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08-12-2025 FORMAL SESSION AGENDA
a�4G1N1A B1r,�C City of Beach• V Y 2 "COMMUNITY FOR A LIFETIME �p oUR NAS�O 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 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenlev@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 jschulman@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 August 12, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. HAMPTON ROADS TRANSIT LAND REQUEST 1:30 P.M. Amanda Jarratt, Deputy City Manager (Requested by Mayor Dyer and Vice Mayor Wilson) B. TIP FUND ANALYSIS 2:00 P.M. Kevin Chatellier, Director— Budget and Management Services C. 333 LASKIN ROAD PROPOSED SALE TERMS 2:30 P.M. Emily Archer, Deputy Director— Economic Development II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:00 P.M. Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:15 P.M. IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. V. CITY COUNCIL AGENDA REVIEW 3:45 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION: Pastor Eugene Cowan, II New Light Full Gospel Baptist Church 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 SESSION —July 1, 2025 2. INFORMAL AND FORMAL SESSION —July 8, 2025 H. PUBLIC HEARING 1. CHANGE THE POLLING LOCATION FOR PRECINCT 0093 Enoch Baptist Church Family Life Center to Good Samaritan Episcopal Church I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST Oceanfront Retailers voluntarily remove indecent and/or vulgar t-shirts from storefronts (Requested by City Council) 2. Resolution to MOVE the November 11, 2025, Regular Meeting of City Council to November 25, 2025 3. Ordinance to DECLARE City owned property at 302 22nd Street to be in the EXCESS of the City's needs and AUTHORIZED the City Manager to enter into a Purchase Agreement for the sale of the property to 215t Street Properties, LLC re the development of the property into a multi-use development project (DEFERRED FROM JULY 8, 2025) 4. Ordinance to AMEND City Code Section 2-385 re application fee for annual short term rental permits 5. Ordinance to AMEND City Code Sections 12-41, 12-43, 12-43.1 and 12-49.1 re Fire Prevention Code 6. Ordinance to AMEND City Code Section 21-230 re traffic calming 7. Ordinance re the Compensation of the City Manager effective July 1, 2025 (Requested by City Council) 8. Ordinance re the Compensation of the City Attorney effective July 1, 2025 (Requested by City Council) 9. Ordinance re the Compensation of the City Clerk effective July 1, 2025 (Requested by City Council) 10. Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2025 (Requested by City Council) 11. Ordinance re the Compensation of the City Auditor effective July 1, 2025 (Requested by City Council) 12. Resolution to APPOINT Rebecca Pazanski to the position of Deputy City Clerk II, effective August 7, 2025 13. Ordinance to EXTEND the date for satisfying the conditions in the matter of William F. Daddio and Jean A. Gentry re closure of one-half of an unnamed, unimproved alley adjacent to the rear of 817 Vanderbilt Avenue in Croatan 14. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Bradford and into the 100' City-owned strip of land surrounding Lake Bradford at the rear of 4973 Athens Boulevard re construct and maintain a proposed pier walkway and kayak launch, covered dock, landscaping, and rip rap with twelve (12) granite boulders and coir log DISTRICT 9 15. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Island Lake West at the rear of 2417 Broad Bay Road re construct and maintain a vinyl bulkhead, two (2) wood piers, wood wharf with four (4) piles and a boat lift DISTRICT 8 16. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of way known as Haygood Point Road at the front of 4804 Haygood Point Road re construct and maintain a paved pad to the front door DISTRICT 9 17. Ordinance to ACCEPT and APPROPRIATE $150,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re equipment to improve 9-1-1 call processing 18. Ordinance to ACCEPT and APPROPRIATE $75,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Management Operating Budget re purchase of two (2) mobile security camera trailers 19. Ordinance to ACCEPT and APPROPRIATE $14,884 from the Virginia Department of Criminal Justice Services (DCJS) to the Virginia Beach Sheriff's Office Grant Consolidated Fund re support wellness and resiliency initiatives for the Sheriff's Office personnel 20. Ordinance to ACCEPT and APPROPRIATE $12,121 from the Virginia Department of Criminal Services (DCJS) to the FY 2025-26 Commonwealth's Attorney Operating Budget re Victim Witness grant K. PLANNING 1. KEVIN L. SULLIVAN TRUST for a Variance to Section 4.4.(b) of Subdivision regulations re lot width at 3840 Dawley Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. ANDREA MORRIS/ LYNNHAVEN MALL, LLC for a Modification of Conditions to a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway DISTRICT 3 RECOMMENDATION: APPROVAL 3. HALL OF VIRGINIA BEACH VI, LLC/AUTO PROPERTIES VIRGINIA BEACH VI, LLC for a for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales and services at 1875 & 1877 Laskin Road, and the parcel directly south of 621 Village Drive DISTRICT 6 RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH RESIDENCES, LLC/ BAKER ROAD PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning re construct a 375-unit multi-family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 RECOMMENDATION: APPROVAL 5. JEFFREY & KARIN BARRETT/JEFFREY GEORGE & KARIN AUGUSTINE BARRETT JOINT LIVING TRUST for a Conditional Use Permit re residential kennel at 2408 Needle Court DISTRICT 2 RECOMMENDATION: APPROVAL 6. LAVAR HYMAN /ANNARINO ENTERPRISES, LLC for a Conditional Use Permit re car wash facility at 4859 Dolton Drive, Unit A DISTRICT 3 RECOMMENDATION: APPROVAL 7. TINT DADDY OF VIRGINIA BEACH, LLC/ CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 101 DISTRICT 9 RECOMMENDATION: APPROVAL 8. MALINDA LYON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 210 DISTRICT 6 RECOMMENDATION: APPROVAL 9. JE &JK LTD, LLC for a Conditional Use Permit re short term rental at 401 21s'Street, Unit 3 DISTRICT 6 RECOMMENDATION: APPROVAL 10. DEBBIE ANDERSON / SHAUN & DEBBIE ANDERSON for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6-B DISTRICT 6 RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Section 104 re change Short Term Rental Violations from civil penalty to criminal penalty RECOMMENDATION: APPROVAL 12. Ordinance to AMEND City Zoning Ordinance (CZO) Section 241.2 re Short Term Rentals RECOMMENDATION: APPROVAL 13. Ordinance to AMEND City Zoning Ordinance (CZO) Section 104 re civil penalties RECOMMENDATION: APPROVAL 14. Ordinance to AMEND City Zoning Ordinance (CZO) Section 106 re appeal period for notice of violation RECOMMENDATION: APPROVAL 15. Ordinance to AMEND City Code (Appendix B), Subdivision Regulations re update references to the State Code and the Erosion and Stormwater Management Ordinance RECOMMENDATION: APPROVAL 16. Ordinance to AMEND City Code (Appendix C), Site Plan Ordinance re update references to the State Code and the Erosion and Stormwater Management Ordinance RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF BUILDING CODE APPEALS • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT (COG) REVIEW AND ALLOCATION COMMITTEE • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • RESORT ADVISORY COMMISSION • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH VA250 COMMITTEE • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 12, 2025. I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. HAMPTON ROADS TRANSIT LAND REQUEST 1:30 P.M. Amanda Jarratt, Deputy City Manager (Requested by Mayor Dyer and Vice Mayor Wilson) B. TIP FUND ANALYSIS 2:00 P.M. Kevin Chatellier, Director— Budget and Management Services C. 333 LASKIN ROAD PROPOSED SALE TERMS 2:30 P.M. Emily Archer, Deputy Director— Economic Development II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:00 P.M. Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:15 P.M. IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. V. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V1. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION: Pastor Eugene Cowan, II New Light Full Gospel Baptist Church 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 SESSION —July 1, 2025 2. INFORMAL AND FORMAL SESSION —July 8, 2025 H. PUBLIC HEARING 1. CHANGE THE POLLING LOCATION FOR PRECINCT 0093 Enoch Baptist Church Family Life Center to Good Samaritan Episcopal Church PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR PRECINCT 0093 The City Council of Virginia Beach,Virginia, at its 6pm formal session on August 12, 2025 at 6,00 p.m.,will conduct a public hearing upon an ordinance to change the polling location for Precinct 0093. If adopted,the ordinance will change the polling location for Precinct 0093 from Enoch Baptist Church Family Life Center to Good Samaritan Church,which is located at 848 Baker Road. The ordinance will also remove outdated language for administration of the 2024 election. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office, NP which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired,call: TOO only 711(TOO-Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on August 12,2025. 2. Download WebEx and view the meeting at: htLps;//vbPoy.webex.com/weblink/r eelster/r649704f5O3bba3a3B31f7 2e90belf6e5 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-August 4&ii,2025. �7 5 z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code to Change the Polling Location for Precinct 0093 PUBLIC HEARING: August 12, 2025 MEETING DATE: August 19, 2025 ■ Background: The Virginia Beach Electoral Board (the "Electoral Board") has requested that the City Council adopt an ordinance to relocate the polling location for Precinct 0093 from Enoch Baptist Church Family Life Center to Good Samaritan Episcopal Church located at 848 Baker Road. A map showing this location is attached. The current location has presented some challenges to the poll workers on election day. ■ Considerations: The polling location requested for Precinct 0093 meets the requirements of the Americans with Disabilities Act. The ordinance removes some language pertaining to the 2024 elections that is no longer applicable. Last, the ordinance directs the Director of Elections to seek a certificate of no objection from the Office of the Attorney General for the change in polling location. Provided such a certificate is obtained, the polling location change will be administered starting with the November election. ■ Public Information: In accordance with the Code of Virginia, a notice of the proposed polling location change was published in the newspaper once a week for two consecutive weeks. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance; Map Requested by the Virginia Beach Electoral Board 1 AN ORDINANCE TO AMEND THE CITY CODE TO 2 CHANGE THE POLLING LOCATION FOR PRECINCT 3 0093 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 Section 10-1 of the City Code is hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 0001 Galilee Episcopal Church 20 3928 Pacific Avenue 23451 21 0002 Museum of Contemporary Art 22 2200 Parks Avenue 23451 23 0003 Ocean Lakes Elementary 24 1616 Upton Drive 23454 25 0004 Virginia Beach Community Chapel 26 1261 Laskin Road 23451 27 0005 Mount Olive Baptist Church 28 310 N. Birdneck Road 23451 29 0006 Alanton Elementary School 30 1441 Stephens Road 23454 31 0007 King's Grant Presbyterian Church 32 745 Little Neck Road 23452 33 0008 London Bridge Baptist Church 34 2460 Potters Road 23454 35 0009 Trantwood Elementary School 36 2344 Inlynnview Road 23454 37 0010 All Saints' Episcopal Church 38 1969 Woodside Lane 23454 39 0011 Edgar Cayce's Association for Research 40 and Enlightenment 41 215 67th Street 23451 42 0012 Lynnhaven Elementary School 43 210 Dillon Drive 23452 44 0013 Windsor Woods Elementary School 45 233 Presidential Boulevard 23452 1 46 0014 Malibu Elementary School 47 3632 Edinburgh Drive 23452 48 0015 Calvary Baptist Church 49 4832 Haygood Road 23455 50 0016 Old Donation School 51 4633 Honeygrove Road 52 0017 The Louis R. Jones Bayside Recreation Center 53 4500 First Court Road 23455 54 0018 Independence Middle School 55 1370 Dunstan Lane 23455 56 0019 Bayside Church of Christ 57 5025 Shell Road 23455 58 0020 Bayside Elementary School 59 5649 Bayside Road 23455 60 0021 Bettie F. Williams Elementary School 61 892 Newtown Road 23462 62 0022 Point O' View Elementary School 63 5400 Parliament Drive 23462 64 0023 Arrowhead Elementary School 65 5549 Susquehanna Drive 23462 66 0024 St. Andrews United Methodist Church 67 717 Tucson Road 23462 68 0025 Fairfield Elementary School 69 5428 Providence Rd. 23464 70 0026 Kempsville Presbyterian Church 71 805 Kempsville Road 23464 72 0027 Kempsville Middle School 73 860 Churchill Drive 23464 74 0028 Thalia Elementary School 75 421 Thalia Road 23452 76 0029 Holland Elementary School 77 3340 Holland Road 23452 78 0030 Seatack Elementary School 79 912 S. Birdneck Road 23451 80 0031 Red Mill Elementary School 81 1860 Sandbridge Road 23456 82 0032 Oak Grove Baptist Church 83 691 Princess Anne Road 23457 84 0033 Back Bay Christian Assembly 85 1212 Princess Anne Road 23457 86 0034 Blackwater Fire Station 87 6009 Blackwater Road 23457 88 0035 Kellam High School 89 2665 West Neck Road 23456 90 0036 Red Church Steeple 2 91 245 S. Rosemont Rd 23452 92 0037 Bayside Baptist Church 93 1920 Pleasure House Road 23455 94 0038 Bayside Presbyterian Church 95 1400 Ewell Road 23455 96 0039 Pembroke Elementary School 97 4622 Jericho Road 23462 98 0040 Union Baptist Church 99 4608 South Boulevard 23452 100 0041 College Park Elementary School 101 1110 Bennington Road 23464 102 0042 Brandon Middle School 103 1700 Pope Street 23464 104 0043 Salem Middle School 105 2380 Lynnhaven Parkway 23464 106 0044 Centerville Elementary School 107 2201 Centerville Turnpike 23464 108 0045 White Oaks Elementary School 109 960 Windsor Oaks Boulevard 23462 110 0046 Green Run Elementary School 111 1200 Green Garden Circle 23453 112 0047 King's Grant Elementary School 113 612 N Lynnhaven Road 23452 114 0048 WAVE Church 115 1000 N. Great Neck Road 23454 116 0049 John B. Dey Elementary School 117 1900 N. Great Neck Rd. 23454 118 0050 The Gathering at Scott Memorial 119 United Methodist Church 120 409 First Colonial Road 23454 121 0051 Kempsville Area Library 122 832 Kempsville Road 23464 123 0052 Providence Presbyterian Church 124 5497 Providence Road 23464 125 0053 Kempsville Elementary School 126 570 Kempsville Road 23464 127 0054 Landstown High School 128 2001 Concert Drive 23456 129 0055 Virginia Beach Moose Family Center 130 3133 Shipps Corner Road 23453 131 0056 St. Aidan's Episcopal Church 132 3201 Edinburgh Drive 23452 133 0057 St. Matthew Catholic Church 134 3314 Sandra Lane 23464 135 0058 Glenwood Elementary School 3 136 2213 Round Hill Drive 23464 137 0059 Shelton Park Elementary School 138 1700 Shelton Road 23455 139 0060 WAVE Church 140 2655 Seaboard Road 23456 141 0061 Ebenezer Baptist Church 142 965 Baker Road 23455 143 0062 Restoration Church at Landstown 144 3220 Monet Drive 23453 145 0063 Ocean Lakes High School 146 885 Schumann Drive 23454 147 0064 Rosemont Forest Elementary School 148 1716 Grey Friars Chase 23456 149 0065 Colonial Baptist Church 150 2221 Centerville Turnpike 23464 151 0066 Princess Anne Recreation Center 152 1400 Nimmo Parkway 23456 153 0067 Eastern Shore Chapel 154 2020 Laskin Road 23454 155 0068 Providence Elementary School 156 4968 Providence Road 23464 157 0069 Unity Church of Tidewater 158 5580 Shell Road 23455 159 0070 Corporate Landing Middle School 160 1597 Corporate Landing Parkway 23454 161 0071 Salem High School 162 1993 Sun Devil Drive 23464 163 0072 W. T. Cooke Elementary School 164 1501 Mediterranean Avenue 23451 165 0073 Green Run High School 166 1700 Dahlia Drive 23453 167 0074 Rosemont Elementary School 168 1257 Rosemont Rd. 23453 169 0075 Lynnhaven Colony Congregational Church 170 2217 W. Great Neck Road 23451 171 0076 Thalia Lynn Baptist Church 172 4392 Virginia Beach Boulevard 23462 173 0077 Plaza Annex 174 641 Carriage Hill Rd 23452 175 0078 Indian Lakes Elementary School 176 1240 Homestead Drive 23464 177 0079 Emmanuel Episcopal Church 178 5181 Singleton Way 23462 179 0080 Kingdom Cathedral 180 3820 Stoneshore Road 23452 4 181 0081 Salem Elementary School 182 3961 Salem Lakes Boulevard 23456 183 0082 Christopher Farms Elementary School 184 2828 Pleasant Acres Drive 23453 185 0083 Strawbridge Elementary School 186 2553 Strawbridge Road 23456 187 0084 Tallwood Elementary School 188 2025 Kempsville Road 23464 189 0085 Three Oaks Elementary School 190 2201 Elson Green Avenue 23456 191 0086 Haygood United Methodist Church 192 4713 Haygood Road 23455 193 0087 New Castle Elementary School 194 4136 Dam Neck Road 23456 195 0088 Hope Haven 196 3000 North Landing Road 23456 197 0089 New Covenant Presbyterian Church 198 1552 Kempsville Road 23464 199 0090 Morning Star Baptist Church 200 4780 First Court Road 23455 201 0091 Larkspur Middle School 202 4696 Princess Anne Road 23462 203 0092 Lynnhaven United Methodist Church 204 1033 Little Neck Road 23452 205 0093 Ennnh Baptist GhUrnh Family Life GenteF 206 207 Good Samaritan Episcopal Church 208 848 Baker Road 209 0094 Plaza Middle School 210 3080 S. Lynnhaven Road 23452 211 0095 Corporate Landing Elementary School 212 1590 Corporate Landing Parkway 23454 213 0096 Freedom Fellowship 214 836 Regency Drive 23454 215 0097 San Lorenzo Spiritual Center 216 4556 Indian River Rd. 23456 217 0098 Windsor Oaks Elementary School 218 3800 Van Buren Drive 23452 219 0099 Parkway Elementary School 220 4180 O'Hare Drive 23456 221 0100 Tabernacle United Methodist Church 222 1265 Sandbridge Rd. 23456 223 0101 Luxford Elementary School 224 4808 Haygood Road 23455 225 0102 Diamond Springs Elementary School 5 226 5225 Learning Circle 23462 227 0103 Kempsville Meadows Elementary School 228 736 Edwin Drive 23462 229 0104 Woodstock Elementary School 230 6016 Providence Road 23464 231 0105 Pembroke Meadows Elementary School 232 820 Cathedral Drive 23455 233 0106 Thalia United Methodist Church 234 4321 Virginia Beach Boulevard 23452 235 0107 Linkhorn Park Elementary School 236 977 First Colonial Road 23454 237 0108 The Gala 417 238 2105 W. Great Neck Road 23451 239 Central Absentee Voter Agriculture/Voter Registrar Building 240 Precinct 241 242 NetwithstandiRg the preGediRg, for the june 2024 primary and November 243 244 MURiGipal GenteF, whiGh has a stFeet address Gf 2473 North Landing Read. The Building 245 246 to the publiG d6lFiRg the GUsternary hours required for aR G#iGe of the voter registrar eR t4e 247 date of eleGtien. 248 249 In the event of a name change to any of the above polling locations, the street 250 address shall be sufficient identification of such facility until such time as there is need to 251 amend this section to effect a geographical change to one of the polling locations. 252 253 2. The Director of Elections (Voter Registrar) is hereby directed to seek a certification 254 of no objection from the Office of the Attorney General using the preclearance 255 procedure provided by Virginia Code § 24.2-129(D) for the precinct change 256 authorized herein. The precinct change shall not be administered unless and until 257 the Attorney General has provided such certification or if 60 days lapses without 258 the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2025. APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fJ / oter Registrar i y Att rney's Office CA16933 R-1 July 29, 2025 6 Q Enoch Baptist Church Enoch Chri ran P Academy n Good san,a'rsan O\ Episcopal Church unteers of America Milk s z , tge United ist Church O New Bethel Cathedral Worship Q iemmanly closed 0 7-Eleven w Cameni ce more dFS V min # 8 Within precinct boundaries Bus Stop .1 miles Good Samaritan Episcopal Church-new location Enoch Baptist Church Family Life Center(Enoch Christian Academy)-previous location I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST Oceanfront Retailers voluntarily remove indecent and/or vulgar t-shirts from storefronts (Requested by City Council) 2. Resolution to MOVE the November 11, 2025, Regular Meeting of City Council to November 25, 2025 3. Ordinance to DECLARE City owned property at 302 22nd Street to be in the EXCESS of the City's needs and AUTHORIZED the City Manager to enter into a Purchase Agreement for the sale of the property to 215Y Street Properties, LLC re the development of the property into a multi-use development project (DEFERRED FROM JULY 8, 2025) 4. Ordinance to AMEND City Code Section 2-385 re application fee for annual short term rental permits 5. Ordinance to AMEND City Code Sections 12-41, 12-43, 12-43.1 and 12-49.1 re Fire Prevention Code 6. Ordinance to AMEND City Code Section 21-230 re traffic calming 7. Ordinance re the Compensation of the City Manager effective July 1, 2025 (Requested by City Council) 8. Ordinance re the Compensation of the City Attorney effective July 1, 2025 (Requested by City Council) 9. Ordinance re the Compensation of the City Clerk effective July 1, 2025 (Requested by City Council) 10. Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2025 (Requested by City Council) 11. Ordinance re the Compensation of the City Auditor effective July 1, 2025 (Requested by City Council) 12. Resolution to APPOINT Rebecca Pazanski to the position of Deputy City Clerk II, effective August 7, 2025 13. Ordinance to EXTEND the date for satisfying the conditions in the matter of William F. Daddio and Jean A. Gentry re closure of one-half of an unnamed, unimproved alley adjacent to the rear of 817 Vanderbilt Avenue in Croatan 14. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Bradford and into the 100' City-owned strip of land surrounding Lake Bradford at the rear of 4973 Athens Boulevard re construct and maintain a proposed pier walkway and kayak launch, covered dock, landscaping, and rip rap with twelve (12) granite boulders and coir log DISTRICT 9 15. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Island Lake West at the rear of 2417 Broad Bay Road re construct and maintain a vinyl bulkhead, two (2) wood piers, wood wharf with four (4) piles and a boat lift DISTRICT 8 16. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of way known as Haygood Point Road at the front of 4804 Haygood Point Road re construct and maintain a paved pad to the front door DISTRICT 9 17. Ordinance to ACCEPT and APPROPRIATE $150,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re equipment to improve 9-1-1 call processing 18. Ordinance to ACCEPT and APPROPRIATE $75,000 from the Virginia Department of Emergency Management to the FY 2025-26 Emergency Management Operating Budget re purchase of two (2) mobile security camera trailers 19. Ordinance to ACCEPT and APPROPRIATE $14,884 from the Virginia Department of Criminal Justice Services (DCJS) to the Virginia Beach Sheriff's Office Grant Consolidated Fund re support wellness and resiliency initiatives for the Sheriff's Office personnel 20. Ordinance to ACCEPT and APPROPRIATE $12,121 from the Virginia Department of Criminal Services (DCJS) to the FY 2025-26 Commonwealth's Attorney Operating Budget re Victim Witness grant a° yh y�jssff CITY OF V`IiR�GGI,NIA BEACH AGENDA ITEM ITEM: A Resolution Requesting Oceanfront Retailers Voluntarily Remove Indecent and/or Vulgar T-Shirts and Displays from Storefronts MEETING DATE: August 12, 2025 ■ Background: The City of Virginia Beach markets itself as a family-friendly vacation destination that is welcoming to persons of all ages. The City also encourages resident families, many of which have young children, to visit the Resort Area. Along Atlantic Avenue, there has been a proliferation of indecent and/or vulgar t-shirts and displays in storefront displays. The proliferation of such displays creates an unwelcoming environment for the very families to whom the City markets itself and the City's residents. Because the standard for criminal enforcement — obscenity — is a difficult standard to reach, the City Council desires voluntary action by retailers. ■ Considerations: The attached resolution requests Oceanfront retailers, along Atlantic Avenue and elsewhere, to voluntarily remove indecent and/or vulgar t-shirts and displays from storefronts. The resolution also directs the City Clerk to send a copy of the resolution to the Atlantic Avenue Association and the Resort Advisory Commission. The resolution strongly encourages the Atlantic Avenue Association and the Resort Advisory Commission to take a public position supporting the family-friendly environment at the Resort and to inspire Oceanfront retailers to act in accordance with such environment. ■ Public Information: Regular agenda process. ■ Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION REQUESTING OCEANFRONT 2 RETAILERS VOLUNTARILY REMOVE INDECENT AND/OR 3 VULGAR T-SHIRTS AND DISPLAYS FROM 4 STOREFRONTS 5 6 WHEREAS, the City of Virginia Beach markets itself as a family-friendly vacation 7 destination that is welcoming to persons of all ages; 8 9 WHEREAS, the City also encourages resident families, many of which have young 10 children, to visit the Resort Area; 11 12 WHEREAS, along Atlantic Avenue, there has been a proliferation of indecent 13 and/or vulgar t-shirts and displays in storefront displays; 14 15 WHEREAS, the proliferation of such displays creates an unwelcoming 16 environment for the very families to whom the City markets itself and the City's residents; 17 and 18 19 WHEREAS, the standard for criminal enforcement — obscenity — is a difficult 20 standard to reach, so the City Council desires voluntary action by retailers; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Council hereby requests that Oceanfront retailers, along Atlantic Avenue 26 and elsewhere, voluntarily remove indecent and/or vulgar t-shirts and displays from 27 storefronts. 28 29 BE IT FURTHER RESOLVED, THAT: 30 31 The City Clerk is hereby directed to send a copy of this Resolution to the Atlantic 32 Avenue Association and the Resort Advisory Commission. The City Council strongly 33 encourages the Atlantic Avenue Association and the Resort Advisory Commission to take 34 a public position supporting the family-friendly environment at the Resort and to inspire 35 Oceanfront retailers to act in accordance with such environment. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 12025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16926/R-2/August 6, 2025 Wu eF'a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the November 11, 2025, Regular Meeting of the City Council to November 25, 2025 MEETING DATE: August 12, 2025 ■ Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. The City Code provides the regular formal meetings of the City Council in the Month of November are to be November 11 and November 18. November 11, 2025, is a holiday and absent action by the City Council would be rescheduled by operation of law to the following business day. November 12, 2025, is a Planning Commission day, and therefore, the City Council Chamber is booked for a substantial portion of the day. Additionally, moving the formal meeting from November 11 to November 25 retains the customary Tuesday meeting schedule. ■ Considerations: State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. ■ Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers, and a public notice will be provided in the Virginian-Pilot. ■ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: City Clerk City Manager: (W 1 A RESOLUTION MOVING THE NOVEMBER 11, 2025, 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 25, 2025 4 5 WHEREAS, the City Code provides the regular formal meetings of the City Council 6 in the Month of November are to be November 11 and November 18; 7 8 WHEREAS, state law provides that a regular meeting of the City Council may be 9 scheduled for a day other than the usual day upon adoption of a resolution; 10 11 WHEREAS, November 11, 2025, is a holiday and absent action by the City Council 12 would be rescheduled by operation of law to the following business day 13 14 WHEREAS, November 12, 2025 is a Planning Commission day; and 15 16 WHEREAS, the City Council desires to maintain its Tuesday meeting schedule, 17 and therefore proposes the meeting from November 11, 2025 be moved to November 25, 18 2025. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, THAT: 22 23 1. The regular City Council meeting scheduled for November 11, 2025 is hereby 24 rescheduled for November 25, 2025. 25 2. The time and location for the City Council Formal Session shall remain at 6 p.m, 26 and City Council Chamber. 27 3. The City Clerk shall post a copy of this resolution on the door of the City Council 28 Chamber from the date of adoption until 6 p.m. on November 25, 2025 and provide 29 a notice as required by law. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 12025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Clerk is the City Attorney CA16937 R-1 July 30, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located at 302 22nd Street to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into a Purchase Agreement for the Sale of the Property to 21St Street Properties, LLC PUBLIC HEARING: July 1, 2025 MEETING DATE: August 12, 2025 (Deferred on July 8, 2025) ■ Background: The City of Virginia Beach (the "City") owns property located at 302 22nd Street (GPIN: 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 4,247 sq. ft. building (the "Property"). The Property is currently used by the City for storage and was formerly used as the Princess Anne County Library from 1959-1978 (the "Library"). Seeking possible reuses of the Library or the Property, the City issued RFP #ED-24-01 on January 22, 2024. After evaluating all responsive proposals, staff recommended that 21St Street Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a Virginia corporation; and Lilly II, L.L.C., a Virginia limited liability company (collectively, the "Developer") acquire the Property for redevelopment. The Developer has proposed a plan for the development of the Property into a multi-use development project consisting of multi-family residential, retail, restaurant and structured parking (the "Project"). The City has identified approximately 4,372 sq. ft. of the Developer's property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP-100673) (the "Road Project"). As part of the sale of the Property to the Developer, the Developer has agreed to sell the property needed for the Road Project to the City. The terms and conditions of the sale of the Property are set forth in the Term Sheet attached to the Ordinance as Exhibit A. ■ Considerations: Due to its deteriorated condition, the parties determined that preserving the Library was impractical. However, Developer has agreed to install a plaque on the exterior of the Project describing the Library and its historic significance to Virginia Beach. The City shall be responsible for any soil remediation on the Property due to potential underground storage tanks located on the Property, and the Developer shall be responsible for any building remediation (such as asbestos) to the Library and its demolition. The Library shall not be demolished until the Project has commenced construction and the City shall retain approval rights of the proposed development. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on June 22, 2025, and was held on July 1, 2025. Public information will also be provided through the normal City Council agenda process. On July 8, 2025, City Council deferred this item to August 12, 2025. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Legal Description (Exhibit B), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1141112 I AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED AT 302 22ND STREET TO BE IN EXCESS OF 3 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO A PURCHASE AGREEMENT 5 FOR THE SALE OF THE PROPERTY TO 21ST STREET 6 PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 302 9 22"d Street (GPIN: 2427-18-0657) consisting of approximately 7,000 sq. ft. of land with a 10 4,247 sq. ft. building (the "Property"); 11 12 WHEREAS, to identify a private party to redevelop the Property, the City issued 13 RFP #ED-24-01 and, after evaluating all responses, determined that 21 st Street 14 Properties, LLC, a Virginia limited liability company; Lilly Incorporated of Virginia, a 15 Virginia corporation; and Lilly II, L.L.C., a Virginia limited liability company (collectively, 16 the "Developer") presented the best plan for a reuse of the Property; 17 18 WHEREAS, Developer proposes a plan for the development of a multi-use 19 development project consisting of multi-family residential, retail, restaurant and 20 structured parking (the "Project"); 21 22 WHEREAS, the City has identified approximately 4,372 sq. ft. of the Developer's 23 property as necessary for the City's Pacific Avenue Turn Lane capital project (CIP- 24 100673) (the "Road Project"); 25 26 WHEREAS, as part of the sale of the Property to the Developer, the Developer 27 has agreed to sell the property needed for the Road Project to the City; and 28 29 WHEREAS, the terms and conditions of the of the sale of the Property are set 30 forth in the Term Sheet attached hereto as Exhibit A. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA, 34 35 1. That the Property, consisting of approximately 7,000 sq. ft. (0.17+/- acres), 36 more particularly described on Exhibit B attached hereto and incorporated herein, is 37 hereby declared to be in excess of the needs of the City of Virginia Beach. 38 39 2. That the City Manager, or his designee, is hereby authorized to execute 40 any and all documents necessary for the sale of the Property as contemplated herein, 41 so long as the documents are substantially in accordance with the terms set forth on the 42 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 43 other terms, conditions or modifications as may be acceptable to the City Manager and 44 in a form deemed satisfactory by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE.FOURTHS OFALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Econ0rh1c Development CAI 6733 NWgov.=nWfs11app9catDA$%OiyWV/,Cy prn37wpdo% f4181p0511010554B9.6= R-1 6/20/2025 2 6/13/25 EXHIBIT A TERM SHEET 302 2211 Street The City of Virginia Beach(the"City") issued its RFP#ED-24-01 for the sale and adaptive reuse of real property owned by the City at 302 22°d Street(the "City Parcel"). The City received responses from a development team consisting of 21St Street Properties, LLC,Lilly Inc. and Lilly II LLC (each a"Developer Party", and collectively, the "Developer"). The Developer,via the various Developer Parties, owns or controls the parcels to the east, west and south of 302 22"d Street (the "Developer Parcels"). As set forth below, the Developer proposes the development of a mixed-use development project on the Developer Parcels and the City Parcel, consisting of multifamily residential condominium, retail, restaurant, and structured parking (the "Project"). To accomplish the Project, Developer offered to purchase the City Parcel on the terms and conditions set forth below. 1. Properties (NOTE:All final square footage calculations are subject to a final survey.) a. City Parcel: 0.16+/- acre / 7,000 square feet located at 302 22°d Street, Virginia Beach,VA (GPIN: 2427-18-0657). The City Parcel contains an approximately 4,247 square foot building built in 1927 previously used by the City as a branch of its public library system (the "Library Building"). b. Developer Parcels: 2108 Pacific Avenue, 2106 Pacific Avenue, 304, 306 & 308 22"d Street, 305, & 307 215t Street, and 15' x 180.47' private right-of-way. The City has identified approximately 2,197 square feet of 2108 Pacific Avenue, 1,947 square feet of 2106 Pacific Avenue, and 228 square feet of the private right- of-way as necessary for the City's Pacific Avenue Turn Lane capital project CIP- 10067e "Road Project"), for the construction of anew turn lane along Pacific Ave (the parcels collectively,the"RPP"). As a part of the sale of the City Parcel to Developer,the Developer will sell the RPP to the City as described below. The Developer Parcels, the City Parcel, and the RPP are all shown on Exhibit A, attached hereto. 2. Proiect Description:The Project will be constructed on the Developer Parcels and the City Parcel. The Developer intends to construct a mixed-use development project generally as described below.The Project will involve the demolition of the existing buildings on the Developer 1 6/13/25 Parcels and the demolition of the Library Building on the City Parcel.The following elements will constitute the Project,with all numbers approximated and subject to refinement: a. 8-story residential tower consisting of 131 multifamily condominium units. b. 4,340 square feet of restaurant and 4,000 square feet of retail on the first floor of the Project. c. 4-story parking structure with 258 spaces. The restaurant, retail and residential will largely wrap the parking. d. All elements of the Project will be privately-owned and operated. The anticipated private investment in the Project is between $96-$100 million. 3. Terms of Sale of City Parcel: The parties will enter into a sales agreement(the"Sales Agreement") whereby the City will sell the City Parcel to the Developer(or an affiliate) and the Developer will sell the RPP to the City on the below terms: a. The parties agree that the City Property is valued at$75.00 per square foot and the RPP is valued at $105.00 per square foot. (Estimate 7,000 sf x$75.00=$525,000) b. The Parties intend to exchange the City Property for the RPP with consideration being paid based on the difference in value (if any)based on final square footages exchanged (taking into account the different valuations), plus the value of any easements required by the City on the Developer Parcels necessary for the completion of the Road Project, with such value calculated as a percentage of the $105.00 per square foot fee value as agreed, subject to final survey and plat development. (Estimate 4,372 sf x $105.000=$459,060) c. nvironmental Conditions. If prior to Closing(defined below)any environmental issues are discovered on either the City Property or the RPP, the City (in the case of the City Property), or the applicable Developer Party (in the case of the RPP) may elect to remediate the issue, or terminate the Purchase Agreement. Notwithstanding the foregoing, (i) the City shall be responsible for the cost associated with the removal of potential underground storage tank(s)located on the City Property, and (ii) Developer shall be responsible for the cost of any building remediation (such as asbestos) associated with the demolition of the Library Building. 2 6/13/25 d. The closing shall occur as follows: If the City Conditions and Developer Conditions as set forth in Section (g) below have been satisfied or waived within 12 months of the date of the Sales Agreement, the parties shall exchange the City Property for the RPP with a cash payment from the Developer to the City to offset the difference in value of property received by the City (the "Closing") (Estimate $65,940). The Closing will involve three separate transactions,to occur simultaneously,between the City and the applicable Developer Party holding title to the RPP being acquired by the City. e. After execution of the Sales Agreement and prior to Closing, each party shall have the right to enter onto the property it is to acquire from the other party to perform such tests, examinations and other due diligence as such party deems necessary. In the event Closing does not occur and the Sates Agreement is terminated, any damage caused by one party to the ,property of another caused by the actions contemplated by this section shall be repaired by the party who caused the damage. f. Prior to Closing, the City agrees to join as landowner any applications necessary to allow the Developer to achieve site plan approval or discretionary approvals from Planning Commission and City Council, if needed. g. Conditions to Closing City Conditions: The City shall not be required to proceed to Closing unless the following are satisfied or waived by the City: i. City has approved the Project as generally consistent with what is set forth above; and ii. "Developer has obtained conditional site plan approval from the City's Development Services Center for the Project; and iii. The Developer has provided the City with reasonable evidence of Developer's receipt of financing sufficient to complete the Project. Developer Conditions: The Developer shall not be required to proceed to Closing unless the following are satisfied or waived by Developer. i. Developer has determined the City Parcel is suitable for the development of the Project; and 3 6/13/25 ii. The Developer has obtained closure of the alley running East and West from Pacific Ave. to Arctic Ave. h. Outside Closing Date. If the Closing has not occurred within 12 months of the date of the Sales Agreement, either party may (i) elect to proceed with terminate the agreement on 60 days' notice to the other. i. Construction Commencement. After the Closing, Developer shall commence construction of the Project within 12 months. Construction shall be deemed to have commenced when construction activity has begun at the Project,pursuant to valid permits. j. Preservation of Library Building. After Closing, Developer shall not begin the removal, substantial alteration, or demolition of the Library Building unless and until it is ready to commence construction of, the Project (the "Demolition Condition"). All demolition costs shall be the responsibility of the Developer. Developer will not be required to,-repair or replace any elements of the Library Building,but will be responsible for preventing waste and for securing the structure '4 to prevent unauthorized access to the Library Building. The parties agree that while the Library Building will not be preserved,the Developer will place a plaque in a visible portion of the Project dedicated'tothe Library Building and its historic significance in Virginia Beach. k. Interim uses. Prior to Clog, the parties may continue to use their respective properties (the City Parcel and the RPP) as they deem appropriate so long as such use does not cause waste or serve to frustrate the purposes set forth in this Term Sheet. 1. Material change in scope. Should, after Closing, the elements of the Project materially change downward (meaning should any element of the Project be reduced by more than 15%), the City shall have the right to approve the elements and scope of the revised Project prior to commencement of demolition of the Library Building. 4. Next Steps a. Public Briefing of Term Sheet. b. Public Hearing and Public Comment on proposed sale. c. City Council vote on Term Sheet and authorize development and execution of sale documents. 4 6/|3/25 EXHIBIT B LEGAL DESCRIPTION (302 22ND STREET/GPIN: 2427-18-0657) ALL THAT certain lot, piece or parcel of land, with the buildings and improvement thereon, and (lie rights, privileges and appurtenances thereto belonging, situate, lying and being in the Borough of Virginia Beach, in the City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot number Four (4), in Block number Fifty (50), on Map No. Two (2), of part of the property of the Virginia Beach Development Company, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Bach,Virginia, in Map Book 1, at page 20, to which plat reference is made for a more particular description. LOCATION MAP q 4 e0 N a S, fPa�tFic Avg � Turn fang 372 sq.it.) N PeeCtPpop rtyl4� pACI�tC ACE Prot •- T 3 r 0 Parce Go C V N t� c n % N yw � r-� e ter•- * �� "� � e Z t . fr w Pop' Disclosure Statement uy of r rwnw 1, r ` Planning & Community` De-veto ment The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name 21 st Street Properties, LLC Does the applicant have a representative? M Yes ❑ No • If yes,list the name of the representative. Charlie Pincus Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Tony Schmidt • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity' relationship with the applicant (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. Revised 1109 2020 1 1 P a €i e H Disclosure Statement lin Planning & com gn Developmen Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO • If yes,identify the firm and individual providing the service. Cox, Kliewer, & Company Grey Mason 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identity the purchaser and purchaser's service providers. ?rvrsrtl 11 05)020 2 1 P a r Disclosure Statement Planning & COMMU llerr �utint. ,' _ 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ! Yes ❑ NO • If yes,identify the company and individual providing the service. S.B. Ballard 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • if yes,identify the firm and individual providing the service Pincus Goodman P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Appli in e Tony Schmidt Print Name and Title Tony Schmidt.. President/Owner Date JlA do.:e Is the applicant also the owner of the subject property? ❑ Yes ® NO • if yes,you do not need to fill out the owner disclosure statement. •• CITY USE ONLY/ updated 1-that pertains to the applications No changes as of Date signature Print Name r3Pvf�Pd 11 09 2020 3 1 1' z r e i Y The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Lilly Incorporated of Virginia, Inc.and Lilly, 11, LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Morris H.Fine Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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,(III a controlling owner in one entity is also a controlling owner in the other entity,or(III)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 13.09.2020 1 1 P a g e Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes K No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes M No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 12.09.2020 2 1 P a g e 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes M NO • tf yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • if yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H.Fine of Fine,Fine,Legum McCracken,LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body o7com a `connectInith this application. Ap a alure Michael laGiglia,Jr. Print Name and Title President and Manager Date 3 Is the applicant also the owner of the subject property? ❑Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. f OR CITY USE ONLY/ updated applicationsthat pertains to the No cha es as of Date Signature � ( I Print Name Revised 11.09.2020 3 P a g e LILLY INCORPORATED OF VIRGINIA, INC. Officers/Directors Michael A. LaGiglia,Jr. President Mary L. Bryan Secretary/Treasurer Michael A. LaGiglia, III Vice President Stockholders: Michael A. LaGiglia,Jr. Robert E. Upton, I11, Trustee Paula L. Upton Estate of Camilla Worrell-Metzger LILLY, I1, LLC Michael A. LaGiglia, Jr., Sole Member and Manager A 1 >> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND CITY CODE SECTION 2-385 PERTAINING TO THE APPLICATION FEE FOR ANNUAL SHORT TERM RENTAL PERMITS MEETING DATE: August 12, 2025 ■ Background: On May 11, 2021, City Council approved an amendment to City Code Section 2- 385 establishing a $200 yearly permit fee for the operation of a short term rental. This fee is administered by the Planning Department and is independent of any fees or taxes collected by the Commissioner of Revenue's office. On May 13, 2025, the yearly permit fee was increased from $200 to $500 with the adoption of the FY2025-26 budget. This permit fee is submitted to the Zoning Office annually as part of the STR registration process. Staff must review and verify that a property meets all the requirements to operate a short term rental specified in Section 241 .2 of the Zoning Ordinance. If a property cannot meet these requirements, a permit cannot be issued, in which case the permit fee is returned in full to the applicant. This amendment adds an additional fee to the STR annual permitting process. A $200 application fee will be required in addition to the yearly permit fee. This fee will be assessed regardless of whether a permit is approved. Additionally, this proposed ordinance increases the yearly permit fee from $200 to $500. If an annual permit is approved, the application fee will be deducted from the cost of the permit fee so that the total cost to the applicant will be $500. ■ Considerations: The current permit fee for a short term rental is only assessed if the annual permit is approved. This proposed application fee of $200 will be assessed with each application regardless of the issuance of a permit. This fee considers the significant time and resources necessary for staff to process each annual permit application. This amendment also increases the annual permit fee from $200 to $500. This increase is consistent with similar fees in other localities and the expectations of the short term rental operators. The increased fee will provide the expenses necessary to appropriately staff and operate the short term rental program. ■ Recommendation: Staff recommends approval of the ordinance as presented. City of Virginia Beach Page 2 of 2 ■ Attachments: Ordinance Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-385 PERTAINING TO THE APPLICATION FEE FOR 3 ANNUAL. SHORT TERM RENTAL PERMITS 4 5 SECTION AMENDED: § 2-385 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-385 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-385. Duties and powers of zoning administrator. 14 15 (a) The zoning administrator and his designated deputies and assistants shall be 16 responsible for the enforcement of all zoning ordinances of the city. Police powers are 17 hereby conferred upon the zoning administrator and his designated deputies and 18 assistants while engaged in performing their duties, and they shall exercise all powers 19 and authority of police officers in performing such duties. 20 21 (b) The zoning administrator and his designated deputies and assistants shall also be 22 responsible for the enforcement of short term rental regulations and permitting in the city. 23 All short term rental uses whether permitted, conditional, grandfathered or managed by 24 real estate companies shall obtain a yearly zoning permit from the zoning division of the 25 planning department to operate in the city with a permit fee that includes a ef-non- 26 refundable application fee of $200 to be applied to the total permit fee amount of five 27 hundred dollars ($500). The zoning division shall confirm that prior to the issuance of the 28 yearly short terrn rental zoning permit that the property is in full compliance with the short 29 term rental regulations in the city zoning ordinance. The zoning administrator, after notice 30 to the owner of the short term rental, may bring the short term rental to city council for 31 revocation of its grandfathered status or conditional use permit, which process will be 32 governed by section 241.2(15) of the city zoning ordinance. 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: Qil �li�_f�L-L G try -- Planning Department City Attorney's Office 0 CA16809 R-4 August 6, 2025 IA B� 1C1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 12-41, 12-43, 12-43.1, and 12-49.1 of the City Code Pertaining to the Fire Prevention Code MEETING DATE: August 12, 2025 ■ Background: The Fire Department is requesting additional regulations regarding fire protection and safety that are more restrictive and extensive in scope than what is provided for in the Virginia Statewide Fire Prevention Code. These regulations will assist the Fire Marshal's Office in promoting fire safety within the City. ■ Considerations: Virginia Code § 27-97 authorizes local governments to "adopt fire prevention regulations that are more restrictive or more extensive in scope than the Fire Prevention Code provided such regulations do not affect the manner of construction, or materials to be used in the erection, alteration, repair, or use of a building or structure, including the voluntary installation of smoke alarms and regulation and inspections thereof in commercial buildings where such smoke alarms are not required under the provisions of the Code." Additionally, the Virginia Statewide Fire Prevention Code is updated every three years, so there are provisions within City Code that should be updated to be more in line with the most recent edition of the Virginia Statewide Fire Prevention Code. The Fire Department met with various representatives from Planning and Community Development and Public Utilities to share the proposed amendments and to field and address any questions or concerns. ■ 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: Fire Department City Manager: r 1 AN ORDINANCE TO AMEND SECTIONS 12- 2 41, 12-43, 12-43.1, AND 12-49.1 OF THE CITY 3 CODE PERTAINING TO THE FIRE 4 PREVENTION CODE 5 6 SECTIONS AMENDED: §§ 12-41, 12-43, 12- 7 43.1, AND 12-49.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 12-41 of the Code of the City of Virginia Beach, Virginia, is amended 13 and reordained to read as follows: 14 15 ARTICLE III. FIRE PREVENTION CODE 16 17 Sec. 12-41. Adopted. 18 19 Pursuant to the provisions of Code of Virginia, Chapter 9, Title 27, the fire 20 department is designated and authorized to enforce that certain code known as the 21 Virginia Statewide Fire Prevention Code, to include Appendix B and Appendix D, as 22 promulgated by the Board of Housing and Community Development of the 23 Commonwealth of Virginia, save and except such portions as may be modified or 24 amended in this article, of which code a copy has been and is now filed in the office of 25 the city clerk, and the same is hereby adopted and incorporated as fully as if set out at 26 length herein and the provisions thereof shall be controlling within the limits of the city. 27 28 . . . . 29 30 Sec. 12-43. Amendments. 31 32 (a) As authorized by Code of Virginia, § 27-97, the following provisions are enacted 33 and made more restrictive than the 2009 current Virginia Statewide Fire 34 Prevention Code: 35 36 (1) Overcrowding. It shall be a Class I misdemeanor for any person to permit 37 (i) overcrowding; (ii) the obstruction of aisles, passageways or other means 38 of egress, including obstruction caused by people standing in aisles, 39 passageway or other means of egress; or (iii) admittance of any person 40 beyond the approved occupant load. In addition thereto, the code official, 41 upon finding overcrowded conditions or obstruction in aisles, passageways 42 or other means of egress, or upon finding any condition which constitutes a 43 hazard to life and safety, shall cause the occupancy, performance, 44 presentation, spectacle or entertainment to be stopped until such a 45 condition or obstruction is corrected. The structure may be evacuated or the 46 addition of any further occupants prohibited until the approved occupant 47 load is reestablished or the obstruction has been removed. 48 49 (2) Operator responsibility. The operator or the person responsible for the 50 operation of an assembly or educational occupancy shall check egress 51 facilities before such building is occupied to determine compliance with this 52 section. If such inspection reveals that any element of the required means 53 of egress cannot be accessed, is obstructed, locked, fastened or otherwise 54 unsuited for immediate utilization, admittance to the building shall not be 55 permitted until necessary corrective action has been completed. 56 57 (3) Failure to obtain a permit. When the Fire code official finds that work in any 58 structure or premise is being performed without an Operational Fire Code 59 Permit, contrary to the provisions of the Statewide Fire Prevention Code or 60 following the revocation of an Operational Code Permit or is in violation of 61 any pertinent laws or ordinances, or in a manner endangering the public an 62 order may be issued by the Fire code official to stop such work operation 63 processes, or occupancy immediately. This order must be in writing. It shall 64 be given to the owner, occupant, the owner's agent, or to the person doing 65 the work, operation, or process. It shall state the conditions under which 66 work, operation, processes, or occupancy shall be continued after issuance. 67 68 (4) Burning of rubbish and yard waste. The burning of rubbish, yard waste 69 leaves and wire insulation is prohibited. 70 71 (5) Fire Alarm Response. Where a fire alarm system is provided the owner, 72 duly authorized agent, or the occupant or other person responsible must 73 respond immediately to assist the fire department in the investigation of all 74 alarms received from that occupancy when requested by the fire 75 department. 76 77 (6) Where required. Where access to or within a structure or area is restricted 78 because of secured openings or where immediate access is necessary 79 lifesaving or fire-fighting purposes, or the commercial structure has a fire 80 alarm or fire suppression system, the fire code official is authorized to 81 require a key box to be installed in an approved location. The key box shall 82 be of an approved type listed in accordance with UL 1037 and shall contain 83 keys to gain necessary access as required by the fire code official. 84 85 (7) Private Fire Hydrants, Fire Department Connections, Identification. Private 86 fire hydrants and Fire Department Connections shall be painted and 87 identified as required by the fire code official. 88 89 (8) Equipment and wiring. Electrical equipment wiring devices and 90 appliances shall be maintained in accordance with section 603 of the 91 Statewide Fire Prevention Code, all manufacturer's instructions and the 92 applicable standard from the most recent edition National Fire Protection 93 Association Standard 70. 94 95 (9) Copy of records. Records of all system inspections tests and maintenance 96 requirements required by the referenced standards shall be maintained. A 97 complete, legible copy of all fire protection system inspections tests and 98 maintenance records, that are required by referenced standards in the 99 Statewide Fire Prevention Code, shall be submitted by the inspecting 100 company to the fire code official via a method approved by the fire code 101 official within 10 days of completion. The responsible party shall notify the 102 fire code official immediately of any non-compliant system. It shall be 103 unlawful for any person to submit any fraudulent, falsified or inaccurate test 104 results. 105 106 10 Energy systems. Energy systems shall be approved by the fire code official 107 and shall conform to the most recent edition of the Statewide Fire 108 Prevention Code and National Fire Protection Association Standard 855 109 Standard for the Installation of Stationary Energy Storage Systems. Energy 110 systems refers to machinery or equipment used for generating or storing 111 energy. It shall not apply to equipment associated with the generation 112 control, transformation, transmission, or distribution of energy installations 113 that is under the exclusive control of an electric utility or lawfully designated 114 agency. 115 116 (11) Access and loading. Facilities, buildings, or portions of buildings hereafter 117 constructed shall be accessible to fire department apparatus by way of an 118 approved fire apparatus access road with asphalt, concrete, or other 119 approved driving surface capable of supporting the imposed load of fire 120 apparatus weighing up to 82,000 pounds, 121 122 (12) Dead end fire access roads. Dead end fire apparatus access roads in 123 excess of one hundred fifty (150) feet shall be provided with width and 124 turnaround provisions in accordance with Appendix D Table 103.4 of the 125 Virginia Statewide Fire Prevention Code or as approved by the fire 126 code official. 127 128 (13) Signs. Where required by the fire code official, the fire apparatus access 129 roads shall be marked in accordance with the Virginia Beach Fire Lane 130 Requirements document, which is available upon request and posted on 131 the city's website. 132 133 Sec. 12-43.1. Shipbuilding, repair and lay-up. 134 135 Shipbuilding, repair and lay-up facilities shall be in conformance with most recent 136 edition of National Fire Protection Association Pa^ t Standard 312 137 which is hereby adopted and incorporated herein., has be^ and is RE) 138 filed with the offing of the nit y nlor- - 139 140 . . . . 141 142 Sec. 12-49.1. Permits and inspections fees. 143 144 Fees for permits or inspections required by this article or the Virginia Statewide 145 Fire Prevention Code are hereby levied in accordance with the following schedule: 146 147 (1) Annual fire inspection fee $50.00 148 However, each business premise located within a structure shall be inspected 149 independently of other areas located in the structure. This fee shall not be levied 150 for the inspection of City or Virginia Beach City Public School facilities. 151 (2) Re-inspection fee for second re-inspection and every subsequent 152 inspection to demonstrate compliance with the Virginia Statewide Fire Prevention 153 Code 50.00 154 No fee shall be charged for any necessary first re-inspection. This fee shall not 155 be levied for the inspection of City or Virginia Beach City Public School facilities. 156 (3) Liquid- or gas-fueled vehicles or equipment in assembly buildings/Motor 157 vehicle display - permit fee per event site (other than dealership) 50.00 158 (4) Fire watch fee (valid for seven (7) days) - required no less than forty-eight 159 (48) hours or by the first business day after the failure of a fire protection system 160 25.00 161 An exception to this permit requirement may be granted by the fire marshal or his 162 designee for delays encountered in obtaining equipment required for repairs. 163 (5) Open burning/Bonfire - permit fee per event site 50.00 164 (6) Open flames and candles/Removing paint with torch - permit fee per site 165 50.00 166 (7) Open burning/Land clearing pit burn - permit fee per month per pit burner 167 50.00 168 (8) Assembly or education occupancies: 169 a. Annual permit fee for facilities with fifty (50) to ninety-nine (99) 170 persons 50.00 171 b. Annual permit fee for facilities with one hundred (100) to five 172 hundred (500) persons 100.00 173 c. Annual permit fee for facilities with five hundred (500) or more 174 persons 150.00 175 d. ABC inspection fee 50.00 176 e. Recalculation of occupancy load fee 50.00 177 (9) Aviation facilities/Airports, heliports and helistops - annual permit fee 178 100.00 179 (10) Floor finishing/Bowling establishments - annual permit fee for 180 refinishing/resurfacing with flammable liquids 100.00 181 (11) Fruit and crop ripening or coloring processes - annual permit fee 182 100.00 183 (12) Dry cleaning plant (flammable or non-flammable chemicals) - annual 184 permit fee 100.00 185 (13) Combustible dust-producing operations/Dust explosion hazard - annual 186 permit fee for any process creating dust explosion hazard 100.00 187 (14) Spraying or dipping/Application of flammable finishes - annual permit fee 188 for the use or handling of more than one (1) gallon per day 100.00 189 (15) Fumigation and thermal insecticidal fogging fee - per location 50.00 190 (16) HPM facilities/Hazardous production - annual permit fee for the use, 191 storage or handling of any hazardous production material 100.00 192 (17) Lumber yard/woodworking plant - annual permit fee for storage exceeding 193 one hundred thousand (100,000) board feet 100.00 194 (18) Organic coatings - annual permit fee for production of greater than one (1) 195 gallon per day 100.00 196 (19) Temporary membrane structures, tents and canopies - annual permit fee 197 for tents greater than nine hundred (900) square feet or air supported structures 198 50.00 199 (20) Waste handling/Wrecking yard, junk yard or waste material plant: 200 a. Annual permit fee 100.00 201 b. Annual permit fee for facilities with waste material greater than two 202 thousand five hundred one (2,501) cubic fee t100.00. 