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Home My WebLink About08-19-2025 FORMAL SESSION AGENDA City ofVirginia Beach U - rY "COMMUNITY FOR A LIFETIME c+ '6 City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 ciacksongreen@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 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda August 19, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. COMMUNITY POPULATION AND STATISTICS UPDATE 12:00 P.M. Michael Evans, Business Intelligence Director—Hampton Roads Alliance Monica Croskey, Deputy City Manager B. TIP FUND ANALYSIS 1:00 P.M. Kevin Chatellier, Director— Budget & Management Services C. RUDEE PARK UPDATE 1:45 P.M. Michael Kirschman, Director—Parks & Recreation Chad Morris, Planning Design & Development Administrator—Park & Recreation II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 P.M. III. CITY COUNCIL AGENDA REVIEW 2:45 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION - Chaplain Keith E. Burke Virginia Beach Police Department, 1" Precinct 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. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Deputy Fire Chief Richard Vance Cooper, III 2. RECOGNITION OF QUEEN NEPTUNE LI Buffy Barefoot and Court George and Christen Faatz, Celebration Chairs H. PUBLIC HEARINGS 1. TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Application to VDOT— Community Improvements, Pedestrian and Signal Enhancements 2. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 0.327 acres of real property at 333 Laskin Road I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND the City Code re change the polling location for Precinct 0093 to Good Samaritan Episcopal Church at 848 Baker Road (Requested by the Virginia Beach Electoral Board) 2. Ordinance to AMEND the terms of the Conveyance of Excess City property at 2656 Lishelle Place to the Virginia Beach Development Authority and AUTHORIZE execution of the Lease and Option Agreement with ViDarr, Inc. 3. Ordinance to APPROVE Modifications to the Summary of Terms to the acquisition of structured parking at 35th Street and AUTHORIZE the TRANSFER $13,350,000 from Capital Project (#100059) "Resort Parking District" re purchase of 200 parking spaces in the proposed garage 4. Ordinance to AMEND Appendix F of the City Code re Chesapeake Bay Preservation Area Ordinance K. PLANNING 1. FOOD BANK OF SOUTHEASTERN VIRGINIA & EASTERN SHORE, INC. for a Conditional Change of Zoning from AG-1&AG-2 Agriculture Districts to Conditional 1-1 Light Industrial District re develop a warehouse/distribution center for the Foodbank at 3325 Dam Neck Road, Parcel Directly Southwest of 3325 Dam Neck Road & 3357 Dam Neck Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. YPB, LLC for a Conditional Change of Zoning from OR Oceanfront Resort District, A-12, A-24 and A-36 Apartment Districts to Conditional A-24 Apartment District re demolishing existing multi- family buildings, vacate interior property lines, and construct a 20-unit multi-family condominium development at 309, 311, 313, 315, 317, and 319 341h Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION / CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re develop sixty (60) residential units and small office space at the parcel northwest of 3792 Princess Anne Road DISTRICT 10 RECOMMENDATION: APPROVAL 4. BRADLEY & NETTIE KAIN for a Conditional Use Permit re residential kennel at 405 Kings Point Court DISTRICT 3 RECOMMENDATION: STAFF —APPROVAL PLANNING COMMISSION — DENIAL 5. GEORGE LOIZOU / 232 JERSEY, LLC for a Conditional Use Permit re bulk storage yard at 5033 Admiral Wright Road DISTRICT 4 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 • COMMUNITY ORGANIZATION GRANT (COG) REVIEW & ALLOCATION COMMITTEE • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORICAL 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 • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • 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 M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT 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 19, 2025. x I. CITY COUNCIL'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. COMMUNITY POPULATION AND STATISTICS UPDATE 12:00 P.M. Michael Evans, Business Intelligence Director— Hampton Roads Alliance Monica Croskey, Deputy City Manager B. TIP FUND ANALYSIS 1:00 P.M. Kevin Chatellier, Director— Budget & Management Services C. RUDEE PARK UPDATE 1:45 P.M. Michael Kirschman, Director— Parks & Recreation Chad Morris, Planning Design & Development Administrator— Park & Recreation II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 P.M. III. CITY COUNCIL AGENDA REVIEW 2:45 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION - Chaplain Keith E. Burke Virginia Beach Police Department, 11t Precinct 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. