20 21 WHEREAS, the City and Air Rail desire to exchange the City Property for the 22 Exchange Parcel on the terms and conditions set forth in the Summary of Terms 23 attached hereto as Exhibit A. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, 27 28 1. That the City Property described herein is hereby declared to be in excess 29 of the needs of the City of Virginia Beach. 30 31 2. That the City Manager, or his designee, is hereby authorized to execute 32 any and all documents necessary for the conveyance of the City Property as 33 contemplated herein, so long as the documents are substantially in accordance with the 34 terms set forth on the Summary of Terms, attached hereto as Exhibit A, and 35 incorporated herein, and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU FFICIENCY: n 7 Economic Development City Attorney CA16755 \\vbgov.com\d fs 1\appl Ications\cityla%v\cycom32\wpdocs\d018\p051\01055469.docx R-1 10/9/2025 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY PARTIES: City of Virginia Beach ("City") and Air Rail Properties, LLC, a Virginia limited liability company, or an affiliated entity ("Air Rail"") CITY PROPERTY: 1229 Barrs Road (GPIN: 1459-71-2229) 1231 Barrs Road (GPIN: 1459-71-1387) 1249 Barrs Road (GPIN: 1459-71-3651) (Approx. 29,498 sq. ft. total) EXCHANGE PROPERTY: Approximately 10,000 sq. ft. of property owned by Air Rail, identified as GPIN: 1459-82-0098 and located in the 1300 block of Air Rail Avenue ("Air Rail Property") PROPERTY TO BE EXCHANGED: The City Property to be conveyed to Air Rail and the Air Rail Property to be conveyed to the City SALE PRICE: None DUE DILIGENCE: 60 days after execution of Exchange Agreement CLOSING: 90 days after execution of Exchange Agreement, or soon thereafter as all conditions are met, including recordation of the subdivision plat CONDITIONS OF EXCHANGE: • The properties to be exchanged will be conveyed "As-Is", free and clear of all liens and encumbrances. • City and Air Rail will each bear their own closing costs, attorney fees and lender fees (if applicable). • City will be responsible for the preparation and recordation of the subdivision plat to create the Exchange Parcel. M.. City Property LOCATION M A P STORE pQ • ��R u a r Exchange Parcel ,4 l s� �.�� >. • - VIRGINIA Statement 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 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: 1 M as listed on application I jZ c 1 ►A; I , M�'`� Is Applicant also the Owner of the subject property? YesGI-IG'o© If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes{�rNoo if yes, name Representative: Ll Cx A.u= Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes Noo If yes, list the names of ail 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.) �t.,. ( AI- . L-L-C n Ru Z ati! M. (.1} i i i J elC.z �CaIM+r Does the subject property have a proposed or pending purchaser? Yes 0 No if yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No 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. M a y-2024 page 1 of 3 DISCLOSURESECTION 1: APPLICANT SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation © Cl:A&S j;A o Architect/Designer/Landscape O 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent W © Legal Services a 0 � �� G',4M:7 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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. -� ' 4 -X � No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: �y p as listed on application t A— 1*A,- L t-G Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQ400 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? 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 su ject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, ,ry cross-collateralization, etc.) to Real Estate Broker/Agent/Realtor 0 er Accounting/Tax Return Preparation 0 cl- 5 t�•� n Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent or- 0 ��r4 -3 Legal Services 0 0 L 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. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 7-1, 7-10 and 7-59.1 re wheeled devices or vehicles in the Resort Area 2. 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: ALTERNATIVE 1: (ORIGINAL VERSION) any application that creates a more intense use than the then-current approval for such property OR ALTERNATIVE 2: (REVISION 1) any application to rezone property to a high density or a more intense zoning district (Requested by Mayor Dyer and Vice Mayor Wilson) DEFERRAL REQUESTED TO NOVEMBER 18, 2025 3. Resolution to ADOPT the City's 2026 Legislative Agenda 4. Resolution to NOMINATE Thomas M. Leahy, Phillip A. Davenport and J. Barry Frankenfield to the Governor as candidates for the position of local representative for the term of office commencing January 1, 2026, to the Southeastern Public Service Authority (SPSA) 5. Resolution to AUTHORIZE City support for Virginia Beach Restaurant Week (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright (90.77 +/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of$1,523,773 and TRANSFER funds to purchase U.S. Treasury STRIPS 7. Ordinance to DECLARE City-owned property at 333 Laskin Road to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi-family residential, commercial and structured parking facility (Deferred from September 2, 2025) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for sixty (60) months re office space in the Judicial Center at 2425 Nimmo Parkway with the Commonwealth of Virginia, Court of Appeals of Virginia 9. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of an unimproved, unnamed alley adjacent to the rear of 219 54th Street 10. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 551h Street, Unit B 11. Resolution to APPROVE Attainable Workforce Housing Performance Grant to Grand Lakes, LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement; and REQUEST the Virginia Beach Development Authority (VBDA) approve the Grant 12. Resolution to APPROVE Attainable Workforce Housing Performance Grant to The Silo Apts, LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement; and REQUEST the Virginia Beach Development Authority (VBDA) approve the Grant 13. Ordinance to APPROPRIATE $72,000 from the Tourism Investment Program (TIP) fund balance to the FY 2025-26 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Max Media of Hampton Roads, LLC re Party at the Pier concert series to begin April 2026 14. Ordinance to ACCEPT and APPROPRIATE $259,904.75 from the Virginia Opioid Abatement Authority (OAA) to the FY2025-26 Human Services Operating Budget and AUTHORIZE $77,564 as matching funds for Regional Recovery High School re support efforts to mitigate the ongoing opioid epidemic 15. Ordinance to ACCEPT and APPROPRIATE $200,011 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2025-26 Human Services Operating Budget re workforce development programs 16. Ordinance to ACCEPT and APPROPRIATE $300 from the Virginia Department of Emergency Management (VDEM) to the FY 2025-26 Emergency Management Operating Budget re support the activities of local emergency management agencies in establishing, maintaining and operating emergency plans, programs and capabilities to deal with nuclear accidents ( •�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 7-1, 7-10, and 7-59.1 of the City Code Pertaining to Wheeled Devices or Vehicles in the Resort Area MEETING DATE: October 21, 2025 ■ Background: In 2020, the Commonwealth adopted legislation pertaining to the regulation and usage of various wheeled devices, including electric power-assisted bicycles, commonly referred to as "e-bikes". Part of this legislation included classifying e- bikes into one of three categories based on top assisted speed and whether the e-bike can be propelled exclusively by motor. ■ Considerations: The attached ordinance makes two substantive changes to the City Code. First, because the State code does not authorize a locality to prohibit the usage of electric power-assisted bicycles or mopeds on roads, the ordinance removes the prohibition upon a-bikes and mopeds operating on Atlantic Avenue during the resort season. Second, the State code definitions of the three classes of a-bikes are added to the definitions in the City Code. Should the City Council desire to implement regulations specific to one or more classes of e-bikes, it will be important to include the relevant definitions. ■ Public Information: Public notice will be provided through the normal Council agenda process. ■ Recommendations: Approve the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 7-1, 7-10 AND 7- 2 59.1 OF THE CITY CODE PERTAINING TO WHEELED 3 DEVICES OR VEHICLES IN THE RESORT AREA 4 5 Sections Amended: §§ 7-1, 7-10, and 7-59.1 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 7-1, 7-10, and 7-59.1 of the City Code of the City of Virginia Beach 12 is hereby amended and reordained to read as follows: 13 14 Sec. 7-1. Definitions. 15 16 For the purposes of this Chapter, the terms "all-terrain vehicle," "bicycle," "electric 17 personal assistive mobility device," "electric power-assisted bicycle," "golf cart," 18 "highway," "low speed vehicle," "moped," "motor-driven cycle," "motorized scooter," 19 "motorized skateboard," "vehicle," "wheelchair," and "wheel chair conveyance" are 20 defined as set forth in Code of Virginia §§ 46.2-100 and 46.2-1993, as amended. 21 Additionally, the following words shall have the meanings ascribed to them in this 22 section, unless clearly indicated to the contrary: 23 24 Electric power-assisted bicycle: A vehicle that travels on not more than three 25 wheels in contact with the ground and is equipped with (i) pedals that allow propulsion 26 by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an 27 input of no more than 750 watts. Electric power-assisted bicycles shall be classified as 28 follows: 29 30 1. "Class one" means an electric power-assisted bicycle equipped with a motor 31 that provides assistance only when the rider is pedaling and that ceases to 32 provide assistance when the bicycle reaches a speed of 20 miles per hour; 33 34 2. "Class two" means an electric power-assisted bicycle equipped with a motor 35 that may be used exclusively to propel the bicycle and that ceases to provide 36 assistance when the bicycle reaches the speed of 20 miles per hour; and 37 38 3. "Class three" means an electric power-assisted bicycle equipped with a motor 39 that provides assistance only when the rider is pedaling and that ceases to 40 provide assistance when the bicycle reaches the speed of 28 miles per hour. 41 42 Unless otherwise specifically stated, references to electric power-assisted 43 bicycles includes all three classes. 44 45 Electric powered utility cart: A wheeled, externally controlled, battery powered 46 cart, used exclusively for the transportation of personal items or property and not for the 47 conveyance of persons, and that is not classified as an all-terrain vehicle, as defined in 48 Code of Virginia § 46.2-100. 49 50 Resort area: The area, from and including, the sidewalk on the west side of 51 Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street. 52 53 Resort season: The time period from May 1 st through September 30th. 54 55 Riding: This term is used interchangeably throughout this Chapter with the term 56 "operation". 57 58 Surrey: A four-wheeled pedal-powered vehicle capable of seating two (2) or more 59 persons. 60 61 . . . . 62 63 Sec. 7-10. Signs required at rental agencies. 64 65 (a) Mopeds. Each owner of a business intending to rent or lease mopeds to the public 66 shall post a clearly legible sign in a prominent place on his premises where such sign 67 will be seen and read by a reasonably observant customer. Such sign shall contain 68 the following information: 69 70 (1) Operators must be sixteen (16) years or older. 71 72 (2) Valid identification is required of all customers. 73 74 (3) Customers must be familiar with and obey traffic laws. Violations will be 75 prosecuted by police. 76 77 (4) Riding is prohibited on the Boardwalk and the adjacent grassy area and bicycle 78 path, oceanfront parks and plazas, the beach, all city sidewalks. 79 80 81 82 (b) Low-speed vehicles. Each owner of a business intending to rent or lease low-speed 83 vehicles to the public shall post a clearly legible sign in a prominent place on his 84 premises where such sign will be seen and read by a reasonably observant 85 customer. Such sign shall contain the following information: 86 87 (1) Operators must be sixteen (16) years or older to operate. 88 89 (2) Valid driver's license is required of all customers. 90 91 (3) Customers must be familiar with and obey traffic laws. Violations will be 92 prosecuted by police. 93 94 (4) Operation is prohibited on the boardwalk and the adjacent grassy area and 95 bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 96 97 (c) Electric personal assistive mobility devices, electric power-assisted bicycles, 98 motorized skateboards and motorized scooters. Each owner of a business intending 99 to rent or lease electric personal assistive mobility devices, electric power-assisted 100 bicycles and motorized skateboards and motorized scooters to the public shall post 101 a clearly legible sign in a prominent place on his premises where such sign will be 102 seen and read by a reasonably observant customer. Such sign shall contain the 103 following information: 104 105 (1) Operator must be fourteen (14) years or older unless under the immediate 106 supervision of a person who is at least eighteen (18) years old. 107 108 (2) Valid identification is required of all customers. 109 110 (3) Customers must be familiar with and obey traffic laws. Violations will be 111 prosecuted by police. 112 113 (4) Riding is prohibited on the boardwalk and adjacent grassy area and bicycle path, 114 oceanfront parks and plazas, the beach and all sidewalks in the resort area. 115 116 (5) As applicable to electric personal assistive mobility devices, motorized 117 skateboards and motorized scooters: priding is prohibited on Atlantic Avenue 118 from May 1st through September 30th. 119 120 Sec. 7-59.1. Regulations pertaining to riding wheeled devices or vehicles in the 121 resort area. 122 123 (a) During the resort season, it shall be unlawful for any person to ride an 124 electric personal assistive mobility device, eleGtFiG pevvep assisted biGyGle, Fneped, or 125 motorized skateboard on Atlantic Avenue. 126 127 (bJ Notwithstanding the prior subsection, motorized scooters may be operated 128 on the trolley lanes of Atlantic Avenue if riders adhere to the 10 mph speed limit. 129 130 (c) It shall be unlawful at any time for any person to ride on any sidewalk in the 131 resort area an all-terrain vehicle, a bicycle, electric power-assisted bicycle, electric 132 personal assistive mobility device, motorized skateboard, skateboard, scooter, or any 133 pedal-powered vehicle that is muscle-powered or any muscle-powered device. However, 134 the use of roller blades and roller skates is permitted. A violation of this sub-section shall 135 be punished by a civil penalty of not more than fifty dollars ($50.00). 136 137 (d) It shall be unlawful at any time to operate an electric powered utility cart on 138 Atlantic Avenue or upon the sidewalks along Atlantic Avenue, unless a permit is issued 139 by the city manager, or designee, to do so. An electric powered utility cart may be 140 operated on any sidewalk in the resort area other than Atlantic Avenue and may cross 141 Atlantic Avenue for the purpose of accessing the boardwalk or beach. 142 143 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: City Manager's Office Cit Attorne 's Office CA16969 R-2 October 13, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Add Section 2.03 to the City Charter to Protect the Blue Line 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. The proposal is offered in two versions. Both versions include the same definition of the "blue line." 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 original version would apply to any land use application that creates a more intense use than the then-current approval for the property on the effective date of the legislation. The City has received concerns that this version is overly broad and will negatively impact applications to the Agricultural Reserve Program. The Revision 1 version would apply to any rezoning to a higher density or a more intense zoning district. In all instances, 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: Alternative 1: Resolution (Original Version); Exhibit A— Original Version Alternative 2: Resolution (Revision 1); Exhibit A— Revision 1 Alternative 2 — Revision 1 is requested by Mayor Dyer and Vice Mayor Wilson ALTERNATIVE 1 — ORIGINAL VERSION 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 — Original Version, which is incorporated herein, 20 provides the requested 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 Attorney's Office CA16988 R-1 October 15, 2025 EXHIBIT A-ORIGINAL VERSION 5 `4 .. ' 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 approve land use applications 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 ALTERNATIVE 2 — REVISION 1 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 REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE 6 7 WHEREAS, the City Council received a briefing on a proposed Charter 8 Amendment at its September 23, 2025, Workshop; 9 10 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A; 11 12 WHEREAS, after due advertisement, the City Council conducted a public hearing 13 on the proposed Charter Amendment at its October 7, 2025, Formal Session; 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 The City Council hereby requests the General Assembly add Section 2.03 to the 19 City Charter to increase the vote threshold to rezone property to a higher density or a 20 more intense zoning district south of the Blue Line. The attached Exhibit A— Revision 1, 21 which is incorporated herein, provides the requested 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: ity t rney's Office CA16988 R-2 October 15, 2025 EXHIBIT A, REVISION 1 4 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 as an urban services boundary, 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 toot. 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 to rezone property south of the Blue Line to a higher density or a more intense zoning district. 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 application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. 1 �Nu 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 2026 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 � e �,�.� •n^e«u^s LJ ,e i _ 7 _ z;, u .:..., ...mac., ..M.. ... .. -- ...� '. - � V i At = Po Pik , „ e + z. k` tie, _� f�.. f✓ `�I�� ia; �� k a � - 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 8 Protecting the Blue Line 8 VIRGINIA CODE AMENDMENTS 9 De-listing Short-term Rentals 9 Establish the Emergency Responder Grant Fund and Program 10 Expanding the allowable expenses under"Four for Life"funding 11 Increase the Fire Programs Fund 12 Low-impact Utility Markings 13 Marsh Terrace Project Permit 14 Menhaden Fishing Regulation 15 "Pop-Up" Event Zones 16 BUDGET REQUESTS 18 Budget Requests 18 Empowering Local Governments: Funding Unfunded Mandates Through Partnership 19 2 f s«» 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 maintaining the 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 R . 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 critical to 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 I POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that 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 � F t S ,• 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 funding to 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 authority to 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 by the General Assembly to 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 g . 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 as an urban services boundary, 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 to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (proposed language to be determined by 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 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 reducing the long-term costs of treatment. Request: The City of Virginia Beach requests that the General Assembly establish and fund a grant program administered by the Virginia Department of Fire Programs to provide funding to localities for cancer screenings for first responders. 10 � t< t.� } 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. Proposedlanguage 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, supplies, 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 Stich i0eaLit ferr by nonprofit emergency medical services agencies that hold a valid license issued by the Commissioner of Health. 11 (i� w 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 any year 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. 12 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 damaging to property(driveways, landscaping, historic Locations, designated tourism districts,to the extent boundaries are known), "spot" marking or other suitable marking methods shall be used. 13 any -= `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 Bay fish 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." 14 f 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, other vital 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 for the 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. 15 f' „d b 4 . - 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 bywell- 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 responding to 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 16 private, immediately adjacent to or along the designated area. 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 directly from 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 17 3 Y 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 support the Virginia Aquarium's Stranding Program Virginia Aquarium The City of Virginia Beach Language-only request supports the creation of a General Assembly workgroup to evaluate the Virginia Aquarium's future renovation and expansion 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 18 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 • 2025 Proposal: 2.25% local share = $15M/year • 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 19 • 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 40t 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'h state tax=$27.5M/year 6. Modernizing the Sates 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 20 Brent McKenzie Legislative Affairs Director 757-837-9572 bmckenzieovbgov.com Office of the City Manager I Municipal Center Bldg 1 2401 Courthouse Drive 1 Virginia Beach,VA 23456 VirginiaBeach.gov u4 �zJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Make Nominations to the Governor for the SPSA Board MEETING DATE: October 21, 2025 ■ Background: In 2009, the General Assembly added § 15.2-5102.1 to the Virginia Water and Waste Authorities Act to provide for additional governmental oversight of the Southeastern Public Service Authority (SPSA). One of the changes brought about by the 2009 legislation is the appointment of the members of the SPSA Board by the Governor. The statute provides a process whereby a participating locality nominates three persons with general business knowledge for consideration by the Governor. The nominees cannot be elected officials. Thomas M. Leahy serves as the City's local (Governor-appointed) representative on Board of the Southeastern Public Service Authority, and his first full term of four-years expires December 31, 2025. Mr. Leahy currently serves as the Chairman of SPSA. His leadership has been instrumental in bringing forward the recommendation to extend the useful life of the landfill through an innovative partnership with Commonwealth Sortation, LLC. ■ Considerations: The following three persons are suggested for nomination: Thomas M. Leahy; Philip A. Davenport; and J. Barry Frankenfield. Each possesses the requisite knowledge to be an asset to the City and SPSA. If Thomas Leahy is appointed by the Governor, such appointment would be his second consecutive four- year term making him ineligible for reappointment in 2030. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 A RESOLUTION TO MAKE NOMINATIONS TO 2 THE GOVERNOR FOR THE SPSA BOARD 3 4 WHEREAS, Thomas M. Leahy serves as the City's local representative on Board 5 of the Southeastern Public Service Authority (SPSA), and his first full term of four-years 6 expires December 31, 2025; 7 8 WHEREAS, Mr. Leahy currently serves as the Chairman of SPSA, and his 9 leadership has been instrumental in bringing forward the recommendation to extend the 10 useful life of the landfill through an innovative partnership with Commonwealth Sortation, 11 LLC; 12 13 WHEREAS, § 15.2-5102.1 of the Code of Virginia requires the City Council to 14 nominate three persons with general business knowledge to be appointed by the 15 Governor to fill the vacancy on the SPSA Board; 16 17 WHEREAS, the City Staff has reviewed and recommends the three names 18 appearing below for nomination to the Governor. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The following three nominees are to be presented to the Governor for appointment 24 as the Virginia Beach local representative on the Board of SPSA for the term of office 25 commencing January 1, 2026: 26 27 1. Thomas M. Leahy 28 2. Philip A. Davenport 29 3. J. Barry Frankenfield 30 31 BE IT FURTHER RESOLVED, THAT 32 33 The City Manager is hereby directed to transmit a certified copy of this resolution 34 to the Governor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2025. APPROVED AS TO CONTENT: LCt AS TO LEGAL SUFFICIENCY: Department of ublic Works 's Office CA16996 R-1 October 9, 2025 fC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing City Support for Virginia Beach Restaurant Week MEETING DATE: October 21, 2025 ■ Background: For over twenty years, Virginia Beach's Restaurant Week has offered a rich and diverse culinary experience for residents and visitors. Nearly sixty restaurants participate in the event and offer a wide variety of international cuisine, American fare, and seafood. Each restaurant is committed to keeping Virginia Beach's dining scene vibrant and ensuring diners have an enjoyable and rewarding experience. The next Virginia Beach Restaurant Week will take place on January 16 through January 25, 2026 ("January 2026 Event"). ■ Considerations: The City desires to provide marketing and communications assistance to promote the January 2026 Event and to encourage residents and visitors to participate in Virginia Beach Restaurant Week. The City Manager shall direct the City's Communications Office and the Convention and Visitors Bureau's marketing team to work with the Virginia Beach Restaurant Association and provide in-kind City resources to market the January 2026 Event. ■ Public Information: Normal Council Agenda process. ■ Attachment: Resolution REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, AND SCHULMAN. REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, AND SCHULMAN 1 A RESOLUTION AUTHORIZING CITY SUPPORT FOR 2 VIRGINIA BEACH RESTAURANT WEEK 3 4 WHEREAS, for over twenty years, Virginia Beach's Restaurant Week has offered 5 a rich and diverse culinary experience for residents and visitors; and 6 7 WHEREAS, nearly sixty restaurants participate in the event and offer a wide 8 variety of international cuisine, American fare, and seafood; and 9 10 WHEREAS, each restaurant is committed to keeping Virginia Beach's dining scene 11 vibrant and ensuring diners have an enjoyable and rewarding experience; and 12 13 WHEREAS, the next Virginia Beach Restaurant Week will take place on January 14 16 through January 25, 2026 ("January 2026 Event"), and 15 16 WHEREAS, the City desires to provide marketing and communications assistance 17 to promote the January 2026 Event and to encourage residents and visitors to participate 18 in Virginia Beach Restaurant Week. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby expresses its support for the January 2026 Event; 24 and 25 26 That the City Manager is directed to utilize in-kind resources from the City's 27 Communications Office and the Convention and Visitors Bureau's marketing team to 28 assist and support Virginia Beach Restaurant Association with marketing the January 29 2026 Event. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16990 R-1 October 8, 2025 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:�� � 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: Director of Finance City Attorney's Office CA16751 \\vbgov.com\dfs 1\a ppl ications\citylaw\cycom 32\wpd ocs\d 014\p052\01032161.doc R-1 September 25, 2025 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2025-177 SUMMARY OF TERMS SELLER: Bonney 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 EASEMENT AREA: 90.77 acres, more or less DEVELOPMENT POTENTIAL: Fifteen (15) single-family building sites (1 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. - x 2308-67-0487 • + 2308-57-0200 :. ry :. 2308-5"457 • .. g ip m BVIRGINIA CITY CIP 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 APPLICANTDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application La I Is Applicant also the Owner of the subject pro erty Yes If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes No,' If yes, name Representative: Is Applicant a corporation,partnership,firm, business,trust or unincorporated business? YesoNolo 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 1 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® N 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 andfor individual Financing(mortgage, deeds of trust, ® I J.- cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page i of 3 SECTION 1: APPLICANT continued 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 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. Alt `V Applicant acne (Prin Ap Aicant enaturrate 1 "Parent-subsidiory relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): "'a MC Staff e(Print Staff nature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located at 333 Laskin Road to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into a Purchase Agreement for the Sale of the Property to VB Laskin Road LLC PUBLIC HEARING: August 19, 2025 MEETING DATE: October 21, 2025 (Deferred September 2, 2025) ■ Background: The City of Virginia Beach (the "City") owns property located at 333 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 acres) of land (the "Property"). The City has leased the Property to PJ Cheese, Inc. since 2011, which operates a Papa John's Pizza restaurant. The restaurant is in the process of relocating and expects to vacate the Property by Fall 2025. In December 2024, the City issued a Request for Proposals (RFP #ED-24-02) to identify a private party to redevelop the Property. After a review committee evaluated the two responsive proposals, staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an affiliated entity (the "Developer") acquire the Property for redevelopment. The Developer, who owns multiple adjacent parcels, proposed a redevelopment plan consisting of multi-family residential, commercial and a structured parking facility, with an estimated private capital investment of$64 million (the "Project"). City staff and representatives of the Developer have worked to develop a non-binding term sheet (the "Term Sheet") for development of the Project. The Term Sheet sets forth the conditions, obligations and responsibilities of the parties and is attached to the Ordinance as Exhibit A. ■ Considerations: The City would have the right to approve the scope of the Project and would have the right to reacquire the Property should the Developer fail to construct the Project. ■ Public Information: As required by Section 15.2-1800, a public hearing was advertised in The Virginian-Pilot on August 10, 2025, and was held on August 19, 2025. Public information will also be provided through the normal City Council agenda process. On September 2, 2025, City Council deferred this item to October 21, 2025. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: Atp 1 AN ORDINANCE 1) DECLARING CITY PROPERTY LOCATED 2 AT 333 LASKIN ROAD TO BE IN EXCESS OF THE CITY'S 3 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 4 ENTER INTO A PURCHASE AGREEMENT FOR THE SALE 5 OF THE PROPERTY TO VB LASKIN ROAD LLC 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 333 8 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 9 acres) of land (the "Property"); 10 11 WHEREAS, the City acquired the Property subject to a lease to PJ Cheese, Inc., 12 which operates a Papa John's Pizza restaurant; 13 14 WHEREAS, the tenant is in the process of relocating and expects to vacate the 15 Property by Fall 2025; 16 17 WHEREAS, in December 2024, the City issued a Request for Proposals (RFP 18 #ED-24-02) to identify a private party to redevelop the Property; 19 20 WHEREAS, after a review committee evaluated the two responsive proposals, 21 staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an 22 affiliated entity (the "Developer") acquire the Property for redevelopment; 23 24 WHEREAS, the Developer, who owns multiple adjacent parcels, proposed a 25 redevelopment plan consisting of multi-family residential, commercial and a structured 26 parking facility, with an estimated private capital investment of $64 million (the 27 "Project"); 28 29 WHEREAS, City staff and representatives of the Developer have negotiated a 3o non-binding term sheet (the "Term Sheet") for development of the Project, attached 31 hereto as Exhibit A; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of the 34 City's needs and the sale of the Property to the Developer is in the best interests of the 35 City. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA, 39 40 1. That the Property, consisting of approximately 14,246 sq. ft. (0.327 acres), 41 more particularly described on Exhibit B attached hereto and incorporated herein, is 42 hereby declared to be in excess of the needs of the City of Virginia Beach. 43 44 2. That the City Manager, or his designee, is hereby authorized to execute 45 any and all documents necessary for the sale of the Property as contemplated herein, 46 so long as the documents are substantially in accordance with the terms set forth on the 47 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 48 other terms, conditions or modifications as may be acceptable to the City Manager and 49 in a form deemed satisfactory by the City Attorney, 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney EconomWbevelopment CA16735 11vbgov.comldlsIlappl"tionsWtylovi%cycom321%,4-4 %dO3O%po48loto83778.docx R-1 8/5/2025 2 EXHIBIT A TERM SHEET The City of Virginia Beach (the "City") is the owner of the approximately 0.327-acre parcel located at 333 Laskin Road (the "Property"). On December 1, 2024, the City issued its Requests for Proposals (RFP #ED-24-02) (the "RFP") seeking the purchase of the Property by a qualified respondent for the purpose of redevelopment of the Property. After a review of all responsive submittals to the RFP, the City determined that VB Laskin Road LLC (the "Developer") proposed the most beneficial reuse of the Property. Accordingly, representatives of the Developer and the City have discussed terms whereby the Developer would acquire and develop the Property. This Term Sheet is intended to reflect the shared understanding of the parties and their respective commitments. This Term Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval by the Developer and the City Council. Property: 0.327+/- acres of real property located at 333 Laskin Road, Virginia Beach, Virginia (GPIN: 2418-91-8994), more particularly described on Schedule 1, attached hereto. Owner/ Seller: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia. Purchaser/ Developer: VB Laskin Road LLC, a Virginia limited liability company, or affiliated entity. Price: $1.5 M(inclusive of City's easement interest in the alley at 30 '/z Street), subject to downward adjustment up to $300,000 for existing utilities as set forth in Special Terms,below. Due Diligence: Purchaser to have 180 days from execution of purchase agreement to access Property for purpose of conducting studies and other due diligence. Closing: Forty-five (45)days from Site Plan approval including all permits for development of the Parcel. City to retain right to approve scope of Project prior to closing. Either party may terminate if Closing has not occurred within twenty-four months of the date of the Purchase Agreement. Project: The Developer to assemble the Property, along with 1.28+/- acres of adjacent parcels owned or controlled by the Developer (or its affiliates), and 0.16+/- acres of public right-of-way (if vacated after public process) for the purpose of constructing a multi-level,multi-use structure currently planned to consist of(i) 5- 6 levels of multi-family with 215+/-units, and(ii)20,000+/- square feet of ground floor retail/restaurant/office, and (iii) a 5-level parking deck with 330+/- spaces. The Developer's anticipated investment is $64M. 1 Construction Period: 20-30 months from construction commencement. Special Terms: The Developer to apply for closure(or partial closure)of alley known as 30 '/2 Street if right-of-way to be included in Project. The Developer responsible for all utility relocation and dedication of any public or private utility easements necessary for the Project. Recapture: The City to have the right to reacquire the Properly for price paid at Closing if for reasons other than force majeure construction of the Project has not commenced within three (3)years of Closing. Price Adjustment: The Purchase Price may be adjusted downward up to $300,000 should during due diligence the Developer determine that a portion of the Property is undevelopable due to the presence of utilities or other existing impediments. This adjustment shall be $105.30 per square foot based on the size of the impediment. Definitive Documents: The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward,there will be negotiated and prepared a more detailed development agreement that will contain additional terms,conditions and obligations to the terms stated herein. 2 SCHEDULE 1 (Legal Description) ALL THAT certain lot, tract or parcel of land together with the improvements thereon belonging, lying, situated and being in the City of Virginia Beach,Virginia and designated and described as: "SIX GENERAL CORPORATION D.B. 3188, PG. 1176 M.B. 5, PG. 151 GPIN 2418-91-8994," and further designated and described as "AREA TO BE ACQUIRED 14,000 SQ. FT. OR 0.321 ACRES" as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM SIX GENERAL CORPORATION BY THE CITY OF VIRGINIA BEACH FOR LASKIN ROAD GATEWAY PROJECT PHASE 1-A (CIP 2-143) VIRGINIA BEACH,VIRGINIA,"Scale: 1"=25',Dated March 29,2009 and revised through April 21, 2011, prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110426000415010. [Subject to the covenants, conditions,restrictions, and easements of record] 3 LOCATION MAP -non i+ Lp5K1M 3u Not 6" 3f02+t n 316 G < 3�4 370344 � e* 378 33i Lp5K1T�RO 233 400 352 404408 35G -„ Lp 5t,%1y RO W. 305 307 ffi1d0i y7'1'" 3g.32332,3!0 315 » 329 327 p „» dN Itou3 333 Laskin Road 4M (GPIN: 2418-91-8994) 3006 30TN 11 317 t �01 30-T ST w' en w 46 301"5T 2"4 w' Su 310 " 29P 3W>32, �y ;OZN S �. t 2W!AC3 , 2lt6 292.82lQ6 .. ..... .SAT-tt Disclosure VB CITY OF StatementBEACH 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 8eoch requiring action by the City Council, boards, commissions, at, other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application VB Laskin Road, LLC Is Applicant also the Owner of the subject property? Yeso NoQ If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes( No0 if yes, name Representative: Andrew Shiff Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses thot hove a parent- subsidiary' or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Andrew Shiff, Daniel Shiff, Ashley Wiltshire Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed at-pending purchaser: VB Laskin Road, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No • 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 necessory.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Martin Murden,SL Nusbaum 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 0 0 Ashley Gates,Toole,Katz,Roemersma,LLP Architect/Designer/landscape e 0 Poole&Poole Architects Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Timmons Group Legal Services 0 0 Robert P.Beaman III,Troutman, Pepper Locke APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. 90MB I c-96c9-4072-aiP++w&w-«i er Andrew Shiff 804a-716e W60d9 o p2306 9 fk5l15-04W'4d 06/19/2025 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§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 monogennent or control between the business entities. Factors that should be considered in determining the existence of art affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business, trust, or unincorporated business? YesONoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) F_ Does the subject property have a proposed or pending purchaser? Yeso No0 If yes, norne proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 0 If yes, name the official ar employee, and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The norne of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure statement I rev. M a y-2024 page 3 of 3 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Sixty (60) Months with the Commonwealth of Virginia, Court of Appeals of Virginia, for 1,472 Sq. Ft. of Office Space in the Judicial Center Located at 2425 Nimmo Parkway MEETING DATE: October 21, 2025 ■ Background: The Commonwealth of Virginia, Court of Appeals of Virginia (the "Court of Appeals") desires to lease approximately 1,472 sq. ft. of office space in the Judicial Center located at 2425 Nimmo Parkway (the "Premises"). The City and the Court of Appeals have negotiated the terms and conditions of a lease agreement, as set forth in the Summary of Terms attached to the Ordinance as Exhibit A. Considerations: The initial term of the lease would be 60 months (the "Initial Term"), with two additional 60-month renewal options. The City would pay the cost to build-out the Premises, estimated at $420,000. A portion of those costs will be recouped via rent payments, paid monthly, over the Initial Term. To offset the remaining build-out costs, the City Council, in its legislative package, is seeking reimbursement from the Commonwealth of Virginia in the amount of$250,000. ■ Public Information: Public notice will be provided via the normal City Council agenda process. s Alternatives: Approve the lease as presented, modify the terms of the lease, or deny leasing the Premises. ■ (Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms (Exhibit A) Recommended Action: Approval -� Submitting Department/Agency: Public Works / Real Estatelfb 1 City Manager:p 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR SIXTY (60) 3 MONTHS WITH THE COMMONWEALTH OF 4 VIRGINIA, COURT OF APPEALS OF VIRGINIA, FOR 5 1,472 SQ. FT. OF OFFICE SPACE IN THE JUDICIAL 6 CENTER LOCATED AT 2425 NIMMO PARKWAY 7 8 WHEREAS, the Commonwealth of Virginia, Court of Appeals of Virginia (the "Court 9 of Appeals") desires to lease approximately 1,472 sq. ft. of office space in the Judicial 10 Center located at 2425 Nimmo Parkway (the "Premises"); 11 12 WHEREAS, the City would build-out the Premises for use as office space for an 13 appellate judge and support staff; 14 15 WHEREAS, the Court of Appeals has agreed to pay rent totaling $225,000 during the 16 initial term of 60 months, which would reimburse the City for a portion of the cost to build- 17 out the Premises; 18 19 WHEREAS, the initial term of the lease would be 60 months, with two additional 60- 20 month renewal options; and 21 22 WHEREAS, specific terms and conditions of the lease are set forth in the Summary of 23 Terms attached hereto as Exhibit A. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager, or his designee, is hereby authorized to execute a lease 29 agreement with the Commonwealth of Virginia, Court of Appeals of Virginia, so long as the 30 terms and conditions are in substantial conformity with the Summary of Terms, attached 31 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 32 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 33 by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pu licWorks / R' al Es ate City Attorney CA16757 \\v bgov.com\d fs 1\application s\citylavi\cycom 32\wpdocs\d0061p061\01079610.doc R-1 October 9, 2025 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Commonwealth of Virginia, Court of Appeals of Virginia PREMISES: Approximately 1,472 sq. ft. of office space in the Judicial Center located at 2425 Nimmo Parkway, including non-exclusive use of common areas TERM: 60 months ("Initial Term"), with two 60-month renewal options (each, a "Renewal Term") RENT: Rent for the Initial Term: $225,000.00, payable in monthly installments of $3,750.00. Rent for a Renewal Term will be fair market value as agreed by the parties (or if no agreement reached, to be established by a real estate appraiser or broker). RIGHTS AND RESPONSIBILITIES OF THE PARTIES: • City shall build-out the Premises to the specifications as agreed by the parties. • Premises shall be used for general office use or such purpose as Lessee may be authorized by law to use same, provided the use is consistent with zoning regulations. • City shall maintain, repair and replace all structural portions of the Premises and common areas • City shall maintain, repair and replace all equipment and non-trade fixtures, including but not limited to plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment. • City shall provide janitorial services five (5)days per week, excluding holidays. • City shall provide utilities including heating and air conditioning, electricity, gas, water and sewer. • City shall maintain insurance on the Premises and maintain general commercial liability insurance. City may provide for insurance requirements through a program of self- insurance. • All obligations of both parties are subject to appropriation by the applicable governing body. TERMINATION: • Lessee may terminate the lease at the end of the Initial Term or any Renewal by providing 6 months prior written notice to City. • City may terminate the lease upon the expiration of the second Renewal Term. M , Hu�L r '•S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Matthew E. Mancoll and Robin A. Mancoll for the Closure of an Unimproved, Unnamed Alley Adjacent to the Rear of 219 54th Street MEETING DATE: October 21, 2025 ■ Background: On November 14, 2023, by Ordinance ORD-3753P, City Council approved the request by Matthew E. Mancoll and Robin A. Mancoll (the "Applicants") to close approximately 375 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 219 54th Street, for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to approval of the Department of Public Works, and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicants shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. 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 Matthew E. Mancoll and Robin A. Mancoll Page 2 of 2 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 October 8, 2024, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3753P. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3789E, approved the extension until November 13, 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 24, 2025, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3753P. Staff concludes 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: 0" 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF MATTHEW E. MANCOLL AND 4 ROBIN A. MANCOLL FOR THE CLOSURE OF 5 ONE-HALF OF AN UNIMPROVED, UNNAMED 6 ALLEY ADJACENT TO THE REAR OF 219 7 54TH STREET 8 9 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 10 acted upon the application of Matthew E. Mancoll and Robin A. Mancoll (the 11 "Applicants") for the closure of one-half of an unimproved, unnamed alley adjacent to 12 the rear of 219 54th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3753P) to close 15 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 16 conditions being met on or before November 13, 2024; 17 18 WHEREAS, on October 8, 2024, the Applicants requested an extension of time 19 to satisfy the conditions to the aforesaid street closure action and, by Ordinance 20 adopted on November 12, 2024 (ORD-3789E), City Council approved the extension 21 until November 13, 2025; and 22 23 WHEREAS, on September 24, 2025, the Applicants requested an additional one- 24 year extension of time to satisfy the conditions to the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on November 14, 2023 (ORD-3753P), upon application of Matthew E. Mancoll 31 and Robin A. Mancoll, is extended to November 13, 2026. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2025. 35 36 No GPIN assigned (City Right-of-Way) 37 Adjacent to GPIN: 2418-79-6899 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL `) SUFFICIENCY: (ZA WhWzT ow Planning Department City Attorney CA16754 R-1 October 8, 2025 46(NE) SrR,. RS. - E) \\\ 4a: /\ l fit\I `- { + ' '1� 5 • f 1 �f117.{'�.t t •`Uui 1�5 .l✓ 3`t',n: 1 R5R(UE-) RSSR(N D tJ 1, i r 1 7 , w f �+ , R5R(NE)} `?` ® Site N Properly Polygons W E Zoning LOCATION MAP S Building Feet 01020 40 60 80 100 120 Disclosure AM gffii gl NOW g Fes. v 'J' The disclosures contained in this form are necessary to Inform public officials whom a y vote on the applicat ton 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 orothertlody. Applicant disclosure Applicant Name Matthew E.Mancoll&Robin A.Mancoll Does the applicant have a representative? if•]Yes ❑No • If yes,list the name of the representative. A.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern 14 Levi,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?©Yes IN No • If yes,list the names of sit officers,directors,members,trustees,etc.below. (Attach a list if necessary) + If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applk•m. (Attach a rit if necessary) s'Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2.3101. z'Affiliated business entity relationship'means'a relationship,other than parent•subsldlary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(11)a controlling owner in one entity Is also a controlNng 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 of personnel on a regular basis;or there is otherwise a dose working relationship between the entities.' See Stale and Local GovernmentConfllct of Interests Act,Va. Code§2.2.3101. %rersed t 1 0. Al 0 1 P a g e Whitney W. Elliott, Matthew E. Mancoll&Robin A. Mancoll Agenda Item 1 Page 14 ajsclosure Sterr+ nt 'J -f } 7i � tinlfiNO 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 1'No • If yes,what is the name of the official or employee and what Is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•collateraHration,etc)or are they considering any financing In connection with the subject of the application or any businoss operating or to be operated on the property? ®Yes 11 No • If yes,Identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc.jfidewater Home Funding,LLC);The Old Point National Bank of Phoebus 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes 1W No • If yes,Identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the sublett of the appikation or any business operating or to be operated on the property?❑Yes 11 No • If yes,identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landscape architett/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes 10 No • if yes,Identify the firm and individual providing the service. S, Is there anyother pending or proposed purchaser of the subject propefty)❑Yes N No • If yes,Identify the purchaser and purchaser's service providers. ,�ow<r-d t 1 Oa)020 2 111 e p Whitney W. Elliott,Matthew E. Mancoll&Robin A.Mancoll Agenda Item 1 Page 15 f Disclosure Disclosure Statement . �-� .. falittirt�;� t'umnunlil,• 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 1W NO • If yes,Identify the company and Individual providing the service. 7, tMes the applicant have an engineer/surveyor/agent In connecUm with the subject of the application or any business operating or to be operated on the property?N Yes ❑No • If yes,identify the firth and Individual providing the service. Jeffrey D.Williams,Rouse•Sirine Associates,Ltd. R. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be cperated on the property?IN)Yes ❑No • if yes,Identify the firm and Individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been schedu!ed for public hearing.I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,wetlands Board or any public body or committee in connection with this application. ,3 Apl -�iSlgnallure Matthew E.Mancoll Robin A.Mancoll Print Name d Title Date -- __--_ Is the applicant also the owner of the subject property? iti Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. JOR CITY USE ONLYI All disclasureS must be updated two(2)*veks Phor to any Planning Ccimm6%ionina c.tv council meet.11e, that pertains to tile applic.Won% t fj�® No UaryerQar al Date two 2023.10.24 ss�a I V O l(1 J i\J I(4Ps PMt Nant — 1-f08a N Deo Rrvsvd li 09?C10 3 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 16 l StepsNext • 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 757-385-8610. • 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. Whitney W. Elliott,Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 17 r nw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Whitney W. Elliott for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 218 55' Street, Unit B MEETING DATE: October 21, 2025 ■ Background: On November 14, 2023, by Ordinance ORD-3753Q, City Council approved the request by Whitney W. Elliott (the "Applicant") to close approximately 375 square feet of an unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of her property located at 218 55' Street, Unit B, for the purpose of incorporating the closed area into her adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1 . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to approval of the Department of Public Works, and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure-, therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicant shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. 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 Whitney W. Elliott Page 2 of 2 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 October 8, 2024, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3753Q. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3789F, approved the extension until November 13, 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 24, 2025, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3753Q. Staff concludes 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:)�," 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF WHITNEY W. ELLIOTT FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED, UNNAMED ALLEY ADJACENT 6 TO THE REAR OF 218 55TH STREET, UNIT B 7 8 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 9 acted upon the application of Whitney W. Elliott (the "Applicant") for the closure of one- 10 half of an unimproved, unnamed alley adjacent to the rear of 218 55'h Street, Unit B; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3753Q) to close, 13 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 14 conditions being met on or before November 13, 2024; 15 16 WHEREAS, on October 8, 2024, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action and, by Ordinance adopted 18 on November 12, 2024 (ORD-3789F), City Council approved the extension until 19 November 13, 2025; and 20 21 WHEREAS, on September 24, 2025, the Applicant requested an additional one- 22 year extension of time to satisfy the conditions to the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 That the date for meeting conditions of closure as stated in the Ordinance 28 adopted on November 14, 2023 (ORD-3753Q), upon application of Whitney W. Elliott, is 29 extended to November 13, 2026. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 32 of 2025. 33 34 No GPIN assigned (City Right-of-Way) 35 Adjacent to GPIN: 2419-70-6052-0002 APPROVED AS TO LEGAL SUFFICIF_NCY: k&A Planning Department City Attorney CA16758 R-1 October 8, 2025 5.R:( � )a , Site Property Polygons Zoning LOCATION MAP R� E S 0 Building Feet 0 1020 40 60 80 100 120 • j w w w � The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether'they have o conflict of interest under Virginia law. Completion and submission of I his form is required for all applicatio►►s that pertain to City real estate matters or to the development and/or r►se of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, at other bodies, APPLICANT INFORMATION Applicant Name: as listed on application Whitney Elliott Family Trust dated September 23, 2025 Is Applicant also the Owner of the subject property? YesO Noo if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes NoO If yes, name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yest�)Noo If yes, list the names of al/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.) Whitney W, Elliott,Trustee Does the subject property have a proposed or pending purchaser? Yes U No • if yes, none 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, nome the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE ROAD: 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 none of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER jName entity and/or individual) financing(mortgage,deeds of trust, O O MERS 1cross-cotlateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2Q24 page t of .1 i fAPPLICANT • �AIMCV YES No SERVICE PROVIDER j (Numtr(mitll y and/or 111dlvldlral) All riiitrlllfg/i,111!r111/m i'l+)f,:ifdllinl /N.Iliir.rr/{1+;lylir•I/I:1htltLrttrr• � t� 1•rr.lfnt•r.i/I.tnrf{'I�trulfrr t f r,►I,Itor.Nr,N ilint/nr,ff►i C� l E 0 Juffrr,y ll.Willimm,Rou%,(j4j1i1ntj Asiwdalf) 1.d t rryitlr'+,/'.11,yr.yt,l/lil+rrnl {r •11'.f'r�lr+ a ft,f:,ln.,rrl rktfrrrl+,ll,dr„Err1,,1;/�tm,tk urrl<xs,Ahnrn?,tmq.N.C. i'1'I I/;/J I I iA I!111 VA 11011 W AM,I r,.mll II1n1 alllnlfifatalkill f. fill Idni'll/it Ihh,I will is ralriplrlr., frim, rind ilculrrnru,1 fit idel"iIm,d flint, fiptill/vrr•Ipl IJ/uollffrl'lk,n Il►irl Ifit'nppflfailol►fill-.brrlt'IcIll'&1/1,11lot pllhllr, livalliltl, l aril li.:pon:lhh'for oflr/rrlltr(/ fill, !n/IrrrruNli'a plovilhvl hrlf'in fllrrr. yirrrk'. ptlor in Ihr fr►rr.'llnil u/ 11hrnaloy t•olf)ild%-ion, lacy r r,lrrrr fl, V110A, /IWA I11VOIniJrh;11ofird of fifty pilliflc ho ly,r r rnrmill(tr'rr/it i onnrrrlon w11l1111A ill)/JIIIa)f foil, /r"emcmit wif (lrtlllrr�l'ittrij A{► 11;Ilrlluift Date "1 hr/r Nl :illiarlba y N'Jril hill:/r!p"Ins fill s "a l r'Ifillna:h11,t l tat rxAi s whi'n filly r fir pul ollon dlff'rl l y fir lrtrllfry Il y llwil% 'Ihfal't po,4rh'rifiq lilmv!hall!ill pr71 till o/Hu,volint/powl I n/rirint il't rol pot olinrl,"':re 'doll•tfild I n+al Itnip'/nalfa►f 1 oif/!lr 1 a/Ilifriw.h At 1, VA, Cm/f.it%,7 1101. "/+.J/ilirrlrrl/rrr;lnrr;;r ir111 y Jr f+illr;nsl►Ip"ittrriiJ "rr it'hillullshlp, nllirr tfirrri parr.rll ;n11"Ithmy I r/alb in ddll, rlfrll r!t J:w/w/ 1 ow,1f11:1Nr':,rydllylill';if rullifolllt,tl oWmrt'.1011#Ililr►r':1 /it Iliv ulhr'i hn'.lnr:,will y, (if) If Irintrrifliliq iI/wifff 1n(Jiff villPy A.nh,n iI rnmla1111,i1 imfirrr fit tilt'1,111r•1 i'nffly, of (111)Ihort'A "►laird I+rrnNtr/r•fnI'1J1 Ill I olitrrrllf0Vl+rrfl Illrr hu"ho"",r'rllfilr"•, I ill Ins: 11Jn1 slinulll he(orl:ith'ivd it)dor lmildful Ill$,,'flat ill v it/fill af/11N11 r11 hlJ',11►J"I,mill y i hillow.hlp/fit hidt, thol Ihr' '•null,pl,f-am ui '.111►•Ilintlolly ilw ;rrrN+'IWI Will oWI)fir Iffolm lt'Ihf,Iml rullllr:;ihrir iiIf,I willnoll nJ i trfnnJlrliflyd lillid:fit n,5r i,;Ult, llrr:low".1'110110 , :llullf flu'n:n it/I/w wme 1#1l1i r':of vinployrr•'. of othrtwl:r• :hair 1101virk•'., rr••.o(ilf r•, of pf-/:utrnr'irill a frvlillrrl I,Iia:;In lhrff11 f:(lflu•1tN)l:r(I rlo;n will Hill/rrfuUom.hlll hetwrrrl thr tvllifir,.'• '.r•, ,IIifI,rnpiil,r WI)rli/I'tflitllgil f fit►/11i I IIf IllI,-i ,P.Ar 1, Va: I otlt' li t off CITY tAf ONLY, list 11"Ifig"', We fit IfIllfIt): 1.10111 ilrlinv l{r11111) rrlflll 'r11;fhAilllf Mill, (ii '1wfill; id'di:nu-ill it, Ill i Nrlrt 7 PROlERTY OWNER INFORMATION Property Owner Name: as listc?d on application The Linda Eaton Golding Amended& Restated Revocable Trust a/a/d April 22, 1992 Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoO if yes, list the names of oil 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.) Linda Eaton Golding,Trustee Does the subject property have a proposed or pending purchaser? Yeso No0 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No0 If 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 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 0 ` PROPERTY OWNER CERTIFICATION READ: i certify that all information contained in this Form is complete, true, and accurate. 1 understand thot, 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. Linda Eaton Golding, Trustee �7 i •��iL �'�a�c,,� i Property Owner Name (Print) Property Owner Si ature Date t)isdosure Statement ( rev. May-202.4 � page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution (1) Approving Attainable Workforce Housing Performance Grant to Grand Lakes, LP, (2) Authorizing the City Manager to Execute the Grant Agreement and Support Agreement and (3) Requesting that the City of Virginia Beach Development Authority Approve the Grant MEETING DATE: October 21, 2025 ■ Background: In 2022, the Virginia General Assembly amended the Industrial Development and Revenue Bond Act (Va. Code §§15,2-4900 et seq.) authorizing development authorities, in conjunction with their local governing bodies, the power to make grants associated with the construction of affordable housing. In furtherance of its priority to increase affordable housing in the City of Virginia Beach, on April 1, 2025, City Council approved an Ordinance adopting the Attainable Workforce Housing Performance Grant Program (the "Program") and requested the City of Virginia Beach Development Authority (the "Authority") also adopt the Program. On May 13, 2025, the Authority approved a Resolution adopting the Program. In accordance with Program, after receiving an application for participation, the City Manager is to evaluate whether a proposed project meets eligibility requirements and, if so, present proposed terms for a grant to City Council and the Authority for review and approval. If eligible, the amount of a grant under the Program is equal to a percentage of the incremental real estate taxes paid once the project is constructed. The increment is calculated as the difference between the taxes paid at the project site prior to commencement of the project and those paid after completion. The percentage of the incremental taxes paid as a grant is based on the percentage of units to be constructed and restricted as "affordable units", as defined in the Program, and the percentage of residential square footage for the project, capped at 100%. A grant amount of two (2) times the Performance Grant Percentage, up to 100% of the incremental value, is available to a qualified property when twenty percent (20%) or more of the residential units are affordable at or below 50% of the Area Median Income. The amounts subject to this increase are not subject to the amount of incremental new real estate taxes. The grant is annual and last for up to 30 years if the owner complies with the terms of the grant agreement Grand Lakes, LP, a Virginia limited partnership ("Grand Lakes"), proposes to construct apartments on approximately 6.8 acres of land located at 5366 Virginia Beach Blvd. (a portion of GPIN: 1467-68-0155) (the "Project'). Grand Lakes has applied for a grant under the Program in connection with the Project, on the terms and conditions set forth on Exhibit A attached to the Ordinance. The Project would include 172 apartment units for seniors. Staff has determined that the application of Grand Lakes meets the eligibility requirements and recommends approval. As the Project proposes that 100% of the units constructed will be affordable, the amount of the grant proposed is 100% of the incremental real estate taxes generated at the Project. ■ Considerations: Grants made under the Program would induce recipients to construct and operate affordable housing, resulting in significant investment and economic development in the City. Grants are paid solely from incremental real estate taxes generated by the Project, which results in no direct fiscal impact to the General Fund. ■ Public Information: All public information will be handled through the normal agenda process. ■ Recommendations: Approval. ■ Attachments: Resolution, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Submitting Department/Agency: Dept of Housing and Neighborhood Preservation 'A City Manager: �V- 1 RESOLUTION (1) APPROVING ATTAINABLE WORKFORCE 2 HOUSING PERFORMANCE GRANT TO GRAND LAKES, LP, 3 (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE 4 GRANT AGREEMENT AND SUPPORT AGREEMENT AND (3) 5 REQUESTING THAT THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY APPROVE THE GRANT 7 8 WHEREAS, in 2022, the Virginia General Assembly amended the Industrial 9 Development and Revenue Bond Act allowing development authorities, in conjunction 10 with their local governing bodies, the power to make grants associated with the 11 construction of affordable housing; 12 13 WHEREAS, in furtherance of its priority to increase affordable housing in the City, 14 on April 1, 2025, City Council approved an Ordinance adopting the Attainable Workforce 15 Housing Performance Grant Program (the "Program") and requested the City of Virginia 16 Beach Development Authority (the "Authority") also adopt the same; 17 18 WHEREAS, on May 13, 2025, the Authority approved a Resolution adopting the 19 Program; 20 21 WHEREAS, Grand Lakes, LP, a Virginia limited partnership ("Grand Lakes"), 22 proposes to construct apartments on approximately 6.8 acres of land located at 5366 23 Virginia Beach Blvd. (a portion of GPIN: 1467-68-0155) (the "Project"). 24 25 WHEREAS, Grand Lakes has applied for a grant under the Program in 26 connection with the Project, on the terms and conditions set forth in the Summary of 27 Terms, attached hereto as Exhibit A (the "Grant"); 28 29 WHEREAS, Staff has determined that the application of Grand Lakes meets the 30 eligibility requirements and recommends approval; 31 32 WHEREAS, the grant would be paid by the Authority to Grand Lakes pursuant to 33 the terms of a Grant Agreement; and 34 35 WHEREAS, in accordance with the Program, the City and the Authority would 36 enter into a Support Agreement, wherein the City would agree to provide sufficient 37 funds to the Authority to meet its obligations set forth in the Grant Agreement 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That City Council hereby approves the Program grant to Grand Lakes and 43 authorizes the City Manager, or authorized designee, to execute a Grant Agreement 44 and Support Agreement, so long as such documents are in substantial conformity with 45 the terms set forth in the Summary of Terms, attached hereto as Exhibit A, and made a 46 part hereof, and such other terms, conditions or modifications as may be acceptable to 47 the City Manager and in a form deemed satisfactory by the City Attorney. 48 2. That City Council requests and recommends that the Authority adopt a 49 Resolution approving the Program grant to Grand Lakes on the same terms and 50 conditions set forth herein. 51 52 3. Incremental real estate taxes subject to the Grant Agreement and Support 53 Agreement are hereby dedicated to the Program and are not subject to the City/Schools 54 Revenue Sharing Policy. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 57 of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 12, 1,44 e e— Department of Housing and City Attorney Neighborhood Preservation CA16760 \\vbgov.comld fs 1\a pp lications\ci tylaw\cycom 321wpdocs\d0071p 055\0I 079298.doc October 10, 2025 R-1 EXHIBIT A SUMMARY OF TERMS Attainable Workforce Housing Grant Program Grantor: The City of Virginia Beach Development Authority ("Authority") Recipient: Grand Lakes, LP, a Virginia limited partnership Property: Approx. 6.8 acres located at 5366 Virginia Beach Blvd. Portion of GPIN: 1467-68-0155. Grant Amount: An amount equal to 100% of incremental real estate taxes with the increment calculated as the difference between real estate taxes paid in fiscal year FY25-26 (the "Base Real Estate Tax Revenue") and those paid each year after completion of the Project, defined below. Grant Term: 15 years, with an option to renew for an additional 15 years if Recipient makes the Reinvested Capital Improvements in the Project in the first 15 years. Total term is 30 years. Project: • New Construction at the Property. • 172 multi-family apartment units for seniors. • 100% affordable units serving household with an average income 60% of the Area Median Income • Grant Amount = 100% of incremental real estate taxes. • Reinvested Capital Improvements $1,720,000. • Estimated Project Gap: $2,150,000. Other Terms: • City and Authority obligations under the Grant Agreement are subject to funds being appropriated and budgeted by City Council. • Administrative fee: 1% of grant payment to be paid by Recipient to Authority to cover administrative expenses for managing the grant. • Strive for goal of 50% small, woman, and minority (SWaM) business participation during the construction phase of development and require reporting of expenditures to the City's SWaM Office. LOCATION MAP e , s Q n y = 3 '� K M , «» Ae k r Project: Approx. 6.8 Acre Portion of Parcet `� ` t �' ` f t? MR f �tr r e 5366 Virginia Beach Blvd. " F �okIHsa� . ._.� (GPIN: 1467-68-0155) AU " � r w., a „ cIN y 4� 4P? � l .,,, " qC 9�y0urC F a he 2 OF VB Disclosure Statement 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 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 Grand Lakes, LP Is Applicant also the Owner of the subject property? Yeso No@ if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes@ NoO if yes, name Representative: Robert P. Beaman III, Esq. -Troutman Pepper Locke LLP Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes@Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary-'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes(!) No If yes,name proposed or pending purchaser: Applicant. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso 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. M a y-2024 page 1 of 3 SECTION APPLICANT • l DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape (D Q Cox, Kliewer&Associates(Herb Shartle) Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent (D (D Timmons Group(John Zaszewski) Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. GRAND LAKES, LP BY: � Applicant Name (Print) plicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Grand Lakes,LP Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees,partners,etc.,below: 1. Applicant's Name: Grand Lakes,LP 2. Managers of Grand Lakes, LP: a. Wendell C.Franklin b. W. Taylor Franklin 3. General Partner of Grand Lakes, LP: a. Grand Lakes GP, LLC (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Group Companies,LLC b. FGC Canopy Office,LLC C. FGC Canopy Outparcel, LLC d. Southern23,LLC e. TFJG Canopy,LLC f. 925 Apts. I,LP g. 925 Apts,11,LP h. F&J Developers,LLC i. Shorehaven Developers,LLC j. Pickett Farms Developers,LLC k. GreenPlain Properties,LLC 1. Aquia Apts.,LLC In. Aquia GP,LLC n. Aquia Developers,LLC o. Kellingwood Apartments,LLC p. Franklin Johnston Associates,LLC q. Southern Pine One,LLC r. Quill Developers, LLC 1. South Riding Apts LP M. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts. LP q. BelleHarbour GP,LLC r. Fountain Park Apts LP S. Fountain Park GP, LLC t. South Riding 11 LP U. South Riding 11 GP,LLC V. SLN 5100 LP W. SLN 5100 GP, LLC X. Heritage Forrest 11 GP,LLC y. I Square Apartments LP Z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP, LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP, LLC gg. Quill GP, LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP jj. Shorehaven GP, LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP oo. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC ff. TFJG Price Street Apts. I,LP ss. TFJG Price Street GP 1,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts. GP I,LLC vv. Renaissance Apts. GP II, LLC ww. Renaissance Apts. III,LLC xx. Renaissance I Developers, LLC yy. Renaissance II Developers, LLC zz. Renaissance Apts. I,L.P. aaa. Renaissance Apts. II, L.P. bbb. TFJG Wesleyan Holdings, LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. 1I,LP fff. TFJG Price Street GP II, LLC ggg. Clairmont Associates I, LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC jjj. Clairmont Associates GP II,LLC kkk. Franklin Asset Management 111. Curlew Apts. I., LP mmm. Curlew Apts. GP I,LLC nnn. Summerland Heights I1, LP 000. Summerland Heights II GP, LLC SECTIONPROPERTY OWNER • PROPERTY OWNER INFORMATION Property Owner Name: as listed on application TAA Corporate Center Office Property, LLC Is the Owner a corporation, partnership,firm, business, trust, or unincorporated business? Yesq No0 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.) Please see attached Exhibit B. Does the subject property have a proposed or pending purchaser? Yese No0 If yes, name proposed or pending purchaser. Same as Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes© 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 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Q 0 Thalhimer(Clark Simpson) Accounting/Tax Return Preparation Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 O Legal Services 0 1 O PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property wne Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM. Resolution (1) Approving Attainable Workforce Housing Performance Grant to The Silo Apts., LP, (2) Authorizing the City Manager to Execute the Grant Agreement and Support Agreement and (3) Requesting that the City of Virginia Beach Development Authority Approve the Grant MEETING DATE: October 21, 2025 ■ Background: In 2022, the Virginia General Assembly amended the Industrial Development and Revenue Bond Act (Va. Code §§15,2-4900 et seq.) authorizing development authorities, in conjunction with their local governing bodies, the power to make grants associated with the construction of affordable housing. In furtherance of its priority to increase affordable housing in the City of Virginia Beach, on April 1, 2025, City Council approved an Ordinance adopting the Attainable Workforce Housing Performance Grant Program (the "Program") and requested the City of Virginia Beach Development Authority (the "Authority') also adopt the Program. On May 13, 2025, the Authority approved a Resolution adopting the Program. In accordance with Program, after receiving an application for participation, the City Manager is to evaluate whether a proposed project meets eligibility requirements and, if so, present proposed terms for a grant to City Council and the Authority for review and approval. If eligible, the amount of a grant under the Program is equal to a percentage of the incremental real estate taxes paid once the project is constructed. The increment is calculated as the difference between the taxes paid at the project site prior to commencement of the project and those paid after completion. The percentage of the incremental taxes paid as a grant is based on the percentage of units to be constructed and restricted as "affordable units", as defined in the Program , and the percentage of residential square footage for the project, capped at 100%. A grant amount of two (2) times the Performance Grant Percentage, up to 100% of the incremental value, is available to a qualified properly when twenty percent (20%) or more of the residential units are affordable at or below 50% of the Area Median Income. The amounts subject to this increase are not subject to the amount of incremental new real estate taxes. The grant is annual and lasts for up to 30 years if the owner complies with the terms of the grant agreement. The Silo Apts., LP, a Virginia limited partnership ("Silo"), proposes to construct apartments on approximately 8.5 acres of land located at 2641 Princess Anne Road (GPIN: 1494-54-6842 and portion of GPIN: 1494-64-1457) (the "Project"). Silo has applied for a grant under the Program in connection with the Project, on the terms and conditions set forth on Exhibit A attached to the Ordinance. The Project would include 200 multi-family apartment units. Staff has determined that the application of Silo meets the eligibility requirements and recommends approval. As the Project proposes that 100% of the units constructed will be affordable, the amount of the grant proposed is 100% of the incremental real estate taxes generated at the Project. ■ Considerations: Grants made under the Program would induce recipients to construct and operate affordable housing, resulting in significant investment and economic development in the City. Grants are paid solely from incremental real estate taxes generated by the Project, which results in no direct fiscal impact to the General Fund. ■ Public Information: All public information will be handled through the normal agenda process. ■ Recommendations: Approval. ■ Attachments: Resolution, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Submitting Department/Agency: Dept of Housing and Neighborhood Preservation City Manager:/f�(/ ' 1 RESOLUTION (1) APPROVING ATTAINABLE WORKFORCE 2 HOUSING PERFORMANCE GRANT TO THE SILO APTS., LP, 3 (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE 4 GRANT AGREEMENT AND SUPPORT AGREEMENT AND (3) 5 REQUESTING THAT THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY APPROVE THE GRANT 7 8 WHEREAS, in 2022, the Virginia General Assembly amended the Industrial 9 Development and Revenue Bond Act allowing development authorities, in conjunction 10 with their local governing bodies, the power to make grants associated with the 11 construction of affordable housing; 12 13 WHEREAS, in furtherance of its priority to increase affordable housing in the City, 14 on April 1, 2025, City Council approved an Ordinance adopting the Attainable Workforce 15 Housing Performance Grant Program (the "Program") and requested the City of Virginia 16 Beach Development Authority (the "Authority") also adopt the same; 17 18 WHEREAS, on May 13, 2025, the Authority approved a Resolution adopting the 19 Program; 20 21 WHEREAS, The Silo Apts., LP, a Virginia limited partnership ("Silo"), proposes to 22 construct apartments on approximately 8.5 acres of land located at 2641 Princess Anne 23 Road (GPIN: 1494-54-6842 and portion of GPIN: 1494-64-1457) (the "Project"). 24 25 WHEREAS, Silo has applied for a grant under the Program in connection with 26 the Project, on the terms and conditions set forth in the Summary of Terms, attached 27 hereto as Exhibit A (the "Grant"); 28 29 WHEREAS, Staff has determined that the application of Silo meets the eligibility 30 requirements and recommends approval; 31 32 WHEREAS, the grant would be paid by the Authority to Silo pursuant to the 33 terms of a Grant Agreement; and 34 35 WHEREAS, in accordance with the Program, the City and the Authority would 36 enter into a Support Agreement, wherein the City would agree to provide sufficient 37 funds to the Authority to meet its obligations set forth in the Grant Agreement 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That City Council hereby approves the Program grant to Silo and 43 authorizes the City Manager, or authorized designee, to execute a Grant Agreement 44 and Support Agreement, so long as such documents are in substantial conformity with 45 the terms set forth in the Summary of Terms, attached hereto as Exhibit A, and made a 46 part hereof, and such other terms, conditions or modifications as may be acceptable to 47 the City Manager and in a form deemed satisfactory by the City Attorney. 48 2. That City Council requests and recommends that the Authority adopt a 49 Resolution approving the Program grant to Silo on the same terms and conditions set 50 forth herein. 51 52 3. Incremental real estate taxes subject to the Grant Agreement and Support 53 Agreement are hereby dedicated to the Program and are not subject to the City/Schools 54 Revenue Sharing Policy. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 57 of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Housing and City Attorney Neighborhood Preservation CA16761 \'',vbgov.com\dts 1\a ppl icatio nslcitylaw\cycon1 32\vvpdocs\d009\p053\01080079.doc October 13, 2025 R-1 EXHIBIT A SUMMARY OF TERMS Attainable Workforce Housing Grant Program Grantor: The City of Virginia Beach Development Authority ("Authority") Recipient: The Silo Apts., LP, a Virginia limited partnership Property: Approx. 8.5 acres located at 2641 Princess Anne Road (GPIN: 1494- 54-6842 and Portion of GPIN: 1494-64-1457) Grant Amount: An amount equal to 100% of incremental real estate taxes with the increment calculated as the difference between real estate taxes paid in fiscal year FY25-26 (the "Base Real Estate Tax Revenue") and those paid each year after completion of the Project, defined below. Grant Term: 15 years, with an option to renew for an additional 15 years if Recipient makes the Reinvested Capital Improvements in the Project in the first 15 years. Total term is 30 years. Project: • New Construction at the Property. • 200 multi-family apartment units. • 100% affordable units serving household with an average income 60% of the Area Median Income • Grant Amount = 100% of incremental real estate taxes. • Reinvested Capital Improvements $2,000,000. • Estimated Project Gap: $2,775,000. Other Terms: • City and Authority obligations under the Grant Agreement are subject to funds being appropriated and budgeted by City Council. • Administrative fee: 1% of grant payment to be paid by Recipient to Authority to cover administrative expenses for managing the grant. • Strive for goal of 50% small, woman, and minority (SWaM) business participation during the construction phase of development and require reporting of expenditures to the City's SWaM Office. LOCATION MAP Crossing Po r r / .✓ r � PROJECT: Approx. 8.5 Acres (GPIN: 1494-54-6842 a n d �x Portion of GPIN: 1494-64-1457) GPIN: 1494-54-6842 ,. (6.25+/-Acres) f I�Istr`<; GPIN:1494-64-1457 'O,p +11�-k (9.13+/-Acres) ` Q4: r t -"v: ,, `Fop f✓ '�,. �,�° DisclosureCITY OF VIRGINIA V8- I 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 DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application The Silo Apts., LP 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@ NoC) If yes,name Representative: Robert P. Beaman III, Esq. -Troutman Pepper Locke LLP Is Applicant a corporation,partnership,firm, business,trust or unincorporated business? Yes@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.) See attached list. Does the subject property have a proposed or pending purchaser? Yes Q9 No If yes, name proposed or pending purchaser: Applicant. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoE) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O 0 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape (D Q Cox, Kliewer&Associates(Herb Shartle) Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent Q Timmons Group(John Zaszewski) Legal Services 01 Troutman Pepper Lock LLP(Robert Beaman) APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. The Silo Apts., LP BY: /.TcLt' r rinKf' ve/c !o ao Applicant Name (Print) Applic nt 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(l)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): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 The Silo Apts.,LP Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees,partners,etc.,below: 1. Applicant's Name: The Silo Apts.,LP 2. Managers of The Silo Apts.,LP: a. Wendell C.Franklin b. W. Taylor Franklin 3. General Partner of The Silo Ants.,LP: a. The Silo Apts. GP,LLC (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Group Companies,LLC b. FGC Canopy Office,LLC C. FGC Canopy Outparcel, LLC d. Southern23,LLC e. TFJG Canopy,LLC f. 925 Apts. I,LP g. 925 Apts,H,LP h. F&J Developers,LLC i. Shorehaven Developers,LLC j. Pickett Farms Developers,LLC k. GreenPlain Properties,LLC 1. Aquia Apts.,LLC In. Aquia GP, LLC n. Aquia Developers,LLC o. Kellingwood Apartments,LLC p. Franklin Johnston Associates,LLC q. Southern Pine One,LLC r. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP S. Fountain Park GP, LLC t. South Riding II LP U. South Riding II GP,LLC V. SLN 5100 LP W. SLN 5100 GP,LLC X. Heritage Forrest II GP,LLC y. I Square Apartments LP Z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP, LLC gg. Quill GP,LLC hh. River House Apts., LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP oo. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC ff. TFJG Price Street Apts. I,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I,LLC vv. Renaissance Apts. GP II, LLC ww. Renaissance Apts. III, LLC xx. Renaissance I Developers, LLC yy. Renaissance II Developers, LLC zz. Renaissance Apts. I,L.P. aaa. Renaissance Apts. II,L.P. bbb. TFJG Wesleyan Holdings, LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. II,LP fff. TFJG Price Street GP II, LLC ggg. Clairmont Associates I, LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC jjj. Clairmont Associates GP II, LLC kkk. Franklin Asset Management 111. Curlew Apts. I., LP mmm. Curlew Apts.GP I, LLC nnn. Summerland Heights II, LP 000. Summerland Heights II GP,LLC ppp. Grand Lakes, LP qqq. Grand Lakes GP, LLC SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Southern23, LLC Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yes@No® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes& Noo If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® 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 I NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, Q TowneBank cross-col late ralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 e Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Legal Services o 0 Robert P. Beaman III-Troutman Pepper Locke 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 o com tee in connection with this application. Southem23, LLC BY: - Property Owner Name (Print) Prop rty Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name:Heartsille Reynolds, Portia McGraw,Sharon McPherson, Edward Thomas&Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? Yes@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.) Trustees: Heartsille Reynolds, Portia McGraw,Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes@ No0 If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o No(D If yes, name the official or employee, and describe the nature of their interest. F_ 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, E) © Atlantic Union Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 ® Prodigy Realty-Joshua Britt Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent © 0 Legal Services Q © Sykes, Bourdon, Ahem &Levy-James T. Cromwell PROPERTY OWNER CERTIFICATION READ: i certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three wee to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any publi ody or ommittee in connection with this a placation. Heartsille Reynolds, Trustee Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name:Heartsille Reynolds,Portia McGraw,Sharon McPherson,Edward Thomas&Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner a corporation,partnership,firm, business,trust,or unincorporated business? Yes@No® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Ittartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? YesO No0 If yes, name proposed or pending purchaser: Franklin Group Companies, LLC,a Virginia limited liability company KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No0 name the offi�-:w or emoJo; ee, and describe the nature , f 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 0 Atlantic Union Bank cross-col lateral ization, etc.) Real Estate Broker/Agent/Realtor 0 Q Prodigy Realty-Joshua Britt Accounting/Tax Return Preparation © 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 0 Legal Services 0 0 Sykes, Bourdon,Ahern&Levy-James T. Cromwell PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee i nnection with this application. Portia McGraw, Trustee ti � *-- - �' Property Owner Name (Print) Propertybwner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name:Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas&Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yes@Nok—) 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.) Ittartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas,and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes@ Noo If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No@ If yes, name the official or employee, and describe the nature of their interest. F_ 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 Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor @ Prodigy Realty-Joshua Britt Accounting/Tax Return Preparation ® @ Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor ® @ Engineer/Surveyor/Agent © @ Legal Services @ O Sykes, Bourdon,Ahern &Levy-James T. Cromwell PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Sharon McPherson, Trustee 3/&3 106( Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name;Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas&Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? Yes@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 Z relationship with the applicant. (Attach list if necessary.) Trustees: Heartsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas,and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes(D Noo If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, (s) ® Atlantic Union Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor G 0 , Prodigy Realty-Joshua Britt Accounting/Tax Return Preparation 0 G Architect/Designer/landscape ® O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Legal Services r @ 0 Sykes, Bourdon,Ahern&Levy-James T. Cromwell PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Edward Thomas, Trustee Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name:Heartsille Reynolds, Portia McGraw, Sharon McPherson,Edward Thomas&Ronald Hayes, as listed on application Turning Point Church and Ministries Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? Yes�No0 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Trustees: !artsille Reynolds, Portia McGraw, Sharon McPherson, Edward Thomas, and Ronald Hayes Does the subject property have a proposed or pending purchaser? Yes No© If yes, name proposed or pending purchaser: Franklin Group Companies, LLC, a Virginia limited liability company KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 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, (F) ® Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor G 0 Prodigy Realty-Joshua Britt Accounting/Tax Return Preparation ® G Architect/Designer/Landscape ® Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 G Legal Services 0 ® Sykes, Bourdon,Ahem &Levy-James T. Cromwell PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Ronald Hayes, Trustee Property Owner Name (Print) Pro�P4,rt-f 6Wner ature Date Disclosure Statement I rev. May-2024 page 3 of 3 Southern23,LLC Owner Disclosures The names of all officers, directors, members, or trustees AND businesses that have a parent- subsidiary or affiliated business entity relationship with the owner. 1. Owner's Name: Southern23,LLC,a Virginia limited liability company 2. Managers of Southern23, LLC: a. Wendell C.Franklin b. W.Taylor Franklin 3. Members of Southen23, LLC: a. Wendell C. Franklin b. W.Taylor Franklin C. Thomas M.Johnston (A) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Group Companies, LLC(formerly known as Franklin Johnston Group Management&Development, LLC) b. FGC Canopy Outparcel,LLC C. Southern23, LLC d. TFJG Canopy,LLC e. 925 Apts. I, LP f. 925 Apts, Il, LP g. F&J Developers,LLC h. Shorehaven Developers,LLC i. Pickett Farms Developers, LLC j. GreenPlain Properties,LLC k. Aquia Apts.,LLC 1. Aquia GP, LLC in. Aquia Developers,LLC n. Kellingwood Apartments, LLC o. Franklin Johnston Associates,LLC p. Southern Pine One, LLC q. Quill Developers,LLC 1. South Riding Apts LP in. South Riding GP, LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p. Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP S. Fountain Park GP, LLC t. South Riding 11 LP U. South Riding II GP, LLC V. SLN 5100 LP W. SLN 5100 GP, LLC X. Heritage Forrest II GP, LLC y. I Square Apartments LP Z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP, LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP, LLC gg. Quill GP, LLC hh. River House Apts., LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP oo. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq• Woodberry Forest Apts LLC rr. TFJG Price Street Apts. 1, LP ss. TFJG Price Street GP I, LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I,LLC vv. Renaissance Apts. GP II, LLC ww. Renaissance Apts. II1, LLC xx. Renaissance I Developers,LLC yy. Renaissance II Developers, LLC zz. Renaissance Apts. 1, L.P. aaa. Renaissance Apts. 11, L.P. bbb. TFJG Wesleyan Holdings, LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. II, LP ff. TFJG Price Street GP II, LLC ggg. Clairmont Associates 1, LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC b. Clairmont Associates GP II, LLC kkk. Franklin Asset Management 111. Curlew Apts. I., LP mmm. Curlew Apts. GP I, LLC nnn. Summerland Heights II, LP 000. Summerland Heights I1 GP, LLC i 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Tourism Investment Program Fund and to Authorize a Sponsorship Agreement for Party at the Pier MEETING DATE: October 21, 2025 ■ Background: The Convention and Visitors Bureau was presented a proposal from Max Media of Hampton Roads for an eleven-event family friendly concert series — "Party at the Pier." If approved, these events would be held on the beach directly adject to the Virginia Beach Fishing Pier, beginning in April 2026. The promoter has proposed one concert per month in April, May, and October, and two concerts per month from June to September. Each event will be themed and will feature a variety of music genres including local artists. Max Media has indicated that there will be numerous advertisements for each event on all of their five radio stations. These advertisements will deliver over 18 million impressions, reaching over 800,000 adults. In addition, there will be a dedicated web page, weekly social media posts, on-air personalities at each event, and full station promotional support at each event (Promotion staff, Tents, Prizing, Games, etc.). ■ Considerations: The total cost for the sponsorship in calendar year 2026 is $198,000. Of this amount, $72,000 is needed in FY 2025-26, and the remainder in FY 2026-27. The funding source for this appropriation is the fund balance of the Tourism Investment Program Fund. The attached ordinance directs the City Manager to include the remaining $126,000 in the FY 2026-27 Operating Budget. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE TOURISM INVESTMENT PROGRAM FUND AND TO 3 AUTHORIZE A SPONSORSHIP AGREEMENT FOR PARTY 4 AT THE PIER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $72,000 is hereby appropriated from the fund balance of the Tourism 10 Investment Program Fund, with revenues increased accordingly, to the FY 2025-26 11 Convention and Visitors Bureau Operating Budget for a sponsorship of Party at the Pier, 12 an eleven-event family friendly concert series to begin in April 2026. 13 14 2. The City Manager is hereby authorized to execute a sponsorship agreement 15 with Max Media of Hampton Roads, LLC, in a form acceptable to the City Manager and 16 approved by the City Attorney for Party at the Pier. 17 18 3. The City Manager is hereby directed to include the remaining funding 19 necessary for Party at the Pier in his proposed FY 2026-27 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _4 udget and anagement Services orney's Office CA16995 R-1 October 8, 2025 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1/ APPLICANT DISCLOSURE Organization name: Max Media of Hampton LLC SECTION 2 /SERVICE DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax KPMG return © F nancial Services(include lending/bankingSouthern Bank, 7owneBank tltutlons and current mortgage holders as applicable) Legal Services Williams Mullen, Foster Garvey Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that I'm responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Madison Bryant 9/23/2025 A P P L I NT's Sl NATUR PRINT NAME DATE Pori, 27� -+ M�yJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Opioid Abatement Direct Settlement Funds to Support Efforts to Mitigate the Ongoing Opioid Epidemic MEETING DATE: October 21, 2025 ■ Background: In 2021, the General Assembly created the Virginia Opioid Abatement Authority (Virginia Code § 2.2-2366) as an independent body whose purpose is to abate and remediate the Opioid epidemic in the Commonwealth through financial support from the Settlement Fund in the form of grants, donations or other assistance. This financial support is intended for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding will be distributed to localities using three primary methods: 1) direct distribution, 2) individual distribution, and 3) collaborative partnerships. ■ Considerations: Virginia Beach has received additional direct distribution funds totaling $259,904.75. The Department of Human Services (DHS) received community input regarding the use of opioid abatement funds via town halls, listening sessions, surveys, and numerous stakeholder meetings. Feedback from those meetings and recent input from stakeholders have identified the following uses for these funds: 1. Additional Local matching funds for the Regional Recovery High School at $77,564. A previous allocation of Direct Settlement Funds was put towards this initiative in May 2025. This additional appropriation will bring the total local match for the Regional Recovery High School to $220,000; 2. Additional upfit costs for the new DHS "Prevention In Motion" van at $159,084.05. A previous allocation of Direct distribution funds authorized the purchase of the van in May 2025; and 3. Promotional items for Community Events at $23,256.70. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT EFFORTS TO ADDRESS THE OPIOID 3 EPIDEMIC 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT- 7 8 $259,904.75 is hereby accepted from the Virginia Opioid Abatement Authority and 9 appropriated, with revenue increased accordingly, to the FY 2025-26 Operating Budget 10 of the Department of Human Services for various initiatives related to addressing the 11 opioid epidemic. Of this amount, $77,564 hereby is authorized to be used as matching 12 funds for the Regional Recovery High School. 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: w B get and Management Services i y A torney's Office CA16992 R-1 October 3, 2025 iC L?J w Zii_ Q>J ,04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Workforce Development in the Department of Human Services MEETING DATE: October 21, 2025 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) is providing funding to support various workforce initiatives that will assist with growing the workforce to provide services to individuals with behavioral health and developmental disorders. ■ Considerations: This is one-time funding of$200,011 to support FY 2026 workforce development initiatives. Funds will reimburse specific expenditures incurred through June 30, 2026. This workforce development initiative supports current positions and does not add any additional positions. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: /V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR WORKFORCE DEVELOPMENT IN THE 3 DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $200,011 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2025-26 Operating Budget of the Department of Human 11 Services for workforce development programs. 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: Bu get and Management ervices t rney's Office CA16994 R-1 October 8, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management MEETING DATE: October 21, 2025 ■ Background: The Department of Emergency Management has been awarded an additional $300 in funding from the Commonwealth of Virginia's Radiological Emergency Preparedness Fund for the 2026 Radiological Emergency Preparedness Program Grant. For FY 2026, the funding allocation increased from $700 to $1,000. $700 was already appropriated in the Operating Budget. The purpose of the Radiological Emergency Preparedness Program is to support the activities of local emergency management agencies in establishing, maintaining and operating such emergency plans, programs and capabilities to deal with nuclear accidents as are required by the Nuclear Regulatory Commission and the Federal Emergency Management Agency with respect to nuclear power stations. ■ Considerations: There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Management City Manager: 0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $300 is hereby accepted from the Virginia Department of Emergency Management 9 and appropriated, with revenue increased accordingly, to the FY 2025-2026 Operating 10 Budget of the Department of Emergency Management to support the activities of local 11 emergency management agencies in establishing, maintaining and operating emergency 12 plans, programs and capabilities to deal with nuclear accidents. 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: I Z A.. Al Budget and anagement Services i y orney's Office CA16991 R-1 October 3, 2025 M. PLANNING 1. PHIL M. BONIFANT/ PHIL M. &TERESA C. BONIFANT for a Modification of Conditions to a Conditional Use Permit re assembly use at 2244 & 2252 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. ELLMER PROPERTIES VIRGINIA BEACH, LLC/ 3909 VA BEACH BLVD, LLC for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales at 3909 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 3. ELLMER PROPERTIES BONNEY ROAD, LLC/ BRUCE B. MILLS REVOCABLE TRUST and ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re bulk storage yard at 3890, 3894 and 3898 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: STAFF-DENIAL PLANNING COMMISSION-APPROVAL 4. BRADLEY & NETTIE KAIN for a Conditional Use Permit re residential Kennel at 405 Kings Point Court DISTRICT 3 (Deferred from August 19, 2025) RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-DENIAL APPLICANTS REQUEST WITHDRAWAL 5. ASC REAL ESTATE, LLC (MARGARET SHAIA/ CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Conditional Use Permit re bulk storage yard at 2008 Hudome Way DISTRICT 2 RECOMMENDATION: APPROVAL 6. 5073 VIRGINIA BEACH BLVD LLC for a Conditional Use Permit re automobile repair garage & Conditional Use Permit re motor vehicle sales and rentals at 245 Pennsylvania Avenue DISTRICT 4 RECOMMENDATION: APPROVAL N U NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,October 21,2025 at 6:00 p.m.In the Council Chamber at City Hall,Building 1,2^^Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https://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 21,2025. 2. Download WebEx and view the meeting at: httj)s://vbgov.webex.com/weblink/ref,ister/rb9 de8708407512f818115654d7268a99 The following requests are scheduled to be heard: Phil M. Bonifant Property Owner: Phil M&Teresa C Bonifant Modification of Conditions Addresses:2244 & 2252 Indian River Road GPINs: 2403419483, 2403418534 Cigr Council:District 2(Henley) Ellmer Properties Virginia Beach,LLC Property Owner: 3909 VA Beach Blvd LLC Modification of Conditions Address: 3909 Virginia Beach Boulevard GPIN: 1487241210 City Council:District 4(Ross-Hammond) Ellmer Properties Bonney Road,LLC Property Owners: Bruce B Mills Revocable Trust & Adams Outdoor Limited Partnership Conditional Use Permit (Bulk Storage Yard)Address:3890,3894,&3898 Virginia Beach Boulevard GPINs:1487330956,1487238922, & 1487237932 City Council: District 4 (Ross- Hammond) ASC Real Estate LLC(Margaret Shaia)Property Owner:City of Virginia Beach Development Authority Conditional Use Permit(Bulk Storage Yard)Address: 2008 Hudome Way GPIN:1494086398 City Council: District 2(Henley) 5073 Virginia Beach Blvd.,LLC(Applicant&Property Owner) Conditional Use Permit (Automobile Repair Garage)&Conditional Use Permit(Motor Vehicle Sales and Rentals)Address:245 Pennsylvania Avenue GPIN: 1467859351 City Council:District 4(Ross-Hammond) Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive, Municipal Center,Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-3854621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385A303.If you are hearing impaired, you can contact Virginia Relay at 711 for TOO service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/citycouncil for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC PILOT-OCTOBER 7,2025&OCTOBER 14,2025-1 TIME EACH 01f, ... ..... .... .... .... ..... ... .... ...... .. ..... .. .. ... ...0!, 1 . ..... ... ..M! .... ....... ............ . ...... 7 ..... - ..... ..... . MI, .......... . .... ... M,. ..... .. .... A'G 2 INDIAN RIVER RD G2 Site N ED zoning Phil M. Bonifant w Property Polygons 2244 & 2252 Indian River Road Feet 0 40 80 160 240 320 Map created by Planning Department on 9/16/2025 �11 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PHIL M. BONIFANT [Applicant] PHIL M. & TERESA C. BONIFANT [Property Owner] Modification of Conditions to a Conditional Use Permit (Assembly Use) for the property located at 2244 & 2252 Indian River Road (GPINs 2403419483, 2403418534). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 21, 2025 ■ Background: In 2016, the City Council approved a Conditional Use Permit for Assembly Use to allow the operation of an event venue on two AG-2 Agricultural District zoned parcels totaling approximately 3.82 acres. The property also includes a single- family home that has functioned as a Country Inn since 2003, under a separate conditional use permit. The applicant, who resides in the existing home, has hosted weddings and large gatherings on-site for nearly a decade. Events are generally held behind the home or in a 3,080-square-foot pole barn at 2252 Indian River Road. The applicant now seeks to modify the CUP to replace the existing pole barn with a 3,080-square-foot greenhouse, in the same footprint. The greenhouse will have a maximum height of 19 feet, 8 inches, and be constructed on the existing concrete floor, with steel framing in a dark bronze color and glass. A slight adjustment to the hours of operation is also proposed: previously, events were prohibited between 10:00 p.m. and noon, but the applicant now requests prohibiting events between 11:00 p.m. and 9:00 a.m., allowing more time for event setup and breakdown. To reduce impacts on neighbors, no amplified outdoor music will be allowed between 10:00 p.m. and noon. According to Section 203 of the Zoning Ordinance, Assembly Uses require one parking space per 100 square feet or one per five fixed seats, whichever is greater, resulting in a requirement of 31 parking spaces. The site currently accommodates up to 70 spaces, well above the requirement, with parking continuing on the grassy/gravel area at 2244 Indian River Road, as it has been for the past 10 years, without incident. ■ Considerations: The property, located in the Southern Rivers watershed and the Transition Area, has hosted community-serving events since 2016 without any zoning violations or notable disruptions to the surrounding area. The proposed modification involves Phil M. Bonifant Page 2 of 4 replacing the current 3,080-square-foot pole barn with a new greenhouse of the same size and footprint. This new structure will provide a climate-controlled, multi- purpose space that enhances year-round functionality without altering the nature or intensity of operations. Event activities will continue as they have in the past, with no expansion in scope. The largest event since 2016 hosted 150 guests, though average attendance is typically around 80. While the original Conditional Use Permit did not set a cap on attendance, staff now recommends a formal limit of 175 guests per event to protect nearby residents' quality of life and to ensure safe traffic flow on Indian River Road. Staff recommended that the events per year be limited to 50; however, at the request of the applicant, the Planning Commission recommended increasing the number from 50 events to no more than 75 events per calendar year, as noted in revised condition 4. The Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC) reviewed the proposal on August 7, 2025, and voted to support the request. While there is no known opposition to this request, there was one speaker at the Planning Commission hearing who, while expressing no objection to the proposal, requested that the applicant notify adjacent property owners of upcoming events well in advance so they can prepare accordingly. In response, the Planning Commission added Condition 15, requiring the applicant to provide monthly notifications of scheduled events to all property owners within a 1/8-mile radius. Further details pertaining to the application, as well as Staffs 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. The conditions of the Conditional Use Permit for an Assembly Use approved by the City Council on June 7, 2016 shall be replaced with the conditions below. The previous conditions associated with the Modification of Conditions for the Country Inn, approved by City Council on June 7, 2016, shall remain in effect. 2. The site shall be developed in substantial conformance with the submitted concept site plan entitled "PLAN OF PROPERTY — PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS —VIRGINIA BEACH, VA, dated January 17, 2016, Rev. July 8, 2025, and prepared by Bonifant Land Surveys, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Phil M. Bonifant Page 3 of 4 Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the building as an Assembly Use. 4. Events shall be limited to no more than seventy-five[begin strikethrough] {5Q) [end strikethrough](75) per calendar year and the maximum number of attendees shall not exceed 175 per event, unless a Special Events permit is issued from the City of Virginia Beach Special Events office or the maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 5. The Assembly Use shall comply with all applicable Fire and Building code requirements. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. The alternative surface (grass/gravel) may be permitted on-site for the parking spaces on site. 8. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 9. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 10.There shall be a parking attendant provided at each event being held on site to direct guests where to park and to assist guests entering and exiting the site. All required parking shall be met on site. 11.There shall be no additional signage permitted on the site. 12.There shall be no weddings, parties, or other similar events between the hours of 11:00 p.m. and 9:00 a.m. 13.There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). 14.A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall Phil M. Bonifant Page 4 of 4 be required for the proposed venue structure and any other improvements, per City regulations. 15.The applicant shall provide monthly notification of scheduled events to all Property owners within a 1/8-mile radius. Proof of such notification shall be provided to Staff upon request to ensure compliance with this condition. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department i City Manager/w Agenda Item 5 A•• Bonifant Property • • Bonifant Planning Commission ' •lic Hearing: September 11 2025 CouncilCity Project Details Request Modification of Conditions (Assembly Use) Staff Recommendation Approval Staff Planner Marchelle Coleman ,Np\PN avER RO Location 2244 & 2252 Indian River Road GP/Ns 2403419483, 2403418534 Site Size 3.82 acres A/CUZ Less than 65 dB DNL Watershed Southern Rivers r Existing Land Use and Zoning District . Country Inn, single-family dwelling, wedding venue /AG-2 Agricultural er Surrounding Land Uses and Zoning Districts , Y North West Neck Creek/AG-1 Agricultural South � ¢ �^ Indian River Road Single-family dwellings/AG-2 Agricultural R° East Single-family dwellings/AG-2 Agricultural West Single-family dwellings/AG-2 Agricultural Phil M. Bonifant Agenda Item 5 page 1 of 23 Background & Summary of Proposal • On June 7, 2016, City Council approved a Conditional Use Permit for an Assembly Use to operate a wedding venue on these AG-2 Agricultural District zoned parcels, totaling approximately 3.82 acres. • Since 2003, the single-family residence on the site has also been operating as a Country Inn. The City's Zoning Ordinance defines a County Inn as a building in which not more than five (5) rooms are provided for lodging transients, for compensation, for daily or weekly terms, with or without board. Rooms in Country Inns shall not have an entrance or exit to the outside of the building, and no such room shall exceed 300 square feet in floor area. The City Council approved the Conditional Use Permit for the Country Inn on December 9, 2003, with a subsequent modification on June 7, 2016, to allow a third guest room, an expanded open-air pavilion, and daily breakfast service instead of breakfast service for weekends only as originally conditioned. Staff is unaware of any violations on the property, and it appears the uses have been operating without incident and with support from adjacent property owners and residents in the surrounding area. • The applicant resides in the existing single-family dwelling on the property and has hosted weddings and large gatherings, occasionally accommodating up to 150 people, for nearly a decade. Events are generally held outdoors behind the residence or inside the existing 3,080 square-foot pole barn located at 2252 Indian River Road. A 620 square foot auxiliary building at 2244 Indian River Road is commonly used by the wedding party for dressing and socializing before the event. Event parking has historically been provided on the gravel and grassy area south of the auxiliary building at 2244 Indian River Road. • The applicant is seeking a modification to the Conditional Use Permit for an Assembly Use to construct a new 3,080-square-foot greenhouse in the rear of the residence, replacing the existing pole barn.The pole barn will be demolished, and the greenhouse will be constructed within the same footprint. • As depicted on the building elevations, the greenhouse will be 19 feet and 8 inches in height and will be constructed with the existing concrete floor, steel, and glass. All exposed structural elements and exterior framing will be finished in a dark bronze color, as shown in the proposed building renderings. • According to the applicant, the greenhouse will accommodate a variety of uses to include growing fruits and vegetables, raising quail, and an optional indoor event gathering space. • Slight changes are proposed to the hours of operation with this request. While the previous conditions prohibited events between 10:00 p.m. and 12:00 p.m. (noon), the applicant wishes to expand the hours of operation and instead prohibit events between 11:00 p.m. and 9:00 a.m. This change will allow for additional time before and after an event for decorating, setup, and breakdown. Typically, two to three part-time employees are hired to assist with event setup and breakdown, along with a subcontractor to provide bartending services. • To minimize impacts to surrounding property owners, there shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). Phil M. Bonifant� Agenda Item 5 page 2 of 23 • Per Section 203 of the Zoning Ordinance, an Assembly Use requires one parking space per one hundred (100) square feet of floor area or at least one space per five (5) fixed seats, whichever is greater. A total of 31 parking spaces are required for the assembly use. The site can accommodate up to 70 parking spaces, exceeding the parking requirement by 39 spaces. As stated previously, the applicant will continue to park vehicles on the grassy/gravel parking area at 2244 Indian River Road, as they have for the last 10 years without incident. Zoning History Map Key No. Request .Gt CUP(Assembly Use) Approved 06/07/2016 i MDC(Country Inn) Approved 06/07/2016 CUP (Country Inn) Approved _ r: 12/09/2003 f` a 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 Phil M. Bonifant Agenda Item 5 page 3 of 23 Evaluation • • • The request for a Modification of Conditions for the Assembly Use is, in Staffs opinion, acceptable. The property is located within the Southern Rivers watershed and the Transition Area, where this community- serving use has operated since 2016. Over nearly a decade, the Assembly Use has operated responsibly, with no significant disruptions to the surrounding area or any documented zoning violations. As mentioned previously, the proposed change involves replacing the existing 3,080-square-foot pool barn with a new 3,080-square-foot multi-purpose greenhouse, which will occupy the same footprint.This structure will provide a climate-controlled space for events and will enhance the year-round functionality of the site without expanding the use or increasing its intensity.The nature and scope of operations will remain unchanged, and the Assembly Use will continue in a manner consistent with past activities. It is worth noting that the largest event held on site since 2016 accommodated 150 guests, though typical attendance has averaged around 80 guests. While the original Conditional Use Permit did not place a limit on the number of guests per event, staff believes establishing a formal limit will preserve the quality of life for nearby residents and ensure the safe and efficient use of Indian River Road. To that end, staff recommends a maximum guest count of 175 attendees per event, unless a Special Event Permit is secured through the Special Events Office. This recommendation is reflected in Condition 5 and is intended to prevent potential impacts related to traffic, parking, and noise. The proposal was reviewed by the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC) on August 7, 2025, and received a vote of support from the Committee. Given the longstanding, compliant operation of the Assembly Use, the minimal physical or operational changes proposed, the applicant's positive community standing, and the support of the TA/ITA CAC, staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The conditions of the Conditional Use Permit for an Assembly Use approved by the City Council on June 7, 2016 shall be replaced with the conditions below. The previous conditions associated with the Modification of Conditions for the Country Inn, approved by City Council on June 7, 2016, shall remain in effect. 2. The site shall be developed in substantial conformance with the submitted concept site plan entitled "PLAN OF PROPERTY— PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS—VIRGINIA BEACH,VA, dated January 17, 2016, Rev.July 8, 2025, and prepared by Bonifant Land Surveys, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the building as an Assembly Use. Phil M. Bonifant Agenda Item 5 page 4 of 23 4. Events shall be limited to no more than seventy-five[begin strikethroughl fif,�; [end strikethrough] 75 per calendar year and the maximum number of attendees shall not exceed 175 per event, unless a Special Events permit is issued from the City of Virginia Beach Special Events office or the maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 5. The Assembly Use shall comply with all applicable Fire and Building code requirements. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. The alternative surface (grass/gravel) may be permitted on-site for the parking spaces on site. 8. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 9. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 10. There shall be a parking attendant provided at each event being held on site to direct guests where to park and to assist guests entering and exiting the site. All required parking shall be met on site. 11. There shall be no additional signage permitted on the site. 12. There shall be no weddings, parties, or other similar events between the hours of 11:00 p.m. and 9:00 a.m. 13. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). 14. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvements, per City regulations. 15. The applicant shall provide monthly notification of scheduled events to all property owners within a 1/8- mile radius.Proof of such notification shall be provided to Staff upon request to ensure compliance with this condition. 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. � Phil M. Bonifant Agenda Item 5 page 5 of 23 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. Previous Conditions from June 7, 2016 MDC (Country Inn) & CUP (Assembly Use) 1. The conditions of the Conditional Use Permit approved by the City Council on December 9, 2003 shall be replaced with the conditions below. 2. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for the additional guest room and the additional Assembly Use on the site. 3. All applicable permits shall be obtained from the Planning Department, Permits and Inspections Division, for the expansion of the open-air pavilion (labeled "Pole Barn" on the submitted site plan referenced in Condition 6 below). 4. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 5. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 6. The site shall be developed and operated in substantial adherence to the submitted Site Plan entitled "PHYSICAL SURVEY PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS,VIRGINIA BEACH,VIRGINIA," dated January 17, 2016 and prepared by Bonifant Land Surveys. Said Site Plan has been displayed to the City Council and is on file with the Planning Department. 7. The Country Inn shall be limited to three (3) guest rooms. 8. Food and beverage service shall be full breakfast service seven days per week and complimentary snacks and beverages. Food and beverage service is limited to guests only and in no event shall seating capacity exceed twenty-five persons, including lodging guests. 9. There shall be a parking attendant provided at each wedding, party, or similar gathering being held on site to direct guests where to park and to assist guests entering and exiting the site. All parking shall be on site. 10. There shall be no additional signage permitted on the site. 11. There shall be no weddings, parties, or other similar events between the hours of 10:00 p.m. and 12:00 p.m. (noon). 12. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). 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. Phil M. Bonifant Agenda Item 5 page 6 of 23 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 • • The Comprehensive Plan designates the subject property as being located within the Transition Area.The Transition Area serves as a unique land use buffer for the low-density Rural Area from the more densely developed Suburban Area. Policies for the Transition Area call for development patterns with 50 percent open space, a density of no more than one dwelling unit per acre, and preservation of natural features (p. 9, Transition Area Design Guidelines). Proposed development should incorporate the specific planning and design principles cited in the Transition Area Design Guidelines.These Design Guidelines emphasize good design within the Transition Area that provides larger open spaces, protects natural resources, provides amenities, considers views, and integrates quality design in a creative manner(p. 11-17,TADG). ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed and is adjacent to wooded property within the 100-year floodplain and contiguous to West Neck Creek. Portions at the rear of the site are within the AE Flood Zone. There are no proposed improvements within this area. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name reseh tV - a nt Gap + ty r r c* _« E Ir _ 1 Existing Land Use Z-No Data Available Indian River Road 5,070 ADTI 12,500 ADT (LOS 4"D") Proposed Land Use 3-No Data Available 1 Average Daily Trips 2As defined by a 'As defined by a 'LOS = Level of country inn & event country inn &event Service venue venue *The existing use as a Country Inn is not one for which trip generation data exists. Additionally,Traffic Engineering does not produce trip generation estimates for events or gatherings. Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) This segment of Indian River Road is a two-lane minor arterial rural roadway. The site is located on the north side west of West Neck Creek. The Indian River Road Safety Improvements and Bridge Replacement Project is currently proposed in the CIP. However, due to limited available funding, a construction start date cannot be determined until additional funding is secured and programmed. Phil M. Bonifant Agenda Item 5 page 7 of 23 Active Transportation Plan The Active Transportation Plan calls for a Shared Use Path along Indian River Road in this location. If any other roadway improvements are requested, a Shared Use Path should also be included in those improvements. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. PublicOutreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. One letter of support has been provided. • 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, October 7, 2025 and October 14, 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 October 6, 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 17, 2025. Phil M. Bonifant Agenda Item 5 page 8 of 23 Proposed Conceptual Site Layout City of Va.Beach MB.2787 P.1654 240332-7988 ---- S 81'02'10. ty-I 2� B E I j i I 1 , 1 f Ih f i 6 1 , i , � 1 I io , 1 I ' I 1 1 I — ' � 1 o T R, `N yyIT Existing PROPOS -'---�` ^_E__ � "HOMESITE" Green o u18 •- --- t:1 W ' 44'x 7 (some fo Print) +� i Subd.of A.E.Fentress "Parcel A-2" ' — ' Subd.of A.E.Fentress �'I i Christine A.McClenny DB.1656 P.537 Paul D.Cheek z ; MB.110 P.46 1 1 240351-1627 DB.1529 P.504 i i '•' i �� DB.2386 P.691(Plot) 2403-41-6625 r 1 i i 0' t/ 1 I ' , I � ; 1 i 1 Parking Area 11 � i Parcel B-1 : 2 2403-41-8534i- .7:_d- 20341-9483 1 S 86'30' E 348.7�2 168.air i 714.861 to bridge aver West Ne,*Crecti INDIAN RIVER ROAD (gp'�� PLRAN OF CEL B-1 PROPERTYDO PARCEL B A.E.FENTRESS MB.132 P.51 VIRGINIA BEACH,VIRGINIA 1•-foo, nrenue,y20fe P—BJliry a�Borden(Lend Surveys PO.Box6385Virginia Beech,VA 23456(757)739-3653 This residenceappears to le within p 1pp Rood Zone X as shown on Panel 0165 nMnMnMOM� Community No 515531 G Index dated 16 Jenuery 2015. Phil M. Bonifant Agenda Item 5 page 9 of 23 Total Building Height:19 feet&8 inches is ., I r1Y UIOV.w.a , T.EA L 11 STEE 9 �IMITPANSOM b :) I I I I tYu..vw:vaN � ��yp ♦w�lx.tw, � r-r.n b i FINISHMf:LOpR !' 100 P •`ies�un♦e'vp mR,�N'aff+la ae:xgf-sS.w.p'dN"+>'. - ,FRONT ELEVATION (3,YARD SIDE ELEVATION V-T r I .r 's ... y y +j i... ..��.,Y .r i.rt..r �.:.f.,.R .�f.>M � STREET SIDE}ELEVATION REAR ELEVATION UC w V-T Country Villa Greenhouse D CONSERVATOR vo 0 — R_ATTSMF� � � Q I.-I w M V1612025 1206:05 PM p — O O rDD fi 3 N 3 W Ln Trt r Total Building Height:19 feet&8 inches ' 1. 2 3 4., 5 6 '7, 8 9 ;10 T2tlD.�E 61EE��- { itf 8- .. % iIE�VE STm r 1 y r 7- ' LONG SECTION Iff q;{.Bi C; ;D E; F G; G; ! F E': 'D? C; 'B IA ... T,RIWEStEEI I I I I I f TIRIOGE STEEL I. Y/ STEELi TI EA VUL MR`7WWSpl SI6u.,.f �.!FINGHED - ...f1!MwED R00M1..S, T-TG ti 93212' M Y — CROSS SECTION TYPICAL CROSS SECTION AT END GABLE rD . Ire'=1'-0' 3 11d'=V-v fD Q Country Villa Greenhouse N w o0 _ o o r N W U'I �, Proposed Building Renderings v s u cc dS g �� <" n 1 Y i+1 0` tO x ° j # m �h Li y` m 4 3 o u Phil M. Bonifant Agenda Item 5 page 12 of 23 Proposed Building Renderings a� s V co cz x r ,, Ap ,., p.r 04, m75, T AL $1 g k- ^ rtc' e N c v a� v 8 � �. � c o u Phil M. Bonifant Agenda Item 5 page 13 of 23 Proposed Building Renderings E bt ill Etl �F - a 3 • Proposed Building Renderings 00 32 41 m t C sl ii m r- T q O U Phil M. Bonifant Agenda Item 5 page 15 of 23 Site • • { x L >s3 - Mli R m SAY •'.'. �k. _� ..' ' � .. ra n S Phil M. Bonifant Agenda Item 5 page 16 of 23 Site • • IA 4 �ryi z i- '� a a r y � k i Phil M. Bonifant Agenda Item 5 page 17 of 23 t 4 t aF s � t a � r TM.E Phil M. Bonifant Agenda Item 5 page 18 of 23 r.a - +�f .rx h$g 4� p x � � 3=, .# h Phil M. Bonifant Agenda Item 5 page 19 of 23 Disclosure Disclosure Statement ;he disclosures contained in this fors, ore necessary to inform public officials who moy vote on the application as to whether they have a COJIftiCt of interest under Virgil,fa laW.Cornpletien orrdstubrrissicm of ibis form rs re fuirvd for atlap r&cn[ians that pertain to City real estate matters or to the aeveooprnent and/or use of property in the City of 14r'tnio 8e:ch requiring ocuon by the City Coanrr; boards, commissions, or other bodies. APPLICANTSECTION 1: DISCLOSURE APPLICANT INFORir1A—ION Applicant Name: as listed on application 0*t i f' Is Applicant also the Owner of the subject property? Yes Noo 1f no,Frcperty Own errnost complete SEC FICA,2:PROPER 1'0AINER D15C!GSURE fpcge 3t. Does Applicant have a Representatives' YesoNo(3f if yes;none Representative: ----. —_—. --.-- Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoQ If yes,list the names of all''icers;directJis,members,or trustees below AND businesses that hove a parent-subsidio.ry 2 or affiliated business entity 3 re;ation5)trp w th the a pliconL(Attach fist if nece5fary.) F / -___ ____ Does the subject property have a proposed or pending purchaser? Yes No v If yes;nonre proposed or pending^urChoser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in th siubjectIand or any proposed development contingent on the subject public action? Yeso No if yes name the official o-employee,and aresc'rbe tare,n^cure of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must ceit#y whe th.=r ri;e fattowinq services ore being provided in corv;action rc tr.e subjectopplication or any br+siress operating a,to be operated on the property,the node of the entiCr on'lbr irtdi vid-r r,i providing such services must b e identified iA ttach list if necessary, SERVICE YES NO SERVICE PROVIDER (Nome entity and/ar;ndrvidu�ri" Financing irnartgage.deeds of brus„ 4 Iry cross-If 0late raliraLion,etc.) 610, 1 Peal Estate BrokeriAgent(Realtor 0 DisclosureStaterrient I rev. May 202 gage : of Phil M. Bonifant Agenda Item 5 page 20 of 23 SECTIONDisclosure Statement APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and or individual Accounting/Tax Return Preparation 0 G nM 01i Lvt� G ]" Architect/Designer/Landscape I (� Architect/Land Planner 0 AV I-,G» Construction Contractor I �0 0 Engineer/Surveyor/Agent v 0 ��, i Legal Services 0 0 APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Signature Date "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code§2.2-3101. No changes as of(date): 10/7/2025 ✓��GGG.L�l�r�c, Marchelle L. Coleman 10/7/2025 Staff Name(Print) Staff Signature Date Disclosure Statement i rev. M a y-2024 page 2 of 3 Phil M. Bonifant Agenda Item 5 page 21 of 23 Disclosure PROPERTYSECTION 2: DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: :-,) as listed on application 1 f41, �A ��e I r�N�—&'I'LRESA C.BONIFANT Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONo(5' If yes,list the names of all officers, directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant (Attach list if necessary) Does the subject property have a proposed or pending purchaser? Yeso No(]� if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No If yes,name the official or employee and describe the nature of their interest I PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, cross-col lateral ization,etc.) 0 �h/Fc c'S Real.Estate Broker/Agent/Realtor 0 E Accounting/Tax Return Preparation r'ItIXA,>/'JLVLI LT4 4 �,�,C Architect/Designer/Landscape Architect/Land Planner Q O -D4yr GhS Construction Contractor Q 0 Engineer/Surveyor/Agent O Tom. t,- c{ Legal Services PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this onnlirntion. Property Owner Name(Print) Property Owner ignature Date isclosure Statement I rev. May-2024 page 3 of 3 Phil M. Bonifant Agenda Item 5 page 22 of 23 • 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. Phil M. Bonifant Agenda Item 5 page 23 of 23 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #05 Phil M. Bonifant Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item five, Phil M. Bonifant. Ms. Cuellar: Good afternoon. Mr. Bonifant: Good afternoon, commissioners. Thank you. My name is Phil Bonifant. I've been a resident of Virginia Beach since 1969 and of this particular property since 1978. Ms. Cuellar: Sir, could you just please speak up a little louder into the mic? Thank you. Mr.Bonifant: Okay. Is that better? Ms. Cuellar: Yeah,much better. Mr.Bonifant: Okay. There have been some questions I understand about the number of events that we will have at our, at this wedding venue. It's actually events any type of assembly they want. There was a limitation of, of third of, excuse me, 50,but that we could apply for a special permit to have four more. Right now,we have no limitations on the number of events that we have this year. We're having 20 next year. We are already booked for 27 and we expect to book up to 60 or 70 per year in the next few years after the addition of this proposed. And I'm going to call it a conservatory instead of greenhouse. I think it means about the same thing, but some folks don't like the greenhouse terminology. We have had in the past up to 45 units, or excuse me, sessions per year. That was before COVID. COVID put a pretty much damper on us for two or three years, and we're coming back from that now. But I think that the addition of our greenhouse will jumpstart back to what we had before. And then more than that,right now our prime time for weddings is September and October. In October,we have Friday and Saturday weddings every weekend this year and every weekend next year already booked. We have every weekend in September booked. We had April, March,April and May of this year booked. And I suspect that once the greenhouse is built,we'll have Saturdays and Fridays as well. During Hurricane Michael,we had Friday, Saturday, and Sunday booked. Friday was fine, it didn't hit. Saturday was real out of strain and wind was blowing and rain was coming down. We had to cancel Sunday because you couldn't get to our venue. There was 18 inches of water in the roads on West Neck Road going between Pungo and then going past Pungo. There was no problem. The folks found it, it was a small wedding and they found other amenities and we of course returned their funds to them. But I would like to respectfully request that we have at least 65 weddings per year allowed and then have special permit for above and beyond that. We may end up with 70 or 75 bookings per year. Don't know,but we certainly will self-police when we get more than what we can handle and what we expect our venue to be able to have without ending up a muddy mess. We don't have at present time more than 140 guests for each of our venues, uses. This year we have had up to 165 and we've had plenty of parking for that. We don't anticipate more than 175 to 200. And when we get to that,we will certainly police that back down. We have had requests for up to 250 and we have declined those folks from having their function at our property. But we, like I say,we self-police when we find that our grasses can't handle the traffic on them,we don't want it to look like the mall in DC after a hundred thousand people have been there. And then we'd have to end up resodding the entire property there. But I would like to entertain whatever questions that you might have for me. Ms. Cuellar: Thank you, Mr. Bonifant. Are there any questions for the speaker? Commissioner Cromwell? Mr. Cromwell: Mr. Bonifant,what exactly do you want? I mean,you say you have unlimited now and the paperwork we have says the staff recommends 50 and you said 60 or maybe 70 in the future. So,what... Mr.Bonifant: We would,we would like a cutoff point at 65 where you have 50 now,but that we can have a special permit for up to 75 instead of just four more. I wouldn't, I wouldn't want to surprise the police department with half a dozen more weddings than,you know,what's on the books for us to have. Mr. Cromwell: So.. Mr. Bonifant: I would say 65 with special permit up to 75. Mr. Cromwell: Thank you. Ms. Cuellar: I'm just going to ask staff for a point of clarification on special permit as to what is actually our purview,what we can establish today. Ms. Bookholt: Right. You could revise the condition to just be 75. We do have a special event permit process, but if you are wanting to hold 75,the easiest way to do that may be just to amend the condition to be 75. If that is the ask... Mr. Bonifant: That's acceptable to us. Ms. Cuellar: Okay. Let's see if there's some additional questions. Mr. Bonifant: They want to go to 75 instead of 50 and then that'd be the... Mr. Cromwell: Okay. So up to this point,up until before COVID, you said you had had 40, the maximum of 45 events. Is that correct? Mr. Bonifant: Yes. That's what we've had in the past, in 2019 and 2020. Mr. Cromwell: And that was the apex of things. COVID hit and... Mr. Bonifant: Yeah,trailed off... Mr. Cromwell: Went down the hill from there. At 50 events a week, that's, or 50 events,that's basically one per week. Mr. Bonifant: It is,but like I was saying in October,we've got Fridays and Saturdays already booked for this year and the next year. And I'm assuming I'm looking to have September the same way. That would be 20 to 25 right there. Wait a minute,that would be 20 to 25 right there. And so, I'm, I'm looking at looking ahead to what we are expecting to have. And so, if we cut it at 75 and that would be it, that would be fine. If that's what you suggest. Mr. Cromwell: Okay. Thank you. Mr. Bonifant: Does that work for you? Mr. Cromwell: That,that,that,that's a lot. Mr. Bonifant: It is a lot. Like I tell you,when it gets to where I can't handle that, that's going to come down pretty quickly, and I'm 76 years old. Mr. Cromwell: Well, I can certainly appreciate that. I'm far, I'm not far behind you. But I think, as it stands now with the conditions that we have before 50 events and then you can get four more from special by a special event. Is that right? Ms. Bookholt: They would be permitted to apply for special events permits,yes. Mr. Cromwell: Right. So, they to be a total of 54. Thank you. Ms. Cuellar: Commissioner Coston. Mr. Coston: Is that the max that you can do for special events? Mr. Bonifant: For special permit. I think-- Mr. Coston: Special permit,just four of them. Ms. Bookholt: That has historically been the threshold before an assembly use permit is required,which this is an assembly use permit setting a threshold. In addition, this is an assembly use permit setting the threshold at a higher number. Mr. Coston: So,you can do more than four if you ask. Is that what you're saying? Ms. Bookholt: This is the process to ask for more than four. Mr. Coston: Okay. Ms. Cuellar: Commissioner Plumlee and then I see Commissioner Schoonover. Mr. Plumlee: Mr. Bonifant, thank you for being here today. I appreciate your time. Getting cars up to 175 people. Has there ever been an issue there on Indian River Road of any kind of safety concern? How, how do you deal with the cars coming in and out? Mr. Bonifant: My wife and myself in the past have been directing them where parking spaces are and we have four employees now more to get people in and out and where they need to be. So,there's nobody in the Indian River Road blocking a lane at all. That's just not going to happen. And if we get to where we see that something might like that might happen,then we're going to have some professional traffic people there taking care of. Mr. Plumlee: Thank you for that. Mr. Bonifant: I'm not, I'm not going to jeopardize... Mr. Plumlee: I'm with you. Would there be any objection on your part that there be a condition that the conditions be put in the contracts that you have with the individuals leasing the space so they're committing to an agreement for the limitation of people, the hours. Do you have any objection to that being a condition? Mr. Bonifant: I'm not sure I'm following you, sir. Can you elaborate a little bit for me? Mr.Plumlee: Yeah. So,you enter an agreement to hold a wedding, right? A written agreement is that... Mr. Bonifant: Absolutely. Contract. Mr. Plumlee: So, would you mind placing these terms of limitation of the use of this property into the agreement, so the user of the property is also agreeing to be bound to these terms, not just the owner? Mr. Bonifant: Well, they, we, we could,but they're not going to be interested in how many weddings we have all year long. But, and, and the limitation of the number of people is by us just saying,well,we're not going to have more than 175 people. So,we just tell them directly, you'll need to find somewhere else because there's going to be too many cars. Mr.Plumlee: I think I understand your answer. You would not like to have that, but thank you. Mr.Bonifant: Okay. I think it would confuse the contract actually to,to put... Mr. Plumlee: I see your point. Mr. Bonifant: Okay. Thank you. Thank you for the question. Yeah. Ms. Cuellar: Commissioner Schoonover. Ms. Schoonover: Well, I think I was actually going to wait till later,but I'm really concerned about putting limitations on your ability to have events when you don't really have a sense of how you're going to expand, and it's clearly you're going to self-police. So, I was really going to wait until discussion. Mr. Bonifant: Was there a question there? Ms. Schoonover: No. I going to wait to discussion. I wanted to, I wanted to move to lift all the restrictions. Mr. Bonifant: I saw that earlier when in the other pre-meeting. Thank you. Ms. Cuellar: Commissioner Byler? Ms.Byler: Thank you, sir. Sounds like you have a great business going out there and I'm just thinking 75 events per year. That's a little less than one and a half per week, so you can't book every Friday and Saturday even as it is. Have your neighbors complained? Mr. Bonifant: We have such a great bunch of neighbors. We put up fencing and stuff so that if they, if they ever thought that they sit out on their decks across the street, listening to the music and dancing when they're dancing over at our place, one of our neighbors was, before the, the local constabulary decided that they shouldn't shoot off fireworks anymore. They shot off fireworks and our guests thought we were doing it for them and we weren't, but they just had fun shooting off fireworks. Ms. Byler: Thank you, sir. Mr. Bonifant: Yeah, I think alcohol was involved. Ms. Cuellar: Commissioner Mauch has a question. Mr. Mauch: Mr. Bonifant, thank you for coming in today. I live around the corner from you. And, I do see sometimes that, not necessarily from your place, but from everything that goes on and, and the road conditions of Indian River,my biggest concern is just the safety of Indian River Road. I think, up until this point,you guys have done a wonderful job with your events and, I do think having the support of your neighbors is something that's really strong. I'd like to be able to find a number that would make everybody comfortable here, understanding that you are able to apply for four more. And,you know, if we were to,to go up to that 65 number, if a number were to be in place,then you'd have that ability and you'd, it'd push you right around the 70 with a special events permit. And I didn't know if that would,you know, be something that you would be comfortable with. And also,understanding that, if you did grow out of the space for the number that we have here,with whatever number, if there's a number that's going to be imposed through the conditions,you have the ability to come back and, and have the conditions looked at. And then that would give the opportunity for whoever's up here on the commission to look at how well you have done and, and if there's been any impacts. And, I think then you could ask for more if needed. Mr. Bonifant: There is some, it's like a CIP that is in the process of being developed for Indian River Road between West Neck and Pungo. The surveyors and engineers were up and down the road two or three months ago locating all the buildings and the culverts and the bridge and the elevations and ditches and whatever they needed in order to do that. And I did see something in the newspaper concerning that, that that improvement to Indian River Road was in the ideas of what may needed to be done. And so eventually they will widen Indian River Road. I don't know that I'll see it, but it may be like the Southeastern Expressway and that we've been talking about earlier. Mr. Mauch: Yeah,and I just wanted to address those that the safety concern on Indian River Road. Mr. Bonifant: We're not,we're not going to put ourselves in jeopardy with somebody having traffic problems and an accident out in the road. There's enough of that as they go across the bridge and get airborne and hit the curb, and a lot, a lot of cars tumbling down the road. Mr. Mauch: Yes, sir. Thank you. Mr. Bonifant: Yes, sir. Thank you for your question and comment. Anything else, folks? Ms. Cuellar: It doesn't look like there's any more questions. Thank,thank you so much,Mr. Bonifant. Ms. Cuellar: Madam Clerk, do we have any speakers on this application? Clerk: Yes,we have one speaker. Maria Connor. Ms. Cuellar: Hello. Ms. Connor: How are you? Ms. Cuellar: Great. Could you please state your name for the record and maybe just move the mic down a little closer to you. There you go. Ms. Connor: My name's Maria Connor. I live next to Mr. Bonifant. Sorry I'm getting nervous. Ms. Cuellar: It's okay. Take your