203 (21) Cutting and welding: 204 a. Annual permit fee for all welding 50.00 205 b. Annual permit fee for use of greater than two hundred (200) pounds 206 calcium carbide 100.00 207 C. Annual permit fee for use of greater than two thousand (2,000) feet 208 cubic flammable compressed gas 100.00 209 d. Annual permit fee for use of greater than five (5) pounds carbide in 210 acetylene generator 100.00 211 (22) Aerosol products - annual permit fee for storage or display of greater than 212 five hundred (500) pounds of level 2 or 3 aerosols 50.00 213 (23) Cellulose nitrate film: 214 a. Annual permit fee for storage twenty-six (26) or more pounds50.00 215 b. Annual permit fee for any manufacturer using cellulose nitrate 216 50.00 217 (24) Combustible fibers - annual permit fee for storage of greater than one 218 hundred (100) cubic feet 50.00 219 (25) Compressed gas storage: 220 a. Annual permit fee for storage greater than seven hundred fifty (750) 221 cubic feet of flammable gas 50.00 222 b. Annual permit fee for storage of amounts greater than six thousand 223 (6,000) cubic feet of non-flammable gas 50.00 224 C. Annual permit fee for storage of amounts greater than two hundred 225 (200) cubic feet of corrosive gas 50.00 226 d. Annual permit fee for storage of any amount of toxic or highly toxic 227 gas 50.00 228 (26) Hazardous materials/Corrosives (storage and handling): 229 a. Annual permit fee for use, storage or handling of amounts greater 230 than one thousand (1,000) pounds of solids 50.00 231 b. Annual permit fee for use, storage or handling of amounts greater 232 than fifty-five (55) gallons of liquids 50.00 233 (27) Cryogenic fluids: 234 a. Annual permit fee for production or sale of any amount 235 100.00 236 b. Annual permit fee for storage of greater than five hundred (500) 237 gallons of non-flammable, non-toxic cryogenic liquids 50.00 238 C. Annual permit fee for storage of greater than ten (10) gallons of 239 liquid oxygen 50.00 240 d. Annual permit fee for storage of greater than ten (10) gallons of 241 flammable cryogenic liquids 50.00 242 e. Annual permit fee for storage of greater than ten (10) gallons of 243 cryogenic oxidizer 50.00. 244 (28) Explosives/ammunition and blasting agents - annual permit fee for 245 storage, manufacturing, possession, sale or any other disposition of any amount 246 50.00 247 (29) Explosives/Fireworks/pyrotechnics: 248 a. Permit fee per display for outside aerial display 450.00 249 b. Permit fee for proximate audience 250.00 250 C. Permit fee for storage or sales 50.00 251 (30) Flammable and combustible liquids: 252 a. Annual permit fee for storage, use, handling or processing 50.00 253 b. Temporary AST permit fee 50.00 254 G. Sa�s+a+�or repair-afage �e +t ���a9 88 255 d.c. UST closure or temporary out of service permit fee 50.00 256 (31) Flammable solids - annual permit fee for storage of amounts greater than 257 one hundred (100) lbs. 50.00 258 (32) Highly toxic and toxic solids and liquids: 259 a. Annual permit fee for use, storage or handling of any amount of 260 highly toxic solids or liquids 50.00 261 b. Annual permit fee for use, storage or handling of amounts greater 262 than one hundred (100) pounds of toxic solids 50.00 263 C. Annual permit fee for use, storage or handling of amounts greater 264 than ten (10) gallons of toxic liquids 50.00 265 (33) LP-gas/Liquified petroleum gases - annual permit fee for storage and use 266 of LP-gas 50.00 267 (34) Hazardous materials/Organic peroxides: 268 a. Annual permit fee for use, storage or handling of any amount of 269 class I or II 50.00 270 b. Annual permit fee for use, storage or handling of amounts greater 271 than ten (10) pounds of class III solids and one (1) gallon of class III 272 liquids 50.00 273 (35) Hazardous materials/Liquid and solid oxidizers: 274 a. Annual permit fee for use, storage or handling of any amount of 275 class III or IV 50.00 276 b. Annual permit fee for use, storage or handling of amounts greater 277 than one hundred (100) pounds of class 11 solids or ten (10) gallons 278 of class II liquids 50.00 279 C. Annual permit fee for use, storage or handling of amounts greater 280 than five hundred (500) pounds of class I solids or fifty-five (55) 281 gallons of class I liquids 50.00 282 (36) Fumigation and thermal insecticidal fogging/Pesticides - annual permit fee 283 for use, storage, or handling of any amount subject to regulation under the 284 Statewide Fire Prevention Code 50.00 285 (37) Hazardous materials/Pyrophoric material - annual permit fee for use, 286 storage or handling of any amount 50.00 287 (38) Unstable liquid or solid (reactive) materials: 288 a. Annual permit fee for use, storage or handling of any amount of 289 class III or IV 50.00 290 b. Annual permit fee for use, storage or handling of amounts greater 291 than fifty (50) pounds of class II solids and five (5) gallons of class II 292 liquids 50.00 293 (39) Water reactive material: 294 a. Annual permit fee for use, storage or handling of any amount of 295 class III 50.00 296 b. Annual permit fee for use, storage or handling of amounts fifty (50) 297 pounds or greater of class II solids 50.00 298 C. Annual permit fee for use, storage or handling of amounts ten (10) 299 gallons or greater of class II liquids 50.00 300 (40) Carnivals and fairs — permit fee per event site 50.00 301 (41) Commercial cooking — operation of commercial cooking appliances in 302 occupancies other than assembly or dwelling — permit fee per event 50.00 303 (42) Covered and open mall buildings — annual permit fee for placement of 304 displays of highly combustible goods, liquid-fired or gas-fired equipment or use 305 of open-flame or flame-producing equipment in a mall 50.00 306 (43) Energy storage systems — annual permit fee for stationary and mobile 307 energy storage systems regulated by Statewide Fire Prevention Code Chapter 308 12 50.00 309 (44) Fire hydrants and valves — permit fee to use or operate fire hydrants or 310 valves intended for fire suppression purposes accessible to a fire apparatus 311 access road open to the public — per location 50.00 312 Exception: An operational is permit not required for persons having authorization 313 by the water company that supplies the system, the fire department or the 314 Department of Public Utilities on behalf of the City of Virginia Beach's Water and 315 Sewer Enterprise Fund, including city employees, city contractors and agents 316 persons using a hydrant as an approved water source through a city-issued fire 317 hydrant meter, and authorized vendors performing required inspections. 318 (45) High piled storage — annual permit fee for use of a building or portion 319 thereof as high piled storage area exceeding 500 square feet 50.00 320 (46) Hot work operations permit fee — per location 50.00 321 Hot work operations includes cutting welding Thermit welding brazing1 322 soldering, grinding, thermal spraying thawing pip installation of torch-applied 323 roof systems or any similar activity. 324 Exception: work that is conducted under a construction permit. 325 (47) Industrial additive manufacturing — annual permit fee to conduct additive 326 manufacturing operations regulated by Statewide Fire Prevention Code Chapter 327 3 50.00 328 (48) Industrial ovens — annual permit fee for operation of industrial ovens 329 regulated by Statewide Fire Prevention Code Chapter 30 50.00 330 (49) Liquid-fueled or gas-fueled vehicles in assembly buildings permit required 331 to display, operate, or demonstrate — permit fee per event site 50.00 332 (50) Magnesium - annual permit fee to melt, cast, heat, treat or grind more 333 than ten (10) pounds of magnesium 334 (51) Miscellaneous combustible storage— annual permit fee to store in any 335 building or upon any premises in excess of 2,500 cubic feet gross volume 336 50.00 337 (52) Mobile food preparation vehicles — annual permit fee for mobile food 338 preparation vehicles equipped with appliances that produce smoke or grease 339 laden vapor 50.00 340 Exception: Recreational vehicles used for private recreation. 341 (53) Plant extraction systems — annual permit fee to use plant extraction 342 systems 50.00 343 (54) Private fire hydrants — permit fee required for the removal from service, 344 use or operation of private fire hydrants — per location 50.00 345 Exception: permit not required for private industry with trained maintenance 346 personnel or fire department to maintain, test and use private hydrants. 347 (55) Pyroxylin plastics — annual permit fee for storage or handling of more than 348 twenty-five (25) pounds of cellulose nitrate (pyroxylin) plastics and for the 349 assembly or manufacture of articles involving pyroxylin plastics 50.00 350 (56) Refrigeration equipment— annual permit fee to operate a mechanical 351 refrigeration unit or system regulated by Statewide Fire Prevention Code Chapter 352 6 50.00 353 (57) Repair garages and service stations — annual permit fee to operate repair 354 garages and automotive, marine and fleet service stations 50.00 355 (58) State-regulated care facilities — annual permit fee to operate a state- 356 regulated care facility where inspection by the fire official is required by state 357 licensing regulations 50.00 358 (59) Storage of tires, scrap tires and tire byproducts that exceeds 2,500 cubic 359 feet of total volume and for indoor storage of tires and tire byproducts 50.00 360 (60) Tire-rebuilding plants — annual permit fee for the operation and 361 maintenance 50.00 362 (61) Wood productions — annual permit fee to store chips hogged material 363 lumber or plywood in excess of 200 cubic feet 50.00 364 365 The fees imposed pursuant to this section shall be used to defray the cost of 366 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 367 or his designee may waive any of these fees for permits required in the performance of 368 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 369 fire department along with a copy of the contract. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Fire Department City Attorney's Office CA16912 R-1 July 1, 2025 -n- I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: August 12, 2025 ■ Background: In 2001, the City Council enacted a traffic calming program to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets is punishable by a fine of$200. Avalon Avenue has been in Phase II of the Traffic Calming Program and has been receiving regular Police selective enforcement since March 2017. In April 2025, the Avalon Terrace/Avalon Woods Civic League requested a petition to move to Phase III — Additional Fines and they submitted the completed petition on June 10, 2025 with greater than 75% of the property owners on Avalon Avenue signing the petition. ■ Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of Council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Avalon Avenue in the Avalon Terrace neighborhood. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance; map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager:/O� 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road, 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16)Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006. 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018. 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. 74 Effective as of August 12 2025: 75 Avalon Terrace: Avalon Avenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _, 2025. zAS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A /om - Police Department T_ City Attorney's Office APPROVED AS TO CONTENT: Public Work. CA16925 R-1 July 2, 2025 �. LL LLJ �lrti<<jj+t+ LLJ z • t � �•; �.• 1ltt�t jrtlNe! � � � V ■r r • h Mal .. Cnlrio I _ - ♦ ,r� ,� r t .mAl, ♦ 1 L .. MoNow d uv rat a ° � .d'� 60'-� ;- • wn4�� MEN bi` m� r goal ,.� � � � 111E � � ■ ©® � - -�...,..:. .�� ••� _• ,._.^� i NIA BF.q. SZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: August 12, 2025 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3% increase in their salary. The adopted budget for this fiscal year includes a 3% general increase for all other full-time City employees (other than the sworn public safety officers who are receiving a market salary adjustment). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Manager, which is 12 currently $313,962, shall be increased by 3% to $323,380, and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall equal 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ) 2025. APPROVED AS TO LEGAL SUFFICIENCY: c City Attorney's Office CA16893 R-1 June 30, 2025 Ku �7 z CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: August 12, 2025 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3% increase in their salary. The adopted budget for this fiscal year includes a 3% general increase for all other full-time City employees (other than the sworn public safety officers who are receiving a market salary adjustment). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Attorney, which is 12 currently $272,418, shall be increased by 3% to $280,590; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16894 R-1 June 30, 2025 �flNu'°�c _: yL o S CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: August 12, 2025 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3% increase in their salary. The adopted budget for this fiscal year includes a 3% general increase for all other full-time City employees (other than the sworn public safety officers who are receiving a market salary adjustment). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Clerk, which is currently 12 $134,185, shall be increased by 3% to $138,210, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: -Ft<�, ..� < City Attorney's Office CA16895 R-1 June 30, 2025 1A O ' yL a CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: August 12, 2025 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3% increase in their salary. The adopted budget for this fiscal year includes a 3% general increase for all other full-time City employees (other than the sworn public safety officers who are receiving a market salary adjustment). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council; 8 9 NOW; THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1, 2025, the annual salary of the City Real Estate Assessor. 13 which is currently $157,145, shall be increased by 3% to $161,859. Her car allowance 14 shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off ic6---*' CA 16897 R-2 August 6, 2025 0 � s CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: August 12, 2025 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3% increase in their salary. The adopted budget for this fiscal year includes a 3% general increase for all other full-time City employees (other than the sworn public safety officers who are receiving a market salary adjustment). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2025, the annual salary of the City Auditor, which is currently 12 $163,083, shall be increased by 3% to $167,975. His car allowance shall remain at 13 $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16896 R-1 June 30, 2025 ,�Ntn n�c tU tl =s L�v f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Rebecca Pazanski to the Position of Deputy City Clerk II MEETING DATE: August 12, 2025 ■ Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." ■ Considerations: This resolution appoints Rebecca Pazanski to the position of Deputy City Clerk II, effective August 7, 2025. ■ Recommendations: It is recommended that City Council adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: City Clerk City Manager: 1 A RESOLUTION APPOINTING REBECCA PAZANSKI 2 TO THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Rebecca Pazanski is hereby appointed 8 to the position of Deputy City Clerk II, effective August 7, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPRAVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Clerk City Attorney's Office CA16941 R-1 August 7, 2025 .rWu ee", tu _�R 17.'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of William F. Daddio and Jean A. Gentry for the Closure of One-half of an Unnamed, Unimproved Alley Adjacent to the Rear of 817 Vanderbilt Avenue in Croatan MEETING DATE: August 12, 2025 ■ Background: On August 20, 2024, by Ordinance ORD-3782A, City Council approved the request by William F. Daddio and Jean A. Gentry (collectively, the "Applicant"), to close approximately 375 square feet of an unnamed, unimproved alley (the "Right-of- Way") adjacent to the rear of their property located at 817 Vanderbilt Avenue (GPIN: 2426-37-6770), 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. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. 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 Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 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 conditions noted above are not accomplished and the final plat is not approved William F. Daddio and Jean A. Gentry Page 2 of 2 for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. Upon receipt of the Planning Department's conditional approval of the subdivision plat, the Applicant forwarded the plat to the Applicant's lender for signature. The lender has not yet returned the plat; therefore, on July 22, 2025, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD- 3782A. 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 WILLIAM F. DADDIO AND JEAN 4 A. GENTRY FOR THE CLOSURE OF ONE- 5 HALF OF AN UNNAMED, UNIMPROVED 6 ALLEY ADJACENT TO THE REAR OF 817 7 VANDERBILT AVENUE IN CROATAN 8 9 WHEREAS, on August 20, 2024, the Council of the City of Virginia Beach acted 10 upon the application of William F. Daddio and Jean A. Gentry, for the closure of 11 approximately 375 square feet of an unnamed, unimproved alley right-of-way adjacent 12 to the rear of their property located at 817 Vanderbilt Avenue. 13 14 WHEREAS, William F. Daddio died on July 13, 2024; 15 16 WHEREAS, Jean A. Gentry (the "Applicant') desired to proceed with the street 17 closure; 18 19 WHEREAS, City Council adopted an Ordinance (ORD-3782A) to close, 20 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 21 conditions being met on or before August 19, 2025; and 22 23 WHEREAS, on July 22, 2025, the Applicant requested an extension of time to 24 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 August 20, 2024 (ORD-3782A), upon application of Jean A. Gentry, is 31 extended to August 19, 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: 2426-37-6770 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16740 R-1 July 31, 2025 A�12 c� o= R-1-0 R10 R10 a R10 n 0 � o R TO C) ® Site _ /_ Property Polygons William F. Daddio & Jean A. Gentry W E Zoning 817 Vanderbilt Avenue S Building Feet 0 1530 60 90 120 150 180 CITY OF VB' VIRGINIA Disclosure BEACH Staternen 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. • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jean A.Gentry 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? Yes@ 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? YesoNo@ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No(• If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesC) No(a) 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, MERS cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTIONDISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent C) Eric Garner,WPL R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy, Legal Services 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. Jean A.Gentry dean Geis t' 07/31/2025 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. z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise 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): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTION "PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? Yes()Nol) 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.) F_ I 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 thesubject 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, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 01 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 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 Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as Lake Bradford and into the 100' City-owned strip of land surrounding Lake Bradford, located at the rear of 4973 Athens Boulevard. MEETING DATE: August 12, 2025 ■ Background: Nancy L. Skeans (the "Applicant"), requests permission to construct and maintain a proposed pier walkway and kayak launch, a covered dock, landscaping, and rip rap with twelve (12) granite boulders and coir log (collectively, the "Temporary Encroachment") into City-owned property known as Lake Bradford (GPIN 1479- 38-4812) and into the 100' City-owned strip of land surrounding Lake Bradford, located at the rear of 4973 Athens Boulevard (GPIN: 1570-31-6044). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: �0 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS LAKE BRADFORD 7 AND INTO THE 100' CITY-OWNED 8 STRIP OF LAND SURROUNDING 9 LAKE BRADFORD, LOCATED AT 10 THE REAR OF 4973 ATHENS 11 BOULEVARD. 12 13 WHEREAS, Nancy L. Skeans (the "Applicant") requests permission to 14 construct and maintain a 175 sq. ft. pier walkway and kayak launch, a 225 sq. ft. covered 15 dock, variable width landscaping, variable width rip rap with twelve (12) 18" granite 16 boulders and 309 sq. ft. of 12" coir log (collectively, the "Temporary Encroachment") into 17 City-owned property known as Lake Bradford and into a 100' City-owned strip of land 18 surrounding Lake Bradford, located at the rear of 4973 Athens Boulevard; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's easements and property subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nancy L. Skeans, her heirs, 30 assigns and successors in title are authorized to construct and maintain a proposed 175 sq. 31 ft. pier walkway and kayak launch, a 225 sq. ft. covered dock, variable width landscaping, 32 variable width rip rap with twelve (12) 18" granite boulders and 309 sq. ft. of 12" coir log, 33 into City-owned property known as Lake Bradford (GPIN 1479-38-4812) and into the 100' 34 City-owned strip of land surrounding Lake Bradford as shown on the exhibit map entitled: 35 "EXHIBIT A EXHIBIT FOR NANCY SKEANS 4973 ATHENS BLVD. VIRGINIA BEACH, VA 36 23455. FOR ENCROACHMENT INTO BRADFORD LAKE AND A 100' STRIP OF 37 VIRGINIA BEACH PROPERTY ADJACENT TO LOT 23 A," Scale: 1/32" = V-0", dated April 38 30, 2025, prepared by DCLA, a copy of which is attached hereto as Exhibit "A" and on file 39 in the Department of Public Works and to which reference is made for a more particular 40 description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and Nancy L. Skeans, (the "Agreement"), an unexecuted copy of which 1 46 has been presented to the Council in its agenda, and will be recorded among the records of 47 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 48 49 BE IT FURTHER ORDAINED, that the City Manager or his authorized 50 designee is hereby authorized to execute the Agreement; and 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 53 such time as Nancy L. Skeans, and the City Manager or his authorized designee execute 54 the Agreement. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 57 day of 2025. CA16715 R-1 Prepared: 5/21/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, IkEAL ESTATE -ETA A R. HARMEYER DEPUTY CITYATTORNEY 2 N/F: WHITTINGTON B COLLINS. pIN(F) ATHENS BLVD 4972 ATHENS BLVD 5 .S.L� 0 N85° 3'26"W 99.00' RAD.J (FORMERLY LAKE GPIN"#15703160080000 N41036'41"W BOULEVARD) (D.B. 3924, PG. 473) LOTS 26 & 27 20.88'PIN(F) `Jo PIN , ) 30',&VAR. RW (M.B. 9, PG. 91 1'570-31-6008 5 (,(MM B}. 153, PG.53) 21 1 T2 - N30006'44" 28.62' _-Q— < 23A V 22 FALLEN S23033'31"W 120.2' PIN�(F TREE o , �„ , 1 #4973 JORDAN & KRISTA _ N15 2�1 W 33,77 `.4. HEBENSTREIT N/F: LAKE T1 - PINE _ N/F: ANCY SKEANS <� 1-STY-FRAME BRADFORD, GPIN 2 4965 ATHENS BLVD 497,3 ATHENS BLVD m =20�S.L. EXISTING �GPIN #15703170440000 #14793848120000, M.B. 9, PG.91, RESIDENCE INS #: 20200527000446290 BK4667PG1642, GPIN# 15703160440000 # 2020 5190 427370 DB 1018 PG.154 G3 INS #: 2024030268931 . PROPERTY L 0� (M.B. 9, PG.91) INS #: 201807170 0584700 N89"34'11"W 54.13' PIN(F) N82042'19"W 31.82' KAYACK 213, S66025'26"W 93' PIN(F) N/F: CITY OF VIRGINIA BEACH LAUNCH H4-PIER 30: 5';' N81059'21"W 20.77' GPIN #14793848120000, 115'' H3 I BK4667PG1642, 15' T-6�'r T1 - PINE DB 1018 PG.154 (M.B. 9, PG.91) H1-DOCK % EXISTING TOP OF BANK NAD83 r _ (REGRADE AS NEEDED) REGRADE T1 - T2 T2 - FALLEN NORTH BANK, APPROX. PINE FALLEN -_$ TREE �ta70H 0,� TREE_ T2 - FALLEN TREE S1 G2 G1 S2 0� �'� 125 YD3 (SEE ; T1'_ -7 _.� SECTION A-A SINE \ =' - \ _ _ DAVID M. CHEWEY ON SHEET 3) �� 'X '� Lic. No. 0406002091 ;'r7 V v l V V T1 12" �, PINE ' �' yo4 2 T�I - SHAPE Avt CLUMP MAPLE r,PINE H2 APPROX. ED WATER & ELEV. 3.93' David M. Chewey 40' 30' 20' 10'S' 0' 20' 40' LLA# AS002091 SCALE 1/32"=1'-0" (NAVD88) CONTOUR Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: 1/32"=1'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 1 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LEGEND -SOFTSCAPE Zone#3 - Marsh planting TOE (Grouping of 9 each - 2" plugs Icon Code Name Oty Size planted 18" on center 14 plants every g ft2) Groundcover planting Equisetum hyemale- Rough 315 2" Zone#1 - Upland planting Horsetail, Asclepias incamata- Lft, plugs (Grouping of 8 each - 2" plugs G3 Swamp Milkweed, Hibiscus 313 ft2, p p eve 18" planted 18" on center 4 plants moscheutos- Swamp Hibiscus, �% 77 �, 9 ft 2) every Juncus effusus- Soft Rush, Iris #140 o.c. 7 Penstemon digitalis- versicolor- Northern Blue Flag, 7/ Smooth White Penstemon, 2„ Pontederia cordata- Pickerelweed, 7-7 Schizachyrium scoparium- Little 1 209 plugs Typha angustifolia- Narrowleaf G1 Bluestem, Rudbeckia hirta- Black ft2' 18" Cattail Eyed Susan, Liatris spicata- Dense #538 o.c. Blazing Star, Echinacea purpurea- Shrub planting (in mulch) 7 Purple Coneflower, Asclepias Myrica cerifera tuberosa- Butterfly Weed, S1 Wax Myrtle #8 3 gal Coreopsis lanceolata- Lance-leaved 'tea virginica 'Henry's Garnet'Coreopsis S2 Henry's Garnet Virginia Sweetspire #29 3 gal Zone#2 - Marsh planting Lawn planting (Grouping of 9 each - 2" plugs Trees planted 18" on center 14 plants every 9 ft2) O T1 Existing trees to remain - Equisetum hyemale- 2" T2 Existing trees to be removed #6 Rough Horsetail, Asclepias incarnate 1 483 G2 -Swamp Milkweed, Hibiscus ft2, plugs Total new planting bed area: 3 005 ft2 moscheutos- Swamp Hibiscus, #660 1811 Juncus effusus- Soft Rush, o.c. oa�E.I TQ Iris versicolor- Northern Blue Flag, Pontederia cordata- Pickerelweed, DAVID M. CHEWEY Typha angustifolia- Narrowleaf uc, No.0406002091 Cattail David M. Chewey �04-28-2025�� LLA # AS002091 PE ARt Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: 1/32"=1'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 2 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LEGEND - HARDSCAPE Hard landscape Proposed covered dock (All wood to be Marine grade pilings and support H1 beams, decking to be Wolf PVC deck 225 ft2 boards. Cover to be asphalt shingles to match the house) H2 12" Coir log 309 ft2, 309 Lft Rip Rap (12-18" Granite boulders H3 approx. 3 Ton) #19 Proposed pier walkway (All wood to H4 be Marine grade pilings and support 175 ft2 beams, decking to be Wolf PVC deck boards) �AtALT H op DAVID M. CHEWEY a Lic. No. 0406002091 < 04-28-2025 9y�s�APE David M. Chewey LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 3 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 f` RIPARIAN UPLAND ZONE: HERBACEOUS + .W SHRUB PLANTS PROPOSED UPLAND PLANTINGS: AA HERBACEOUS VEGETATION + SHRUBS LINE OF OLD BANK CUT SAND/SOIL FILL, AVERAGE DEPTH 2.25' PROPOSED MARSH PLANTINGS 12" COIR LOG 1' MARSH �� PLANTING TOE 1' 1' 5' 3' + DAVID M. CHEWEY a ORDINARY HIGH NOTE: REGRADE BANK, Lic. No. 0406002091 WATER MARK APPROX. 125 YD3 ,-gy�04-28-2025�°i SHAPE AR�� David M. Chewey A-A: SHORELINE CROSS SECTION (NTS) LLA # AS002091 Job No- 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virgi]and Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford La dave@davidchewey.com Pg. No: 4 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 757 272 7515 LAKE BRADFORD REGRADED BANK FOR SMOOTHER TRANSITION ORDINARY HIGH TO WATER AROUND DOCK/WALKWAY WATER MARK PROPOSED DOCK/WALKWAY PROPOSED MARSH PLANTINGS 12-15" DIAMETER GRANITE RIP EX. GRADE 12" COIR LOG RAP ON UNDISTURBED GROUND t , 1' 1' 5' NO H 0, DAVID M. CHEWEY a PROPOSED FILL @ TOE OF COIR LOG Lic. No. 0406002091 AND ABOVE COIR LOG = 125 YD3 04-28-2025 h 9y�S0APE David M. Chewey B-B: RIP RAP/COIR LOG W/ DOCK CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5xl 1) Beach, VA 23455. For encroachment into Bradford Lake jandil dave@davidchewey.com Pg. No: 5 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 2 757 272 7515 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 19 rNday of J11AX 200 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NANCY L. SKEANS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "23-A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 23, 24 & 25, LAKE BRADFORD PARK (M.B. 9, PG. 91) BAYSIDE DISTRICT VIRGINIA BEACH, VIRGINIA," Scale 1" = 30', dated November 7, 2017, prepared by GEOSTAT Land Surveys, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20180717000584700, and being further designated, known, and described as 4973 Athens Boulevard, Virginia Beach, Virginia 23455-1301; WHEREAS, it is proposed by the Grantee to construct and maintain a 175 sq. ft. pier and walkway, a 15' x 15' kayak launch, a 225 sq. ft. covered dock, variable width assorted landscaping, a variable width rip rap and with twelve (12) 18" granite boulders and 309 sq. ft. of 12" coir log, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1479-38-4812 (CITY-OWNED PROPERTY KNOWN AS LAKE BRADFORD AND 100' STRIP OF LAND) 1570-31-6044 (4973 ATHENS BOULEVARD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Bradford and the 100' City-owned strip of land surrounding Lake Bradford, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A EXHIBIT FOR NANCY SKEANS 4973 ATHENS BLVD. VIRGINIA BEACH, VA 23455. FOR ENCROACHMENT INTO BRADFORD LAKE AND A 100' STRIP OF VIRGINIA BEACH PROPERTY ADJACENT TO LOT 23 A," Scale: 1/32" = V-0", dated April 30, 2025, prepared by DCLA, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public 2 necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4973 Athens Boulevard, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4973 Athens Boulevard. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and 3 to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the 4 Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, NANCY L. SKEANS, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 '4 S I%�c STATE OFqQYl Nancy L. S eans `/,S IVR/-,/� CITY/COUNTY OF t �Qr to-wit: The foregoing instrument was acknowledged before me this day of 2025, by Nancy L. Skeans. (SEAL) Notary Pub LCommonwealth of Pennsylvania-Notary Seal My Notary Registration Number: 14115309 adette JeanBurgoon,Notary Public My Commission Expires: 3 "d�-eX Allegheny County commission expires March 23,2026 commission number 1418309 Member,Pennsylvania Association of Notaries APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORK — REAL ESTATE A ARMEYER DEPUTY CITY ATTORNEY 7 N/F: WHITTINGTON B COLLI S IN(F) 5 B.S.L. L(FORMERLY ENS BLVD 0 4972 ATHENS BLVD LAKE GP1N-#15703160080000 N41°36'41"W N85° T26"W 99.06 RAD. (D.B. 3924, I LEVARD) PG. 473) LOTS 26 & 27 20.88 PIN(F) o, PIN ) VAR: R/VV) (M.B. 9, PG. 91 1570-31-6008 'o 101 Ni �(M.B. 153, PG.53) 21 T2 - N30006'44" 28.62' < 23A 22 FALLEN S23033'31"W 120.2' PI TREE #4973 =- -g �N F: JORDAN & KRISTA ,� N15°2T 1"W 33.77' S�. HEBENSTREIT N/F:E <� 1-STY-FRAME T1 - PINE N/F: ANCY SKEANS 2 4965 ATHENS BLVD BRADFORD, GPIN 4973 ATHENS BLVD m 20S.L. EXISTING RESIDENCE �GPIN #15703170440000 #14793848120000., M.B. 9, PG.91, INS #: 20200527000446290 BK4667PG1642, GP1N# 15703160440000 * 202.0 5190 427370 DB 1018 PG.154 G3 INS #: 202403026893 ;- PROPERTY L OQ—_ (M.B. 9, PG.91) ,INS,#: 201807170 0584700 N82°34'11"W 54.13' PIN(F) y13' N82°42'19"W 31.82' KAYACK S660 25 26 W 93 PIN(F) N/F: CITY OF VIRGINIA BEACH LAUNCH Tu H4-PIER 30' 51, ' N81°59'21"W 20.7T GPIN #14793848120000, H3 BK4667PG1642, 15' 15' 3-6" T1 - PINE ;� �� DB 1018 PG.154 (M.B. 9, PG.91) H1-DOCK \ " EXISTING TOP OF BANK NADB 3 T2 (REGRADE AS NEEDED) REGRADE T1 _ FALLEN- T2 - FALLEN NORTH ' � BANK, APPROX. PINE TR T2\- FALLEN TREE S1 G2 TREE tALTH 0 ,`/ 125 YD3 (SEE �� T1,- 7 G1 S2 0� �;;> SECTION A-A I PINE �� /� � _--_ � DAVID M. CHEWEI' ON SHEET 3 TL1_= Uc. No. 0406002091 T1 - 12" �% __ r PIJE o <� 04-28-2025 CLUMP � � � APE AR MAPLE �' e1ME - H2 APPROX. ED WATER & ELEV. 3.93' David M. Chewey so ao• so• �o•e• o• so• 40•SCALE 1/32"=1'-0" (NAVD88) CONTOUR LLA# AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: 1/32"=1'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 1 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LEGEND -SOFTSCAPE Zone#3 - Marsh planting TOE (Grouping of 9 each -2" plugs Icon Code Name Qty Size planted 18" on center 14 plants every 9 ft2) Groundcover planting Equisetum hyemale- Rough 315 2„ \,' Zone#1 - Upland planting Horsetail, Asclepias incamata- Lft, plugs 77 (Grouping of 8 each - 2" plugs G3 Swamp Milkweed, Hibiscus 313 ft2, 18" planted 18" on center 14 plants every moscheutos- Swamp Hibiscus, 9 ft2) Juncus effusus- Soft Rush, Iris #140 o.c. Penstemon digitalis- versicolor- Northern Blue Flag, G Smooth White Penstemon, 211 Pontederia cordata - Pickerelweed, 2 Schizachyrium scoparium- Little 1 plugs Typha angustifolia- Narrowleaf 2 � V, 1 Bluestem, Rudbeckia hirta- Black #538 18 Cattail � Eyed Susan, Liatris spicata- Dense O.C.17 Shrub planting Blazing Star, Echinacea purpurea - P g (in mulch) G Purple Coneflower, Asclepias Myrica cerifera G' tuberosa - Butterfly Weed, S1 Wax Myrtle #8 3 gal V 7 7, Coreopsis lanceolata- Lance-leaved Itea virginica 'Henry's Garnet' p '7 Coreopsis S2 Henry's Garnet Virginia Sweetspire #29 3 gal Zone#2 - Marsh planting Lawn planting (Grouping of 9 each - 2" plugs Trees planted 18" on center 14 plants every 9 ft2) O T1 Existing trees to remain - - Equisetum hyemale- 211 � T2 Existing trees to be removed #6 Rough Horsetail, Asclepias incamata 1 483 - G2 - Swamp Milkweed, Hibiscus ft2, p18 s Total new planting bed area: 3 005 ft2 moscheutos- Swamp Hibiscus, #660 Juncus effusus- Soft Rush, o C. ��F`'T" - ` 1 Iris versicolor- Northern Blue Flag, ��° '�4' Pontederia cordata - Pickerelweed, DAVID M. CHEWEY Typha angustifolia - Narrowleaf Uc.No.0406002091 Cattail David M. Chewe <r 04-28-2025 LLA # AS002091 y�S�4PE ARc''��`� Job No- 24109 EXHIBIT A davidchewey.com Date- April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: 1/32"=1'-0" (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No: 2 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LEGEND - HARDSCAPE Hard landscape Proposed covered dock (All wood to be Marine grade pilings and support H1 beams, decking to be Wolf PVC deck 225 ftz boards. Cover to be asphalt shingles to match the house) H2 12" Coir log 309 ftz, 309 Lft Rip Rap (12-18" Granite boulders H3 approx. 3 Ton) #19 Proposed pier walkway (All wood to H4 be Marine grade pilings and support 175 ftz beams, decking to be Wolf PVC deck boards) �ALT H p, o DAVID M. CHEWEY Lic. No. 0406002091 04-28-2025 r,`oscAPE ARC ` David M. Chewey LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake andjjj dave@davidchewey.com Pg. No: 3 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 { .a Y y r t �Y I' � a � 1 y.. ,At All RIPARIAN UPLAND ZONE: HERBACEOUS + SHRUB PLANTS PROPOSED UPLAND PLANTINGS: HERBACEOUS VEGETATION + SHRUBS LINE OF OLD BANK CUT SAND/SOIL FILL, AVERAGE DEPTH 2.25 PROPOSED MARSH PLANTINGS • y �y '�, •may ' 12" COIR LOG - 1' MARSH PLANTING TOE 3 - 4' f-Al i--' '� j _•_. 1 � �-- —1 — —, — I-III__-� � ' ► __ __ ' _ _ �j,aLTH 00 1' 1' 5' 3' + DAVID M. CHEWEY a ORDINARY HIGH NOTE: REGRADE BANK, Lic. No. 0406002091 WATER MARK APPROX. 125 YD3 ��y04-28-2025�0� �sCAPE ARIL David M. Chewey A-A: SHORELINE CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virginia Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford Lake and dave@davidchewey.com Pg. No- 4 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 23 A 757 272 7515 LAKE BRADFORD REGRADED BANK FOR SMOOTHER TRANSITION ORDINARY HIGH TO WATER AROUND DOCK/WALKWAY WATER MARK PROPOSED DOCK/WALKWAY PROPOSED MARSH PLANTINGS 12-15" DIAMETER GRANITE RIP EX. GRADE 12" COIR LOG RAP ON UNDISTURBED GROUND - . , 1' 1' 5' U?DAVIDHEWEY 0p� `/c�ZEWEYPROPOSED FILL @ TOE OF COIR LOG 02091AND ABOVE COIR LOG = 125 YD325 ��c0� David M. Chewey B-B: RIP RAP/COIR LOG W/ DOCK CROSS SECTION (NTS) LLA # AS002091 Job No: 24109 EXHIBIT A davidchewey.com Date: April 30, 2025 Exhibit for Nancy Skeans 4973 Athens BLVD. Virgijand ill Virginia Beach,VA Scale: NTS (8.5x11) Beach, VA 23455. For encroachment into Bradford La dave@davidchewey.com Pg. No: 5 of 5 a 100'strip of Virginia Beach Property adjacent to LOT 757 272 7515 r , t- a aYA4, � a T � — t Ina � �! 4 �i. e 4`r}y6i+�►i' .}'y,�' a w' �/R'•`+df'yt :Cat.. } ^ 1 T _ C � r r 110 }` ~..• WA r IN, w Pk r 'xM # , r w� Y y� r � �.a � 4 a• l s� h, a r t .f + r �, 'tea, •. � �", � "_ � `� �1! W r = a r A v rr C� a r� _ p,THENS BLS s ,� ZONE 4 = i . y • r w. I oy •A +l r d j o �•r� wA • y. \j ZONE"AE' ].Y1'CONTOUR LOCATION MAP OF ENCROACHMENT REQUEST FOR Legend NANCY L. SKEANS GPIN 1570-31 -06044 City Properties Feet Q Gpin 1570-31-6044 0 50 100 200 P.a..aro.l Lv� 1 I!O W fFrv.�C�v,m..R��mau O19A17lt�G Y�1C�r..w..cVPDl1IF!'TC1A..-1,�c D...�nrlclpuol FcrafnlAro...lo�M..c�9F/1�7/L(GDIN UG7(LZt_FMA Ao.iol _ c`RFFK co w L V _,. . E CT f Y , S� � f ARE OR - U ATHENS BEND 1 TOO �00 1 ► :, ' ZONE'xt.o2%P ZONE'AE' s.sr CONTOUR LOCATION MAP OF ENCROACHMENT REQUEST FOR Legend NANCY L. SKEANS GPIN 1570-31 -06044 City Property Feet Gpin 1570-31-6044 0 50 100 200 Cron.>.a/by 1 IJ CW 1F—IC.--,M—..,SZOAMlIr V%Q—.....+1DOf1 Dry I—ICoal Fa.1e1n1An..n.la KA...llltn)7fl.,_DNA 4r7n 11 CM A Disclosure 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 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 `!� R 11 C u l- S K e a r1 S Is Applicant also the Owner of the sub property? Yes]&NoQ If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Noo if yes, name Representative: a V i CA C tleWe l Is Applicant a corporation, partnership,firm,business,tru t or unincorporated business? Yes®Noi& If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yeso No If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust,, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Retum Preparation o 1 0 Architect/Designer/Landscape Architect/Land Planner ovirA C hewer I Gndst��e Atc{�+kc Construction Contractor 0 o T S U n Ctm'1 Ca,)s1rrv�ck-)o f1 Engineer/Surveyor gent _ 0 O t)O V�a C�CW e Lc^ax°k- ArcN+ft_t Legal Services APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. N a r\cL i L_ S 1CeaA s ►��� �.Qr�n�j r� I S 2S Applicant Name (Print) Applicant Signature Date 2 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."'See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: c as listed on application NatAcx L J S Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes©N If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? 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 th s bject land or any proposed development contingent on the subject public action? Yes® No If yes,name the official or employee, and describe the nature of their interest. 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, cross-collateralization,etc.) �{ Real Estate Broker/Agent/Realtor © Accounting/Tax Return Preparation ® V Architect/Designer/Landscape Architect/Land Planner ® Construction Contractor XY ® Sck nck m C o r'stytk c� 6S n Engineer/Surveyo Agent ® �tV"d Chew LctndrC� ,A�tcl�� � fi Legal Services 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 weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public ody or committee in connection with this application. Na t�c S-kea n 5- 0 1 W-7 5- Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 N A � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Island Lake West, located at the rear of 2417 Broad Bay Road MEETING DATE: August 12, 2025 ■ Background: Elizabeth J. Needham (the "Applicant"), requests permission to construct and maintain a vinyl bulkhead, two (2) wood piers, a wood wharf with four (4) piles and a boat lift (collectively, the "Temporary Encroachment") into City-owned property known as Island Lake, located at the rear of their property at 2417 Broad Bay Road (GPIN 1499-98-0839). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Island Lake West, which is where the Applicant requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: t 1Y 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS ISLAND LAKE 7 WEST, LOCATED AT THE REAR OF 2417 8 BROAD BAY ROAD. 9 10 WHEREAS, Elizabeth J. Needham (the "Applicant"), requests permission to 11 construct and maintain 91.65' feet of vinyl bulkhead, a 4.33' x 43.04' wood pier, a 4.33' x 12 42.94' wood pier, a 4.33' x 89.88' wood wharfwith four(4) 12" piles and a 12.5' x 11.5' boat 13 lift, (collectively, the "Temporary Encroachment") into City-owned property known as Island 14 Lake West, located at the rear of 2417 Broad Bay Road (GPIN: 1499-98-0839); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City-owned property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Elizabeth J. Needham, her 25 heirs, assigns and successors in title are authorized to construct and maintain the 26 Temporary Encroachments within the City-owned property as shown on the map entitled: 27 "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, 28 WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT FOR ELIZABETH J. 29 NEEDHAM LOCATED ON LOT 75, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 CITY 30 OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated February 10, 2025, prepared by 31 Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit"A"and on file 32 in the Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach, and Elizabeth J. Needham (the "Agreement"), an unexecuted copy of 38 which has been presented to the Council in its agenda and will be recorded among the 39 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: B IC WO KS I REAL ESTATE D . HARMEYER DEPUTY CITY ATTORNEY CA16717 R-2 Preparedcac REMOVE ISLAND LAKE WEST SHEET INDEX EXISTING PIER FLOOD C01 EX. CONDITIONS REMOVE EXISTING BULKHEAD REMOVE CO2 BULKHEAD EBB EXISTING FLOAT CO3 PIER&WHARF EXISTING RIP-RAP REMOVE C04 PILES FOR BOAT LIFT NG (OF OTHERS) Q\�`1 N39.2$•S8'1v BULKHEAD C05 NOTES,TABLES&OWNERS 74 M.B.45, PG. 37� 75 O GPIN: 1499-98-0839 76 N I.N. 20150713000656100 M.B. 45, PG. 37 '2 N o DA *� UTLER `I c.No.38395 o O r 'P �► ,25 �v� o m 3 STORY (n SjONAL 1✓� N BRICK BUILDING #2417 w 1 m N SEE SHEET 5 FOR CURVE TABLE 448.89' 40 C 1 BROAD BAY ROAD (50' R/W) FORMERLY ANCHOR ROAD M.B. 45, PG. 37 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, Sheet Name: Existing Conditions Sheet: 1 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=40' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS 8B ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W.VNedlrm,Elabe -M170,wd Bq R.M\D,a,qQ3-01 Eahibitd",4R1/2(0435WPM,1 1 /76 � �� 0 M.B. 45, �s �1 PG. 37 N21 23'08'. 6,99, E qp 1 SEE LINE TABLE ON SHEET 5 �o j OQ� v ev \ � h ,lb 01 19 45, PG� 37) a �hh yoo b v "� HEALTH OFG 75 0 !�, GPIN: 1499-98-0839 O� f I.N. 20150713000656100 U DA�&* UTLER w c.No. 38395 2�9 6 /^o S`s�pN A L ECG 74 M.B. 45, PG. 37 9 0 12 24 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, Sheet Name: Bulkhead Sheet: 2 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS &ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\N-d—Elxa ..th-1d1]B,.d Bay P.M\Dla.9,\23-01bh,brtdw 42)IM15a1S01PM11 Q OQ O��Q. \5 QQ-DO A� O 00 A0 ,fib 0(blb 9 9 75 ip006, OA 9A' �' o' GPIN: 1499-98-0839 O A�p ?4' I.N. 20150713000656100 O v 9y' ? 37) 09�' 96, y y� 45, P�' 04 �t8LT11 0JP 0� Gl � O � DA W� UTLER / `I` c.No. 38395 Q\� �S'9,7. �SSJONAL 74 2p3s��'� M.B. 45, PG. 37 9 0 12 24 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Pier&Wharf Sheet: 3 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS,WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W.VJeedly Ebube -2412 Broad Bey RIM\01a 91\23-01 Uh,b-d e221/2 254.35U1 RM,1.1 0 PROPOSED 4 12" PILES (TYPICAL) FOR 0 12.5'x11.5' BOAT LIFT s ' ISLAND LAKE WEST �j FLOOD J EBB I � CO I � \ M co* H CO 7g 80, N 74 M.B. 45, PG. 37 N3 1y S0. N 9 25,58� 3 8g.88. 0 orn 0 75 0 GPIN: 1499-98-0839 I.N. 20150713000656100 u DA *i UTLER `1` c.No.38395 �sSjONAL E�G� 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Piles for Boat Lift Sheet: 4 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF 8� 4 PILES FOR BOAT LIFT Scale: 1"=10' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS & ENGINEERS LOCATED ON LOT 75 BAY ISLAND 323 FIRST COLONIAL ROAD , SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W FNrdMm FL.ebaM->eiar,..,n kaannrayn,..r»fir[.nn.r ny,., ir.xrca cnr o.. 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. tXLThIO 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. FG 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: o AMERICAN ENGINEERING ASSOCIATES — SOUTHEAST, P.A. INC. G' DATED: 7-7-15 p ,. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DAB UTLER Y RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. `I� c.No.38395 Qt— LINE TABLE LINE BEARING DISTANCE �SSfONAL E�G� L1 S39'25'58"E 0.82' L2 S40'46'44"W 7.22' L3 S83'13'57"W 4.23' L4 N56'49'26"W 15.56' L5 N29'28'33"W 15.33' L6 N51'54'45"E 13.33' L7 S68'30'52"E 10.14' L8 S28'39'41"E 10.70' L9 S72'23'30"E 5.20' L10 S48'50'50"E 9.12' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C1 19'40'00" 436.99' 150.00' 75.74' S58'40'49"E 149.26' ------------------- -----�--ADJACENT OWNERS ------ --- ------� KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN j CONSTANCE P. LOSCHI, LOT 74, M.B. 45, LIVING TRUST I.N. 20130612000682690 BAY ISLAND PG. 37 1499-98-1831 SECTION ONE - -- -- --- - BRAND JONES & I.N. LOT 76 20190328000245670 BAY ISLAND M.B. 7 LOTTE JONES 1499-88-9924 TE SECTION ONE PG. 37 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes, Tables&Owners Sheet: 5 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF &4 PILES FOR BOAT LIFT Scale: NA Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17_'' day of 20a5, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ELIZABETH J. NEEDHAM, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "75" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2417 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 91.65' feet of vinyl bulkhead, a 4.33' x 43.04' wood pier, a 4.33' x 42.94' wood pier, a 4.33' x 89.88' wood wharf with four (4) 12" piles and a 12.5' x 11 .5' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY-OWNED PROPERTY ISLAND LAKE WEST — NO GPIN ASSIGNED) 1499-98-0839 (2417 BROAD BAY ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Island Lake West, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT FOR ELIZABETH J. NEEDHAM LOCATED ON LOT 75, BAY ISLAND, SECTION ONE, M.B. 45, PG. 37, CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated February 10, 2025, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ELIZABETH J. NEEDHAM, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: ElizaLkth J. ed m STATE OF VIRGINIA CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 1 'day of 202; by Elizabeth J. Needham. (SEAL) kotary Public JACOB T NESS NOTARY PUBLIC 1 7 O COMMONWEALTH OF VIRGINIA My Notary Registration Number: 1 MY COMMISSION EXPIRES JUNE 30,2028 My Commission Expires: 3�u,,.i 3T,9Af COMMISSION 0 8121670 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B C WO S / REAL ESTATE R. KRMEYER DEPUTY CITY ATTORNEY REMOVE ISLAND LAKE WEST SHEET INDEX EXISTING PIER REMOVE FLOOD C01 EX. CONDITIONS EXISTING BULKHEAD REMOVE CO2 BULKHEAD EBB FLOAT C03 PIER &WHARF EXISTING RIP-RAP REMOVE C04 PILES FOR BOAT LIFT (OF OTHERS) Q��1 N39.2S,S8 NG BULKHEAD C05 NOTES,TABLES&OWNERS 89 88, p�KN�,p 74 M.B.45, PG. 37 75 11 4v'ALT11 pW M GPIN: 1499-98-0839 76 O1 Lj N I.N. 20150713000656100 M.B.45, PG. 37 v DAt- UTLER & `I` c.No.38395 o 6 r '�l 3 STORY t� �ssIONAL E�G� N -10 BRICK BUILDING #2417 �,, ' fZr► n? �p SEE SHEET 5 FOR ® �� CURVE TABLE 448.89' 1 Q � C 1 Q��1 0 BROAD BAY ROAD (50' R/W) "J FORMERLY ANCHOR ROAD M.B. 45, PG. 37 0 40 80 EXHIBIT A I ENCROACHMENT EXHIBIT SHOWING Sheet Name: Existing Conditions Sheet: 1 of 5 PROPOSED VINYL BULKHEAD, WOOD PIERS, WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=40' Date: Feb. 10,2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS &ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B.45, PG. 37 /7CT I0o 04 27/7C7\w 7C Donn r w /760 M.B.45, PG. 37 Quo N2i?908. SEE LINE TABLE ON SHEET 5 er OQ�oOQ� `tea v Q' 4p 45, G. 37) P o V XLTA O� 75 '0 Ll GPIN: 1499-98-0839 I.N. 20150713000656100 o DA A% UTLER i `I c.No.38395 ,25wAr � AL � 2O 9 M.B. 45, PG. 37`S9• 0 12 24 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD PIERS, Sheet Name: Bulkhead Sheet: 2 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS&ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA 23454 M.B. 45, PG. 37 4" 4� Q�`1 �'o0 0 •/ �o �L R04 1a 06, 0s �. A FO Ad ti 0 i F,Q •O4. '9 �� 19 A,� �� °s• ,�9°• 75 0.*1 Os 91r• ??�• GPIN: 1499-98-0839 A' O I.N. 20150713000656100 O �8 � ?? 45, PC' • a �O ��d • ^ ti� LTN OF S 0 f G� 1` V DA *' UTLER � � 1 c.No.38395 Al ONAL CIS E� S 74 �035�0 M.B. 45, PG. 37 9 EXHIBIT A 0 12 24 ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD,WOOD PIERS, Sheet Name: Pier&Wharf I Sheet: 3 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Scale: 1"=12' Date: Feb. 10, 2025 FOR GALLUP ELIZABETH J. NEEDHAM LOCATED ON SURVEYORS&ENGINEERS LOT 76, BAY ISLAND, SECTION ONE 323 FIRST COLONIAL ROAD M.B.45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 . C71A)c_1zon PAY CITY OF VIRGINIA BEACH,VIRGINIA 0 PROPOSED 412" PILES(TYPICAL) FOR 12.5'x11.5'BOAT LIFT O ' ISLAND LAKE WEST FLOOD EBB I � 40 \ J ) N 2g 80, 74 M.B. 45, PG. 37 b N� 1250, N 825.58� 0 '0) o 4tXLTN OJT 75 GPIN: 1499-98-0839 I.N. 20150713000656100 DAt� UTLER a 'ic.No.38395 �SSjONAL 0 10 20 EXHIBIT A I ENCROACHMENT EXHIBIT SHOWING Sheet Name: Piles for Boat Lift PROPOSED VINYL BULKHEAD, WOOD PIERS,Sheet: 4 of 5 WOOD WHARF 84 4 PILES FOR BOAT LIFT Scale: 1"=10' Date: Feb. 10,2025 FOR GALLUP ELIZABETH J. NEEDHAM SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 75, BAY ISLAND, SECTION ONE VIRGINIA BEACH,VIRGINIA23454 M.B.45, PG. 37 F AN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ��fXLTB op HIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. OLLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: AMERICAN ENGINEERING ASSOCIATES - SOUTHEAST, P.A. INC. O DATED: 7-7-15 FOR U DA - UTLER > 4. THE TCITY IONS R VIRGINIA B BY OTHER ASSOCIATIONSEACH IS NOT EOR AGENCIES. ATION OF 11 c.No.38395 RES p�25 �'� �w LINE TABLE G LINE BEARING DISTANCE SSIDNAL E� � L1 S39'25'58°E 0.82' L2 S40'46'44"W 7.22' L3 S83'13'57°W 4.23' L4 N5649'26W 15.56' L5 N29'28'33"W 15.33' L6 N51'54'45"E 13.33' L7 S68'30'52°E 10.14' L8 S28'39'41"E 10.70' L9 S72'23'30°E 5.20' L10 S48'50'50"E 9•12' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C1 19'40'00" 436.99' 150.00' 75.74' S58'40'49"E 149.26' — -- ADJACENT OWNERS OWNER INSTRUMENT LEGAL INSTRUMENT GPIN j KEY LOT 74, M.B. 45, 1499-98-1831 CONSTANCE P. LOSCHI, I.N. 20130612000682690 BAY ISLAND PG. 37 LIVING TRUST SECTION ONE LOT 76, M B. 45, BRANDON JONES & I.N. 20190328000245670 BAY ISLAND PG 37 1499-88-9924 LOTTE JONES SECTION ONE EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD,WOOD PIERS, Sheet Name: Notes, Tables &Owners Sheet: 5 of 5 WOOD WHARF & 4 PILES FOR BOAT LIFT Date: Feb. 10, 2025 FOR Scale: NA ELIZABETH J. NEEDHAM GALLUP LOCATED ON SURVEYORS &ENGINEERS LOT 75, BAY ISLAND, SECTION ONE 323 FIRST COLONIAL ROAD M.B.45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA ��, .moo s,��17F716?5-2390 FAX r '^ 4 y �p r ge. In i b �^t i q .. c y z` A 'Y , f T ,3 R r N � a , z } pp .� # 4 � r _ , ' _ r i • s _ 4, c2a6 t i y a � r l aR •r s� : �. - f + �� .lr .� ,yam•, , "�, +: �r �'' 111: i'• '` +T i '`- •ate �. !e' r "Or lip r - a o r - LOCATION MAP OF ENCROACHMENT REQUEST FOR ELIZABETH NEEDHAM Fy, . 2417 BROAD BAY ROAD Legend s GPIN : 1499-98-0839 Feet 1499-98-0839 0 50 100 200 r Pronaruri F.. I It DIAI Fnn F.v. C^^....r.n Cu...roc R^..00,^,N1Fll1S i� SHORE DR w' 1 SITE o '^ o rA 5 t y�0 �P 0 Oi Z im I-� LOCATION MAP OF o ENCROACHMENT REQUEST FOR ELIZABETH NEEDHAM 2417 BROAD BAY ROAD Legend _ r -- - GPIN : 1499-98-0839 I S - Feet 1499-98-0839 -- 0 50 100 200 P�,.•.>,yl l I,FT Fr.,.:G,... z........ R...pT T()9:7n),- . -Ar—D...:., —[,I., nf_cr.$nn M1IADC-111C n4 VBQTY OF VIRGINIA Disclosure - BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: ` �^ n 1 as listed on application \�ZGC �' 1 Y 1 �� IV�clkc y-y- 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? YesO NoO 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 1 or affiliated business entity 2 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? YesO No' If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O 1900 Disclosure Statement I rev. M ay-2024 _ page 1 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? YesQNo® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noe 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® No1W If yes, name the official or employee, and describe the nature of their interest. F- 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, 0Aft cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation O IP Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 O Engineer/Surveyor/Agent O O Legal Services 0 PROPERTY OWNER CERTIFICATION READ: i certify that all information contained in this Form is complete, true, and accurate, f 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 bo or committe in connection with this application. 1 �.s�-- Property Owner Name (Print) ftp'erty Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner 0 � � Construction Contractor It 0"Do l Engineer/Surveyor/Agent ® O Legal Services t:07-- 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 pplication. i 7Abc�in �_1Jt Applicant Name (Print) ppl cant Signature Date 1 "Parent-subsidiary relationship"means "a relatio that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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. M ay-2024 page 2 of 3 40 ) 4 4L � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a City-owned right of way known as Haygood Point Road, located at the front of 4804 Haygood Point Road. MEETING DATE: August 12, 2025 ■ Background: Justin L. Erbe and Tara E. Erbe (collectively, the "Applicant"), request permission to construct and maintain a paved pad to the front door (the "Temporary Encroachment") into a City-owned right of way known as Haygood Point Road, located at the front of 4804 Haygood Point Road (GPIN: 1478-18-0484). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned right of way which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:/�rl 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A CITY-OWNED RIGHT OF WAY 6 KNOWN AS HAYGOOD POINT ROAD, 7 LOCATED AT THE FRONT OF 4804 8 HAYGOOD POINT ROAD. 9 10 WHEREAS, Justin L. Erbe and Tara E. Erbe (collectively, the "Applicant") 11 request permission to construct and maintain a 10' x ± 9'3" paved pad, (the "Temporary 12 Encroachment") into a City-owned right of way known as Haygood Point Road, located at 13 the front of 4804 Haygood Point Road(GPIN: 14778-18-0484); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right of way subject to such terms and conditions as Council may prescribe. 18 19 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Justin L. Erbe and Tara E. Erbe, 24 their heirs, assigns and successors in title are authorized to construct and maintain the 25 Temporary Encroachment within the City's right of way as shown on the map entitled: 26 "PROPOSED ENCROACHMENT PROJECT NEW MAILBOX & PAVER WALK TO 27 CURBLINE EXHIBIT A," Scale: 1" = 30', dated June 10, 2025, prepared by Painted Fern 28 Landscape Architecture, a copy of which is attached hereto as Exhibit"A"and on file in the 29 Department of Public Works and to which reference is made for a more particular 30 description; 31 32 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 33 subject to those terms, conditions and criteria contained in the agreement between the City 34 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 35 been presented to the Council in its agenda and will be recorded among the records of the 36 Clerk's Office of the Circuit Court of the City of Virginia Beach. 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such time as Justin L. Erbe, and Tara E. Erbe, and the City Manager or his authorized 43 designee execute the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS / REAL ESTATE A . HARMEYER DEPUTY CITY ATTORNEY CA16711 R-2 Prepared: 6/12/2025 U 5'DRAINAGE EASEMENT NOW OR FORMERLY O M.B.106 PG.46 JONATHAN 0.ADAMS AND LISA L.ADAMS M.B.106 PG.46SAN 9 MH o INSTRUMEINT NO 200618 60000 RIM204001802630 NOW OR FORMERLY RIM=12.04 E.L.HUDSON AND PHYLLIS ANN HUDSON INV.4.69 PIN F M.B.106 PG.46 c ( ) S 88°15'00"E 180.00' GPIN: 14781824360000 D.B.1862,PG.643 CO G. W o RIM=12.85 I UM 04 M.B. 6 AG IE EASEMENT NEW/RELOCATED 0 METAL MAILBOX 2 STORYIt o n BRICK ° RESIDENCE Z o = EXIST.POOL 30 #4804 a HOUSE ! Z ON CONC.SLA 9'3" a M.B.106 PG.46 PROPOSED PAVED tq E GPIN: 14781804840000 x PAD TO FRONT INSTRUMENT NO.20160714000606530 w O OR DOOR(10'x±9'3") i _Z� F ao N I O PIN(F) 0 I NOTE 1:THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED _ o WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT x o 0,n I CONSTITUTE A BOUNDARY SURVEY V INOTE 2:THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF Z P o RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES X Q I Z S 09 5 �N�NOW N 84°04'07"W 8.10, ESP/ I I~ BTEL PED. x 0 LAKE SMITH 5"RCPI' X_�_ GPIN: 14696271750000 24"RCP x— — S 14°02'10"E 9.83' M.B.106 PG.46 DI:RIM .32 PIN(F) N 88'15'00"W 145.88' DI:RIM=11.13 DRIL IINV.7.2 . © I INV.7.77 HOLE(F) NOW OR FORMERLY \ MARGARET MOREAU PROPERTY LINE IS CENTERLINE INSTRUMENT NO.20131203001393880 20'DRAINAGE EASEMENT M.B.106 PG.46 10'STRIP OF PROPERTY OF CITY OF M.B.106 PG.46 \\\ GPIN: 14781802890000 NORFOLK,VIRGINIA M.B.106,PG.46 \� APPLICANT: PROPOSED ENCROACHMENT PROJECT y7a of Painted Fern NEW MAILBOX & PAVER WALK TO CURBLINE f Landscape Architecture EXHIBIT A: SHEET 1 OF 1 TA RA & J U STI N E R B E o Jason M.Thomas 1716 Pleasure House Road, Ste. 105 DATE: JUN 10, 2025 0' 10, 20' 30' N.. 4804 HAYGOOD POINT ROAD > 360 VIRGINIA BEACH, VA 23455 Virginia Beach, VA 23455 REV-3 001 757.982.4804 06/1 0/2 0/zs SCALE:1"= 30' c , PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JUSTIN L. ERBE and TARA E. ERBE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 7", as shown on that certain plat entitled: "SUBDIVISION OF HAYGOOD POINT SECTION TWO BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated June 1973, prepared by Marsh and Basgier, INC. P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 106, at page 46, and being further designated, known, and described as 4804 Haygood Point Road, Virginia Beach, Virginia 23455. WHEREAS, it is proposed by the Grantee to construct and maintain a 10' x ± 9'3" paved pad to the front door, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS; in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a City-owned right of way known as Haygood Point Road, the "Encroachment Area"; and GPIN: NO GPIN ASSIGNED (CITY-OWNED 50' RIGHT OF WAY) 1478-18-0484 (4804 HAYGOOD POINT ROAD) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "PROPOSED ENCROACHMENT PROJECT NEW MAILBOX & PAVER WALK TO CURBLINE EXHIBIT A," Scale: 1" = 30', dated June 10, 2025, prepared by Painted Fern Landscape Architecture, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or 3 termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JUSTIN L. ERBE and TARA E. ERBE, husband and wife, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit- The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 5 ;� s in . Erbe ara E. Erbe STATE OF VIRGINIA CITY/COUNTY OF V►r�'Inia 1' co_h , to-wit: The foregoing instrument was acknowledged before me this 1 day of ul lA 2025, by Justin L. Erbe and Tara E. Erbe. . �+ (SEAL) IFIU inT Al It commonwealth of Virginia RNistratien No.00273055 My Commissw Expires Apr 30,2029 My Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS - REAL ESTATE ARVIEVER DEPUTY CITY ATTORNEY 6 5'DRAINAGE EASEMENT NOW OR FORMERLY ' k o M.B.106 PG.46 JONATHAN Q.ADAMS AND LISA L.ADAMS O M.B.106 PG.46 SAN MH ' ° GPIN: 14781805860000 20061204001802630. NOW OR FORMERLY RIM=12.04 '!� �� INSTRUMENT NO E.L.HUDSON AND PHYLLIS ANN HUDSON INV.4.69 PIN(F) M.B.106 PG.46 G S 88°15'00"E 180.00' GPIN: 14781824360000 D.B.1862,PG.643 J CO �G- _ a I o RIM=12.85 G \ 5'DRAINAGE EASEMENT N o I OB M.B.106 PG.46 NEW/RELOCATED 0 METAL MAILBOX 2 STORY o BRICK 0 o- t RESIDENCE HOUSE Z a #4804 Ix EXIST.POOL o \ +.g,3A O 9 ON CONC.SLA a ~ 3 A M.B.106 PG.46 (n PROPOSED PAVED E GPIN: 14781804840000 W o INSTRUMENT NO.20160714000605530 PAD TO FRONT y DOOR(10'x±97) cn 0 Im 010 CL x 0 J. O PIN(F) IL(F) O I = NOTE 1:THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT x o _ 0 I a CONSTITUTE A BOUNDARY SURVEY g391 N NOTE 2:THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF v J >- Q r r Z RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES x S 69 5149 �/ GWP` --N 84°04-07"W 8 10, I I~ BTEL .PED. x ° LAKE SMITH 5TRCP I - - 24"RCP x �" S 14°02'10"E 9.83' GPIN: 14696271750000 M.B.106 PG.46 DI:RIM : .32 PIN(F) N 88°15'00"W 145.88' r DI:RIM=11.13 DRIL IINV.7.2 : © I INV.7.77 HOLE(F) NOW OR FORMERLY MARGARET MOREAU PROPERTY LINE IS CENTERLINE INSTRUMENT NO.20131203001393880 20'DRAINAGE EASEMENT 10'STRIP OF PROPERTY OF CITY OF \ M.B.106 PG.46 M.B.106 PG.46 N. GPIN: 14781802890000 NORFOLK,VIRGINIA M.B.106,PG.46 APPLICANT: PROPOSED ENCROACHMENT PROJECT UNo.. Painted Fern NEW MAILBOX & PAVER WALK TO CURBLINETARA & JUSTIN ERBE Landscape Architecture EXHIBIT A: SHEET 1 OF 1 1716 Pleasure House Road. Ste. 105 DATE: JUN 10, 2025 0' 10' 20' 30'4804 HAYGOOD POINT ROAD Virginia Beach, VA 23455 VIRGINIA BEACH, VA 23455 757.982.4804 REV-3 SCALE:1"= 30' r MOULTRIE CIR Poo 10'Drainage`and �' .