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Deputy Fire Chief Richard Vance Cooper, III 2. RECOGNITION OF QUEEN NEPTUNE LI Buffy Barefoot and Court George and Christen Faatz, Celebration Chairs IA B�cy� so lric +B e Gr OUR X 0 RESOLUTION WHEREAS:Richard Vance Cooper,III,is a lifelong resident of Virginia Beach who began his distinguished career in public service as a firefighter with the City of Virginia Beach on July 16,1990;and WHEREAS:Vance rose steadily through the ranks of the Virginia Beach Fire Department,serving as Captain(2000-2003),Battalion Chief (2003-2007),and District Chief(2007-2016).On June 7,2016,he was promoted to Deputy Fire Chief,a position he held with distinction for the past nine years;and WHEREAS:Vance joined the Federal Emergency Management Association(FEMA)Urban Search and Rescue Team VA-TF2 in 1994 as one of its first HazMat specialists and its inaugural program manager.He grew the program and set a high standard for excellence and has served as the Sponsoring Agency Task Force Representative since 2021.Vance deployed globally with VA-TF2 and served as Program Manager from 2005 to 2007.His deployments included the 2002 Salt Lake City Winter Olympics,Hurricanes Frances and Ivan(2004),Hurricane Katrina(2005), 7-ropical Storm Omar(2008),and Hurricane Joaquin(2015),among others;and WHEREAS:Vance has served on the Board of the Virginia Fire Chiefs Association(VFCA)since 1018.On February 21,2024,he was sworn in as President of the VFCA for a one-year term.During his tenure,he significantly elevated the VFCA's role as the trusted voice for Virginia's fire and emergency medical services,leading legislative advocacy efforts,securing critical funding,and implementing key reforms in transparency, strategic planning,and governance.He also strengthened Emergency Medical Services(EMS)policy,workforce stability,and expanded leadership development and member engagement initiatives.He now serves as Past President;and WHEREAS: Vance achieved numerous educational milestones,earning a bachelor's degree in Fire Administration from Hampton University and a master's degree in public administration from Old Dominion University.He is a graduate of the National Fire Academy's Executive Fire Officer Program and holds Chief Fire Officer accreditation He furthered his leadership education at Harvard's Kennedy School of Government,the West Point School of Leadership,and the Hampton Roads Chamber LEAD program(Class of 2013);and WHEREAS:Vance recognized that the mission offire service is one part of a broader public safety ecosystem.He valued the collaboration of all professionals--regardless of uniform or title—working together to safeguard city staff,residents,and visitors;and WHEREAS:Known for his unwavering integrity and strong moral compass, Vance earned the deep respect of city employees,residents,and every member of the Virginia Beach Fire Department.Through his visionary leadership and profound institutional knowledge,he helped transform the VBFD into a model of excellence and resilience,inspiring others to reach their highest potential;and WHEREAS:As a key steward of the Fire Department's budget, Vance built strong interagency relationships and was instrumental in securing the inclusion of Burton Station Fire&EMS Station 22 in the City's Burton Station SGA Master Plan.His efforts helped navigate complex property issues and secured critical funding through the CIP process for tens of millions of dollars in much-needed apparatus and infrastructure;and WHEREAS: Vance provided steady leadership during countless Emergency Operations Center activations and emergency weather briefings, guiding teams with a calm,decisive,and empathetic approach;and WHEREAS: While Virginia Beach remains one of the safest and most desirable places to live, Vance never lost sight of the unpredictable dangers that public safety professionals face.He worked diligently to ensure personnel were well-trained,well-equipped,and ready to respond to the most complex and hazardous incidents;and WHEREAS:Vance was a tireless advocate for responder safety,advancing initiatives including securing a second set of turn-out gear for the health and wellbeing offirefighters,improved healthcare access,cancer screening programs,and safety measures to protect firefighters at all levels;and WHEREAS:As he transitions into a new chapter as a private citizen, Vance leaves behind a powerful legacy.He will