time. Ms. Connor: The only complaint I have when Mr. Bonifant is he does not let us know when he's having these events. We like to make noise at our house. My son likes to do mechanic work. Of course, you test the vehicles to see, and I don't, I'm really nervous. Ms. Cuellar: Just take your time. Ms. Connor: I don't have any problems with him having his events. I'm one of the people that sit out my patio, enjoy the music as well. The only thing I have is I don't appreciate he come up to my property line and tell me to stop what I'm doing. Whether it be cutting grass,weed eating, my son doing what he wants to do, ride a four-wheeler or whatever. I'd just like to know when he's having these events and what not because we can't stop living our lives because he's having an event. I want to respect the people that who are having the weddings. So,we're not making the noise in the background, but as soon as they say "I do," game on. We'll play our music loud, whether they play theirs, that's fine. I just don't want to be disrespectful to people who are having the wedding. I just want to know when and what time so we can prepare ourselves because we are living right next door. Like I said, I don't care if he has the weddings. I don't care if he builds a building, I don't care. Just let us know. That's only respectful for me and the other neighbors. We do appreciate him doing his,what he does, but we like to know when he's having it. Because when people do get stuck,whatever,most of the time my son's over there helping him out with the tractor,getting him out because they like to get in a ditch. They cut it short, no problem. We all do it. It's just respect for us is to have to give us a list of when he's having it. Because he was supposed to have done this when he started this and we have not had any notifications, and I just don't appreciate him coming over telling me to cut out the noise. And then all of a sudden, I have a police officer at my door because of the noise. So, and of course they can't do anything because we're not doing anything wrong. We just like to be,have that same respect to having when they're having it,what time so we can prepare or not,you know, ride our four wheelers. Or my son does tough trucks, so he has a loud truck when he starts it to try to fix it. So,I just,just respect for us. Ms. Cuellar: Thank you so much,Ms. Connor. We appreciate you coming out today. And let me just double check with my colleagues if anyone has a question for Ms. Connor. Commissioner Cromwell and then Commissioner Plumlee. Mr. Cromwell: Just so you live directly next to the Bonifant property? Ms. Connor: There's a house between he and I,yes. Mr. Cromwell: There's a house between he and you. Okay. So you're on the same side of the road? Ms. Connor: Yes, sir. Mr. Cromwell: And you have had a policeman come... Ms. Connor: Mm-hmm. Mr. Cromwell: And complain about your noise... Ms. Connor: Correct. Mr. Cromwell: As a result of Mr. Bonifant complaint? Ms. Connor: Yes, sir. He comes towards the, he cuts through the neighbor's yard to come to my house and his wife's coming to the front door of my house. So,they're in separate. His wife comes to front and he comes to the back and talks to my son. And,you know,we try to be respectful,but it's kind of hard when you have a police officer come to your thing. Can you cut the,you know,there's nothing we can do because it's during daylight hours. Mr. Cromwell: But how often does this happen? Ms. Connor: We've had it done a few times. It hasn't, it hasn't happened within the last year or so because most of the time we're gone with my,you know, camping or whatever we do. But 1, you know, but he has come to our house to,he has come across the neighbor's yard to come to my fence and tell us to knock down the noise or can we stop what we're doing,whether it be cutting grass or weed eating or like I said,riding the four wheelers or you know,just having fun in our own yard because we have the weekends to do what we want to do. And that's when he has his weddings. Mr. Cromwell: Do you know if this has happened to any other neighbors? Ms. Connor: I'm not aware of it, no. I mean,we have,you know,people across the street, but they don't, since I'm the same side as him,he just, it's easier for him to walk across somebody's yard than it would to go across the street. Mr. Cromwell: How about the neighbor that's directly adjacent? Ms. Connor: He is,he doesn't like the noise because he's older. He's an elderly man and he's housebound. He doesn't go out very much. I mean, we talk about it every now and then and kind of joke about it,but,you know, it's, he's, he's okay with it. I mean,he is, he don't say anything other than the noise. Sometimes he calls the police on the noise because of it, but as far as him complaining about him having weddings, he has no complaints about. Mr. Cromwell: Thank you. Ms. Connor: You are welcome. Ms. Cuellar: Commissioner Plumlee. Mr.Plumlee: I was just going to ask you,you'd mentioned your son helping cars out of the ditch. Is there anything dangerous with regards to the entrance in and out of Mr. Bonifant's property for all of these vehicles for the events that you noticed? Ms. Connor: Not for the most part, no. You have all those people that don't realize there's a ditch there and you know, I mean, Indian River Road is Indian River. Have you ever been down it? Its people fly down it all the time. But I have not had any, I have not seen any people in distress, I guess you say. But,you know, and if they are, most of the time if there's a police car coming,they come to my son and ask him to help instead of waiting for a tow truck to come out. Mr.Plumlee: I see. Thank you. Ms. Connor: You are welcome. Ms. Cuellar: Thank you very much,Ms. Connor. We appreciate it. Just double checking. Madam Clerk,we only had one speaker, is that correct? Ms. Clerk: That's correct. Ms. Cuellar: Thank you very much. Mr. Bonifant, you now have the opportunity to come back and rebut. Mr. Bonifant: I thought that we had already worked on all out, all of the stuff between us, but I'll get her a schedule of when we're having weddings and so she'll be able to know. Ms. Cuellar: I think that would be certainly being a good neighbor. So we appreciate that. Absolutely. Thank you very much. I'm sure Ms. Connor would appreciate that. Mr. Bonifant: Certainly. Thank you. Ms. Cuellar: Pardon me for one second. Commissioner Mauch? Mr. Mauch: Question for you. Do you have a cutoff date, or a time period for which you can book an event and then have the event? Is there a typical time or one that you won't go beyond? Like, if I were to come and book an event at your place and I said it,you know, it's Wednesday, I want to use it on Friday,would that be okay? Or... Mr.Bonifant: That, it could be,but I'd have to talk to my manager about that because he's the one that handles all the bookings. We had some folks last week come and ask for something in October of this year,which is,well, I don't think you can get your invitations out,you know, for that. But we, but when people come and ask for something that's small, like a graduation group or a birthday or a military commissioning or somebody retiring or something like that, they don't usually need a Friday or a Saturday. They're going to come on a Thursday evening or a Sunday afternoon and be there for about an hour and a half. And it's a totally different timeframe as to what they need and what a wedding is. They people like to send out their wedding 60 days ahead of a wedding. Mr. Mauch: I guess the reason I ask is,you know, I wanna make sure that everybody is feeling comfortable that that's around you. It sounds like you have the majority of everybody around you comfortable. I don't think it would be unreasonable to maybe ask that a monthly, since you pretty much know when your parties are going to be happening, a monthly list... Mr. Bonifant: Yeah, it's not a problem. Mr. Mauch: And if you, if you would be amenable to... Mr. Bonifant: Oh sure. Mr. Mauch: Having that as a condition, I think that would be good. And then it would solve the issue of... Mr. Bonifant: Right,there's only about seven or eight houses on right on the island there. Mr. Mauch: We can certainly take care of that's what taking... Mr. Bonifant: Right. It wouldn't be too much of an imposition on you to be able to... Mr. Mauch: Not at all. Mr. Bonifant: Okay. Wonderful. Ms. Cuellar: Commissioner Byler? Ms. Byler: Thank you. Mr. Bonifant. Mr. Bonifant: Yes ma'am. Ms. Byler: Do you maintain a website that someone could look on to see when you've booked events and what they are? Mr. Bonifant: We don't have one where they can at the present time where that's possible. That's a good idea. And I might suggest that to our webmaster to do that so that the neighbors can get a click and see where it is. Ms. Byler: Okay. Thank you. Mr. Bonifant: Thank you. Good idea. Ms. Cuellar: Commissioner Schoonover? Ms. Schoonover: I was actually going to make more of a recommendation if you use a Google Calendar,which you can embed into a website, but that they can subscribe to and everybody can see it at any time on their own device, it might just be easier. And that way you don't have to worry about whether you've gotten something to somebody in the mail or they did or didn't get it. But it's always available. It's just suggesting because it's free and easy. Mr.Bonifant: I think that's a great idea as well, but I'll have to get my granddaughter to set that up because,you'll get it before long yourself. Ms. Cuellar: Thank you very much. Okay. I'd like to open up the floor for discussion and to entertain a motion. Ms.Byler: I don't want to step on the toes of Commissioner Cromwell or Mauch because this is not my district, but with their acquiescence,I move that his conditions be modified so that he can have up to 75 events per year. Ms. Cuellar: Is there a second? Ms. Schoonover: Second. Ms. Cuellar: Discussion? Mr. Camp: Is that also a motion for approval? Mr. Byler: And for approval. Ms. Cuellar: Motion for approval with an amendment to condition number four to hold up to 75 events per calendar year by Commissioner Byler, seconded by Commissioner Schoonover. Discussion? Mr. Plumlee: I would like to address this briefly. Ms. Cuellar: Yes, Commissioner Plumlee. Mr. Plumlee: Because there's always some vagueness in these city ordinances with these,I don't see this as an agricultural operation. If it was, in my view, there would have to first be a demonstration from the city that there was a substantial impact to the health and safety and welfare of the citizens before it could even be regulated. But because this is a site that is not an ongoing agricultural operation, even though it's zoned AG, then I think it's appropriate to regulate it and to place these limitations. So, I just wanted to put that on the record. Ms. Cuellar: Thank you very much, Commissioner. Commissioner Cromwell? Mr. Cromwell: I'd like to make an alternative recommendation of 60 events a year versus the 75. In other words,with 60 and the four more he can get from the special events, that's still more than one a week. And I think that's, I know he's had unlimited events up until now, but things have changed on Indian River Road over the past, and it's becoming very busy. Ms. Cuellar: Commissioner Mauch? Mr. Mauch: If Commissioner Byler would accept a friendly amendment to her motion. I think, addressing Commissioner Cromwell's concerns might be good knowing that we can always come back and amend the conditions, modify the conditions. And, and I would like to, if possible, add in that condition that there be a monthly notice to the neighbors so that they have a, whether that's through a Google Doc or website or however it looks,but just monthly that they have notice of when these events are happening. If, if you're open to it. Ms. Byler: Are you modifying my motion or Commissioner Cromwell's? My motion was for 75 and approval and his is 60 and approval. Ms. Cuellar: I didn't hear, I didn't hear a motion from Commissioner Cromwell as a point of process. Ms.Byler: Okay. Ms. Cuellar: So,would you, so, okay, so then you're offering, I don't want to put words into your mouth, but a substitute motion for 60. Mr. Cromwell: Yeah. Ms. Cuellar: Okay. And so,then I would need to get a second for that. Mr.Anderson: Second. Ms. Cuellar: Okay. We have a substitute motion on the floor by Commissioner Cromwell to amend condition number four to 60 events per calendar year. And it was seconded by Commissioner Anderson. And that'll be the motion we'll be voting on first and the... Ms. Byler: And the additional conditions. Ms. Cuellar: With the additional conditions of monthly notifications to the neighbors. Is there any further discussion? Mr. Coston: Yeah... Ms. Cuellar: Commissioner Coston? Mr. Coston: I just think that that 60 is a little shy. Because originally he came up here, he wanted 50 and 75, if he wanted to add. Sixty seems to be a little bit low, especially when you're counting 20 people who come over to have an anniversary something or to celebrate someone's graduation or something. It may not be a whole bunch of people. And so when you count those as part of that 60, it doesn't leave you but your room for weddings. So I'd like to see a higher number. Is there something else y'all are comfortable with? Maybe even back to the 75,but at least that. Ms. Cuellar: Well, our first motion on the floor is for 60, so we can vote on,we will have discussion and voting on that first, depending how that goes. Then we'll still have the other motion remaining on the floor. Ms. Eisenberg: We should vote to make the substitute motion the main motion and then vote on that motion. Ms. Cuellar: So then would someone have to make that motion? Ms. Eisenberg: Yes. Ms. Cuellar: Okay. So then, as a point of procedure. It's recommended by counsel for a motion to make your substitute motion the main motion. Mr. Camp: Madam Chair. Just for administrative expediency here, if that's all you need is a motion like that, I'm willing to make it. Ms. Cuellar: Ms. Eisenberg,that's correct? Ms. Eisenberg: Yes. Mr. Camp: Second. Ms. Cuellar: Is there any further discussion that the substitute motion is the main motion? Mr. Coston: What's the number on the substitute? Ms. Cuellar: The substitute motion is at 60? Mr. Coston: Okay. Ms. Byler: Madam Chair, because I support the limitation of 75 and not 60, it's my intent to vote no on the 60. Will my secondary motion originally the primary motion? Now second. Will that still be alive? Ms. Cuellar: Yes. If that motion fails. Ms. Byler: Thank you. Ms. Eisenberg: And also,just not to complicate things,but for a point of clarification for the amendment that was suggested by Commissioner Mauch,we might want to have a more specific wording than just neighbors. I'm not sure if you mean adjacent property owners. I'm not sure where neighbors end. If you would like to just give a brief second of thought to how you'd like that actually worded. Mr. Mauch: I guess an eighth of a mile. That covers most all of his neighbors, but mainly the adjacent. Ms. Cuellar: So the motion on the table is to make the substitute motion the main motion? Mr. Camp: Yes,ma'am. Ms. Cuellar: Okay. Mr. Camp: That's all I was moving. Ms. Cuellar: Commissioner Camp, is seconded by Commissioner Anderson. Clerk: The vote is open. By a recorded vote of six to three,the motion to make the substitute motion the main motion has been approved. Ms. Cuellar: Okay. So now we have a motion. It'll be Commissioner Cromwell's motion. So we have a motion on the floor for commissioner, excuse me, for approval by Commissioner Cromwell,to amend condition number four for 60 events per calendar year, and a second commission, excuse me, a second condition for monthly notice to the neighbors within one mile, one eighth of a mile. And is there any further discussion? Ms. Schoonover: I just want to make a brief comment. If they had just three events of any size for one week,that's already 150 something events, I'm, I'm really concerned about this limitation. I suspect he's going to grow pretty fast, and I don't think that it's necessarily going to be 370 something people events per week. I think he's probably going to have a lot of small events,and I think he's going to be right back here. I think we're just creating a barrier we don't need to make for business that is going to self-police itself, no doubt. But I just think we need to rethink this before we put this level of restriction on something. Ms. Cuellar: Thank you, Commissioner. Commissioner Mauch? Mr. Mauch: I don't think the idea is to limit how fast he can grow. I think it's the safety of the roadway, and understanding that more events that happen,this isn't the only event space on this street within the boundaries of his up to the Pungo stoplight and multiple events happen at the same time. And I think the safety of the citizens are paramount to the ability of a business to have unlimited or what have you. I do think that it is a safety issue in my eyes. I drive that road every single day almost. And I, I've, I understand the issues that especially at night, it's not well lit. And if his business is extremely successful, he does have the ability to come back and modify his conditions and would see that he's a good business and he's been performing well. And I think it gives us the ability to say,yes,no problem. Let's go ahead and do this. I, 1 don't personally want to limit it, but I do think it's just the safety of the roadway. Ms. Cuellar: Thank you, Commissioner. Okay, Madam Clerk. Clerk: The vote is open. By a recorded vote of four to five,the motion to pass with the 60 events max per year has failed. Ms. Cuellar: Okay. We still have a motion on the floor, a motion for approval from Commissioner Byler, seconded by Commissioner Schoonover. How do we address the conditions with that? Would you be willing to accept the added condition for the monthly notice to the neighbors within an eighth of a mile? Ms. Byler: Yes, I'm am. Ms. Cuellar: Okay. Ms. Byler: Yes. I will add those conditions to my motion: notice to neighbors within an eighth of a mile monthly. Ms. Cuellar: Thank you, Commissioner. Ms. Schoonover: I agree, I second. Ms. Cuellar: Thank you, Commissioner Schoonover. Clerk: The vote is open. By a recorded vote of eight to one, item number five, Phil M. Bonifant has been recommended for approval. Ms. Cuellar: Okay. Thank you very much. Mr. Bonifant: I have a question. Ms. Cuellar: Mr. Bonifant, is it maybe something that our staff could help you with, or is it real quick? Mr. Bonifant: I have a question on, on the vote of us for 75 and for your education of neighbors. Is that correct? Ms. Cuellar: Yes, sir. It's okay. We understand. Thank you. Thank you, Ms. Connor. Vote Tall Commission Member AYE 8 NAY 1 ABS 0 ABSENT 1 Anderson X Byler X Cam X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The conditions of the Conditional Use Permit for an Assembly Use approved by the City Council on June 7, 2016 shall be replaced with the conditions below. The previous conditions associated with the Modification of Conditions for the Country Inn, approved by City Council on June 7, 2016, shall remain in effect. 2. The site shall be developed in substantial conformance with the submitted concept site plan entitled "PLAN OF PROPERTY— PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS —VIRGINIA BEACH, VA, dated January 17, 2016, Rev. July 8, 2025, and prepared by Bonifant Land Surveys, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the building as an Assembly Use. 4. Events shall be limited to no more than seventy-five[begin strikethrough] fi#y (50) [end strikethrough] 75 per calendar year and the maximum number of attendees shall not exceed 175 per event, unless a Special Events permit is issued from the City of Virginia Beach Special Events office or the maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 5. The Assembly Use shall comply with all applicable Fire and Building code requirements. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. The alternative surface (grass/gravel) may be permitted on-site for the parking spaces on site. 8. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 9. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 10. There shall be a parking attendant provided at each event being held on site to direct guests where to park and to assist guests entering and exiting the site. All required parking shall be met on site. 11. There shall be no additional signage permitted on the site. 12. There shall be no weddings, parties, or other similar events between the hours of 11:00 p.m. and 9:00 a.m. 13. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). 14. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvements, per City regulations. 15. The applicant shall provide monthly notification of scheduled events to all property owners within a 1/8-mile radius. Proof of such notification shall be provided to Staff upon request to ensure compliance with this condition. 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: 7577393653Calvzwpix.com To: Marchelle L.Coleman Date: Monday,February 24,2025 12:41:52 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. Dear Planning Department, i My name is Peter Imboden,and I am a neighbor of Phil and Petie Bonifant at 2252 Indian River Rd.I am writing to express my strong support for their proposed greenhouse structure addition to their home and venue,the Country Villa. In my experience,this historic property is an integral part of our community.The owners have been generous in welcoming neighbors and guests,hosting events that bring people together and celebrate the rich character of the area.The planned greenhouse will ensure that visitors can enjoy the venue's hospitality year-round,regardless of weather conditions. Beyond adding convenience for events,the greenhouse will also be an asset for local residents.Its presence will not only enhance the property's aesthetic value but also provide a space for community activities. Maintaining and enhancing historically significant venues like this keeps our heritage alive and encourages responsible,community-centered development.I believe this addition will benefit our neighborhood. Thank you for your time and consideration.Should you have any questions or require further information,please feel free to contact me.I respectfully urge you to approve this project and help ensure that Country Villa remains a cherished part of our community. Sincerely, Peter Imboden 52 0 B2 VIlrb ° eeCa N�, h�A OO OA B2 �� �aa I - B2 N ® site Ellmer Properties Virginia Beach LLC W F p 9 Property Polygons 3909 Virginia Beach Boulevard S QZoning Building Feet 0 25 50 100 150 200 250 300 t O S3•E)) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELLMER PROPERTIES VIRGINIA BEACH, LLC [Applicant] 3909 VA BEACH BLVD., LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Motor Vehicle Sales) for the property located at 3909 Virginia Beach Boulevard (GPIN 1487241210). COUNCIL DISTRICT 4 (Ross- Hammond) MEETING DATE: October 21, 2025 ■ Background: The original Conditional Use Permit for Motor Vehicle Sales on this B-2 Community Business District zoned parcel was approved by the City Council in 1987. The site is approximately 2.54 acres and is located within the Rosemont Strategic Growth Area. The applicant is requesting a Modification of Conditions to redevelop the site with a contemporary dealership building and reorienting the vehicle display and customer parking areas. The new building will sit approximately 15 feet from the front property line, with the display room facing Virginia Beach Boulevard. While service bays are proposed at the rear of the building for customer drop-off and pick-up, the service and repair of vehicles will occur at 111 S. Kentucky Avenue, which is subject to a separate Conditional Use Permit. To provide greater connectivity between the dealership and the off-site service location, the applicant is proposing new sidewalk connections and pedestrian signal improvements. A vertical storage unit, which can accommodate up to nine vehicles, is also proposed at the rear of the building. The storage structure is 30-feet wide, 20-feet deep, and 24-feet tall. A five and a half-foot tall, neutral color vinyl fence is proposed along the rear property line, with landscaping in the City right-of-way to screen the site from the future Virginia Beach Trail, which is located immediately to the south of the subject property. The concept site plan depicts a total of 108 parking spaces, with 45 spaces designated for customer and employee parking and the other 63 spaces designated as display area. The 45 spaces for customers and employees exceed the minimum of 29 spaces required by Section 203 of the Zoning Ordinance. The typical hours of operation for the Sales Department are 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays. Service and Parts hours are typically 7.00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. Ellmer Properties Virginia Beach, LLC Page 2 of 4 ■ Considerations: The Rosemont Strategic Growth Area Plan envisions this commercial area along Virginia Beach Boulevard becoming more pedestrian oriented overtime and better connecting to surrounding neighborhoods. Commercial buildings should be brought toward the right-of-way, better connect to the sidewalk network, and provide points of interest for pedestrians and cyclists. The uses and site design should become less auto-centric and better serve people within the community and eventually, those making use of the Virginia Beach Trail. While the proposed use remains auto-centric, the proposed changes to the site better align the subject property with the policies and vision of the Rosemont Strategic Growth Area Plan. The building is located near the sidewalk along Virginia Beach Boulevard with parking and the service area placed on the sides and rear of the site. Additionally, the applicant has proposed additional landscaping adjacent to the building to supplement the existing streetscape and create a more pedestrian-friendly environment. The applicant was responsive to staff feedback, producing a design that limits the impact on the right-of-way, creates a visual buffer along the Virginia Beach Trail right-of-way, and creates an improved situation for the dealership's employees and general public alike. 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. All previous conditions attached to the Conditional Use Permit approvals of July 13, 1987 shall be voided and replaced with the following conditions below. 2. All site improvements, including but not limited to the fence elevation, shall be in substantial conformance to the exhibit entitled "PRIORITY LEXUS CONCEPT PLAN VIRGINIA BEACH, VA," prepared by Kimley Horn and Associates Inc., dated 08/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to any improvements or work in the City right-of-way or on City of Virginia Beach property, all required approvals shall be obtained, including but not limited to any necessary easements and permits. 4. Should the existing landscaping along Virginia Beach Boulevard or S Kentucky Avenue be disturbed, removed, or die, the landscaping shall be replanted to meet the requirements of the Zoning and Site Plan Ordinances. Ellmer Properties Virginia Beach, LLC Page 3 of 4 5. Fencing material shall be an opaque, privacy vinyl material as shown on the Concept Plan. The fence shall be an earth tone color. 6. No loudspeakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during the final site plan for review and approval by City staff. 8. The exterior of the building shall be constructed in substantial conformance with the appearance, size, color, and materials shown on the submitted building elevations entitled "NEW DEALERSHIP SHOWROOM & SERVICE DRIVE FOR PRIORITY LEXUS", prepared by Convington, Hendrix, Anderson Architects, dated 2/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 9. The primary finishing material for the building shall be a composite panel with aluminum coversheets, as shown on the Elevations. The finishing shall be in substantial conformance with the grays shown on the Elevations. 10. No vehicles for sale, rent, or employee or customer parking shall be parked within any portion of the public rights-of-way. 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signage. 12. 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. There shall be no portable or nonstructural signs or electronic display signs on the site. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. Ellmer Properties Virginia Beach, LLC Page 4 of 4 14. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. ■ 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: �� � Agenda Item 7 A•• Properties - • ••- 919 C- C • . CouncilPlanning Commission Public Hearing: September 10, 202S V i City '• • • Project Details Dwh NNfN J -Pf LN ANSON DEL{ Request R NBA Modification of Conditions (Motor Vehicle Sales) ``' F Stag`'Recommendation Approval Staff Planner Michael Hayes Location 3909 Virginia Beach Boulevard n y GPINs 1487241210 PA PL 36WAR�rMMNL Site Size J i PL 2.45 acres AI CUZ CA4,11j LLDR \ Less than 65 dB DNL Watershed " Chesapeake Bay Existing Land Use and Zoning District . E Motor vehicle sales/ B-2 Community Business Surrounding Land Uses and Zoning Districts i r, North l `w Y 9 Virginia Beach Boulevard Medical office, shopping center, religious institution/ B-2 Community Business, R-7.5 g`' , Residential \ - South Unimproved right-of-way Mini-warehouse, shopping center/ 1-1 Light Industrial,/ B-2 Community Business East S Lynn Shores Drive Undeveloped lots, billboard signs/ B-2 Community Business West N Kentucky Avenue Shopping center/ B-2 Community Business Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 1 of 17 Background SummaryofProposal • The applicant seeks to modify the conditions associated with a Conditional Use Permit for Motor Vehicle Sales approved by City Council on July 13, 1987 on this B-2 Community Business zoned parcel. • The 2.45-acre site is located in the Rosemont Strategic Growth Area (SGA) and is currently developed with two buildings. The applicant is seeking to modify the conceptual site plan, landscape plan, and building elevations in order to demolish the existing buildings and construct a new dealership. • The proposed building elevations depict an exterior fagade composed of light grey composite panels with aluminum coversheets with dark grey accents. At the tallest point, the building will be 30 feet in height. • The new dealership will include a showroom, sales offices, and pull-in bays for customers dropping off cars for maintenance and repairs. The showroom will front Virginia Beach Boulevard, approximately 15 feet from the right-of-way, while the pull-in bays are positioned at the rear of the building. • While customers will drop off vehicles at this location, the actual maintenance and repair work will occur at a neighboring site located diagonally across the unimproved right-of-way from the subject site on Kentucky Avenue. Once repairs are complete, dealership staff will return the vehicles to the dealership for customer pick up. • In addition to the vehicle display area proposed along the western side of the site, the applicant is proposing [begin strikethrough] tws[end strikethrough] a vertical storage structures at the rear of the [begin strikethrough] pFepeFty, fFent ng Phase 2 „f the V;.gip; Tr 4 [end strikethrough] building. [begin strikethrough] Each stri-r- ria will he [end strikethrough] The structure is 30-feet wide, 20-feet deep, and 24-feet tall and can hold 9 vehicles. • A five-foot tall vinyl fence on the subject property and landscaping within the adjacent right-of-way are proposed to buffer the future Virginia Beach Trail from the back of the motor vehicle dealership. Due to an existing City of Virginia Beach water main and Hampton Roads Sanitation District sewer line, landscaping in this area is limited to shrubs and smaller plants. • The concept plan appears to meet the requirements for display area landscaping, building foundation, streetscape plantings, and interior parking lot plantings. The applicant is proposing to retain the existing landscaping along S. Kentucky Avenue and Virginia Beach Boulevard, as practicable. If existing landscaping cannot be retained through construction, staff has conditioned that new landscaping will be installed to meet the Ordinance requirements. A more detailed review of the landscaping will be done with the formal site plan review process. • The conceptual site plan depicts a total of 108 parking spaces, of which 45 are designated for customer and employee parking and 63 are designated for display area spaces. Per Section 203 of the Zoning Ordinance, the redevelopment requires 29 parking spaces based upon the proposed 26,148 square foot building, meaning the proposed concept plan exceeds the required parking by 16 spaces. • The proposed hours of operation for Sales are 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays. Service and Parts hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. Ellmer Properties VirginiaBeach, LLC Agenda Item 7 page 2 of 17 HistoryZoning Map Key No. Request CUP (Tattoo Parlor) Approved rths 1 03/09/2024 c 2 CUP (Indoor Recreation Facility) w Approved 01/07/2019 Ra�4 3 CUP(Motor Vehicle Sales) Approved ;� he`''O 07/13/1987 2 Y`• Z; 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 • • • The proposal to modify the conditions of the Conditional Use Permit for Motor Vehicles Sales at 3909 Virginia Beach Boulevard is, in Staff's opinion, acceptable.The property is located in the Rosemont SGA, which calls for a transformation to a mixed-use area built around an improved grid pattern and the Virginia Beach Trail. The vision for this area is to establish a pedestrian-friendly, walkable district that provides easy access to businesses from streets, bus stops, sidewalks, and adjacent structures. The Comprehensive Plan recommends that developments be designed to encourage engagement on the street level and improve the environment for pedestrians and users of the future Virginia Beach Trail. Considering this is an existing dealership with an active Conditional Use Permit, staff finds the proposed changes to the site better align the subject property with the City's adopted policies and vision. In accordance with Section 283 of the Zoning Ordinance, which allows for a reduced setback in the Strategic Growth Areas, the new showroom will be located 15 feet from the front property line. No parking or display area is proposed between the dealership and the street and the applicant has proposed additional landscaping adjacent to the building to supplement the existing streetscape and create a more pedestrian-friendly environment. As stated previously, the applicant is proposing to add two vertical storage lifts, each of which holds nine vehicles and is 24 feet tall and 30 feet wide,to provide increased storage capacity for new vehicles.These storage lifts are situated behind the building, with one near the rear property line and the other located close to the building. Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 3 of 17 Due to the site's location adjacent to the city right-of-way and the future Virginia Beach Trail, the applicant is proposing a privacy fence to screen the site where none currently exists today. The applicant is also proposing landscaping within the city's right-of-way to provide further buffer the Trail from the dealership. Since the service and repair functions of the dealership occur at an off-site location on the opposite side of Kentucky Avenue and across the future Trail, the applicant is proposing sidewalk and pedestrian signal improvements along S. Kentucky Avenue to connect the subject site to 111 S. Kentucky Avenue, which is under the same ownership.This will not only make the walk safer for employees but will also improve conditions on this segment of Kentucky Avenue for pedestrians in general. Given these considerations, staff finds the proposed Modification of Conditions better aligns the subject site with the City's vision for the Rosemont Strategic Growth Area. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of July 13, 1987 shall be voided and replaced with the following conditions below. 2. All site improvements, including but not limited to the fence elevation, shall be in substantial conformance to the exhibit entitled "PRIORITY LEXUS CONCEPT PLAN VIRGINIA BEACH, VA," prepared by Kimley Horn and Associates Inc., dated 08/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to any improvements or work in the City right-of-way or on City of Virginia Beach property, all required approvals shall be obtained, including but not limited to any necessary easements and permits. 4. Should the existing landscaping along Virginia Beach Boulevard or S Kentucky Avenue be disturbed, removed, or die, the landscaping shall be replanted to meet the requirements of the Zoning and Site Plan Ordinances. 5. Fencing material shall be an opaque, privacy vinyl material as shown on the Concept Plan. The fence shall be an earth tone color. 6. No loudspeakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during the final site plan for review and approval by City staff. 8. The exterior of the building shall be constructed in substantial conformance with the appearance, size, color, and materials shown on the submitted building elevations entitled "NEW DEALERSHIP SHOWROOM Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 4 of 17 &SERVICE DRIVE FOR PRIORITY LEXUS", prepared by Convington, Hendrix,Anderson Architects, dated 2/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 9. The primary finishing material for the building shall be a composite panel with aluminum coversheets, as shown on the Elevations.The finishing shall be in substantial conformance with the grays shown on the Elevations. 10. No vehicles for sale, rent, or employee or customer parking shall be parked within any portion of the public rights-of-way. 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signage. 12. 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. There shall be no portable or nonstructural signs or electronic display signs on the site. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 14. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 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. Existing Condition When approved by City Council on July 13, 1987, the following condition was included: 1. Establish landscaping adjacent to Virginia Beach Boulevard between 5 and 10 feet in width at the judgment of the City staff. Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 5 of 17 Comprehensive Plan Information The Comprehensive Plan identifies the subject property as part of the Rosemont Strategic Growth Area (SGA), providing a more detailed vision for future land use and development in this area via the Rosemont SGA Master Plan. Overall, the plan envisions a more gridded block system of denser mixed-use development built around the spine of Virginia Beach Boulevard and the Virginia Beach Trail. (p.35-37)The combination of a mixture of uses, buildings up to five (5) stories in height, and improved streets and trails are intended to create a more walkable environment within the SGA and connecting to the adjacent residential neighborhoods. (p. B- 1, Reference Handbook) Where development or redevelopment occurs, buildings should be located close to the pedestrian street with off-street parking behind or beside the building. On corner lots, the recommendation is to locate the building, rather than parking or service areas, at the corner. With this placement, the buildings should help frame the pedestrian environment, making walking in the area easier and more comfortable. (p.B-1, Reference Handbook) Special attention should be given to lighting and landscaping. Both should be implemented to enhance the area, avoiding lighting spillover while increasing tree canopy across pedestrian pathways. (p.B-2, Reference Handbook) 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. Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 6 of 17 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach The use and scale of the use are not Boulevard 39,000 ADTl 74,000 ADT 1(LOS 2 "D") changing in a way y than that will material) impact traffic generation. 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Virginia Beach Boulevard, is an eight-lane major urban arterial road, in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. Active Transportation Plan The property sits on the alignment of the proposed Virginia Beach Trail, which will serve both as an attraction and a connection across the city. The intent is to have uses and development along the trail to enhance the experience on the trail and its visual appeal. Development of properties along the trail should also provide 5- foot-wide sidewalks connecting Bonney Road and Kentucky Drive to the Virginia Beach Trail and Virginia Beach Boulevard. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available on this site. Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 7 of 17 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, October 7, 2025 and October 14, 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 October 6, 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 17, 2025. Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 8 of 17 a PRIORITY LEXUS r i CONCEPT PLAN I VIRGINIA BEACH, VA ! - {y OROI SEACH BL VETS 5 NEWXKYAVf - � = PRELWINARY SITE DATA PAkCELG IN ..,:. G - AMRE55 P3A094VFBM'a1 =h SIr4, -- . VRDPERTi OWNER:3908 VA BEACH BLVO LLC MfM:SFCF NUvI FF^Y'- —__.��.', �'.'"r• + ''^ II PROPERTY CLASS.COMMEPG!ALIINDUSTRIAL ZONING82 r PP.:d:1N6:12 ACREAGE:245AC BUILDING 13T FLOOK 21,162 SY. FILL—:HO FL 999OOR. 2, S.F. TOTAL M'DM 26.1499.l. ` PARKING If PARKINGPEOURED AT'SPr900S.F 2A SPACES PARKING PROVIDED AY SPACES _�.......:. ._ DISPLAY SPACES. 613PACE51 BUILDPIG SETDACK5 •� ART ER AL STREET IC FT _gyp 1 (AnlcIT 2 S-263.Rage I SCA) ^' 'a. 'a.,,NK i•Yr I FRONT;S.kENNCKY AA.06' REAP,0 P SITE IS LOCATED IN THEFOR IV OUtLDSA V4MCN GRANTSEIM PER MISSION ERIA 1SEET&iG t m A I. SETBACK ALONG ARTERIAL STREETS. . ..I N PA RKIHG LOT$ETSACK$ 110 ADJAC6HI TOA6TPEFT_1p'REAR. .1...,.•'.,.i 1101 ! � I I R[AR:O FT CONL'FFI LANDSCAPE LEtiE/40 ~ ( PLANT SCHEDULE HrA raRla: Nu � I rD �_ ., ._ �� _ 1 t.r• I 0 T - _0 rD rD � � _ .Iran• I .roA.Irrtuna�r-+n.rana•wsew•r�ilr h.. .�.+.was.:ewu9aul uN lr+ANK- Ln r+mmrap D �o���p G � 1 _i Kimley»>Horn r.,. Wn cu n � (D D 0 N • of - • and Service Center Locations es Y 4"1 CI r A w , -. 17 Nz N . -... _-:. .... -�.. .....,..-tee..,..._.�-.... � Ellmer Properties Virgini B a ach, LLB Agenda Item 7 page 10 of 17 Proposed Building ElevationsS 14 65*CZ YA'HOV39 VINI921A TWU I1OV39 VINIONA 606E s 7 snx=-i-1 uiNoibd a o e a N NOJ 3nIN0 I-NANIS V WOOMMOHS dIHSM31VIQ MIN A Q 1 � 1 � i _ E I i t i I f f � ---- a _ I Z > w ZY �r Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 11 of 17 Proposed Storage t t rim" p - - iasr;e saen xcrla«eKnsr�e:(IaaslrbaR-oat lrmwwani�eef;nn Typical configuration.End ley is required to complete a row of lifts. Will—, , .� t Oe I Lv 102'or96- "JLe tUTm96 '07m96 QN CENTER ON CENTER ON CENTER msn;cc:�a:�08=,I fronl:vvKGs:lnaaa:mo-'wuy.oru Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 12 of 17 Site • • r 3 ,F Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 13 of 17 Disclosure CITY OF Disclosure VIRGINIA V 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 Ellmer Properties Virginia Beach, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso Not' If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3), Does Applicant have a Representative?Yes No® If yes.name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern& Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(�)Noo If yes,list the names of at/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) Members:Matthew A.Ellmer Irrevocable Trust,Ll/AiD December 21,2012&Greg Amorosso;Matthew A.Ellmer, Manager Does the subject property have a proposed or pending purchaser? Yes No If yes,name proposed or pending purchaser: The Applicant v KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If Ves::name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 14 of 17 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Q Architect/Land Planner Construction Contractor 0 IS Engineer/Surveyor/Agent 0 David Dallman Kimley Horn Legal Services Q 0 R Edward Bourdon,Jr,Esq,Sykes,Bourdon,Ahern&Levy,P C APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Elimer Properties Virginia Beach,LLC Matthew A. Elimer, Manager �.1� I � 07/01/2025 Applicant Name(Print) Applicant Signature Date "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the 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): 10/3/2025 -Michael D Hayes W—L i �wa," .d- 10/3/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3a .x Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 15 of 17 Disclosure SECTION ' • ' OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application 3909 VA Beach Blvd., LLC, a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes A No If yes, list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary 2 or affiliated business entity 7 relationship with the applicant. (Attach list if necessary.) Charles G.Barker Real Estate Holding Company,LLC,a Virginia limited liability company:Charles G.Barker,Jr.,Manager Does the subject property have a proposed or pending purchaser? Yes + Noo If yes,name proposed or pending purchaser: Ellmer Properties Virginia Beach, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o No if yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services 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 andlor individual) Financing(mortgage,deeds of trust, Q Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 ) Accounting/Tax Return Preparation Architect/Designer/Landscape Q Q Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services (�) John F.Faber,Esq.,Williams Mullen PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this,Corm is complete, true,and accurate. f understand that, upon receipt of notification that the application has been scheduled for public hearing, t 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. OoeuSigned by: Charles G. Barker, Jr., Manager C(.art.'c. baktr 2/1/2025 05DAF03-054-414.. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Ellmer Properties Virginia Beach, LLC Agenda Item 7 page 16 of 17 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. Ellmer Properties Virginia"l3each, LLC, Agenda Item 7 page 17 of 17 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #07 Ellmer Properties Virginia Beach, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Our next item is item seven, Ellmer Properties, Virginia Beach, LLC. Is there a representative here for this item today? Mr.Bourdon: Thank you,Vice Chair Coston,Madam Chair,members of the commission. Eddie Bourdon, Virginia Beach Attorney representing Ellmer Properties, LLC. Matt Ellmer and Craig Ellmer are both here today. We appreciate this item being on the consent agenda. The conditions as set forth in this application are all acceptable. I will mention that we did make every effort to add additional landscaping for the trail in the public right of way, not the railroad right of way,but the 50 foot public right of way adjacent to us where cars have been parked for some time. We attempted to possibly close it, possibly landscape a lot of it for the trail, but it turns out there's a very sizable water line and sewer line that run through that road, and the staff does not want any vegetation that's going to have any roots of any depth in that right of way. So we just have one row of landscaping adjacent to our fence,which will be on the property line. Thank you. Mr. Coston: Thank you, sir. Is this any, is there any objection 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 seeks to modify the conditions associated with a Conditional Use Permit for motor vehicle sales approved by City Council on July 13th, 1987 on this B-2 Community Business zoned parcel. The 2.45-acre site is located in the Rosemont Strategic Growth Area and is currently developed with two buildings. The applicant is seeking to modify the conceptual site plan, landscape plan, and building elevations in order to demolish the existing buildings and construct new dealerships. 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 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. All previous conditions attached to the Conditional Use Permit approvals of July 13, 1987 shall be voided and replaced with the following conditions below. 