� UtilityKEa`es ment 44 r' O . O . Z y _ .6 5'Drainage and Utility Easement , 20'Drainage Ea�semenf MONTGOLFIER ARCH :;" LOCATION MAP ' ENCROACHMENT REQUEST r , FOR JUSTIN L. ERBE Legend = AND t . TARA E. ERBE 1478-18-0484 G P I N: 1478-18-0484 City PropertyMEMEL` _ I I Feet Prepared hv.1CS1PW Fnn\ nn Sunnnrt Services Nire.au\01\74\7095 1 rniec.tsVuc Ftles\AGFtJf)A .\l -18-04A4\1478-18-0484\147A-18-04A4 Aenal aprx SHORE DR �L SITE ok, OJ�� o� W o r z pRp — ch C� Ao'--_WESLE',,q���,NPR 1. G �o0 10' Drainage and Utility Easement v Drainage and Utility Easement 20' Drainage Easement El MONTGOLFIER ARCH LOCATION MAP ENCROACHMENT REQUEST FOR JUSTIN L. ERBE Legend AND TARA E. ERBE 1478-18-0484 �L7 G P I N: 1478-18-0484 0 100 200 ❑ City Property p I I I Feet Prnnared by.JCSyPW Fnn AFno Sunoort Services Rure.auA01\24V2025 If-AGI I IDA anrx CITY OF ■ 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. SECTIONDISCLOSURE MEN APPLICANT INFORMATION Applicant Name: as listed on application Tara & Justin Efb2 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? YesO No(�) if yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No(De If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO NoQ if yes, name the official or employee, and describe the nature of their interest. 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 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, © PNC Bank cross-collateralization, etc.) _ Real Estate Broker/Agent/Realtor O E) Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O Q Painted Fern Landscape Architecture; Jason Thomas Architect/Land Planner Construction Contractor e O Experience Concrete Design;Justin Erbe Engineer/Surveyor/Agent O O Hoggard-Eure Associates(Surveyor);J. Stephen Ferguson Legal Services APPLICANT CERTIFICATION READ: i certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Tara & Justin Erbe - f 06/18/2025 Applicant Name (Print) -Applican ignature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101. Z "Affiliated business entity relationship"means 'a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement rev. M a y-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application V +� � Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? Yes©Noq If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesQ 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-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/TaxReturn Preparation ," Architect/Designer/Landscape r©, O � F7 ( , 5 Architect/Land Planner lot Construction Contractor InEngineer/Surveyor/Agent J- � -���`' A Legal Services 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, 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. Property Owner Name (Print) P erty OIrvnerSignature Date Disclosure Statement I rev. May-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Equipment for 9-1-1 Call Processing MEETING DATE: August 12, 2025 ■ Background: The Public Safety Answering Points (PSAP) Next Generation 9-1-1 Additional Funding grant is offered through the Virginia Department of Emergency Management. The mission of this grant is to assist with the deployment of the Next Generation 9-1-1 initiative, a $50 million project aimed at upgrading the Commonwealth's 9-1-1 call infrastructure. This grant provides funding for Next Generation 9-1-1 recurring costs and/or pressing operational needs. Funding from this grant can be used for costs associated with PSAP equipment like netclocks, map displays, and CAD software, back- up 9-1-1 centers, training and professional development for staff, connectivity redundancy, consoles, chairs, and cybersecurity software. The Department of Emergency Communications and Citizen Services (ECCS) intends to spend the grant funds on equipment for ECCS staff, such as status bar lights for 9-1-1 workstations and new chairs for call-takers. ■ Considerations: There is no required local match for this grant. The grant period is July 1, 2025 to June 30, 2026. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Communications & Citizen Services City Manager:/" 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE EQUIPMENT FOR 9-1-1 CALL 3 PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $150,000 is hereby accepted from the Virginia Department of Emergency 9 Management and appropriated, with estimated revenues increased accordingly, to the 10 FY 2025-26 Operating Budget of the Department of Emergency Communications and 11 Citizen Services for the equipment to improve 9-1-1 call processing. 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: O�L gtw,/' Z 14 _-N B dget and Management Services y tto ey s Office CA16934 R-1 July 30, 2025 V e� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $75,000 for Mobile Security Camera Trailers MEETING DATE: August 12, 2025 ■ Background: The Department of Emergency Management has been awarded $75,000 from the Virginia Department of Emergency Management's 2024 Urban Area Security Initiative (UASI). The UASI assists with high-threat, high-density urban area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. The Urban Area Security Initiative FY 2024 Election Security Grant will be used for the purchase of two mobile security camera trailers for deployment at election sites. ■ Considerations: The Virginia Department of Emergency Management awarded this regional grant to the City of Virginia Beach after the regional committee applied for the grant. There is no local match required for this grant. The grant period is from October 1, 2024, to July 31, 2026. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Management City Manager:�� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $75,000 2 FOR MOBILE SECURITY CAMERA TRAILERS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1. $75,000 is hereby accepted from the Virginia Department of Emergency 8 Management and appropriated, with revenue increased accordingly, to the FY 9 2025-26 Operating Budget of the Department of Emergency Management for the 10 purchase of two mobile security camera trailers. Such trailers are intended to be 11 deployed at election sites. 12 13 2. Equipment purchased through this funding is not guaranteed to be replaced by the 14 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fl,;" (V=T1AL_/k��, lk-D Budget and anagement Services e s Office CA16936 R-1 July 30, 2025 (Su V Lj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding for First Responder Wellness MEETING DATE: August 12, 2025 ■ Background: In 2023, the Virginia Department of Criminal Justice Services started an initiative to expand training and resources for first responder wellness across the Commonwealth. This initiative was formalized as the Office of First Responder Wellness (OFRW) through an executive order in October 2024. As part of its mission, OFRW operates an annual grant program to first responder agencies and non-profit organizations to provide and facilitate training opportunities and establish or enhance wellness programs and peer support services to first responders. OFRW takes holistic approach to wellness and supports programs that address emotional, physical, and/or overall personal wellness. The Virginia Beach Sheriff's Office applied to the FY 2026 OFRW Grant to support the Office's Wellness and Resiliency Initiative. On June 10, 2025, the Sheriff's Office received an award letter for $14,884. If approved, funding will be used to support wellness training for Sheriff's Office personnel. ■ Considerations: There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Sheriffs Office City Manager:/00 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR FIRST RESPONDER WELLNESS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $14,884 is hereby accepted from the Virginia Department of Criminal Justice 8 Services and appropriated, with revenues increased accordingly, to Grants Consolidated 9 Fund for the Virginia Beach Sheriff's Office to support wellness and resiliency initiatives 10 for the personnel of such office. 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: 6 B dget and Management Services rney's Office CA16935 R-1 July 30, 2025 rr � ro >,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services for the Victim Witness Grant MEETING DATE: August 12, 2025 ■ Background: The Victim Witness grant is offered through the Virginia Department of Criminal Justice Services (DCJS). The mission of this grant is to provide information and assistance to victims and witnesses of crime in accordance with the Virginia Crime Victims and Witness Rights Act. The award amount is estimated annually as a part of the Operating Budget within the budget of the Commonwealth's Attorney. On June 27, 2025, the Office of the Commonwealth's Attorney received notification of the approved Victim Witness grant award of $586,169. The FY 2025-26 Adopted Budget included an estimate of $574,048 for the Victim Witness grant. Therefore, the additional $12,121 needs to be formally accepted and appropriated by the City Council prior to expenditure by the Commonwealth's Attorney. ■ Considerations: The grant is funded to the amount of$266,707 from the Federal government and $319,462 from the Commonwealth of Virginia, for a total of $586,169. There is no required local match for this grant, but the General Fund does provide additional support for the program. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: /�w 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR THE VICTIM WITNESS GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $12,121 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with estimated revenues increased accordingly, to the FY 10 2025-26 Operating Budget of the Commonwealth's Attorney for the Victim Witness grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services or ey's Office CA16932 R-1 July 30, 2025 K. PLANNING 1. KEVIN L. SULLIVAN TRUST for a Variance to Section 4.4.(b) of Subdivision regulations re lot width at 3840 Dawley Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. ANDREA MORRIS/ LYNNHAVEN MALL, LLC for a Modification of Conditions to a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway DISTRICT 3 RECOMMENDATION: APPROVAL 3. HALL OF VIRGINIA BEACH VI, LLC/AUTO PROPERTIES VIRGINIA BEACH VI, LLC for a for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales and services at 1875 & 1877 Laskin Road, and the parcel directly south of 621 Village Drive DISTRICT 6 RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH RESIDENCES, LLC/ BAKER ROAD PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning re construct a 375-unit multi-family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 RECOMMENDATION: APPROVAL 5. JEFFREY & KARIN BARRETT/JEFFREY GEORGE & KARIN AUGUSTINE BARRETT JOINT LIVING TRUST for a Conditional Use Permit re residential kennel at 2408 Needle Court DISTRICT 2 RECOMMENDATION: APPROVAL 6. LAVAR HYMAN /ANNARINO ENTERPRISES, LLC for a Conditional Use Permit re car wash facility at 4859 Dolton Drive, Unit A DISTRICT 3 RECOMMENDATION: APPROVAL 7. TINT DADDY OF VIRGINIA BEACH, LLC/ CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 101 DISTRICT 9 RECOMMENDATION: APPROVAL 8. MALINDA LYON for a Conditional Use Permit re short term rental at 304 28t" Street, Unit 210 DISTRICT 6 RECOMMENDATION: APPROVAL 9. JE &JK LTD, LLC for a Conditional Use Permit re short term rental at 401 21s' Street, Unit 3 DISTRICT 6 RECOMMENDATION: APPROVAL 10. DEBBIE ANDERSON / SHAUN & DEBBIE ANDERSON for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6-13 DISTRICT 6 RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Section 104 re change Short Term Rental Violations from civil penalty to criminal penalty RECOMMENDATION: APPROVAL 12. Ordinance to AMEND City Zoning Ordinance (CZO) Section 241.2 re Short Term Rentals RECOMMENDATION: APPROVAL 13. Ordinance to AMEND City Zoning Ordinance (CZO) Section 104 re civil penalties RECOMMENDATION: APPROVAL 14. Ordinance to AMEND City Zoning Ordinance (CZO) Section 106 re appeal period for notice of violation RECOMMENDATION: APPROVAL 15. Ordinance to AMEND City Code (Appendix B), Subdivision Regulations re update references to the State Code and the Erosion and Stormwater Management Ordinance RECOMMENDATION: APPROVAL 16. Ordinance to AMEND City Code (Appendix C), Site Plan Ordinance re update references to the State Code and the Erosion and Stormwater Management Ordinance RECOMMENDATION: APPROVAL °r < �1' NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 12,2025 at 6:00 p.m.in the Council Chamber at City Hall,Building i,2^d 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 VBN, 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 757-3854303 prior to 5:00 p.m.on August 12,2025. 2. Download WebEx and view the meeting at: https•//vbgov webex.com/weblink/rePister/r649704f5O3bba3a383lf72e9Obelf6e5 The following requests are scheduled to be heard: Kevin L.Sullivan Trust(Applicant&Property Owner)Subdivision Variance(Section 4.4(b)of Subdivision Regulations) Address:3840 Dawley Road GPIN:241-1484675 Ctty Council:District 2(Henley) Andrea Morris Property Owner:Lynnhaven Mall LLC Modification of Conditions(Outdoor Recreational Facility)Address: 701 Lynnhaven Parkway GPIN:1496350434 City Council:District 3(Berlucchi) Hall of Virginia Beach VI,LLC Property Owner:Auto Properties Virginia Beach VI,LLC Modification of Conditions(Motor Vehicle Sales&Service)Address:1875&1877 Laskin Road,and the parcel directly south of 621 Village Drive GPINs: 2407574760,2407572632,and 2407578547 City Council:District 6(Remick) Virginia Beach Residences,LLC Property Owner:Baker Road Properties LLC Modification of Proffers Address:1276 Baker Road&vacant parcel north of 1276 Baker Road GPINs:1469005850,1469014520 City Council: District 4 (Ross-Hammond) Jeffrey&Karin Barrett Property Owners:Jeffrey George&Karin Augustine Barrett Joint Living Conditional Use Permit (Residential Kennel)Address:2408 Needle Court GPIN:1474550319 City Council:District 2(Henley) Lavar Hyman Property Owner:Annarino Enterprises LLC Conditional Use Permit(Car Wash Facility)Address:4859 Dolton Drive,Unit A GPIN:14772044383530 City Council:District 3(Berlucchi) Tint Daddy of Virginia Beach,LLC Property Owner:Clemson JBS,LLC Conditional Use Permit(Automobile Repair Garage) Address:4912 Rutherford Road,Suite 101 GPIN:1479233301 City Council:District 9(Schulman) Melinda Lyon(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:304 28th Street,Unit 210 GPIN:24280028662010 City Council:District 6(Remick) JE&JK LTD,LLC(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:40121st Street, Unit 3 GPIN:24270854826390 City Council:District 6(Remick) Debbie Anderson Property Owner:Shaun&Debbie Anderson Conditional Use Permit(Short Term Rental)Address: 2113 Atlantic Avenue,Unit 6-B GPIN:24271868788350 Ctty Council:District 6(Remick) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL VIOLATIONS CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTALS CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE PERTAINING TO CIVIL PENALTIES CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 106 OF THE CITY ZONING ORDINANCE PERTAINING TO APPEAL PERIOD FOR NOTICE OF VIOLATION CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND THE CITY CODE,APPENDIX C,SITE PLAN ORDINANCE,TO UPDATE REFERENCES TO THE STATE CODE AND THE EROSION AND STORMWATER MANAGEMENT ORDINANCE CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND THE CITY CODE,APPENDIX B,SUBDIVISION REGULATIONS,TO UPDATE REFERENCES TO THE STATE CODE AND THE EROSION AND STORMWATER MANAGEMENT ORDINANCE Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JULY 29,2025&AUGUST 5,2025-1 TIME EACH I/ A ti '9 o Oq p A.G2 CAG2 AG2 Q AG1 71 a� Q 0 a o 0 0 0 a ® site " 0 Zoning Kevin L. Sullivan Trust WE 0 Property Polygons 3840 Dawley Road s Building Feet 0 95 190 380 570 760 Map created by Planning Department on 6/25/2025 Nu a•� ro.*°r" tea'•g,� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEVIN L. SULLIVAN TRUST [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations for Lot Width) for the property located at 3840 Dawley Road (GPIN 2411484675). COUNCIL DISTRICT 2 (Henley) MEETING DATE: August 12, 2025 ■ Background: The subject property is approximately 36 acres and is located within the AG-1 and AG-2 Agricultural Zoning Districts. For residential uses, the AG-1 and AG-2 Zoning Districts require a minimum lot size of one acre and a minimum lot width of 150 feet, measured at the 50-foot front yard setback. The applicant seeks to subdivide the parcel to create two single-family lots. One parcel would be 11.12 acres in size with a 20-foot lot width and the other would be 24.87 acres in size with a 136-foot lot width. While both proposed lots would meet the lot size requirements, both would be substandard in lot width, thereby necessitating a Subdivision Variance. ■ Considerations: At its 36-acre size, the parcel would normally be large enough to subdivide while meeting the one dwelling unit per 15-acre density limit of the Agricultural (AG) Zoning District. However, due it its irregular shape and limited street frontage, it is unable to be subdivided by-right as its 156-foot lot width is not large enough to create two, 150-foot-wide lots to conform with the dimensional requirements of the Zoning Ordinance. The property owner has proposed lot widths of 136 feet and a 20-foot-wide flag lot. Several parcels along Dawley Road were developed prior to the establishment of the City's Zoning Ordinance and similarly do not meet the present Zoning requirements for lot width. In Staffs opinion, this request aligns with the character of the surrounding area, with six of the applicant's neighbors providing letters of support to that effect. One letter of opposition was received from a neighbor noting that they are unable to subdivide their own 3-acre parcel. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received about the request. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Kevin L. Sullivan Trust Page 2 of 2 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 3. A 50-foot wide, vegetative buffer as set forth in the Rural Area Development Guidelines of the Comprehensive Plan, shall be required along property lines abutting agricultural operations. 4. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lot 8-A-1 as Shown on Resubdivision of Lot 8-A and Site `H-1"' dated March 28, 2025, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and are incorporated herein by this reference. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (6) Letter(s) of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /� Agenda Applicant and Property Owner: Kevin L. Sullivan Trust Planning Commission •lic Hearing: July 9, 202S Va- City Council Project Details Request Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for Lot Width) ' 1 7J �r Staff Recommendation Approval / a y f Staff Planner Aubrey A.Trebilcock Location _ a_ 3840 Dawley Road `� r ` GPIN 2411484675 ' Site Size x: 36.06 acres AICUZ Less than 65 d6 DNL Watershed Southern Rivers Existing Land Use and Zoning District , ! Single-Family Dwelling/AG-1 &AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-Family Dwellings/AG-1 &AG-2 Agricultural South Single-Family Dwellings, farm/AG-1 &AG-2 Agricultural East Single-Family Dwellings, farm/AG-1 &AG-2 Agricultural West Dawley Road Single-Family Dwelling, farm/AG-1 &AG-2 Agricultural Kevin L. Sullivan Trust Agenda Item 7 page 1 of 12 Background SummaryofProposal • The subject property, known as Lot 8-A-1, was legally created by a resubdivision plat (Instrument Number 202207000073) recorded on April 15, 2022. • Lot 8-A-1 is approximately 36 acres and is located within the AG-1 and AG-2 Agricultural Zoning Districts. For residential uses, the AG-1 and AG-2 Zoning Districts require a minimum lot size of one acre and a minimum lot width of 150 feet, measured at the 50-foot front yard setback. A maximum residential density of one dwelling unit per 15 acres of Class 1 and 2 soils is permitted. Lot 8-A-1 meets all standards of the Zoning Ordinance. • The applicant seeks to subdivide Lot 8-A-1 into two single-family lots. Proposed Lot 8-A-2 would be 11.12 acres in size with a 20-foot lot width.The proposed "Remainder of Lot 8-A-1" would be 24.87 acres in size with a 136-foot lot width. While both proposed lots would meet the lot size and density requirements, both would be substandard in lot width. A Subdivision Variance must be granted to permit the proposed lot widths. ProposedRequired Proposed Required Proposed Lot 8-A-2 150 20* 1 11.12 Remainder of 150 136* 1 24.87 Lot 8-A-1 Kevin L. Sullivan Trust Agenda Item 7 page 2 of 12 Zonine History Map Key No. Request 4, 1 CUP (Home Occupation)Approved 1 06/28/1994 AG2 `pQ'2f i 2 CUP (Horse Riding Academy, Horse Boarding)Approved 01/22/2002 3 CUP(Horse Riding Academy) v Approved 04/22/2008 '- ._....` Z 4 CUP(Horse Riding Academy, Horse - Boarding)Approved 07/01/2008 3 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 • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. T4~Kevin L. Sullivan Trust Agenda Item 7 page 3 of 12 At its 36.06-acre size, Lot 8-A-1, is a parcel that would normally be large enough to subdivide while meeting the one dwelling unit per 15-acre density limit of the Agricultural (AG) Zoning District. However, it is unable to be subdivided by-right as its 156-foot lot width is not large enough to create two, 150-foot-wide lots to conform with the dimensional requirements of the Zoning Ordinance. The property owner has proposed lot widths of 136 feet and a 20-foot-wide flag lot. Several parcels along Dawley Road were developed prior to the establishment of the City's Zoning Ordinance and similarly do not meet the present Zoning requirements for lot width. In Staff's opinion, this request aligns with the character of the surrounding area, with four of the applicant's neighbors providing letters of support to that effect. To further ensure preservation of the character of the "Rural Area" of the City, Staff is also recommending a condition that requires the newly constructed dwelling to contain some elements of the architectural design that are consistent with the recommendations in the Comprehensive Plan's Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side-loading garage. Based on the above considerations, Staff is recommending approval of the variance request subject to the conditions provided below. Recommended Conditions 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 3. A 50-foot wide, vegetative buffer as set forth in the Rural Area Development Guidelines of the Comprehensive Plan, shall be required along property lines abutting agricultural operations. 4. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lot 8-A-1 as Shown on Resubdivision of Lot8-A and Site 'H-1"' dated March 28, 2025, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and are incorporated herein by this reference. 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. Kevin L. Sullivan Trust Agenda Item 7 page 4 of 12 Comprehensive Plan Information The Comprehensive Plan designates the subject property as being within the Rural Area.The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural-related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks,fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. (p. 1.113 - 1.128) 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. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT' Dawley Road No Data Available No Data Available Proposed Land Use 3-20 ADT1 1 Average Daily Trips 2As defined by a 'As defined by two single-family dwelling single-family dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This portion of Dawley Road is considered a two-lane rural roadway.There are no CIP projects slated for this roadway. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Kevin L. Sullivan Trust Agenda Item 7 page 5 of 12 Public Utility Impacts Water City water is not available for connection. The proposed lots will be required to obtain approval from the Department of Public Health for well water. Sewer City sanitary sewer is not available for connection.The proposed lots will be required to obtain approval from the Department of Public Health for on-site septic systems. Public Outreach Information Planning Commission • The applicant reported that they met with adjacent property owners, and no objections were raised. Four letters of support have been received by Staff. • 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,July 29, 2025 and August 5, 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 July 28, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on August 8, 2025. Kevin L. Sullivan Trust Agenda Item 7 page 6 of 12 LOr1 LOFT PAWIR I Nf IRi0.'7'L A'4106 NfS owa LYN911" ( Nf CLAREAVEP.OSBORN& b " U A)VO 4W I /A1VIR N7/(l1lkKR27/ 1 i .atYrtl<Eo OS9Q9V • I R lA61R N7FI-4'j*f// I CPM^NfLIAtIM i i /N:$rR a7.'2r2NL7dv�J (•FA'x11JPJ7Bd 5i 1I11I.4AKS9 375.5J7B4 H296'.----�- N: 37i7Afi' m PARCEL A.1 f(r�VOT41 I� ' Nf,JAN;ESH CrWNd NiS121)n 150.9301A Lord EASEMENT i = L154 OOCOn50t EN NF lu (0.8 J07,M+.elitFfi un ; , (WWM AV2102A%W327/ „ (OBTISI PO 7Af/ I l� GAY xI,n,Yl7 PAACk7 A-1 • I WA 4AZLIN All 5M'1317'E /NWIR.'q�09J.RV1d059.i= R LKX7IAPAANeAssa'N)ES AF c SRO'SS73'E CNNxII-SgASSp • ��``•. 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NA`�'m�/ — LOT Sd-2 m S r87,8268.f.OR 11.199 AC. APPROVED____ ___-__------_ __—b PARCEL AREA TABU FUMING DIRECTOR, EQ CITY OF VIRGINIA BEACH,VIRGINIA tor-c E F'' souME AlAFX ISM SEcnowJ 0E&AraArmV W r .V`ZF TRYO OERHOWA IdPElN.0 h DIRECTOR PIAG (S SiNP GTNIT]AS 'L47 M CITY of VIRGINIA BEACH.Varou (.NSm.NAVILKVDAN) PG AI an[.aR,.u*oaAin-e�..A_tv i nn MM.tl1N0 MI99H91N91.af Lasxxn,9Taser _________ ____________________ TH f/P_ _ Tarn. Tuna RNIF 1J.L d, LEGEND ----� __________________- : IP. mc cOTo « j.,c7fwa"NArEASEA�NT SUBDIVISION PLATMICHAFL&GADDT> EgSTWG RIGHT OF WAY LINE SECrA'N,I = i 1U'/KJBLAC B7N PC A.9) LK.No.))S$ —'--- Nf WAAM R.AL/Off '(•-AgINICE-A%aCVr , ' OF ADIACEIRPROPERTY LINE AyCSTR N2YNJ I JUB 7.yE PG.W) ' ' cPvrdl,.zcnw ' ' pFcec LOT&A-1 " o� EXISTING PROPERTY NINE ; 1 ; LTPAMIGFEASEd16P1•^ f._ I y aPtea rAf8.M AG AV ; ; AS SHOWN ON RESUBDIVISION OF ' S11NV6 7z EMISTING PROPERTY NINE YAGATED ___._ ' , • . LIPAAVAGEEASEAVE 6 i dp aBrn,Gm/ � �i � LOT B_A AND SITE H1 < PtOPOSmPppPERTY ME Lor-E t___L______________________1 ; I (INSTRUMENT202207000073) r__ ____ _______ _....EXISTING EASEMENT LINE ___ _________1 SEL'TKW1 � ; ' VIRGINIA BEACH,VIRGINIA __ IIAFJ4 ESWnsnvA ' ' it r PROPCKEOEASEMENTLME 827' N'PRIVATF , r y, MARCH 28,2025 D OB 17Je PO 1ANf/ I I 7[ .: t1CRESBEGrLESB GADDY OTa Ln NON PBI FOUND-PMFI CAN Ntf?14W FASFEENTFpPM1 APPROTAWFiLXAnay 1 'Q fD L1FR000ZOWLNIFAS if GRAPHIC SCALE IRON P99 SET.PMIs) L lJ/ $=FD")mFLRAL 0 100 20D 37J• UNABLE TO SET-UTSIS) La8'1R .. c GONG.STEEL PIN FGua.PSNF ——'— I I I; CONTAC? (D • DOM STEELM SET-PI(S) JTF AWAYIAJ rWr,14 Mt'N11W 939,tI1F�p1599.131PU7) SREK/4 F OD ACHAELS GMV!.PE LS �I — SECTKN l rNS R X IMI2ft13" NT KLTY/L suLIVAN I; 77.BR5a1 9H 91EET 1 fOR NOTES ANDCERIFIG1M9M8 1 GPNY rr.a4,irAaS IIff 1--h 1 /eXSIR.TktTAX15&iFi yg); IlkYP N.OIRWfCN.RD.VATEO O fD (YNId1JSAdSSP RIf ( SHEET 2Of 2 Na NueEncN r sl F-A C Site Photos a �Ir1 a r. a.' *,a Kevin L. Sullivan Trust Agenda Item 7 page 8 of 12 Site Photos t q� its h a ;, .• ,`.: .,z ter_ �= � �.�� � ' 4 M. r VB_ CITY Disclosure StatementDisclosureVIRGINIA 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 far all applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Kevin L Sullivan Trust Is Applicant also the Owner of the subject property? YesO Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO Noo If yes,name Representative: Lauren Sullivan w Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary;or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) 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 NoQ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andjor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, Q TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement i rev. M a y-2024 page 1 of 3 Kevin L. Sullivan Trust Agenda Item 7 page 10 of 12 SECTIONDisclosure Statement * * , 'YES NO SERYf[E PRCiMER Atone ent a Accaurttang/Tax Return atim+ ETA C d1 6ro'YKAY. PC ArChitect/Des16ner/UodWW Archteq8tad PWww construction contractor 0 0 / £n n�rer/ irveyor/A ent 0 1 t fa i Services APPUCANT CERTIFICATION Ni D.-l certify that alimformotion contained in this Fran»is corn .true;and accurate.}understand that, upon.rec ,pt of notrfirotratn that the application hvs its schedukedfor public twarinq,i am responsible/Or updating the information provided herein three weeks prior to the meeting Of "Commission.City Council,VBDA,CODA,Wetlands 800rd at any public body or o tee In r with this appi `ation: 1 All; AppfiCant Name(Print) nt Sign#turf t Iftmittsubsidiary rrWwaship'Inca areiati that gists wheft one corporatkin directly or tlfift s shares POWsag more t rrent of the voting power of anoth t cor ate." Set ,State and Local roMe"t C`arrfirt t cif Interests Art.VA.Lade#2-2.3101, 'Affiliated? slt entr'ly felob0fthIP,means 00 rektionship,fit*than relationship, that ead$ one bUSIntS4+tinily has a tontrallin o nhip rare t In the otb r busuie$s,entity'14) a cant r in one entity is 040 a rontrothng owner in the other entity,or(W)thers is smfird monageivent of cootAtofbetween the busjaM outwes,( tors tftt shoWd be considered W determMino the existence of an affiho d dress entity ltwion ` blade that the some the Saw pent own or manage.the two entice Merr^ate comma"orrrrrt m#* d furl or 00et<the business entf(jAps share the use of the same "ices or empNyees Of otherwise sham activities,resources at pmoond on*,replar bass or there is Otherwise a close working relation , feet entities r< .. c°Fier°;7P &s s s .""IP t tom ` « S°. 101 FOR CITY USE ONLY:No changes,is of(dite(' (�C1.7/25 2 5 Aubrey Trebil4�kGie - 07 25 25 Staff Name(Print) Staff Signature Date th'-Ciuswre slaserr*nt J rev May-2024 Page 2 of 3 Kevin L. Sullivan Trust Agenda Item 7 page 11 of 12 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. Kevin L. Sullivan Trust Agenda Item 7 page 12 of 12 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #07 Kevin L. Sullivan Trust Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. The next item on our agenda is item 7, Kevin L. Sullivan Trust property owner for subdivision variance. Is there a representative? Thank you. Please state your name for the record. Ms. Sullivan: My name is Lori Sullivan. Mr. Coston: Thank you. Are the proffers acceptable to you? Ms. Sullivan: Yes, sir. Mr. Coston: Thank you. You may be seated. Ms. Sullivan: Thank you. Mr. Coston: Is there any objection to this item being placed on the consent agenda? There being none. We've asked Commissioner Cromwell to read this item into the record. Mr.Cromwell: The subject property known as Lot 8-A-1 was legally created by a resolution plat recorded on April 151h, 2022. Lot 8-A-1 is approximately 36 acres and is located within the AG- 1 and AG-2 agricultural zoning districts. Lot 8-A-1 meets all standards of the Zoning Ordinance. The applicant seeks to subdivide lot 8-A-1 into two single family lots. Seeing there are no speakers and upon approval of staff,we recommend this for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr.Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda,your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Approval from the Virginia Beach Department of Public Health shall be required for development on each lot. 3. A 50-foot wide, vegetative buffer as set forth in the Rural Area Development Guidelines of the Comprehensive Plan, shall be required along property lines abutting agricultural operations. 4. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lot 8-A-1 as Shown on Resubdivision of Lot8-A and Site 'H-1" dated March 28, 2025, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and are incorporated herein by this reference. 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. RE:3840 DawleV Road,Virginia Beach,VA 23457 Subdivision To Whom It May Concern: As the property owner of the address listed below and neighbor to the referenced property applying for subdivision, I am in support of the subdivision of 3840 Dawley Road,Virginia Beach,VA 23457 from one lot into two lots. Printed Name: Address: G'D 4 Date: Signature: RE:3840 Dawley Road,Virginia Beach,VA 23457 Subdivision To Whom It May Concern: As the property owner of the address listed below and neighbor to the referenced property applying for subdivision,I am in support of the subdivision of 3840 Dawley Road,Virginia Beach,VA 23457 from one lot into two lots. Printed Name: I. Address: -"-4 —b/q yi L e L ' �, Q 5 Signature: � Date: 4 i :In h� RE:3840 Fawley Road,Virginia Beach,VA 23457 Subdivision To Whom It May Concern: As the property owner of the address listed below and neighbor to the referenced property applying for subdivision,I am in support of the subdivision of 3940 Dawley Road,Virginia Beach,VA 23457 from one lot into two lots. Printed Name: KCkL-, Lkll-e- \ rl Address;) V(a N Signature: j Date: XL ti rf 14 RE: 3840 Dawiey Road,Virginia Beach,VA 23457 Subdivision 7o Whom It May Concern: As the property owner of the address listed below and neighbor to the referenced property applying for subdivision,I am in support of the subdivision of 3840 Dawley Road,Virginia Beach,VA 23457 from one lot into two lots. Printed Name; L v) Address: ; 4 v-)i '.t� Ic_.. OYA 0 Vo,. -e.0 t�� �r� •��L{ r57 T Signature: L ,Vlv Date: { .: RE-3840 Dawley Road,Virginia Beach,VA 23457 Subdivision To Whom It May Concern: As the property owner of the address listed below and neighbor to the referenced property applying for subdivision,I am in support of the subdivision of 3840 Dawley Road,Virginia Beach,VA 23457 from one lot into two lots. Printed Name: C(ly-,-' kit.) 5 Brif+Orl Address: ci w 1,g r li/A- 2-1 Signature:j Date: 01 Z5 RE: 3840Dawley Road,Virginia Beach,VA234BSubdivision Tn Whom|t May Concern: As the property owner of the address listed below and neighbor to the referenced property applying for � subdivision, {arnin support of the subdivision of3B4ODaw|ey Road,Virginia Beach,VA2]457 from one « lot into two lots. � Printed Name: � Address: Signature-, 4� From: ion king To: Kristin A.Bauer Subject: Kevin I Sullivan trust Date: Tuesday,July 8,2025 4:20:44 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello,my name is jon king and I back up to this property that is asking to subdivide the property. If I can't subdivide my property for a family member like it used to be prior then I oppose of this as well. Unfortunately i had a double lung transplant and I'm out of the area and my wife is with me so we can't sign up to talk but I figured you can pass my response on.Don't set precedent and allow this. Thank you, Jon King 757-617-2300 liry i � LY.NNH. EN MqL�1p O no �-j a NORTH EAST t B2 ._w:,,. WALL DR"ILA B2 _ — FERRY FARM 17r_j®LN cn GREEN DR 'p C3 = EAST MALL INTERNATIONAL BOWLING DR �PKWY l tLr► B 2 x B- C ILL o ` IOENTRY BZ r D SOUTlI EAST Ca Q [-I I ,I� ` MALL pR C� c l cf) CD i1 COACH HOUSE LN C� QC3 B2 k ASHLAWN TER i gLVD `� BOW.CREEK � �� � ® Site N p zoning Andrea Morris W*l: (� Property Polygons 701 Lynnhaven Parkway s [� Building Feet 0 120 240 480 720 960 Map created by Planning Department on 6/25/2025 h 7) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANDREA MORRIS [Applicant] LYNNHAVEN MALL, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Outdoor Recreational Facility) for the property located at 701 LYNNHAVEN PARKWAY (GPIN 1496350434). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: August 12, 2025 ■ Background: In 2024, City Council approved a Conditional Use Permit to operate an inflatable park on an outparcel of the Lynnhaven Mall Shopping Center. The applicant seeks to modify the conditions of the previous approval, which limited the inflatable park operation to March through September, to now include the months of October and November. No other changes are proposed with this request. The park will continue to operate seasonally, seven days per week from 10:00 a.m. to 7:00 p.m. ■ Considerations: Except for the extended operating period, the proposed use will continue to operate within the same footprint and in accordance with the previously approved conditions. The outdoor recreational use is appropriate in this commercial area with provisions in place to minimize impacts to adjacent residences. The applicant provided flyers to the adjacent homes on the opposite side of South Lynnhaven Road to inform them of the proposal to extend their operation into October and November. Concern was raised by one adjacent neighbor regarding noise from the music amplified on site. To address these concerns, the applicant has provided their contact information should there be future concerns. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There was no opposition to this request at the Planning Commission hearing. ■ Recommendation: On July 9, 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 approval of April 2, 2024 shall be voided and replaced with the following conditions below. 2. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMW, Andrea Morris Page 2 of 2 dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The use of amplified speakers for announcement and music purposes are permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. 4. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 5. The operations of the Inflatable Park shall be limited to the months of March to November. 6. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 7. All inflatables shall be deflated at the close of business every evening. 8. The applicant shall obtain all necessary permits and inspections prior to operating. 9. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 10.Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: �b� Agenda A••licant: Andrea Morris Property Planning Commission ' • ' 2025 CouncilCity :- Project Details Request Modification of Conditions (Outdoor Recreational .r Facility) y�p� �•R� 0 Staff Recommendation Approval Staff Planner Kristin Bauer Location 701 Lynnhaven Parkway GPIN 1496350434 Site Size 2.8 acres (29.05 acres shopping center) AICUZ --, Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay YH Existing Land Use and Zoning District - Mixed Retail, restaurants/ B-2 Community Business ► - Surrounding Land Uses and Zoning Districts North D` r Lynnhaven Mall Loop - Mixed Retail/ B-2 Community Business . °"` South �< VD Y "'tY,""XA tt1MACL LGo. y P ��SI �4 Lynnhaven Mall Loop Mixed Retail, restaurants/ B-2 Community Business East Lynnhaven Parkway Mixed Retail, restaurants/ B-2 Community Business West South Lynnhaven Road Single-family dwellings/R-7.5 Residential ,'�ndrea Morris Agenda Item 8 page 1 of 14 Background SummaryofProposal • On April 2, 2024, City Council approved a Conditional Use Permit for an Outdoor Recreational Facility to operate a 40,000 square foot inflatable park on this 2.8-acre, B-2 Community Business District zoned parcel located within the Suburban Area. • The applicant seeks to modify Condition 4 of the 2024 Conditional Use Permit, which currently restricts operation of the inflatable park to the months of March through September.The applicant is requesting to extend the operational period to include October and November. • As with the previous application, this use will occur on an outparcel of the Lynnhaven Mall within an existing parking lot. The operation of the park is seasonal and expected to occur annually, if approved, from March to November. When all operations cease for the season, the inflatable park will be removed from the property. • The proposed use will consist of four inflatable structures.The structures will be deflated every night in no more than 20 minutes. Included on the property will be limited concessions, portable restrooms, and handwashing stations that are to be serviced daily. Hours of operation are 10:00 a.m. to 7:00 p.m., seven days a week. 15 employees are anticipated. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. • A total of 5,241 parking spaces are required for the mall, while a total of 5,396 parking spaces are provided. The proposed Outdoor Recreational Facility will occupy 142 parking spaces, leaving a total of 5,254 available parking spaces; therefore, the parking requirements will continue to be met onsite. • The Inflatable Park will be enclosed with a 6-foot-tall chain link fence that will be covered in black mesh. There are no proposed changes to the existing landscaping and no proposed signage associated with the proposal. Andrea Morris Agenda Item 8 page 2 of 14 HistoryZoning Map Key No. Request 1 CUP (Outdoor Recreational Facility) � Approved 04/02/2024 , CUP (Tattoo Parlor& Body Piercing tT5 Y 1 2 Establishment) Approved 06/19/2019 3 MEV Approved 02/07/2018 L` CUP(Indoor Recreational Facility) 4 Approved 11/17/2015 5 CUP (Self-Storage) Approved r , 07/14/2015 • , ., ;: ` 6 CUP (Tattoo Parlor) Approved 07/09/2013 CUP (Indoor 7 Recreational/Entertainment) Approved 01/08/2013 CUP (Indoor Commercial 8 Recreational Facility) Approved 06/23/2009 9 CUP (Commercial Recreational Facility) Approved 02/13/1998 10 CUP (Car Rental) Approved 06/10/1992 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers FVR: Floodplain Variance REZ: Rezoning MEV., Major Entertainment ALT Alternative Compliance CRZ: Conditional Rezoning Venue Sign SVR:Subdivision Variance MDC:Modification of NON: Nonconforming Use LUP: Land Use Plan Conditions STC:Street Closure STR:Short Term Rental Andrea Morris Agenda Item 8 page 3 of 14 Evaluation • • • The request for a Modification of Conditions for the Outdoor Recreational Facility is, in Staff's opinion, acceptable. This property is located in the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses which this use is considered.The Inflatable Park will continue to be temporarily located within the existing south-western portion of Lynnhaven Mall parking lot. This portion of the property is located within the greater than 75 dB noise zone of the Air Installation Compatible Use Zones (AICUZ). Many uses within these noise zones are restricted, as identified in Article 18 of the Zoning Ordinance; however, the use of Outdoor Recreational Facilities is considered compatible. As noted with the previous application, a chain link fence with black mesh will enclose the perimeter of the inflatable park to ensure visitors to the park, including children, will be contained within the designated footprint. While Staff would not generally support the use of a chain link fence, since the proposed use is temporary in nature and will not be permanently installed on the site, staff is agreeable to its use. Furthermore, the black mesh will provide a certain amount of screening from the adjacent roadway and residential properties. Staff does not foresee any adverse impacts to the surrounding properties as a result of the proposed extension of operating times, and for this reason and those stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approval of April 2, 2024 shall be voided and replaced with the following conditions below. 2. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMK", dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The use of amplified speakers for announcement and music purposes are permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. 4. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 5. The operations of the Inflatable Park shall be limited to the months of March to November. 6. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 7. All inflatables shall be deflated at the close of business every evening. 8. The applicant shall obtain all necessary permits and inspections prior to operating. Andrea Morris Agenda Item 8 page 4 of 14 9. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 10. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new 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. Previous • • • from 124 Conditional Us- Permit 1. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMK", dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The use of amplified speakers for announcement and music purposes are permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. 3. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 4. The operations of the Inflatable Park shall be limited to the months of March to September. 5. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 6. All inflatables shall be deflated at the close of business every evening. 7. The applicant shall obtain all necessary permits and inspections prior to operating. 8. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 9. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Andrea Morris Agenda Item 8 page 5 of 14 Comprehensive Plan Information The Comprehensive Plan designates that this property is located within the Suburban Area of the city. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character.The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses, including the proposed temporary use, in such a way that the stability of the Suburban Area is maintained. 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. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use '—0 ADT S. Lynnhaven Road 13,600 ADT' 31,100 ADT 1(LOS 4 "D") Proposed Land Use 3-No Data Available Existing Land Use Z-0 ADT Lynnhaven Mall Loop No Data Available' No Data Available' Proposed Land Use 3-No Data Available ' Average Daily 2As defined as 3 No information 4LOS = Level of Trips defined by 142 available in the ITE Trip Service parking spaces Generation Manual for eventvenues Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This segment of S. Lynnhaven Road is a four-lane undivided minor urban arterial roadway. This segment of Lynnhaven Mall Loop is a three-lane collector roadway. Neither road is designated on the City's Master Transportation Plan and they are not listed in the CIP to be upgraded. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Andrea Morris Agenda Item 8 page 6 of 14 Public • . Water&Sewer The project site is not connected to City sewer or water. Public Outreach Information Planning Commission • The applicant reported that they met with several surrounding property owners and distributed informational flyers outlining the proposal, and no objections were raised. • 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,July 29, 2025 and August 5, 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 July 28, 2025 • The City Clerk's Office posted the materials associated with the application on the City Council website of clerk.virginiabeach.gov/city-council on August 8, 2025. Andrea Morris Agenda Item 8 page 7 of 14 Proposed Layout W TURD;GUEST AREA GENERATOR RE5TROON5 E W TICKET BOO-H �TO*JDt.ER PARK FERiM-ITR FENCE-t, 3� „ -—CIRCULATION dP Vo ly ae a f e; Tfi w TF it - i t H 3 _. sf .m g �t Y Andrea Morris Agenda Item 8 page 8 of 14 Site • • T 49 W a b i- � K try AN Andrea Morris Agenda Item 8 page 9 of 14 Disclosure CITY OF V-6, 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 ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Andrea Morris Is Applicant also the Owner of the subject property? Yeso Nooi 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? Yes(3Noo 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.) Andrea Morris-Owner,Kevin Morris-Owner Does the subject property have a proposed or pending purchaser? Yes No if yes,name proposed or pending purchaser. _ _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes'`) No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor (D o Disclosure Statement I rev. May-2024 page 1 of 3 Andrea Morris Agenda Item 8 page 10 of 14 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation 0 19 Architect/Designer/Landscape Architect/Land Planner Construction Contractor C) 1 0 Engineer/Surveyor/Agent ® 0 Legal Services o 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. Andrea Morris area An, � 04/25/2025 Applicant Name(Print) Applicant Signature Date s"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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(lii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or Mere 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): Kristin Bauer 07/29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Andrea Morris Agenda Item 8 page 11 of 14 SECTIONDisclosure Statement - •P OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Lynnhaven Mall LLC Is the Owner 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'relationship with the applicant.(Attach list if necessar .) Lynnhaven Mall LLC,Brookfield Properties Retail Holding LLC,Brookfield Properties Retail Inc, Brookfield Property Partners LP Does the subject property have a proposed or pending purchaser? Yeso Noo If yes,name proposed or pending purchaser: N/A KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o No�} If yes,name the Yfficial or employee,and describe the nature of their interest. na 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-collateralization,etc.) Real Estate Broker/Agent/Realtor o Accounting/Tax Return Preparation Architect/Designer/Landscape O Architect/Land Planner _ Construction Contractor 0 0 Engineer/Surveyor/Agent _O Legal Services O PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein t,�-Week gdo ''the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or a. public, mmittee in_ pttneClign with this application. Michael Harris i 1 4/30/25 Property Owner Name(Print Property Owner Signature Date Disclosure Statement I rev. May-2024 page of 3 Andrea Morris Agenda Item 8 page 12 of 14 Disclosureof • CERTIFICATE OF AUTHORITY LYNNHAVEN MALL L.L.C. I, the undersigned, being the duly appointed Vice President & Secretary of Lynnhaven Mall L.L.G., a Delaware limited liability company with its principal place of business at 110 N. Wacker Drive, Chicago, 1L 60606, hereby represents and warrants that: 1. Lynnhaven Mall L.L.C. is the owner of the property commonly referred to as Lynnhaven Mall in Virginia Beach,Virginia. 2. This certificate is being delivered in connection with any contract, permit, application or non-monetary letter agreement pertaining to Lynnhaven Mall by and between Lynnhaven Mall L.L.C. and the City of Virginia Beach and/or the county in which Lynnhaven Mall is located; and 3. Michael Harris, General Manager of Lynnhaven Mall, is an authorized signatory for Lynnhaven Mall L.L.C. and as such is authorized to execute any necessary instrument pertaining to item 2. above. IN WITNESS THEREOF, I have hereunto subscribed my official signature this 10th day of November, 2015. Stacie L. Herron State of ILLINOIS County of COOK Personally appeared before me, a Notary Public in and for the County and State aforesaid, Stacie L. Herron who is personally known to me and the same person who executed the foregoing certificate. Witness my hand and notarial seal, in the County and State aforesaid, this 10th day of November, 2015. Christina L. Urbanski, Notary Public My Commission Expires 04/10/2019 OFfiCiAl SEALWAR OF UMM , �»II�AN&KI E NIMi1 AN 10,2010 Andrea Morris Agenda Item 8 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. Andrea Morris Agenda Item 8 page 14 of 14 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #08 Andrea Morris Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Next item is item#8. Andrea Morris,property owner for modification of conditions. Please state your name for the record. Ms. Morris: Hi, good afternoon. I'm Andrea Morris. Mr. Coston: Are the proffers acceptable to you? Ms. Morris: Yes. Thank you. Mr. Coston: You may be seated. Is there any objection to this item being placed on the consent agenda? There being none,we've asked Commissioner Anderson to read this item into the record. Mr.Anderson: Thank you Vice Chair. On April 2°d,2024,City Council approved a Conditional Use Permit for an Outdoor Recreational Facility to operate a 40,000 square foot inflatable park on this 2.8 acre B2 Community Business District zone parcel located within the suburban area. The applicant seeks to modify the condition number four of the 2024 Conditional Use Permit, which currently restricts operation of the inflatable park to the months of March through September. The applicant is requesting to extend the operational period to include October and November. With the approval from staff,we put it on the consent agenda. Mr. Coston: Thank you, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11,20, 22,23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. Ms. Cuellar: I have a motion by Commissioner Plumlee, a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person,but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 approval of April 2, 2024 shall be voided and replaced with the following conditions below. 2. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMK", dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The use of amplified speakers for announcement and music purposes are permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. 4. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 5. The operations of the Inflatable Park shall be limited to the months of March to November. 6. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 7. All inflatables shall be deflated at the close of business every evening. 8. The applicant shall obtain all necessary permits and inspections prior to operating. 9. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 10. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new 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. R5D = B2 B2 �g -- 4PSK`N FtD �D a i ASAP 2� B2 B2 � r m B2 B2 D0NNADR w� EN�,LISN G1 � A16 o° can m ti rv\ Qom C., a ® Site N Zoning Hall of Virginia Beach VI, LLC W f; Property Polygons 1875 & 1877 Laskin Road and the parcel directly south of 621 Village Drive � Building Feet 0 62.5 125 250 375 500 Map created by Planning Department on 6/26/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HALL OF VIRGINIA BEACH VI, LLC [Applicant] AUTO PROPERTIES OF VIRGINIA BEACH VI, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Motor Vehicle Sales & Service) for the property located at 1875 & 1877 Laskin Road and the parcel directly south of 621 Village Drive (GPINs 2407574760, 2407572632, and 2407578547). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Modification of Conditions to a Conditional Use Permit for Motor Vehicle Sales and Service to expand an existing automobile dealership. The request would add the approximately 2.47-acre parcel directly south of 621 Village Drive to the sales and service operation. More specifically, the applicant proposes developing the site with an additional 249 parking spaces to accommodate additional vehicle inventory. No new buildings are proposed. ■ Considerations: While the Conditional Use Permit for the current dealership was approved by City Council in 2002 and subsequently modified in 2005, a motor vehicle dealership has operated on the site since the 1960s. The parcel to be incorporated into the Conditional Use Permit is currently undeveloped and lies adjacent to the existing dealership, a mini-warehouse facility, and townhouse-style apartments. The property lies within the greater than 75 dB noise zone, Accident Potential Zone 1, and the Hilltop Strategic Growth Area (SGA). Although the SGA plan recommends the site transition from an auto-oriented use to a non-residential mixed-use, since the new development is limited to an expansion of the parking area, it would not significantly hinder the opportunity for future redevelopment. To minimize impacts on the adjacent residential property, conditions related to lighting and amplified speaker or paging systems are proposed to mitigate light and noise impacts on neighboring properties. Additionally, a 15-foot-wide landscape buffer and a privacy fence are proposed along the southern property line adjacent to the residential property. Finally, trucks delivering vehicles to the dealership must enter and exit the site via Laskin Road and may not use the Village Drive ingress/egress. 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. Hall of Virginia Beach Vl, LLC Page 2 of 3 ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this items on the Consent Agenda by a vote of 10 to 0. 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 11, 2005 shall be voided and replaced with the following conditions below. 2. All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by MSA, P.C., dated September 30, 2004, as well as the exhibit entitled "Conceptual Layout — Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-V prepared by MSA, P.C., dated January 30, 2025, which have been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. In any instance of conflict, "Conceptual Layout — Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1" shall supersede. 3. The proposed building elevation shall substantially adhere to the submitted drawing entitled, "Charles Baker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by Burkhart, Thomas, Reed, Architecture & Interior Design, dated June 13, 2002. 4. All required parking spaces shall be depicted on the final site plan. 5. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 6. There shall be no signs which 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 which 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. 7. The use of an outdoor amplified speaker or paging system shall be prohibited. 8. A Photometric Lighting Plan shall be provided to the Department of Planning & Community Development for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line shall be no taller than 14 feet in height. Hall of Virginia Beach VI, LLC Page 3 of 3 9. The entire parking lot shall be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 10. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way or within landscaped areas. 11. A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all property lines that abut apartment or residential district zoned property as required by the City Zoning Ordinance. In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 12. As depicted in "Conceptual Layout - Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1", Category VI landscaping, which will include a combination of evergreen trees and shrubs, shall be installed and maintained along the Village Drive. 13. Any fencing along property lines adjacent to residential or apartment district zoned property shall be constructed as a solid vinyl or composite fence at least six (6) feet in height and shall be installed no closer than 15 feet from the property line as depicted in both exhibits referenced in Condition No.2. 14. The installation of security gates across a fire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. 15. Tractor trailers and similar delivery vehicles shall not access the site from Village Drive nor shall any public right-of-way be used for the loading and unloading of vehicles. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1'- Submitting Department/Agency: Planning Department C4j� City Manager:��v Agenda Item 10 A•• of VB_ Property Owner: Auto Properties Virginia Beach, LLC ' • • • • 025 CouncilCity Project Details Request Modification of Conditions (Motor Vehicle Sales & Service) - A f Staff Recommendation Approval7RE,3� p �� N-LN•I V. ,j� Staff Planner �+ Ro.. Michael Hayes N Location ri 1875 & 1877 Laskin Road, and the parcel directly south of 621 Village Drive GPINs 240757460, 2407572632, and 2407578547 - � Site Size 2.47 acres AICUZ Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay " ,X Existing Land Use and Zoning District Undeveloped lot/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Mini-warehouse/ B-2 Community Businesss ' � : South - Multi-family dwellings/A-18 Apartment East Village Drive Mini-warehouse/ B-2 Community Business West Motor Vehicle Sales & Service/ B-2 Community Business Hall of Virginia Beach VI, LLC Agenda Item 10 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to an existing Conditional Use Permit for Motor Vehicle Sales and Service, previously approved for the adjacent parcels to the west. The request seeks to incorporate an additional 2.47-acre parcel, zoned B-2 Community Business, for the purpose of expanding the area available for vehicle storage associated with the sales operations. • These parcels are located in the Hilltop Strategic Growth Area (SGA). The 2.47-acre parcel to be incorporated into the existing Conditional Use Permit for the dealership is currently undeveloped with frontage along Village Drive between a Mini-warehouse facility to the north and a multi-family development to the south. • The original Conditional Use Permit There are Conditional Use Permits and subsequent modifications for Motor Vehicle Sales and Service was approved by the City Council on July 11, 1966. Since that time, several expansions and modifications have been approved. The controlling Conditional Use Permit, which this application seeks to modify was approved in 2002. Note that there was another modification approved in 2005.The 2005 Modification of Conditions allowed for an expansion to the body shop and addition of two car wash bays at 1877 Laskin Road. • As depicted on the conceptual site plan, the parking area is proposed to extend from the existing dealership and will include [Begin strikethrough] 247-[End strikethrough] 249 new parking spaces. The applicant is proposing to install new fencing and landscaping along the southern property line adjacent to the residential development to the south. The fence is proposed to be wooden and extend from the existing wooden fence. However, the applicant has expressed that they are amenable to installing a fence of a more durable materials, such as vinyl or composite. These improvements will tie into the existing fencing and landscaping on 1875 and 1877 Laskin Road. Additional improvements proposed include a new vehicle access on Village Drive and an underground stormwater facility within the middle of the site. • As required by Section 903 of the Zoning Ordinance, when a B-2 Community Business zoned parcel adjoins a residential or apartment district without an intervening street, alley or body of water over twenty-five feet in width, a 15-foot width Category IV landscape buffer is required. The conceptual site plan for this proposed expansion includes the required 15-foot landscape buffer as well as streetscape plantings. • Lighting within 25 feet of the property line shall be limited to 14 feet in height. A Photometric Lighting Plan will be provided for Planning's review and approval prior to final site plan approval. • No new buildings are proposed on this parcel, as the site will be used solely for the storage of vehicles associated with the Hall Toyota dealership. • All vehicles will be delivered to the site via Laskin Road. Hall of Virginia Beach VI, LLC Agenda Item 10 page 2 of 18 Zoning History ,J # Request R50 62 1 CUP (Tattoo Parlor) Approved 06/19/2018 82 2 CUP (Wireless Communications Antenna) 1 6 S 1- Approved 12/05/2017 4 % 3 CUP (Tattoo Parlor)Approved 11/07/2017 5 _ 3 CUP (Motor Vehicle Sales &Service) Approved 03/22/2005 \ 7 - 4 CUP (Motor Vehicle Sales &Service) Approved 07/14/2015 � 5 CUP (Mini-Warehouse) Approved 12/18/2002 6 CUP (Gas Station w/Convenience Store) Al Approved 05/28/2002 ' 2 CUP (Motor Vehicle Sales &Service) Approved i 07/14/2015 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • • In Staff's opinion, the applicant's proposal to expand the existing automotive dealership onto an adjacent undeveloped parcel is acceptable. While the Hilltop SGA Plan notes that this site should include a transition from auto-oriented uses to non-residential mixed-use, the proposed development corresponds with the existing pattern of development which was initially granted by City Council in 1966. The lot is currently undeveloped, and the proposed landscaping along Village Drive would be an improvement. The proposed use does not involve a new building and thus more readily provides the opportunity for future redevelopment. Further, it is an expansion of an existing use on adjacent property and in keeping with neighboring uses. The subject site is located between a mini-warehouse and a multi-family development with frontage along Village Drive. The expansion would be solely for a parking lot to store vehicles associated with the existing dealership, whose main access is along Laskin Road. Stormwater would be handled within a relatively large median in the middle of the parking area. Landscaping and fencing are proposed to screen the lot from the south, adjacent to the townhouse development, and to the east, along Village Drive. Although an access is proposed on Village Drive, vehicles will not be delivered by tractor trailers or other similar vehicles, instead vehicles will be delivered to the dealership at the Laskin Road access. Hall of Virginia Beach VI, LLC Agenda Item 10 page 3 of 18 Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. In order to make adherence to and enforcement of the conditions easier, staff recommends, through condition 1, voiding the previously approved conditions, and adopting a new set of conditions, which include many of the previously approved conditions while making modifications, as appropriate, to address issues relevant to the new site and concept plan. Recommended Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of January 11, 2005 shall be voided and replaced with the following conditions below. 