be remembered not only by public safety leadership but also by frontline personnel—firefighters,officers,deputies,dispatchers,EMTs,forensic technicians,emergency managers,and others—who saw in him a leader who never forgot what it means to serve at the entry level;and NOW,THEREFORE,BE IT RESOLVED:ThW on this day,Tuesday,August 19,2025,the Virginia Beach City Council honors a public servant whose leadership,dedication,and integrity have profoundly impacted the City of Virginia Beach.As Richard Vance Cooper,III,begins his next chapter,he does so with the enduring respect and gratitude of this Council,our citizens,and the public safety community he so faithfully served for 35 years. Given by the Council of the City of Virginia Beach, Virginia the 19'r'day of August 2025 and present this Resolution duly signed by each Member o; the Virginia Beach City Council. tM • � r � Council Member Michael F.Berlucchi Cou mber Stacy ings &il Member BaJr4alllfley Yw CunciemberHutcheson 'Council Member 1"Cash"1 kson-Green Council Member Robert W. "Worth"Remick hL Council Member Dr.Amelia Ross-Hammond o tcil Member Jennifer V.Rouse Council Member Joashua F Schulman Vice Mayor Rosema r son Mayor`Bobbt Dyer H. PUBLIC HEARINGS 1. TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Application to VDOT—Community Improvements, Pedestrian and Signal Enhancements 2. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 0.327 acres of real property at 333 Laskin Road �t NOTICE OF PUBLIC HEARING City Application for FY 2027 and FY 2028 VDOT Transportation Alternatives Set-Aside Program On Tuesday,August 19,2025,at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing related to the City's application for the Virginia Department of Transportation's Transportation Alternatives Set-Aside Program for community improvements,pedestrian, and signal enhancements throughout the City.This program is for funding in Fiscal Years 2027 and 2028. The City's application is for the following project: 100644 Virginia Beach Trail Phase I (Council District 1 and 4).A copy of the application is on file with Public Works Engineering located at 484 Viking Drive, Virginia Beach, Virginia 23452. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 3854303. Hearing impaired,TOO-711. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on August 19, 2025. 2. Download WebEx and view the meeting at: htti)s://vbPov.webex.com/weblin k/re¢ister/r4955004c Sb3469a fa8380268cO960f9 . All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 12,2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Application for the Virginia Department of Transportation's FY 2027-FY 2028 Transportation Alternatives Set-Aside Program PUBLIC HEARING DATE: August 19, 2025 MEETING DATE: September 2, 2025 ■ Background: The Transportation Alternatives Set-Aside Program (TAP) is part of the Federal-aid Highway program. This program is intended to help localities fund community-based projects that expand non-motorized travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. The program focuses on providing pedestrian and bicycle facilities and community improvements. The TAP Program accepts applications on a biennial cycle. The next opportunity to apply for TAP funds is September 2025. The September 2025 applications and subsequent allocations are for fiscal years FY 2027 and FY 2028. The project that has been identified for the application is Capital Project#100644 "Virginia Beach Trail Phase I." The Virginia Beach Trail is a planned multi-phase project to construct a 14' wide shared use path along the former Norfolk Southern Railroad corridor extending from Newtown Road to Norfolk Avenue. The City already owns the 12-mile long corridor. This application for $2.5 million would cover a portion of the cost of Phase I of the planned trail. Phase I spans from Newtown Road to Constitution Drive for approximately 3.2 miles. ■ Considerations: The TAP Program is not a grant program, and funds are only available on a reimbursement basis. The City would first incur the expenses and then request reimbursement. The TAP Program also requires that the locality must provide a minimum 20% match; however, a higher than minimum commitment of other funds is ideal and garners additional points during the evaluation process. The local match will be provided using existing funding appropriated to Project #100644. VB Trail is currently funded through existing grants and the City's Major Projects fund. Projects submitted for TAP funding must be included in the applicant's Capital Improvement Plan (CIP), and each project must have a public hearing and resolution of support from the governing