2. All site improvements, including but not limited to the fence elevation, shall be in substantial conformance to the exhibit entitled "PRIORITY LEXUS CONCEPT PLAN VIRGINIA BEACH, VA," prepared by Kimley Horn and Associates Inc., dated 08/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to any improvements or work in the City right-of-way or on City of Virginia Beach property, all required approvals shall be obtained, including but not limited to any necessary easements and permits. 4. Should the existing landscaping along Virginia Beach Boulevard or S Kentucky Avenue be disturbed, removed, or die, the landscaping shall be replanted to meet the requirements of the Zoning and Site Plan Ordinances. 5. Fencing material shall be an opaque, privacy vinyl material as shown on the Concept Plan. The fence shall be an earth tone color. 6. No loudspeakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during the final site plan for review and approval by City staff. 8. The exterior of the building shall be constructed in substantial conformance with the appearance, size, color, and materials shown on the submitted building elevations entitled "NEW DEALERSHIP SHOWROOM & SERVICE DRIVE FOR PRIORITY LEXUS", prepared by Convington, Hendrix, Anderson Architects, dated 2/27/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 9. The primary finishing material for the building shall be a composite panel with aluminum coversheets, as shown on the Elevations. The finishing shall be in substantial conformance with the grays shown on the Elevations. 10. No vehicles for sale, rent, or employee or customer parking shall be parked within any portion of the public rights-of-way. 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signage. 12. 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. There shall be no portable or nonstructural signs or electronic display signs on the site. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 14. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 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. Virginia-Beach-Boulevard 10 ON ol •� 0 o B-2 v B2 .2 �� B20001./ o Road Bonne y B onney Road Al12 R7.5 ® Site *--1 �. Ellmer Properties Bonney Road LLC Property Polygons s Zoning 3890, 3894, & 3898 Virginia Beach Boulevard Building Feet 0 1530 60 90 120 150 180 �94'oaµ�.•,tj� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELLMER PROPERTIES BONNEY ROAD, LLC [Applicant] BRUCE B. MILLS REVOCABLE TRUST AND ADAMS OUTDOOR, LIMITED PARTNERSHIP [Property Owners] Conditional Use Permit (Bulk Storage Yard) for the property located at 3890, 3894, and 3898 Virginia Beach Boulevard (GPIN 1487330956, 1487238922, and 1487237932). COUNCIL DISTRICT 4 (Ross- Hammond) MEETING DATE: October 21, 2025 ■ Background: The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard to use three parcels, totaling 80,168 square feet, for storage of new and used vehicle inventory, loaner fleet, and to provide employee parking for a nearby car dealership. The site is located on Virginia Beach Boulevard in the Rosemont Strategic Growth Area (SGA). The two existing billboards, owned by Adams Outdoor, Limited Partnership, would remain on-site. The proposed bulk storage yard lot will not be open to the general public, and use of the site will be limited to the storage and parking of motor vehicles for the Priority Lexus auto dealership that currently operates at 3909 Virginia Beach Boulevard. Motor vehicle sales will take place on this property, and all vehicles will be transferred to the site individually and not by tractor-trailer or similar vehicle. Access to the site is proposed via two gated driveways, with the one on Bonney Road serving as the primary entrance. The perimeter of the site will be enclosed with an eight-foot-tall metal picket fence and Category VI landscape screening as required by Section 228 of the Zoning Ordinance. The applicant proposes additional plantings in the future Virginia Beach Trail right-of-way, which sits between the subject site and Virginia Beach Boulevard. ■ Considerations: The Rosemont SGA Plan explicitly recommends supporting development and redevelopment that is more pedestrian-friendly by having more community-serving businesses, bringing fronts of buildings to the sidewalk, providing pedestrian amenities, and designing buildings and site features in a way that adds interest for potential passers-by. The application proposes significant landscaping, which, when mature, will generally screen the public view of the storage yard, especially from the Virginia Beach Trail and Virginia Beach Boulevard. However, the Ellmer Properties Bonney Road, LLC Page 2 of 3 proposed use is fundamentally at odds with the vision of the Rosemont SGA. At their September public hearing, the Planning Commission discussed whether the use was appropriate given the adjacency to the Virginia Beach Trail and Virginia Beach Boulevard. The Commission also considered that the proposed storage yard supports a nearby automobile dealership and that the limited construction involved with the proposal would allow for future redevelopment of the site in a way that better aligns with the vision of the Rosemont SGA when the market is ready. One person spoke in opposition to the application at the Planning Commission hearing, citing concerns with the use being auto-centric and not in keeping with the Rosemont SGA Plan. After weighing the competing factors of the case, the Planning Commission recommended approval of the request, subject to the proposed conditions, including an added condition (Condition 8) to formalize the requirement for an encroachment agreement to be approved by the City Council prior to the applicant making any improvements in the right-of-way of the future Virginia Beach Trail. Further details pertaining to the application, as well as Staffs 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 6 to 3. 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Priority Lexus Bulk Storage CUP Exhibit," prepared by Kimley Horn, and dated 03/25/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site, and no sales shall take place on the subject properties. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum, vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. Ellmer Properties Bonney Road, LLC Page 3 of 3 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. 7. The installation of security gates across a fire apparatus access is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. 8. Prior to the installation of any improvements proposed within the public right- of-way, including landscaping, the operator shall obtain approval of an Encroachment Agreement by the City Council. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:#) Applicant: Ellmer Properties Bonney Road, LLC Property • Bruce B. Mills Revocable Trust, Adams Outdoor LP VB' CouncilPlanning Commission Public Hearing: September 10, 2025 City •• • • Project Details Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Qt tftik Denialw ; gR,�z1Ea Staff Planner > A�r�s. Michael Hayes _ m P Location 3890, 3894, & 3898 Virginia Beach Boulevard GPINs 1487330956, 1487238922, & 1487237932 _ js Site Size 80,168 square feet _ ••Kv�+►•w� AICUZ VPXcae yL Less than 65 dB DNL OR Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped lots, billboard signs/ B-2 Community .3� Business Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard •, Z Retail, Housing for Seniors/ B-2 Community - Business, 0-2 Office i South . Bonney Road Retail, motor vehicle dealership / B-2 Community , Business r, -'4ILL East Billboards/ B-2 Community Business West S Lynn Shores Drive Retail, restaurant/ B-2 Community Business Ellmer Properties Bonney Road LLC Agenda Item 8 page 1 of 15 Background SummaryofProposal • The applicant seeks to utilize three parcels, totaling 80,168 square feet, to store new and used car inventory, loaner fleet, and to provide employee parking for a nearby car dealership, which falls under the classification of a Bulk Storage Yard in the Zoning Ordinance. • The parcels are zoned B-2 Community Business District and lie within the Rosemont Strategic Growth Area (SGA).The site is currently undeveloped but contains billboard signs owned by Adams Outdoor LP. The billboards, which are located on the middle parcel (3894 Virginia Beach Boulevard), will remain on the site and continue to be maintained by Adams Outdoor LP. • The proposed storage yard will not be open to the public, and use of the site will be limited to the Priority Lexus auto dealership that currently operates at 3909 Virginia Beach Boulevard. • As shown on the Conceptual Site Plan, access to the site will be from S. Lynn Shores Drive and Bonney Road, with access to the billboards occurring from the interior of the site. • The site will be used exclusively for the storage and parking of motor vehicles. Motor vehicle sales will not take place on this property. • No buildings or structures, other than a perimeter fence and internal parking lot lighting, are proposed as part of this application. • Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be fully enclosed with a minimum six- foot tall privacy fence in combination with Category VI landscape plantings. As depicted on the conceptual site plan, an 8-foot tall aluminum picket fence and Category VI landscaping are proposed around the perimeter of the parking lot, as required. • Vehicles will be transferred to the site individually and will not be delivered to this site by a tractor-trailer or similar vehicle. Ellmer Properties Bonney'Road LLC Agenda Item 8 page 2 of 15 Zoning History ` i Map Key No. Request 02 CUP (Housing for Seniors and 1 Disabled Persons) Approved UNWIN1A BEACH BLVD 08/12/2020 CUP (Furniture Showroom) Approved 12/10/1997 Q' W , CUP (Religious Facility) Approved 2 01/11/2005 Z 2 $2 MDC (Religious Facility)Approved 08/12/2008 CUP (Indoor Recreational Facility) so AEY pproved 5 { 1 0 Approved 06/09/2009 q, m 82 CRZ(Crematory) Approved ;12pkl s ez ` p 3 05/08/1996 l CUP(Crematory) Approved 05/08/1996 CUP (Motor Vehicle Sales & Rental; Automobile Repair Garage) Approved 09/14/2016 MDC (Motor Vehicle Sales & Rental; 4 Automobile Repair Garage) Approved 11/08/2017 MDC (Motor Vehicle Sales & Rental and Automobile Repair Garage) Approved 09/15/2020 CRZ (Motor Vehicle Sales) Approved 5 05/25/2003 CUP (Motor Vehicle Sales) Approved 05/25/2003 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 Ellmer Properties Bonney Road LLC Agenda Item 8 page 3 of 15 Evaluation • • • The proposal to operate a Bulk Storage Yard at this location is, in Staff's opinion, not acceptable.The property is located in the Rosemont SGA, which calls for transforming the area to a mixed-use area built around an improved grid pattern and the Virginia Beach Trail.The vision for this area is to establish a pedestrian-friendly, walkable district that provides easy access to businesses from streets, bus stops, sidewalks, and adjacent structures. Auto-centric uses specifically for the storage of motor vehicles and employee parking do not align with this vision. The Comprehensive Plan recommends that developments be designed to encourage engagement on the street level and improve the environment for pedestrians and users of the future Virginia Beach Trail. Given that the property is located along highly visible intersections and directly adjacent to the Virginia Beach Trail right-of-way, the use, lack of pedestrian orientation, and landscaping were discussed with the applicant. Due to the considerations above, Staff is recommending denial of this request. Staff's rationale is provided below. Although the applicant has made improvements to ensure the proposed use can operate safely at the subject site, including perimeter fencing, lighting, and prohibiting delivery by tractor-trailers, fundamentally, the proposed use does not align with the City's adopted plan and policies for the area. While Staff recognizes that car dealerships have long been a part of the land use pattern along this area of Virginia Beach Boulevard, the city made a decision to head in a new direction with the adoption of the Rosemont SGA and its intent to implement the Virginia Beach Trail along the railroad corridor. Intrinsically, Bulk Storage Yards do not contribute to a pedestrian-oriented urban environment as recommended in the Rosemont SGA Plan. Additionally, the required screening will effectively create a vegetated wall along the Virginia Beach Trail and Virginia Beach Boulevard, rather than activating the site for pedestrian use. Furthermore, Lynn Shores Drive is a key connector between residential neighborhoods north and south of Virginia Beach Boulevard. Whereas the City saw a step forward in achieving the plan with the opening of the senior multifamily development directly across Virginia Beach Boulevard, and while auto dealerships may have a lengthy future on their current properties, the proposed development of the three undeveloped properties for a Bulk Storage Yard does not advance the vision for the Rosemont SGA. The site's location directly adjacent to the proposed Virginia Beach Trail and high visibility from Virginia Beach Boulevard and Bonney Road, make the proposed use unsuitable for this location. As such, Staff recommends denial of this Conditional Use Permit request for a Bulk Storage Yard. Should the Planning Commission contemplate approval, the following conditions are provided for consideration. r. Ellmer Properties Bonney Road LLC Agenda Item 8 page 4 of 15 Recommended Conditions 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Priority Lexus Bulk Storage CUP Exhibit," prepared by Kimley Horn, and dated 03/25/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site, and no sales shall take place on the subject properties.The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum,vinyl, or other durable composite material. Wood and chain- link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. 7. The installation of security gates across a fire apparatus access is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ellmer Properties Bonney Road LLC Agenda Item 8 page 5 of 15 Comprehensive Plan Information The Comprehensive Plan identifies the subject property as part of the Rosemont Strategic Growth Area (SGA), providing a more detailed vision for future land use and development in this area via the Rosemont SGA Master Plan. Overall, the plan envisions a more gridded block system of denser mixed-use development built around the spine of Virginia Beach Boulevard and the Virginia Beach Trail. (p.35-37)The combination of a mixture of uses, buildings up to five (5) stories in height, and improved streets and trails is intended to create a more walkable environment within the SGA and connecting to the adjacent residential neighborhoods. (p. B-1, Reference Handbook) Development in this area should move away from large parking lots and toward an environment where buildings are designed and positioned to encourage interaction with the sidewalks and streets. Stockade fencing should be avoided, and landscaping should be used to enhance the pedestrian environment and create a sense of place. (p. B-2, Reference Handbook) 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 2-0 ADT Bonney Road 11,500 ADT1 25,100 ADT 1(LOS 4 "D") Existing Zoning- 1012 ADT based on 1.84 ac B-2 Zoning Proposed Land Use 3—No Data Available 1 Average Daily Trips 2As defined by 3 No trip generation existing vacant lot for a vehicle storage 4LOS = Level of yard for an auto Service dealership Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Bonney Road, in the vicinity of this application, is a four-lane, undivided minor urban arterial. It is shown as an undivided facility on a 70-foot right-of-way on the MTP Map. Lynn Shores Drive is a divided local roadway that connects Bonney Road to Virginia Beach Boulevard. There is a roadway Capital Improvement Program (CIP) project slated for this area. Virginia Beach Boulevard and Independence Boulevard Pedestrian Crossings (CIP 100692) involves implementing signalized pedestrian crossings including ADA-compliant ramps, installing high visibility backplates, and associated improvements at 12 existing signalized intersections, to include the Virginia Beach Boulevard/Lynn Shores Drive intersection. Ellmer Properties Bonney Road LLC� Agenda Item 8 page 6 of 15 Active Transportation Plan The property sits on the alignment of the proposed Virginia Beach Trail, which will serve both as an attraction and a connection across the city. The intent is to have uses and development along the trail to enhance the experience on the trail and its visual appeal. Development of properties along the trail should also provide 5- foot-wide sidewalks connecting Bonney Road and Lynn Shores Drive to the Virginia Beach Trail and Virginia Beach Boulevard. Public Water City water is available. Sewer City sanitary sewer is not readily available on this 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 7, 2025 and October 14, 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 October 6, 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 17, 2025. Ellmer Properties Bonney Road LLC Agenda Item 8 page 7 of 15 Proposed Layout w + ON -------------- J €I � ^id on Z Won no m 0 =U) WN C) 00 m / LLJ ® o q ; Q 0 or- O Ml aU) ka 0 01 HHHHHHO `, .. �dZil�" ' �/ O '.R as �� I• � 3��� -.3 � 3 Wm � I rxi A, &jt� I' 9- T i Q RAI __ Ui 81 IL Ui LU af bi t Ellmer Properties Bonney Road LLC Agenda Item 8 page 9 of 15 Site • • _. r t ':Milk a r / :. g 4 Ellmer Properties Bonney Road LLC Agenda Item 8 page 10 of 15 Disclosure VVIRGINIA 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 low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or nther bodies. DISCLOSURESECTION 1:APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application Elmer Properties Bonney Road, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes©Noe If no,Property Owner must compiete SECTION 2:PROPFRTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO I,fves,name Rer)r!sentative. R Edward Bourdon,Jr., Esq., Sykes, Bourdon,Ahern&Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(i)Noo if yes,list the names of oii afficers,directors members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Dennis Ellmer,Sole Member Does the subject ro p petty have a proposed or pending purchaser? Yes • No tt yes,name proposed or pending purchaser: the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Not the r:° yee,and describe th ;weir rnTerest. 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 ana''lor 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 crass-col lateral ization,etc.) Real Estate Broker/Agent/Realtor Q Q Steve C.Frazier,Steve C.Frazier&Co. Disclosure Statement I rev. May-2024 page 1 of 3 Ellmer Properties Bonney Road LLC Agenda Item 8 page 11 of 15 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accountingfrax Return Preparation 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 w Engineer/Surveyor/Agent O i 0 David Da%w,Kir*-Horn ^� I i f 1 I O R.Edaarcl Bourdon,Jr.Esq.,Sykes,Bourdon,Ahem&Levy,P.C. Legal Services V Brandon S.Allred,Esq.,Kaufman&Canoles,P.C. APPLICANT CERTIFICATION READ:r 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. Ellmer Properties Bonney Road,LLC Dennis Ellmer,Sole Member r0_SW1.dbr. tlnLuS Zumt Y 1 213 1/2024 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 50 percent of the voting power of another corporation."See State and Local Government Conflict or 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(ifi)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular bash or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act,Va.Code§1.2-3101. FOR CITY USE ONLY: No chang,; o+(date): 10/3/2025 Michael D Hayes �1�a�y�/ ,� 10/3/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Ellmer Properties Bonney Road LLC Agenda Item 8 page 12 of 15 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Adams Outdoor Limited Partnership,a Minnesota limited partnership Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoO If yes,list the names of all officers,directors,members, or t!ustees below AND businesses that hove a parent-subsidiary r or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Kevin Jones,CEO,Richard Zecchino,CLO,Josh Sharlberg,CRO,and Louise Lopez,CFO Does the subject property have a proposed or pending purchaser? Yes@ Noo If yes,name proposed or pending purchoser: the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No� name the 0!, 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 cross-coilateralization,etc.) Real Estate Broker/Agent/Realtor ® 0 Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape d Architect/Land Planner lJ Construction Contractor Engineer/Surveyor/Agent 0 Legal Services O O PROPERTY OWNER CERTIFICATION READ.J 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 bod r com I eh ection with this application. Adams Outdoor Limited Partnership Property Owner Name(Print) Property O er gnaa re Date Disclosure Statement i rev. M ay-2024 page 3 of 3 Ellmer Properties Bonney Road LLC Agenda Item 8 page 13 of 15 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name; as.+fisted on application The Bruce B. Mills Revocable Trust Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesO• No0 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.) Bruce B.Mills,Trustee Does the subject property have a proposed or pending purchaser? YesO Noo If yes,name proposed or pending purchaser. Ellmer Properties Bonney Road, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 NoO If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor (�) 0 Colliers International Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 O Legal Services (�) 0 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. Del* aCnetlty Bute 8.0 Bruce B. Mills��ro'�'��:.b°° Bruce B. Mills, Trustee ,003X,p 02/03/2025 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Ellmer Properties Bonney Road LLC Agenda Item 8 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. Ellmer Properties Bonney Road LLC Agenda Item 8 page 15 of 15 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #08 Ellmer Properties Bonney Road, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Madam Chair, are we ready for our next item? Ms. Cuellar: Yes,we're ready for the next one. Thank you. Clerk: Item number eight,Ellmer Properties Bonney Road, LLC. Ms. Cuellar: Good afternoon. Mr. Bourdon: Good afternoon,Madam Chair,members of the Commission. For the record, Eddie Bourdon,Virginia Beach Attorney. Before representing Ellmer Properties, LLC, as I said previously, Matt Ellmer and Greg Ellmer with Ellmer Properties, and the applicant on this Conditional Use Permit for a motor vehicle inventory and employee parking facility for the Lexus dealership,which they are seeking to redevelop in the block to the west of the subject property,which you all approved earlier. And I want to, first of all,thank Michael Hayes for his work on that application. I also neglected to point out that with that application, my clients also agreed to place two rows of evergreen shrubs behind their service facility fence,which was not actually a part of that application,but it's a part of their dealership to,to that will grow up and completely block the view of the fence of the parking behind the service dealership. That fronts on Bonney Road,that's on the west side of South Military Avenue. This application involves three adjoining contractually assembled parcels containing almost two acres of land, 80,168 square feet to be precise. That's surrounded on three sides by a four-lane Lynn Shores Drive to the west, a four lane arterial Bonney Road to the south, 10 lanes of Virginia Beach Boulevard, our city's major east-west commercial arterial highway, along with a major Dominion Power high tension transmission line corridor,and a former railroad line right-of-way now owned by the City of Virginia Beach,which will be the future home of the next phase of the Virginia Beach Trail for bikers and pedestrians all located north of the subject property. The three parcels are each zoned unconditional B-2 General Commercial District. The westernmost parcel containing 20,000 square feet, fronting on Bonney,Lynn Shores and the future trail power line. And the Boulevard is currently owned by local businessman and attorney Bruce Mills, as is the easternmost property containing over 30,000 square feet, also zoned unconditional B-2. The middle parcel also contains over 30,000 square feet and is owned by Adams Outdoor LP, again, also zoned unconditional B-2. As you all know, Ellmer Properties and Priority Automotive are successful, very highly respected and community engaged Hampton Roads and Virginia Beach companies. And after great effort over a long period of time,they have contracted to purchase Mr. Mills's two properties, and they've contracted with Adams Outdoor to acquire a perpetual easement for the parking of motor vehicles on the center parcel, containing the two outdoor signs,which are not a part of that easement. Please understand that Adams Outdoor has made it clear and unequivocal that they will not sell fee title to this 30,000 square foot center parcel,but will permit, by perpetual easement,the parking of motor vehicles on that property. This proposed parking facility is solely for new and used motor vehicle inventory, including loaner vehicles for Priority Lexus's service facility customers to the west, as well as employee parking for employees of their Lexus dealership. And also, loaner cars, for, as I said,for customers for the service facility. Now,provided a handout that shows an aerial view, a little more information than the plan that's shown in the small version in your staff report. This parking lot,which will be completely enclosed by an eight foot high maintenance-free earth tone colored fence,placed 10 feet inside the property lines of the combined 80,000 square foot parcel,except along Bonney Road where east of the corner parcel, where actually set back the fencing is set back 25 feet from the property line. All of that exterior boundary,whether it's 10 feet out or 25 along Bonney on the east of the corner parcel,will be landscaped. The entire fencing will be landscaped by large evergreen shrubs planted on five-foot centers. That's very close together,that's over 250 evergreen shrubs. In addition,Ellmer Properties is offered to landscape and maintain 14,700 square feet of the city owned former railroad right-of-way,which is directly adjacent to the north side of their properties that they've assembled to purchase. If they can develop as we proposed, and which is encumbered by that Dominion Power transmission line easement,the landscaping and the cutting of grass, and the maintaining of all that property has been on the table since right after we filed this application. That will require an encroachment application to go to City Council for their approval. And also,the location and the materials to be planted in that landscaping area to beautify that old railroad right-of-way has to be approved by Dominion Power as well. The type of landscaping and its placement. Again,that's to facilitate eventual development of the future trail. Now, our fencing as it's shown on that handout is over a hundred,well, it's a hundred feet back from the edge of pavement on Virginia Beach Boulevard, 93 feet back to the east and over 45 feet back from where the trail,as I understand it,will be located in the old railroad right-of-way, right? The old railroad bed, I should have said. And again,counting our own property,we're landscaping over 20,000 square feet outside of our fence, on all sides of the property. The gated gates at both entrances. The main one on Bonney Road will be closed at all times. They will, it'll be,what's the word I'm looking for? You got to put in the code to be able to get in. The fire department will have that. It's monitored by security cameras,24/7. The lighting is low lighting,just,you know,not any high-level big lights to flash everywhere. The development of these properties as they are allowed to be developed today as they are zoned B-2 commercial under our 1973 zoning ordinance,our suburban zoning ordinance will not in any way, shape, manner or form serve the aspiration and goals of our comprehensive plan for the SGA at Rosemont. I wrote most of the language in that SGA plan. It is a product of a consultant's report that the city commissioned on all of the SGAs between the oceanfront and Newtown Road about 18 years ago when light rail was the catalyst for what they hoped. And we all,to some degree, some more than others,hoped would be a catalyst for redevelopment in that corridor between the oceanfront and Rosemont along the boulevard in 264. 02:48:48 Excuse me. Even then,the planning commission who put that in there realized that this would be decades and decades and decades happening. No way it was going to happen anytime soon. Since that time, we've got the CBD,the Central Business District form-based code was adopted and it's working well, obviously the oceanfront, same is true. That was the catalyst. There was also the BRAC and all the situation with the Navy. So those two,we've had form-based code now for quite a number of years, and it's working. But the reality of it is, even then,the Rosemont SGA plan very aggressive though it is in terms of developing a lot of residential and mixed use. The interchange at 264,Rosemont Road, Boulevard and Bonney Road is a nightmare today. And it wasn't far less than that 18 years ago. And the city is well aware that in order for this plan to ever come to fruition along the Rosemont Road SGA especially,there's got to be, I've seen plans with Bonney Road going on overpass to go over to the south side to end its intersection with Rosemont on the north side of 264. And there's an urban interchange. There's all kinds of millions of dollars that'll need to be spent to make that interchange acceptable to additional density. We can't do it with what's there today. And that's one reason why we don't have a form- based code applicable to that SGA. All we have is our 1973 suburban zoning ordinance. And those plans cannot happen without form-based code of some type, a complete overhaul of our zoning. The same is true to the West of Independence for the Witchduck and the Newtown Road SGAs. They cannot happen with our zoning. We have nothing that is creating any incentive for somebody to sell their property. We can't go out and condemn people's property to build all these high rises and what have you. So the reality of this is that this is an opportunity to preserve an opportunity on this piece of property because this use,we're not building any buildings,we're not investing millions of dollars on building something that would have a useful life of 30,40, 50, a hundred years. You know,that would be an impediment to doing something. Maybe we get a light rail line at some point in time. If we do,this is a great location for the end of it. Because I don't think we'll go any further east than this because you can't build any more residential anywhere east of this. And that was the catalyst for these big,grandiose plans with a station. And all the people would come to get on that, and they'd get off and there'd be mixed use somewhere to eat, drink, shop, live upstairs, you know, all those wonderful things in those very aspirational plans. I'm sorry. It's... Ms. Cuellar: Okay. We appreciate all your, but you're at red now. Mr. Bourdon: I'm sorry? Ms. Cuellar: I said your time is up. Mr.Bourdon: My time is up. Ms. Cuellar: Your time is up. You were gesticulating. It was getting exciting. If we could just pause for a minute. There likely be some questions from commissioners. Mr. Bourdon: All the conditions recommended are acceptable to us. And we have all,every intent,we have no objection whatsoever to adding an eighth condition that we must get an encroachment agreement from the city, which will make us take it out at 30-day notice from the city. We'll be happy to do that,that we will maintain and plant the landscaping in that area north of the facility. And we'll do the same with Virginia Power. That's all one and the same, as to where the landscaping would go. We,we have no,no disrespect at all for the idea of the trail,but the trail is not light rail. And light rail is what all these grandiose plans were based on. Alright. Ms. Cuellar: Well, I think we have a question here. Commissioner Plumlee? Mr. Plumlee: Mr. Bourdon. If you can't disclose it,that's fine,but is the applicant going to become the owner of the parcel in this transaction? Mr. Bourdon: They'll become the owner of the two end parcels in fee simple. The one in the middle,they'll have a perpetual,they'll be the beneficiary of a perpetual easement for parking of automobiles, be it motor vehicles for the, and that would be for the benefit of the parcels on either side. Mr. Plumlee: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: Mr. Bourdon,thank you for addressing the potential eighth condition that we talked about with regard to the landscaping and the agreement on that. And if it's the pleasure of the commission when we get to that point, I'm happy to read that into the record as part of a motion. Mr. Bourdon, question for you on the west side of the diagram,this is a 30-foot gate that you have on the parking lot that is adjoining South Lynn Shores Drive. You follow me where? Mr. Bourdon: I'm,I have a hard time. Mr. Camp: Okay. So, I'm on your diagram. I am on the left side of the paper. You have a 30 foot sliding gate. Mr. Bourdon: Oh,yes, sir. Mr. Camp: Very good. Okay. My question is, do you know if your client's predominant use of that gate,which direction of travel? Mr. Bourdon: It's a,that would be predominantly for exiting the facility to go out to the boulevard and turn left. And then at the light at Kentucky to turn left. It's not where cars will be delivered to the facility. That'll,they'll,and again, one at a time,there's no, no tractor trailer stuff,but the main access is on Bonney Road. Mr. Camp: Very good. So,because this is the closest exit to the trail in the future, and you would have people, let's say, bicycling back and forth on that trail, and here we have cars exiting a lot and we've asked you to screen it and you have all of these trees and bushes here. I would just say to the staff and to you that we would hope as that site plan develops,we've modified a few of these,but I'm trusting we don't have to keep touching every one of them. That that corner in the northwest corner of the lot is given some special attention to ensure safe sight lines so that a driver exiting this parking lot can be aware of people walking and bicycling on the trail. Mr. Bourdon: That's,that's extremely valid, and we will need to take a look at the visibility triangle and make sure that we can have full visibility of any vehicles leaving there. But it, it is, again, it's limited in who will be driving them. It's not the public. Mr. Camp: Thank you, sir. Mr. Bourdon: I appreciate that. Ms. Cuellar: Any other questions for Mr. Bourdon? Okay,thank you very much. Madam Clerk. I think we have a speaker for this application. Clerk: Yes,we just have one, and it's Ali Allred on Webex. Ms. Cuellar: Okay. Good afternoon. Ms.Allred: Hi. I told my parents they spelled my name wrong. My name's Ali, but that's fine. Allison's my real name. It's their fault. Thank you for hearing me. I do appreciate all of the considerations for the location along the VB Trail. And I share your passion for blowing up zoning. It is time and it is going to be necessary in order for us to achieve most of the comprehensive plan. But I am concerned about this specific lot location. It actually was one, it's one of my favorite spots that's going to be along the trail,because I thought it might be a nice space to spread out and have some amenities,which I understand are not direct revenue generators. However, I think that this is a very special piece of land and if they get a conditional use for a short time to store some things there, I think that's great. But it becoming a more permanent use by putting evergreen trees that are tall,you're sort of blocking the view into the neighborhood and the gateway having grown up all along the car dealership corridor. I just don't feel like we're looking for more of that in our front yard. So essentially what this does is puts a storage facility, a storage unit in the very front yard where we're along the boulevard,we're along Bonney, and we're at that gateway to the neighborhood. So I would suggest there be some consideration. I also deeply appreciate the point that Mr. Camp made about the visibility, and maybe cutting those corners if we are going to be moving forward with it. This should absolutely be a highly pedestrian forward place. I'm married to a law attendant. I worked at a car dealership. I respect this organization and what they do and all of the efforts that have been made. But I, I just think that this is probably the like the worst spot to put this on the entire trail. It's very public forward and I already get so many questions about what's going on with the trail. I am a member of Active Transportation Advisory Committee. I'm deeply concerned that this might confuse the public and think that the trail might not be coming because all of this is happening in one of the spots that already kind of looks like it should be a park or an adjacent amenity. So I feel like maybe there could be another place that could be considered in order to keep this business,which is already successful going. Thank you. Ms. Cuellar: Thank you very much. Any questions? Mr. Bourdon? Mr.Bourdon: I appreciate the comments. The one thing I will say is that we're not, we're planting basically evergreens that will only grow up to be about 10 or 12 feet in height. We're not planting trees. We're planting what will totally shield the fencing and the parking from view from anyone driving in the corridor. And as far as the trail is concerned,you know, like I said, we're, we're willing to plant and maintain, cut the grass and what have you in that trail,the extra space where the trail will be occupying. But we,once again,Dominion Power with those high transmission lines is not going to allow anybody to plant any trees that are going to grow up to significant height. So it'll be more low level,three, four feet type of landscaping. But this does not,as I said earlier, if anything,this preserves the ability for there to be something else on this property in the future. The current zoning of the property, it has value as unconditional B-2 property for shopping centers and things. I mean, stuff that it's not what we're looking for here. So 1,that's why I believe this is actually furthering the potential,preserving the potential that it could be something else, but that's going to involve,have to involve some city action on a number of different fronts for that to happen. Ms. Cuellar: Thank you very much. Commissioner Camp,your microphone's on. I just want to double-check. Mr. Camp: I'm sorry. I'm going to yield to Commissioner Mauch for the motion. Ms. Cuellar: Well, so at this discussion,wait, I haven't even gotten there yet. So just take a moment. At this time, I'd,well,I'd open the floor for discussion and for a motion. Commissioner Byler? Ms. Byler: I appreciate the comments from esteemed Councillor Bourdon. This is my district, and I disagree with a lot of what he said. Respectfully to start with,this Rosemont SGA is designed and envisioned for pedestrian friendly,walkable, easy access to bus stops and businesses, and bulk storage is like the antithesis of that. Bulk storage takes the property out of use so that people can't walk through it,they can't use it. All the fencing, all the hedges,that's all designed to take it out of use. This is valuable property on the VB Trail. It certainly violates the active transportation plan that the city adopted in 2021. And where Mr. Bourdon says that there's nothing that can be done on it with business zoning, I certainly disagree with that. Also,I'd love to see a bike shop on it. I'd love to see an ice cream store, a coffee shop, a fire pit where people are sitting around and community is mingling. There's so much that can be done with this land. To take this land totally out of use so that the public cannot benefit from it and our valuable Rosemont SGA, I think is a shame, but that's where I stand. Ms. Cuellar: Thank you, Commissioner. Commissioner Plumlee? Mr. Plumlee: Well, I think this is a difficult decision for all of us,quite honestly. You know,my office, I look out on the railroad tracks, it's right behind my office. I've been looking at it for 25 years, quite honestly,no trains coming. The freight trains don't come anymore either. But when we ask property owners to, first of all, I have to applaud Catherine. She is consistent. It's hard to do, it's hard to do it. I'm a land use attorney, right? So, I have this impulse where,okay,we're going to tell this owner,you can't develop right here because someday we're going to act. I've been looking at this railroad track 25 years. The city was given money to fund something. It set it aside because the public said, no,we don't want that. But it's been sitting there undeveloped, untaken up. When is the other side going to be accountable? If we say the landowner,you've got to be accountable. When's the city going to step up and start building this trail? You know, we may have some designs and discussions and it's coming. You can feel it. But we have owners up. And the other way we've been saying, you get an interim,you got to come back. Okay? And we've been doing that. It bothers me and 1,and I fall on both sides of this question. You,you,you don't believe this,but I do want the public to have the right to access a beautiful trail and to preserve that. I do. But when it comes at the cost of ready business and the cost of economic development,then I become conflicted. So, I don't know how I'm going to vote. I don't,and I just wanted to applaud Catherine again, because she's ready to speak her mind on that subject every time, and I do appreciate that. Ms. Cuellar: Thank you, Commissioner. Commissioner Mauch? Mr. Mauch: Yeah, I think those comments were well stated. I do think back about the application that came before us a few months ago with Beach Ford and similar type of land, except they were going to be flattening it and taking a building off and still allowing for a business to utilize it while keeping it a blank canvas. Although I would love to see trees there, and I would love to see a beautiful park there, it's under private ownership, and they're asking that we approve something that they think is highest and best use for their business. And I think it's something that we did just approve. And I don't find it unreasonable to approve this, understanding that it will still just be a blank canvas and that the market will dictate what should come next. And luckily there's not anything that's too substantial on that property as they're proposing it,to hinder them from adjusting if the market bears that. And so if, I guess I would move to approve this adding in an item, item number eight,that was spoken about. And it would read: any improvements proposed within the public right-of-way, including landscaping,would require an encroachment agreement to be approved by the City Council prior to installation. Ms. Schoonover: Second. Ms. Cuellar: So, we have a motion,pardon me, a motion for approval from Commissioner Mauch with an additional condition seconded by Commissioner Schoonover. Can you just read that one more time,your condition into the record so the clerk can get that? Mr. Mauch: Sure. Any improvements proposed within the public right-of-way, including landscaping,would require an encroachment agreement to be approved by the City Council prior to installation. Ms. Cuellar: Thank you very much. Is there further discussion? Commissioner Camp? Mr. Camp: So, I'd like to distinguish this from the Beach Ford application that we had heard recently that's been discussed. The Beach Ford application contained an old building that by the applicant's own characterization was no longer functional, it was obsolete. And as part of their proposal,they were investing money to create that blank slate by removing that building. I believed that that advanced the goals of the SGA plan. It removed something that was a problem and put the land in a ready state for next things. It was also a much less prominent site. It was not between Virginia Beach Boulevard and busy Bonney Road, a few blocks down from the Central Library. It was tucked back. And so, I see them as similar of course, in use as bulk storage for auto dealerships near a trail, in fact, fronting on it,but not the same in these other respects. I do respect what the applicant has done with regard to trying to make this work. I can't support it because I believe in this case it does not advance the SGA plan in the same way that the Beach Ford one did,or just on its own merits. But I would like to see the condition carried forward. Whether this passes or fails, I think that that condition is important. Ms. Cuellar: Thank you, commissioner. Any further discussion? Clerk: The vote is open. By recorded vote six to three, item eight, Ellmer Properties, Bonney Road, LLC has been recommended for approval. Ms. Cuellar: Thank you. Thank you, Commissioners. We have three additional applications. I know we've been sitting here for a bit. I just want to double check. Do we want to just keep going or do we want to take a five-minute break? We're going to recess for five minutes. We'll be right back. Thank you. Vote Tall Commission Member AYE 6 NAY 3 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 site shall be developed and landscaped in substantial conformance with the plan entitled, "Priority Lexus Bulk Storage CUP Exhibit," prepared by Kimley Horn, and dated 03/25/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site shall be limited to those sold as personal vehicles and loaner vehicles associated with the motor vehicle sales operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The general public shall not access this site, and no sales shall take place on the subject properties. The loading and unloading of vehicles shall be prohibited within the public right- of-way. 4. Fencing material shall be limited to aluminum, vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be submitted during final site plan for review and approval by City staff. 7. The installation of security gates across a fire apparatus access is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. 8. Prior to the installation of any improvements proposed within the public right-of-way, including landscaping, the operator shall obtain approval of an Encroachment Agreement by the City Council. 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:Alexis Bailey<alebailey@vbgov.com> Sent:Wednesday, September 3, 2025 11:55 AM To:Amanda F. Barnes<ABarnes@vbgov.com> Cc: Kaitlen S. Alcock<KAlcock@vbgov.com>; Marchelle L. Coleman<MColeman@vbgov.com> Subject: FW: Confirm Disclosure Statement for Bradley and Nettie Kain Hi Amanda, I hope you are doing well. Please see the letter of withdrawal for the Conditional Use Permit for Bradley and Nettie Kain below. Best, Alexis Bailey(she/her) DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Planner I, Planning Administration Division 0: (757) 385-8745 1 alebailey@vbgov.com https://planning.virginiabeach.gov/ 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 CITY OF V VIRINIA BEACH From: Mikey Kain<kainmikey@gmail.com> Sent: Wednesday, September 3, 2025 10:12 AM To:Alexis Bailey<alebailev@vbgov.com> Subject: Re: Confirm Disclosure Statement for Bradley and Nettie Kain 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. We would like to withdraw the cup application �r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRADLEY AND NETTIE KAIN [Applicants & Property Owners] Conditional Use Permit (Residential Kennel) for the property located at 405 Kings Point Court (GPIN 1486948144). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: October 21, 2025 (Withdrawal Requested) Since the application was deferred at the August 19th City Council hearing, the applicant has submitted a formal request to withdraw the application, as they no longer reside at the subject property. ■ Background: The applicant is requesting a Conditional Use Permit for a Residential Kennel to house 13 pet dogs within an existing 1,460-square-foot single-family dwelling in the Windsor Woods neighborhood. The dogs will be kept within the home except during supervised periods of outdoor relief and play. There is no exterior kennel or breeding proposed. Animal Control has received complaints regarding the number of dogs on the site and barking, however, according to Animal Control, all complaints have been unfounded. ■ Considerations: This property falls within the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which this use is considered. Due to concern with the number of dogs proposed, a condition limiting the number of adult dogs on the property to a maximum of 13 dogs at this time has been recommended. If any dogs are removed from the property for any reason or pass away, they may not be replaced, and the total number of dogs permitted under the Conditional Use Permit shall be reduced to a maximum of 6. Additionally, a condition limiting the number of dogs allowed outdoors at one time to 4 has been recommended. Two letters of opposition were received about the request, and 1 speaker spoke in opposition at the Planning Commission hearing, noting concerns with the number of dogs and excessive barking. There was one additional speaker at the Planning Commission hearing who spoke in support of the request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Bradley and Nettie Kain Page 2 of 2 ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend denial of this request by a vote of 9 to 1. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason or pass away, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). As the number of animals on the property reduces, the applicant may be allowed to keep up to no more than six (6) dogs on the premises. 2. No more than four (4) dogs shall be permitted to be outdoors at one time. When outdoors, the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. There shall be no breeding of dogs on the site. 6. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial Submitting Department/Agency: Planning Department City Manager: w P Agenda • Applicant and Property Owner: Bradley an• Nettie Kain Planning CommissionPublic CouncilCity / i' Project Details Request Conditional Use Permit (Residential Kennel) A u�tlN Staff Recommendation Approval �.w Staff Planner �w„w.,. KINGDOM CTQ, 4 Alexis Bailey C„pg� o K•+ z � o Coa cQ Location 405 Kings Point Court g GPIN \;. 1486498144 Site Size 1 8,162 square feet " AICUZ FORES i GLEN R Less than 65 dB DNL Watershed 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 Single-family dwelling/ R-7.5 Residential East Single-family dwellings/ R-7.5 Residential West Single-family dwellings/ R-7.5 Residential Bradley&aNettie Kain Agenda Item 19 page 1 of 9 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Residential Kennel to house thirteen pet dogs within an existing 1,460 square foot single-family dwelling on this R-7.5 Residential zoned parcel. The single-family dwelling is located within the Windsor Woods neighborhood. • The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. Since thirteen dogs are proposed to be kept on the property, a Conditional Use Permit is required. • The dogs will be kept in the home, except during supervised periods of outdoor relief and play. • No breeding of animals is proposed. • All animals are vaccinated and registered, per the applicant and Animal Control. • Animal Control has received complaints regarding the number of dogs on the site and barking, however, according to Animal Control, all of the complaints have been unfounded. Zoning • No prior Zoning History ! j 1 _. KINGS POINT pp + I .R7.S N z a O 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 Bradley& Nettie Kain Agenda Item 19 page 2 of 9 Evaluation • • • This request for a Conditional Use Permit for a Residential Kennel is, in Staff's opinion, acceptable. The property is located in the Suburban Area, where one of the guiding principles is to support Great Neighborhoods through complementary non-residential uses, such as the proposed Residential Kennel.The dogs will generally be kept inside the home and no outside kennel structure is proposed. Staff is concerned with the number of dogs proposed and as such recommends a condition limiting the number of adult dogs on the property to a maximum of 13 at this time. If any dogs are removed from the property for any reason or pass away, they may not be replaced, and the total number of dogs permitted under the Conditional Use Permit shall be reduced to a maximum of six. In response to the current number of dogs on this 8,162 square foot lot and complaints received by staff from adjacent neighbors regarding noise, staff also recommends a condition limiting the number of dogs allowed outdoors at one time to four. Staff believes this measure will help reduce potential impacts to the surrounding residential properties. Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason or pass away, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). As the number of animals on the property reduces, the applicant may be allowed to keep up to no more than six (6) dogs on the premises. 2. No more than four (4) dogs shall be permitted to be outdoors at one time. When outdoors, the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. There shall be no breeding of dogs on the site. 6. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Bradley& Nettie Kain Agenda Item 19 page 3 of 9 Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Suburban Area. 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 Proposed Land Use'—There is no specific trip generation data for a Kings Point Court No counts available 9,900 ADT '(LOS 4"D") residential dog kennel but reviewing the needs and the purpose of the applicant, it is concluded that there will be minimal impact to traffic. 1 Average Daily Trips 2As defined by a 'As defined by a 4LOS = Level of Single-Family Residential Kennel Service Dwelling Unit— 1 Unit Bradley& Nettie Kain Agenda Item 19 page 4 of 9 Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Kings Point Court, in the vicinity of this application, is considered a two-lane local street Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Wa ter The site currently connects to city water. There is an existing four-inch city water main along Kings Point Court. Sewer The site currently connects to city sewer. There is an existing eight-inch city sanitary sewer gravity main along Kings Point Court. Public Outreach Information Planning Commission • Staff has received two letters of opposition citing concerns related to the number of dogs on the site, noise, and prior Animal Control complaints. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 9, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 25, 2025 and July 2, 2025. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 23, 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 July 3, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 5, 2025 and August 12, 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 August 4, 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 August 15, 2025. Bradley& Nettie Kain Agenda Item 19 page 5 of 9 Site Photos z Bradley& Nettie Kain Agenda Item 19 page 6 of 9 Disclosure CITY OF Disclosure VIRGINIA V 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 �L [ L Is Applicant also the Owner of the subject property? Yes If no,Property Owner must complete SECTION Z:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®No(D if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes(D NoE)-' If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ.The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Or Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Bradley& Nettie Kain Agenda Item 19 page 7 of 9 SECTIONDisclosure Statement • -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape ry Architect/Land Planner V CK Construction Contractor 0 En ineer/Surve or/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, 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. Applicant Name(Print) Applicant Signature Dat 1"Parent-subsidiary relationship"means"a relationship that exists when,one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"o relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities there are common or commingled funds or assets;the business entities share the use of the 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): 7/2912025 Alexis Bailey 14&14c� 9"44 - - - 8/1/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M ay-2024 page 2 of 3 Bradley& Nettie Kain Agenda Item 19 page 8 of 9 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. 3_ Bradley& Nettie Kain Agenda Item 19 page 9 of 9 KINGS POINT RD Il R7.5 \ 7 R7.5 L 0 R7.51 I ® Site " _.� zoning Bradley & Nettie Kain wF ❑ Property Polygons 405 Kings Point Court 5 7— Building Feet 0 15 30 60 90 120 Map created by Planning Department on 7/15/2025 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #19 Bradley & Nettie Kain Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open by recorded vote of 10 to 0, item 18 for Jeffrey and Carmen Barrett has been recommended for approval. Our next item is item 19 for Bradley &. Nettie Kain. Ms. Cuellar: Hello. If you could please state your name for the record. Mr. Kain: Bradley Kain and Nettie Kain. Ms. Cuellar: Thank you for being here today. Can you tell us about your application? Mr. Kain: We just got 13 dogs. We didn't know, we wasn't supposed to have 13 dogs. We had to get a Conditional Use Permit, so we applied for that. So that's why we're here. Ms. Cuellar: I'm sorry, could you say that again? Mr. Kain: We got 13 dogs. We didn't know we were supposed to have one of these permits, so we found out we applied for it. That's why we're here. Ms. Cuellar: Okay. Thank you very much. Commissioners, are there any questions for the applicant? Ms. Hippen: Yes, how'd you get 13? Mr. Kain: The mother dog had birthed the first litter. We kept them, she had seven, and so we just kept them all. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Have you had a chance to speak to your neighbors about your request for Conditional Use Permit? Mr. Kain: Yeah, I spoke to `em. Mr. Plumlee: What,what did they tell you, what was their reaction? Mr. Kain: All of them was cool, but like, maybe one. And they, you know, now we're talking now, but at first he was cool. Then he got an attitude because I hung a Trump flag up. So after that it went downhill from there. So that's the biggest issue is the Trump flag. He was cool in the beginning. Mr. Plumlee: Okay. Thank you. Ms. Cuellar: Commissioner Camp. Mr. Camp: Thank you for coming down today. Can you tell us when you bought this home? Mr.Kain: Yep. September of last year. Mr. Camp: Did you have the dogs at that time? Mr. Kain: Yeah, we come from West Virginia with them. Mr. Camp: All 13. Okay. Thank you so much. Mr. Camp: All 13. Okay. Thank you so much. Ms. Hippen: What kind of dog? Mr. Kain: They're Chihuahua Yorkies, "Chorkies". Yeah,they're little,they're small. Ms. Cuellar: Thank you so much. Madam Clerk, do we have any speakers on this application? Clerk: Yes, we have three speakers. Our first speaker is Judy Champ, followed by Mark Hamilton. Ms. Cuellar: Please state your name for the record. Ms. Champe: Judy Champe. I live right next door to them. I've been in my house for 28 years. The previous owner did not have any dogs, so weren't used to hearing dogs bark or, you know, having any activity. So when they moved in, it was like, oh, there's dogs. I have no issue with it. They're very well behaved dogs. They do not stay outside. They're not running a kennel. It's their pets. They're little,just little guys. My dogs, I have dogs too. They don't, and you know, they don't have a problem with it. My entire backyard backs up to their house, and I mean, I'm not woken up in the middle of the night. I'm not, you know, Yorkie loves, they both love those dogs. They're all vaccinated. They're all in compliance with, you know, what the city requires. They just didn't know when they moved here that they couldn't have 13,and, like I said,I don't have any issue with it. I know that they love them and they clean up after them every day. She's out there picking up their poop and she's out there spraying their yard. And I don't have any, any issues with it. If anybody should, it should be me because I'm right next to them. Ms. Cuellar: Well, we appreciate you coming down today. Commissioners, are there any questions? Okay. Thank you very much. Thank you. Clerk: Our next speaker is Mark Hamilton, followed by Reggie Elow. Mr. Hamilton: Good afternoon. Mark Hamilton. We live diagonally across the other speaker, Reggie, I left and is not able to be here. So the applicant did not talk to us. We also have dogs. We're not against dogs. Dogs in our neighborhood bark all the time,but more often than not,these dogs are,you know, they're,they're sent in or some something done to them,you know,to correct that action,you know, I walked my kid to and from the bus stop and the dogs start would bark and charge the fence. My wife the other day was out weeding in the yard for 20 minutes. These dogs in excess of four, sometimes up to nine in the front yard are barking for no reason. While we're across the yard or across the street in our yard. I leave and I go to work in the afternoons. These dogs charge the fence and barking at us for no reason,you know,Reggie is the next door neighbor. I've seen the dogs charge the fence and bark at them countless times, while they're going in and out,they spend less time on their front porch enjoying what they have out there than they used to. Like I said, we're not against dogs. You know, we understand dogs are going to bark our dogs bark at the dogs behind us. We put them in the house, you know, if they can't correct that action right away. you know, I have questions. You know, like I said, we, we weren't talked to by the neighbors.you know,they said there's not going to be breeding within the staff report.but in their own admission they have, they kept two litters. So they bred them and they're multiplying. And are they going to continue to keep the litters? If, you know, if that happens, if this is approved, what actions are going to be taken to ensure that they comply with the no more than 13 dogs? That there's no more than four out at a time. So those are, those are my questions. Animal control is pretty much blown off. Some of the issues that have you have been brought to them,you know, between a few of us, we can, you know, put out videos and show that this, these actions are happening. So like I said,we're not against the dogs, but the barking incessantly to charging the fence, you know, we've gone to walking across the other side of the street, but that doesn't help, you know, we're,we have to look before we take our dogs out of the house to put them in the car or take them on a walk. You know, so all for the dogs, happy to have them, but they become a nuisance. You know, we've looked at it, they've created more noise in the neighborhood for the incessant barking of over 30 seconds or 30 minutes. So, like I said,all for the dogs,just wish that there was more being done or we'd been talked to about it,and then if it is approved,what's going to happen? Whose onus is that going to fall onto ensure compliance. Ms. Cuellar: Thank you. Thank you for being here. Are there any questions for the speaker? Thank you very much. Clerk: If our last speaker,Mr. Edlow has left,we have no more speakers. Ms. Cuellar: Okay. Thank you for that. I appreciate it. Mr. And Ms. Kane, you're welcome to come back up for rebuttal. Mr. Kain: Okay. So the issue, we didn't talk to him because he lived the agonal from us. We didn't think that he was part of our neighbor,you know what I mean? We talked to the one on the sides of us and behind us. We didn't know he was, you know what I mean? So that's why we never said nothing to him. But as far as the dog charging the fence, dogs are going to bark. Dogs are going to do that jump. They don't bite. They're not aggressive dogs. They just, they see something. They run after it. You know what I mean? A squirrel bird, another dog. That's what our dogs do. You know? He's got dogs. All you hear them dogs barking, six or seven o'clock in the morning. Ain't nobody say nothing about that. You know what I mean? Because their dogs are going to bark. You know what I mean? Dogs are going to be dogs. So that's,that's how I got, they're not aggressive at all. As far as having more dogs,when the mother dog had the dogs, we didn't wanna get rid of dogs. We don't, we feel that if we going to give somebody a dog, they might mistreated. You know what I mean? Is she going to get pregnant again? No,because she's like 15 years old, she's not going to get pregnant again. You know what I mean? So that's all I have to say. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: Are the other dogs spayed or neutered? Mr. Kain: Some are, some aren't. Mr. Plumlee: And you're not intending to breed them? Mr. Kain: No, we're 30. We're good with 13. That's enough. We're good with 13, yeah. Mr. Plumlee: So then you're not, you wouldn't object to a condition that they all be spayed or neutered? Mr. Kain: I mean, I'm working on that. I mean, it takes a lot of money to do that. I am working on that. Mr. Plumlee: There are places in our community that provide that reduced costs for spay and neutering animals. If there was a condition that required you to go under a review in two years to see if you're in compliance, would that be objectionable to you? Mr. Kain: Absolutely. You can come once a year if you want. Mr. Plumlee: I don't want to go at all, but you wouldn't object to that? Mr. Kain: I don't object to none of that, no. Mr. Plumlee: Okay. Thank you. Ms. Cuellar: Have a question, Commissioner Hippen? Ms. Hippen: Being a rescued fur baby person, I do know that the SPCA should be able to help you with that, but I do agree with my brother Commissioner here. I think that 13 is a bunch of them,and the possibility of them reproducing if they are not spayed and neutered is strong. They're dogs. Have you thought of trying to adopt,you know, some of them out, or? Mr. Kain: No, I would never get rid of none of my dogs. Ms. Hippen: You never get rid of for nothing? Ms. Kain: They're like our kids. Mr. Kain: Like, so when we bought our house, we installed gates inside of our house on our doorways so we could separate the females from the males when they're in heat. Like if you come to our house, we went to the fence store and had outside gates put inside our house just to have them separated. So that doesn't happen. Ms.Hippen: Okay. Mr. Kain: We put a chain link fence in our front yard so they can't get out the yard. We put a privacy fence in our backyard so they can, you know what I mean? So we went go above and beyond just to make sure they was good. Ms.Hippen: So what do you say or what's your response to your neighbor that says that that they are a nuisance when they're out there? Mr.Kain: I don't pay no mind to people like that. Ms. Hippen: I mean, but, but he's your neighbor and, you know, we have to coexist in society, and that's a question. I mean, you know, I told a story earlier today about when my mother kept one of my dogs when I was out to sea. And then, she was outside of Philly and I brought him down here. And there was a lady that always called the police to send him over there,oh,the dog's barking. And the last time that it happened, the dog was here in Virginia Beach, and when the police came by outside of Philly,she said,well,that woman must have damn good hearing because the dog is in Virginia Beach. So the question that I have for you is we have to coexist with our neighbors. Mr.Kain: Alright. So,when we moved here,you know, school was out,you know what I mean? So we didn't really, you know, that there kids live next to us, the school bus route, none of that. So then after,you know,the school started back up, we knew at 3 o'clock he would walk down to the bus stop. You know what I mean? So we would try to keep the dogs in, you know what I mean? But we can't keep our dogs in the house every time somebody walks outside. You understand what I'm saying? They got to go to the bathroom. They like to play,you know what I mean? So I can't help it. If your wife's in your yard picking weeds and my dog goes outside and barks,I can't help that. You know what I mean? You go inside. Not my dogs,my dog,20 minutes, they're in and out. My dogs are inside dogs. They don't go outside,use the bathroom and that's it. Ms. Hippen: Okay. You,you answered my question. Thank you. Ms. Cuellar: Commissioner Schoonover. Ms. Schoonover: If between now and the time when your dogs are spayed or neutered, anybody becomes pregnant, are you planning on keeping those dogs as well? Mr. Kain: They won't become pregnant. If you come to my house,you would see that I have, I have five foot gates in my doorways that, you know what I mean? They're their latch. They're like an outside gate. They're inside my doorways. If they're, if they're in heat,they're put up,you know,what I mean? There,there's no way to get pregnant. If would I keep them,I wouldn't keep them. But there's no way for them to get pregnant. Ms.Schoonover: I think you,I think you recognize that we're all a little worried because it's a lot of dogs. and we're just hoping that they don't have more puppies soon. Mr.Kain: 13 is enough for me, I'm done. Ms. Schoonover: I hear you. I don't know how much of the first times it was an accident, so I just don't know. Ms. Cuellar: Thank you, Commissioner Mauch? Mr. Mauch: 13 dogs. How old are they,just outta curiosity. Mr. Kain: Most of them is five, then you got, six and five. Then the mama dog, she's like 13 or 14, 15, something like that. Mr. Anderson: Thanks for coming down. I'm definitely an animal person. My son rescued a mixed dog in Franklin living underneath a car with his buddy and brought him home. We already had a cat and a dog and it's like,oh no, you know,I had three,but you know,we've been fostering for 12 years,but the 13 dogs and the limit of six or four concerns me,being 13,and the size of the house, the size of the lot. I just have a hard time being able to accept that with that many animals. I know you're good to them,but I don't think I can support this application. Mr. Kain: For what reason? Mr.Anderson: The amount of dogs. Mr. Kain: Oh,just the amount of dogs. So you're saying my yard's not big enough? Mr. Anderson: For 13 dogs?No. Ms. Kain: With the front and the back,that's a lot of yard. Mr. Anderson: Did you put that fence up,when you moved in? Was that fence already there? Mr. Kain: I put it up. I had to pay, I paid to have it put up for that reason. Mr.Anderson: No,that's,I just,I am an animal lover,but I just,you know,there's a certain point where, you know, we've got to be close or adhere to the ordinance and 13 is pretty, pretty high, and we can't,yeah,you say you can guarantee that you're not going to have another breed,but like you said, animals are animals, and I've got four dogs next door to me that they're all English labs and they get underneath the fence and I mean, they're great dogs. We love them, but yeah, they will,you know, they are who they are. I just, I'm just concerned about the quantity. Ms. Cuellar: Commissioner Camp? Mr. Camp: So I agree with Commissioner Anderson on this. I wanna say it to you straight. I don't wanna say it after you sit down that I have a rescue also. I didn't ask for it to come into my life,but when it did,I gave it a home and I'm giving it love through the rest of its life. I don't know how long that'll be, but my neighbors had certain expectations for their homes too. In our community, four is the standard and your neighbors were here before you were. So I do have to give weight to the community and what they thought their neighborhood would be. That's not to discount anything that you said about the love for your pets and how you're caring for them and what you're trying to do, but they also have expectations and balancing them. I've been asked to look at heights and setbacks and stormwater rules and all kinds of things since I've been appointed up here. What I try to do is look and say, is it a close call? Is there something special about this that's especially different in this case, if our standard is for, and you're more than three times over that standard, it's a lot harder for me to get there than if you were too over the standard like lady that we just heard recently. So I just want you to know how I'm coming at it. Ms. Cuellar: I have a question for you. For the conditions that have been written, can you just maybe share with us a little bit about your plan and how maybe you could mitigate some of the barking,some of the noise because specifically,condition number two says no more than four dogs shall be permitted to be outdoors at one time. Have you kind of thought through maybe what that plan might be? Mr. Kain: So, here in the next few months, we're going to knock out our kitchen window, put a door to go out to the back door there. So we have two doors to go in and out the back. So there, there's only going to be maybe one or two dogs to go out the front yard. So our whole backyard is a privacy fence, you know what I mean? We've paid to have a privacy fence put in our whole backyard for that reason. You know what I mean? So for four dogs in the front yard, I mean, I don't see that, you know what I mean? We,we can handle that. You know what I mean? Like, only like our dogs go outside, like if we leave and come back, they go outside, use the bathroom, and they're right back in with us. They're up, they're up our bus. More than anything you like, you got to be right where we're at all times, you know what I mean? So for anybody to say that our dogs are going to be outside leaving for hours, our dogs don't, our dogs are not outside dogs. They don't like the heat and they don't like the cold. You know what I mean? Ms. Cuellar: Thank you very much. Commissioner Coston? Mr. Coston: Would you consider just keeping them in the backyard? Mr. Kain: Yeah. So that's, you know, like I said, we just moved here in September. We just moved, we bought, we come down here and bought a house. You know what I mean? And so we're just trying to do, we're not trying to do everything at one time where we're gradually doing things to our house,you know what I mean? So eventually they're all going to be in the backyard because we're going to get the whole front yard redone,you know what I mean? Because it's got dips. There was like 10 trees in the yard. We had cut downs, we got roots grown coming out everywhere. So we're eventually going to get our whole front yard done. Right? So all the dogs going to be in the backyard. You are just going to, it's not,just can't happen. You know what I mean? I can't, I can't spend the money, spend the money, spend the money, you know what I mean? I got to make it to spend it, you know what I mean? Mr. Plumlee: Yeah. I have a serious problem with 13 animals of one house also. I'm trying to find a way,you know, get-- Mr.Kain: If you were come to my house,you would not even know I had 13 dogs. Mr. Plumlee: If I could address it,you know,part of this is going to have to be respect,right. If you're going to respect your neighbor and not expect them to leave their yard to go inside to accommodate your dogs. That's part of the give and take of trying to make something work. You know, I'm sort of thinking we have 13 dogs at this house. They're there. We can reject the application and say, get rid of your dogs, because that's really what this is about. I mean, that's what we're up against. So if we're going to spend money changing the house, why aren't we spending money to spay and neuter these pets and come up with a plan to make sure we accommodate the situation and be subjected to a review maybe annually or every other year that you're in compliance, you know? But I'm not hearing that willingness to come forward. Come along on that. Mr. Kain: Yeah. If you, I guess you wanna come to my house every year, you can come every six months. It doesn't like,whenever,whenever you tell me that. Mr.Plumlee: What Pm suggesting with that is that it not be complaints that are ignored. If people are coming and saying,well,the noise is ongoing and we can't,they're putting the dogs out. How does the city regulate that? How do we come out and make sure you're going to comply when you're telling me I can come out, you really think I'm going to get in my car, leave my job and come see if you've got more four dogs outside your house? Mr. Kain: Yeah. I don't know. You know what I mean? Mr. Plumlee: No, that's respect. That's the problem. So I'm trying to see if we can make some accommodation for these animals because I love animals. So not because I love the way you're presenting yourself because I love animals. Mr. Kain: So another thing that, that we're in the process of doing is we got a chain link fence around our whole front yard. So we're going to, we're trying to get either something that goes in front of the chain link fence, to block the view or put them privacy flats in there to block the view for that. You know what I mean? So they don't see people out in the yard,you know what I mean? They may hear them,but they don't see them. That's,you know what I mean? That's in the process too. Ms. Schoonover: I've been listening to this and II think, I'm just concerned that, well, one, I'm concerned that I think it's unusual to try to keep two litters of dogs that you have 13. I guess I'm really, I'm surprised that she chose to do that, and I don't wanna take dogs away from you, but I really think you should contemplate that. Maybe that's not the healthiest situation for the 13 dogs, but, you know, I don't wanna ask you to get rid of them. But I'm also just not so sure that it's the best thing. I'm also concerned that to me, after what you said earlier where you said that, you know,you wouldn't give your dog's away for fear that they would be mistreated. I'm worried that they're, that you cannot control unspayed neuter dogs from getting pregnant again, and it strikes me that you would want to keep the next ones too, and I'm just,I'm struggling with this because I love dogs. I'm obsessed with dogs. They're my, one of my favorite things. But I really am not so sure that 13 dogs in this house is good for anybody. anyway,I don't know if you have any thoughts to add to that. Mr. Kain: I love my dogs. I mean, I just,I'm, I can't get rid of my dogs, so it's like y'all having kids and then just giving one of your kids away,you know what I mean? It's the same concept. I mean,I could you give your kid away. Ms. Hippen: So let me, let me enlighten you. So the dog that I told you was in Virginia Beach when they thought it was in Philly. I brought that dog from Spain when it was seven months old. You are not talking to folks that don't understand. I think what Commissioner Plumlee was trying to say is that there's, you're in a neighborhood here. Here's the question, I want to ask you, were you in a suburban area? And you said you moved here from West Virginia,right? Were you in a suburban area or more of a rural area with the dogs down there? Mr.Kain: Pretty much the same kind of same community? Ms.Hippen: I'm looking at your house from Google Earth,and it is a smaller yard. I have a large dog. I have a black lab, and I'm looking at the yard, 13 is a lot, and I could not, I could not see somebody taking Bobby from me. I understand your point. The point that we're trying to make is that the city only allows four dogs, and you can ask for more. So lady came and asked for two over that, but you are, you've got enough dogs for four of your neighbors, essentially. So the question is, how do we grapple with that? When you've got one of your neighbors that came in, and that's the neighbor that came in and said,"Hey,they're a nuisance. Is he alone?" One neighbor came in and said, I don't have any problem with him. Is she alone?You see what I'm saying? Mr.Kain: So Reggie, that's the other guy that was supposed to be here. He's the one that called the dog catcher on us. So after the fact, Reggie was supposed to be here on our behalf,but since this was taking too long, that's why he left. He's the one that lives right next door to us. He's the one that called the dog catcher twice. He knows that his dogs bark. You know what I mean? So he just, his issue was them barking, you know what I mean? But then after he realized the dogs are going to bark, you know what I mean? He started doing different things. We started doing different things. You know what I mean? So he knows when we pull in,like this morning we was talking, I had four dogs out front, and they didn't even bark at him. You know what I mean? Ms.Hippen: My dog gets the dog behind me barking. He walks along the fence and I'm the one that put up the privacy fence. He walks along the fence and then she goes, snake,snake crazy,and she gets in trouble and he just probably laughs and walks back to the porch. My point is, they're dogs. Like we all said, they're animals. People act stupid when they want to. So controlling the dogs is an issue with 13 of them. That's a lot of dogs. So I'm trying, we're trying to figure out a way to resolve this. I mean, and we've never had anyone come to us. I mean, you're not the first ones to come to us with more than four dogs. We've never had this many, and while they're itty bitties that means that they're going to live longer, because the smaller the dog, the longer they live. So,yes,one of the conditions that's already in your package is when they cross the Rainbow Bridge,you're not allowed to get any more. I understand that. But you got a lot of dogs,and that's where the concern is coming. Mr.Kain: But if you, like,you would come to my house,you wouldn't even know that I had 13 dogs. Like,you know what I mean? Like,you wouldn't even,like,my house don't stink my yard's not, you know, got dog poop in it. You know what I mean? It's just, our dogs are taking what care. Like, really? Like, I, you know, they eat better than we do sometimes, you know what I mean?You know, I go through like 120 pounds of dog food a month, you know, you know what I mean? Like they're well taken care of. They get groomed,you know what I mean? It's not like they,they're taken care of. They get bath once a week,twice,one,once every two weeks. It's like, you know what I mean? We take them to the groomers. Like, we spend a lot of money on our dogs, a lot of money,but we didn't even know about this SPCA. We never even knew about that until a few weeks ago. Ms. Hippen: The SPCA is on Holland Road near Dam Neck. That's where the Virginia Beach one is. I don't know how the Chesapeake one does. Bobby came from the Norfolk, SPCA. So they're all over. But since you live in Virginia Beach, I would talk to them about getting your animals spayed and neutered. Because that's the first thing. Number one, it lowers, it lowers diseases. It lowers illnesses. It, you know, it's good for the animal anyway. You said you're not going to breed them,right? Mr. Kain: Yeah. Like said, we never knew about the SPCA. Like we just found that out a few weeks ago. So now that we know, you know what I mean, it's in the works. You know what I mean? It's just, ain't nothing going to happen overnight. You know what I mean? If it could, we already had it done. You know what I mean? Believe that. Ms. Hippen: I'm going to tell you,my heart breaks for you. It, it really does. Ms. Cuellar: Commissioner Anderson. Mr.Anderson: Yes. I'd like to call for a motion for denial of the application. Ms. Cuellar: Is there a second? Mr. Plumlee: Second. So there's a motion on the floor for denial from Commissioner Anderson, seconded by Commissioner Plumlee. Is there any further discussion? Ms. Byler: We've been here a long time. I'll speak very briefly. My heart goes out to you. It really does. I honestly believe that you're wonderful pet owners and you love those pets, and you didn't know when you bought the house that there are regulations. But when I sit up here, I try to apply the law equally to everyone. If I allowed you to have 13 dogs, and then what if all your neighbors wanted to have 13 dogs? You see the issue. So,I'm sorry,but I will support this motion to deny. Mr. Camp: I'll just make the point that earlier today, we spent a great deal of time talking about City resources in the inspection area,and a solution that requires more inspections to accommodate something that is this far out of our normal standards is one of the reasons why I can't support this. Ms. Cuellar: Thank you. Commissioner Mauch? There is no further discussion. Clerk: The vote is now open by recorded vote of 9 to 1, item number 19, Bradley and Nettie Kam has been recommended for denial. Vote Tally Commission Member AYE 9 NAY 1 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 Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason or pass away, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). As the number of animals on the property reduces, the applicant may be allowed to keep up to no more than six (6) dogs on the premises. 2. No more than four (4) dogs shall be permitted to be outdoors at one time. When outdoors, the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. There shall be no breeding of dogs on the site. 6. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Zonina Complaints To: Alexis Bailey Subject: 405 Kings Point Fw:email Please read!!! Date: Tuesday,June 17,2025 11:23:11 AM More concern for the kennel at 405 Kings Point. From:Jacqueline Wittemann <scotvabeach@gmail.com> Sent:Tuesday,June 17, 2025 11:15 AM To:Zoning Complaints<ZoningComplaints@vbgov.com> Subject: Fwd: email Please read!!! 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 noticed the sign for a Residential Kennel at 405 Kings Point Court. This is a quiet court with young families, military families and retirees. A residential kennel would not be conducive to this residential setting. I have counted 8 dogs in the front fenced yard of this home. They bark when anyone walks by the fence, even when a car drives by. The dogs bark for long periods of time, disturbing the quiet for the neighbors in the court. I have been awakened at 5.15 am by the barking. I understand that there is a limit to the number of dogs that are allowed in one household. If a kennel is approved for this home that number of dogs could increase in numbers. This would increase traffic in the court. This is not a good situation for a residential neighborhood. We would like to keep our court quiet. Thank you, Jacqueline Wittemann Jacqueline Jacqueline From: Alexis Bailey To: Alexis Bailey Subject: FW:Concern over residential kennel request Date: Thursday,June 26,2025 9:57:31 AM From:Sarah Hamilton <hermansePgmaiI.com> Sent: Friday, June 13, 2025 7:46 PM To:Zoning Complaints<ZoningComplaints(@vbgov com> Subject:Concern over residential kennel request 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 evening, I am a neighbor diagonally across from 405 Kings Point Ct.This house has a request up for a residential kennel zoning permit. First of all, looking at the existing zoning laws-they are too close to any neighboring property(under 100 feet)to meet the posted requirements seen online for constructed kennels.Secondly,since these neighbors have moved in,we have seen 7-9 dogs out at a time(we believe there are more dogs based on the variety of breeds)- in the fenced in front yard. They consistently bark the entire time they are outside,sometimes for 5 minutes-sometimes 30 minutes and they are rarely deterred.We understand dogs bark-our own dogs do on occasion,but we immediately bring them in.The neighbors dogs can be let out as early as 5:30 in the morning and late at night.The dogs are not provoked intentionally-they bark immediately upon being let out, at cars passing, people in neighboring yards, and people passing by-and obviously when other dogs are walked down the road.Animal control has been contacted by neighbors on several occasions (because they easily exceed the 4 dog limit)and have caused a couple neighbors to change how they utilize their own neighboring yards because the dogs charge the fence barking and are not stopped. For example, I was working in the yard for an hour,some of the dogs were let out and they barked at me for 20 minutes(I was ignoring them while doing yard work)the entire time they were out. Our overall concern, is if the residential kennel request is given, how many additional dogs will the add to their home?Also, if they are applying for a kennel license,does this imply they will be bringing more traffic to our cul-de-sac because they are breeding dogs?We understand wanting and enjoy dogs for pets,we have two ourselves; however, it is already breaking city law by the amount they own and we cannot imagine the disruption a kennel license will cause. Thank you for your time, Sarah Hamilton Sent from my iPhone cFss A�j� p 9titi CFSS o . ,pl�cFs'rgti11F sq Ro Nti F+ I� O I� AG2 y GO 03 ® Site N ® Zoning ASC Real Estate LLC (Margaret Shaia) WG n Property Polygons 2008 Hudome Way S Feet 0 65 130 260 390 520 Map created by Planning Department on 9/16/2025 �tilA 6 Ejr, ffiY � �?7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASC REAL ESTATE LLC (MARGARET SHAIA) [Applicant] CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 2008 Hudome Way (GPIN 1494086398). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 21, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to utilize this site for the storage of finished goods waiting for pickup and delivery, and materials stored rotationally as part of the manufacturing process in conjunction with the proposed Acoustical Sheet Metal facility. This site is located within Innovation Park and is subject to the Innovation Park Design Guidelines, which permit outdoor storage and staging areas if they are fully concealed from view from the public right-of-way and located at the rear of the building to the greatest extent possible. Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than 6 feet in height, with landscaping along the exterior of the fence. The applicant is requesting a deviation to the required fencing and landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan includes an eight-foot tall fence along the side of the site adjacent to Princess Anne Road; however, the applicant is requesting a deviation to the installation of a six-foot tall solid fence and plantings along the portion of the proposed bulk storage yard located on the interior of the site. In place of the required screening, the applicant is requesting to utilize the security fencing and landscaping proposed along the perimeter of the site as well as the four feet tall, landscaped berms proposed to be installed along Hudome Way to serve as a buffer for the storage areas. ■ Considerations: In accordance with the property's location within the Interfacility Traffic Area (ITA), the applicant presented to the Transition Area/Interfacility Traffic Area Citizens Advisory Committee (TA/ITA CAC) on August 7, 2025, to brief the Committee on the proposal and at the September 4th hearing the TA/ITA CAC voted 5 to 2 to oppose the project. ASC Real Estate, LLC (Margaret Shaia) Page 2 of 3 The overall development proposal was presented to the Virginia Beach Development Authority (VBDA) on June 13, 2025, and received unanimous support. As the overall design of the site is finalized, to include detailed elevations and renderings, the project will be presented to the VBDA again for approval in accordance with the Innovation Park Design Guidelines. Staff received 16 letters of opposition to the request, noting concerns about the loss of open space and the appearance of the site. At the Planning Commission hearing, 2 speakers spoke in support of the request, while 1 spoke in opposition. The Planning Commission recommended two additional conditions of approval, first, that the bulk storage use be contingent upon the commencement of construction of the building, and second, that a shared use path, no less than 11- feet wide, conforming to the City of Virginia Bech Public Works Design Standards Manual, be constructed on the site and landscaped accordingly to satisfaction of the Department of Parks and Recreation. 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 7 to 3. 1. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "Acoustical Sheet Metal Phase 4 — Useable Acreage Exhibit", dated [begin strikethrough] Augw6t 4,''2 [end strikethrough] September 23, 2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Should outdoor lighting be installed within the Bulk Storage Yard 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. 3. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. 4. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. ASC Real Estate, LLC (Margaret Shaia) Page 3 of 3 5. The bulk storage operation be contingent upon commencement of construction of the building. 6. The application shall include the construction of a shared use path conforming to the City of Virginia Beach Public Works Design Standards Manual that shall be no less than 11-feet wide and landscaped accordingly to be approved by the Department of Parks and Recreation staff. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition from TA/ITA CAC (1) Letters of Opposition (17) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: V Agenda / Applicant: Real Estate LLC (Margaret Shaia) ••' of • Beach Development Auth• V-B • • • • • September CouncilCity Project Details Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation y�Viz* c q0 t`i cHicoa+o Approval ��� �0 �_,y t Staff Planner Alexis Bailey fY �s7 ��. Location FRa 2008 Hudome Way GP/N . 1494086398 Site Size 21 acres A/CUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped lot/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts f, North � ► Princess Anne Road Wooded lot/AG-2 Agricultural ` South Industrial Office/ 1-1 Light Industrial East Wooded lot/ 1-1 Light Industrial West Hudome Way Industrial use/ 1-1 Light Industrial ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard in conjunction with the proposed Acoustic Sheet Metal facility on this 21-acre 1-1 Industrial zoned parcel. • The applicant intends to use this site for the storage of finished goods awaiting pickup and delivery, and materials stored rotationally as part of the manufacturing process. • The site is located within the Innovation Park and is subject to the Innovation Park Design Guidelines, which permit outdoor storage and staging areas if they are fully concealed from view from the public right- of-way and located at the rear of a building to the greatest extent possible. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with landscaping along the exterior of the fence.The applicant is requesting a deviation to the required fencing and landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance.The submitted site plan, depicted on page 5 of this report, includes an eight-foot tall fence along the side of the site adjacent to Princess Anne Road; however, the applicant is requesting a deviation to the installation of a six- foot tall solid fence and plantings along the portion of the proposed bulk storage yard located on the interior of the site.The interior of the site will only be visible to employees and guests as the perimeter of the site will be fenced with a privacy fence and a four(4) foot tall, planted berm to be planted along Hudome Way. • The applicant is proposing an eight-foot tall opaque privacy fence along Princess Anne Road to connect to a security fence on the interior of the site. • Since this property is located within the Interfacility Traffic Area (ITA), it was recommended that the applicant appear before the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA CAC). The applicant presented to the Committee on August 7, 2025, to brief the Committee on the proposal; however, the Committee did not take a formal vote on the item. • The overall development proposal was presented to the Virginia Beach Development Authority (VBDA) on June 13, 2025, and received unanimous support. As the overall design of the site is finalized, to include detailed elevations and renderings, the project will be presented to the VBDA again for approval of the final design in accordance with the Innovation Park Design Guidelines. ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 2 of 14 HistoryZoning # Request _ —J CRZ (AG-1 and AG-2 to Conditional 1-1) Approved A,p� AG2 1 12/13/2016 ��Fss 2 REZ Approved 05/27/1997 �!NF"�Ess 2 CUP (Communication Tower) Approved 12/3/1996 �N"E ao I1 Ro !t AG2 0 0 AG1 s� 4 T� 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 a Bulk Storage Yard, is acceptable. As stated previously, the applicant is requesting a deviation to the required landscaping through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view, the requested deviations to the required fencing and landscaping along the portions of the bulk storage yard interior to the site are acceptable, given that the portion of the proposed bulk storage yard will not be visible from the right-of-way as a result of fencing along the perimeter of the site and the proposed berm along Hudome Way. The Active Transportation Plan calls for the installation of an 11 to 12-foot-wide shared-use path to be installed within the Southeastern Parkway and Greenbelt (SEPG) right-of-way reservation area. While the SEPG, as originally envisioned, is no longer needed in this area, Public Works has indicated a potential future need for a two-lane roadway through this corridor. As such, the applicant is proposing a trail along the eastern boundary of the property along a drainage easement to serve as an interim trail until such time that a future roadway is developed within the SEPG corridor. 