2. All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach,Virginia," prepared by MSA, P.C., dated September 30, 2004, as well as the exhibit entitled "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1" prepared by MSA, P.C., dated January 30, 2025, which have been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. In any instance of conflict, "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1" shall supersede. 3. The proposed building elevation shall substantially adhere to the submitted drawing entitled, "Charles Baker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by Burkhart, Thomas, Reed, Architecture & Interior Design, dated June 13, 2002. 4. All required parking spaces shall be depicted on the final site plan. 5. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 6. There shall be no signs which 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 which 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. 7. The use of an outdoor amplified speaker or paging system shall be prohibited. 8. A Photometric Lighting Plan shall be provided to the Department of Planning & Community Development for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line shall be no taller than 14 feet in height. 9. The entire parking lot shall be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 10. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way or within landscaped areas. Hall of Virginia Beach VI, LLC Agenda Item 10 page 4 of 18 11. A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all property lines that abut apartment or residential district zoned property as required by the City Zoning Ordinance. In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 12. As depicted in "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1", Category VI landscaping,which will include a combination of evergreen trees and shrubs, shall be installed and maintained along the Village Drive. 13. Any fencing along property lines adjacent to residential or apartment district zoned property shall be constructed as a solid vinyl or composite fence at least six(6) feet in height and shall be installed no closer than 15 feet from the property line as depicted in both exhibits referenced in Condition No.2. 14. The installation of security gates across a fire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. 15. Tractor trailers and similar delivery vehicles shall not access the site from Village Drive nor shall any public right-of-way be used for the loading and unloading of vehicles. 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. Hall of Virginia Beach VI, LLC Agenda Item 10 page 5 of 18 2005 Conditions 1. All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by MSA, P.C., dated September 30, 2004, which has been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The proposed building elevation shall substantially adhere to the submitted drawing entitled, "Charles Baker Toyota, 1877 Laskin Road,Virginia Beach, Virginia," prepared by Burkhart,Thomas, Reed, Architecture & Interior Design, dated June 13, 2002. All signage shall be in compliance with regulations set forth in the City Zoning Ordinance. 3. All required parking spaces shall be depicted on the final site plan. 4. No loud speakers or outdoor speaker system shall be permitted on site. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent residential or surrounding properties. 6. The entire parking lot shall be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way or within landscaped areas. 8. A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all property lines that abut apartment or residential district zoned property as required by the City Zoning Ordinance. In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 9. Any fencing along property lines adjacent to residential or apartment district zoned property shall be constructed as a solid wood fence at least six (6) feet in height and shall be installed no closer than 15 feet from the property line as depicted on the exhibit entitled "Charles Barker Toyota, Laskin Road, Virginia Beach, VA," prepared by MSA, P.C., dated July 10, 2002. 10. No barbed wire shall be permitted on the site. Comprehensive • The Comprehensive Plan recognizes this site as part of the Hilltop Strategic Growth Area. The Master Plan for the Hilltop SGA does not have a specific recommendation for this property, but it depicts the general area as non-residential mixed-use and parking. (p.13, Hilltop SGA Master Plan) Overall, the Hilltop SGA Master Plan seeks to reduce motor vehicle dependency and improve pedestrian and bicycle access and comfort through sidewalks, trails, and growing the mix of restaurants, retail, and offices in the area. The Reference Handbook recommends limiting, if not avoiding, parking lots along street frontages and improving landscaping along street frontages. Hall of Virginia Beach VI, LLC Agenda Item 10 page 6 of 18 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. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 3-0 ADT 36,900 ADT 1(LOS 2 Existing Zoning—1,360 ADT based Laskin Road 26,500 ADTI 2.5 acre parcel zoned B-2 Proposed Land Use 4-No data available. 1 Average Daily Trips 3 Based upon the lot 4No information Manual for vehicle 2 LOS = Level of currently being available in the ITE storage Service undeveloped Trip Generation Master Transportation Plan (MTP)and Capital Improvement Program(CIP) Village Drive in the vicinity of this application is a four-lane collector street. Village Drive intersects Laskin Road at the location of this site. Laskin Road is a 4-lane major urban arterial. It currently operates at LOS C. There are currently no CIP projects planned for this section of Village Drive. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water City water is available, though no new connections are expected. Sewer City sanitary sewer is available, though no new connections are expected. Hall of Virginia Beach VI, LLC Agenda Item 10 page 7 of 18 Public Outreach Information Planning Commission • 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,July 29, 2025 and August 5, 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 July 28, 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 8, 2025. Hall of Virginia Beach VI, LLC Agenda Item 10 page 8 of 18 Expansion Plan Of � CHARLES BARKER TOYOTA 1877 Laskin Rd. ' Virginia Beach,Virginia 517E -------------- f. ,Nx,vF WAW 4wou rw•..Lc a i � nrtr.-aov Q FV� a��Mti :3 ic'fixY �• `�_....•�..�. Site DataNAZI A WWI L - — i E wwap ,�- Site Area: ±5.04 Ac GPIN: 2407-57-2632 . Existing Zoning: B-2 rT Proposed Use: MOTOR VEHICLE rti- C SALES&RENTALS • Cu rD n j ►• i r r fir, -P i � ,� c- O r t = •i � • V °.tif�. n. 1 tt .x —• IL -- w a OWLESti SAM L -� rD NNIM L A�IrcWt ._ _._. lymierapr, 'eaurr. 7 (D iL - �•�woeo :iun-c vu;xx 1D n < ; DATE:9/30,/04 3 Exhibit For Conditional Use Permit M"A ruoj' w- an r N N r 00 0 t Exhibit Of Hall Toyota Lot Expansion :K—rA MI:' S" N • Option 2 Underground BMP Laskin Road • Virginia Beach,VA 5rff QATA I.warn• 0 PARCELC-1 GPIN:240757-8547 ZONING:EQ VAVDW SECO PARCEL AREA-108,887 SF PROPOSED USE.,BULK STORAGE AUTO STORAGE YARD PROPOSED IMPER'AOUS AREA-77,241 SF Total Green Area P—Ok 31,646 SF AW Parking Summary Ig AWSWAWWWAC I AUTO STORAGE SPACES-241, Note: I StDmater Management Facility T I j IN ' l 1 I`1 iw 1 1,1 • 4 � I I l Y to be Underground 3MP+Nutrient Credit mwm up S[IVA�w rNm 7- sw k camas% mom ow" UNDF rPUND '/bfTFK-mN RMP 80 '0 1,L� . . . . . . . Ylv . . . 0 mama mcer,re LMWA'[3XW 0 AN X w fm < offmWIMM mom-/ (D AM— Z3 (D 0 (D < ff CS-2 0 CO 0 r-) Building Elevationsfor • r— — ---- i te t-'_-� DEALERSHIP CARWASH ADDITION i i l : E BODY SHOP ADDITION DATE:9/30/64 f,.Mbk For V.P-1, nc vu Hall of Virginia Beach VI, LLC Agenda Item 10 page 11 of 18 Building Elevationsfor • 1% a _g Eta RLI T/O WSW � az I� arn■od"WI M to 1lYw F Z V. ELEVATION O S V. F A x � m m � . m Z a _ - ----------------- a m ■ - - - i AEVIAIoil ��MM�a� aarasw m.. us wn sir i RIGHT SIDE ELEVATION `oil v wA2 OMALO Hall of Virginia Beach VI, LLC Agenda Item 10 page 12 of 18 Site Photo �f aevire z �'rrw s -- f 4 _ H . .. I �# Hall of Virginia Beach VI, LLC Agenda Item 10 page 13 of 18 Disclosure CITY OF • VIRGINIA V BEACH Statement sure 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 Hall of Virginia Beach VI, LLC(d/b/a Hall Toyota Virginia Beach) Is Applicant also the Owner of the subject property? YesO NoQ If no,Property Owner most complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesQ No0 if yes,name Representative: Lisa M. Murphy, Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'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: 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. I �— ---APPLICANT SERVICES 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 __LNqme entity and/or individual Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 Hall of Virginia Beach VI, LLC Agenda Item 10 page 14 of 18 SECTIONDisclosure Statement • SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O 0 Core 22 Design Build LLC Architect/Land Planner Construction Contractor 0 Jan Hall/Gore 22 Design Build LLC Engineer/Surveyor/Agent © Gregory B.Hayes/MSA,P.C. Legal Services @ O Lisa M.Murphy,Esq.IWilicox&Savage,P.C. 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. Hall of Virginia Beach VI, LLC f _ Applicant Name(Print) ignature I 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 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): 7/25/2025 Michael D Hayes wkl;_� dui 7/25/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Hall of Virginia Beach VI, LLC Agenda Item 10 page 15 of 18 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Auto Properties Virginia Beach VI, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesO. No© 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 O No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No( 1 es,name the o icial 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-coilateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/TaxReturn Preparation 0 Architect/Designer/Landscape O O Core 22 Design Build LLC Architect/Land Planner Construction Contractor C!) 0 Jan Hall/Core 22 Design Build LLC Engineer/Surveyor/Agent (F) © Gregory B.HayeslMSA,P.C. Legal Services (F) O Lisa M.Murphy,Esq.Willcox&Savage,P.C. PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for 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 yoor�committee in connection with this application. Auto Properties Virginia Beach VI,LLC � � Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Hall of Virginia Beach VI, LLC Agenda Item 10 page 16 of 18 Disclosure Modification of Conditions Application Hall Toyota Virginia Beach Village Drive(GPIN:2407-57-8547) Hall of Virginia Beach VI.LLC(d/b/a Ball Toyota Virginia Beach)(Applicant) Sote Member:-Hall Automotive,LLC Officers: Steven B.Fader Chief Executive Officer Scott W.Fader Executive Vice President Michael S.Fader Vice President and Treasurer Michael C.Cuomo Vice President Lisa A.Olivieri Vice President and Secretary Bill Baker President Chrissy Champiany CFO Affiliates: Hall of Virginia Beach,LLC(d/b/a Hall Honda) Hall of Virginia Beach B,LLC(d/b/a Hall Acura) Hall of Virginia Beach III,LLC(d/b/a Hall Mazda) Hall of Virginia Beach V,LLC(d/b/a Mall Chrysler Dodge Jeep Ram) MILEONE AUTOGROUP,INC. Auto Properties Virginia Beach VI.LLC(Property Owner) Sole Member: Auto Properties 11,LLC Office : Steven B.Fader Chief Executive Officer Scott W.Fader Executive Vice President Michael S.Fader Vice President and Treasurer Michael C.Cuomo Vice President Lisa A.Olivieri Vice President and Secretary Craig II.Colton Vice President All above entities are affiliates of each other. Hall of Virginia Beach VI, LLC Agenda Item 10 page 17 of 18 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. Hall of Virginia Beach VI, LLC Agenda Item 10 page 18 of 18 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #10 Hall of Virginia Beach VI, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. The next item on our agenda is item 10, Hall of Virginia Beach Auto Properties, Virginia Beach Modification of Conditions. Ms. Murphy: Good afternoon chair, Vice-Chair, Members of Planning Commission, and staff. For the record, my name is Lisa Murphy. I'm a local zoning attorney with Wilcox Savage here, today,on behalf of Hall of Virginia Beach VI,LLC, which trades as Hall Toyota, Virginia Beach. We concur with the 15 conditions that staff has proposed for this modification of conditions application. I'm happy to answer any questions. Mr. Coston: Thank you. Any questions? You may be seated. Thank you. Is there any objection to this item being placed on the consent agenda? There being none, we have asked Commissioner Plumlee to read this item into the record. Mr.Plumlee: Thank you, Vice-Chair. This is an application by Hall of Virginia Beach VI, LLC Auto Properties. The location is 1875 and 1877 Laskin Road. It's the parcel directly south of 621 Village Drive. The applicant is requesting modification,to its existing Conditional Use Permit for motor sales and service to add an additional 2.47 acre parcel, zoned B2 Community Business for the purpose of expanding the area for the storage of vehicles. There being no objection noted,the Commission was in agreement to place this as a consent item, and there has been no objection. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11,20, 22,23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 Modification of Conditions Permit approvals of January 11, 2005 shall be voided and replaced with the following conditions below. 2. All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by MSA, P.C., dated September 30, 2004, as well as the exhibit entitled "Conceptual Layout —Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1" prepared by MSA, P.C., dated January 30, 2025, which have been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. In any instance of conflict, "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1" shall supersede. 3. The proposed building elevation shall substantially adhere to the submitted drawing entitled, "Charles Baker Toyota, 1877 Laskin Road,Virginia Beach, Virginia," prepared by Burkhart, Thomas, Reed, Architecture & Interior Design, dated June 13, 2002. 4. All required parking spaces shall be depicted on the final site plan. 5. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 6. There shall be no signs which 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 which 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. 7. The use of an outdoor amplified speaker or paging system shall be prohibited. 8. A Photometric Lighting Plan shall be provided to the Department of Planning & Community Development for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line shall be no taller than 14 feet in height. 9. The entire parking lot shall be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 10. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way or within landscaped areas. 11. A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all property lines that abut apartment or residential district zoned property as required by the City Zoning Ordinance. In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 12. As depicted in "Conceptual Layout—Option 2, Hall Toyota Lot Expansion 1875 Laskin Road, Parcel C-1", Category VI landscaping, which will include a combination of evergreen trees and shrubs, shall be installed and maintained along the Village Drive. 13. Any fencing along property lines adjacent to residential or apartment district zoned property shall be constructed as a solid vinyl or composite fence at least six(6) feet in height and shall be installed no closer than 15 feet from the property line as depicted in both exhibits referenced in Condition No.2. 14. The installation of security gates across a fire apparatus access road is required and shall be approved by the fire code official. Where security gates are installed, they shall include an approved means of emergency operation. Manual gates will require a Knox Padlock, and automatic gates will require a Knox Override Switch. Both the security gates and their emergency operation must be kept fully operational at all times. 15. Tractor trailers and similar delivery vehicles shall not access the site from Village Drive nor shall any public right-of-way be used for the loading and unloading of vehicles. 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. t v n oR '� � Q°Oo A,36 (1 SPQQN�RE A36 BZ A36IPO ' z O �O O I�A1.2 Cten 0 0000`O``0000� B2 O 1 O 00� oo� 1�1 0 �r 000 0 62 ® site 0 Zoning Virginia Beach Residences, LLC W e Property Polygons 1276 Baker Road & vacant parcel north of O Building 1276 Baker Road Feet 0 90 180 360 540 720 Map created by Planning Department on 7/15/2025 fv��� •7 i er r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH RESIDENCES, LLC [Applicant] BAKER ROAD PROPERTIES, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1276 Baker Road & vacant parcel north of 1276 Baker Road (GPINs 1469005850, 1469014520). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 12, 2025 ■ Background: In 2022, City Council approved a Conditional Rezoning request to rezone a 14.6- acre site from 1-1 Light Industrial to Conditional A-36 Apartment District to redevelop the site with a 524-unit multi-family residential community; however, the project was not developed. The current applicant, Virginia Beach Residences, LLC seeks to purchase the property from Baker Road Properties, LLC, to construct a 375-unit multi-family development, resulting in a density of 25.68 units per acre. Since the applicant seeks to modify the previously approved plan, a Modification of Proffers is required. The property is located in the Burton Station Strategic Growth Area (SGA), specifically within the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area. The currently vacant and unfinished DLH Sports Complex will be demolished and replaced with five multi-family buildings, one maintenance building, three garage structures, and carports. All buildings will have a maximum height of 70 feet, complying with the 120-foot height limit permitted within the A-36 Apartment District. A variety of high-quality amenities are proposed, including a clubhouse, a courtyard with a swimming pool, a fitness center, a dog park, grilling area, and 12-foot-wide walking paths surrounding each of the two proposed stormwater management facilities. The applicant proposes the required streetscape plantings along Baker Road, as well as interior parking lot and building foundation landscaping. In addition, a 15- foot wide Category IV landscape buffer is proposed along the northern, southern, and eastern property lines to provide enhanced screening for adjacent properties. The proposal also includes right-of-way improvements to include 11-foot-wide meandering sidewalks and streetscape landscaping to improve pedestrian connectivity and overall walkability along the site frontage. The applicant is requesting deviations from the 30-foot front yard setback required along Baker Road for certain accessory structures. Specifically, the garages are Virginia Beach Residences, LLC Page 2 of 4 proposed to be located 3.5 feet from the right-of-way, and the compactor enclosure 8.5 feet from the right-of-way. Additionally, a deviation is requested for the freestanding monument-style entrance sign, which is proposed at 3.5 feet from the right-of-way, falling short of the 5-foot minimum required by Section 214(b) of the Zoning Ordinance. A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows a reduction in required parking when many patrons are expected to walk, bike, or use public transit. Although 669 spaces are required for a development of this size, the Zoning Administrator approved a reduction to 582 spaces (1.55 per unit), which is expected to meet resident needs. Additionally, 18 bicycle parking spaces, exceeding the 17 required, will be provided, 10 of which will be covered spaces. ■ Considerations: Staff finds that the proposal aligns with the policies and objectives outlined in the Comprehensive Plan. The site is located within the Burton Station Strategic Growth Area (SGA), specifically in the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area. The vision for this area emphasizes the development of a pedestrian-oriented, walkable district with convenient access to businesses via streets, transit, sidewalks, and adjacent structures. The Burton Station SGA Master Plan supports buildings up to five stories in height and a mix of uses—including retail, restaurant, office, hotel, and limited residential, while reserving a significant portion of land for open space, recreation, and stormwater management. In developing the proposal, the applicant considered building design, site circulation, pedestrian orientation, and landscaping. Although the site layout does not fully align with all recommendations in the SGA Plan and the Special Area Development Guidelines for Urban Areas, the applicant has incorporated enhanced sidewalks and streetscape landscaping to strengthen pedestrian connectivity and walkability within the corridor. In addition, the proposal seeks to address the City's housing needs and improve the corridor by redeveloping a long-abandoned, incomplete sports complex that has remained vacant for over a decade. The applicant intended to revise the proffer agreement between Planning Commission and City Council to update Proffer 5 as it referenced the incorrect minimum setback and code section. Since the applicant chose to utilize the standard setback requirements for the A-36 Apartment District, the requested deviation is to the 30-foot front yard setback. The proffer agreement was revised and submitted prior to the deadline of 10 days prior to City Council. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Virginia Beach Residences, LLC Page 3 of 4 ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Proffer 1 Proffered Condition #1 is hereby amended to state in its entirety as follows: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH — CONCEPTUAL SITE PLAN", dated June 17, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 2 Proffered Condition #2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by PRDG, entitled "PRELIMINARY EXTERIOR ELEVATIONS" Sheets A-1 and A-2 for "LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT", dated May 1, 2025 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 3 Proffered Condition #3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH — CONCEPTUAL LANDSCAPE PLAN", and dated June 17, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 Proffered Condition #6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." Proffer 5 Proffered Condition #7 is hereby added to the Original Proffers, and shall read in its entirety as follows: Virginia Beach Residences, LLC Page 4 of 4 "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet (85), respectively, [begin strikethrough] in lie„ of the Zeninn Qrdinanno [end strikethrough] in lieu of the thirty foot (30') minimum setback otherwise required under Section 602(d) of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (35), in lieu of the five foot (5) minimum setback required under Section 214(b) of the Zoning Ordinance." Proffer 6 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department aIr City Manager:f1 Agenda A•• Residences, Property Owner: Baker Road Properties, LLC Planning Commission ' • • 2025 CouncilCity '• • • Project Details Request �,`� ��•����'j Modification of Proffers qT—THMSTOW°- ,,,,E Staff Recommendation Approval H Staff Planner Marchelle Coleman r� I _____SHELL Location 1276 Baker Road & vacant parcel north of 1276 '"' ` Baker Road GP/Ns 1469005850, 1469014520 Site Size �` r 14.6 acres A/CUZ Less than 65 dB DNL ' Watershed Chesapeake Bay Existing Land Use and Zoning District Unfinished sports complex/A-36 Apartment Surrounding Land Uses and Zoning Districts E � North Abandoned Railroad ` Warehouse/ 1-1 Light Industrial r South t Towing service, warehouse/1-1 Light Industrial East ., Warehouse, office, automobile repair garage/ 1-1 Light Industrial, 0-2 Office, B-2 Community Business West Baker Road Mobile home park/A-12 Apartment Virginia Beach Residences, LLC Agenda Item 11 page 1 of 23 Background SummaryofProposal • On April 5, 2022, City Council approved a Conditional Rezoning request to rezone approximately 14.6 acres from 1-1 Light Industrial to Conditional A-36 Apartment District.The rezoning was intended for the redevelopment of the property into a 524-unit multi-family residential community, resulting in a density of approximately 35.67 dwelling units per acre. However, the project was never developed. • The applicant,Virginia Beach Residences, LLC, is seeking to acquire the properties from Baker Road Properties, LLC in order to develop the site with a 375-unit multi-family residential community, resulting in a proposed density of 25.68 units per acre. As such, a Modification of Proffers is required to accommodate the revised development plan. • The 14.6-acre property, located within the Burton Station Strategic Growth Area (SGA) and the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area, is currently developed with the vacant and unfinished DLH Sports Complex.The site currently consists of a football field with support buildings, a paved parking lot, an unpaved gravel area, and a large unfinished structure on the southern portion of the property.The existing buildings and infrastructure will be completely demolished in conjunction with the redevelopment of the site. • The proposed development will consist of five multi-family residential buildings, one maintenance building, three garage structures, and carports distributed throughout the site.The largest multi-family building, located near the main entrance, will include the clubhouse. All buildings will have a maximum height of 70 feet, which complies with the 120-foot height limit permitted within the A-36 Apartment District. • The development features a variety of high-quality amenities, including a clubhouse, a courtyard with a swimming pool, a fitness center, a dog park, a designated grilling area, and 12-foot-wide walking paths surrounding each of the proposed stormwater management facilities. • As shown on the Conceptual Landscape Plan, the applicant proposes required streetscape plantings along Baker Road, as well as interior parking lot and building foundation plantings. While not required, the applicant is proposing a 15-foot minimum yard buffer with Category IV landscape screening along the northern, southern, and eastern property to provide screening to adjacent property owners. The proposed landscaping appears to meet the standards of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • Right-of-way improvements are proposed as illustrated on the proffered conceptual plans.The proposal includes an 18-foot-wide right-of-way dedication,which will feature enhanced 11-foot-wide meandering sidewalks and streetscape landscaping designed to improve pedestrian connectivity and overall walkability along the site's frontage. • Due to the proposed 18-foot-wide right-of-way dedication along Baker Road, the applicant is requesting a deviation from the minimum front yard setback requirements, in accordance with Section 107(i) of the Zoning Ordinance.This request pertains to the accessory garages, compactor enclosure, and monument- style entrance signage. While Section 283 of the Zoning Ordinance would allow for a reduced front yard if Virginia Beach Residences, LLC Agenda Item 11 page 2 of 23 the development adhered to the site and building design conditions outlined in Section 283(c), since the applicant has chosen not to implement the more urban-style elements detailed in Section 283(c), the standard 30-foot front yard setback applicable to multi-family dwellings in the A-36 Apartment District would apply.The accessory garages are proposed at 3.5 feet from the right-of-way, the compactor enclosure at 8.5 feet, and the freestanding entrance sign at 3.5 feet—below the 5-foot minimum required by Section 214(b) of the Zoning Ordinance. A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum required parking spaces when a significant number of patrons are expected to arrive on foot, by public transportation, or by bicycle. Although a development of this size would typically require 669 parking spaces, the study supports the proposed 582 spaces (a ratio of 1.55 spaces per unit) will adequately serve resident needs. Additionally, 17 bicycle parking spaces are required and 18 will be provided, 10 of which will be covered. The Parking Study Determination Letter can be found on pages 14 and 15 of this report. Zoning History .�� # Request CRZ (1-1 to Conditional A-36) Approved 1l1t z;;'; 1 04/05/2022 CRZ (Conditional 1-1 to Conditional 0-2) �+Ij+f t t O S 4 t Approved 02/26/2013 �. �� `A CUP (Single Room Occupancy Facility) h .� tt e Approved 02/26/2013 ' � MDP Approved 03/13/2007 0 2#3 CUP (Hotel) Approved 03/13/2007 CRZ (B-2 to Conditional 1-1) Approved , E2 02/28/2006 CUP(Automobile Repair Garage) Approved >, HI 8= 3 12/08/1998 4 CRZ (B-2 to Conditional 1-1) Approved Application Types 01/14/1997 CUP: MDP: Modification of Proffers 5 CUP (Tattoo Parlor)Approved 11/15/2016 Conditional NON: Nonconforming Use CUP (Vocational School) Approved 08/19/2014 Use Permit STC:Street Closure 6 CRZ (B-2 to Conditional A-36)Approved REZ: FVR: Floodplain Variance 08/19/2014 Rezoning ALT. Alternative Compliance 7 CUP (Contractor's Storage Yard) Approved CRZ: SVR:Subdivision Variance 09/13/2005 Conditional LUP: Land Use Plan REZ (1-1 to A-1) Approved 08/03/1987 Rezoning STR:Short Term Rental 8 CUP (Mobile Home Park) Approved MDC: 08/03/1987 Modification CUP(Truck Wash, Motel, Bulk Storage Yard) of Conditions 9 Approved 09/10/1996 CUP (Mini-Warehouse) Approved 06/28/2011 Virginia Beach Residences, LLC Agenda Item 11 page 3 of 23 Evaluation • • • The request for a Modification of Proffers to revise the site layout of the 2022 Conditional Rezoning is, in staff's opinion, acceptable. As mentioned previously,the site is located within the Burton Station Strategic Growth Area (SGA), specifically within the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area. The vision for this area emphasizes the creation of a pedestrian-friendly, walkable district with convenient access to businesses via streets, bus stops, sidewalks, and adjacent structures. The Burton Station SGA Master Plan supports buildings up to five stories in height and a mix of uses—including retail, restaurant, office, hotel, and limited residential, while reserving a significant portion of land for open space, recreation, and stormwater management. In developing the proposal, the applicant considered building design, site circulation, pedestrian orientation, and landscaping. While the site layout does not fully conform to all recommendations in the SGA Plan and Special Area Development Guidelines for Urban Areas, the applicant aims to contribute to the City's need for housing and enhance the corridor by removing the long-abandoned, unfinished sports complex that has remained vacant for over a decade. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each Guideline is provided below. Setbacks and Building Location—This Guideline recommends buildings be located close to the street to make it more pedestrian-friendly with off-street parking behind or beside buildings. As depicted on the proffered plans, the applicant did not utilize the reduced building setbacks permitted by Section 283 of the Zoning Ordinance, as such, the standard setback requirements apply as indicated in Section 602(e) of the Zoning Ordinance. However, to accommodate a more pedestrian-friendly streetscape, enhanced walkways and landscaping have been provided which offers attractive screening and contributes to pedestrian-friendly connectivity along the right-of-way. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and exit the site using the sidewalks, as depicted on the Conceptual Site Layout. As such, staff finds the proposed layout to be consistent with this Guideline. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of a site. Off- street parking areas should be located behind buildings and should create an internal circulation network that minimizes or eliminates curb cuts. Landscaping for the parking areas should be strategically located to provide visual relief, shading of the lot, green areas, and screening while ensuring that sight lines are maintained. While some parking is provided along the public right-of-way, the applicant has reduced the number of existing curb cuts from three to two, one serving as the primary ingress/egress and the other designated for exit only. This configuration is intended to improve overall site circulation and enhance safety for both residents and guests. Additionally, the proposed streetscape and internal parking lot plantings offer visual relief and provide shade throughout the parking areas. Virginia Beach Residences, LLC Agenda Item 11 page 4 of 23 Landscaping—This Guideline emphasizes that the need for quality landscaping is essential to the built urban environment.The importance of street trees and planters should be recognized and planned into the design. As depicted on the Conceptual Landscape Plan, streetscape plantings along Baker Road include evergreen trees and evergreen shrubs. In addition, interior parking and building foundation plantings are proposed, as well as a 15-foot buffer area with Category IV plantings along the northern, southern, and eastern property lines. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. There are no known natural features on this site as it is fully developed. Stormwater Management as Landscaping Features—This Guideline encourages, whenever possible, stormwater retention and detention systems be designed as open space or landscape amenities. In this instance, two stormwater ponds are proposed for this development. Each stormwater pond will be surrounded by a 12-foot-wide path as an open space amenity for residence and guests. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. Lighting for pedestrians should be provided using indirect illumination from the building. The proposed site is deemed to be consistent with the lighting Guideline, as lighting is proposed to reduce glare and trespass in the internal parking lot areas, around buildings, and will prevent spillover onto adjacent properties. Signs—As indicated in this Guideline, signs should primarily serve to identify the name and street number.The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. For this proposal, an eight-foot-tall monument-style sign with 75 square feet of planting area around the base of the sign is proposed. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. No outdoor art is planned for this project at this time. Pursuant to Section 107(i) of the Zoning Ordinance, the applicant may request deviations from the required setbacks associated with Conditional Rezoning applications. Accordingly,the applicant is seeking a deviation from the front setback requirements for the accessory garages, compactor enclosure, and development entrance signage. As previously noted, Section 602(e) of the Zoning Ordinance permits a 30-foot front yard setback along Baker Road for multi-family dwellings in the A-36 Apartment District. The accessory garages are proposed at 3.5 feet from the right-of-way, the compactor enclosure at 8.5 feet, and the freestanding entrance sign at 3.5 feet—less than the 5-foot minimum setback required by Section 214(b) of the Zoning Ordinance. Staff supports the requested deviations and finds that the proposed enhancements to pedestrian connectivity, including 11-foot-wide meandering sidewalks and integrated landscaping along the public right-of-way, provide attractive screening and contribute to a pedestrian-friendly environment.These improvements encourage walking as a practical mode of transportation and recreation, thereby helping to reduce dependence on automobiles. Furthermore, the design promotes social interaction and improves access to nearby businesses, supporting the development of a more vibrant, accessible, and connected community. It is the opinion of Staff that the traffic generated by this multi-family development will result in 2,480 average daily trips, which is 1,441 fewer trips than the previous development consisting of 524 units. Based on the Virginia Beach Residences, LLC Agenda Item 11 page 5 of 23 projected number of vehicles generated, the vehicular ingress/egress access point will be able to accommodate the multi-family development. As depicted on the plan, a second access is provided, but designated as exit only. Required right-of-way improvements along Baker Road include, but are not limited to, sidewalks, curb and gutter, and streetlights.Traffic Engineering Staff will provide more detailed comments during the site plan review process. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and there were no concerns raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity.The overcapacity is within the acceptable utilization range of greater or less than 10%of optimum capacity. Based on this, the redevelopment proposal is not expected to negatively impact the current student enrollment. This site is located in the Chesapeake Bay Watershed; therefore, a preliminary stormwater analysis is not required prior to this item being reviewed by Planning Commission and City Council. As indicated on the conceptual site plan, two stormwater management facilities are proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure that the project complies with all stormwater regulations and that no negative flooding impacts will occur upstream and downstream as a result of this development. Based on these considerations above, Staff recommends approval of the request subject to the proffers below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 1. Proffered Condition #1 is hereby amended to state in its entirety as follows: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL SITE PLAN", dated May 1, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Pro ffer2 2. Proffered Condition #2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when Virginia Beach Residences, LLC Agenda Item 11 page 6 of 23 developed,shall be in substantial conformity with the exhibits prepared by PRDG,entitled "PRELIMINARY EXTERIOR ELEVATIONS"Sheets A-1 and A-2 for"LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT", dated May 1, 2025 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3. Proffered Condition #3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL LANDSCAPE PLAN", and dated May 1, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4 4. Proffered Condition#6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." Proffer 5. Proffered Condition#7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet (8.5'), respectively, [begin strikethrough] A the ten feet ' [end strikethrough] in lieu of the thirty foot (301 minimum setback otherwise required under Section 602(d) of the Zoning Ordinance. Additionally,freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (3.5'), in lieu of the five foot (5') minimum setback required under Section 214(b) of the Zoning Ordinance." Proffer 6 6. Except as expressly modified by this Agreement,all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Previous •ffers Approved by • on 04/05/2022 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Virginia Beach Residences, LLCL Agenda Item 11 page 7 of 23 Proffer When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Baker Road Apartments", dated August 30, 2021, and prepared by Vanasse Hangen Brustlin, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer The quality of architectural design and materials of the building constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by Cox, Kliewer& Company, P.C., entitled "Baker Road Apartments - Elevation at Entrance, Material Key", dated October 26, 2021, and "Baker Road Conceptual Rendering", dated October 12, 2021 (together the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. Proffer 3 Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Vanasse Hangen Brustlin, Inc., entitled "Conceptual Planting Plan", and dated September 9, 2021 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4 The community identification sign on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive • The Comprehensive Plan designates the subject property as being located within the Burton Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions to accommodate future growth and adopt a more urban style in the City.The Burton Station SGA Plan designates this property for mixed-use/multi-use, which offers the broadest range of uses and is intended to absorb both residential and commercial growth "depending on market demand". Combined stormwater management features with open space and recreation opportunities are also recommended for this property. The property particularly resides in a development focus area called Northampton/Diamond Springs/Baker Road Corridors in the Burton Station SGA Plan (p. 14, Burton Station SGA Master Plan). This area is described with a variety of commercial uses, including retail, restaurant, office, and hotel, as well as residential uses all up to five stories in height. All uses within this area should incorporate open space as properties redevelop to Virginia Beach Residences, LLC Agenda Item 11 page 8 of 23 continue green and pedestrian connections. New landscaping and pathways around Burton Station Lake transform this stormwater management facility into an outdoor amenity, attracting employees, customers, and residents. 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 TrafSc Counts Present Street Name Volume Present Capacity Generated Traffic Baker Road 5,500 ADTI 12,600 ADT 1(LOS 4 "D") Existing Land Use z— No Data Available Existing Zoning (Approved 524 units)-3,921 ADT Proposed Land Use 3-2,480 ADT 1 Average Daily Trips 'As defined by an 3As defined by a 375- 'LOS = Level of unfinished sports unit multi-family Service complex apartment complex Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Baker Road is a two-line undivided collector road in the vicinity of this site with a variable right-of-way width. This section of Baker Road is included in the MTP as a two-lane minor collector roadway within a 70-foot right- of-way. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water There is an existing six-inch city water main along Baker Road. Sewer There is an existing eight-inch city sanitary sewer gravity main along Baker Road. There is an existing 1.5-inch private sanitary sewer force main along Baker Road. City water and sewer is available to the site. Virginia Beach Residences, LLC Agenda Item 11 page 9 of 23 School • , Current School Capacity Generation 1 Change 2 Enrollment Bayside Elementary 543 students 524 students 23 students 23 students Bayside Middle 918 students 979 students 9 students 9 students Bayside High 1,902 students 2,039 students 13 students 13 students 1"Generation" represents the number of students the development will add to the school. z"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant's representative reached out to the surrounding property owners to inform them of the proposal, and no concerns were raised. • 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. Virginia Beach Residences, LLC Agenda Item 11 page 10 of 23 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, July 29, 2025 and August 5, 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 July 28, 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 8, 2025. Virginia Beach Residences, LLC Agenda Item 11 page 11 of 23 Proposed Conceptual Site Plan Z� ww! J 2O *v'O Aw z ................. > AN- MID WD, "p IL Virginia Beach Residences, LLC Agenda Item 11 page 12 of 23 Proposed Conceptual Landscape Plan a ter` ,. 1141 4 H IM 143 U r W a � — 3e t Z e 7 � n 121 ti LL � a iiYi1�W)ytY63YYb� � O l Virginia BeachResidences, LLC Agenda Item 11 page 13 of 23 Proposed Building Elevations N HIS '.0-AL c� m w y � y r -Off g I LAS z WE 8 w Fd w W OW zgal 41 m ?. z W w - W w ! O O W C X� w� Virginia Beach Residences, LLC Agenda Item 11 page 14 of 23 Proposed Building Elevations s€ 5 a1 g Q ' ` S g e m elf AAA o rB� z F? FF Imo, ir w Lei o Z z h a O IDil, } m S 4 k w - s w M N 2 c'S � a we w' w C> cr iE � z U w w Lu a q q z � . . . w z w Z4 SD- 4 I m xrt, CD o i a o WOf w w ® � I' 0 Virginia Beach Residences, LLC Agenda Item 11 page 15 of 23 Parking StudyDetermination CITY OF PLANNING & COMMUNITY DEVELOPMENT V I RGI N IA ZONING DIVISION BEACH AC H planning.virginiabeach.gov 2403 Courthouse Drive June 27, 2025 Building 3 Virginia Beach, VA 23456 Timmons Group Attn: Steve Schmidt, PE, PTOE, AICP 7053 Celebration Park Avenue Suite 300 Richmond, VA 23225 Re: Parking Determination —Livano Apartments, 1276 Baker Road (Parcel GPINs 1469005850, 1469014520) Mr. Schmidt, This letter is in response to your request for an administrative reduction to the parking requirement for the proposed multi-family project located at 1276 Baker Road. Section 203(b)(11) of the Zoning Ordinance allows the Zoning Administrator to determine the final parking ratio with the submittal of a parking study. I have reviewed the submitted parking study titled "Livano Virginia Beach Parking Study," dated June 5, 2025, and have approved a reduction in parking as specified in the study. Considerations of my approval are shown below. • The proposed multi-family development consists of five buildings containing 375 units. The required parking per section 203 of the ordinance is 669 spaces (2 spaces for each of the first 50 units and 1.75 spaces for every additional unit). The parking ratio for the proposed development is 1.78 spaces per unit. • The submitted site plan and parking study include 582 parking spaces, a reduction of 87 spaces (13 percent). The reduced parking ratio is 1.55 spaces per unit. • This ratio is consistent with other multi-family developments in the vicinity and other multi-family developments that have been approved for parking reductions. This parking ratio is less than the required parking demand per the 2022 census data (1.38) and the ITE (1.22), both provided in the submitted parking study. • The proposed multi-family development includes eight studio apartments, 153 one- bedroom apartments, 170 two-bedroom apartments, and 36 three-bedroom apartments: a total of 609 bedrooms. The submitted number of parking spaces is a ratio of 0.96 spaces per bedroom. It is reasonable to conclude that essentially one parking space per bedroom will accommodate the parking demand for the development. Virginia Beach Residences, LLC Agenda Item 11 page 16 of 23 Parking StudyDetermination • The site is located near the Hampton Roads Transit bus route 27. Route 27 connects the Newton Road Station to Pleasure House Road near the Little Creek Base and other places of employment.The site is 3/of a mile from the closest bus stop located near the intersection of Baker Road and Northampton Boulevard. It is reasonable to conclude that some residents of the development will use public transit. • The submitted parking study states that according to the 2022 US Census data, there are 5,524 jobs within 3/ of a mile of the site. The major roads throughout this area have sidewalks and signalized major intersections with pedestrian crossing equipment. The site is within walking/biking distance to a major commercial corridor and the connecting streets have pedestrian facilities including sidewalks. It is reasonable to conclude that some residents of the development will use bicycles or walk as a mode of transportation. Based on the information provided in the parking study, the proposed 375-unit multi-family development is approved for 582 parking spaces as shown on the site plan provided as an exhibit to the Planning Commission. Any significant changes to the development plan, number of units, or number of parking spaces will void this approval, in which case a new parking study would need to be submitted for review. If I can be of further assistance, please contact me at (757) 385-4621 or by email at kpkemp@vbgov.com. Sincerely, Kevin Kemp Zoning Administrator, City of Virginia Beach Cc: Robert P. Beaman III, Esq., Troutman Pepper Marchelle Coleman,Planning Evaluation Coordinator Victoria Eisenberg, Deputy City Attorney Kaitlen Alcock, Planning Administrator Virginia Beach Residences, EC Agenda Item 11 page 17 of 23 Site • • Virginia Beach Residences, LLC Agenda Item 11 page 18 of 23 Site • • .x n aet e p Virginia Beach Residences, LLC Agenda Item 11 page 19 of 23 Disclosure Disclosure1-ITY Or 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: as listed on application Virginia Beach Residences, LLC,a Delaware limited liability company Is Applicant also the Owner of the subject property? Yeso Nol�) 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? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 3 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Officers:Robert Crumpton,Jason Bailey,Andrew Murray,Tom Spies,and Jeff Hicks. Affiliated entity:Virginia Beach Residences Holdings,LLC,a Delaware limited liability company. Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser. Same as Applicant. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the Gty of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yeso NoQ) if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Virginia Beach Residences, LLC Agenda Item 11 page 20 of 23 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/TaxReturn Preparation 0 e Architect/Designer/Landscape O Plot Studio-Gideon Hinsch&Matt Phillips Architect/Land Planner Construction Contractor 0 Q Engineer/Surveyor/Agent Q Q VHB-Matt Mader&Kenneth Rodman Legal Services 0 Q Troutman Pepper Locke-Robert P.Beaman III 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. ViRGINIA BEACH RESIDENCES,LLC BY: �R, i 1, Applicant Name rint) Kpplicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/30/2025 Marchelle L. Coleman " GDP 7/30/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Virginia Beach Residences, LLC Agenda Item 11 page 21 of 23 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Baker Road Properties LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes@Noo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Members: Baker OZF LLC;JMS OZ Fund,LLC;Ballison OZ LLC;SPAB LLC;ALR Investment LLC Manager: Frank T.Gadams Does the subject property have a proposed or pending purchaser? Yes@ Noo 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 o No Q If yes,name the officiol 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 Atlantic Union Bank cross-collateraIization,etc.) Real Estate Broker/Agent/Realtor O @ Accounting/Tax Return Preparation O @ Architect/Designer/Landscape O ! O Architect/Land Planner { Construction Contractor O 0 Engineer/Surveyor/Agent O @ Legal Services @ O McIntyre Stein,PLLC-John D.McIntyre 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. BAKER ROAD PROPERTIES LLC BY: G1AQ&,S 5 I—W — Property Owner Name(Print) Property Owner Signature balls Disclosure Statement I rev. May-2024 page 3 of 3 Virginia�Beach Residences, LLC Agenda Item 11 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. Virginia Beach Residences, LLC Agenda Item 11 page 23 of 23 VIRGINIA BEACH RESIDENCES,LLC,a Delaware limited liability company BAKER ROAD PROPERTIES LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement") is made as of this 0 day of May, 2025, by and between VIRGINIA BEACH RESIDENCES, LLC, a Delaware limited liability company ("VBR", and to be indexed as grantor); BAKER ROAD PROPERTIES LLC, a Virginia limited liability company(`Baker",and to be indexed as grantor)(VBR and Baker hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Baker is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Numbers 1469-00-5850-0000 and 1469-01-4520-0000 (formerly portions of GPIN Number 1469-01-4169-0000)(the"Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A;and WHEREAS, VBR is the contract purchaser of the Property; and WHEREAS, the Property is currently zoned Conditional A-36, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Baker Road Properties, LLC,a Virginia limited liability company, and Grantee, dated October 28, 2021, and recorded April 15,2022 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office")as Instrument Number 202203022395 (the"Original Proffers");and WHEREAS,the Grantors desires to amend the Original Proffers as stated herein. NOW THEREFORE, the Grantors, for themselves, and their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or GPIN No.: 1469-00-5850-000 1469-01-4520-0000 Document Prepared By: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 3131652340 exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions,namely: 1. Proffered Condition#1 is hereby amended to state in its entirety as follows: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH— CONCEPTUAL SITE PLAN", dated June 17,2025, and prepared by PLOT STUDIO(the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. 2. Proffered Condition#2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property,when developed,shall be in substantial conformity with the exhibits prepared by PRDG,entitled"PRELIMINARY EXTERIOR ELEVATIONS"Sheets A-i and A- 2 for"LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT",dated May 1,2025 (the"Elevations"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. 3. Proffered Condition#3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH-- CONCEPTUAL LANDSCAPE PLAN", and dated June 17, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 4. Proffered Condition #6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." 5. Proffered Condition #7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet (8.5'), respectively, in lieu of the thirty foot (30') minimum setback 3131652340 2 otherwise required under Section 602(d) of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (3.5% in lieu of the five foot(5') minimum setback required under Section 214(b) of the Zoning Ordinance." 6. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references liereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The covenants,restrictions and conditions set forth above,having been proffered by the Grantors and allowed and accepted by the Grantee, shall continue in fiill force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions;provided,however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is pall of the comprehensive implementation of new or substantially revised zoning ordinance,unless,notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Properly at the time of recordation of such instrument;provided fiulher that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia,Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions, including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages or other appropriate action, suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate;(3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Properly on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. 3 3131652340 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: Virginia Beach Residences, LLC, a Delaware limited liability company Name: Title: M-E ko�;a�•,f ` 7*,0 �i fii.e. COMMONWEALTH/STATE OF ALAXAM CITY/COUNTY OF JEVf Rsoy! ,to-wit: The foregoing instrument was acknowledged before me this 3o�4 day of Apgu_ , 2015 , by ��A5og 6Ait-ef , who is personally knownio......n a or has produced as identification, in his/her capacity as Ag*111j9txD Rfa gEM—m7A Ti veof Virginia Beach Residences, LLC,on behalf of the company. ` )c Notary Public My Commission Expires: tz ?.6 ',,� ���������/�I .•' ZMOMAS � Registration No. :'g • ....... •�9 ooTAgY [NOTARIAL SEAL/STAMP] ' gSMTEP 4 GRANTOR: BAKER ROAD PROPERTIES LLC, a Virginia limited liability company By: Name: 6�,4 K_ G'i.EAA As Title: �,,,� COMMONWEALTH OF VIRGINIA CITY OF � �k , to-wit: The fore oin instrument was acknowledged before me this _L day of , 20� c�A , by � who is personally known to me or has pr aced YIVGI!S I 'ls4, as identification, in his/her capacity as vMbG✓ of Baker Road Properties LLC, on behalf of the compfffiy. Notary Public My Commission Expires: *12- 2fl1 Registration No. lu`43(v [NOTARIAL SEAL/STAMP] RENEE LEE RUDISILL NOTARY PUBLIC REGISTRATION Y 7976436 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER31 2026 5 EXHIBIT A Legal Description GPIN 1469-00-5850-0000 & 1469-01-4520-0000 ALL those certain lots, pieces or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, together with the appurtenances thereon, known and designated as "PARCEL 1-A-i" and "PARCEL 1-A-2", on that certain plat entitled "Subdivision of Parcel 1-A (Inst. ##20080619000724260) Property of Baker Road Properties LLC Virginia Beach, Virginia", dated April 28, 2022, and prepared by VHB, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202307000090. IT BEING the same property conveyed to Baker Road Properties, LLC, a Virginia limited liability company, by deed from 1276 Baker Rd LLC, a Florida limited liability company,dated April 16, 2021 and recorded April 29,2021 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202103035976. 6 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #11 Virginia Beach Residences, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item on our agenda is item 11, Virginia Beach Residences, LLC,property owner, Modification of Proffers. Thank you, sir. Mr. Beaman: Thank you Mr. Vice Chair, Madam Chair, Members of the Commission for the record, my name is Rob Beaman, a local land use attorney with the Troutman Pepper Locke Law firm here today on behalf of the applicant for number 11. We've had a chance to review the proffered conditions, and we concur with them and we appreciate being on the consent agenda. Thank you very much. Mr.Coston: Is there any objection to this item being placed on the consent agenda? There being none,we've asked Commissioner Byler to read this into the record. Ms. Byler: This is an approximate 14.6-acre site. Previously it was rezoned or there was an application for 524 unit multifamily. The current project is for 375 unit multifamily. The site is located within the Burton Station Strategic Growth Area, specifically within the North Hampton Diamond Springs Baker Road corridor development focus area. The vision for this area emphasizes the creation of a pedestrian friendly walkable district with convenient access to businesses via streets, bus stops, sidewalks, and adjacent structures. The Burton Station SGA master plan supports the buildings of up to five stories and height with mixed use,including retail, restaurant, office, hotel, limited residential, while reserving a significant portion of land for open space recreation and storm water management. The current application contributes to the City's need for housing and enhances the corridor by removing a long abandoned unfinished sports complex that has remained vacant for over a decade. There being no opposition, it appears appropriate for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms. Byler: Second. 1 have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. You may remain for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X Byler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers Proffer 1 1. Proffered Condition #1 is hereby amended to state in its entirety as follows: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL SITE PLAN", dated May 1, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2 2. Proffered Condition #2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by PRDG,entitled"PRELIMINARY EXTERIOR ELEVATIONS"Sheets A-1 and A-2 for"LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT", dated May 1, 2025 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3 3. Proffered Condition #3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL LANDSCAPE PLAN", and dated May 1, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4 4. Proffered Condition #6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." Proffer 5 5. Proffered Condition#7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet (8.5'), respectively, [begin strikethrough] in Iieu of the tee fE)Gt (W) tback eth.,Fwi'se od , . deF SeGtiE) , 283 of the Z RiRg .,..diRaRee [end strikethrough] in lieu of the thirty foot (301 minimum setback otherwise required under Section 602(d) of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (3.5'), in lieu of the five foot (5') minimum setback required under Section 214(b) of the Zoning Ordinance." Proffer 6 6. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. R15 O O s� IR15 tiro Rf O r O N ® Site W E Property Polygons Jeffrey & Karin Barrett S Zoning . Q 2408 Needle Court Building Feet 0 1530 60 90 120 150 180 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFFREY AND KARIN BARRETT [Applicants] JEFFREY GEORGE & KARIN AUGUSTINE BARRETT JOINT LIVING TRUST [Property Owners] Conditional Use Permit(Residential Kennel)for the property located at 2408 Needle Court (GPIN 1474550319). COUNCIL DISTRICT 2 (Henley) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Residential Kennel to house six dogs in an existing 3,100 square-foot single-family dwelling in the Hillcrest Farm neighborhood. The dogs are personal pets and will be kept within the home except during supervised periods of outdoor relief and play. There is no exterior kennel or breeding proposed. ■ Considerations: This property falls within the Suburban Area, where one of the guiding principles is to support Great Neighborhoods through complementary non-residential uses, which this use is considered. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two speakers spoke in opposition at the Planning Commission hearing, one of which was representing the Homeowners Association (HOA). The opposition noted concerns with operation of a kennel and potential noise. When it was clarified that the applicant was not operating a commercial kennel and was seeking approval to keep six pet dogs, the representative from the HOA withdrew their opposition ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The Conditional Use Permit shall be limited to a maximum of six (6) adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Jeffrey and Karin Barrett Page 2 of 2 4. There shall be no breeding of dogs on the site. 5. 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager:w Agenda Item • A•• and Karin Barrett - Property • Barrett • Barrett Joint . Planning • • • • • Council , 2025 V_City Project Details Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Alexis Bailey Location ��� � ° 2408 Needle Court GP/N 1474550319 Site Size 14,266 square feet A/CUZ 4 "a Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/R-15 Residential (OP) Surrounding Land Uses and Zoning Districts North Vacant lot/ R-15 Residential (OP) South Savannah Way Single-family dwelling/ R-15 Residential (OP) East ` Single-family dwelling/R-15 Residential (OP) West Needle Court Single-family dwelling/ R-15 Residential (OP) Jeffrey and Karin Barrette Agenda Item 18 page 1 of 10 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Residential Kennel to house six pet dogs within an existing 3,100 square foot single-family dwelling on this R-15 Openspace Promotion (OP) Residential District zoned parcel.The dwelling is located within the Hillcrest Farm neighborhood. • The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. Since six dogs are proposed to be kept on the property, a Conditional Use Permit is required. • The dogs will be kept within 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. HistoryZoning # Request / �P� j V 1 CUP (Open Space Promotion) Approved 12/12/1988 y %!(OP) y9ti n iR15(•'P 1 P P,4 y -R15(OP) 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 Jeffrey and Karin Barrett Agenda Item 18 page 2 of 10 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 has not received any opposition regarding this request and staff does not anticipate any adverse impacts to the surrounding residential properties as a result of this request. 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 six (6) adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. 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. Jeffrey and Karin Barrett Agenda Item 18 page 3 of 10 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) Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts e� s� Street Name Piesent�V61urne Present Capacity Generated Traffic Existing Land Use 2-10 ADT Proposed Land Use 3—There is no specific trip generation date for a Needle Court No counts available 9,900 ADT 1(LOS 4 "D") residential 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 'As defined by a 'As defined by a 4LOS= Level of Single-Family Residential Kennel Service Dwelling Unit—1 Unit Master Transporta tion Plan(MTP)and Capital Improvement Program(C/P) Needle 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. Jeffrey and Karin Barrett Agenda Item 18 page 4 of 10 Public Utility Impacts Water The site currently connects to city water. There is an existing 4-inch water main along Needle Court. Sewer The site currently connects to city sewer. There is an existing 8-inch city sanitary sewer gravity main along Needle Court and there is an existing 42-inch HRSD sanitary sewer force main along Savannah Way. PublicOutreach Information Planning Commission • 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,July 29, 2025 and August 5, 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 July 28, 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 8, 2025. Jeffrey and Karin Barrett Agenda Item 18 page 5 of 10 Site Photos 0-01 10 e 1 r v „� � �x,� it 4 s e c./°k`Y �3`9y•k. y r } 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 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 • APPLICANT INFORMATION Applicant Name: j as listed on application J � `�:�� rrrs�_a; Is Applicant also the Owner of the s6bject property? YesaN00 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso Nov if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesbNo 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.) I 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 th 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 entirt' and/or individual Financing(mortgage,deeds of trust, © fi Y1mY� yyi�l^TC3 cross-collateralization,etc.) lJ f�r Real Estate Broker/Agent/Realtor © 0- ��- Disclosure Statement I rev. M a y-2024 page 1 of 3 Jeffrey and Karin Barrett Agenda Item 18 page 7 of 10 Disclosure SECTION APPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accountin ax Return Preparation Architect/Designer/Landscape Architect/Land Planner �( Construction Contractor 0 �J Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ.,I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or coommmi�ttee in connection with this application. rn 2,2 4 .Ss' 5- Applicant Name(Print) Applicant Signature Date 2'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 2`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/22/2025 Alexis Bailey 7/28/2025 Staff Name(Print) tall Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Jeffrey and Karin Barrett Agenda Item 18 page 8 of 10 Disclosure SECTION ' • ' OWNER DISCLOSURE PROPERTY OWNER INFORMATION ( ri/rn9 irc�sT 1�a Property Owner Name:-Jr-r rr y C>r_or e 1�° r �� °""d as listed on application Qr['n kin' 5cLrreL'L Is the Owner a corporation,partners ip,firm,busines tr t r unincorporated business? Yes@No® 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.) je-%r-ram Carov�� (3ct�rtLt + arty. 14 �sf�he QarrGcr` -(o�/ros+�vrSl'T b¢« Cej e*+-- j e-rvr--CLS rie,)kitr-n. Inc r GO'�ewe COOL Does the subject property have a proposed or pending purchaser? Yeso No(a 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 g No() If yes,name the o icial or employee,and describe the nature of their interest. L4ca L—, 33 CL K �1 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 gmer h0d++� MDr}G c. cross-collateralization,etc.) (� O MK 4-R5'soarcp-.-*-s e Real Estat Broke Agen altor �k rZih c Accounting/Tax Return Preparation (Dr O N LP Tax OAeC p.,L.-(c.,� i�iz e Sp,x� Architect/Designer/Landscape O Architect/Land Planner (� Construction Contractor Engineer/Surveyor/Agent ® lJ L Legal Services © J PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. f�4r✓.t 13�rv�c��' �2z 73s - y/a3/a�as j Prop Owner Name(Print) Pro {ty O er Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Jeffrey and Karin Barrett Agenda Item 18 page 9 of 10 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. Jeffrey and Karin Barrett Agenda Item 18 page 10 of 10 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #18 Jeffrey & Karin Barrett Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next agenda item is agenda item 18, Jeffrey and Karin Barrett. Ms.Cuellar: Thank you for being here. So,if you could just tell us a little bit about the application that you're asking for today. Ms. Barrett: My family are animal lovers. There's three things my family fights for, and those are the ones without voice. They're children, elderly, and animals. My mom being in the vet,my niece a vet,my granddaughter studying to become a vet,I've been blessed with all these wonderful rescues,and I stop at six because I know my limit. I,coming from New York,where we had ducks and everything in a housing area, like the one I live in, I was surprised that there was a number, and so I didn't realize there was only four, and so my granddaughter for Christmas gave us two tiny Yorkshire Terrier siblings,and that brought us up to six. Then I realized we can't do that. So, we had to go and get permission. There are family, there are babies. I don't know if any of you rescue animals, but if you've ever rescued a breeder, a female breeder, I've rescued two, one from Pennsylvania and one from the Blue Ridge Mountains. They hid behind the couch for a year. I would have to put a chain around their neck to put them outside. It was bitter cold, and I'd have to pull the chain to get them back in. They were so afraid. It took a year to build confidence and trust. So yes, if I could have more, I would, but I know I'm asking for a blessing here, and that's why I am in front of you. Ms. Cuellar: Oh, well, thank you so much for being here today, Ms. Barrett. Do we have any questions for the applicant? No questions, but we understand there is a speaker here today, so if you,you can go sit back down and then we'll let the speaker speak. Okay,thank you. Clerk: Our first speaker is Anthony McKenzie, followed by Amy Engler Clerk. Mr.McKenzie: Hi,Madam Chair and Commissioners. My name is Anthony McKenzie,and I'm a homeowner in, Virginia Beach, subdivision Hillcrest Farms, where this young lady wishes to, I guess get approved for a kennel. Currently, I know Virginia Beach, I think allows four dogs. She has six. And, our concerns, I'm not here as a board member, even though I'm on the board. The next speaker, Amy, is on the board as the vice president. She'll speak on behalf of the board. So I'm speaking on behalf of McKenzie. I've been in through a lot of neighborhoods, in my 70 years plus. I've never really seen a kennel of any kind in a residential area like ours, where it's nothing but homes,there's no businesses nearby, it's all housing. We have 308 homes in our housing area. So I look at this, and of course I object to it. I tried to look up and I gave it to Amy, because I thought she was speaking first. But Virginia Section code 223 gives guidelines on building kennels, and it states, has to be a 100 feet from the next property line. Behind these, this house, there's only like 32 feet between the back of their house and the fence. So I know it doesn't meet the requirements of a hundred feet. So there's other stipulations as well, and I don't want to get to too much into what Amy's going to talk about, but, I, I just think the noise level is going to be so bad. I mean,thankfully their house is on the backside where they're building the new elbow road, which is a good thing, and then they live on the cul-de-sac, and one side is the cemetery,but they do still have several houses,one directly behind them and one on an angle behind them. But dogs, when they bark, can be very loud. I know my wife walks all through the neighborhood every, almost every day, and she knows where all the dogs are. And of course, they all bark when she walks by in the house,out the house,whatever. But so I just,my point is I just think it's a nuisance to have, I bless the lady for doing that. I mean,how many people will take under their,you know, that many animals to care for them. I,you know, I think it's a great thing for her to do. I just don't think it's something that we should have in a residential area. Thank you. Ms. Cuellar: Thank you very much. Are there any questions for the speaker? Clerk: Our next speaker is Amy Engler. Ms. Cuellar: If you could please state your name for the record, and if you're representing, Homeowners Association,the name of it. Ms.Engler: Okay. My name is Amy Engler, and I'm representing Hillcrest Farms Homeowners Association. I'm the vice president, and I was surprised to see the sign in the neighborhood. We do have an application that homeowners can submit for variances in our guidelines, in our bylaws, which we have not received an application at all from this homeowner. it looks like it's, she wants just a variance to have six dogs rather than have a business of having a kennel like Sterling Meadows down the road. So I don't know if we do not allow businesses in our declaration or our homeowners association. So this would take a precedence there, but she would, I feel, have to go through the process of the a CC application and go through the board of directors, how we do to paint our house to change the color of a door or anything like that. The other thing is the city ordinance, how is she, what is her business plan? What, I mean,there's a lot of questions that we need to have answered, and if she went through the process of the review, we would get those answers. So the board is against it. I'm speaking for the five members of the board, and,that's all I have really. Ms. Cuellar: Okay. Well, thank you so much for being here. Are there any questions from Commissioners? Commissioner Coston? Mr. Coston: I can't get this thing. So to my understanding, you didn't know that they had six dogs. It's not that they're applying to get six dogs. They already have. Ms. Engler: I just heard that today that they have six dogs. They have six dogs. So you didn't know, I just heard that today. Ms. Cuellar: Commissioner Cromwell. Mr.Cromwell: Are there any talk to your bylaws that specifically prohibit or speak to the number of dogs in a household? Ms.Engler: No, but we do not allow businesses. Mr.Cromwell: What business are you speaking of? I don't see where she's asking for a business. Ms. Engler: Well, I thought a dog kennel was a business, having a dog kennel is a business. Mr.Cromwell: I think,correct me,Holly,if I'm wrong,she's asking for a variance for the number of dogs kept at her residence. They're not for sale,they're not breeding. Ms. Cuellar: Exactly. So I think maybe there might be some wordsmithing where we can either ask our attorney or our Zoning Administrator for the kennel a conversation. It sounds to me what I'm hearing, both from you and our previous speaker, that you're concerned that the applicant is running a business out of her home. When what I'm hearing is that she owns six dogs and that our ordinance allows four dogs for all residents in our city. If you have more than four, you have to apply which Ms. Barrett is doing for this application, and we will have her come back up for rebuttal. But it's my intention, she's not having a business. She's just owning and loving these six dogs. Ms. Engler: I understand that now. I did not know that, and from the signage it said kennel. Ms. Cuellar: Absolutely. I think that's very fair. We're all learning, and, if you would indulge us, I'm going to ask our Zoning Administrator, Mr. Kemp, for that clarification. Mr.Kemp: Right. Residential kennel is just the use category that our ordinance calls out for that. You know, the chairwoman was absolutely right. We only permit four dogs. Anything over you need a use permit,and that's just where it got classified when the ordinance was written years ago. So in this case, there is no business proposed. The dogs will be kept in her house. So, the provisions of Section 223 really don't apply as long as the dogs are kept in her house. But there is no,and it is conditioned such that there's no commercial operation,it will only be her dogs,the six dogs that are there permitted on the property. Ms.Cuellar: So hopefully that helps. It helps you better understand what's happening. And that's part of our job here, is to help,you know,residents better understand what's going on with each of these applications. Ms.Engler: Yeah. Well,we didn't know, so that makes more sense. Would it limit her six rather than, does it give her a number then? Ms. Cuellar: Sure. No, we appreciate that. She has requested six, and so we've put in this application no more than six. Also by the applicant's very words herself, she said,and I heard this correctly, she knows her limits and that she received, she had four dogs and received two as a gift, and that her heart is so full of love, and then when she learned that this is our requirement for our city as it would be for you or if we had multiple dogs, would be to come here today to be in compliance. Ms.Engler: Okay. No problem. Thank you. I love dogs too. Ms. Cuellar: Yeah. One,we have one more question from Commissioner Byler. Ms.Byler: Now that you know,the intent is not to have a business, but just to have six pets, as I believe the applicant stated like members of the family, do you, and does the homeowners association still object? Ms. Engler: No. Ms. Cuellar: Thank you. Thank you so much. Thank you for being here. Yes, Ms. Barrett,you now have, if are the first one to clarify if there are any more speakers. Clerk: There are no other speakers at this time. Ms. Cuellar: Ms. Barrett,now you have an opportunity to come back for rebuttal. Ms. Hippen: I have a question for her. Have you had anyone complain about your dog's making too much noise? Ms. Barrett: No. When I went around to the neighbors, they didn't even know I had all those dogs. They said they never hear them. I teach real estate, you know, in my spare time and my understanding, and correct me if I'm wrong,a variance is for an individual when, for example, if I had a gas station and lightning struck the gas station and it burnt down, and I am asking for a hardship. So I'm asking for a variance, a conditional use and that's only for one person, a Conditional Use Permit,which I've done is for my own personal. It's not going to benefit anybody else where a variance can benefit other people, such as in a gas station when he rebuilds it. But it usually deals with a hardship. And that's why I didn't check variance or anything, because in my mind,when I was teaching,that's what the book said,and that's what I taught unless Virginia Code has it wrong. So,I wanna thank all of you for being understanding, and thank you. Ms. Cuellar: Thank you for being here today. Are there any questions for Ms. Barrett? Thank you very much. We'll now open the floor for discussion, or to entertain a motion. Mr. Coston: I'd like to make a motion that we approve this item. Ms. Cuellar: We have a motion. Is there a second? Ms. Schoonover: I'll second. Ms. Cuellar: We have a motion from Commissioner Coston to approve, and a second by Commissioner Schoonover. Is there any further discussion? Clerk: The vote is open by recorded vote of 10 to 0, item 18 for Jeffrey and Karin Barrett has been recommended for approval. Vote Tally Commission Member AYE 10 NAY 0 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 six(6) adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. 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. A24(PDH2' PNo�NE PEE PLM DOLTON gR B2 RSD B2 B-2 �o titi 01 rt, N ® Site N p zoning Lavar Hyman W8 0 Property Polygons 4859 Dolton Drive, Unit A S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 fo1"1"' "'""a ito � •''H s+ts' J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAVAR HYMAN [Applicant] ANNARINO ENTERPRISES LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4859 Dolton Drive, Unit A (GPIN 14772044383530). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Car Wash Facility in an existing 2,200-square-foot unit in a commercial condominium. The Car Wash Facility will be a limited operation to include handwashing vehicles in front of the suite's garage bay. During the washing of vehicles, the applicant will place an absorption sock atop the stormwater drain to the left of the suite to prevent runoff from directly entering the stormwater system untreated. After vehicles are handwashed, they will undergo interior and exterior detailing. Proposed hours of operation are 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. Three parking spaces are required and provided on site. Except for door and window signage, no exterior changes are proposed with this request. ■ Considerations: The property is located in the Central Business District — Bonney Area of the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from auto-centric uses and to develop as a mixed-use, mid-rise neighborhood. While not meeting the Comprehensive Plan's recommendations for the Central Business District, the request for a Conditional Use Permit is an acceptable interim use given the current concentration of auto-centric uses in the area. Since the proposed use does not align with the vision outlined in the Comprehensive Plan for this area, staff is recommending a five-year expiration on the Conditional Use Permit, should it be approved. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Lavar Hyman Page 2 of 2 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Car Wash Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m., on Saturdays. 3. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations as approved by the City of Virginia Beach Department of Public Works. 4. Vehicles will only be located in the servicing area at the front of the suite when being actively detailed. In the event there is a queue for services, vehicles shall be parked in a designated parking space in the parking lot until they are to be serviced. 5. No repairs of motor vehicles shall occur. 6. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles in the sites parking lot. 8. The use of amplified speakers outdoors is prohibited. 9. The removable drain sock used to prevent runoff generated by this use from directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. 10. No car shows shall occur on the site. ■ 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: /Y Agenda Item 20 Applicant: Property • Enterprises Planning Commission ' • • 2025 CouncilCity C- Project Details Request Conditional Use Permit (Car Wash Facility) . Staff Recommendation Approval o ..,__" j 'R•fE�" -�.� Staff Planner Alexis Bailey `^ Location z 4859 Dolton Drive, Unit Ate ' GP/N 14772044383530 Site Size 2,200 square feet A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Dolton Drive Multi-family dwellings/A-24 Apartment South { Wooded undeveloped lot/ 1-1 Light Industrial East ` Childcare Education Center/ B-2 Community Business West Vacant lot/ B-2 Community Business Lavar Hyman Agenda Item 20 page 1 of 13 Background ► SummaryofProposal • The applicant seeks a Conditional Use Permit to operate a Car Wash Facility for a handwashing and detailing business in a 2,200 square-foot suite within an existing commercial condominium on this B-2 Community Business zoned parcel • On April 15, 2025, a Zoning Complaint was opened for the operation of a Car Wash Facility without a Conditional Use Permit which led to the subject application being filed. • The Car Wash Facility proposed will be a limited operation that will take place in front of the suite's garage bay door. Vehicles will be handwashed one at a time using a pH-neutral soap and minimal water utilizing a water reclamation system. Additionally, the applicant will place a removable absorption sock on the stormwater drain in the parking lot to the left of the suite to prevent runoff from directly entering the stormwater system untreated. After vehicles are washed, they undergo exterior and interior detailing. • The applicant has installed door and window decals, but no additional exterior changes are proposed. • The proposed hours of operation are 9:00 a.m.to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 2:00 p.m. on Saturdays. • Per Section 228.1 of the Zoning Ordinance, Car Wash Facilities are required to have three parking spaces. The unit is assigned two parking spaces and there are seven spaces for guests on the property that can be utilized by the applicant,thereby satisfying the parking requirement. Lavar Hyman Agenda Item 20 page 2 of 13 Zoning • # Request r � �� CRZ (1-2 to Conditional 0-1) Approved 08/25/2009 �`'� ` ���� 3 ),j.01 "� CUP (Religious Facility) Approved 08/25/2009 '.. Rs MDP Approved 12/11/2007 MDP Approved 07/10/2007 r — az MDP Approved 02/11/2003 2 MDP Approved 11/14/2000 MDP Approved 06/13/2000 / \ CRZ (R-5D to Conditional B-2) Approved 07/13/1993 CRZ (A-12 to Conditional A-24 with a PD-H2 3 Overlay District) Approved 04/05/2005 c' 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 EvaluationRecommendation In Staff's opinion, this request for a Conditional Use Permit to operate a Car Wash Facility in an existing commercial office condominium is acceptable.The subject site is located in the Central Business District— Bonney Area 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 Central Business District —Bonney Area which calls for mixed-use office, commercial, residential, and hospitality elements to complement the adjacent Central Business District Core Area. However, the proposed Car Wash Facility is in keeping with the auto-oriented uses and landscape of the district today and is deemed appropriate as an 'interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. As such, Staff is recommending a five-year expiration if the Conditional Use Permit is approved (Condition 1). At the end of the five-year period, another Conditional Use Permit must be applied for and approved in order for the Car Wash use to continue. The applicant's proposal includes no major alterations to the existing building and, while it will add to the mix of businesses in the commercial office condominium, no negative traffic impacts are anticipated as a result of this use. The applicant will ensure that no water enters the storm drain without treatment through the use of a reclamation system and a removable absorption sock. To prevent ponding or other issues, Staff recommends Lavar Hyman Agenda Item 20 page 3 of 13 Condition 9 to require that the removable drain sock not be installed during inclement weather. As a further safeguard, the applicant has stated that no washing will occur when there is inclement weather. While the preliminary information provided to Staff appears to adequately address concerns regarding runoff, Staff is recommending Condition 3 to ensure all runoff generated by the use is collected and treated in a manner acceptable to the Department of Public Works in accordance with applicable stormwater regulations. Based on these considerations above, Staff recommends approval of this application subject to the following exhibits and conditions. Recommended Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action.To continue the use of the Car Wash Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m., on Saturdays. 3. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations as approved by the City of Virginia Beach Department of Public Works. 4. Vehicles will only be located in the servicing area at the front of the suite when being actively detailed. In the event there is a queue for services, vehicles shall be parked in a designated parking space in the parking lot until they are to be serviced. 5. No repairs of motor vehicles shall occur. 6. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles in the sites parking lot. 8. The use of amplified speakers outdoors is prohibited. 9. The removable drain sock used to prevent runoff generated by this use from directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. 10. No car shows shall occur on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Lavar Hyman Agenda Item 20 page 4 of 13 Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This project falls within the Pembroke Strategic Growth Area in the Central Business District—Bonney Area. This area consists of newly refurbished, midsize and extended stay-hotels, office buildings, and the new City View residential development (p. 29 Pembroke SGA Master Plan). An Environmental Stewardship goal is to "facilitate and promote transportation options beyond the automobile" (p. 29, Pembroke SGA Master Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic There is no trip generation data available for auto detailing. However, the proposed auto Dolton Drive No counts available No counts available detailing use is an expected use in the commercial strip center and thus will not have a significant impact on the surrounding roadway network. Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Dolton Drive is a two-lane local street. This roadway is not included on the Master Transportation Plan. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Lavar Hyman Agenda Item 20 page 5 of 13 Public Utility Impacts water The site currently connects to city water. There is an existing ten-inch city water main along Dolton Drive Sewer The site currently connects to city sewer. There is an existing eight-inch city sanitary sewer gravity main along Dolton Drive. Public Outreach Information Planning Commission • 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,July 29, 2025 and August 5, 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 July 28, 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 8, 2025. Lavar Hyman Agenda Item 20 page 6 of 13 Proposed Signage ' s xxre a j Hours Mon-Fri:9:00am-5:OOp m Saturday:9:00am-2:00p m Sunday:Mobile Service Only 11 (757)651-0004 theautospol.com as k. i i f±e � � � 1i8�ii!!!! , 4Pl.1ti13�t€�� 1it9 it rir � raa rr tllilttEfil'litr 101 1 1I� r+ ��t � $ 4i i i 1�1A► iIII it� t u � Site • • WAR m� a, s Lavar Hymanrt Agenda Item 20 page 8 of 13 Site Photos .tit y Disclosure C!" Y OF VB � Disclosure r 1 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 Lavar Hyman Is Applicant also the Owner of the subject property? Yes()No4 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? Yes()Noe If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 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, Q Q cross-collateralization,etc. Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page I of 3 Lavar Hyman Agenda Item 20 page 10 of 13 Disclosure SECTION APPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation © O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 . is Engineer/Surveyor/Agent Legal Services C) 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,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. Lavar Hyman 'At"" rnQn 05/01/2025 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 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 CITY USE ONLY: No changes as of(date): 7/23/2025 Alexis Bailey 7/28/2025 Staff Name(Print) tall Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Lavar Hyman Agenda Item 20 page 11 of 13 Disclosure SECTION ♦• OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: os listed on applicotion Annarino_Enterprises,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'or affiliated business entity z relationship with the applicant. Attach list if necessary.) grace A. Luna Tracy A.Hill Does the subject property have a proposed or pending purchaser? Yes© Noe 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 subjectland or any proposed development contingent on the subject public action? Yes© No • if ves,name the o icial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © e Accounting/Tax Return Preparation © e Architect/Designer/Landscape Architect/Land Planner G (Construction Contractor 0 e Engineer/Surveyor/Agent 0 /©) Legal Services © / — �� - PROPERTY OWNER CERTIFICATION READ:l 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 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. Jayne A. Luna G` fr r,112—----- 06/23/2025 Property Owner Name(Print) Lyroperty Owner Srignature Date Disclosure Statement I rev. May-2024 page 3 of 3 Lavar Hyman Agenda Item 20 page 12 of 13 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. Lavar Hyman Agenda Item 20 page 13 of 13 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #20 Lavar Hyman Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Next item on our agenda is item 20,Lavar Hyman, property owner Conditional Use Permit for car wash facility. Mr. Coston: Please state your name for the record. Mr. Hyman: Lavar Hyman. Mr. Coston: Have you reviewed the proffers and are they acceptable to you? Mr. Hyman: Yes. Mr. Coston: Thank you. You may be seated. Is there any objection to this item being placed on the consent agenda? Seeing none. We've asked Commissioner Anderson to read this item into the record. Mr.Anderson: The applicant seeks a Conditional Use Permit to operate a car wash facility for a hand washing and detailing business in a 2200 square foot suite within an existing commercial condominium on the B2 Community business zone parcel. On April 15th, 2025, a zoning complaint was open for the operation of a car wash facility without a Conditional Use Permit, which led to the subject application being filed. The car wash facility proposed will be a limited operation that will take place in front of the suites garage bay door. Vehicles will be hand washed one at a time using a pH neutral soap and minimal water utilization, utilizing a water reclamation system. Additionally, the applicant will place a removable absorption sock on the storm water drain in the parking lot to the left of the suite to prevent runoff from directly entering the stormwater system untreated. After vehicles are washed, they undergo exterior and interior dwellings. With no objections,we put this on the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X Byler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Car Wash Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m., on Saturdays. 3. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations as approved by the City of Virginia Beach Department of Public Works. 4. Vehicles will only be located in the servicing area at the front of the suite when being actively detailed. In the event there is a queue for services, vehicles shall be parked in a designated parking space in the parking lot until they are to be serviced. 5. No repairs of motor vehicles shall occur. 6. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles in the sites parking lot. 8. The use of amplified speakers outdoors is prohibited. 9. The removable drain sock used to prevent runoff generated by this use from directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. 10. No car shows shall occur on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 4,�AF o���F rtio� 1 � F,o F� OF �c Fe tP o B2 G'tiF,� B2 '10 O� O 100 o ® Site N p zoning Tint Daddy of Virginia Beach, LLC W E 0 Property Polygons 4912 Rutherford Road s Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 N{'b. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TINT DADDY OF VIRGINIA BEACH, LLC [Applicant] CLEMSON JBS, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 4912 Rutherford Road, Suite 101 (GPIN 1479233301). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage within an existing 1,250-square-foot suite on this B-2 Community Business zoned parcel. More specifically, the applicant is proposing to operate an automobile window tinting service within the suite. The proposed hours of operation are 9:00 a.m. to 6:00 p.m., Monday through Saturday. Parking for the existing and proposed uses can be met on site. No alterations to the exterior of the building are proposed, except for an adhesive sticker with the company's logo to be placed on the door of the suite. ■ Considerations: The property is located within the Suburban Area where one of the guiding principles is to support Great Neighborhoods through complementary non- residential uses, which this use is considered. The site is located along a minor commercial corridor and proposes to utilize an existing suite in a retail center. In Staffs opinion, this use will not be detrimental to or negatively impact adjacent properties. While opposition was received prior to the hearing, it was withdrawn after Condition 3 was modified to limit the repair activities solely to window tinting. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 9, 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. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. No vehicles in obvious state of disrepair shall be parked in the parking lot at 4912 Rutherford Road or on Rutherford Road. 3. All maintenance and repair activities, which shall be limited to window tinting services only, shall be conducted exclusively within the designated unit Tint Daddy of Virginia Beach, LLC Page 2 of 2 located at 4912 Rutherford Road, Suite 101. 4. Hours of operation shall be between 9:00 a.m. and 6:00 p.m., Monday through Saturday, only. 5. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 6. 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 which 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 Petition of Opposition (7 Signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01 City Manager: Agrenda A•• Daddy of Beach, VB_ • ••' • i • • • • • • CouncilCity • Project Details Request Conditional Use Permit (Automobile Repair Garage) \ � Y Staff Recommendation al '�JD Approval " StaffPianner Madison Eichholz IrkLocation 4912 Rutherford Road, Suite 101a GP/N p 1479233301 Site Size 25,979 square feet A/CUZ Less than 65 dB DNL Watershed + Chesapeake Bay Existing Land Use and Zoning District oJ`' Office warehouse/ B-2 Community Business , , Surrounding Land Uses and Zoning Districts F g North Restaurant/ B-2 Community Business = ' �Ro ,. 41 South o� Rutherford Road Single-family dwellings/ R-10 Residential r ' . East Office/ B-2 Community Business West Retail/ R-10 Residential Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage within an existing 1,250-square-foot suite on this B-2 Community Business zoned parcel. • Specifically, the applicant is proposing to operate an automobile window tinting service, which involves the application of a protective film to vehicle windows for purposes such as heat reduction, privacy, and aesthetic enhancement.There is no outside storage proposed, as all business operations will be conducted within the building. • The proposed hours of operation for the Automobile Repair Garage will be 9:00 a.m. to 6:00 p.m., Monday through Saturday.There is a total of three employees associated with the business. • Per Section 203 of the City Zoning Ordinance, two parking spaces are required for this use based on the unit's square footage.There are 21 parking spaces on the site, thereby satisfying the requirement. Parking will be met for current and proposed uses. • No alterations to the exterior of the building are proposed, except for an adhesive sticker with the company's logo to be placed on the door of the suite. Zoning • Map Key No. Request / 1 CUP (Automobile Service Station) Approved 08/10/1994 1 f CUP (Car Wash) Approved 08/14/1996 2 CUP (Car Wash Facility& f l Office/Warehouse) Approved 03/23/1999 CUP(Tattoo Parlor) Approved 3 t4 02/20/2024 , _ Rio 4 CUP(Assembly Use) Approved' , 03/18/2025 � 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 Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 2 of 12 Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable. The proposed use is consistent with the Comprehensive Plan's land use policies for the Suburban Area. One of the guiding development principles of the Suburban Area is the creation of"Great Neighborhoods", which includes stable and sustainable neighborhoods supported by complementary non-residential uses.The proposed use is compatible with the adjacent properties and will provide a service to the community. This is considered a complementary use as it is a window tinting business along a minor commercial corridor, utilizing an existing suite in a retail center. No major alterations are proposed to the building and sufficient parking is provided on site. In Staff's opinion,this use will not be detrimental or negatively impact adjacent properties. The conditions ensure that all repairs will occur within the building. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. No vehicles in obvious state of disrepair shall be parked in the parking lot at 4912 Rutherford Road or on Rutherford Road. 3. All 49PhiGIP MAiAtPRaRr=e aRGI FepaiFs shall 9F; y take plaee inside the de igRated URit at 4912 Ratherferd-Read, Swite 15=. All maintenance and repair activities,which shall be limited to window tinting services only, shall be conducted exclusively within the designated unit located at 4912 Rutherford Road, Suite 101. 4. Hours of operation shall be between 9:00 a.m. and 6:00 p.m., Monday through Saturday, only. 5. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 6. 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 which 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. Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 3 of 12 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) Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use- No Data Available Proposed Land Use' -The proposed auto window tinting is Rutherford Road No Data Available' No Data Available) consistent with the small strip commercial/industrial center. Therefore, no significant change in trip generation is expected with this proposed use. 1 Average Daily Trips 'As defined by an Automobile Repair Garage Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Rutherford Road in the vicinity of this application is considered a two-lane undivided local street. There are no roadway Capital Improvement Program projects slated for this area. Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 4 of 12 Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water&Sewer The site connects to City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on 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,July 29, 2025 and August 5, 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 July 28, 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 8, 2025. Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 5 of 12 Proposed Layout ' a"Y � 9 3' 1 ry�a. F r , a n Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 6 of 12 .�.-W' w. rat > � al F Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 7 of 12 PhotosSit A711 . N k •� t Z L jyp�y e 1�& Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 8 of 12 Disclosure VIRGINIA CITY OF Disclosure- BEACH Statement fihe disclosures contained in this form are necessary to inform public officials who ,nay vote on the application as to whether they Rove 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 bathes, oil w-1 1 a all APPLICANT INFORMATION Applicant Name: as listed on cippli.otion Tint Daddy ' of Virginia Beach, LLC Is Applicant also the Owner of the subject property? Yeso NoQ If no, Praperry Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)No0 if yes,name Representative: Sandra Fletcher 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 nor uffilioted business entity z relationship with the applhconi.(Attach list if necessary.) Alex Ocheltree Steven Thacker i Does the • subject property have a proposed or pending purchaser? Yes No 11 yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE ' Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 f yes,name the of/ic,ai or employee,and describe the nature of their interest. i f APPLICANT SERVICES DISCLOSURE READ:The Applicant most certify whether the following services are being providct It,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.f SERVICE YES NO SERVICE PROVIDER — -- 1N i ameenti�and/orindividua�� Financing(mortgage,deeds of trust, O cross-collateraliz ation,etc.) Real Estate Broker/Agent/Realtor 0 Q Disclosure Statement I rev May-2024 Page 1 of 3 Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 9 of 12 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) ;Accounting/Tax Return Preparation ^ 0 Architect/Designer/Land cape Architect/land Planner I O Construction Contractor 0 0 Engineer/Surveyor/Agent Legal Services 0 E) APPLICANT CERTIFICATION READ:i certify that ad information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein 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. Tint Daddy of Virginia Beach,L 611-7/--o-Z_ ' Applicant Name(Print) Applicant Signature Date -t "Parent-subsidiary relationship"means"a rz lationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corpora#ion."See State and Local Government Conflict of lnterests 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 cormningled funds or assets;the business entities share the use of the same 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): _.7/22/2025 Madison Eichh_olz �$ � ,rlr�G 7/22/2025 Staff Name(Print) Staff Signature t-3�it May y2024 page 2 of 3 Disclosure Statement I rev. Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 10 of 12 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Clemson JIBS,LLC 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 o parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) �A^'�ES S�ICkS 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 sub' ct land or any proposed development contingent on the subject public action? Yes 0 No It 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 i YES NO SERVICE PROVIDER i Name entity and/or individual Financing(mortgage,deeds of trust,:; © �( cross-collateralization,etc.) l�Jy Real Estate Broker/Agent/Realtor 0 aO Accounting/Tax Return Preparation 0 a Architect/Designer/Landscape 0 or Architect/Land Planner �( Construction Contractor 0 `✓ Engineer/Surveyor/Agent 0 i [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, 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 ody or committee in connection with this application. 512-(25 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Tint Daddy of Virginia Beach,%LLC Agenda Item 22 page 11 of 12 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. Tint Daddy of Virginia Beach, LLC Agenda Item 22 page 12 of 12 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #22 Tint Daddy of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Coston: Thank you. Our next item is Tint Daddy of Virginia Beach,Conditional Use Permit. Mr. Ocheltree: Thank you. My name is Alex Ocheltree. Mr. Coston: Are the conditions acceptable to you? Mr. Ocheltree: Yes, sir. Mr. Coston: Thank you. You may be seated. Thank you. Is there any objection to this item being placed on the consent agenda? Mr.Mauch: Mr.Vice-Chair,I believe we have a modification to a condition. I just wanna make sure that he puts it on the record that he's okay with it. I'll read in what that is. If you don't mind just setting back up, I apologize. For condition three, it read all motor vehicles maintained and repaired shall only take place inside the designated unit at 4912 Rutherford Road, Suite 101, and we're going to change that to say all maintenance and repair activities, which shall be limited to the window tending services only shall be conducted exclusively within the designated unit at 4912 Rutherford Road, Suite 101. Is that acceptable to you? Mr. Ocheltree: Yes, sir. Mr. Coston: Okay. Thank you. Any objection to this item being placed on the consent agenda? There being none,we've asked Commissioner Mauch to read this into the record. Mr. Mauch: Thank you. Agenda item number 22 is for Tint Daddy of Virginia Beach, LLC, located at 4912 Rutherford Road, Suite 101. Tint Daddy is requesting a Conditional Use Permit to operate an automobile repair garage within existing 1,250 square foot suite on this B2 community business zone parcel. Specifically, Tint Daddy is proposing to operate an automobile window tinting service, which involves the application of protective film to vehicle windows for the purpose such as heat reduction,privacy,and aesthetic enhancement. There's no outside storage proposed as business operations will be conducted within the building. The Commission is in agreement with noting the modification of condition number three, staff s opinion that this request for a Conditional Use Permit for an automobile garage is acceptable. And for that we put this on the consent agenda, hearing no opposition. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr.Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda,your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person,but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X Byler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. No vehicles in obvious state of disrepair shall be parked in the parking lot at 4912 Rutherford Road or on Rutherford Road. 3. All rpetn—r ve-hiele mainteRaRGe and FepaiFs shall GR!y take place inside the de-SigRated WRit-at- 4912 RutheFfeFd Read Su4e 9 . All maintenance and repair activities,which shall be limited to window tinting services only, shall be conducted exclusively within the designated unit located at 4912 Rutherford Road,Suite 101. 4. Hours of operation shall be between 9:00 a.m. and 6:00 p.m., Monday through Saturday, only. 5. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 6. 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 which 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. - ca b-�/r e l'r'-'F-!c" 4•'�'o r<.-s:'-�� o„/� •�v-�'h�� � / ✓� Cf7�J 6tl.4Jr� �:c��,/c: �.� Y::r.-Y=-;�'v�4 S%c't�!�-.�•z1-rJ oCe JYPIo�' or�/ ��o !-c P�f� q Q��9 f� s or 9 1 C1L -2Y - OR(STR-OR) nn � cr m m OR(STR-OR) OR HP%-F s� a �G m OR(STR-OR) 27�H Hp,"F ST�,. A3fi(OB) a , Al2(OB) R5S(OB) �0 Z�TH s� OR(STR-OR) ® Site N 17--1 Zoning Malinda Lyon W*17. 0 Property Polygons 304 28th Street, Unit 210 S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 ��Ni�tiyy } i•l iJ ';J y, p"J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MALINDA LYON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 210 (GPIN 24280028662010). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a two-bedroom unit in the Playa Rana Condominiums located at 304 28th Street, Unit 210. The site has a prior zoning compliant which was resolved when the online short term rental advertisement was removed. The site is not currently advertised and the last known documented stay took place on March 31, 2022. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of 12 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with each unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonable met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 210, and the Short Term Rental use shall only occur in the principal structure. Malinda Lyon Page 2 of 4 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Malinda Lyon Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the Malinda Lyon Page 4 of 4 building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures, and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager./ V Agenda Applicant & Property •. Lyon Planning Commission • • • CouncilCity 1 • (Remick) V_B' ------------- Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval gtlR Staff Planner Alexis Bailey Location 304 28th Street, Unit 210 GP/N A 24280028662010 a � " Site Sizex 53,138 square feet A/CUZ 65-70 dB DNL; Sub-Area 1 Watershed ►° Aw Chesapeake Bay Existing Land Use andZoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North , ' + 28th StreetYA Hotel OR Oceanfront Resort l South 27Ih % Street , , ''� zTot Slf Single-family dwellings, multi-family dwellings/A- " '! "' "' 'gg 12 Apartment A-36 Apartment j East Restaurant/OR Oceanfront Resort West Arctic Avenue Retail, single-family dwelling/OR Oceanfront Resort/ R-SS Residential Malinda Lyon Agenda Item 23 page 1 of 13 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 304 28th Street, Unit 210.The 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 2008. • Staff inspected the site on May 21, 2025 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur on the public street. • On February 22, 2022, a zoning complaint was received for the operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. The compliant was resolved on July 31, 2023, when the advertisement was removed. • The applicant was registered and paying transient occupancy taxes to the Commissioner of Revenue prior to July 1, 2018, specifically from January 2013 to September 2022, and therefore, qualified as a grandfathered Short Term Rental. However, since the property was not used as a Short Term Rental for a period of two (2) years or more and has not been registered or paying transient occupancy taxes since September 2022, the grandfathered designation has been lost and a Conditional Use Permit for Short Term Rental use is required prior to operating. • Known Short Term Rental activity as of June 9, 2025, as seen in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No March 31, 2022 No Malinda Lyon Agenda Item 23 page 2 of 13 Short Term Rentals in the Vicinity , i 1� 1 , Vi � 1lyy l 2gt"St n l f t G 9< -AP0 m 17tN 5t m ,\`t m y t> ttOILY RO T 9 .. �.40,Gr t d81® 15t / 4 51 _ 15tH St Short Term Rentals 1 Y STR Permits(71) , Summary ofProposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Malinda Lyon Agenda Item 23 page 3 of 13 Zoning History urn # Request CUP (Short Term Rental) Approved 10/15/2024 CUP (Short Term Rental) Approved 07/09/2024 'A _ ST CUP (Short Term Rental) Approved 06/04/2024 - CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 CUP (Short Term Rental) Approved 06/01/2021 " CUP (Short Term Rental) Approved 06/01/2021 1 CUP (Short Term Rental) Approved 04/06/2021 g�' f CUP(Short Term Rental) Approved 04/06/2021 t N CUP (Short Term Rental) Approved 10/20/2020 'A CUP (Short Term Rental) Approved 07/25/2020 CUP (Short Term Rental) Approved 07/25/2020 ' j', A36 CUP (Housing for the Elderly) Approved `, n ? A 2 04/23/1996 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 applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of twelve approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance,Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Malinda Lyon Agenda Item 23 page 4 of 13 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 281h Street, Unit 210, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Malinda Lyon Agenda Item 23 page 5 of 13 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance Malinda Lyon Agenda Item 23 page 6 of 13 inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. PublicOutreach Information Planning Commission • 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,July 29, 2025 and August 5, 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 July 28, 2025. Malinda Lyon Agenda Item 23 page 7 of 13 • 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 8, 2025. �Malinda Lyon Agenda Item 23 page 8 of 13 Site Layout & Parking Plan Ilk I c4 .,..- Assigned Parkin "' Space for Unit 210 r s rX .- _ : � .. • 4 �zr, ID Malinda Lyon Agenda Item 23 page 10 of 13 Disclosure CITY OFDisclosure VIRGINIA V-B� 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 Malinda Lyon Is Applicant also the Owner of the subject property? Yes@ No4 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo@ if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No Q9 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, @ I Q PennyMac Loan SrewcesPO Box 30597 Los Angeles,CA90030 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Malinda Lyon Agenda Item 23 page 11 of 13 Disclosure SECTION APPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and or individual Q Q YM Fhwdal Servises7JoMs Tax Service 6310 Barharbor Drite,Norfolk,VA 23502 Accounting/Tax Return Preparation Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor © e Engineer/Surveyor/Agent o Legal Services C) e APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Malinda Lyon Malinda Lyon , osp2- ,14 s-NW 04/08/2025 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 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 CITY USE ONLY: No changes as of(date): 7/22/2025 Alexis Bailey 7/28/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Y � Malinda Lyon Agenda Item 23 page 12 of 13 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Malinda Lyon Agenda Item 23 page 13 of 13 STR VICINITY MAP MALINDA LYON a �` �LPSKIN R 3p1H HPLF 51 .-.: , V , 29SH St !✓ ` , LLY y ZbtN st vi a - 521 n st Y aG ,. f StµµpLF 3 T HOLLY RO - m µ 51 2n 00 J ID` 261K µA 0. 251HHPLF 251H st Short Term Rentals STR Permits(71) Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item # 23 Malinda Lyon Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next item is item 23. Malinda Lyon,property owner, Conditional Use Permit for a short-term rental. Is there a representative? Is there any objection to this item being placed on the consent agenda? Ms.Lyon: I'm sorry I wasn't able to unmute myself. I'm on WebEx. Malinda Lyon. Mr. Coston: Are the conditions acceptable to you? Ms. Lyon: Yes, sir. Mr.Coston: Is there any objection to this item being placed on the consent agenda? There being none. We've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: This is an application by the property owner, Malinda Lyon, for short-term rental at 304 28"'Street,Unit 210. The Conditional Use Permit is in,comports with the city's regulation. It's been recommended for approval by staff and there is no objection,and that's why it was placed on the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 Ix Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28t" Street, Unit 210, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. ZZND S� t OR(STR-OR) a.. ,. a O R v� m OR(STR-OR) 21SS sT ® Site N Zoning JE & JK LTD, LLC WE (� Property Polygons 401 21 st Street, Unit 3 S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JE & JK LTD, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 401 21St Street, Unit 3 (GPIN 24270854826390). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a one-bedroom unit in the Sea Crest Condominiums located at 401 21St Street, Unit 3. The site has no prior zoning complaints, is not currently advertised, and there are no prior rentals. ■ Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental within the Sea Crest Condominiums. There is one assigned parking space associated with this unit in the condominiums parking lot satisfying the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. There was one speaker in opposition at the Planning Commission who expressed concern about year-round short term rental use when the Condominium Association only permits short term rental use during the summer months. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 401 21st Street, Unit 3, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. JE & JK LTD, LLC Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. JE & JK LTD, LLC Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of JE & JK LTD, LLC Page 4 of 4 one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager%P�p Agenda I Applicant & Property Planning Commission Public • Council , 2025 V_B� City • •' Project Details Request Conditional Use Permit (Short Term Rental) �AS% Staff Recommendation x Approval Staff Planner ASS Alexis Bailey Location , `• 40121st Street, Unit 3 � GPIN 24270854826390 T Site Size ¢ _� 16,900 square feet AICUZ T 65-70 dB DNL; Sub-Area 1 Watershed40 I Chesapeake Bay Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and2oning Districts North 211%Street Single-family dwelling/OR Oceanfront Resort . �T South ,s =F 215t Street x ` .07 ' Commercial parking lot/OR Oceanfront Resort East IL L Arctic Avenue Hotel/OR Oceanfront Resort West Single-family dwelling/OR Oceanfront Resort JE &JK LTD, LLC Agenda Item 24 page 1 of 12 Background SummaryofProposal The applicant is seeking a Conditional Use Permit for a Short Term Rental at 4012111 Street, Unit 3.The 16,900 square foot parcel contains the Sea Crest Condominiums and is zoned Oceanfront Resort District. • According to City records, these multi-family condominiums were constructed in 1968. • Staff inspected the site on May 21, 2025 to observe site conditions and take photographs for this report. • The property partially lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no prior zoning complaints or violations associated with this unit. • Since this property was registered and paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would be considered a grandfathered Short Term Rental, however; since the property was not used as a Short Term Rental for a period of two (2) years or more, its grandfathered designation has been lost and a Conditional Use Permit is required prior to operating. • Known Short Term Rental activity as of June 9, 2025, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No JE &JK LTD, LLC Agenda Item 24 page 2 of 12 Short Term Rentals in the Vicinity '4 T, l -..51 14" S�plF r'z\ - 8Z 2114 1 1 A ` �s m t • m t l NA�7F S3 20,14 5 r 1 f ` A +9 1 i Short Term Rental � s .. • STR Permits(103) Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 JE &JK LTD, LLC Agenda Item 24 page 3 of 12 Zoning # Request .: y 1 CUP (Short Term Rental) Approved 04/15/2025 3 2 CUP (Short Term Rental) Approved 09/19/2023 6 OR ;t CUP(Short Term Rental) Approved 09/19/2023 —` 3 CUP (Short Term Rental) Approved 08/15/2023 4 CUP(Short Term Rental) Approved 01/19/2021 CUP (Short Term Rental) Approved 07/14/2020 CUP (Short Term Rental) Approved 07/14/2020 5 CUP (Short Term Rental) Approved 07/14/2020 5 D CUP (Short Term Rental) Approved 07/14/2020 .` ALT Approved 04/18/2017 6 ALT Approved 03/11/2014 SS 7 MDC Approved 11/09/2010 1 s 7 CUP (Commercial Parking Lot) Approved 03/10/2009 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 Rent MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation - • • • The applicant is requesting to operate a one-bedroom Short Term Rental within the Sea Crest Condominiums. One Conditional Use Permit for the operation of a Short Term Rental has previously been approved for another unit within the condominium. There is one assigned parking space associated with this unit in the condominium's parking lot, thereby satisfying the parking requirement. Additionally, the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. � JE &JK LTD, LLC Agenda Item 24 page 4 of 12 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 401215t Street, Unit 3, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. S. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. JE &JK LTD, LLC Agenda Item 24 page 5 of 12 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. JE &JK LTD, LLC Agenda Item 24 page 6 of 12 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Public Outreach Information Planning Commission • 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,July 29, 2025 and August 5, 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 July 28, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/citV-council on August 8, 2025. JE &JK LTD, LLC Agenda Item 24 page 7 of 12 Site Layout & Parking Plan $k Signed .�A _ packing Space 2 Site Photos L , JE &JK LTD, LLC Agenda Item 24 page 9 of 12 Disclosure , Disclosure,r ie BEACH statement; The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions,or other bodies. SECTION • • Applicant Name: as listed on applications JE&JK LTD,LLC Is Applicant also the Owner of the subject property? Yes Vo0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(^N,O If yes,name Representative: Jim Kelley Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes INoo 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.) Jun Kelley,John Eiban I 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©Now' If yes,name the official or employee,and describe the nature of their interest. I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O cross-coil ateralization,etc.) --------- --------- --- Real Estate Broker/Agent/Realtor 0 C, Disclosure Statement I rev. M a y-2024 page 1 of 3 JE &X LTD, LLC Agenda Item 24 page 10 of 12 Disclosure SECTION DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individ_ua! �Accountin axRetum Preparation 0 C, Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent O C. Legal Services O 0 APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. James(Jim)Kelley y= Z Applicant Name(Print) Applicant Sign ure ate 1 Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): 7/22/2025 Alexis Bailey 14&4� 9_a A� 7/28/2025 Staff Name(Print) Staff Signature 1/�' Date Disclosure Statement I rev. M ay-2024 page 2 of 3 JE &JK LTD, LLC Agenda Item 24 page 11 of 12 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. JE &JKpLTD, LLC Agenda Item 24 page 12 of 12 STR VICINITY MAP JE &JK LTD, LLC 2a 2btN NpLF St R , 2AI 23RC)NA�� l 23R� `t r. i G F �� m .�:,, 22 i}: tom! �✓' "n 2otH Np"f y01 n _ f .S'T - Short Term Rentals f t t \ 1 0 STR Permits(103) Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #0 Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open. By recorded vote of 9 to 1, item 21, George Loizou has been recommended for approval. Our next and final item is item 24, JE and JK LTD, LLC. Mr. Kelly: Kim Kelly. Ms. Cuellar: Thank you Mr. Kelly for being here today. Mr.Plumlee: Is there anyone here objecting? There is someone here. You may wanna wait and redress the points that raise, unless you want to present initially. Mr. Kelly: What do I present? We're just looking to do a short term rental at this location. The only condition that I have is number 19. I'd like to see if I can get that removed, and the reason for that is it says it's a structural inspection needs to be done every three years for exterior stairways,decks,porches and balconies. There's no exterior stairways decks,porches,or balconies at this property. If it stays in there, the way I'm reading this, I'm going to have to pay to have an engineer say there are no stairways,balconies,or porches every three years. So it just makes sense to remove it. Ms. Plumlee: A very interesting take on that. Ms. Cuellar: Very much so. I'm going to recognize staff. Ms.Eisenberg: Okay. That requirement's codified in our ordinance anyways. So,you know,the Commission can---probably doesn't be with that condition. Ms. Alcock: But we would only require the inspections if there were in fact exterior deck stairs. So it would only be if you had those items,we wouldn't require. Mr.Kelly: Well, I understand that's not what it says. It says I will do it every three years. Ms.Alcock: If you have them. But you don't, so we wouldn't require- Mr.Kelly: Oh,okay. It doesn't say if I have them, it just says I will do it. So why not take it out? Ms. Cuellar: Do we have clarification on that? Ms. Eisenberg: It would not be required of this property because it does not have any existing outdoor exterior steroids, decks, et cetera. But I was just making the point that that language is also codified in our ordinance. So I think it's just up to the Commission on how you'd like to handle that request. Ms. Cuellar: Okay. Thank you very much. We'll discuss. No, don't sit down yet. Do you have any questions for the applicant? Mr. Camp: Well, I just wanted to follow this trail if I understood it right,that if we did what the applicant is asking us, it doesn't really have any effect because this very same wording is in the ordinance. So, whether it's applied or not applied, how it's interpreted, taking it outta condition doesn't change the fact that it's in the ordinance. So,what I was trying to get back to the applicant is saying, I understand what you're saying. But taking it out here won't take it out the other place it sits. We don't have that power. So instead of making us jump through that hoop, it's still going to be there anyway for you, but your point is well taken on drafting the ordinance. Mr. Kelly: Well, it says I will do it and I can't agree to it, If I don't, I mean, I have to agree to it, that means they got to pay for it to somebody say we don't have those things. Ms.Bookholt: If there are no structures,the staff would not recommend or require that a structural safety report be filed if they don't exist. Ms. Cuellar: So you're not going to have to do it Mr. Kelly. Is that correct? You not going to have to do that, sir. Like, if you don't have that as part of your property, you're not going to have to do that. Mr. Kelly: Okay. That's not how I read it,but, okay. Ms. Cuellar: Commissioner Mauch, do you have a question? Mr.Mauch: No, I don't think so. I would be perfectly fine pulling it out. It is redundant and the ordinance and then if what we just approved today gets approved by City Council, it's going to change anyways, so, I don't have. Mr. Kelly: I mean, I just wanna follow the rule. Mr. Mauch: If it makes him more comfortable, I am fine taking it out, but any ways it is going to get changed anyways at the City Council, approves what we just approve, so. Ms. Cuellar: Alright, well, why don't, if you would kindly just go sit go sit down and then we'll have our next speaker and then you can come back. Clerk: Our one and only speaker is Mark Chase. Ms. Cuellar: Hello. If you could please state your name for the record. Mr. Chase: My name is Mark Chase. Good to be here. I appreciate y'all giving me some time. I've been an owner of Sea Crest Condominiums for the last 13 years, excuse me, and I've been treasurer for the past 11 years. Sea Crest is a 16 unit condo at 21 st Street in Arctic Avenue. It's nearly 60 years old. One studio, 11, one bedroom, and two four bedroom units comprised of complex. There's a small parking lot with small spaces, and that's it. As far, we have a small four machine laundry. Otherwise, we had no more other amenities. STR's are controversial. You all certainly know that. I feel that the bad has outweighed the good and I've watched a lot of things. I'm happy to,happy to live in a very nice neighborhood,very humble home. Had gunshots a block and a half from my house year and a half ago at 55th Street and Holly Road. It was an Airbnb and as you know,only a couple spots in the R5 are districts are allowing new STRs. Sea Crest has our bylaws allow for weekly rentals, weekly rentals minimum during the summer months of June, July, and August. The rest of the months are monthly minimum. We're not really set up for STR. Some owners in the past number of years ago did do some weekly and we had a lot of the bad stuff that comes along. We had noise rules violations,open air fires,theft, sneaking in extra people and more. We don't need to go anywhere beyond our bylaws. A couple of residents close to this unit have already said they,they're against it.I don't know what else to say except that that,that,again, the bad has outweighed the good. We've experienced that at Seacrest. And to me, we already have a compromise here because our owners can do weekly rentals for three months a year. And, and to bring the, the possible negatives on us and stuff that we've already seen in the past. It just doesn't make very much sense to me. We have a compromise in place for owners that want to take advantage of the summer season. we're not really set up. We have no security. We don't have an office. Very small, old, very quiet, easy-going complex. This would bring on, this would open the door to a whole lot of other things, and I don't think it would raise our property values. I think it would lower our property values. We have residents that have been there many, many years. So I oppose the application and I pose any future applications to allow short-term rentals at Sea Crest Condominiums. I hope you agree and thank you for your time. Ms. Cuellar: Thank you for being here today. Commissioner Plumlee? Mr. Plumlee: So, are there currently any short-term rentals going on inside, the Seacrest community? Mr. Chase: No, sir. we had, it is been a number of years since someone did,everything now has been long-term rentals over time. We have one owner owns five outta 16. One owner owns three outta 16,we've had, we've only had two ownership changes in the past 11 years. Mr. Plumlee: So,the answer,there hasn't been a short term rental there. Mr. Chase: We haven't, and not for a number of years, and when we did, we had problems got, and I hate to bring that on us again and again. We have some that are allowed already. Mr. Plumlee: You have some, I'm sorry,what was that? Mr. Chase: We have weekly rentals allowed in June,July, and August. Mr. Plumlee: Weekly rentals, but not short-term rentals. Mr. Chase: Not overnight. No, sir. That would bring on another can of worms to us. I think we already have everything in place. It's been six years in place that way. Mr. Plumlee: I understand. Mr. Chase: Thank you very much. So, I think was Sunday for everybody. Ms. Byler: So,the condo rules are separate from the city. So even if the city issues this, because we try to treat everyone fairly across the board. I understand. It appears that this one would be eligible for issuing short-term rental application. So, if we approve it,your condo association can still amend your bylaws to say no short-term rentals if they want,or they can still say,well, it has to be weekly. It can't be two days, it can't be three days. I mean,there's separate governances,and really, I feel like your complaint is more with your condo association than it is with the city. Mr. Chase: No, I'm perfectly happy. I don't want to do any changes to our bylaws. But if you're saying that if you approve an override that we can go back and say,no STR,well,we already have our bylaws saying weekly minimum in the summer and monthly otherwise. Ms.Byler: So what the City says,doesn't change what your condo says. So just because the City says you could do short term rentals, that doesn't mean that a homeowner can go in and rent for the weekend because you have yours. Now, if someone went in and rented for the weekend,that would not violate a City ordinance, but it would violate a condo regulation. So the condo regulation can take steps per the condo rules to retain counsel and make the homeowner pay for the lawyer and do whatever you have to say you're in violation and correct that violation. Mr. Chase: Well, I appreciate that. But to approve this application would say it's okay to violate our bylaws, right? Ms. Byler: No. We're not addressing your bylaws. We're not saying that your homeowner can violate your bylaws. We're definitely not saying that. Mr. Chase: Okay. But well, this would give you homeowner the City's approval to violate our bylaws. No? Am I missing something? Ms.Hippen: So the City has ordinances. So in accordance with the City's ordinances,the owner can do something. But if you've got bylaws for your condominium association, that is a totally separate organization,we have nothing to do with that. Mr. Chase: Okay. So then if it's approved, the owner could per the City, do something that we would have to fight legally. Ms. Hippen: Correct. Ms. Cuellar: Commissioner Mauch and then Commissioner Camp. Mr. Mauch: I appreciate you sticking around for so long. It has been a day. I wanna make sure that you are heard, and feel comfortable with maybe not however the result goes, but the understanding of why the result may be the way it is. So,we have to go through a series of things what we are able to look at, and one thing we're not able to look at is bylaws for a specific condo association. We go by the city regulations. So, they may conflict with what they're saying with each other,but we're not able to take into account the bylaws of a civic league or of an association. So, we only get to look and say what the city is saying is allowable in this area, and right now there's an overlay that sits over top of this that says that short-term rentals are acceptable. That doesn't mean we have to vote for it, but what it, what it does mean is that we're not able to take into account the bylaws that your condo association or a civic league has in place to weigh in for our decision. So what Commissioner Byler was saying is that if there, if it does contradict,you're able to take actions outside of what we're doing now, but also to that your condo association is saying that short-term rentals can happen within a short-period of time, but nobody within that association or the condo association is actually able to do that legally without first coming to us and then getting a Conditional Use Permit to have a short-term rental. Mr. Chase: I'm sorry. So, if the owner was in to say, I'm coming to you because it says summer weekly and I wanna do summer,he would still need to come to you to get permission to do summer weeklies? Mr. Mauch: Yes, sir. Mr. Chase: We had a meeting about this our own condo meeting. I guess that's my rub is that, and I've emailed the people, everybody involved saying you already had, I thought they could do it anyway without City approval because we've been doing it in the past. But I said we already have permission to do that. So,to go beyond that is,that's the rub I have with this. Mr. Mauch: I think, I think possibly for maybe some education offline that that could help to understand,what can and can't be done as far as short-term rentals are concerned. Mr. Chase: I understand. It just seems counterintuitive that the first thing would be to me to be look at the condo docs for that particular condo, but I understand that that's not the system. Mr. Mauch: I hope that brings a little clarity. Well, that, that's why I oppose the application. There's already some involved that's allowed to do this, would go beyond and I think would open the door to more of that in a small complex that it doesn't fit very well. So, again, thank you for your time. Ms. Cuellar: One more question. Commissioner Camp? Mr.Camp: So lemme try this a different way. If you had to ask your mom and dad for something, you could ask mom and she'd say, yes or no. Right? But you still got to go ask dad. And you need both of them to agree. Now, what happened here as I read the staff report, is this was a grandfathered property so that the rules that you had in your condo association,they were good to go. You didn't have to ask both parents. Your rules applied, but they lapsed. Nobody used that for two years. So then it came under the city's new ordinance. Now you have to ask both mom and dad,the condo association and the city in order to do this. So,the applicant has come forward to ask one of those parties, are you good with this? Commissioner Mauch said, there are only certain things we're allowed to work with in coming to our yes or no. What he has to do with the other parent is between the two of you we're not allowed to go there. So,as we deal with the things we're allowed to deal with here,want you to understand how this is working now, does that help you? Mr. Chase: I understand the reality of it,yes, sir. Mr. Camp: Not that you're happy, that you understand, because my point is to help understand what's going on here. Mr. Chase: I think it'll cause us some future things between mom and dad. Mr. Camp: I have no further questions for the applicant or for the speaker. Ms. Cuellar: Thank you for coming out today. Mr. Kelly. You have an opportunity to come back if there is anything more you would like say as a rebuttal. Mr. Kelly: We agree on 99% of everything, and I attend all the board meetings with him. This was brough on at the last meeting that we had a couple of months, and what started this my long- term tenant left, and I got another long-term tenant because this stays forever, and he gets this through, but I was thinking at the time of, or now was the time to check about this,just so I have other options, and I will disagree with Mark on, I believe this, I am an investor. I own several properties in Virginia Beach, Florida, and all that. This will be managed by Vacasa,which is one of the biggest management companies in the country, so they will be professionally managing if I go that way, which I haven't decided yet. I just want the option. The other thing is that the board meeting when Mark brought this up,was the board president actually supported it and Alexis had him write a little letter saying I guess you guys got it up there saying he supports it. Mark expressed that he was not going to support it,which I respect. No problem there at all. I mentioned exactly what you said. I said, I will get this here. Then I am going to approach the board and say, can we change the bylaws. I guess that's it. Ms. Cuellar: We appreciate that. Thank you so much. Mr. Kelly: So this is an option thing as far as I am concerned. I mean, I did short-term rentals. I do it on the floor all the time and I am done from here for 20 years until you all started to rule and I stopped him about 10 to 15 years ago. I am done with that. But I want to look at the option possibly in the future. Ms. Cuellar: I appreciate that. Thank you so much. I just wanted to point out there is one other short-term rental permitted within this condo unit,which is Unit 5. Mr. Kelly: Yeah, at least talking to my tenants. I am the one that owns the three. I do not know if this is true but last night I did inspections on my properties,and one of the people says,you want to do like the other properties that do in here. So I do not know if that is true or not, but she mentioned that there were others that were doing short-term. They don't have a permit. I don't know if that is true. Ms. Cuellar: Time will tell. Thank you very much. Any additional questions? Mr. Coston: You understand if you don't use this into years you will be in the same boat again? Mr. Kelly: I understand. Ms. Cuellar: At this time,we will entertain either further discussion or motion. Mr. Coston: I move that we approve. Ms. Cuellar: We have a motion for approval. Is there a second? Second by Commissioner Schoonover. Is there any further discussion? Clerk: Vote is open. By a recorded vote of 9 to 0, item 24, JE & JK LTD, LLC, has been recommended for approval. Ms. Cuellar: That concludes our meetings today. We are adjourned. Thank you. Vote Tally Commission Member AYE 9 NAY 0 ABS 0 ABSENT 1 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 401215Y Street, Unit 3, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application ore valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. 5 OR(STR-OR) 22N�ST OR 8 Z m ® Site 0 Zoning Debbie Anderson WE 0 Property Polygons 2113 Atlantic Avenue, Unit 6-13 S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 NL'Bfj�t -C, C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DEBBIE ANDERSON [Applicant] SHAUN & DEBBIE ANDERSON [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 2113 Atlantic Avenue, Unit 6-13 (GPIN 24271868788350). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 12, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a two-bedroom unit in the Kamala Condominiums located at 2113 Atlantic Avenue, Unit 6-B. There is a prior zoning compliant which was closed when the online short term rental advertisement was removed bringing the site into compliance. The site is not currently advertised and the last known documented stay was August 23, 2024. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Kamala Condominiums. There is one assigned parking space associated with each unit in the condominium's parking lot. Kamala Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit and eight additional parking spaces available to guests on a first-come, first-served basis. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonable met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 6-13, and the Short Term Rental use shall only occur in the principal structure. Debbie Anderson Page 2 of 4 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Debbie Anderson Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11.00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the Debbie Anderson Page 4 of 4 building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 70 Agenda Item 25 Applicant: Debbie Anderson Property Owner: Shaun and Debbie An•' • Planning Commission Public • Council , 2025 VB_ City / • •' Project Details West Request Atlantic Avenue Conditional Use Permit (Short Term Rental) Restaurants/OR Oceanfront Resort Staff Recommendation Approval Staff Planner Alexis Bailey Location �+ 2113 Atlantic Avenue, Unit 6-13 GPIN 24271868788350 , Site Size 8,367 square feet AICUZ 65-70 dB DNL; Sub-Area 1Ting- Watershed Atlantic Ocean ,. ` ,., Existing Land Use and Zoning District 15 Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 22"d Street Hotel /OR Oceanfront Resort South Convenience Store/OR Oceanfront Resort East Atlantic Ocean /OR Oceanfront Resort Debbie Anderson Agenda Item 25 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 2113 Atlantic Avenue, Unit 6-13. The 8,367 square foot site contains the Kamala Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1984. • Staff inspected the site on May 21, 2025 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • On April 14, 2025, Staff found an advertisement for the site and opened a complaint for the operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit which was closed on May 8, 2025, when the advertisement was removed, and the subject application was filed. • This property was registered and paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would be considered a grandfathered Short Term Rental, however; since the property was not used as a Short Term Rental for a period of two (2) years or more it's grandfathered designation has been lost and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of June 9, 2025 is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 23, 2024 No Debbie Anderson Agenda Item 25 page 2 of 14 Short Term Rentals in the Vicinity \; Vi, L� \ H/aSf \ • 4 N•t .Aass }'I IOTA I +, 40 �} �, `\ � �•,H��f tit � \ i ', L t 1 sg'�t�� ��•� AsMss. Short Tenn Rentals s • M ft its(79) Summary ofProposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Debbie Anderson Agenda Item 25 page 3 of 14 Zoning • # Request i CUP (Short Term Rental) Approved 04/18/2023 'i oR CUP (Short Term Rental)Approved 11/17/2020ii t ~~ i; i� � OR �l Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC:Modification of FVR: Floodplain Variance Conditions ALT-Alternative Compliance Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Kamala Condominium building. A total of two approved Conditional Use Permits for the operation of Short Term Rentals have previously been approved for the complex. There is one assigned parking space associated with this unit in the condominium's parking lot and [strikethrough te44[end strikethrough) eight additional parking spaces available to guests on a first-come, first- served basis. According to the City of Virginia Beach Zoning Ordinance, Appendix A,Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Kamala Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Debbie Anderson Agenda Item 25 page 4 of 14 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 6-13, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Debbie Anderson Agenda Item 25 page 5 of 14 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance Debbie Anderson Agenda Item 25 page 6 of 14 inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. PublicOutreach Information Planning Commission • 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,July 29, 2025 and August 5, 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 July 28, 2025. Debbie Anderson Agenda Item 25 page 7 of 14 • 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 8, 2025. Debbie Anderson Agenda Item 25 page 8 of 14 LayoutSite Short Term Rental Parking Plan Kamla Condominium #613 (USPS Address#602) 2113 Atlantic Avenue NG 1:{. 1"" r•- `J C'-',. cth5fi ® 4ON Qj �1 2 1 Rl.W d - �; 1: Y+r16iM lILLN.. i_ Kamla has a total of 24 parking spaces;each of the 15 units has one assigned parking space. Each unit has 1 assigned parking space,there are 8 unassigned"guest spaces"and one managers space that can be used if needed. 4 units aren't used for short term rentals and if they will be vacant,their parking spaces can be used. Each unit is limited to having a maximum of two cars in the parking area. During a typical week,less than half of the occupied units bring two cars. Saturday's are"turnover"days and property managers/owners are required to give the Association a list of occupants and cars for each unit. Kamla's Manager is on site every Saturday to assist new arrivals in moving in and sorting out any parking issues. Kamla has never run out of parking spaces;but if we did we would direct people to the 9th and 25th Street City Parking Garages. Kamla's parking plan was approved by the Planning Commission/City Council for a Conditional Use Permit that was issued for Unit 28 Debbie Anderson Agenda Item 25 page 9 of 14 1 Debbie Anderson Agenda Item 25 page 10 of 14 Disdosure-Statement--- CITY OF V--B- 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 hove a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Debbie Anderson Is Applicant also the Owner of the subject property? Yes(S)Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO NoG) If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoi! 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.) Does the subject property have a proposed or pending purchaser? Yes U No U9 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, O O Rushmore Servicing cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 w nierino,.n cr�sa..o..f I .e„ ne -')r»n Debbie Anderson Agenda Item 25 page 11 of 14 Disclosure SECTION DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entityand or individual Accounting/Tax Return Preparation G 0 Dawson's accounting Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 G 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. Debbie Anderson 1,� 04/30/2025 Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act VA.Code§2.2-3101. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/22/2025 Alexis Bailey U 7/28/2025 Staff Name(Print) Staff Signature Date ni«11-11. NA> _'7n7A Debbie Anderson Agenda Item 25 page 12 of 14 SECTIONDisclosure Statement - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Shaun &Debbie Anderson Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoe If yes, list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant, (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noe 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 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 fist if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O O Rushmore servicing cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O e Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0- Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. !understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public or com ittee in connection with this application. Shaun& Debbie Anderson 04/30/2025 Property Owner Name(Print) Property Owner Signature Date ne nano 7 of 7 Debbie Anderson Agenda Item 25 page 13 of 14 i 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. Debbie Anderson Agenda Item 25 page 14 of 14 STR VICINITY MAP DEBBIE ANDERSON n 241� T t < 51 23 3Ru S1� 1 j A,:> if 51 t 4 G n 0 P`f 51 cp m AAA 2p1H i m m � a < Es r _ s my tie1H 1 ` Short Term Rentals Z _ y v �i O STR Permits(79) w Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #25 Debbie Anderson Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next item is item 25. Debbie Anderson, property owner, Conditional Use Permit for short-term rental. Please state your name,please. Ms.Anderson: Debbie Anderson. Mr. Coston: Are the conditions acceptable to you? Ms.Anderson: Yes, sir. Mr.Coston: Thank you. You may be seated. Is there any objection to this item being placed on the consent agenda? There being none,we've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: This item 25 is for applicant Debbie Anderson. The location is 2113 Atlantic Avenue, Unit 6B. They're seeking a Conditional Use Permit for short-term rental at that address, and it says it comports, according to the staff report, to the local city ordinance receive recommendation the staff, and there's no objection,therefore, it's placed in the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 6-13, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. E �y� ISr .,aw+ •j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL VIOLATIONS. MEETING DATE: August 12, 2025 ■ Background: The proposed amendment to Section 104 of the City Zoning Ordinance will change violations of the Short Term Rental (STR) Ordinance from civil penalties to criminal. On September 15, 2020, City Council approved an amendment to Section 104(b), to make STR violations civil penalties rather than criminal. The amendment was approved as a means to expedite the enforcement process, which it failed to accomplish. Upon reviewing the enforcement processes, the Short Term Rental Enforcement Task Force felt that making STR violations consistent with other zoning violations was appropriate and therefore recommended the subject amendment. ■ Considerations: Currently, Section 104(a) of Zoning Ordinance provides that any person who violates the provisions of the Zoning Ordinance shall, upon conviction, be guilty of a misdemeanor. This includes all violations unless specifically stated otherwise. Regarding violations to the STR Ordinance, Sections 241.2 and 2303, the Ordinance contains language in Section 104(b) that specifies that violations regarding STRs are exceptions to Section 104(a) and instead are assessed civil penalties. This amendment will remove that language from Section 104(b) of the Ordinance, therefore making violations related to STRs a criminal penalty. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning DepartmentGUV City Manager:�)-,��) Agenda Item 1 A•• of _ BeachPlanning • • • 2025 Short • • Ordinance Amendment V-B- An ordinance to amend Section 104 of the City Zoning Ordinance pertaining to short term rental violations. Summary of • Section 104 of the Ordinance regulates the fines and penalties for zoning violations.This text amendment updates the Zoning Ordinance to change violations to the Short Term Rental (STR) Ordinance from [begin strikethrough] erimipa4 [end strikethrough] civil penalties to [begin strikethrough] c44 [end strikethrough] criminal penalties. Currently, Section 104 (a) of Zoning Ordinance provides that any person who violates the provisions of the Zoning Ordinance shall, upon conviction, be guilty of a misdemeanor. This includes all violations unless specifically stated otherwise. Regarding violations to the STR Ordinance, Sections 241.2 and 2303, the Ordinance contains language in Section 104 (b) that specifies that violations regarding STRs are exceptions to Section 104 (a) and instead are assessed civil penalties. This amendment will remove that language from Section 104 (b) of the Ordinance, therefore making violations related to STRs a [begin strikethrough] ciu+4 [end strikethrough] criminal penalty. Section 104(b) was amended to make STR violations [begin strikethrough] erimipal [end strikethrough] civil penalties on September 15, 2020.The amendment was approved by City Council as a method to expedite the enforcement process, which it failed to accomplish. Upon reviewing the enforcement processes, the Short Term Rental Enforcement Task Force felt that making STR violations consistent with other zoning violations was appropriate. Recommendation Staff recommends approval of this amendment, consistent with the recommendations of the Short Term Rental Enforcement Task Force. This amendment will allow for stricter enforcement of the Short Term Rental violations, consistent with other zoning violations. City of Virginia Beach Agenda Item 1 page 1 of 3 Ordinance 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 VIOLATIONS 5 6 Section Amended: § 104 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 104. Violations and penalties. 18 19 (a) Except as provided in subsection (b), any person who violates any of the provisions 20 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 21 punishable by a fine of not more than one thousand dollars ($1,000.00). If the 22 violation is uncorrected at the time of the conviction, the court shall order the violator 23 to abate or remedy the violation in compliance with this ordinance, within _ jtr]�. 24 pQfjgd established by the court. Failure to remove or abate a violation within the 25 specified time period shall constitute a separate misdemeanor offense punishable by 26 a fine of not more than one thousand dollars ($1,000.00); and any such failure 27 during a succeeding ten-day period shall constitute a separate misdemeanor offense 2$ punishable by a fine of not more than one thousand five hundred dollars ($1,500.00): 29 and any such failure during any succeeding ten-day period shall constitute a 30 separate misdemeanor offense for each ten-day period punishable by a fine of not 31 more than two thousand dollars ($2,000.00). 32 33 (b)Any person who violates any provision of Part B of Article 2. seGWR 241.2 SeGt 9n 34 2303, OF the-use Fegylatiens r_-1-a1o4i'Rg-errly sh^rt tnrrn FeRtals of the City Zoning 35 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 36 dollars ($200.00) for the initial summons and not more than five hundred dollars 37 ($500.00) for each additional summons. The assessment of a civil penalty shall not 38 preclude the institution of a civil action by the zoning administrator pursuant to 39 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 40 to any person, be prosecuted as a criminal misdemeanor, provided however that 41 when such civil penalties total five thousand dollars ($5,000.00) or more, the 42 violation may be prosecuted as a criminal misdemeanor. 43 44 (c) The zoning administrator or his or her designee may issue a civil summons as 45 provided by law for a violation. Any person summoned or issued a ticket for a 46 violation may make an appearance in person or in writing by mail to the city City of Virginia Beach Agenda Item 1 page 2 of 3 47 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 48 a waiver of trial, admit liability, and pay the civil penalty established for the offense 49 charged. Such persons shall be informed of their right to stand trial and that a 50 signature to an admission of liability will have the same force and effect as a 51 judgment of court. If a person charged with a scheduled violation does not elect to 52 enter a waiver of trial and admit liability, the violation shall be tried in the general 53 district court in the same manner and with the same right of appeal as provided by 54 law. In any trial for a violation, it shall be the burden of the zoning administrator or 55 his or her designee to show the liability of the violator by a preponderance of the 56 evidence. if the violation remains uncorrected at the time of the admission of liability 57 or finding of liability, the court may order the violator to abate or remedy the violation 58 in order to comply with the zoning ordinance_ Except as otherwise provided by the 59 court for good cause shown, any such violator shall abate or remedy the violation 60 within a period of time as determined by the court, but not later than six months of 61 the date of admission of liability or finding of liability. Each day during which the 62 violation continues after the court-ordered abatement period has ended shall 63 constitute a separate offense. An admission of liability or finding of liability shall not 64 be a criminal conviction for any purpose_ 65 66 (d) Each day during which the violation is found to have existed shall constitute a 67 separate offense_ However, specified violations arising from the same operative set 68 of facts shall not be charged more frequently than once in any ten-day period, and a 69 series of specified violations arising from the same operative set of facts shall not 70 result in civil penalties which exceed a total of five thousand dollars ($5,000.00). 71 Civil penalties shall not accrue or be assessed for a period of thirty (30) days after 72 the issuance of a notice of violation from the zoning administrator or during the 73 pendency of an appeal to the board of zoning appeals. 74 75 (e) This section shall not apply to (i) activities related to land development, (ii) 76 violations of sections 215 and 216 of this ordinance; (iii) violations relating to the 77 posting of signs on public property or public rights-of-way; or (iv) violations resulting 78 in injury to any person or persons. 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: Planning Department City Attorney's Office CA16810 R-11 January 28,2025 City of Virginia Beach Agenda Item 1 page 3 of 3 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 VIOLATIONS 5 6 Section Amended: § 104 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 104. Violations and penalties. 18 19 (a) Except as provided in subsection (b), any person who violates any of the provisions 20 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 21 punishable by a fine of not more than one thousand dollars ($1,000.00). If the 22 violation is uncorrected at the time of the conviction, the court shall order the violator 23 to abate or remedy the violation in compliance with this ordinance, within a time 24 period established by the court. Failure to remove or abate a violation within the 25 specified time period shall constitute a separate misdemeanor offense punishable by 26 a fine of not more than one thousand dollars ($1,000.00); and any such failure 27 during a succeeding ten-day period shall constitute a separate misdemeanor offense 28 punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); 29 and any such failure during any succeeding ten-day period shall constitute a 30 separate misdemeanor offense for each ten-day period punishable by a fine of not 31 more than two thousand dollars ($2,000.00). 32 33 (b)Any person who violates any provision of Part B of Article 2, seG ien 241.2,GBGtien 34 , of the City Zoning 35 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 36 dollars ($200.00) for the initial summons and not more than five hundred dollars 37 ($500.00) for each additional summons. The assessment of a civil penalty shall not 38 preclude the institution of a civil action by the zoning administrator pursuant to 39 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 40 to any person, be prosecuted as a criminal misdemeanor, provided however that 41 when such civil penalties total five thousand dollars ($5,000.00) or more, the 42 violation may be prosecuted as a criminal misdemeanor. 43 44 (c) The zoning administrator or his or her designee may issue a civil summons as 45 provided by law for a violation. Any person summoned or issued a ticket for a 46 violation may make an appearance in person or in writing by mail to the city 47 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 48 a waiver of trial, admit liability, and pay the civil penalty established for the offense 49 charged. Such persons shall be informed of their right to stand trial and that a 50 signature to an admission of liability will have the same force and effect as a 51 judgment of court. If a person charged with a scheduled violation does not elect to 52 enter a waiver of trial and admit liability, the violation shall be tried in the general 53 district court in the same manner and with the same right of appeal as provided by 54 law. In any trial for a violation, it shall be the burden of the zoning administrator or 55 his or her designee to show the liability of the violator by a preponderance of the 56 evidence. If the violation remains uncorrected at the time of the admission of liability 57 or finding of liability, the court may order the violator to abate or remedy the violation 58 in order to comply with the zoning ordinance. Except as otherwise provided by the 59 court for good cause shown, any such violator shall abate or remedy the violation 60 within a period of time as determined by the court, but not later than six months of 61 the date of admission of liability or finding of liability. Each day during which the 62 violation continues after the court-ordered abatement period has ended shall 63 constitute a separate offense. An admission of liability or finding of liability shall not 64 be a criminal conviction for any purpose. 65 66 (d) Each day during which the violation is found to have existed shall constitute a 67 separate offense. However, specified violations arising from the same operative set 68 of facts shall not be charged more frequently than once in any ten-day period, and a 69 series of specified violations arising from the same operative set of facts shall not 70 result in civil penalties which exceed a total of five thousand dollars ($5,000.00). 71 Civil penalties shall not accrue or be assessed for a period of thirty (30) days after 72 the issuance of a notice of violation from the zoning administrator or during the 73 pendency of an appeal to the board of zoning appeals. 74 75 (e) This section shall not apply to (i) activities related to land development; (ii) 76 violations of sections 215 and 216 of this ordinance; (iii) violations relating to the 77 posting of signs on public property or public rights-of-way; or (iv) violations resulting 78 in injury to any person or persons. 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: OG tanning Department Gify Attorney's Office CA16810 R-1 January 28, 2025 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #01 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir, for reading those items for us. The next item on our agenda is item #1, City of Virginia Beach. Do we have someone to represent? Thank you, sir. Mr.Kemp: Members of the Commission,for the record,Kevin Kemp,Zoning Administrator for the City of Virginia Beach. Item one is a text amendment to modify Section 104 of the Zoning Ordinance pertaining to violations to the Short Term Rental Ordinance. What this text amendment would do, it would make STR violations a criminal misdemeanor. Currently, they are a civil penalty. They initially were criminal, they changed to civil in 2020. This change would make them criminal again and would be consistent with all other zoning violations with the exception of signage. Staff recommends approval of this text amendment. Mr. Coston: Thank you, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee ix Schoonover ix u ;l J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTALS. MEETING DATE: August 12, 2025 ■ Background: Section 241.2 of the Zoning Ordinance regulates the operation of short term rentals (STRs). In October 2024, the Short Term Rental Enforcement Task Force finalized 20 recommendations to improve the enforcement and registration of STRs. Six of the recommendations included amendments to the Zoning Ordinance. The proposed amendments were considered by the Planning Commission at their July 9,2025, hearing. The proposed amendments, as recommended by the Task Force, included the following: • Allow the property manager or owner's information to be included on the required STR sign and to allow for additional signs to be located on the property in accordance with Section 211. • Allow zoning inspections of the property anytime during the permitting process and extend the time for required life safety inspections to 5 years, adding attestations for compliance during the years when an inspection is not required. If the Planning Department has good cause to believe that a violation exists, it will inspect the property prior to issuance of a permit. • Allow Class A, B, and C contractors to inspect and provide structural safety reports, decrease the frequency of reports from 3 to 5 years, and specifically not include structures less than 30 inches from ground level. • Grandfathered properties shall only require the number of parking spaces that were required for the dwelling at the time of its construction, provided at least one parking space is accommodated. A parking plan, approved by the Zoning Administrator, must be provided to show how at least one off- street parking space will be provided. ■ Considerations: After discussion and consideration at their July 9th hearing, the Planning Commission recommended approval of the Task Force amendments with the following modifications: City of Virginia Beach Page 2 of 2 • Require a minimum of one parking space per two (2) bedrooms. Grandfathered properties would only require the number of parking spaces required at the time of construction, provided that at least one parking space is accommodated. • Require the property owner or manager's contact information be included on the sign posted on the property identifying the property as a Short Term Rental. Allow licensed and insured Class A or B contractors to perform the structural safety inspections and require the structural safety inspection reports be provided to the city every 3 years. Said report would not be required for an initial period of 5 years for new construction inspected at the time of completion by the City's Permits and Inspection Division. This amendment was presented to the Transportation, Parking & Pedestrian (TPPC) subcommittee of the Resort Advisory Commission (RAC) on July 31 st. The subcommittee unanimously approved a motion to support the parking requirements as recommended by the Task Force without the amendments by the Planning Commission. This includes reducing the parking requirement for grandfathered properties but keeping the parking requirement at one space per bedroom for all other STRs. 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 July 9, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda A•• of Beach Planning • • • 2025 ShortOrdinance Amendment An ordinance to amend Section 241.2 of the City Zoning Ordinance pertaining to short term rentals. Summary of • Section 241.2 of the Zoning Ordinance regulates operating short term rentals (STR). In October 2024, the Short Term Rental Enforcement Task Force finalized 20 recommendations to improve the enforcement and registration of STRs. Six of the recommendations included amendments to the ordinance. These proposed amendments are the subject of this agenda item. Included in this report are three versions of the amendment for the Planning Commission to consider. The first version includes the specific language as recommended by the Task Force.The second and third versions make certain modifications based on the Planning Commission's direction to staff to explore alternatives for parking requirements during the June 111h hearing. A summary of the three versions is provided below. All three amendment versions include changes to Section 241.2 of the ordinance. The following proposed changes are recommended by the Task Force and included in all three versions. • Amendment to Section 241.2(4) regarding sign regulations to allow for additional signs to be located on the property in accordance with Section 211 and to allow property manager or owner's information to be included on the required STR sign. • Amendment to Section 241.2(13)to allow zoning inspections of the property anytime during the permitting process, to require a copy of the parking plan be posted at the STR, to extend the time for required inspections to five years, and to accept attestations for compliance during the years when an inspection is not required. • Amendment to Section 241.2(17)to allow Class A, B, and C contractors to inspect and provide structural safety reports, decrease the frequency of reports from three to five years, and to specifically not include structures less than 30 inches from ground level. The three amendment versions are different in their recommendations regarding required parking.The first version amends parking as recommended by the Task Force. Versions two and three are proposed changes to the required parking as suggested by the Planning Commission during the June 11th meeting. A summary of each version is provided below. City of Virginia Beach Agenda Item 2 page 1 of 14 • Version 1 (Task Force recommendation) o Parking for grandfathered properties will be amended to only require the number of parking spaces that were required for the dwelling at its time of construction, provided at least one parking space is accommodated. This amendment deals only with grandfathered properties. o A parking plan, approved by the Zoning Administrator, must be provided showing how at least one off-street parking space will be provided. • Version 2 (Planning Commission suggested option 1) o No additional parking is required on the site if the parking requirement for the property at the time of construction is met, provided at least one space is accommodated. This amendment addresses all STRs, not just grandfathered properties. o Also requires a parking plan approved by the Zoning Administrator be provided to show how at least one off-street parking space is being provided. • Version 3 (Planning Commission suggested option 2) o The required parking for STRs is reduced from one space per bedroom to one space for every two bedrooms.This requirement applies to all STRs except grandfathered properties. o Grandfathered properties have the same parking requirement as was recommended by the Task Force. No additional parking is required for grandfathered properties beyond what was required for the dwelling at the time of construction, provide one parking space is accommodated. This would apply only to grandfathered properties. o Also requires a parking plan approved by the Zoning Administrator be provided to show how at least one off-street parking space is being provided. Recommendation Staff recommends approval of the third version of the proposed text amendments. Version 3 addresses the recommendations of the STIR Task Force, with the exception of Section 241.2(1) regarding parking requirements. Version 3 will reduce the parking requirements for STRs while still providing adequate parking to accommodate the vehicles typical to STIR properties with a greater number of bedrooms. Version 3 addresses the parking requirement for all STIR properties, as well as the Task Force's recommendation for grandfathered properties. City of Virginia Beach Agenda Item 2 page 2 of 14 VersionForce • • • • Ordinance) 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: §241.2 6 7 WHEREAS, the public necessity, convenience; general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follow;s: 15 16 Sec.241.2. Short term rental. 17 18 Short term rentals shall be subject to the follovdng conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district: 21 22 (1) Any property utilized as a short term rental shall provide adequate off-street 23 parking for its guests. A minimum of one parking space per bedroom is 24 required. If such parking cannot be provided on-site, the owner must submit a 25 parking plan indicating how the parking requirement will be met. Such plan 26 shall be reviewed and approved by the zoning administrator. Stacking of 27 vehicles shall be allowed and no on-street parking shall be part of the plarv:,_ 28 For grandfathered short term rental properties, no additional parking spaces 29 shall be required if the parking available on the property meets the parking 30 requirements that were applicable to the residential dy.,elling at the time of its 31 initial construction, provided that all grandfathered properties must have at 32 least one off-street parking space. A parking plan detailing how at least one off- 33 street parking space will be accommodated must be provided and approved by 34 the zoning administrator. 35 36 (2) No events with more than fifty (50) people present, shall be held absent a 37 special events permit. Events v ith more than fifty (50) people are limited to no 38 more than three (3) events in a calendar year. No more than one hundred 39 (100) people shall be present at any event held on the property; 40 41 (3) The owner or operator must provide the name and telephone number of a 42 responsible person, who may be the owner, operator or an agent of the owner 43 or operator, who is available to be contacted and to address conditions 44 occurring at the short term rental within thirty (30) minutes. Physical response 45 to the site of the short term rental is not required; 46 City of Virginia Beach Agenda Item 2 page 3 of 14 47 (4) No signage, except architectural signs naming the structure or other signs as 48 permitted by Sec. 211, shall be permitted on-site, except that each short term 49 rental shall have one (1), four-square-foot sign, posted on the building, or other 50 permanent structure or location approved by the zoning administrator, that 51 identities the property as a short term rental and provides the telephone 52 number for the Short term Rental Hotline in text large enough to be read from 53 the public street_ The sign required by this section may include the owner or 54 properly managers contact information Architectural signs naMiAg—tho 55 s 56 57 (5) To the extent permitted by state law, each short term rental must maintain 58 registration with the commissioner of revenue's office and pay all applicable 59 taxes; 60 61 (6) There shall be posted in a conspicuous place within the dwelling a summary 62 provided by the zoning administrator of City Code sections 23-69 through 23- 63 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the 64 beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 65 66 (7) All refuse shall be placed in automated refuse receptacles, where provided, 67 and comply with the requirements of City Code sections 31-26, 31-27 and 31- 68 28; 69 70 (8) A short term rental shall have no more than two (2) rental contracts during any 71 consecutive seven-day period; 72 73 (9) The owner or operator shall provide proof of liability insurance applicable to the 74 rental activity at registration and renewal of at least one million dollars 75 ($1,000,000.00)underwritten by insurers acceptable to the city; 76 77 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10.00 78 a.m.; 79 80 (11)The maximum number of persons on the property after 11:00 p.m. and before 81 7-00 a.m_ ("overnight lodgers")shall be three(3)individuals per bedroom; 82 83 (12)Any short term rental that has registered and paid transient occupancy taxes to 84 the commissioner of the revenue prior to July 1, 2018 shall be considered 85 grandfathered and shall not be required to obtain a conditional use permit, but 86 must meet the conditions of this secdon. .Any expansion of the footprint of the 87 dwelling housing the short term rental that expands the overall square footage 88 by more than twenty-fire (25) percent or one thousand (1,000) square feet, 89 whichever is less, shall have its grandfathered status revoked and must 90 immediately come into compliance with the zoning ordinance to continue such 91 use. Grandfathered status shall run with the land. However, any grandfathered 92 short term rental that continuously remains vacant, or not used as a short term Cityof Virginia Beach Agenda Item 2 page 4 of 14 93 rental, for a period of two (2) years or more, starting from the date of adoption 94 of this ordinance, shall lose its"grandfathered"designation; 95 96 (12.1) Any short term rental that received a conditional use permit between 97 November 1, 2019 and September 7, 2021 and that is located within a zoning 98 district where short term rentals are not a permitted or conditional use, shall be 99 considered grandfathered and shall be permitted to continue subject to the 100 conditions of subsections 241.2(1) through (15) and (17) as modified by the 101 terms of the conditional use permit; 102 103 (13)The property owner or their representative shall provide to the city planning 104 department permission for zoning inspectors to inspect the short term rental 105 property at any time or times during the permitting process aralty. Such 106 inspection shall include: 1) at least one fire extinguisher has been installed 107 inside the unit, in plain sight, and where it is located, 2) all smoke alarms and 108 carbon monoxide detectors are installed in accordance with the building code 109 in affect at the time of construction and interconnected. Units constructed prior 110 to interconnection requirements must have a minimum of one (1) smoke alarm 111 installed on every floor of the structure and in the areas adjacent to all sleeping 112 rooms and when activated, be audible in all sleeping rooms,-wW 3) all smoke 113 alarms and carbon mono)dde detectors have been inspected within the last 114 twelve (12) months, and are in good working order, and 4) a document 115 showing the required parking approved by the zoning administrator posted in 116 the unit: 117 118 119 120 121 122shall be provided dwri;ig 13 123 , 124 125 A property inspection is required when an operator first applies for a short term 126 rental permit and a subsequent inspection shall occur every five years. In 127 years when an inspection is not required, the property owner or their 128 representative shall submit an attestation to the Department of Planning and 129 Community Development confirming that the short term rental is in compliance 130 with the requirements set forth in this section. If the planning department has 131 good cause to believe that a safety violation exists on the property, it shall 132 conduct an inspection prior to renewing the permit. 133 134 Properties may be inspected annually for compliance with the requirements 135 above by certified short term rental management companies or certified home 136 inspectors_ The compliance inspection shall be documented on a form 137 prescribed by the planning department and shall be provided during the yea4 138 permit process; City of Virginia Beach Agenda Item 2 page 5 of 14 139 140 (14)Accessory structures shall not be used or occupied as short term rentals; 141 142 (15)In addition to other remedies available for violations of the city zoning 143 ordinance, upon the occurrence of a violation of the provisions of this section; a 144 violation of any local, state or federal law or regulation; a violation of a condition 145 imposed in a condtional use permit; or if the conditions for grandfathered status 146 are no longer satisfied, the city council may revoke the conditional use permit or 147 grandfathered status of a property after notice and hearing as provided in Code 148 of 'Virginia § 15.2-2204, provided, however, that written notice as prescribed 149 therein shall be given at least fifteen (15)days prior to the hearing; 150 151 (16)All conditional use permits issued for short term rentals shall expire five (5) 152 years from the date of adoption. The renewal process of the conditional use 153 permit will be administrative and performed by the planning department; 154 however, the planning department shall notify the city council in writing prior to 155 the renewal of any conditional use permit for a STR, where the STR has been 156 the subject of neighborhood complaints, violations of its conditions or violations 157 of any building, housing, zoning, fire or other similar codes; and 158 159 (17)A structural safety inspection report shall be provided to the city every five 5 160 throe- years indicating all exterior stairways, decks, porches and balconies 161 with a finished height more than 30 inches above around level have been 162 inspected by either a licensed design professional, or Class A. B, or C general 163 contractor qualified to perform such inspection, and are safe for use. The 164 report must confirm the structure has been built to the applicable residential 165 building code standards and are free of observable damage that would render 166 the structure Unsafe for Ilse_ indurate the mMim-um member of orri[nantr 167 po mitte an each level of these stnirtiire ant{ pla-car-dr, incHGAnn the 168 maximum nfiifm Pof all a4aflor staingys, docks, and 169 Iba►conies must he p4mtnrl rtn 4 rh Wwel of these s-tnirhico foCR[CSnZ[Q must fO O"li SSJ is Q[[ Qi�4[[ ISJ[Q■ Q■ SfIQ Q i[ls QSOf4 170 171 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 172 of . 2025. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY.- Planning Department City Attorney's Office CA16S67 R-4 June 24,2025 City of Virginia Beach Agenda Item 2 page 6 of 14 Version 2 (Planning Commission Suggested Option 1) Planning Commission Version 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: §241.2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec.241.2. Short term rental. 17 18 Short term rentals shall be subject to the following conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district. 21 22 (1) Any property utilized as a short term rental shall provide adequate off-street 23 parking for its guests_ No additional padding spaces shall be required if the 24 parking available on the property meets the parking requirements that were 25 applicable to the residential dwelling at the time of its initial construction. 