body before an application can be submitted. ■ Public Information: A public hearing will be held on August 19, 2025. Notice for such hearing will be placed in the Virginian-Pilot. ■ Attachments: Resolution, CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager:Ph9 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATION FOR THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION'S FY 2027 - FY 2028 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM 6 7 WHEREAS, in accordance with the Virginia Commonwealth Transportation 8 Board construction allocation procedures, it is necessary that a resolution be received 9 from the sponsoring jurisdiction requesting that the Virginia Department of 10 Transportation (VDOT) establish Transportation Alternatives Set-Aside Program (TAP) 11 projects to be administered by the City of Virginia Beach; 12 13 WHEREAS, the City Council held a public hearing on August 19, 2025 regarding 14 the proposed application; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA THAT: 18 19 1. The City of Virginia Beach hereby requests that the Commonwealth 20 Transportation Board establish a project for the Virginia Beach Trail Phase I. 21 22 2. The City of Virginia Beach hereby commits to provide a minimum 20 percent 23 matching contribution for these projects and, subject to appropriation, any additional 24 funds necessary to complete any applicable project contained within this resolution. 25 26 3. The City of Virginia Beach hereby agrees to enter into a project administration 27 agreement with the Virginia Department of Transportation and provide the necessary 28 oversight to ensure the project is developed in accordance with all state and federal 29 requirements for design, right of way acquisition, and construction of a federally funded 30 transportation project. 31 32 4. The City of Virginia Beach, subject to appropriation by the City Council, will be 33 responsible for maintenance and operating costs of any improvements constructed with 34 TAP funds unless other arrangements have been made with VDOT. 35 36 5. If, subject to the appropriation by City Council, the City of Virginia Beach 37 subsequently elects to cancel this project, the City hereby agrees to reimburse the 38 Virginia Department of Transportation for the total amount of costs expended by VDOT 39 through the date VDOT is notified of such cancellation. The City also agrees to repay 40 any funds previously reimbursed that are later deemed ineligible by the Federal 41 Highway Administration. 42 43 6. That the City Manager is hereby authorized to execute on behalf of the City of 44 Virginia Beach all necessary project agreements for project development and 45 construction for all FY 2026-27 and FY 2027-28 TAP related projects. 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: t Budget and Wanagement ervices City A orney's Office CA16939 R-1 August 1, 2025 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100644 Title:Virginia Beach Trail Status:Approved Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion D District:4 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 35,979,708 19,550,000 13,300,538 3,129,170 0 0 0 0 0 Description The proposed 12 mile trail is a 14'wide asphalt path with a 2'wide crush stone shoulder on each side and includes three pedestrian bridges(one over Independence Blvd;two over waterways)travelling within the already acquired former Norfolk Southern Railroad right of way.Additionally,the Virginia Beach Trail travels along two Federally Designated Opportunity Zones and city-designated redevelopment area,and three socio-economically challenged census tracts: thus,providing an equitable solution to the need for transportation alternatives in the City of Virginia Beach.This phase of the project funds the design and construction of a phased section of the proposed VB Trail from Newtown Road to Constitution Drive,or a portion thereof.Construction funding could be leveraged as matching grant dollars when the opportunity arises for this phase. Purpose T e Virginia Beac rai aigns wit two o T City Counci s top priorities: ransportation an, conomic eveFopment. a irginia eac Trai is t e active transportation alternative to connect our neighborhoods,across the City,region and beyond by means other than the motor vehicle for a shared-use network that supports tourism,locals,pedestrians,and bicyclists.The City's 2016 Comprehensive Plan and its Sustainability Plan,Connections Chapter,have a primary goal to create an inter-connected,multi-modal transportation system providing efficient,safe,and affordable movement city-wide and linking to regional systems.The