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 ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 3 of 14 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. As such, Staff recommends approval of this request subject to the conditions and exhibits below. Recommended Conditions 1. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "Acoustical Sheet Metal Phase 4—Useable Acreage Exhibit", dated [begin strikethrough] August 4, 202- [end strikethrough] September 23, 2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Should outdoor lighting be installed within the Bulk Storage Yard 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. 3. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. 4. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. 5. The bulk storage operation be contingent upon commencement of construction of the building. 6. The application shall include the construction of a shared use path conforming to the City of Virginia Beach Public Works Design Standards Manual that shall be no less than 11-feet wide and landscaped accordingly to be approved by the Department of Parks and Recreation staff. 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. ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 4 of 14 Comprehensive Plan Information This site falls within the Princess Anne Commons and the Special Economic Growth Area 4- Princess Anne Commons, where "recommended uses are participatory sports, entertainment venues, tourism, biomedical research, and hospitality" (p. 2-91, Comp Plan Policy Document). Additionally, plans call for development to "remain limited along existing unimproved roadways" (p. 2-92, Comp Plan Policy Document). Sites should be developed to employ landscaping and sustainable stormwater management techniques to "green" the development and link it to the trail and open space framework (p. 45, ITA Vicinity Master Plan). 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. Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of a new manufacturing building for Acoustical Sheetmetal located in the Innovation Park along Hudome Way. Additional site improvements include an office and maintenance building, parking lot, outdoor storage yard, and stormwater management facilities. The site currently consists of an open field with farm ditches, managed turf, and trees. Stormwater runoff from the site is conveyed through the existing onsite farm ditches and collected into the existing wet pond along Hudome Way. The project site was included as part of the stormwater master plan for the Innovation Park, which accounted for up to 60%impervious area from the site to drain into the existing stormwater management wet pond along Hudome Way. The additional impervious area from the proposed development will be collected into onsite bioretention and/or detention facilities that will be sized for water quantity and water quality before discharging into the public drainage system along Hudome Way. Based on the information provided by Kimley Horn in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 21 acres Pre-Development impervious area: 0.04 acres Post-Development impervious area: 15.45 acres (Master Planned Impervious Area = 13.91 acres) ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 5 of 14 Stormwater Management Facility Design Information Type of facility proposed: Wet pond, Bioretention Description of outfall: Stormwater runoff from the site will discharge into the public drainage system along Hudome Way and into the existing wet pond southwest of Hudome Way. Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains south towards the Salem Canal until it reaches the North Landing River. The North Landing River ultimately drains through the Currituck Sound and into the Atlantic Ocean. Impacts/TransportationTraffic Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-N/A Proposed Land Use 3—There is no specific trip generation data for a 700 ADT 1(LOS 4 Princess Anne Road 34,500 ADTl 39, bulk/outdoor storage facility but D ) reviewing the needs and the purpose of the applicant, it is concluded that there will be minimal impact to traffic. Existing Land Use 2-N/A Proposed Land Use 3—There is no specific trip generation data for a Hudome Way N/A 9,900 ADT 1(LOS 4 "D") bulk/outdoor storage facility but reviewing the needs and the purpose of the applicant, it is concluded that there will be minimal impact to traffic. 1 Average Daily Trips 2As defined by a 3As defined by a bulk 4LOS = Level of vacant wooded lot storage yard Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Princess Anne Road is a divided major suburban arterial that consists of a four lane Parkway section from Winterberry Lane south to Nimmo Parkway. This section of Princess Anne Road is classified in the City's Comprehensive Plan as an Access Controlled roadway. Hudome Way is a two-lane industrial local roadway. There are currently no CIP projects slated for either segment of the roadway. x ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 6 of 14 Active Transportation Plan The Active Transportation Plan calls for the installation of an 11 to 12-foot-wide shared-use path to be installed within the Southeastern Parkway and Greenbelt right-of-way reservation area. Public Utility Impacts Water&Sewer No utilities are required for outdoor storage and staging areas.The proposed building must connect 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, October 7, 2025 and October 14, 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 October 6, 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 17, 2025. ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 7 of 14 i i = Proposed Concept Plan L i a cu bCP E Soo .a I W4111--i- (04 e / ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 8 of 14 Site • • r�s e. x +4`„r Y t1 A R ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 9 of 14 Disclosure DisclosureDisclosure Statement VIRGINIA V B Statement 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 requiredfar oll applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring ection by the City Council,boards,commissions,or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application ASC Real Estate LLC(Margaret Shaia) Is Applicant also the Owner of the subject property? Yes®No& If no,Property Owner must complete SECTION 2.PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)NO© If yes,name Representative: Greg Schmitt,P.E.(Kimley-Horn) Dave France,P.E.(Kimley-Horn) Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo® If yes,list the names of at/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.) Directors&Members: James Young,Jeffrey Moore,Margaret Shaia Affiliated Businesses: Acoustical Sheetmetal Company LLC,AS[Real Estate LLC Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: ASC Real Estate LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?Yeso No • 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 Nume entity and or individual Fina ncing(mortgage,deeds of trust, Q 1 Aaron Metrick(Atlantic Union Bank) cross-col late raIization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 ASC Real Estate LLC(Margaret Shaia) Agenda Item 14 page 11 of 15 ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 10 of 14 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation Elliott Davis Architect/Designer/Landscape Q Architect/Land Planner TS3 Architects,Thomas Smith Construction Contractor @ Q Clancy and Theys, Shaun Foreman Engineer/Surveyor/Agent Q Kimley-Horn(Greg Schmitt& Dave France) Legal Services 0 1 Flora Pettit PC I Brian Craddock 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. uy tMargaret Shaia Margaret s7a18 a "M B er Date 2025.06.25 16 5658-04100' 06 25 2 25 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the 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 CtTY USE ONLY, No changes as of(date): 9/30/2025 Alexis Bailey 10/1/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 11 of 14 Disclosure SECTION - r - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Development Authority(VBDA) Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes( N.0 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.) �th'e DA is a political subdivision of the Commonwealth of Virginia. Attached is a list of the Boatd o(Commissioners of VBDA_ J Does the subject property have a proposed or pending purchaser? YesQ Noo if yes,name proposed or pending purchaser: ASC Real Estate LLC(Margaret Shaia) KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No If yes,name the official or employee,and describe the nature of their interest. I PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 e Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 Architect/Designer/landscape 0 Architect/Land Planner Construction Contractor O G Engineer/Surveyor/Agent la © Vanasse Hagen Brustlin,Inc.(VHB) Legal Services O 0 PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. t t . ti u� Y+-(. iiVIA t. r t ftC t.; I + L -WI�l t t # It1 �I ; � , Property Owner Name(Print) Property Owner Signat re (' uz t y ate Disclosure Statement I rev. May-2024 page 3 of 3 ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 12 of 14 Disclosure City of Virginia Beach Development Authority Board of Commissioners William Brunke (Treasurer) W.Taylor Franklin(Vice Chair) Donald H.Horsley Akhil Jain Eric Keplinger(Assistant Secretary) Esmel Meeks Penny Morgan Lisa M.Murphy(Chair) Michael J.Standing David Weiner Guenter Weissenseel(Secretary) ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 13 of 14 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. ASC Real Estate LLC (Margaret Shaia) Agenda Item 14 page 14 of 14 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #14 ASC Real Estate LLC (Margaret Shaia) Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date 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. Our next order of business is the regular agenda. Before we call our first motion, excuse me, our first application for the regular agenda,there's been a request by the applicant, ASC Real Estate, LLC,which is application number 14,to be moved up to be one of the first items heard. That request is being considered today because the applicant's representative and engineer,Mr. Schmidt, is attending funeral services in Southampton County this afternoon. The commission by process then would have to take a motion for that request. Given that application number 21 by the City of Virginia Beach is also relevant to that parcel at this time, and we did bring this up at our informal, I'm going to be asking the commission for a motion to move and to start with applications number 14. The second motion, excuse me, application then would be for application number 21, and then we will continue on with our normal numerical order. Mr. Plumlee: Madam Chair, I move to amend the agenda so that we address items 14 and 21 first. Ms. Cuellar: Is there a second? Ms. Hippen: Second. Ms. Cuellar: So we have a motion for approval by Commissioner Plumlee, seconded by Commissioner Hippen. Is there any further discussion? Clerk: The vote is open. By a recorded vote 10 to zero,planning commission will hear items 14 first followed by 21, and then resume in numerical order. Ms Cuellar: Thank you very much, and Madam Clerk, at this time we're ready for you to call the first item. Clerk: Our first item is item 14,ASC Real Estate, LLC,Margaret Shaia. Mr. Schmidt: Good afternoon,Madam Chair, Mr.Vice Chair, members of the commission. My name is Greg Schmidt with Kimley-Horn. I'm a local civil engineer, located at 4525 Main Street in Virginia Beach. I appreciate the thoughtful discussion in the informal briefing. We have a project here that is located within the Innovation Park, an area within the transition area that's been identified by City Council for almost a decade as the area for economic growth. We are looking to assist in the expansion of Acoustical Sheetmetal. As you heard in the briefing, it's a company that's been in Virginia Beach for 30 years,has continued to grow its impact to our citizens and our neighbors within the city, and the employment opportunities as well as the economic benefits of having a manufacturer like that located here. From a pure planning perspective,the Innovation Park separate from Princess Anne Commons, separate from the ITA guidelines has its own set of guidelines and proffers. Those guidelines are proffered for any development within the Innovation Park that has to go through a series of reviews with planning staff as well as the VBDA board prior to approval of a site plan or building elevations. Those Innovation Park design guidelines expressly state that outdoor storage is permitted and the only thing that we are requesting here today is that the outdoor storage be considered as part of the Conditional Use Permit. The manufacturing facility itself is by right,could stand alone,but by the nature of what they produce in this facility, which are acoustical dampening generator enclosures,we have to have outdoor storage. They receive finished products from their clients, which are generators. Those are stored on site for a period of time before they're worked into the assembly line type process. Then they also have finished product,which are the generator enclosures that are fully assembled with generators on the interior of those enclosures. They do have fuel tanks that they rest on,but those are also stored for a certain period of time on site until the shipping can arrive to take them offsite. You know, I've seen a lot of recent discussion around this development and I think the term bulk storage yard automatically comes with a negative connotation and I think that's unfortunate in this case. I, I saw that,you know, folks were stating this would be an industrial junkyard and so forth and so on. I think we can, it's evident by their existing facility on Hudome Way that they take pride in the way that their sites look and the way that their buildings present themselves and that would be no different for this new site across the street. There was also discussion related to could the bulk storage yard stand on its own and that's not at all the case. It was clarified by staff that yes,the building is intended to serve as a portion of the screening for the outdoor storage area that's, I'll call it, inside the horseshoe and also to the right for any eastbound traffic on Princess Anne Road, where they would not have a view shed of that side yard outdoor storage area. Along Princess Anne Road and Hudome Way,we are installing berms and landscaping. The facility across the street that Acoustical Sheetmetal currently operates out of is now in the updated version of the Innovation Park design guidelines as to what is the standard for berming and landscaping within the park. I think,you know,there in the informal briefing as well,there were talks related to the site layout and could it be modified? What were the thoughts around that related to the outdoor storage area locations? The Innovation Park design guidelines expressly talk to,they want buildings fronted on rights of way and Hudome Way is a dead end road that serves the Innovation Park. It is not a road like Princess Anne that sees thousands of people travel day on day, back and forth to the eastern and western parts of the city. So we carefully thought through that in our layout to plan the building to be fronted on Princess Anne and Hudome, so on that hard corner that your visibility is of a building,not of an outdoor storage area. In addition to that,we've located the outdoor storage areas to the rear where they would have the least impact to the general public of Virginia Beach from a pure visibility perspective. There was also discussions, and I know there's an agenda item,there's some confusion around what was in the staff report. What is the applicant willing to do,related to the active transportation plan? Acoustical Sheetmetal,again, has been a resident of Virginia Beach for 30 years. We are committed to taking care of an alternative trail alignment that doesn't bisect the operations of the property and installing that as part of our project, since we will hopefully already be building the rest of the site. We have no intent to force anyone to come back later and install something on Acoustical Sheetmetal's proposed property. So I wanted to provide that clarifying point because I know there was some confusion there and what I had shared with a planning commission member,what staff had said. I just wanted to clear the air on that as to the intent of the project. The only other thing I'll add and, and I know it's been brought up, is the CVEC easement for the overhead transmission lines. This is something else that I shared that admittedly I'll be transparent here, I think was a bit of an oversight where they cleared 150 foot swath of trees to install those overhead transmission lines. So there is the potential for westbound traffic in that side yard storage area to potentially have a view shed into that outdoor storage area. I think if,you know,we were in a situation to recommend for approval,the applicant would also be willing to extend the privacy fence down the eastern boundary of that side yard outdoor storage area in addition to the required evergreen landscaping,to further prevent any view sheds from the CVEC transmission easement into that area. With that I kind of conclude there. I am personally proud to be representing a company that does what they do for their employees,what they do for their end clients and,you know, their economic commitment to the city of Virginia Beach. With that, I'll open it up for questions. Ms. Cuellar: Thank you very much,Mr. Schmidt. Are there any questions from commissioners? Commissioner Plumlee? Mr. Plumlee: Mr. Schmidt, my condolences to your family. Mr. Schmidt: Thank you, sir. Mr. Plumlee: Would there be a willingness on your client's side of this to tie by condition,the bulk storage yard, make it contingent upon the construction of the building or approval of plans of the building, however it's most appropriately worded? Mr. Schmidt: Absolutely,that's a 100%correct. The outdoor storage yard doesn't function without the building. So they're not bringing stuff in from offsite that they need to store on this property. We need the building to be able to use the outdoor storage area. Mr.Plumlee: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: Again. Condolences and thank you for your clarification. With regard to the active transportation plan, I would like to put a slightly sharper point on it. On your site plan,there are terms used like "future Trail Path connection," "10 foot wide,proposed Trail path alternative," "future trail path connection."None of those are standard terms that we use at the city with regard to our Public Works Design Standards Manual or our city plans. Would you be amenable to amending the site plan to standard wording that clearly defines what it is that the applicant intends and specifically what I'm looking for here in this case, it would be an 11 foot shared use path consistent with the Public Works design guidelines? Mr. Schmidt: That's absolutely right, Commissioner Camp. We have no intent to skimp on the standard that is desired from the active transportation plan. So we would be open to revising the site plan to reflect that. Mr. Camp: So Madam Chair, I would like to attach that as a condition with a separate vote so that whichever way this particular agenda item is disposed of,whether it is passed or is not approved for recommendation,that this additional clarification will have attached. Either way, I don't want it to die with a vote on the motion. Ms. Cuellar: Thank you very much, Commissioner Camp. I think we'll just,we'll continue when we get to our next round of discussion,we'll go from there. So thank you very much. We also have a condition that Commissioner Plumlee mentioned. Mr. Schmidt: And,and I will elaborate. We have met,through the application process with Parks and Rec,with Public Works. We've been keeping the dialogue moving, but I appreciate the terminology clarification there. Ms. Cuellar: Commissioner Cromwell? Mr. Cromwell: Mr. Schmidt, in relation to the height of what is to be stored in the bulk storage yard. Could you elaborate on that? Mr. Schmidt: Yes, sir. So the biggest thing that I can clarify on is the finished units range from a height of roughly 13 and a half feet to 16 foot tall. There are smaller items that will be stored that would not be taller than eight feet. Some of the generators themselves will be close to that 10 foot mark,with the radiators, like has been visible. Mr. Cromwell: So in regards to the screening,would you,do you all plan on having screening over 16 and a half feet in regards to the landscape, not necessarily the fence? Mr. Schmidt: Yes sir. We,we would propose landscaping that at maturity would achieve a height exceeding the height of the enclosure,the maximum enclosure that we have to date. Mr. Cromwell: Thank you. Ms. Cuellar: Commissioner Camp. Mr. Camp: May I ask a follow up on the landscaping? When you talk about the enclosure being landscaped, are you talking about the perimeter of the entire facility or are you just speaking about the storage area? Mr.Beaman: It's hard to see in the one that's on the screen, but the entire perimeter of the facility will be landscaped. Specifically along the frontages we also have berms to enhance that landscaping similar to what we had done across the street. Mr. Camp: The reason that I ask is it is an additional component of the transportation plans that it's not just bare concrete by itself,but that, as you well know,would incorporate that landscaping. And I want to make sure,because as I look at the site plan that looks very tight against your perimeter fence to be able to install those trees that would then be called for. But it is your assurance that that is part of the intent. Mr. Schmidt: That's right, sir. Mr. Camp: Thank you, sir. Ms. Cuellar: Any other questions at this time for Mr. Schmidt? Mr. Schmidt: And if I could further elaborate on that just to touch, I know, Commissioner Mauch and the informal had brought up, because I know the agenda item that follows this could have some impact to the background that you see on the screen. It will not impact the outdoor storage locations. They will be conditioned that those are the only areas permitted for outdoor storage. But to Commissioner Camp's point with the next agenda item,that will allow us to push and pull some pieces around to make sure that the active transportation plan trail and landscaping can be achieved. Ms. Cuellar: Commissioner Camp? Mr. Camp: These are two separate items with two separate votes? Mr. Schmidt: Yes sir. Mr. Camp: So what we are being asked to vote on is what's before us now? Mr. Schmidt: That's correct. Mr. Camp: If a different item on this agenda is passed,you're suggesting that you're going to alter what we've approved here. Mr. Schmidt: We would not be altering anything associated with the outdoor storage areas, which is what the vote is on. Mr. Camp: Then what would you be altering? I believe I heard you say you would be making adjustments. Your words I believe were "moving things around." What would be moved around different than what we see here? Mr. Schmidt: For example,to address some of the concerns related to space needed for an 11 foot wide trail and subsequent landscaping, we could take some of the perimeter parking and move it further away to enhance the landscaping even further and have additional space for accommodating the active transportation plan trail. Mr. Camp: Okay. But doing so the 11 foot trail and the associated landscaping is not contingent upon approval of a separate agenda item today? Mr. Schmidt: That's right. Mr. Camp: Thank you, sir. Ms. Cuellar: Thank you, commissioners. Okay. Not seeing any additional questions. Thank you so much. We do have some speakers and then you'll have an opportunity to come back. Clerk: Our first speaker in opposition is Ali Allred on Webex. Ms.Allred: Hi, can you guys hear me? Ms. Cuellar: Please state your name for the record. Ms.Allred: Allison Allred. Ms. Cuellar: Go ahead, Ms.Allred. Ms.Allred: Hi. I would like to start by saying how much I believe we are in critical need of raising our tax base. Much to Mr. Schmidt's points,we are seeking economic growth in that area and I do support that. And you did state that you were open to realigning your plans, so I do appreciate those notes that were made earlier,but I'm, I wrote this already so I'm just going to read it. Item 14 places an arguably,prideful storage yard. I did change it from bulk storage yard based on your comments. A prideful storage yard,but it's right across the Southeastern Trail. The comprehensive plan's big ideas include a linear park system to connect our city support, recreation, and even drive economic growth through higher property values and tourism. Approving storage here without requiring the trail alignment is cutting the spine of that system. Though you don't see it yet today,the Southeastern Trail will connect south from the VB Trail. It's a vital artery. And once cut,trails rarely come back, especially right through an established business. It's not good economics and it's a bad deal for the taxpayers that have already paid for that land. And let's be honest,the kind of industrial jobs this creates pays around, you know,40, $50,000 a year. That's barely enough to live in Virginia Beach, let alone buy a home and drive somewhere. Those workers might be the same ones who need the trail most, a safe, affordable access to get jobs and connect across the city. Cutting them off is not only shortsighted, it's inequitable without a plan to incorporate the trail,but that we can see. I don't understand how we can take the promise to the bank to provide an alternate path without seeing one here and a promise to initiate this portion of the trail as part of your project. It's just not a promise I can accept. I ask that you provide a revised plan showing the enhanced landscaping you speak of and the 11 foot wide path and it will face the public. So thank you. Ms. Cuellar: Thank you very much. And if you could just pause for a moment if there's any questions by the commission for the speaker. Thank you very much for participating today. Clerk: Our next speaker in support is Michael Ireland, followed by our last speaker, Lisa Murphy. Ms. Cuellar: Welcome. Mr. Ireland: Thank you for the opportunity to speak in favor of this Conditional Use Permit. My name is Michael Ireland. I'm the Executive Vice President of Acoustical Sheetmetal. As stated earlier, our company, excuse me, builds large or integrates large industrial generators into commercial packages that are sent across the country for infrastructure and data center projects. I wanna take a moment really briefly to tell you about our company and our story here. To put it in context,when I joined the company in 2000,there were eight employees and we were renting about a thousand square feet in the old Gill still building on Witchduck Road. You may remember it from that famous concrete mountain there. It was a less than desirable facility, and we persevered and we saved enough money in 2006 to buy four and a half acres in the London Bridge Industrial Park. At that point, we had the land,we had a few more employees and we had the business looking for help. We went to the Virginia Beach Department of Economic Development. They provided us a contact with the local bank and the incentives of which to move from that, call it a junkyard to the London Bridge Industrial Park. Those incentives had metrics or performance metrics for us. We met those metrics and we exceeded them in 2019. Margaret Shaia, our CEO is here today and her partner saw our promise invested heavily in us. The city again stepped up with incentives to help us build our largest manufacturing facility yet, adding another 110 employees. We then built a second plant and added another 130 employees. Recently, Governor Youngkin joined us for a ribbon cutting ceremony to add the 250,000 square foot facility that we're talking about right now. The city of Virginia Beach has believed in us and has invested in us for 25 years. We have partnered with the city to grow from a small company to over 650 employees supporting close to 2000 family members in our community. I ask you to help us through this Conditional Use Permit to build the kind of facility we need to provide 350 more workforce positions ranging from the skilled trades to highly compensated and capable engineers and accounting people. And this will allow us to partner with over 115 Virginia companies to send our made-in Virginia Beach product across the country. Thank you. Ms. Cuellar: Thank you very much, Mr. Ireland. Just pause for a moment, should the commissioners have any questions? Are there any questions for the speaker? Yes,Mr. Commissioner Plumlee. Mr.Plumlee: Mr. Ireland,how are you today? Mr. Ireland: I'm fine,thank you, sir. Mr. Plumlee: Does this company face any competition in the market? Mr. Ireland: Absolutely. Mr. Plumlee: Is the continued viability of your company contingent upon its ability to grow with this facility? Mr. Ireland: So our continued dominance in the industry,which I believe we have, is... Mr.Plumlee: Are the 350 additional jobs low paying as was described? Mr. Ireland: I don't think low paying is a fair description. We have compensation managers that we work with who look at the industrial,pay of our employee base across the country and in Virginia Beach. We're very competitive for those positions. And I think the fact that 650 people have decided to put their time,their effort, and their livelihoods into our company speaks well to the amount of pay that we're providing. Mr.Plumlee: Thank you. Ms. Cuellar: Thank you, Mr. Ireland. Thank you very much. Ms. Byler: Our last and final speaker is Lisa Murphy. Ms. Cuellar: Welcome. Ms. Murphy: Good afternoon. For the record, Lisa Murphy. I'm a resident of the City of Virginia Beach,but I'm a local land use attorney, and I happen to be the Chair of the Virginia Beach Development Authority. And I'm here to speak enthusiastically in support of Acoustical Sheetmetal's application for Conditional Use Permit. The gentleman who just spoke I think was far too modest. This company is a success story. In under 30 years,they've gone from just a few employees to over 350 employees. They've even surpassed the various phases of development that,where Economic Development and the Development Authority have engaged. We've provided grants. We've sold them the additional,the initial land for their phase one and phase two, and we are under contract for this third phase. They have exceeded any metrics that we've given them. This proposal would involve the investment. Just sheer capital investment alone of $45 million,takes this property off of the tax rolls. But more importantly,with regard to the companies that have come to us seeking grants and seeking funding,Acoustical Sheetmetal has not only done everything they've told us they would do,they have outperformed every metric that they have given us as far as their performance. So we enthusiastically support them. It sounds like based on what their engineer has said,they've agreed to 11 foot multi-use trail along the property. They've agreed to the enhanced landscaping,which sounds like two additional conditions that the Planning Commission has requested. This property is subject to the design guidelines of the Innovation Park. So it will come back before the Development Authority to review their actual design,the building materials, et cetera. I can't say enough about what a great partner Acoustical Sheetmetal is and I would be remiss if I didn't mention our concern that this is a partner that we could have lost. We could still at some point lose. They have expanded in the city,they're homegrown and we would hate to lose them to another location,which is why I'm here today, speaking with you. Happy to answer any questions, but I would respectfully request that you approve their Conditional Use Permit for storage so that they can continue expanding their operations. Ms. Cuellar: Thank you, Ms. Murphy. Commissioner Plumlee? Mr. Plumlee: Ms. Murphy, I just wanna clarify, you said you're a land use attorney, but that's not the capacity that you're here and speaking on this item. I just wanna give you an opportunity to make that clear. Ms.Murphy: Yes, I'm sorry if I glossed over that. I am here today as the representative of the property owner. So I'm the chair of the Virginia Beach Development Authority,was just reappointed, and we are the current owners of the property. Mr. Plumlee: Thank you. Ms. Cuellar: Any additional questions? Thank you very much, Ms. Murphy. At this time,Mr. Schmidt, if you would like to. I don't think we have any more speakers. Lemme just verify that. Clerk: Correct. There are no more speakers. Ms. Cuellar: That's what I thought. Mr. Schmidt, if you'd like to come back up and rebut. Mr. Schmidt: Thank you,Madam Chair. I don't have much else to add. You know, I have a reputation to work from, my company has a reputation to work from. What I say we're committed to doing,we're committed to doing. And obviously with the conditions that may or may not be proposed as a result of a motion here, we are obviously bound to those conditions. So I appreciate y'all's time and consideration of the application. Ms. Cuellar: Thank you very much. Mr. Plumlee: Mr. Schmidt, I do have a question. I just wanna make sure I heard all these conditions clearly that we discussed and just to make sure the wording that we're not going back and forth and if I have the indulgence to ask. Ms. Cuellar: Certainly, I appreciate that. I was next going to open up the floor for this discussion and then these conditions since Commissioner Camp had a specific request,because there potentially will be then two votes, one on conditions and one on the application. Would you like to repeat? And then we can get-- Mr. Plumlee: Just wanna repeat to make sure I understood what we were discussing and then he can confirm the language that I'm going to be writing down. Before, we begin discussing it on the dais. Ms. Cuellar: So would you like to go ahead with your first request regarding the landscaping? Mr. Plumlee: So,the landscaping I think was Mr. Cromwell or Mr. Camp, but I was asking that there be a condition that the bulk storage operation be contingent upon commencement of construction of the building and that appeared to be agreeable. But you hear that phraseology "contingent upon the commencement of construction of the building." Is that agreeable? Mr. Schmidt: Yes sir. Ms. Cuellar: Thank you very much. Commissioner Camp, would you like to ask for clarification on your condition as well? Mr. Camp: No, I'm satisfied with the clarification. Thank you. Ms. Cuellar: Thank you very much. Ms. Cuellar: Okay. At this time we will open up the floor for discussion or to entertain a motion. Counsel, do you have any guidance for the commission in regard to the motions for the conditions? . Ms. Eisenberg: I mean you just make a motion that you would like those conditions to be added to the application or to the list of recommended conditions. Ms. Cuellar: Great. Just wanted to make sure. Mr. Camp: Madam Chair. I have a motion. Ms. Cuellar: Commissioner Camp. Go ahead. Mr. Camp: Madam Chair, if it would please the commission and gathers a second. I move the following that the conditions noted in this application be amended to include two others. One is Commissioner Plumlee previously stated that the, I don't wanna do it right for you,the bulk storage usage is contingent upon construction of the building. Thank you. Mr. Plumlee: Commencement of construction. Mr. Camp: Commencement of construction. And second,that the application shall include construction of a shared use path conforming to the City of Virginia Beach Public Works Design Standards Manual that shall be no less than 11 feet wide and landscaped accordingly to be approved by the Parks and Rec Department staff. Ms. Cuellar: Is there a second? Mr. Coston: Second. Ms. Cuellar: Second by Commissioner Coston. Mr.Plumlee: Can I be heard on the request to have the conditions voted on separately? I just want to put down my position with regards to that prior to vote. Ms. Cuellar: I'm sorry, could you repeat that? Mr. Plumlee: I'm just asking that before we take a vote on Commissioner Camp's request for these separate conditions to be approved, I would like to be heard on having them separately heard. That's what I want to address. Mr. Camp: He wants the discussion motion? Ms. Cuellar: Yes. Mr. Plumlee: We are going to discuss just the discussion. Ms. Cuellar: Yes. Mr. Plumlee: Thank you. So I don't like the practice of voting separately on conditions. I don't think it's one that I wanna encourage us to do. I think when you say agree to all these conditions, I want, but I'm going to retain the right to vote against your project. I don't think that's fair dealing. So if we vote on conditions up or down on the project,we're sort of holding back the firepower of our vote ultimately and not conditioning it in what I would consider a good faith discussion and negotiation with the applicant. So I will vote against a separate vote on the conditions for that reason. Ms. Cuellar: Thank you. Commissioner Byler? Ms. Byler: By way of discussion,I would like clarification on Commissioner Camp's condition. I understand that you're conditioning the application upon the 11 foot shared use path,but is it implicit or can I rest assured that that path is going to connect with the Southeastern Park Greenbelt pathway and not just a path to nowhere? Mr. Camp: I think that goes beyond the parcel that is before us today and we can't condition this applicant on what the city and other private landowners will do elsewhere. The city has this multitude of plans that have existed since 1986 and are reaffirmed in the current draft plans with a general intent to do this. And as we know,those things don't get built all at once. They get built in pieces over time and it has long been the practice of this city when an applicant comes forward to say,would you please do your part of the overall goal? And I think that is the most we could ask today. Ms. Byler: So if we approve this application,we're allowing the proposed pathway to be disjointed and what I'm hearing is they are presenting an alternate route and I just wanna make sure that that alternate route is going to connect at either end. So by saying that Parks and Rec has to approve it is that therefore implicit? Mr. Camp: My intent with Parks and Rec is that they,there's been reference throughout this to Public Works, but Parks and Rec is the department that actually deals with these standards. That's why I said that department. This will connect on Hudome Way. There is a,there'll be a curb cut there and then across,there's a shared use path on the south side of Hudome Way. So it connects into the network and that flows into the intended network of paths as was presented in the informal that is intended through Innovation Park to make it a place where the employees and the public may move through. It is called a park, Innovation Park. That was the point that it was not a barricaded area separate from the rest of our city down there. With regard to the area over at Princess Anne,we have a shared use path running up and down Princess Anne as well. Now we heard this morning there's an intervening landowner for one little connection but that reduces our problem to dealing with that one little segment to tie it in over there. And I think that's the most that we can do with this applicant. But all the other pieces are there. Ms.Byler: Thanks for that clarification. This is important to me because millions of dollars have been spent by the City of Virginia Beach in the ITA and the Innovation Park and I certainly believe in this applicant. I believe in what they're doing. I'm excited for the city,but that is an important pathway and I don't wanna see it broken. Ms. Cuellar: Thank you, Commissioner Byler. Mr. Camp: With regard to Commissioner Plumlee's comments about the nature of this motion. I never know if these motions,whether an application is going to be approved for or approved or denied. I don't know. And what I do want to ensure is that if we make a motion, for example,to deny it and that motion also has pathway technical issues in it and that motion fails,well so do the pathway technical issues. City Council will do with this as they see fit in the best interest of the city. But I think when we look at the land use plans, as our council told us this morning,the health safety welfare of the public as listed in all of these council approved plans, I feel a responsibility to correct an omission and to pass up to council an improved plan for their consideration. Whether that is to approve it or to deny it,that it is not go up to council with errors and issues in it. And that is my only point. Ms. Cuellar: Thank you, Commissioner. Commissioner Plumlee? Mr. Plumlee: Then I have a substitute motion and my substitute motion is to approve the project with the conditions additionally with the conditions that we've just previously stated. And if I have support then it deals with the issue that Mr. Camp has outlined and puts before us now a vote with the conditions. So I make that motion. Ms. Cuellar: There's a motion on,there's a substitute motion on the floor for approval with the two conditions. Is there a second? Mr. Coston: Second. Ms. Cuellar: Second by Commissioner Coston. Further discussion? Mr. Camp: May I ask a procedural question? Ms. Cuellar: Yes. Mr. Camp: If Commissioner Plumlee's motion does not carry what happens to this application, do we have the opportunity then since he's embedded these two conditions in the motion to move again to pass up our,what would then be a denial recommendation with them in it? How do we do that procedurally? Ms. Cuellar: I'm going to defer to our counsel since I know we vote on the substitute motion first. And so,Ms. Eisenberg, if you'd be kind enough to answer? Ms.Eisenberg: Sure. So if you vote on the substitute motion and the substitute motion fails, there's still another motion that's currently on the table,which is the motion to just add the two conditions that were previously stated to the list of recommended conditions and there would need to be a vote on that motion. Mr. Camp: Thank you. I'm fine with this. Ms. Cuellar: Okay. So we're in our discussion period. We have a motion for approval with the two conditions as mentioned, seconded by Commissioner Coston. Is there any further discussion? Clerk: Vote is open. By recorded vote seven to two,oh, excuse me, seven to three. Item 14, ASC Real Estate,LLC, Margaret Shaia with modified conditions has been recommended for approval. Ms. Cuellar: We also then now have a motion and Ms. Eisenberg currently on the floor,which was Commissioner Camp's. Ms.Eisenberg: Since this motion was approved then you don't, the other motions are disposed of. Ms. Cuellar: I didn't think so, but I just wanted to clarify for the public. Because sometimes we're learning parliamentary procedures together, so I appreciate that. Thank you very much. Vote Tall Commission Member AYE 7 NAY 3 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 outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "Acoustical Sheet Metal Phase 4—Useable Acreage Exhibit", dated August 4, 2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Should outdoor lighting be installed within the Bulk Storage Yard 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. 3. A final subdivision plat must be submitted for review, approval, and recordation for the lots being created. 4. The final plat must be prepared in accordance with Section 6.3 of the Subdivision Regulations. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Transition Area/interfacility Traffic Area Citizens Advisory Committee September 4, 2025 Virginia Beach City Council Virginia Beach Planning Commission Building 1, City Hall 2401 Courthouse Drive Virginia Beach, VA23456 Advisory of non-compliance: ASC Real Estate LLC-Application for Conditional Use Permit(Bulk Storage Yard) Dear Mayor and Members of the Virginia Beach City Council and the Virginia Beach Planning Commission, On August7, 2025, Margaret Shaia of ASC Real Estate LLC, and Dave France from Kimley Horn, presented a concept plan and rendering as the basis for a Conditional Use Permit application for a Bulk Storage Yard at 2008 Hudome Way.The concept plan and renderings illustrate the proposed manufacturing building,two separate bulk storageyards, paved parking lots, separate garage/office building, thefreight driveway and paved surface area, site landscaping, stormwater pond,fencing, multiple public utility easements, Dominion easement and the Southeastern Parkway and Greenbelt (SEPG) roadway reservation. The City of Virginia Beach zoning ordinance requires a Conditional Use Permit to operate a bulk storage facility on an 1-1 Light Industrial zoned parcel. Article 10 and Appendix A, Article 2. C. Sec 228*detail these requirements. Additionally, to effectively consider compliance, the TA/ ITACAC relies on Comprehensive Planning policies and documents, including the Innovation Park Design and Development Guidelines. In reference to the bulk storage facilities,the CAC Members asked the applicant specific questions regarding what would be stored, requesting confirmation that scrap, salvage, and secondhand materials would not be stored, processed orsold, inquired aboutthe height of storage racks, materials, and finished products being stored, asked for an explanation forthe deviation from the screening requirement, whythe minimum fence height was being proposed given the size of the stored items, and why the requisite fencing to completely enclose both storage yards was not being followed. They responded with explanations that supported their desired use and needs, along with assumptions of viewshed changes overtime, but did not indicate an understanding orwillingness to comply with the zoning ordinance requirements. * Concerns were raised over the bulk storage yard,fencing, parking lot and drive aisle that are included in this concept plan as they encroach on the City of Virginia Beach SEPG roadway reservation, and that vertical restrictions in the Dominion easement hamper parking lot landscape requirements. Furthermore, these encroachments and fenced off public easements subsequently disregard and remove planned trail networks anticipated in other citywide plans. When asked how this was even feasible, they responded with explanations that changes would be made on the property to accommodate citywide plans should they come to fruition in the future, and that VB Public Works had already seen these plans, further stating"this has already been worked out." The CAC questioned the reasonability of this plan, and the authority or acceptability of an administrative`complete street roadway/trail reservation' closure forth use of a private entity. Questions were raised regarding the level of impervious surface contained in the bulk storage yards and within the site, and the implications to stormwater runoff. The Innovation Park Design and Development Guidelines offer stormwater treatment for up to 60%of the impervious site coverage (Page 3).The CAC questioned the abilityforthe rendered 0.29-acre onsite stormwater pond to effectively capture the excess stormwater runoff from this largely impervious 21-acre parcel if only 60%of the impervious surface cover is considered under treatment in the offsite stormwater pond. Applicant responses did not resolve concerns, and after considerable discussion,the consensus of the CAC members is that strict compliance with stormwater policy and regulations, along with meeting open space requirements in the TA/ ITA, are necessary components to mitigate stormwater and flooding implications. It is widely known and understood thatthe land in the ITA is poorly draining and flood-prone, and that exceptions here place additional burden on neighboring parcels, our Flood Protection Program, and ongoing taxpayer cost to maintain and remedy stormwater and flooding problems.The regularlyflooded VB National Golf Course,with very little impervious surface, is a prime example of an already burdened neighboring parcel in the ITA. The ASC concept plan offers very limited open space, located primarily in the roadway reservation. In a review of our city policies,the CAC finds that the application for a Conditional Use Permit on this concept plan further exacerbates the lack of compliance with many planning documents: 1) Innovation Park Design and Development Guidelines -development here continues to ignore the guidelines established specificallyfor this corporate park even after they were changed in 2023 (from BioMed to Innovation Park), resulting in a manufacturing/warehouse district facing Princess Anne Road, despite planning objectives and proffers. • P3- Princess Anne Commons Comprehensive Plan Recommendations- application does not complywith open space, protection of sensitive land, building type and style, or public amenity expectation. There is no mention of an allowance for bulk storage yards in existing plans. • P3-Section 1.3-concerns over stormwater management and deficiency are highlighted above. • P6-Section 1.6-Applicable Codes-the concept plan does not conform to the zoning ordinance. * • P8-2.1 Pathways-there is no onsite ortrail connectivity illustrated. • P9-2.3 Fencing-appropriate fencing and screening should be employed to protect the Princess Anne Road viewshed. • P10-2.4-Landscape and Plantings-Giventhenumberoftreesthatwillbe removed to clear the site, the tree canopy in this area is being further compromised-ensure replacement minimums and guidelines are met. • P10-2.6-OutdoorAmenity-none illustrated. • P11-14-Building Design-not reflective of Innovation Park Guidelines 2) Outdoors Plan and Active Transportation Plan-citywide connectivity policygoals and the trail network are compromised south of Princess Anne Road. 3) Master Transportation Plan and 2040 Draft Master Transportation Plan-the planned roadway network is compromised. 