26 provided that all properties must have at least one off-street parking space. A 27 parking plan detailing how at least one off-street parking space will be 28 accommodated must be provided and approved by the zoning administrator_ A 29 If such parking cannot 30 be provided on-site, the owner must submit a parking plan indicating how the 31 parking requirement will be met. Such plan shall be reviewed and approved by 32 the zoning administrator. Stacking of vehicles shall be allowed and no on-street 33 parking shall be part of the plan; 34 35 (2) No events with more than fifty (50) people present, shall be held absent a 36 special events permit. Events with more than fifty (50) people are limited to no 37 more than three (3) events in a calendar year. No more than one hundred 38 (100)people shall be present at any event held on the property; 39 40 (3) The owner or operator must provide the name and telephone number of a 41 responsible person, who may be the owner, operator or an agent of the owner 42 or operator, who is available to be contacted and to address conditions 43 occurring at the short term rental within thirty (30) minutes. Physical response 44 to the site of the short term rental is not required; City of Virginia Beach Agenda Item 2 page 7 of 14 45 46 (4) No signage, except architectural signs naming the structure or other signs as 47 permitted by Sec. 211. shall be permitted on-site, except that each short term 48 rental shall have one (1), four-square-foot sign, posted on the building, or other 49 permanent structure or location approved by the zoning administrator, that 50 identifies the property as a short term rental and provides the telephone 51 number for the Short terra Rental Hotline in text large enough to be read from 52 the public street. The sign required by this section shall include the owner or 53 property manager's contact information rhitectural signs naming the 54 9- p-j- Wro- are Q_x liiradF 55 56 (5) To the extent permitted by state law, each short terry rental must maintain 57 registration v.,ith the commissioner of revenue's office and pay all applicable 58 taxes: 59 60 (6) There shall be posted in a conspicuous place within the dwelling a summary 61 provided by the zoning administrator of City Code sections 23-69 through 23- 62 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the 63 beach), 12-43.2 (fireworks), and a copy of any approved harking plan; 64 65 (7) All refuse shall be placed in automated refuse receptacles, where provided, 66 and comply with the requirements of City Code sections 31-26, 31-27 and 31- 67 28-1 68 69 (8) A short term rental shall have no more than two (2) rental contracts during any 70 consecutive seven-day period: 71 72 (9) The owner or operator shall provide proof of liability insurance applicable to the 73 rental activity at registration and renewal of at least one million dollars 74 ($1,000,000.00) under-ifliten by insurers acceptable to the city; 75 76 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 77 a.m.; 78 79 (11)The maximum number of persons on the property after 11.00 p-m. and before 80 7.00 a.m_ ("overnight lodgers")shall be three (3)individuals per bedroom; 81 82 (12)any short term rental that has registered and paid transient occupancy taxes to 83 the commissioner of the revenue prior to July 1, 2018 shall be considered 84 grandfathered and shall not be required to obtain a conditional use permit; but 85 must meet the conditions of this section. Any expansion of the footprint of the 86 dwelling housing the short term rental that expands the overall square footage 87 by more than twenty-five (25) percent or one thousand (1,000) square feet; 88 whichever is less, shall have its grandfathered status revoked and must 89 immediately come into compliance with the zoning ordinance to continue such 90 use. Grandfathered status shall run with the land. However, any grandfathered City of Virginia Beach Agenda Item 2 page 8of14 91 short term rental that continuously remains vacant, or not used as a short term 92 rental, for a period of two (2) years or more, starting from the date of adoption 93 of this ordinance, shall lose its "grandfathered" designation; 94 95 (12.1) Any short term rental that received a conditional use permit between 96 November 1, 2019 and September 7, 2021 and that is located within a zoning 97 district where short term rentals are not a permitted or conditional use, shall be 98 considered grandfathered and shall be permitted to continue subject to the 99 conditions of subsections 241.2(1) through (15) and (17) as modified by the 100 terms of the conditional use permit: 101 102 (13)The property owner or their representative shall provide to the CRY planning 103 department permission for zoning inspectors to inspect the short term rental 104 property at any time or times during the permitting process mall. Such 105 inspection shall include: 1) at least one fire extinguisher has been installed 106 inside the unit, in plain sight, and where it is located, 2) all smoke alarms and 107 carbon monoxide detectors are installed in accordance with the building code 108 in affect at the time of construction and interconnected. Units constructed prior 109 to interconnection requirements must have a minimum of one (1) smoke alarm 110 installed on every floor of the structure and in the areas adjacent to all sleeping 111 rooms and when activated, be audible in all sleeping rooms, l 3) all smoke 112 alarms and carbon monoxide detectors have been inspected within the last 113 twelve (12) months, and are in good working order, and 4) a document 114 showing the required parking approved by the zoning administrator posted in 115 the unit: 116 117 118 the department of Planning shall ogler he roquirad to be in6.pacAod avopy thraa 119 (3 yaart The ina�neGUO- , for r•nmFlihnra Wth the requirements above shall he S7 4Ol4 !SlSS !!!4i 4Qrl4!! !4r OOf!! t!r!!l4Si i !S!! S 120 pa&rmnrl ha, the chart term rental rn'+pagement company and be A..GUM. -antanl 121 nn a form nrocrriharl by the nlanninn rlanartment and shall be nmWirlarl rlrerinn 122 t 123 124 A property► inspection is required when an operator first applies for a short term 125 rental permit and a subsequent inspection shall occur every five years. In 126 years when an inspection is not required, the property owner or their 127 representative shall submit an attestation to the department of Planning and 128 Community Development confirming that the short term rental is in compliance 129 with the requirements set forth in this section. If the planning department has 130 good cause to believe that a safety violation exists on the property, it shall 131 conduct an inspection prior to renewing the permit. 132 133 Properties may be inspected annually for compliance with the requirements 134 above by certified short term rental management companies or certified home 135 inspectors. The compliance inspection shall be documented on a form City of Virginia Beach Agenda Item 2 page 9 of 14 136 prescribed by the planning department and shall be provided during the yeady 137 pen-nit process; 138 139 (14)Accessory structures shall not be used or occupied as short tern rentals; 140 141 (15)In addition to other remedies available for violations of the city zoning 142 ordinance, upon the occurrence of a violation of the provisions of this section; a 143 violation of any local, state or federal law or regulation; a violation of a condition 1" imposed in a condtional use permit; or if the conditions for grandfat Bred status 145 are no longer satisfied,the city council may revoke the conditional use permit or 146 grandfathered status of a property after notice and hearing as provided in Code 147 of Virginia § 15.2-2204; provided, however, that written notice as prescribed 148 therein shall be given at least fifteen (15)days prior to the hearing; 149 150 (16)All conditional use permits issued for short term rentals shall expire five (5) 151 years from the date of adoption. The renewal process of the conditional use 152 permit will be administrative and performed by the planning department; 153 however, the planning department shall notify the city council in writing prior to 154 the renewal of any conditional use permit for a STR, where the STR has been 155 the subject of neighborhood complaints, violations of its conditions or violations 156 of any building, housing, zoning, fire or other similar codes, and 157 158 (17)A structural safety inspection report shall be provided to the city every three (3) 159 years indicating all exterior stairways, decks, porches and balconies with a 160 finished height more than 30 inches above around level have been inspected 161 by either a licensed design professional, or Class A. B. or C contractor 162 qualified to perform such inspection, and are safe for use. The report must 163 confirm the structure has been built to the amicable residential building code 164 standards and are free of observable damacie that would render the structure 165 unsafe for use. However, said report shall not be required for an initial period of 166 five (55) years for new construction inspected at the time of completion by the 167 Clty's Permits and Inspections DMslon. inrlirato tho mwdmum numbar „f 168 orcuparft pofmWed- on aaa layai of tha a tnichir++ and plac;aWs indicating 169 , porGhes 170 171 172 adopted by the Council of the City of Virginia Beach, Virginia, on the day 173 of r 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attomey's Office CA16807 City of Virginia Beach Agenda Item 2 page 10 of 14 Version (Planning • • - • Option Planning Commission Version 2 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended- §241.2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordnance is hereby amended and 14 reordained to read as follows- is 16 Sec. 241.2. Short term rental. 17 18 Short term rentals shall be subject to the following conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district: 21 22 (1) Any properly utilized as a short term rental shall provide adequate off-street 23 parking for its guests. A minimum of one parking space per two (2) bedrooms 24 bedroom is required. If such parking cannot be provided on-site, the owner 25 must submit a parking plan indicating how the parking requirement will be met. 26 Such plan shall be reviewed and approved by the zoning administrator. 27 Stacking of vehicles shall be allowed and no on-street parking shall be part of 28 the plan;. For grandfathered short term rental properties, no addtional parkins 29 spaces shall be required if the parking available on the property meets the 30 parking requirements that were applicable to the residential dwelling at the time 31 of its initial construction, provided that all grandfathered properties must have 32 at least one off-street parking space. A parkins plan detailing how at least one 33 off-street parking space will be accommodated must be provided and approved 34 by the zoning administrator, 35 36 (2) No events with more than fifty (50) people present, shall be held absent a 37 special events permit. Events with more than fifty (50) people are limited to no 38 more than three (3) events in a calendar year_ No more than one hundred 39 (100)people shall be present at any event held on the property; 40 41 (3) The owner or operator must provide the name and telephone number of a 42 responsible person, who may be the owner, operator or an agent of the owner 43 or operator, who is available to be contacted and to address conditions City of Virginia Beach Agenda Item 2 page 11 of 14 44 occurring at the short term rental within thirty (30) minutes. Physical response 45 to the site of the short term rental is not required; 46 47 (4) No signage, except architectural signs naming the structure or other signs as 48 permitted by Sec. 211. shall be permitted on-site; except that each short term 49 rental shall have one (1), four-square-foot sign, posted on the building, or other 50 permanent structure or location approved by the zoning administrator; that 51 identifies the property as a short term rental and provides the telephone 52 number for the Short term Rental Hotline in text large enough to be read from 53 the public street. The sign required by this section shall include the owner or 54 property, manager's contact information _A.FGhhA_GW1rRl rPS ARPAiAg—the 55 r i 56 57 (5) To the extent permitted by state law. each short term rental must maintain 58 registration with the commissioner of revenue's office and pay all applicable 59 taxes: 60 61 (6) There shall be posted in a conspicuous place within the dwelling a summary 62 provided by the zoning administrator of City Code sections 23-69 through 23- 63 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the 64 beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 65 66 (7) All refuse shall be placed in automated refuse receptacles, where provided; 67 and comply with the requirements of City Code sections 31-26, 31-27 and 31- 68 28; 69 70 (8) A short term rental shall have no more than two (2) rental contracts during any 71 consecutive seven-day period; 72 73 (9) The owner or operator shall provide proof of liability insurance applicable to the 74 rental activity at registration and renewal of at least one million dollars 75 (S1;000,000.00) underwritten by insurers acceptable to the city; 76 77 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 78 a.m.: 79 80 (11)The maximum number of persons on the property after 11:00 p.m. and before 81 7.00 a.m. ('overnight lodgers") shall be three (3) individuals per bedroom. 82 83 (12)Any short term rental that has registered and paid transient occupancy taxes to 84 the commissioner of the revenue prior to July 1, 2018 shall be considered 85 grandfathered and shall not be required to obtain a conditional use permit, but 86 must meet the conditions of this section. Any expansion of the footprint of the 87 dwelling housing the short term rental that expands the overall square footage 88 by more than twenty-five (25) percent or one thousand (1,000) square feet, 89 whichever is less, shall have its grandfathered status revoked and must City of Virginia Beach Agenda Item 2 page 12 of 14 90 immediatelly come into compliance with the zoning ordinance to continue such 91 use. Grandfathered status shall run with the land. However, any grandfathered 92 short term rental that continuously remains vacant, or not used as a short term 93 rental, for a period of h-.o (2) years or more, starting from the date of adoption 94 of this ordinance, shall lose its "grandfathered" designation; 95 96 (12.1) Any short term rental that received a conditional use permit between 97 November 1, 2019 and September 7. 2021 and that is located within a zoning 98 district where short term rentals are not a permitted or conditional use, shall be 99 considered grandfathered and shall be permitted to continue subject to the 100 conditions of subsections 241.2(1) through (15) and (17) as modifier) by the 101 terms of the conditional use permit: 102 103 (13)The property owner or their representative shall provide to the city planning 104 department permission for zoning inspectors to inspect the short term rental 105 property at any time or times during the permitting process @nn _ Such 106 inspection shall include: 1) at least one fire extinguisher has been installed 107 inside the unit, in plain sight, and where it is located, 2) all smoke alarms and 108 carbon monoxide detectors are installed in accordance with the building code 109 in affect at the time of construction and interconnected. Units constructed prior 110 to interconnection requirements must have a minimum of one (1) smoke alarm 111 installed on every floor of the structure and in the areas adjacent to all sleeping 112 rooms and when activated, be audible in all sleeping rooms,-ate 3) all smoke 113 alarms and carbon monoxide detectors have been inspected within the last 114 hvelve (12) months. and are in good working order. and 4) a document 115 showing the required parking approved by the zoning administrator posted in 116 the unit: 117 118 119 120 121 122 olzi -a form Proscribed by the pIRPPW9 depiRptMent i-ind shall bo provided auring 123 the yowl a po4P1WA9 proG@ 124 125 A propeft inspection is required when an operator first applies for a short term 126 rental permit and a subsequent inspection shall occur eve five years. In 127 years when an inspection is not required, the property owner or their 128 representative shall submit an attestation to the Department of Planning and 129 Community Development confirming that the short terra recital is in compliance 130 with the requirements set forth in this section. If the planning department has 131 rood cause to believe that a safety violation exists on the property, it shall 132 conduct an inspection prior to renewing the permit. 133 134 Properties may be inspected annually for compliance with the requirements 135 above by certified short term rental management companies or certified home City of Virginia Beach Agenda Item 2 page 13 of 14 136 inspectors. The compliance inspection shall be documented on a form 137 prescribed by the planning department and shall be provided during the yearly 138 permit process; 139 140 (14)Accessory structures shall not be used or occupied as short term rentals; 141 142 (15)In addition to other remedies available for violations of the city zoning 143 ordinance, upon the occurrence of a violation of the provisions of this section; a 144 violation of any local, state or federal law or regulation; a violation of a condition 145 imposed in a conditional use permit; or if the condtions for grandfathered status 146 are no longer satisfied,the city council may revoke the conditional use permit or 147 grandfathered status of a property after notice and hearing as provided in Code 148 of Virginia § 15.2-2204; provided, however, that written notice as prescribed 149 therein shall be given at least fifteen (15)days prior to the hearing; 150 151 (16)All conditional use permits issued for short term rentals shall expire five (5) 152 years from the date of adoption. The renewal process of the conditional use 153 permit will be administrative and performed by the planning department; 154 however, the planning department shall notify the city council in writing prior to 155 the renewal of any conditional use permit for a STR, where the STR has been 156 the subject of neighborhood complaints, violations of its conditions or violations 157 of any building, housing, zoning, fire or other similar codes; and 158 159 (17)A structural safety inspection report shall be provided to the city every three (3) 160 years indicating all exterior stairways, decks, porches and balconies with a 161 finished height more than 30 inches above around level have been inspected 162 by either a licensed design professional, or Class A. B. or C contractor 163 qualified to perform such inspection, and are safe for use. The report must 164 confirm the structure has been built to the applicable residential building code 165 standards and are free of observable damage that would render the structure 166 unsafe for use. However. said report shall not be required for an initial period of 167 five (5) years for new construction inspected at the time of completion by the 168 City's Permits and Inspections Division. ' 169 _ 170 171 arid balconies. must be posted on 172 173 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 174 of , 2025. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office City of Virginia Beach Agenda Item 2 page 14 of 14 Planning Commission Recommended Version 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTALS 4 5 Section Amended: § 241.2 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 241.2 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 241.2. Short term rental. 17 18 Short term rentals shall be subject to the following conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district: 21 22 (1) Any property utilized as a short term rental shall provide adequate off-street 23 parking for its guests. A minimum of one parking space per two (2) bedrooms 24 bedmom is required. If such parking cannot be provided on-site, the owner 25 must submit a parking plan indicating how the parking requirement will be met. 26 Such plan shall be reviewed and approved by the zoning administrator. 27 Stacking of vehicles shall be allowed and no on-street parking shall be part of 28 the plan;. For grandfathered short term rental properties, no additional parkin 29 spaces shall be required if the parking available on the property meets the 30 parking requirements that were applicable to the residential dwelling at the time 31 of its initial construction, provided that all grandfathered properties must have 32 at least one off-street parking space. A parking plan detailing how at least one 33 off-street parking space will be accommodated must be provided and approved 34 by the zoning administrator; 35 36 (2) No events with more than fifty (50) people present, shall be held absent a 37 special events permit. Events with more than fifty (50) people are limited to no 38 more than three (3) events in a calendar year. No more than one hundred 39 (100) people shall be present at any event held on the property; 40 41 (3) The owner or operator must provide the name and telephone number of a 42 responsible person, who may be the owner, operator or an agent of the owner 43 or operator, who is available to be contacted and to address conditions 44 occurring at the short term rental within thirty (30) minutes. Physical response 45 to the site of the short term rental is not required; 46 47 (4) No signage, except architectural signs naming the structure or other signs as 48 permitted by Sec. 211, shall be permitted on-site, except that each short term 49 rental shall have one (1), four-square-foot sign, posted on the building, or other 50 permanent structure or location approved by the zoning administrator, that 51 identifies the property as a short term rental and provides the telephone 52 number for the Short term Rental Hotline in text large enough to be read from 53 the public street. The sign required by this section shall include the owner or 54 property manager's contact information A GhiteGtTaral signs naming--the 55 56 57 (5) To the extent permitted by state law, each short term rental must maintain 58 registration with the commissioner of revenue's office and pay all applicable 59 taxes; 60 61 (6) There shall be posted in a conspicuous place within the dwelling a summary 62 provided by the zoning administrator of City Code sections 23-69 through 23- 63 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the 64 beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 65 66 (7) All refuse shall be placed in automated refuse receptacles, where provided, 67 and comply with the requirements of City Code sections 31-26, 31-27 and 31- 68 28; 69 70 (8) A short term rental shall have no more than two (2) rental contracts during any 71 consecutive seven-day period; 72 73 (9) The owner or operator shall provide proof of liability insurance applicable to the 74 rental activity at registration and renewal of at least one million dollars 75 ($1,000,000.00) underwritten by insurers acceptable to the city; 76 77 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 78 a.m.; 79 80 (11)The maximum number of persons on the property after 11:00 p.m. and before 81 7:00 a.m. ("overnight lodgers") shall be three (3) individuals per bedroom; 82 83 (12)Any short term rental that has registered and paid transient occupancy taxes to 84 the commissioner of the revenue prior to July 1, 2018 shall be considered 85 grandfathered and shall not be required to obtain a conditional use permit, but 86 must meet the conditions of this section. Any expansion of the footprint of the 87 dwelling housing the short term rental that expands the overall square footage 88 by more than twenty-five (25) percent or one thousand (1,000) square feet, 89 whichever is less, shall have its grandfathered status revoked and must 90 immediately come into compliance with the zoning ordinance to continue such 91 use. Grandfathered status shall run with the land. However, any grandfathered 92 short term rental that continuously remains vacant, or not used as a short term 93 rental, for a period of two (2) years or more, starting from the date of adoption 94 of this ordinance, shall lose its "grandfathered" designation; 95 96 (12.1) Any short term rental that received a conditional use permit between 97 November 1, 2019 and September 7, 2021 and that is located within a zoning 98 district where short term rentals are not a permitted or conditional use, shall be 99 considered grandfathered and shall be permitted to continue subject to the 100 conditions of subsections 241.2(1) through (15) and (17) as modified by the 101 terms of the conditional use permit; 102 103 (13)The property owner or their representative shall provide to the city planning 104 department permission for zoning inspectors to inspect the short term rental 105 property at any time or times during the permitting process annually. Such 106 inspection shall include: 1) at least one fire extinguisher has been installed 107 inside the unit, in plain sight, and where it is located, 2) all smoke alarms and 108 carbon monoxide detectors are installed in accordance with the building code 109 in affect at the time of construction and interconnected. Units constructed prior 110 to interconnection requirements must have a minimum of one (1) smoke alarm 111 installed on every floor of the structure and in the areas adjacent to all sleeping 112 rooms and when activated, be audible in all sleeping rooms,-and 3) all smoke 113 alarms and carbon monoxide detectors have been inspected within the last 114 twelve (12) months, and are in good working order;, and 4) a document 115 showing the required parking approved by the zoning administrator posted in 116 the unit; 117 118 PFepeFtie6 managed by short term Fental management Gertified b 119 the depaFtM8Rt of planning shall only be required to be iRr-,p8Gted eveFy three 120 `(3� years The inJp8n F fG £ � e W TGi} hhe r�h teq Uiromentc above shall_�e 121 G imr.umented 122 on a form prescribed by the p1aRRing depaFtment and shall be provided during 123 the „earl„ permitting process; 124 125 A property inspection is required when an operator first applies for a short term 126 rental permit and a subsequent inspection shall occur every five years. In 127 years when an inspection is not required, the property owner or their 128 representative shall submit an attestation to the Department of Planning and 129 Community Development confirming that the short term rental is in compliance 130 with the requirements set forth in this section. If the planning department has 131 good cause to believe that a safety violation exists on the property, it shall 132 conduct an inspection prior to renewing the permit. 133 134 Properties may be inspected annually for compliance with the requirements 135 above by certified short term rental management companies or certified home 136 inspectors. The compliance inspection shall be documented on a form 137 prescribed by the planning department and shall be provided during the yearFy 138 permit process; 139 140 (14)Accessory structures shall not be used or occupied as short term rentals; 141 142 (15) In addition to other remedies available for violations of the city zoning 143 ordinance, upon the occurrence of a violation of the provisions of this section; a 144 violation of any local, state or federal law or regulation; a violation of a condition 145 imposed in a conditional use permit; or if the conditions for grandfathered status 146 are no longer satisfied, the city council may revoke the conditional use permit or 147 grandfathered status of a property after notice and hearing as provided in Code 148 of Virginia § 15.2-2204; provided, however, that written notice as prescribed 149 therein shall be given at least fifteen (15) days prior to the hearing; 150 151 (16)All conditional use permits issued for short term rentals shall expire five (5) 152 years from the date of adoption. The renewal process of the conditional use 153 permit will be administrative and performed by the planning department; 154 however, the planning department shall notify the city council in writing prior to 155 the renewal of any conditional use permit for a STR, where the STIR has been 156 the subject of neighborhood complaints, violations of its conditions or violations 157 of any building, housing, zoning, fire or other similar codes; and 158 159 (17)A structural safety inspection report shall be provided to the city every three (3) 160 years indicating all exterior stairways, decks, porches and balconies with a 161 finished height more than 30 inches above ground level have been inspected 162 by either a licensed design professional, or a licensed and insured Class A or 163 B contractor qualified to perform such inspection, and are safe for use. The 164 report must confirm the structure has been built to the applicable residential 165 building code standards and are free of observable damage that would render 166 the structure unsafe for use. However, said report shall not be required for an 167 initial period of five (5) years for new construction inspected at the time of 168 completion by the City's Permits and Inspections Division, indicate the 169 { }a MUM PMR4beF ef eGGHPaRtSpermitted en o-nh In�iovylTn�frn+�ese s in+ures onrd 170 placards indicating tie- axfr trna numbeF-ef-eGGupants of all extefie 171 decks,—pees—and—baloonies must—be—posted on eaGh level „f +hie 172 s"stu Fes. 173 174 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 175 of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Orfice CA16807 R-5 July 9, 2025 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #0 Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our first item is item number 2, City of Virginia Beach. Mr. Kemp: Thank you Commissioners for the record. Kevin Kemp, Zoning Administrator for the City of Virginia Beach. Item two,also deals with the recommendations of the short term Rental Enforcement task force. This addresses, they had 20 recommendations in total, six of them have come before you, today. The first was item one. The other five are included in this text amendment,specifically addressed in the amendment. It allows property manager owners,contact information to be acquired on the signage as well as allowing additional signage on the site. It would allow, class A and B contractors to perform safety inspections and would decrease the frequency to once every five years. It would allow attestations for the registration and renewal process in years when, inspections were not required and it would revise the parking requirement, for both grandfather properties and all short-term rentals. Currently,the short-term rental parking requirement is one space per bedroom. This revision would change it to one space per every two bedrooms for str for grandfathered properties. They would be required to have the number of parking spaces that were required when the dwelling was constructed,provided there is a minimum of one space, on the site that is, the amendment as it's brought forward. This version, it is up for your discussion to make any changes as far as the amendment that will be brought forward to City Council for a formal vote. Standby for questions. Ms. Cuellar: Are there any questions for Mr. Kemp? Commissioner Camp? I'd like to open up the floor then for discussion and entertain a motion. Mr.Camp: So,Madam Chair,I would like to make a motion to put this on the floor for discussion. The staff has chosen to combine multiple items into a single vote,adding a great deal of complexity to the discussion of this item in order to work through it in an orderly manner. I'm going to make a motion now with a slight change that I believe is the will of this Commission. If there is a second, we can then deal with each of the requisite parts of this. That said, I move that version three of the proposed,zoning code amendments to Section 241.2 be adopted as provided with the exception to line number 162, inserting after the word licensed, the words and insured, and further in that line deleting the words or the letter C. That is the motion. Mr.Plumlee: It's seconded. Ms. Cuellar: Vice-Chair? Mr. Coston: I think I asked the question earlier, who can build a deck? Can any, I mean, can a BC -- Mr. Plumlee: Depending on the composition of the deck and the value of the expenditure, each one could. That's my understanding of the code. Now, I offer that just for general discussion,not as a legal opinion to be tested in court. Ms.Cuellar: So,we have a motion by Commissioner Camp,seconded by Commissioner Plumlee, and now we're transitioning into discussion. So,the discussion is who can build a deck? Mr. Anderson: Yes. Most decks are over the, you know, limit of class C contractors per job, legally. Anybody can build a deck. Your homeowner goes to the planning department,picks up a permit,and he can build the deck himself if he wants to,but legally,for a Class C,you,you have a$5,000 limit per job. Mr. Coston: $5,000 limit per job? Mr.Anderson: Yeah. Unless that's changed. My knowledge, I think it's still $5,000. Ms. Cuellar: We pause for one moment. We'll get some clarification from staff. Ms. Bookholt: I just wanted to add that, yes, a homeowner can pull a permit for their own residence and you can perform the work at your own residence. All decks require a permit and require an inspection through our office at the time of construction. We would do inspections for footings and we would do a final inspection. Mr. Coston: And that also applies to short-term rentals? Ms. Bookholt: Any new deck that is constructed in the city would require a permit regardless if it's at a short-term rental or not,yes. Mr. Anderson: I was just told it's $10,000 now, not five. Mr. Coston: Okay. I guess I'm good. Ms. Cuellar: Okay.Further discussion? Commissioner Camp? Mr.Camp: Yes. Thank you. So,with regard,there are several items here that I'm going to speak to. With regard to the elements relating to a change in parking. I was supportive of the STR task force recommendation with regard to grandfathered properties. This Commission has chosen to add an additional condition in the changes here related to exist non-grandfathered STR. That change has not gone before the public with the same duration of time for comment that the task force had. But I have been assured that during City Council's vacation,that this will be put before other groups that are stakeholders in this matter, and that is important to me that happen. Specifically the Resort Advisory Commission, transportation parking and pedestrian committee, as well as civic leagues in that part of the city where we have many of the STRs, I understand that these changes that have been added will relieve the demand on parking, and that is important that we do something about the parking problem, particularly out of the Resort Area. So that is appealing to me. Second,with regard to the changes related to safety,and particularly with regard to the structural inspections,this Ordinance was originally put into play after the collapse of a deck in Sandbridge where visitors were hurt. City Council found it to be in the public interest to protect our tourists from that kind of problem. By having this inspection regime that we have had in place, I am loath to sacrifice safety for expediency. It is for that reason that I wanted to see both class B and class C contractors not included among those who are allowed to perform the inspections of structural integrity of decks. However, I know that I'm not going to prevail on that. So at least taking the C's out of that pool is beneficial while enabling others,class A contractors in particular to expand the pool of inspectors available. It's a middle ground, and that is all I have to, oh, the inspection frequency has been modified from five years to three years. I also feel for the same reasons that is in the spirit of protecting our tourists from these problems. Thank you for the opportunity to comment. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: Just addressing Commissioner Camp's points, which were well taken. We have revised what the task force has recommended. In my view,tried to target a central point,which is difficult to accommodate safety to the highest level by both opening up the number of experts that can conduct an inspection, but reducing the number of years that they had requested they had requested a five-year inspection. We're saying three. So we're saying the inspection takes place more often and there are more people out there that can sign off on it as safe and provide that to the city. I understand the concern about B. My concern is I don't wanna restrict it overly and therefore have lower compliance citywide with the obligation for the inspection. So that's the concern and I think it's a balanced approach and I appreciate all of the discussion we put into it because it is a very important item. Ms. Cuellar: Thank you very much. Is there any further discussion? Commissioner Mauch? Mr. Mauch: Before we go to vote on it, I'd just like to hear the changes, as read as it will be stated,when we go to vote back on it. I want,just for clarity, I wanna, I just wanna hear,how the ordinance would be read? Ms. Cuellar: Okay. Commissioner Camp, would you kindly repeat your motion? If we would be more comfortable the clerk. Mr. Camp: Correct me if I'm wrong,I move that we approve version three of the amendments to the City Zoning Ordinance, Section 241.2,as presented to us with the following exceptions on line 162 after the word licensed, insert the words and insured and further in that line, strike or delete the words or C,the letter C, so moved. Ms. Cuellar: That motion was then seconded by Commissioner Plumlee. We have a motion on the floor. Are there any other questions or discussion? Commissioner Mauch? Mr.Mauch: We had a lot of discussion in the Informal Session and I just kind of wanted to make sure that it's on the record for the public as well as Council to hear. Whenever this gets moved forward, however it looks, in the, specifically with the parking requirements, it was common practice that a parking plan be made and sometimes they were able to utilize public parking spaces, with a fee of a $600 yearly pass. and in doing version three, what it does is it takes, it takes the burden off of the, the, citizen or tourists, whoever wants to park in public parking from having to subsidize, a space for an STR and now allows for them to tell their guests that they can park in public parking or private parking,and pay the normal rate, and it doesn't take any inventory out of the public parking. So, I wanted that to kind of be clear. As well as staff, did a whole bunch of work when it came to a parking plan for a four-bedroom house. They would have to find two additional spaces because they,a single family home is built with two spaces. What that does is it anything over a four bedroom house, it requires more parking for that, but it's reasonable to have two cars for a four bedroom house. Anything above that would need more parking anyways. So I wanted to make sure that we're clear that, these were meant to ease a little bit of the burden on the public ease, a little bit of burden on, staff for having to come up with, a parking plan because parking plans are very difficult if you don't do them every day, and I think that this creates a balance for the public as well as the STRs and staff to be able to have a successful outcome and create a way that we're not making,that we're not imposing, subsidies on anybody. Mr. Camp: Then on the parking, also for the benefit of Council and the public, we understand that there are a lot more elements to parking related to STRs and City Council, in fact,has brought another one to our attention just in the past couple weeks. This topic is likely to be revisited in the future. We are doing what City Council asked us to do,take the task force's recommendations and offer them an opinion on them,building on it a little bit,but this does not mean we've fully analysed all the aspects of parking and try to solve all of the issues related to them. That's not what this is. Ms. Cuellar: Thank you very much. Are there any Commissioners abstaining? Is there any further discussion? Ms.Alcock: Yes, ask for a point of clarification because based on the discussion and informal, I thought it was the will of this group to have licensed and insured related to the contractor. The way it's stated here, it would be a licensed and insured design professional. So, I didn't know if we needed to make that clarification. Mr. Camp: You are correct that the words, yes. So, I'm going to read along line 162 correctly this time. I'll do my best. The motion is to say by either a licensed design professional or a licensed and insured class A or B contractor. Did I get it right? Mr. Plumlee: Amended Second. Ms. Cuellar: Thank you. Any further discussion? Staff will now call for the vote. Clerk: Vote is open. By recorded vote of 10 to 0, item number two, City of Virginia Beach has been recommended for approval. Vote Tally Commission Member AYE 10 NAY 0 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 u h� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE PERTAINING TO CIVIL PENALTIES. MEETING DATE: August 12, 2025 ■ Background: Section 104 of the City Zoning Ordinance regulates the fines and penalties for zoning violations. This amendment will update Section 104 to align with recent legislation adopted by the Virginia General Assembly, specifically Senate Bills 992, 1267, and 1422. ■ Considerations: This request will modify the Ordinance to allow increased fines for convictions resulting from violations (and failure to abate violations) related to the storage or disposal of nonagricultural excavation material, waste, and debris. This request will also allow for increased fines for repeat violations relating to short term rentals on property that is zoned or used for multifamily residential purposes. Finally, this request will require any person who admits liability for any violation involving a property that is zoned or used for multifamily residential purposes to abate or remedy such violation within six-months from the date of admission of liability. 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 July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm Agency: Planning Department City Manager:fi�y Agenda •• of • . Beach Planning Commission • • • , 2025 V_B' Civil Penalties Ordinance Amendment An ordinance to amend Section 104 of the City Zoning Ordinance pertaining to civil penalties. Summary of Request This amendment updates Section 104 of the Zoning Ordinance to align with legislation recently adopted by the General Assembly, specifically Senate Bills 992, 1267, and 1422. The proposed changes include the following: 1. Allow increased fines for convictions resulting from violations (and failure to abate violations) relating to the storage or disposal of nonagricultural excavation material, waste, and debris. 2. Allow increased fines for repeat violations relating to short term rentals on properties that are zoned or used for multifamily residential purposes. 3. Require any person who admits liability for any violation involving a property that is zoned or used for multifamily residential purposes to abate or remedy such violation within six-months from the date of admission of liability. Recommendation Staff recommends approval of this ordinance.This amendment will make the language of the Zoning Ordinance consistent with recently adopted State legislation. City of Virginia Beach Agenda Item 3 page 1 of 4 Ordinance 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CIVIL PENALTIES 4 5 Section Amended: § 104 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 104 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 104.Violations and penalties. 17 18 (a) Except as provided in subsection (b), any person who violates any of the provisions 19 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 20 punishable by a fine of not more than one thousand dollars ($1 ,000.00). If the 21 violation is uncorrected at the time of the conviction, the court shall order the violator 22 to abate or remedy the violation in compliance with this ordinance, within a time 23 period established by the court. Failure to remove or abate a violation within the 24 specified time period shall constitute a separate misdemeanor offense punishable by 25 a fine of not more than one thousand dollars ($1,000.00); and any such failure 26 during a succeeding ten-day period shall constitute a separate misdemeanor offense 27 punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); 28 and any such failure during any succeeding ten-day period shall constitute a 29 separate misdemeanor offense for each ten-day period punishable by a fine of not 30 more than two thousand dollars ($2,000.00). However, any conviction resulting from 31 a violation of provisions regulating the storage or disposal of nonagricultural 32 excavation material, waste, and debris shall be punishable by a fine of $2,000. 33 Failure to abate the violation within the specified time period shall be punishable by 34 a fine of $5,000, and any such failure during any succeeding 10-day period shall 35 constitute a separate misdemeanor offense for each 10-day period punishable by a 36 fine of$7,500. 37 38 (b) Any person who violates any provision of Part B of Article 2, section 241.2, section 39 2303, or the use regulations regarding only short term rentals, of the City Zoning 40 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 41 dollars ($200.00) for the initial summons and not more than five hundred dollars 42 ($500.00) for each additional summons. However, for any repeat violation on 43 property that is zoned or used for multifamily residential purposes the penalty shall 44 be not more than (i) $1,000 for a second violation and (ii) $1,500 for a third or 45 subsequent violation, not to exceed an aggregate amount of $6 000 for all such 46 violations within a 12-month period. The assessment of a civil penalty shall not City of Virginia Beach Agenda Item 3 page 2 of 4 47 preclude the institution of a civil action by the zoning administrator pursuant to 48 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 49 to any person, be prosecuted as a criminal misdemeanor, provided however that 50 when such civil penalties total five thousand dollars ($a5,000.00) or more, the 51 violation may be prosecuted as a criminal misdemeanor. 52 53 (c) The zoning administrator or his or her designee may issue a civil summons as 54 provided by law for a violation. Any person summoned or issued a ticket for a 55 violation may make an appearance in person or in writing by mail to the city 56 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 57 a waiver of trial, admit liability, and pay the civil penalty established for the offense 58 charged. Such persons shall be informed of their right to stand trial and that a 59 signature to an admission of liability will have the same force and effect as a 60 judgment of court. Notwithstanding a court's authority to order the abatement or 61 remedy of a zoning violation for any violation involving property that is zoned or used 62 for multifamily residential purposes, any person who admits liability shall be rewired 63 to abate or remedy such violation within six months from the date of admission of 64 liability. If a person charged with a scheduled violation does not elect to enter a 65 waiver of trial and admit liability, the violation shall be tried in the general district 66 court in the same manner and with the same right of appeal as provided by law. In 67 any trial for a violation, it shall be the burden of the zoning administrator or his or her 68 designee to show the liability of the violator by a preponderance of the evidence. If 69 the violation remains uncorrected at the time of the admission of liability or finding of 70 liability, the court may order the violator to abate or remedy the violation in.order,to 71 comply with the zoning ordinance. Except as otherwise provided by the court for 72 good cause shown, any such violator shall abate or remedy the violation within a 73 per q#pf.t me as determined by the court, but not later than six months of the date of 74 admission of liability or finding of liability. Each day during which the violation 75 continues after the court-ordered abatement period has ended shall constitute a 76 separate offense. An admission of liability or finding of liability shall not be a criminal 77 conviction for any purpose. 78 79 (d) Each day during which the violation is found to have existed shall constitute a 80 separate offense. However, specified violations arising from the same operative set 81 of facts shall not be charged more frequently than once in any ten-day period, and: 82 for violations that do not involve property that is zoned or used for multifamily 83 residential purposes, a series of specified violations arising from the same operative 84 set of facts shall not result in civil penalties which exceed a total of five thousand 85 dollars ($5,000.00). Civil penalties shall not accrue or be assessed for a period of 86 thirty (30) days after the issuance of a notice of violation from the zoning 87 administrator or during the pendency of an appeal to the board of zoning appeals. 88 89 (e) This section shall not apply to (i) activities related to land development; (ii) 90 violations of sections 215 and 216 of this ordinance, (iii) violations relating to the 91 posting of signs on public property or public rights-of-way: or (iv) violations resulting 92 in injury to any person or persons. City of Virginia Beach Agenda Item 3 page 3 of 4 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: Planning Department City Attorney's Office CA16913 R-1 June 9,2025 City of Virginia Beach Agenda Item 3 page 4 of 4 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CIVIL PENALTIES 4 5 Section Amended: § 104 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 104 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 104. Violations and penalties. 17 18 (a) Except as provided in subsection (b), any person who violates any of the provisions 19 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 20 punishable by a fine of not more than one thousand dollars ($1,000.00). If the 21 violation is uncorrected at the time of the conviction, the court shall order the violator 22 to abate or remedy the violation in compliance with this ordinance, within a time 23 period established by the court. Failure to remove or abate a violation within the 24 specified time period shall constitute a separate misdemeanor offense punishable by 25 a fine of not more than one thousand dollars ($1,000.00); and any such failure 26 during a succeeding ten-day period shall constitute a separate misdemeanor offense 27 punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); 28 and any such failure during any succeeding ten-day period shall constitute a 29 separate misdemeanor offense for each ten-day period punishable by a fine of not 30 more than two thousand dollars ($2,000.00). However, any conviction resultinq from 31 a violation of provisions regulating the storage or disposal of nonagricultural 32 excavation material, waste, and debris shall be punishable by a fine of $2 000. 33 Failure to abate the violation within the specified time period shall be punishable by 34 a fine of $5,000, and any such failure during any succeeding 10-day period shall 35 constitute a separate misdemeanor offense for each 10-day period punishable by a 36 fine of$7,500. 37 38 (b) Any person who violates any provision of Part B of Article 2, section 241.2, section 39 2303, or the use regulations regarding only short term rentals, of the City Zoning 40 Ordinance hereof shall be assessed a civil penalty in the amount of two hundred 41 dollars ($200.00) for the initial summons and not more than five hundred dollars 42 ($500.00) for each additional summons. However, for any repeat violation on 43 property that is zoned or used for multifamily residential purposes the penalty shall 44 be not more than (i) $1,000 for a second violation and (ii) $1 500 for a third or 45 subsequent violation, not to exceed an aggregate amount of $6 000 for all such 46 violations within a 12-month period. The assessment of a civil penalty shall not 47 preclude the institution of a civil action by the zoning administrator pursuant to 48 section 103(a) of this ordinance, but no such violation shall, unless it results in injury 49 to any person, be prosecuted as a criminal misdemeanor, provided however that 50 when such civil penalties total five thousand dollars ($5,000.00) or more, the 51 violation may be prosecuted as a criminal misdemeanor. 52 53 (c) The zoning administrator or his or her designee may issue a civil summons as 54 provided by law for a violation. Any person summoned or issued a ticket for a 55 violation may make an appearance in person or in writing by mail to the city 56 treasurer prior to the date fixed for trial in court. Any person so appearing may enter 57 a waiver of trial, admit liability, and pay the civil penalty established for the offense 58 charged. Such persons shall be informed of their right to stand trial and that a 59 signature to an admission of liability will have the same force and effect as a 60 judgment of court. Notwithstanding a court's authority to order the abatement or 61 remedy of a zoning violation for any violation involving property that is zoned or used 62 for multifamily residential purposes, any person who admits liability shall be required 63 to abate or remedy such violation within six months from the date of admission of 64 liability. If a person charged with a scheduled violation does not elect to enter a 65 waiver of trial and admit liability, the violation shall be tried in the general district 66 court in the same manner and with the same right of appeal as provided by law. In 67 any trial for a violation, it shall be the burden of the zoning administrator or his or her 68 designee to show the liability of the violator by a preponderance of the evidence. If 69 the violation remains uncorrected at the time of the admission of liability or finding of 70 liability, the court may order the violator to abate or remedy the violation in order to 71 comply with the zoning ordinance. Except as otherwise provided by the court for 72 good cause shown, any such violator shall abate or remedy the violation within a 73 period of time as determined by the court, but not later than six months of the date of 74 admission of liability or finding of liability. Each day during which the violation 75 continues after the court-ordered abatement period has ended shall constitute a 76 separate offense. An admission of liability or finding of liability shall not be a criminal 77 conviction for any purpose. 78 79 (d) Each day during which the violation is found to have existed shall constitute a 80 separate offense. However, specified violations arising from the same operative set 81 of facts shall not be charged more frequently than once in any ten-day period, and., 82 for violations that do not involve property that is zoned or used for multifamily 83 residential purposes, a series of specified violations arising from the same operative 84 set of facts shall not result in civil penalties which exceed a total of five thousand 85 dollars ($5,000.00). Civil penalties shall not accrue or be assessed for a period of 86 thirty (30) days after the issuance of a notice of violation from the zoning 87 administrator or during the pendency of an appeal to the board of zoning appeals. 88 89 (e) This section shall not apply to (i) activities related to land development; (ii) 90 violations of sections 215 and 216 of this ordinance; (iii) violations relating to the 91 posting of signs on public property or public rights-of-way; or (iv) violations resulting 92 in injury to any person or persons. 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: aoww�l�� anning Department City Attorney's ffice CA16913 R-1 June 9, 2025 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #03 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. I guess we'll move on to the next one then. You're number three. Mr. Kemp: Again for the record. Kevin Kemp, Zoning Administrator for the City of Virginia Beach. Item three is a text amendment. Also to amend Section 104 of the Zoning Ordinance pertaining to civil penalties. Specifically,this amendment would align our Zoning Ordinance with recently adopted legislation from the general assembly. The proposed changes would allow for increased fines for convictions related to violations involving the storage or disposal of non- agricultural excavation material, water, and debris and repeat offenders for short-term rental properties within multi-family purposes. Additionally, it would require a person who admits liability for a violation involving multi-family purpose to abate the remedy within six months. We are recommending approval of this ordinance as it will provide consistency with recently adopted state legislation. Mr. Coston: Thank you again, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda,your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 106 OF THE CITY ZONING ORDINANCE PERTAINING TO APPEAL PERIOD FOR NOTICE OF VIOLATION. MEETING DATE: August 12, 2025 ■ Background: This text amendment updates Section 106 of the City Zoning Ordinance to align with legislation recently adopted by the Virginia Assembly, specifically Senate Bill 1422. ■ Considerations: Currently, the Zoning Ordinance requires a 30-day appeal period for all violations except those specifically listed as exceptions. The exceptions include violations involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, and similar reoccurring short term rental violations. This amendment will include violations involving the storage or disposal of nonagricultural excavation material, waste, and debris to be subject to a 10-day appeal period. 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 July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 40 Agenda I A•• of Beach Planning Commission • • Hearing: • , 2025 VB' Appeal Period for Notice of Violation Ordinance Amendment M An ordinance to amend Section 106 of the City Zoning Ordinance pertaining to the appeal period for a notice of violation. Summary of Request This text amendment updates Section 106 of the Zoning Ordinance to align with legislation recently adopted by the General Assembly, specifically Senate Bill 1422. Currently, the Zoning Ordinance requires a 30-day appeal period for all violations except those specifically listed as exceptions.The exceptions include violations involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, and similar reoccurring short term rental violations. This amendment will include violations involving the storage or disposal of nonagricultural excavation material, waste, and debris to be subject to a 10-day appeal period. Recommendation Staff recommends approval of this ordinance. This amendment will make the Zoning Ordinance consistent with recently adopted State legislation. City of Virginia Beach Agenda Item 4 page 1 of 3 Ordinance 1 AN ORDINANCE TO AMEND SECTION 106 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO APPEAL PERIOD FOR 4 NOTICE OF VIOLATION 5 6 Section Amended: § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity. convenience, general welfare. and good zoning 10 practice so require: 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as folio,,,.,s: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order, 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal, within thirty (30) days of 24 the date of the decision appealed, unless the notice of violation involves "a the 25 storage or disposal of nonagricultural excavation material, waste, and debris [begin 26 strikethrough] o4 [end strikethrough]. (b) temporary or seasonal commercial uses. 27 { j parking of commercial trucks in residential zoning districts, or L41 similar short- 28 term recurring violations. in which case the appeal period is ten (10) days from the 29 date of the notice of violation. All decisions not timely appealed shall be final and 30 unappealable. In addition thereto, the board shall have such other powers and 31 duties as are set forth in Code of Virginia. § 15.2-2309: provided, however, that the 32 board shall have no authority to hear and decide applications for conditional use 33 permits, and provided further, that written notice as prescribed in Code of Virginia, § 34 15.2-2204 shall be given at least fifteen (15) days prior to the hearing before the 35 board. Notice shall be published t,.vice in a newspaper having general circulation in 36 the City. The first notice shall be published no more than t%venty-eight (28) days 37 before the meeting and the second notice appearing no less than seven (7) days 38 before the date of the meeting. The cost of the public notices required by Section 39 15.2-2204 of the Code of Virginia shall be charged to the applicant. 40 41 (b) The membership, organization and procedures of the board of zoning appeals shall 42 be as set forth in Code of Virginia. §§ 15.2-2308 through 15.2-2314, as amended. 43 In the event the board denies an application for a variance, substantially the same 44 application shall not be considered by the board for a period of one (1) year from 45 the date of denial. 46 City of Virginia Beach Agenda Item 4 page 2 of 3 47 (c) Every application concerning a single-family residence, semi-detached residence or 48 duplex to the board of zoning appeals shall be accompanied by a fee of four 49 hundred dollars ($400.00), and all other applications shall be accompanied by a fee 50 of five hundred dollars ($500.00). Such fee shall include all costs of notification and 51 advertising. Each lot upon which a. variance is requested shall be the subject of a 52 separate application and a separate fee; provided, however, that variances from the 53 setback and landscaping provisions of section 201(e)(1), pertaining to fences and 54 walls, may be the subject of a single application and fee where the following 55 conditions are met: 56 57 (1) The lots upon which the variance is requested are contiguous lots within a 58 single subdivision block, as shown on the recorded plat of the subdivision in 59 which the lots are located; 60 61 (2) The fence or fences which are the subject of the variance are located wholly 62 upon property owned by a bona fide homeowners' association €reated by legal 63 instrument recorded in the office of the clerk of the circuit court, or upon which 64 there is a recorded perpetual easement allowing such homeowners' 65 association, or the members thereof, to construct and maintain a fence upon 66 such property, 67 68 (3) Such fence or fences are owned by the homeowners' association; and 69 70 (4) The individual signing the application certifies to the zoning administrator, in 71 writing, that he or she is vested with the authority to act on behalf of the 72 homeowners' association in the matter and that such association has 73 authorized, in the manner prescribed by its by-laws or other instrument, the 74 filing of the application. 