Virginia Beach Trail has been a priority project in the Citys adopted Bikeways and Trails Plans since 1981 and most recently listed in the 2021 Active Transportation Plan.This is part of a broader regional and state trail network. History and Current Status The project first appeared in the FY15 CIP as Transit Corridor Development.In FY19 CIP,the title was changed to Rail-to-Trail Shared Use Path Development to match the new scope of the project. This project received$750,000 in federal funds in 2023 and another$14.8m from the Safe Streets For All grant program in FY 2023-24,as well as$902,000 for the sale of easements to Dominion Power.In FY2026,$1 million was redirected from project 100119"City Bikeways and Trails"for this project.In FY 2025-26,$12.3 million is transferred from the Major Projects Fund to this project. Operating Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 10/26-03/29 2,565,429 Design 08/24-02/26 1,647,000 ? Site Acquisition 03/26 09/26 50,000 Utility Adjustment 03/26-09/26 1,920,924 JEANNE ST Construction 10/26-03/29 23,799,737 7BA1 3 j i Contingencies 08/24-03/29 5,996,618 IGOi 4°,4j4 2 ¢ O �4 C„ ...AD ST at ° 8 Total Budgetary Cost Estimate: 35,979,708 Renzi ssa we DMeans of Financing Academy a • z � ,- ° ° CLEYELAND ST i Funding Subclass Amount ` State Contribution 902,000 PAYGO Major Projects Fund 15,429,708 ,898,000 Local Funding Federal Contr 18ibution 750,000 y- O Total Funding: 35,979,708 " 44 Ticade des" �.. N g �I z. r ;t o i o " `�♦� FY 2025-26 TO FY 2030-31 223 CAPITAL IMPROVEMENT PROGRAM N PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday,August 19,2025 at 6,00 p.m.,in the Council Chamber of City Hall - Bldg. 1 at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and conveyed to VB Laskin Road LLC, or an affiliated entity: Approx.14,246 sq.ft(0.327 acre)of real property located at 333 Laskin Road, Virginia Beach, Virginia (GPIN: 2418-91- 8994),for the purpose of constructing a mixed-use development. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Economic Development,4525 Main Street, Suite 700,Virginia Beach,VA 23462,(757) 385-6464,ecdev@vbdev.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on August 19,2025. 2. Download WebEx and viewthe meeting at: httus://YbPov.webex.Gom/weblinK/ree ister/r49550d b4c 1 b3469afa838026 8c0960f9 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 10,2025 fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located at 333 Laskin Road to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into a Purchase Agreement for the Sale of the Property to VB Laskin Road LLC PUBLIC HEARING: August 19, 2025 MEETING DATE: September 2, 2025 ■ Background: The City of Virginia Beach (the "City") owns property located at 333 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 acres) of land (the "Property"). The City has leased the Property to PJ Cheese, Inc. since 2011, which operates a Papa John's Pizza restaurant. The restaurant is in the process of relocating and expects to vacate the Property by Fall 2025. In December 2024, the City issued a Request for Proposals (RFP #ED-24-02) to identify a private party to redevelop the Property. After a review committee evaluated the two responsive proposals, staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an affiliated entity (the "Developer") acquire the Property for redevelopment. The Developer, who owns multiple adjacent parcels, proposed a redevelopment plan consisting of multi-family residential, commercial and a structured parking facility, with an estimated private capital investment of$64 million (the "Project"). City staff and representatives of the Developer have worked to develop a non-binding term sheet (the "Term Sheet") for development of the Project. The Term Sheet sets forth the conditions, obligations and responsibilities of the parties and is attached to the Ordinance as Exhibit A. ■ Considerations: The City would have the right to approve the scope of the Project and would have the right to reacquire the Property should the Developer fail to construct the Project. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on August 10, 2025, and will be held on August 19, 2025. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:�Ij /� 1 AN ORDINANCE 1) DECLARING CITY PROPERTY LOCATED 2 AT 333 LASKIN ROAD TO BE IN EXCESS OF THE CITY'S 3 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 4 ENTER INTO A PURCHASE AGREEMENT FOR THE SALE 5 OF THE PROPERTY TO VB LASKIN ROAD LLC 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 333 8 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 9 acres) of land (the "Property"); 10 11 WHEREAS, the City acquired the Property subject to a lease to PJ Cheese, Inc., 12 which operates a Papa John's Pizza restaurant; 13 14 WHEREAS, the tenant is in the process of relocating and expects to vacate the 15 Property by Fall 2025; 16 17 WHEREAS, in December 2024, the City issued a Request for Proposals (RFP 18 #ED-24-02) to identify a private party to redevelop the Property; 19 20 WHEREAS, after a review committee evaluated the two responsive proposals, 21 staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an 22 affiliated entity (the "Developer") acquire the Property for redevelopment; 23 24 WHEREAS, the Developer, who owns multiple adjacent parcels, proposed a 25 redevelopment plan consisting of multi-family residential, commercial and a structured 26 parking facility, with an estimated private capital investment of $64 million (the 27 "Project"); 28 29 WHEREAS, City staff and representatives of the Developer have negotiated a 3 o non-binding term sheet (the "Term Sheet") for development of the Project, attached 31 hereto as Exhibit A; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of the 34 City's needs and the sale of the Property to the Developer is in the best interests of the 3 5 City. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA, 39 40 1. That the Property, consisting of approximately 14,246 sq. ft. (0.327 acres), 41 more particularly described on Exhibit B attached hereto and incorporated herein, is 42 hereby declared to be in excess of the needs of the City of Virginia Beach. 43 44 2. That the City Manager, or his designee, is hereby authorized to execute 45 any and all documents necessary for the sale of the Property as contemplated herein, 46 so long as the documents are substantially in accordance with the terms set forth on the 47 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 48 other terms, conditions or modifications as may be acceptable to the City Manager and 49 in a form deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of . 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Economi Development CA16735 Flvbgov.comWfs I lapplicationskityla%vlcycom321\vpdocs%d030%p04810I 063776.docx R-1 8/5/2025 2 EXHIBIT A TERM SHEET The City of Virginia Beach (the "City") is the owner of the approximately 0.327-acre parcel located at 333 Laskin Road (the "Property"). On December 1, 2024, the City issued its Requests for Proposals (RFP #ED-24-02) (the "RFP") seeking the purchase of the Property by a qualified respondent for the purpose of redevelopment of the Property. After a review of all responsive submittals to the RFP, the City determined that VB Laskin Road LLC (the "Developer") proposed the most beneficial reuse of the Property. Accordingly, representatives of the Developer and the City have discussed terms whereby the Developer would acquire and develop the Property. This Term Sheet is intended to reflect the shared understanding of the parties and their respective commitments. This Term Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval by the Developer and the City Council. Property: 0.327+/- acres of real property located at 333 Laskin Road, Virginia Beach, Virginia (GPIN: 2418-91-8994), more particularly described on Schedule 1, attached hereto. Owner/ Seller: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia. Purchaser/ Developer: VB Laskin Road LLC, a Virginia limited liability company, or affiliated entity. Price: $1.5 M(inclusive of City's easement interest in the alley at 30 '/z Street), subject to downward adjustment up to $300,000 for existing utilities as set forth in Special Terms, below. Due Diligence: Purchaser to have 180 days from execution of purchase agreement to access Property for purpose of conducting studies and other due diligence. Closing: Forty-five(45)days from Site Plan approval including all permits for development of the Parcel. City to retain right to approve scope of Project prior to closing. Either party may terminate if Closing has not occurred within twenty-four months of the date of the Purchase Agreement. Project: The Developer to assemble the Property, along with 1.28+/- acres of adjacent parcels owned or controlled by the Developer (or its affiliates), and 0.16+/- acres of public right-of-way (if vacated after public process) for the purpose of constructing a multi-level, multi-use structure currently planned to consist of(i) 5- 6 levels of multi-family with 215+/-units, and(ii) 20,000+/- square feet of ground floor retail/restaurant/office, and (iii) a 5-level parking deck with 330+/- spaces. The Developer's anticipated investment is $64M. 1 Construction Period: 20-24 months from