4) 2016 Comprehensive Plan and ITA&Vicinity Master Plan-significant overreach on type, level, and intensity of development under the AICUZ Overlay. 5) Flood Protection Program -Flooding remains a critical issue in this sensitive and poorly draining area of Virginia Beach.The excessive impervious surface cover suggested on this site plan is alarming. In addition to noncompliance with adopted planning and policy documents and failure to meet the special zoning requirements for a Bulk Storage Yard Conditional Use Permit,the large scale and size of this operation, along with the 21-acre parcel size raises the question of proper zoning(i.e.. lightvs heavy)and compatibility with nearby uses along Princess Anne Road. The concept plan blatantly disregards plans and policies, includingthose put in place for use by the Virginia Beach Development Authority, demonstrating that industrialization below the Green Line lacks consideration for compliance, and outrightly ignores the legitimate concerns and expectations of the citizens of Virginia Beach. For these reasons, we recommend denial of this application for a Conditional Use Permit. Further, we request attention to the matters articulated here regarding the applicant's concept plan that was provided to the Committee. The CAC values our City's Comprehensive Planning documents and considers compliance as the normal and expected course of business. Sincerely, and on behalf of the Transition Area /ITA Citizens Advisory Committee, D La vLaI N 611_4 Chair-TA/ITA CAC *Sec. 228.-Bulk storage,auto storage and contractor storage yards. In addition to general requirements, the following special requirements and limitations shall apply to bulk storage, auto storage and contractor storage yards in districts in which they are generally permitted: (a)Fencing. The storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than six(6)feet in height, except where prohibited by section 201(e)(1), and Category VI landscaping. (b)Lighting. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. From: Sara Wickard To: Plannina Administration Subject: Acoustic sheet metal-open storage facility Date: Monday,September 8,2025 11:16:00 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. An open storage facility on Princess Anne Rd is completely contrary to the green plan for Virginia Beach. It is completely industrial. I would like the planning committee to focus on preserving the of beach/country feel of Virginia Beach. I oppose the open storage facility for Acoustic Sheet Metal. Sara Wickard From: Karen Simmons-Faber To: Planning Administration Subject: Acoustic Sheet Metal Date: Tuesday,September 9,2025 1:17:51 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. To Whom It May Concern, I have been a Virginia Beach resident since 1991 . I have concerns about the open storage area at Innovation Park that has been requested by Acoustical Sheet Metal. The proposed location is clearly undesirable and will detract from the beauty of the surrounding area. Virginia Beach residents and tourists do not want to drive to the recreation park and be met with an industrial storage lot! Please vote NO. Sincerely, Karen Simmons-Faber Sent from Yahoo Mail for Whone From: Eloise May To: Plannina Administration Subject: Acoustical building Date: Thursday,September 11,2025 8:07:54 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. Dear Members of the Planning Commission, My family and I have lived in Christopher Farms since 1999 and have enjoyed this area. Of course, we miss the Princess Anne Park that was removed to build hospital and we understand that concessions have to be made for the good of the community. However, I am unhappy to hear about the open storage area at Innovation Park requested by Acoustical Sheet Metal. It is not what I remember was in the plan and it seems to go against keeping the area to plan. Don't know why other place got put in against plan. Please vote NO. Eloise Shelton-Mayo From: Larry Sorings To: Plannina Administration Cc: Larry Springs Subject: Acoustical Sheet Metal plant Date: Tuesday,September 9,2025 1:05:35 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 totally object to the big Acoustical Sheet Metal plant's request to turn the wooded area across from Princess Anne Road into a giant open air "bulk storage" facility (basically an industrial junk yard). From: Sherry Terpenina To: Planning Administration Subject: Acoustical Sheet Metal Date: Monday,September 8,2025 10:27:48 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. Please vote NO on the open storage request at Innovation Park by Acoustical Sheet Metal. This will look like a dump. Please vote No. Sincerely, Paula Terpening Sent from Outlook From: Laura(a)1hfitnesshr.com To: Plannina Administration Subject: Green space Date: Tuesday,September 9,2025 7:10:22 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. Hello, I am writing today regarding the green space disappearing from our city. I live in Christopher Farms and was told when buying 9 years ago that the city protects the green space around us due to the base. Now Princess Anne Road has two new neighborhoods and has plans for two more plus apparently a large storage facility. The traffic is getting heavy and you have now added a new light at winterberry which is ridiculous. I sat at 4 light cycles last night to take my kid to soccer.I have never sat through more than 1 light cycle at Landstown and that light actually has traffic coming in all directions.The military base should have some green space in case of an emergency and this taking over every little bit of it needs to stop. What once felt like a little touch of Country in our city is now being taken over as well. Sincerely, Concerned Resident of VA Beach From: Susan Stoke To: Plannina Administration Subject: Innovation Park in our area Date: Monday,September 8,2025 10:13:46 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. Dear Members of the Planning Commission, As a Virginia Beach resident since 1983, I am committed to the city as a desirable place to live for my family and me. I have grave concerns about an open storage area at Innovation Park requested by Acoustical Sheet Metal. This is not what we want to see in our neighborhood or when we drive to the recreation area off of Princess Anne Road at Landstown. I doubt Virginia Beach residents and tourists to our city do not want to be welcomed to the recreation park by an industrial storage lot. Please vote NO. Sincerely, Susan Stoke From: daniel.steinel(a)icloud.com To: Planning Administration Subject: Land development. Date: Tuesday,September 9,2025 5:47:32 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. Please do not let acoustical sheet metal turn wooded area into an open air bulk storage.This type of development would be very detrimental to the Princess Anne corridor,including neighborhoods,shopping center,music and sports entertainment and farmers market.Thank you Daniel Steinel resident since 1988. From: Diane vancamoen To: Planning Administration Subject: Landstown Date: Tuesday,September 9,2025 8:14:50 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. Please no more industrial building off Princess Anne. Thank you Diane vancampen. Sent from my iPhone From: chuck eastman To: Planning Administration Subject: No bulk storage along princess Ann rd Date: Tuesday,September 9,2025 6:42:10 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. Sent from my iPhone From: Kim Hargrave To: Plannina Administration Subject: NO to Junkyard/Dump Acoustical Sheet Metal Date: Tuesday,September 9,2025 5:03:28 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. Dear Members of the Planning Commission, As a Virginia Beach resident since 1989, 1 am committed to the city as a desirable place to live for my sons, their families and my husband and me. I have grave concerns about an open storage area at Innovation Park requested by Acoustical Sheet Metal. This is not what we want to see in our neighborhood or when we drive to the recreation area off of Princess Anne Road at Landstown. I doubt Virginia Beach residents and tourists to our city do not want to be welcomed to the recreation park by an industrial storage lot. Please vote NO. Best Regards, Kimberly R. Hargrave 2024 Square Dance Court Virginia Beach, VA 23453 Mobile 757-719-9390 From: Kathy Van Mullekom To: Plannina Administration Subject: Objection Date: Wednesday,September 10,2025 8:33:01 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. The Acoustical Sheet Metal Plant should NOT be allowed to turn a parcel of Landstown area land into an industrial storage area. This sets a poor precedent for more ugly and wrong uses of land in the city. Plus, it's a wrong use for the ITA area. Please decline the request. 2825 Energy Drive VB 23456 Kathy Hogan Van Mullekom ... in Hampton Roads Virginia along the scenic Chesapeake Bay Facebook@ Kathy Hogan Van Mullekom Facebook@Zip Codes 23456123457 Virginia Beach From: Kate Goodson To: Planning Administration Subject: Open Storage Area For Acoustical Sheet Metal Date: Monday,September 8,2025 10:23:15 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. Sir/Madam: Please vote no for the open storage area at"Innovation Park"on Princess Anne Road as requested by Acoustical Sheet Metal.A pile of sheet metal parts doesn't sound very"Innovative"by any stretch of the imagination.What was proposed as a promising future for our area seems to be turning into a massive eyesore. Sincerely Kate Goodson Proud Resident since 1990 Sent from my Wad From: Freight Logistics To: Planning Administration Subject: Oppose Acoustical Sheet Metals Open Storage Request Date: Monday,September 8,2025 9:47:43 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. Dear Planning Commission Members, I am writing to express my opposition to an open storage lot near the massive Acoustical Sheet Metal buildings on PA Road at Landstown. Please vote note NO. This is an residential, shopping and recreational area and a wonderful place to live. If we have to accept the already built industrial center instead of the nicely designed Research Center we thought we were getting, at least do not make us tolerate basically an industrial junkyard. Respectfully, David Haplea From: MARY HUMMEL To: Plannina Administration Subject: Proposed industrial development area on Princess Anne Road Date: Tuesday,September 9,2025 9:58:34 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I have lived in Christopher Farms since September 1990-35 years.I have seen many promises made by our city council concerning this beautiful area and have seen these promises pushed by the wayside to accommodate city council's greed and preference to developers. Virginia Beach is a beautiful city considering its size but I am so disheartened by the constant misuse of land and the blatant lies that we citizens have been told throughout the years. When does the development stop? When will your lined pockets be full? When can we believe what comes out of your mouth from one day to the next? What legacy are you leaving our children-no green spaces only development and commerce areas for our grandchildren to live among. Please reconsider the sheet metal"warehouse"area on Princess Anne Road and give us the park and the walking trails that were promised to us. Thank you,M.O'Brien Sent from my iPad From: mary cuooer To: Plannino Administration Subject: Storage for steel acoustical plant Date: Wednesday,September 10,2025 7:48:39 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. Please do not approve the expansion of the steel acoustical plant across from Hudome Road. That is not good for the neighborhood. Keep in mind the plan for recreation, sports area or just keep the trees, Mary Anne Cupper Yahoo Mail: Search. Organize, Conquer From: Rachael Kelley To: Plannino Administration Subject: Vehement Objection to Open-Air Bulk Storage Proposal Date: Tuesday,September 9,2025 11:02:22 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. Dear Members of City Council, As a resident of Landstown Meadows, I am demanding that you reject the petition to allow Acoustical Sheetmetal to use the land across from our neighborhood as an"open-air bulk storage area." Let's be clear,this is nothing more than a JUNKYARD dressed up with a clever name. This proposal is a direct violation of the promises made in the 2017 Interfacility Traffic Area (ITA) & Vicinity Master Plan. That plan specifically committed this land to light industrial and campus-style development—low-impact, high-quality projects designed to complement nearby residential communities and protect the long-term vision for Princess Anne Commons. Nowhere in that framework is there room for an unsightly,open-air dumping ground. To approve this petition would not just be a betrayal of residents, it would undermine the City's own planning documents. What message does it send when the City disregards its own comprehensive plan and allows incompatible uses that devalue neighborhoods and strip away community trust all in the name of MONEY? This so-called"bulk storage"site threatens to: • Destroy property values for the hundreds of families who invested in Landstown Meadows in good faith. • Erode quality of life by introducing noise, debris,truck traffic, and visual blight directly across from our homes. This proposed dumping ground is not hidden away, but completely in open and visible from the entrace to our neighborhood,Princess Ann rd, and both landstown Commons shopping center. • Violate the ITA development principles of smart growth, environmental sensitivity, and compatible land use. The ITA framework was supposed to be a safeguard,a promise that this area would never devolve into exactly this kind of incompatible, destructive land use. To turn around now and allow a junkyard in disguise across from a family neighborhood is not only irresponsible, it's a betrayal of the community you are supposed to serve.Let's not forget,you are ELECTED BY RESIDENTS to be our voice!! Elected means we will find someone else to do so should you not fulfill your duties. I urge you in the strongest possible terms: stand with your residents, honor the City's own planning commitments,and reject this petition outright.Anything less would be a disservice to the people of Landstown Meadows and surrounding neighborhoods, and to the integrity of Virginia Beach's planning process. Sincerely, Rachael Kelley Resident, Landstown Meadows 3265 Winterberry Ln. rkelley728@icloud.com/443-534-0480 B2 �G B2 w Q � w w Q N g B2 w z B2 N Z z w o.. ADMIRAL WRIGHT RD ® Site " M Zoning 5073 Virginia Beach Blvd. LLC WF [71 Property Polygons 245 Pennsylvania Avenue Feet 0 15 30 60 90 120 Map created by Planning Department on 9/16/2025 f�t'O I>i S S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 5073 VIRGINIA BEACH BLVD. LLC [Applicant & Property Owner] Conditional Use Permit (Automobile Repair Garage) & Conditional Use Permit (Motor Vehicle Sales and Rentalsl for the property located at 245 Pennsylvania Avenue (GPIN 1467859351). COUNCIL DISTRICT 4 (Ross- Hammond) MEETING DATE: October 21, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage and a Conditional Use Permit for Motor Vehicle Sales and Rentals. The site is currently developed with a garage and office buildings, which will be retained. The Automobile Repair Garage will provide light repair services to include tune-ups, brakes, tires, and window tinting. The proposed hours of operation are 9.00 a.m. to 6.00 p.m., Monday through Saturday. Per Section 239 of the Zoning Ordinance Motor Vehicles Sales and Rentals requires a minimum lot size of 20,000 square feet. The applicant is requesting a deviation to this requirement, through the provisions of Section 221(i), to permit a lot size of 18,620 square feet. Additionally, the applicant is requesting a deviation to Section 201(e)(1) of the Zoning Ordinance, which requires that any fence that projects into or encloses a required front yard shall not exceed a height of four feet while the applicant is proposing a six-foot tall fence. ■ Considerations: The property is located in the Central Village District of the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and to develop as an eclectic, mid- to low-rise commercial and urban residential area. While not meeting the Comprehensive Plan's recommendations for the Central Village District, the request for a Conditional Use Permit is an acceptable interim use given the current concentration of autocentric uses in the area. 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. 5073 Virginia Beach Blvd. LLC Page 2 of 4 ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 1. Conditional Use Permit (Automobile Repair Garage): 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. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the use as an Automobile Repair Garage. 5. Should outdoor lighting be installed, 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: 6. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 7. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road. 9. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 10. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 11. 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, 5073 Virginia Beach Blvd. LLC Page 3 of 4 or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. Conditional Use Permit (Motor Vehicle Sales and Rentals): 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the Motor Vehicle Sales and Rentals use after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the Motor Vehicle Sales and Rentals use. 5. Should outdoor lighting be installed, 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. 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. 5073 Virginia Beach Blvd. LLC Page 4 of 4 Submitting Department/Agency: Planning Department City Manager/- ,�6 Agenda Applicant : Property •wner: 5073 Virginia Beach Boulevard LLC Planning Commission ' • September 1 2025 CouncilVB' i City /istrict 4 (Ross-Hammond Project Details Request Conditional Use Permit (Automobile Repair Garage) , Conditional Use Permit (Motor Vehicle Sales and JEANNE ST Rentals) a W � w Staff Recommendation m ter_ Approval _ 1 N ST BF _. Ne StaffPlanner r gl Alexis Bailey �Fv - ys A0MIRALWRIGHT-RD Location _Az d-v 245 Pennsylvania Avenue a a GPIN _ > z 1467859351 v. CLEVELANDST m Site Size 0 a 18,620 square feet r, _30UTHER"LVD A/CUZ Less than 65 dB DNL Watershed 1, Chesapeake Bay Existing Land Use and Zoning District Automobile Repair Garage/ B-2 Community . Business � �'4:1- N. Surrounding Land Uses andZoning Districts ., Norther Automobile Repair Garage/ B-2 Community Business a� DMIRAL WRIGHT RD # . South 0 — Admiral Wright Road r7 Industrial Office/ 1-1 Light Industrial I East Pennsylvania Avenue Automobile Repair Garage, retail/ B-2 Community Business West Industrial Office/B-2 Community Business 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 1 of 14 Background SummaryofProposal • The applicant is requesting two Conditional Use Permits, one for an Automobile Repair Garage and another for a Motor Vehicle Sales and Rentals business on this approximately 18,620 square-foot, B-2 Community Business zoned parcel. • A Conditional Use Permit for motor vehicle repair, to include construction of a new repair facility, was approved by the City Council on March 17, 2015, subject to a ten-year time limit that expired on March 17, 2025. While the new structure was never built, the repair use did persist on the site until the Conditional Use Permit expired earlier this year. The current request includes a continuation of the Automobile Repair Garage as well as the addition of Motor Vehicle Sales; however, unlike the 2015 request, the applicant intends to use the site as is. • The site currently contains a garage and office buildings, with the remainder of the site being impervious cover to include a combination of concrete, asphalt, crusher run, and gravel. • The proposed hours of operation for both proposed businesses are 9:00 a.m. to 6:00 p.m., Monday through Saturday.Three to five employees total are anticipated to support these businesses. • The Automotive Repair Garage will provide light repair services such as tune-ups, brakes, tires, and window tinting. No body work or paint work will take place on the subject site. • According to the applicant, there will be no changes to the exterior of the building, and all work and storage of materials will occur within the building. • Given the site's location in the Pembroke Strategic Growth Area (SGA) and the improvements to this portion of Cleveland Street proposed with the upcoming Cleveland Street Capital Improvement Program (CIP) project, the applicant intends to use the site as-is and understands the use may only be permitted for a limited duration. • Section 239 of the Zoning Ordinance requires a minimum lot size of 20,000 square feet for Motor Vehicle Sales and Rentals. The applicant is requesting a deviation to the lot size requirement, through the provisions of Section 221(i) of the Zoning Ordinance, to permit 18,620 square feet. • Section 5A.4 of the Site Plan Ordinance requires a minimum of 12 percent of the display area to be planted, which would equate to approximately 150 square feet for this proposal. As shown on the submitted conceptual plan, the applicant has exceeded this requirement by approximately 350 square feet. In addition, the street frontage and building foundation landscaping depicted on the conceptual plan meet and, in some instances, exceed the requirements set forth in the City's Zoning Ordinance. • The applicant is requesting a deviation to Section 201(e)(1) of the Zoning Ordinance, which requires that any fence that projects into or encloses a required front yard shall not exceed a height of four(4) feet and the applicant is proposing a six-foot tall wood privacy fence along Pennsylvania Avenue and Admiral Wright 5073 Virginia Beach Boulevard, LLC Agenda Items 17 & 18 page 2 of 14 Road, along with landscaping. Staff is recommending a condition to require the installation of a 6-foot tall privacy fence in a low-maintenance material, such as vinyl or a composite material, around the entire perimeter of the site. • Per Section 203 of the Zoning Ordinances, Automotive Sales and Service require one space per nine hundred (900) square feet of floor area. The uses require four (4) parking spaces, and the applicant is proposing ten (10) parking spaces, thereby meeting the parking requirement. Zoning History Request # CUP (Automobile Repair Garage) Approved ... , e�gcye t�• 1 O 08/20/2024 3 5 1,q 2 CUP (Tattoo Parlor)Approved 05/21/2024 Wm '' t CUP (Tattoo Parlor)Approved 02/15/2021 — ,; r y �2 N NB2 3 CUP (Motor Vehicle Repair Garage) w Approved 11/12/2013 W/ Z STC Approved 09/05/2017 F4 v 4 MDC Approved 09/05/2017 2 CUP (Motor Vehicle Sales and Rental) -- Approved 12/02/2008 ADMIRAL WRIGHT RD CUP (Motor Vehicle Repair) Approved i 5 03/17/2015 ^� CUP (Vehicle, Sales, Service, and Bulk 6 Storage) Approved 05/28/2013 1 7 CUP(Motor Vehicle Sales and Service) Approved 06/09/1992 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 Conditional Use Permits for an Automobile Repair Garage and Motor Vehicle Sales and Rental is acceptable, as an interim use.The subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, the proposed use does not align with the Comprehensive Plan's recommendations for the area, which calls for an eclectic, mid-to low-rise commercial and urban residential area. This area is envisioned for live-work, loft, and row-house residential 5073 Virginia Beach Boulevard,4LLC Agenda Items 17& 18 page 3 of 14 buildings and smaller-scale mixed-use commercial buildings. However, the proposed Automobile Repair Garage and Motor Vehicle Sale and Rental uses are in keeping with the auto-oriented uses and landscape of the district today and are deemed appropriate as 'interim uses' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. Previous Conditional Use Permits for similar uses in this district were approved in the mid-2010s and were conditioned with 10-year expirations, which were intended to coincide with the planned improvements to Cleveland Street. Given that such redevelopment is anticipated to follow the completion of the Cleveland Street Capital Improvement Program (CIP) project, Staff is recommending a five-year expiration date (Condition 1). At the end of the five-year period, the Conditional Use Permits for both the Automotive Repair Garage and Motor Vehicle Sales and Rentals will expire, and new Conditional Use Permits must be applied for and approved for operations to continue. While it is the applicant's intent to utilize the site and existing buildings as is, the conceptual plan includes the installation of landscaping along both street frontages as well as the installation of a privacy fence to improve the overall site aesthetics. As stated previously, the applicant is requesting a deviation to the required lot size and to the fence height through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties" In Staff's view, the requested deviation to the required lot size and fence height is acceptable given the interim nature of the proposed use. As such, Staff recommends approval of this request subject to the conditions and exhibit in this report. 5073 Virginia Beach Boulevard, LLC Agenda Items 17 & 18 page 4 of 14 Recommended Conditions (Automotive Repair Garage) 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. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the use as an Automobile Repair Garage. 5. Should outdoor lighting be installed, 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. 6. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road. 7. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 8. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 9. 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. 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 5 of 14 Recommended Conditions (Motor Vehicle Sales and Rentals) 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action.To continue the Motor Vehicle Sales and Rentals use after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the Motor Vehicle Sales and Rentals use. 5. Should outdoor lighting be installed, 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. 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. 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 6 of 14 Comprehensive Plan Information The Central Village district is envisioned as an eclectic, mid to low-rise commercial and urban-residential area. This district will include live-work, loft, and rowhouse residential buildings as well as smaller-scale mixed-use commercial buildings and a sports arena. (p. 34, Pembroke SGA Master Plan). The opening of new corridors at Cleveland Street and Southern Boulevard will aid in circulation and mobility in this district.The development to take place in this district will transform the area with a variety of mixed-use and residential development, new sidewalks, landscape, and streetscape improvements" (p. 34). Quality landscaping is essential to the built urban environment. Where possible, any existing natural landscaping should be retained. The corners of significant street intersections, gateways, or site entries should be enhanced by special landscape treatments such as pavers, flowering plants, signage, or decorative lighting (B-2, Reference Handbook). 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. 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 7 of 14 impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-No data available Proposed Land Use '—There will be no significant change in trip Pennsylvania Avenue No counts available 9,900 ADT 1(LOS° "D") generation for this site with the approval of this application. It appears that the existing site is an automobile service or storage yard and the proposed vehicles service and sales in consistent with this. Existing Land Use 2-XXXX ADT Proposed Land Use '—There will be no significant change in trip generation for this site with the Admiral Wright Road No count available 9,900 ADT 1(LOS 4"D") approval of this application. It appears that the existing site is an automobile service or storage yard and the proposed vehicles service and sales in consistent with this. 1 Average Daily Trips 'As defined by an 'As defined by motor 'LOS = Level of automobile repair vehicle sales and Service garage service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Pennsylvania Avenue and Admiral Wright Road are two-lane local streets. These roadways are not included on the MTP.The site is located in close proximity to the Cleveland Street Phase IV project, which is scheduled to begin construction in 2028. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 8 of 14 Public Utility Impacts Water&Sewer The site currently 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, October 7, 2025 and October 14, 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 October 6, 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 17, 2025. 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 9 of 14 Proposed Concept Plan -- -.-� - ----- ------ - i J11(3A19 HJV38 VINOWA ELOS £ E MNIatlIAV739VIN19tlln 1181HX3dfIJ II -?? 3nN3AV VINVAIASNN3d Stl £ III E !a F£ ! i COl S�•g gg g oIPfi13�83�P�4ad�� a `v LL n. H uo a --- ---- - ----- - J rya Ln az�° L =ems i r OM z 'g �_ w g� L aNn H�vazas�Nwime I i iC) r � a t u� w ' I s I I C7� ! � - � � E I•to r w dam:. z� _ r1 II . I.. 5073 Virginia Beach Boulevard, LLC Agenda Items 17 & 18 page 10 of 14 Site • • h f r 4" Y 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 11 of 14 Disclosure - DisclosureCITY OF VIRGINIA V 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 0i1 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 5073 Virginia Beach Blvd.LLC,a Virginia limited liability company 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 Noo if yes,name Representative: R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo If yes,list the names of ail 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.) George Loizou,Manager/Sole Member Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 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 entit and/or individual) Financing(mortgage,deeds of trust, Q O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Gresh wall,Commonwealth Commercial Disclosure Statement I rev. May-2024 page 1 of 3 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 12 of 14 Disclosure SECTIONAPPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 John Sandow,John Sandow Engineering Legal Services Q 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy, P.G. 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. 5073 Virginia Beach Blvd.,LLC George Loizou,Manager (•Jut 25.202505:55:43 EDT) 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 on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the , business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 9 30 2025 Alexis Bailey � 10/1/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 .x 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 13 of 14 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. 5073 Virginia Beach Boulevard, LLC Agenda Items 17& 18 page 14 of 14 Virginia Beach Planning Commission September 10, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items#17 & 18- 5073 Virginia Beach Boulevard, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: By recorded vote of eight to one, Item 15, Mark and Somer Brown, has been recommended for approval. Our last final two items are Item 17 and 18 for 5073 Virginia Beach Boulevard, LLC. Mr. Bourdon: Good late afternoon, everybody. For the record,Eddie Bourdon, Virginia Beach attorney representing Mr. Loizou on these two applications at the corner of Pennsylvania Avenue and [inaudible][04:36:52]. Mr.Loizou is a significant asset to the City of Virginia Beach as it pertains to the Witchduck SGA. Mr. Loizou has for almost 20 years now been attempting to assemble a bunch of small properties in about four blocks in the Euclid subdivision. When we adopted the SGA in the comprehensive plan, everybody on Planning Commission and City Council and the Planning Department was well aware of the fact that in order for that plan to come to fruition, all these little pieces of property zoned industrial or commercial with a lot of little mom-and-pop industrial uses and what have you,would have to be assembled and the zoning ordinance would have to be amended to provide the opportunity to do the type of mixed- use,high residential density development with pedestrian sidewalks and the whole shooting match,just like we are doing and have been doing successfully for a number of years at Town Center. And we have not, as a city, done anything other than improve Witchduck Road and the interchange at 264 to facilitate and provide the opportunity for these properties to be developed in the manner that the comprehensive plan aspirationally seeks to create. That is precisely why I have done at least 20 applications over the years in this area with these limitations on them. They were put on'em because everybody recognized,we don't know how long it's going to be before this can actually become reality. And until the city decides to put the necessary zoning changes up for consideration—and I'm not about changing the zoning, but creating a zoning that will allow what to happen,that this plan shows, same,very similar to what you have in Town Center,just not quite as high—but that doesn't exist and we don't have a redevelopment housing authority. We don't have the ability to condemn property in Virginia Beach to make these things happen. So the only way this is going to happen is somebody like Mr. Loizou—which I know there are folks on City Council that greatly appreciate what he's doing—you know, go out, as he has been doing, and assembling these properties. And he's,you know,he's not getting rich doing this, but he's creating an opportunity to do so. You know,but you know, he's not Taylor Franklin, he's not S.L. Nusbaum,you know, and they're not interested in going through all the,you know, the time,the effort and the work to,to do this. And I've helped him do a lot of this over the years, and, and he's really doing the city's work for them because we don't have a redevelopment and housing authority. So all he's asking—and he agrees with all the conditions; he's even willing to put up the vinyl fence instead of the wood fence. All the conditions are acceptable to him. And he's, again, he's not trying to infinitely run these,you know, little businesses in here. He hopes and prays that the opportunity will come sooner rather than later,that he can actually see the development to fruition, or other developers who, you know, have the wherewithal will come in, you know, and wanna actually do it. But nothing's happened other than, I guess,we got a CIP project coming on Cleveland Street. But there's more that's going to have to happen in the zoning realm to make it become a reality. Ms. Cuellar: Thank you. Thank you very much. Are there any questions? Madam Clerk, do we have any speakers? Clerk: No, no speakers. Ms. Cuellar: No speakers. Thank you very much. Floor will now have discussion and a motion. Ms. Byler: Madam Chair, it will come as this commission's no surprise that I oppose this. And I disagree with the attorney,Mr. Bourdon, on several points. To start with, we do have a zoning overlay that will allow mixed use in this area and it's encouraged. Now, I also disagree that we have to have a whole block before anything can be done. We can have those small parcels redeveloped into the types of things that are walkable, friendly, and create a sense of community; you go to plenty of other places and you'll see it. I do not believe what is envisioned for the Cleveland Village area is supposed to be another Town Center with big buildings. Yes,they are mixed use also, but this one I believe will have a different nature,but the vision that the city has laid out, given the unique location that this has. So if we continue to kick the can down the road, we're just staying in the old;we're never moving forward into the future. And after all,this commission is supposed to be land planning. And our land plan says this area is supposed to be like a village; it's supposed to be walkable. The vision for the area's future is for small shops and residents all mixed in together. But every time we approve another garage and another bulk storage yard,this is what we're going to get. We're going to be held back and we will not be moving to the future. So I appreciate that someday your client will develop this into something wonderful,but I'd like to see that day come sooner and not later. And if I approve this application, or if I recommend approval of this application, it's only going to delay it and it's not going to get us where we need to go. So respectfully, I move that the application be denied. Ms. Cuellar: Motion for denial from Commissioner Byler. Is there a second? Mr. Mauch: I'll second for the purpose of discussion. Ms. Cuellar: I'm sorry, are you seconding the motion? Mr. Mauch: Yes. Ms. Cuellar: Okay,I'm sorry. I'm hearing, so we have a motion for denial from Commissioner Byler, second from Commissioner Mauch. Any further discussion? Clerk: The vote is open. By a recorded vote of one to eight, Item 17 and 18, 5073 Virginia Beach Boulevard, LLC, has been recommended for approval. Ms. Cuellar: 04:44:19 And that was our last application. I wanna thank everyone for participating today and I will adjourn. Thank you very much. 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 (Automotive Repair Garage) 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. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the use as an Automobile Repair Garage. 5. Should outdoor lighting be installed, 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. 6. No vehicles in an obvious state of disrepair shall be parked on Pennsylvania Avenue or Admiral Wright Road. 7. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 8. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 9. 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. Conditions (Motor Vehicle Sales & Rentals) 1. This Conditional Use Permit shall expire after five (5)years from the date of City Council action. To continue the Motor Vehicle Sales and Rentals use after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 3. The site shall be developed in substantial conformance to the Site Plan entitled, "CUP Exhibit", dated July 24, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A solid privacy fence of a maintenance-free or low-maintenance material with a minimum height of six feet shall be installed and maintained around the perimeter of the site and shall be maintained for the duration of the Motor Vehicle Sales and Rentals use. 5. Should outdoor lighting be installed, 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. 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. N. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY 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 0. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT J CITY OF VIRGINIA BEACH A K SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U O S DATE: 10/07/2025 PAGE: 1 R I T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIL'S BRIEFING Heather Lockwood, A. COASTAL STORM RISK MANAGEMENT Project Manager—Army (CSRM)STUDY UPDATE-CANCELLED Corps of Engineers— Norfolk District Brent McKenzie, B. ELECTRIC BICYCLES UPDATE Legislative Affairs Director II. CITY MANAGER'S BRIEFING A. STORMWATER EXTENSION PROGRAM Kyle Coolbaugh, UPDATE Stormwater Extension Program Manager— Public Works Ill.- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y VII. A-F G. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y 1 INFORMAL AND FORMAL SESSIONS— SEPTEMBER 16,2025 2. FORMAL SESSION—SEPTEMBER 23,2025 'PROVED 10-0 Y Y Y Y Y Y Y Y A Y Y I. PUBLIC COMMENT 1 SPEAKER 1. 2026 DRAFT LEGISLATIVE AGENDA 1. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT 0 SPEAKERS Procedure for Land Use Approvals South of the Blue Line(Requested by Mayor Dyer and Vice Mayor Wilson) 2. ACQUISITION OF AGRICULTURAL LAND 0 SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 90.77+/- acres located at 5548 Buzzard Neck Road K.1. Resolution to DESIGNATE October 2025 as ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Breast Cancer Awareness Month and CONSENT AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink lighting (Requested by Mayor Dyer,Vice Mayor Wilson and Council Members Remick and Schulman) K.2. Resolution to DESIGNATE November 3, ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y 2025 as Alzheimer's Awareness Day and CONSENT 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) 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:10/07/2025 PAGE: 2 R U T N H C L M 11 C - R A H U M E H G E M R U 1 C I D N E R M M O L L C N Y L S E 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 N N K3 Resolution to DESIGNATE Bridle Creek ADOPTED,BY 10-0 Y Y Y Y Y Y Y n Y Y Boulevard in honor of Timothy"Timbaland" CONSENT Mosley(Requested by Mayor Dyer,Vice Mayor Wilson and Council Members Hutcheson,Jackson-Green and Ross- Hammond) K 4 Resolution to AUTHORIZE and DIRECT the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y City Manager to EXECUTE a First CONSENT 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 K.5. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y l' Y Y Y A Y 1' to negotiate the terms and conditions for the CONSENT transfer of Virginia Beach School Board Property to the City at 4622 and 4722 Jericho Road re park use K.6_ Ordinance to EXTEND the date for satisfying ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y the conditions in the matter of Commonwealth CONSENT Brewing Company,LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road K.7. Ordinance to AUTHORIZE and CONVERT ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y 1' a part-time position to full-time position in the CONSENT City Attorney's Office re assist with increased workload K.R. Ordinance to AUTHORIZE and ADOPTED,BY 10-0 Y Y Y Y 1' Y Y Y A Y Y APPROPRIATE bonuses for City staff CONSENT K 9 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y 1' $341,252 from the Virginia Early Childhood CONSENT 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 K 10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 $218,830 from the Virginia Department of CONSENT Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund to the FY 2025-26 for Capital Improvement Program 4100640,"Stumpy Lake Dam Improvements"and AUTHORIZE a local match re design and construction of dam modifications K.1 I. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $127,603 from the Virginia Department of CONSENT 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 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: 10/07/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $90,000 from the National Aeronautics and CONSENT 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 K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $48,463 from the Supreme Court of Virginia, CONSENT 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 K.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED;BY 10-0 Y Y Y Y Y Y Y Y A Y Y $45,502 from the Virginia Department of CONSENT 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 K.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $25,000 from the Virginia Department of CONSENT 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.1. CONCORDE APTS L.P./NORFOLK APPROVED/AS 10-0 Y Y Y Y Y Y Y Y A Y Y PREMIUM OUTLETS,LLC for a PROFFERED/ Conditional Change of Zoning from I-1 Light CONDITIONED,BY Industrial District to Conditional A-36 CONSENT 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 L.2. WEST NECK COMMUNITY APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y ASSOCIATION,INC.for a Modification of MODIFIED/AS Proffers to a Conditional Change of Zoning and PROFFERED/ a Conditional Use Permit re outdoor CONDITIONED,BY recreational facility at parcel east of 3072 CONSENT Signature Circle DISTRICT 2 1 .3. SS NEWTOWN LLC DBA ARROWHEAD APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y CAR CARE/ARROWHEAD THREE LLC CONDITIONED,BY for a Conditional Use Permit re automotive CONSENT repair garage at 5773 Arrowhead Drive,Suite 107 DISTRICT 1 LA. THE CHURCH IN VIRGINIA BEACH for APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y a Conditional Use Permit re religious use at CONDITIONED,BY 5263 Greenwich Road DISTRICT 1 CONSENT .1 CITY OF VIRGINIA BEACH A 1z SUMMARY OF COUNCIL ACTIONS C (> K 5 B H S S E C U O S DATE: 10/07/2025 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 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 I N _NJI 1,.5. JAY ERNY/HERMAN DOUGLAS APPROVED/ 10-0 Y Y Y y Y Y Y Y A Y Y PASCHALL REVOCABLE TRUST for a CONDITIONED,BY Conditional Use Permit re alternative CONSENT residential development at 1524 Gum Bridge Road DISTRICT 2 1_6_ MARK&SOMER BROWN/WILD APPROVED/ 9-1 1' Y Y N Y Y Y l" A Y Y' ACRES FARMS VB,LLC for a Conditional CONDITIONED,AS Use Permit re outdoor recreation facility at AMENDED 5917 Blackwater Road DISTRICT 2 1..7. MICHAEL BACLE/MICHAEL D.& APPROVED 1 10-0 Y Y l' 1" Y Y Y 1' A l' F SUSAN L.BACLE for a Conditional Use CONDITIONED,BY Permit re firewood preparation facility at CONSENT parcel directly southeast of 1625 Indian River Road DISTRICT 2 L.8. BELINDA GAIL HILL for a Conditional Use APPROVED/ 10-0 Y Y Y Permit re home-based wildlife rehabilitation CONDITIONED,BY center at 709 De Laura Lane DISTRICT 9 CONSENT 1..9. JUXHIN EUGENE SELA/IRA KOSTA& APPROVED/ 10-0 JUXHIN SELA for a Conditional Use Permit CONDITIONED,BY re short term rental at 516 22"d Street,Unit CONSENT 300 DISTRICT 6 M. APPOINTMENTS RESCHEDULED ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY 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 CLEAN COMMUNITY COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y A Julie Dixon 3 Year Term 10/7/2025—9/30/2028 HISTORICAL REVIEW BOARD Appointed: 10-0 ti' Y Y 1' Y Y Y Y A Jeffrey Coleman Unexpired term thru 10/31/2025 +3 Year Term 11/l/2025—10/31/2028 SOUTHEASTERN PUBLIC SERVICE Reappointed: 10-0 1" N' A AUTHORITY OF VIRGINIA L.J.Hansen 4 Year Term 10/7/2025—9/30/2029 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE: 10/07/2025 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 O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N Virginia Beach Cannabis Advisory Task Force Appointed: 10-0 Y Y Y l' Y 1' Y Y A Y Y Adam Dobbins— Representative Citizen Member Unexpired term thru 12/31/2025 +2 Year Term 1/1/2026—12/31/2027 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:24 PM OPEN DIALOG 8 SPEAKERS 7:48 PM