75 76 (d) Any decision of the board shall be binding upon the owner of the property which is 77 the subject of such appeal only if the owner of such property has been provided 78 notice in accordance with section 103(I). Actual notice by the owner or active 79 participation in the decision of the board shall waive the owner's right to challenge 80 the validity of the board's decision because of the failure of the owner to receive 81 notice. 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: Planning Department City Attorney's Office CA16921 City of Virginia Beach Agenda Item 4 page 3 of 3 1 AN ORDINANCE TO AMEND SECTION 106 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO APPEAL PERIOD FOR 4 NOTICE OF VIOLATION 5 6 Section Amended: § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA- 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order, 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal, within thirty (30) days of 24 the date of the decision appealed, unless the notice of violation involves a the 25 storage or disposal of nonagricultural excavation material, waste, and debris, (b) 26 temporary or seasonal commercial uses, (c) parking of commercial trucks in 27 residential zoning districts, or (d) similar short-term recurring violations, in which 28 case the appeal period is ten (10) days from the date of the notice of violation. All 29 decisions not timely appealed shall be final and unappealable. In addition thereto, 30 the board shall have such other powers and duties as are set forth in Code of 31 Virginia, § 15.2-2309; provided, however, that the board shall have no authority to 32 hear and decide applications for conditional use permits, and provided further, that 33 written notice as prescribed in Code of Virginia, § 15.2-2204 shall be given at least 34 fifteen (15) days prior to the hearing before the board. Notice shall be published 35 twice in a newspaper having general circulation in the City. The first notice shall be 36 published no more than twenty-eight (28) days before the meeting and the second 37 notice appearing no less than seven (7) days before the date of the meeting. The 38 cost of the public notices required by Section 15.2-2204 of the Code of Virginia 39 shall be charged to the applicant. 40 41 (b) The membership, organization and procedures of the board of zoning appeals shall 42 be as set forth in Code of Virginia, §§ 15.2-2308 through 15.2-2314, as amended. 43 In the event the board denies an application for a variance, substantially the same 44 application shall not be considered by the board for a period of one (1) year from 45 the date of denial. 46 47 (c) Every application concerning a single-family residence, semi-detached residence or 48 duplex to the board of zoning appeals shall be accompanied by a fee of four 49 hundred dollars ($400.00), and all other applications shall be accompanied by a fee 50 of five hundred dollars ($500.00). Such fee shall include all costs of notification and 51 advertising. Each lot upon which a variance is requested shall be the subject of a 52 separate application and a separate fee; provided, however, that variances from the 53 setback and landscaping provisions of section 201(e)(1), pertaining to fences and 54 walls, may be the subject of a single application and fee where the following 55 conditions are met: 56 57 (1) The lots upon which the variance is requested are contiguous lots within a 58 single subdivision block, as shown on the recorded plat of the subdivision in 59 which the lots are located; 60 61 (2) The fence or fences which are the subject of the variance are located wholly 62 upon property owned by a bona fide homeowners' association created by legal 63 instrument recorded in the office of the clerk of the circuit court, or upon which 64 there is a recorded perpetual easement allowing such homeowners' 65 association, or the members thereof, to construct and maintain a fence upon 66 such property; 67 68 (3) Such fence or fences are owned by the homeowners' association; and 69 70 (4) The individual signing the application certifies to the zoning administrator, in 71 writing, that he or she is vested with the authority to act on behalf of the 72 homeowners' association in the matter and that such association has 73 authorized, in the manner prescribed by its by-laws or other instrument, the 74 filing of the application. 75 76 (d) Any decision of the board shall be binding upon the owner of the property which is 77 the subject of such appeal only if the owner of such property has been provided 78 notice in accordance with section 103(I). Actual notice by the owner or active 79 participation in the decision of the board shall waive the owner's right to challenge 80 the validity of the board's decision because of the failure of the owner to receive 81 notice. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ) 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 1 ww� /4A7 anning Department City Attorney's Offi66 CA16921 R-1 June 20, 2025 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #04 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you again, sir. Item four. Mr. Kemp: For the record, Kevin Kemp, Zoning Administrator, City of Virginia Beach. Item four is an Ordinance to amend Section 106 of the Zoning Ordinance pertaining to the appeal period for notices of violation. This again would align our ordinance with recently adopted state legislation. The Zoning Ordinance currently requires a 30 day appeal period for notice of violation unless it is specifically noted otherwise. What this amendment would do would, it would include the storage or disposal of non-agricultural excavation material waste and debris, as one of these exceptions,and therefore,they would be subject to a 10-day appeal period. We are recommending approval of this text amendment as it will be consistent with state legislation. Mr. Coston: Thank you, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22,23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda,your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person,but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 4 4�l` 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND THE CITY CODE, APPENDIX B, SUBDIVISION REGULATIONS TO UPDATE REFERENCES TO THE STATE CODE AND THE EROSION AND STORMWATER MANAGEMENT ORDINANCE MEETING DATE: August 12, 2025 ■ Background: Staff is proposing a text amendment to the Subdivision Regulations, Appendix B, of the City Code. This amendment will make the Ordinance consistent with recent legislation from the Virginia General Assembly, specifically related to §15.2-2259 and §15.2-2260 of the Code of Virginia. ■ Considerations: This request will update references to the State Code with regards to the applicable review timeline and criteria for subdivision plats, reducing the timeframe localities have to review subdivision plats. Additionally, the amendment will extend the period of validity following preliminary subdivision plat approval to 5-years provided the subdivider submits a final subdivision plat for all or a portion of the property within one year of approval and diligently pursues approval of the final subdivision plat. Finally, the amendment will update references to the City's Erosion and Stormwater Management Ordinance, Appendix D. 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 July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda A•• of Beach Planning Commission • • 202S Subdivision Regulations (Appendix An ordinance to amend the City Code, Appendix B, Subdivision Regulations to update references to the State Code and the Erosion and Stormwater Management Ordinance. Summary of This amendment updates the Subdivision Regulations (Appendix B) of the City Code to align with recent changes to Section 15.2-2259 and 15.2-2260 of the Code of Virginia. The proposed changes pertain to Sections 3.2, 3.3, 5.5, and 8.1 of the Subdivision Regulations and include the following: • Updates the reference to the State Code related to the applicable review timeline and criteria for site development plans, • Extends the period of validity following preliminary subdivision plat approval to five (5)years, provided the subdivider submits a final subdivision plat for all or a portion of the property within one (1)year of the approval and diligently pursues approval of the final subdivision plat, • Once a final subdivision plat, whether for all or a portion of the property, is recorded, the preliminary subdivision plat shall remain valid for a period of 5-years from the date of the last recorded plat, and • Updates the reference to the State Code related to the applicable review timeline and criteria for final subdivision plats Recommendation Staff recommends approval of this ordinance as it will make the Subdivision Ordinance consistent with recent changes to the State Code and update references to the City's Erosion and Stormwater Management Ordinance. City of Virginia GBeach Agenda Item 6 page 1 of 6 Ordinance 1 AN ORDINANCE T0 AMEND THE CITY CODE, APPENDIX 2 B. SUBDIVISION REGULATIONS. TO UPDATE 3 REFERENCES TO THE STATE CODE AND THE 4 EROSION AND STORK8WATER MANAGEMENT 5 ORDINANCE G 7 Sections Amended: §8 3.2. 3.3. 5.5. and 8.1 of the 8 Subdivision Regulations S 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF V|RGiN|A 11 BEACH. V/RG|N|A: 12 13 That Sections 3.2, 3.3. 5.5 and 81 of the Subdivision Regulations of the City 14 Code is hereby amended and reordainedto read asfollows: 15 18 APPENDIX B SUBDIVISION REGULATIONS 17 18 . . . . 19 20 Sec. 3.2. Procedure for conditional preliminary plat approval. 21 22 (o) The subdivide/ shall cause to be prepared a preliminary plat with other nla1eha| 23 required as set forth in section 8, and shall submit such number of copies gothe 24 planning director shall require thereof to the planning director for processing and 25 referral to affected agencies, together with an application for approval and such fee 20 as is established by city council in relation to processing subdivision plats for plats 37 involving more than fifty (50) lots, The subdivider may prepare a preliminary plat, as 28 described above, for plats involving fifty (50) lots orless. Time limitations in relation 39 to such processing shall begin as of date of receipt of the preliminary plat. 30 application and fee as indicated on such documents when they are received by the 31 planning director. 32 33 (b) After the preliminary plat and related material has been submitted it shall be 34 reviewed by the planning director and other affected agencies of the city for 35 conformity to this ordinance and other applicable rogu|ahons, and negotiations 36 made with the subdivider es tn changes deemed advisable and the kind and extent 37 of improvements to be made by him. The planning director shall act upon the 38 preliminary plat and related material as submitted or as modified by the subdivider 39 in accordance with the timeline and review criteria outlined in section 15.2-2260 of 40 the Code of Virginia;-and-4�,iW-ove�shall 41 43 . 43 44 (u) The action of the planning director shall be noted on all copies nfthe preliminary 45 plat to be retained in the record, referenced and attached to any changes or 46 conditions determined. One such copy shall be returned to the subdivider. and City nfVirginia Beach Agenda Item 6 page 2nf6 47 others retained as required for records or further action of the department or other 48 affected agencies of the city. 49 50 (d) Conditional approval of a preliminary plat shall not constitute approval of the final 51 plat, but shall be deemed an expression of approval of the layout submitted on the 52 preliminary plat and other matters determined in connection therewith which shall 53 serve as a guide in preparation of the final plat to be submitted for final approval 54 and for recording upon fulfillment of the requirements of this ordinance and the 55 conditions of the conditional approval, if any. SuGh approval of the pfe#+rninary plat 56 s4a4 be vakd fef--af peci >d fae-wed-e+g# �{4�41}days aed ay ex dec# 57 by the plan Unless the final plat is submitted-w4 e hundifed ARM 58 days of-s ter ed pe{i$d me allewe4-the d+tionaf appfeva,4-s "be 59 ve+d: 60 61 (e) Once a preliminary subdivision plat is approved it shall be valid for a period of five 62 years, provided the subdivider i submits a final subdivision plat for all or a p rtion 63 of the property within one year of such approval or such longer period as may be 64 grescribed by local ordinance, and (ii) thereafter diligently pursues approval of the 65 final subdivision plat. "Diligent pursuit of approval" means that the subdivider has 66 incurred extensive obligations or substantial expenses relating to the submitted final 67 subdivision plat or modifications thereto. However, no sooner than three years 68 following such preliminary subdivision plat approval and upon 90 days' written 69 notice by certified mail to the subdivider, the Planning Director may revoke such 70 approval upon a specific finding of facts that the subdivider has not diligently 71 pursued approval of the final subdivision plat. 72 73 (f) Once an approved final subdivision plat for all or a portion of the property is 74 recorded pursuant to section 15.2-2261 of the code of Virginia, the underlying 75 preliminary plat shall remain valid for a period of five years from the date of the 76 latest recorded plat of subdivision for the property. The five-year period of validi!Y 77 shall extend from the date of the last recorded plat. 78 79 Sec. 3.3. Procedure for approval of final plat. 80 81 . . . . 82 83 (c) Upon submittal of the final plat and other materials required with application for final 84 approval, the planning director shall initiate and coordinate review by affected 85 agencies of the city to determine: 86 87 (1) Substantial compliance with the preliminary plat and any conditions of the 88 conditional approval thereof. 89 (2) General compliance with the regulations set forth herein. and other applicable 90 regulations. 91 City of Virginia Beach Agenda Item 6 page 3 of 6 92 Such review shall be completed - (eir sty-terms 93 per+ed 94 wi Nn--su4f t+ e e c�a# plat aid fetated ef+a4s -approved i+sappfc ved: 95 96 si�ErQ% lags-ve rse 97 sba#-fps pF()Yideb byy-Iaw in accordance with the timeline and review criteria outlined 98 in section 15.2-2259 of the Code of Virginia. 99 100 (d) Approval of the final plat shall be void: 101 102 (1) Unless the approved plat is recorded in the office of the clerk of the circuit court 103 of the city within one year from the date of approval. 104 (2) If there are any additions, deletions or alterations in the original tracing 105 following approval, except for marking incidental to recording. 106 107 Sec. 5.5. Street and other drainage. 108 109 . . . . 110 111 Every subdivision shall have a drainage system adequate for the type of 112 development proposed and so related to existing or potential surrounding development 113 as to form a logical part of a coordinated system minimizing potential drainage problems 114 for the general area. No plan or development shall take such form as to create potential 115 or actual impoundment of water on, or discharge of water onto, adjacent property in 116 such a manner as to (a) affect adversely existing development, or (b) increase problems 117 of future development on such adjacent property. except with the written and recorded 118 consent of the adjoining property owners affected and the approval of the department of 119 planning. 120 121 . . . . 122 123 (d) [Waiver or modification.] The director of the department of planning shall 124 consider and may approve a waiver or modification to the requirements set 125 forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the following 126 are met: 127 128 (1) Each lot in the subdivision shall be no less than fifteen thousand (15,000) 129 square feet in area; 130 (ii) Each lot shall provide area for no fewer than four (4) on-site parking 131 spaces; 132 (iii) All open drainage systems shall be provided and designed in accordance 133 with the performance standards and design criteria of the erosion and 134 stormwater management ordinance; 135 (iv) The proposed system of open or natural drainage ways shall be an 136 appropriate component of a stormwater management plan to be approved 137 for the subdivision as part of the process for granting a waiver or City of Virginia Beach Agenda Item 6 page 4 of 6 138 modification under this section. Such stormwater management plan shall 139 include, in addition to the requirements of section 1-6,1 Appendix D, the 140 following elements: A tree inventorylprotection plan meeting the 141 requirements of section 1.4. Appendix E: a wetlands delineation: depicting 142 the limits of tidal and non-tidal wetlands and a plan for avoiding impacts to 143 identified wetlands to the maximum extent practicable, minimizing 144 unavoidable impacts to the maximum extent practicable and a plan for 145 compensating for impacts that cannot be avoided and minimized; 146 provision for the protection or creation of a natural area buffer of sufficient 147 width to prevent erosion, trap sediment in overland runoff, provide 148 necessary maintenance access and provision for the protection of any 149 other significant natural features in accordance with the design principles 150 for "Sheet Flow to Conserved Open Space" contained in the Virginia 151 Stormwater Management Handbook , including steep 152 slopes.. 153 154 . . . . 155 156 Sec. 8.1. Plat fees. 157 158 (a) At the time preliminary subdivision plats are submitted, the following fees shall be 159 due and payable: 160 161 (1) Residential two (2) lot plats: Three hundred thirty-six dollars (5336,00), 162 (2) Residential three (3) to five (5) lot plats: Eight hundred forty dollars (5840.00) 163 plus one hundred sixty-eight dollars ($168.00) per lot. 164 (3) Residential six (6) or more lot plats: One thousand one hundred eighty-eight 165 dollars (S1,188.00) plus seven dollars ($7.00) per lot after the first five (5) lots. 166 (4) Nonresidential plats: One thousand one hundred eighty-two dollars (511.182.00) 167 plus fifty-one dollars (551.00) per lot. 168 (5) As an exception to the above, there shall be no preliminary subdivision review 169 fee for residential lot plats in the AG-1 and AG-2 Agricultural Districts where 170 standard conditional use permit fees have been paid. 171 172 (b) At the time construction plans are submitted, the following fees shall be due and 173 payable from the effective date of this ordinance [July 1, 20141: 174 Area of proposed land disturbance Fee Greater than orequal to 2500 SF and less than 1 acre 5900.00 Greater than or equal to 1 acre and less than 5 acres 1 $1,000.00 Greater than orequal to 5 acres and less than 10 acres 1 $1.333.00 Greater than or equal to 10 acre and less than 50 acres $2,847.00 Greater than orequal to 50 acres and less than 100 acres $5,877.00 Greater than or e, I Stormwater Management Review fees as required by Section 4-33 5.9of the Erosion Viand Stormwater Management Ordinance jAppendix D]. City of Virginia Beach Agenda Item 6 page 5 of 6 175 176 . . . 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: Planning Department City Attorney's Office CA16919 R-2 June 25, 2025 City of Virginia Beach Agenda Item 6 page 6 of 6 1 AN ORDINANCE TO AMEND THE CITY CODE, APPENDIX 2 B, SUBDIVISION REGULATIONS, TO UPDATE 3 REFERENCES TO THE STATE CODE AND THE 4 EROSION AND STORMWATER MANAGEMENT 5 ORDINANCE 6 7 Sections Amended: §§ 3.2, 3.3, 5.5, and 8.1 of the 8 Subdivision Regulations 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 3.2, 3.3, 5.5 and 8.1 of the Subdivision Regulations of the City 14 Code is hereby amended and reordained to read as follows: 15 16 APPENDIX B SUBDIVISION REGULATIONS 17 18 . . . . 19 20 Sec. 3.2. Procedure for conditional preliminary plat approval. 21 22 (a) The subdivider shall cause to be prepared a preliminary plat with other material 23 required as set forth in section 6, and shall submit such number of copies as the 24 planning director shall require thereof to the planning director for processing and 25 referral to affected agencies, together with an application for approval and such fee 26 as is established by city council in relation to processing subdivision plats for plats 27 involving more than fifty (50) lots. The subdivider may prepare a preliminary plat, as 28 described above, for plats involving fifty (50) lots or less. Time limitations in relation 29 to such processing shall begin as of date of receipt of the preliminary plat, 30 application and fee as indicated on such documents when they are received by the 31 planning director. 32 33 (b) After the preliminary plat and related material has been submitted it shall be 34 reviewed by the planning director and other affected agencies of the city for 35 conformity to this ordinance and other applicable regulations, and negotiations 36 made with the subdivider as to changes deemed advisable and the kind and extent 37 of improvements to be made by him. The planning director shall act upon the 38 preliminary plat and related material as submitted or as modified by the subdivider 39 in accordance with the timeline and review criteria outlined in section 15.2-2260 of 40 the Code of Virginia, and if appFeved shall Gertify its approval as GGnditienal 41 appF()val and state the Gendffitffien6 Of SUGh approval, of any, E)F if disapproved, shall 42 indiGate its disappreyal aR d the reasons therefor uw va.aN N�vvur 43 44 (c) The action of the planning director shall be noted on all copies of the preliminary 45 plat to be retained in the record, referenced and attached to any changes or 46 conditions determined. One such copy shall be returned to the subdivider, and 47 others retained as required for records or further action of the department or other 48 affected agencies of the city. 49 50 (d) Conditional approval of a preliminary plat shall not constitute approval of the final 51 plat, but shall be deemed an expression of approval of the layout submitted on the 52 preliminary plat and other matters determined in connection therewith which shall 53 serve as a guide in preparation of the final plat to be submitted for final approval 54 and for recording upon fulfillment of the requirements of this ordinance and the 55 conditions of the conditional approval, if any. 56 shall be valid for a peFied of ene hURdFed eighty (180) days and may be elxte,nded 57 by the planning diron+Or Unless the final plat is submitted within nno hU Rdred (180) 58 days OF SUGh extended peried as may be allewed, the GE)nditieRal approval shall be 59 vQW-- 60 61 (e) Once a preliminary subdivision plat is approved, it shall be valid for a period of five 62 years, provided the subdivider (i) submits a final subdivision plat for all or a portion 63 of the property within one year of such approval or such longer period as may be 64 prescribed by local ordinance, and (ii) thereafter diligently pursues approval of the 65 final subdivision plat. "Diligent pursuit of approval" means that the subdivider has 66 incurred extensive obligations or substantial expenses relating to the submitted final 67 subdivision plat or modifications thereto. However, no sooner than three years 68 following such preliminary subdivision plat approval, and upon 90 days' written 69 notice by certified mail to the subdivider, the Planning Director may revoke such 70 approval upon a specific finding of facts that the subdivider has not diligently 71 pursued approval of the final subdivision plat. 72 73 (f) Once an approved final subdivision plat for all or a portion of the property is 74 recorded pursuant to section 15.2-2261 of the code of Virginia the underlying 75 preliminary plat shall remain valid for a period of five years from the date of the 76 latest recorded plat of subdivision for the property. The five-year period of validity 77 shall extend from the date of the last recorded plat. 78 79 Sec. 3.3. Procedure for approval of final plat. 80 81 . . . . 82 83 (c) Upon submittal of the final plat and other materials required with application for final 84 approval, the planning director shall initiate and coordinate review by affected 85 agencies of the city to determine: 86 87 (1) Substantial compliance with the preliminary plat and any conditions of the 88 conditional approval thereof. 89 (2) General compliance with the regulations set forth herein, and other applicable 90 regulations. 91 92 Such review shall be completed w,r"�R sixty 60 s of sahmiftal (er S Gh IeRger 93 pepied as may be agreed UPOR on WFitiRg by the subdivider and the depa 94 w0thiR GUGh time, the fiRal plat and related mateFdals shall be appFeved GF 95 96 97 shall be as provided by la in accordance with the timeline and review criteria outlined 98 in section 15.2-2259 of the Code of Virginia. 99 100 (d) Approval of the final plat shall be void: 101 102 (1) Unless the approved plat is recorded in the office of the clerk of the circuit court 103 of the city within one year from the date of approval. 104 (2) If there are any additions, deletions or alterations in the original tracing 105 following approval, except for marking incidental to recording. 106 107 Sec. 5.5. Street and other drainage. 108 109 . . . . 110 111 Every subdivision shall have a drainage system adequate for the type of 112 development proposed and so related to existing or potential surrounding development 113 as to form a logical part of a coordinated system minimizing potential drainage problems 114 for the general area. No plan or development shall take such form as to create potential 115 or actual impoundment of water on, or discharge of water onto, adjacent property in 116 such a manner as to (a) affect adversely existing development, or (b) increase problems 117 of future development on such adjacent property, except with the written and recorded 118 consent of the adjoining property owners affected and the approval of the department of 119 planning. 120 121 . . . . 122 123 (d) [Waiver or modification.] The director of the department of planning shall 124 consider and may approve a waiver or modification to the requirements set 125 forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the following 126 are met: 127 128 (i) Each lot in the subdivision shall be no less than fifteen thousand (15,000) 129 square feet in area; 130 (ii) Each lot shall provide area for no fewer than four (4) on-site parking 131 spaces; 132 (iii) All open drainage systems shall be provided and designed in accordance 133 with the performance standards and design criteria of the erosion and 134 stormwater management ordinance; 135 (iv) The proposed system of open or natural drainage ways shall be an 136 appropriate component of a stormwater management plan to be approved 137 for the subdivision as part of the process for granting a waiver or 138 modification under this section. Such stormwater management plan shall 139 include, in addition to the requirements of seGtiE)R ^ 67 Appendix D, the 140 following elements: A tree inventory/protection plan meeting the 141 requirements of section 1.4, Appendix E; a wetlands delineation; depicting 142 the limits of tidal and non-tidal wetlands and a plan for avoiding impacts to 143 identified wetlands to the maximum extent practicable, minimizing 144 unavoidable impacts to the maximum extent practicable and a plan for 145 compensating for impacts that cannot be avoided and minimized; 146 provision for the protection or creation of a natural area buffer of sufficient 147 width to prevent erosion, trap sediment in overland runoff, provide 148 necessary maintenance access and provision for the protection of any 149 other significant natural features in accordance with the design principles 150 for "Sheet Flow to Conserved Open Space" contained in the Virginia 151 Stormwater Management Handbook BMP Clearinghouse, including steep 152 slopes; 153 154 . . . . 155 156 Sec. 8.1. Plat fees. 157 158 (a) At the time preliminary subdivision plats are submitted, the following fees shall be 159 due and payable: 160 161 (1) Residential two (2) lot plats: Three hundred thirty-six dollars ($336.00). 162 (2) Residential three (3) to five (5) lot plats: Eight hundred forty dollars ($840.00) 163 plus one hundred sixty-eight dollars ($168.00) per lot. 164 (3) Residential six (6) or more lot plats: One thousand one hundred eighty-eight 165 dollars ($1,188.00) plus seven dollars ($7.00) per lot after the first five (5) lots. 166 (4) Nonresidential plats: One thousand one hundred eighty-two dollars ($1,182.00) 167 plus fifty-one dollars ($51.00) per lot. 168 (5) As an exception to the above, there shall be no preliminary subdivision review 169 fee for residential lot plats in the AG-1 and AG-2 Agricultural Districts where 170 standard conditional use permit fees have been paid. 171 172 (b) At the time construction plans are submitted, the following fees shall be due and 173 payable from the effective date of this ordinance [July 1, 2014]. 174 Area of proposed land disturbance Fee Greater than orequal to 2500 SF and less than 1 acre $900.00 Greater than orequal to 1 acre and less than 5 acres $1,000.00 Greater than orequal to 5 acres and less than 10 acres $1,333.00 Greater than orequal to 10 acre and less than 50 acres $2,847.00 Greater than orequal to 50 acres and less than 100 acres $5,877.00 Greater than orequal to 100 acres $7,560.00 Stormwater Management Review fees as required by Section 4-33 5_9of the Erosion and Stormwater Management Ordinance [Appendix D . 175 176 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -��11 A.�4w� e4o lanning Department City Attorney's Offi CA16919 R-2 June 25, 2025 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #06 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. Item six. Mr. Kemp: For the record, Kevin Kemp, Zoning Administrator, City of Virginia Beach. Item six is an ordinance to amend Appendix B of the City Code,which up states references to the state code and the erosion storm water management ordinance. Specifically, it is in regards to review timelines and criteria for subdivision plats. It extends the period of validity for an approved preliminary subdivision plat to five years, so long as the subdivider submits a final plat within one year of the preliminary plat approval and diligently pursues approval of the final subdivision. Plat staff recommends approval of this ordinance as it will provide consistency with recently adopted state legislation. Mr. Coston: Thank you, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr.Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda,your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person,but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 CZBI�y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND THE CITY CODE, APPENDIX C, SITE PLAN ORDINANCE TO UPDATE REFERENCES TO THE STATE CODE AND THE EROSION AND STORMWATER MANAGEMENT ORDINANCE MEETING DATE: August 12, 2025 ■ Background: Staff is proposing a text amendment to the Site Plan Ordinance, Appendix C, of the City Code. This amendment will make the Ordinance consistent with recent legislation from the Virginia General Assembly, specifically related to §15.2-2259 and §15.2-2260 of the Code of Virginia. ■ Considerations: This request will update references to the State Code with regards to the definition of an agricultural use and the applicable review timeline and criteria for site development plans, reducing the review timeframe for localities for site plans. Additionally, the amendment will extend the period following site plan approval an individual has to secure a building permit or commence use of the land from 180 days to 5-years and allow for a 1-year extension on the period of validity versus the 90-day extension previously permitted by State Code. Finally, the amendment will update references to the City's Erosion and Stormwater Management Ordinance, Appendix D. 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 July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Plannin Commission recommends Approval. Submitting Department/Agency: Planning Department City Manageraw Agenda A• • of Planning Commission• ' • 2025 V-B- Site Plan Ordinance • • • Amendment An ordinance to amend the City Code, Appendix C, Site Plan Ordinance to update references to the State Code and the Erosion and Stormwater Management Ordinance. Summary of - • This amendment updates the Site Plan Ordinance, Appendix C, of the City Code to align with recent changes to Section 15.2-2259 and 15.2-2260 of the Code of Virginia. The proposed changes pertain to Sections 1, 3, 4, and 7 of the Site Plan Ordinance and include the following: • Updates the reference to the State Code related to the definition of an agricultural use, 0 Updates references to the City's Erosion and Stormwater Management Ordinance, Appendix D, • Updates the reference to the State Code related to the applicable review timeline and criteria for site development plans, and • Extends the period of time following site plan approval an individual has to secure a building permit or commence use of the land from 180 days to 5 years. Additionally, it allows for a 1-year extension on the period of validity versus the 90-day extension previously permitted by State Code Recommendation Staff recommends approval of this ordinance as it will make the Site Plan Ordinance consistent with recent changes to the State Code and update references to the City's Erosion and Stormwater Management Ordinance. City of Virginia Beach Agenda Item 5 page 1 of 6 Ordinance 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX C, SITE PLAN 3 ORDINANCE, TO UPDATE REFERENCES TO 4 THE STATE CODE AND THE EROSION AND 5 STORMWATER MANAGEMENT ORDINANCE 6 7 Sections Amended: Site Plan Ordinance §§ 1, 3, 4 and 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require-, 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1, 3, 4 and 7 of the Site Plan Ordinance are hereby amended and 16 reordained to read as follows: 17 18 APPENDIX C SITE PLAN ORDINANCE 19 20 Sec. 1. Definitions. 21 22 23 24 1.2. Adequate. The term adequate shall mean standards and/or specifications as set 25 forth in recognized engineering codes and regulations, as approved and recognized 26 by national engineering organizations, except where such standards conflict with 27 the Public Works Design Standards Manual, as approved by the council of the City 28 of Virginia Beach, in which case the latter shall control. 29 30 1.3. Agricultural use. Shall mean any use devoted to the bona fide production for sale of 31 plants and animals useful to man, as more specifically defined in section 58- 32 76"32310 of the Code of Virginia, as amended, and under those uniform standards 33 as may be prescribed by the commissioner of agriculture and commerce, or those 34 uses devoted to and meeting the requirements and qualifications for payments or 35 other compensation pursuant to a soil conservation program under an agreement 36 with an agency of the federal government. 37 38 . . . . 39 40 Sec. 3. Procedures. 41 42 . . . . City of Virginia Beach Agenda Item 5 page 2 of 6 43 44 (c) Stormwater Management Review fees as required by Section 4-433 5.9 of the 45 Erosion and Stormwater Management Ordinance [Appendix D1. 46 47 (d) If an applicant, at any time during site plan review, submits a review, submits a 48 revised plan or portion thereof. field change or makes a change to the plan under 49 review not at the request of the City of Virginia Beach, such revision shall be 50 accompanied by a fee of one hundred sixty-eight dollars (5168.00) per sheet that is 51 revised or changed. 52 53 A.1 At the time any other type of site plan is submitted a review fee in the amount 54 of eighty-four dollars ($84.00) shall be required. 55 56 A.A.At the time easement or dedication plats are submitted a review fee in the in 57 the amount of eighty-four dollars ($84.00) shall be required. 58 All fees shall be payable to the city treasurer. 59 60 B. After the site development plan, related materials and fees have been 61 submitted, it shall be reviewed and processed by the city agent and other 62 affected city agencies for conformity to this ordinance and other applicable 63 regulations. The city agent shall act upon the site development plan and 64 related material as submitted by the developer, or as modified by the site on A 65 development review process, wit_Wltwentyi �__ �_ woc 66 67 -AA;Iional tirne, 'n'A if i^A shall --fliftl state the_1111—al and 68 OF " di 69 disappFoval and th-e in accordance with the timeline and 70 review criteria outlined in section 15.2-2259 of the Code of VLirqinja. 71 72 C. The action of the city agent shall be noted on all copies of the site development 73 plan to be retained in the record, referenced and attached to any changes or 74 conditions determined. One such copy shall be returned to the developer, and 75 others retained as required for records or further action of the department or 76 other affected agencies of the city. 77 78 DA.Building permits shall be issued in accordance with approved site development 79 plans, A copy of the approved site plan shall be retained in the records of the 80 building inspector's office and all building and occupancy permits shall conform 81 to the provisions of said site development plan. 82 83 D.2.Prior to issuance of a building permit. the developer shall furnish to the city a 84 certified check or bond with surety satisfactory to the city attorney. The check 85 or bond shall be in the amount of the estimated construction costs for all public 86 improvements to be accepted for dedication, maintenance and operation by 87 the city. Estimated construction costs shall be in accordance with the approved 88 site development plans: and the amount thereof shall be subject to the City of Virginia Beach Agenda Item 5 page 3 of 6 89 approval of the department of public works and the department of public 90 utilities, 91 92 D.3.For development or redevelopment subject to the plan of development process 93 set forth in Section 107 of the Chesapeake Bay Preservation Area Ordinance 94 [Appendix F), there shall also be furnished a certified check, bond, irrevocable 95 letter of credit or other surety satisfactory to the city attorney in an amount 96 equal to the estimated cost, including materials, of installation of required 97 landscaping. Cost estimates shall be based upon the approved plan of 98 development and shall be subject to the approval of the director of 99 development services. The terms "development" and "redevelopment" shall be 100 as defined in section 103 of the Chesapeake Bay Preservation Area 101 Ordinance. 102 103 E.1. Approval of the site development plan shall be void unless a building permit 104 has been issued or use of the land has commenced within one it -ems 105 five (4405) days dear s from the date of approval. Upon request. revalidation of 106 the site plan may be granted for an additional 44�oty grip (9011) days year if all 107 factors of the original site plan review are the same, provided written notice 108 requesting revalidation is received by the city agent prior to expiration of the 109 original oRe4iun*edeig*y five (4S05) day ygLar period. 110 ill E.2.A stop work order shall be put on the project if any improvements required on 112 the approved site development plan are not adhered to during the development 113 of the site. 114 115 F. When any improvement is to be accepted for dedication, maintenance or 116 operation by the department of public utilities, the developer may be required 117 to provide a certified check or bond (with surety acceptable to the city attorney) 118 in the amount of ten (10) percent of the total construction costs of the project to 119 cover the costs of any defects which may occur in such improvements within 120 two (2) years after the date of acceptance by the city. The director of public 121 utilities shall be responsible for determining when such security shall be 122 required. 123 124 Sec. 4. Information required on site development plan. 125 126 127 128 B. Existing and required site features and improvements.- 129 130 . . . . 131 132 7. Existing and proposed storm drainage easements and the direction of drainage 133 flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all City of Virginia Beach Agenda Item S page 4 of 6 134 contributing areas in acres for storm drainage calculations as required by the 135 Erosion and Stormwater Management Ordinance [Appendix D). Drainage area 136 maps and drainage calculations shall be submitted to the city as a component of 137 the site stormwater management plan in accordance with the Erosion and 138 Stormwater Management Ordinance [Appendix D). 139 140 8. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, 141 types and grades shall be shown. Connections into existing or proposed central 142 water and sewer systems shall be shown. 143 144 9. Provision and schedule for the adequate control of erosion and sedimentation 145 shall be in accordance with 146 s 30 56 --.14-30-794 the Erosion.__a_nd 147 Stormwater Management Ordinance (Appendix D1. 148 149 10, Landscape design and land use buffer plan in accordance with the design 150 standards of the department of planning, as approved by the council of the City of 151 Virginia Beach, shall be required. Where Chesapeake Bay Preservation Areas are 152 located on a site, landscaping design and buffer area plans shall be in accordance 153 with Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix 154 Fl. 155 156 11. A definite distance tie to an existing street intersection shall be provided, 157 158 12. Location and identification of existing graves and objects or structures marking 159 a place of burial shall be shown. 160 161 13. For development or redevelopment having a construction footprint exceeding 162 two thousand five hundred (2,500) square feet in Chesapeake Bay Preservation 163 Areas. there shall, except if waived as unnecessary by the planning director, also 164 be provided all elements of the plan of development as required by Section 107 of 165 the Chesapeake Bay Preservation Area Ordinance [Appendix F1 and the elements 166 for Chesapeake Bay land disturbing activities in accordance with the Erosion and 167 Stormwater Management Ordinance [Appendix D). The terms "development," 168 "redevelopment" and "construction footprint" shall be as defined in section 103 of 169 the Chesapeake Bay Preservation Area Ordinance. The term "Chesapeake Bay 170 Preservation Act land disturbing activity" shall be as defined in Section 1-3.2 of the 171 Erosion and Stormwater Management Ordinance [Appendix D]. 172 173 . . . . 174 175 Sec. 7. Variances and appeals. 176 177 . . . . 178 City of Virginia Beach Agenda Item 5 page 5 of 6 179 7.4. Notwithstanding anything in this section to the contrary, variances and appeals 180 arising from provisions of the Chesapeake Bay Preservation Area Ordinance 181 [Appendix F] included or incorporated in this ordinance shall be in accordance 182 with Section 110 or Section 111 of the Chesapeake Bay Preservation Area 183 Ordinance, as the case may be. 184 185 7.5 Notwithstanding anything in this section to the contrary, variances and appeals 186 arising from provisions of the Erosion and Stormwater Management Ordinance 187 [Appendix D] included or incorporated in this ordinance shall be in accordance 188 with the applicable provisions of the Erosion and Stormwater Management 189 Ordinance (Appendix D1. 190 191 . . . . 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: Planning Department City Attorneys Office CA16920 R-1 June 20, 2025 City of Virginia Beach Agenda Item 5 page 6 of 6 1 AN ORDINANCE TO AMEND THE CITY 2 CODE, APPENDIX C, SITE PLAN 3 ORDINANCE, TO UPDATE REFERENCES TO 4 THE STATE CODE AND THE EROSION AND 5 STORMWATER MANAGEMENT ORDINANCE 6 7 Sections Amended: Site Plan Ordinance §§ 1, 3, 4 and 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1, 3, 4 and 7 of the Site Plan Ordinance are hereby amended and 16 reordained to read as follows: 17 18 APPENDIX C SITE PLAN ORDINANCE 19 20 Sec. 1. Definitions. 21 22 . . . . 23 24 1.2. Adequate. The term adequate shall mean standards and/or specifications as set 25 forth in recognized engineering codes and regulations, as approved and recognized 26 by national engineering organizations, except where such standards conflict with 27 the Public Works Design Standards Manual, as approved by the council of the City 28 of Virginia Beach, in which case the latter shall control. 29 30 1.3. Agricultural use. Shall mean any use devoted to the bona fide production for sale of 31 plants and animals useful to man, as more specifically defined in section 58- 32 769.53230 of the Code of Virginia, as amended, and under those uniform standards 33 as may be prescribed by the commissioner of agriculture and commerce, or those 34 uses devoted to and meeting the requirements and qualifications for payments or 35 other compensation pursuant to a soil conservation program under an agreement 36 with an agency of the federal government. 37 38 . . . . 39 40 Sec. 3. Procedures. 41 42 . . . . 43 44 (c) Stormwater Management Review fees as required by Section 4-33 5.9 of the 45 Erosion and Stormwater Management Ordinance [Appendix D]. 46 47 (d) If an applicant, at any time during site plan review, submits a review, submits a 48 revised plan or portion thereof, field change or makes a change to the plan under 49 review not at the request of the City of Virginia Beach, such revision shall be 50 accompanied by a fee of one hundred sixty-eight dollars ($168.00) per sheet that is 51 revised or changed. 52 53 A.3.At the time any other type of site plan is submitted a review fee in the amount 54 of eighty-four dollars ($84.00) shall be required. 55 56 AA.At the time easement or dedication plats are submitted a review fee in the in 57 the amount of eighty-four dollars ($84.00) shall be required. 58 All fees shall be payable to the city treasurer. 59 60 B. After the site development plan, related materials and fees have been 61 submitted, it shall be reviewed and processed by the city agent and other 62 affected city agencies for conformity to this ordinance and other applicable 63 regulations. The city agent shall act upon the site development plan and 64 related material as submitted by the developer, or as modified by the site 65 development review process, withintwenty (20) working days, ��nle6s S�f177��TJ 66 rive m difiGatinn to the plan nr teR a n n imstan r.%,i giro e�E �rv-c—rrre c�mvcrrrvrr-cv--err e�Czcrraut��c�rC-k�rrrvn�rTC$S}�cq-ay-�rrc, 67 'a rumen time, an approved, G ify its approval and state the 68 Genditions Of GUGh approval, any, or if if disappF vedY-shall indiGat Ctt7--ltit 69 disappFyal he Feasens theFefer in accordance with the timeline and 70 review NN criteria outlined in section 15.2-2259 of the Code of Virginia. 71 72 C. The action of the city agent shall be noted on all copies of the site development 73 plan to be retained in the record, referenced and attached to any changes or 74 conditions determined. One such copy shall be returned to the developer, and 75 others retained as required for records or further action of the department or 76 other affected agencies of the city. 77 78 D.1. Building permits shall be issued in accordance with approved site development 79 plans. A copy of the approved site plan shall be retained in the records of the 80 building inspector's office and all building and occupancy permits shall conform 81 to the provisions of said site development plan. 82 83 D.2. Prior to issuance of a building permit, the developer shall furnish to the city a 84 certified check or bond with surety satisfactory to the city attorney. The check 85 or bond shall be in the amount of the estimated construction costs for all public 86 improvements to be accepted for dedication, maintenance and operation by 87 the city. Estimated construction costs shall be in accordance with the approved 88 site development plans; and the amount thereof shall be subject to the 2 89 approval of the department of public works and the department of public 90 utilities. 91 92 D.3. For development or redevelopment subject to the plan of development process 93 set forth in Section 107 of the Chesapeake Bay Preservation Area Ordinance 94 [Appendix F], there shall also be furnished a certified check, bond, irrevocable 95 letter of credit or other surety satisfactory to the city attorney in an amount 96 equal to the estimated cost, including materials, of installation of required 97 landscaping. Cost estimates shall be based upon the approved plan of 98 development and shall be subject to the approval of the director of 99 development services. The terms "development" and "redevelopment" shall be 100 as defined in section 103 of the Chesapeake Bay Preservation Area 101 Ordinance. 102 103 E.1.Approval of the site development plan shall be void unless a building permit 104 has been issued or use of the land has commenced within one hundred eighty 105 five (41 05) days years from the date of approval. Upon request, revalidation of 106 the site plan may be granted for an additional ninet one (Wl) days year if all 107 factors of the original site plan review are the same; provided written notice 108 requesting revalidation is received by the city agent prior to expiration of the 109 original eno hundred eighty five (1995) day year period. 110 111 E.2.A stop work order shall be put on the project if any improvements required on 112 the approved site development plan are not adhered to during the development 113 of the site. 114 115 F. When any improvement is to be accepted for dedication, maintenance or 116 operation by the department of public utilities, the developer may be required 117 to provide a certified check or bond (with surety acceptable to the city attorney) 118 in the amount of ten (10) percent of the total construction costs of the project to 119 cover the costs of any defects which may occur in such improvements within 120 two (2) years after the date of acceptance by the city. The director of public 121 utilities shall be responsible for determining when such security shall be 122 required. 123 124 Sec. 4. Information required on site development plan. 125 126 . . . . 127 128 B. Existing and required site features and improvements. 129 130 . . . . 131 132 7. Existing and proposed storm drainage easements and the direction of drainage 133 flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all 3 134 contributing areas in acres for storm drainage calculations as required by the 135 Erosion and Stormwater Management Ordinance [Appendix D]. Drainage area 136 maps and drainage calculations shall be submitted to the city as a component of 137 the site stormwater management plan in accordance with the Erosion and 138 Stormwater Management Ordinance [Appendix D]. 139 140 8. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, 141 types and grades shall be shown. Connections into existing or proposed central 142 water and sewer systems shall be shown. 143 144 9. Provision and schedule for the adequate control of erosion and sedimentation 145 shall be in accordance with aFte;e !11--GfGhapter-30 of the CGde ef the C+t e 146 Virginia—i eaGh (Gity Gede :estieRs 80-56- through-30 78) the Erosion and 147 Stormwater Management Ordinance [Appendix DI. 148 149 10. Landscape design and land use buffer plan in accordance with the design 150 standards of the department of planning, as approved by the council of the City of 151 Virginia Beach, shall be required. Where Chesapeake Bay Preservation Areas are 152 located on a site, landscaping design and buffer area plans shall be in accordance 153 with Section 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix 154 F]. 155 156 11. A definite distance tie to an existing street intersection shall be provided. 157 158 12. Location and identification of existing graves and objects or structures marking 159 a place of burial shall be shown. 160 161 13. For development or redevelopment having a construction footprint exceeding 162 two thousand five hundred (2,500) square feet in Chesapeake Bay Preservation 163 Areas, there shall, except if waived as unnecessary by the planning director, also 164 be provided all elements of the plan of development as required by Section 107 of 165 the Chesapeake Bay Preservation Area Ordinance [Appendix F] and the elements 166 for Chesapeake Bay land disturbing activities in accordance with the Erosion and 167 Stormwater Management Ordinance [Appendix D]. The terms "development," 168 "redevelopment" and "construction footprint" shall be as defined in section 103 of 169 the Chesapeake Bay Preservation Area Ordinance. The term "Chesapeake Bay 170 Preservation Act land disturbing activity" shall be as defined in Section 1-3.2 of the 171 Erosion and Stormwater Management Ordinance [Appendix D]. 172 173 . . . . 174 175 Sec. 7. Variances and appeals. 176 177 . . . . 178 4 179 7.4. Notwithstanding anything in this section to the contrary, variances and appeals 180 arising from provisions of the Chesapeake Bay Preservation Area Ordinance 181 [Appendix F] included or incorporated in this ordinance shall be in accordance 182 with Section 110 or Section 111 of the Chesapeake Bay Preservation Area 183 Ordinance, as the case may be. 184 185 7.5 Notwithstanding anything in this section to the contrary, variances and appeals 186 arising from provisions of the Erosion and Stormwater Management Ordinance 187 [Appendix D] included or incorporated in this ordinance shall be in accordance 188 with the applicable provisions of the Erosion and Stormwater Management 189 Ordinance [Appendix D]. 190 191 . . . . 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: C,0� ptdy tanning Department City Attorney's Office CA16920 R-1 June 20, 2025 5 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #05 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. Item five. Mr. Kemp: For the record, Kevin Kemp, Zoning Administrator, City of Virginia Beach. Item five is an ordinance to amend Appendix C of the City Code, which is to update references to the state code and the erosion and storm water management ordinance. Specifically, these updates would be related to the applicable review time and criteria for site plans. It would also update references and the definition of agricultural use. It would extend the time period following a site plan to secure a building permit or commence the use of land. This time period has changed from 180 days to five years. It would also allow for a one-year extension of that period of validity instead of 90 days as previously in the state code. Staff recommends approval to provide consistency with recently adopted state legislation. Mr. Coston: Thank you, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda,your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. And you may remain seating for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 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 L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF BUILDING CODE APPEALS • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT (COG) REVIEW AND ALLOCATION COMMITTEE • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • RESORT ADVISORY COMMISSION • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH VA250 COMMITTEE • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 12, 2025. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/08/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N 1. CITY COUNCIL'S BRIEFINGS A. 2026 OCEANFRONT EVENT Nancy Helman, ANNOUNCEMENT Director— Convention and Visitors Bureau Rick Bratman, President—ASA Entertainment B. 2025 RESIDENT SURVEY RESULTS Jason Morado, Director of Community Research—ETC Institute C. FOCUSED ACTION PLAN REFRESH PROCESS Thepiolus Aspiras, Director—Office of Performance and Accountability D. ITA MASTER PLAN UPDATE Amanda Jarratt, Deputy City Manager Kathy Warren, Director—Planning II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED I1-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL FORMAL SESSION June 24,2025 H. MAYOR'S PRESENTATION I. RESOLUTION—CLEFT AND CRANIOFACIAL AWARENESS MONTH-Jackson Doane J.1. Ordinance to DECLARE City-owned property at DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y 302 22"d Street to be in the EXCESS of the City's AUGUST 12,2025, needs and AUTHORIZE the City Manager to enter BY CONSENT into a Purchase Agreement for the sale of the property to 21" Street Properties, LLC re the development of the property into a multi-use development project (City Council Request Deferral to August 12,2025) J.2. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y temporary and permanent casements, either by CONSENT agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase 1, Sections 1B, IC.2,1D and lE Project J.3. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE an Amendment to the Lease Agreement CONSENT with Kempsville Borough Boys Baseball, Inc for City-owned property at 952 Reon Drive re add a 37+/-square foot storage area J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/08/2025 PAGE: 2 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 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 J.4. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease for City-owned property at the CONSENT Virginia Beach Fanners Market, Suite 516 re Princess Anne County Grill J.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into City-owned property known as CONSENT Bass Inlet and into a 5-foot City-owned drainage and utility easement,located at the side and rear of 320 Back Bay Crescent re maintain two (2) existing timber wharves, concrete boat ramp, gravel driveway, construct and maintain a proposed timber wharf addition, and two (2) timber pile aluminum boat lift DISTRICT 2 J.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $30,000 from the Virginia Department of Criminal CONSENT Justice Services to the FY 2025-26 Emergency Medical Services Operating Budget re support first responder wellness J.7. Ordinance to APPROPRIATE $3.2-Million from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the fund balance of the General Fund and CONSENT TRANSFER funds as Pay-Go funding to Capital Project#100463,"Virginia Aquarium Rehabilitation and Renewal 111" and AUTHORIZE the City Manager to EXECUTE a cost share agreement with the Virginia Aquarium & Marine Science Center Foundation,Inc. re exhibit and facility repairs at the Virginia Aquarium K.1. HEARTSILLE REYNOLDS / PORTIA APPROVED/ 9-2 Y Y Y N Y Y Y Y N Y Y MCGRAW / SHARON MCPHERSON / MODIFIED/ EDWARD THOMAS / RONALD HAYES/ CONDITIONED TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES,FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH for a Modification of Conditions re religious use at a portion of 2641 Princess Anne Road DISTRICT 2 K.2. KEELINGWOOD APARTMENTS, LLC / APPROVED/ 9-2 Y Y Y N Y Y Y Y N Y Y KEELINGWOOD APARTMENTS, LLC & MODIFIED/ SOUTHERN 23, LLC for a Modification of PROFFERED Proffers to a Conditional Change of Zoning re separate the proffers applicable to the original phase development, known as Southern Pine, and the proposed development,known as the Silo at Southern Pine for the parcel directly Northwest of 2641 Princess Anne Road&2520 Allie Nicole Circle DISTRICT 2 K.3. FRANKLIN GROUP COMPANIES, LLC / APPROVED/ 9-2 Y Y Y N Y Y Y Y N Y Y HEARTSILLE REYNOLDS / PORTIA PROFFERED MCGRAW / SHARON MCPHERSON / EDWARD THOMAS / RONALD HAYES / TRUSTEES FOR TURNING POINT CHURCH AND MINISTRIES,FORMERLY KNOWN AS AGAPAE INTERNATIONAL CHURCH & SOUTHERN23 LLC for a Conditional Change of Zoning from A-18 Apartment District and AG-1& AG-2 Agricultural Districts to Conditional A-18 Apartment District with a Workforce Housing Overlay District re develop and add 24 additional units for a parcel directly Northwest of 2641 Princess Anne Road and a portion of 2641 Princess L-i Anne Road DISTRICT 2 i CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/08/2025 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 AGENDAITEM H G E E O E C N S A O # SUBJECT MOTION VOTE I S R Y N N K D E N N KA. VIRGINIA BEACH BEACON BAPTIST APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y CHURCH for a Modification of Conditions to MODIFIED/ Conditional Use Permit re religious use at 2301 CONDITIONED Newstead Drive DISTRICT 5(Deferred from June 17,2025) K.5. CFT NV DEVELOPMENTS,LLC/VIRGINIA APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y BEACH BEACON BAPTIST CHURCH for a PROFFERED Conditional Change of Zoning from R-20 Residential District to Conditional B-2 Business District re subdivide a portion of the property into two(2)separate lots at 2301 Newstead Drive DISTRICT 5(Deferred from June 17,2025) K.6. STARLING BESS ENERGY,LLC for a Street APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Closure re approximately 29,601 square feet of an CONDITIONED, improved right-of-way known as Windy Willow BY CONSENT Court DISTRICT 2 K.7. STARLING BESS ENERGY,LLC/ARLEEN APPROVED/BY 11-0 Y Y Y Y Y Y Y Y Y Y Y COHEN / COHEN EXEMPT MARITAL CONSENT TRUST/WINDY WILLOWS FARMS LC for a Conditional Change of Zoning from R-7.5 Residential District to I-1 Light Industrial re property located at 1688 Windy Willow Court, parcel directly Southwest of 1688 Windy Willow Court,and parcel directly East of 1688 Windy Willow Court DISTRICT 2 K.8. STARLING BESS ENERGY,LLC/STARLING APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FARM, LLC / ARLEEN COHEN / COHEN CONDITIONED, EXEMPT MARITAL TRUST / WINDY BY CONSENT WILLOW FARMS LC for a Conditional Use Permit re operate a battery energy storage system DISTRICT 2 K.9. BH CYPRESS POINT MF DEVELOPMENT, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Change of Zoning from B-2 PROFFERED,BY Community Business District to Conditional B-4 CONSENT Mixed Use District re redevelop the existing Cypress Point Shopping Center into a mixed-use development to include multi-family dwellings as well as office and retail space at 928 Diamond Springs Road and 1025 Heatherwood Drive DISTRICT 9 K.10. AMANDA MATTHEWS/VILLAGE CHURCH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re childcare education CONDITIONED, center at 4013 Indian River Road DISTRICT 2 BY CONSENT K.11. HOPE, CARE & LOVE HOME APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y HEALTHCARE SERVICES,LLC/HOLLAND CONDITIONED, OFFICE PARK, LLC for a Conditional Use BY CONSENT P rmit re adult daycare center at 464 South Independence Boulevard, Suites 104 & 106 DISTRICT 3 K.12. GARTH GILLESPIE/GARTH CHRISTIAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y GILLESPIE for a Conditional Use Permit re short CONDITIONED, term rental at 521221'Street DISTRICT 6 BY CONSENT K.13. DIANE ONG for a Conditional Use Permit re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y short term rental at 927 Pacific Avenue,Unit B CONDITIONED, &905 Pacific Avenue,Unit A DISTRICT 5 BY CONSENT .I CITY OF VIRGINIA BEACH A It SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/08/2025 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 1 C 1 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 I D I E N N L. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 8:41 PM