construction commencement. Special Terms: The Developer to apply for closure(or partial closure)of alley known as 301/2 Street if right-of-way to be included in Project. The Developer responsible for all utility relocation and dedication of any public or private utility easements necessary for the Project. Recapture: The City to have the right to reacquire the Property for price paid at Closing if for reasons other than force majeure construction of the Project has not commenced within three(3)years of Closing. Price Adjustment: The Purchase Price may be adjusted downward up to $300,000 should during due diligence the Developer determine that a portion of the Property is undevelopable due to the presence of utilities or other existing impediments. This adjustment shall be on a per square foot basis based on the size of the impediment. This adjustment shall be $105.30 per square foot based on the size of the impediment. Definitive Documents: The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward,there will be negotiated and prepared a more detailed development agreement that will contain additional terms,conditions and obligations to the terms stated herein. 2 SCHEDULE 1 (Legal Description) ALL THAT certain lot, tract or parcel of land together with the improvements thereon belonging,lying, situated and being in the City of Virginia Beach,Virginia and designated and described as: "SIX GENERAL CORPORATION D.B. 3188, PG. 1176 M.B. 5, PG. 151 GPIN 2418-91-8994," and further designated and described as "AREA TO BE ACQUIRED 14,000 SQ. FT. OR 0.321 ACRES" as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM SIX GENERAL CORPORATION BY THE CITY OF VIRGINIA BEACH FOR LASKIN ROAD GATEWAY PROJECT PHASE 1-A (CIP 2-143) VIRGINIA BEACH,VIRGINIA,"Scale: 1"=25',Dated March 29,2009 and revised through April 21, 2011, prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110426000415010. [Subject to the covenants,conditions,restrictions, and easements of record] 3 LOCATION MAP .s, = 3104 O D b o p D D 300 r+ n SKIN D 112 y D lA 3102-2 T 316 C < 3102 6 m m 374 320 3JF 717 213 ' 1.A a0 225 22t N 5K1 237 233 348 241 406 404 402 400 35 352 5 408 5K1"RO uis lA V 101 307 319317315 313 10 37; 373:577 3012 03" 327 333 Laskin Road 401 (GPI N: 2418-91-8994) 409 3006 ' 303 D 305 p 307 D Y v 311" 112 ST ^ ^ r 317 L 319 401 301N m 405 ---""..`. 30TN ST - - 29/4 F 2957 336 332 328 324 320 �, 310 30T'A 51 1.405 2951-204 2953 Y 2 2951-4079 51 - 2909 2951-403 2945 2921 _ 2929 2926 - 207.11 CITY OF Disclosure VIRGINIA V6 BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: os listed on application VB Laskin Road, LLC Is Applicant also the Owner of the subject property? Yes© Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No0 If yes, name Representative: Andrew Shiff Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Andrew Shiff, Daniel Shiff, Ashley Wiltshire Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: VB Laskin Road, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(�) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if 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 e ® Martin Murden, SL Nusbaum Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 O Ashley Gates,Toole, Katz, Roemersma, LLP Architect/Designer/Landscape O © Poole& Poole Architects Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent (F) 1 O Timmons Group Legal Services (F) 1 0 Robert P. Beaman III,Troutman, Pepper Locke APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. 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. 90f8b81 c-96c9-4072-Dig-Ily s,,v-d by Andrew Shiff 804a-716e3f4d60d9 Date 6.19 11 53 15-04-00'4d60d9 06/19/2025 Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 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? YesONo© If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No® If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 0 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 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 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 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND the City Code re change the polling location for Precinct 0093 to Good Samaritan Episcopal Church at 848 Baker Road (Requested by the Virginia Beach Electoral Board) 2. Ordinance to AMEND the terms of the Conveyance of Excess City property at 2656 Lishelle Place to the Virginia Beach Development Authority and AUTHORIZE execution of the Lease and Option Agreement with ViDarr, Inc. 3. Ordinance to APPROVE Modifications to the Summary of Terms to the acquisition of structured parking at 35th Street and AUTHORIZE the TRANSFER $13,350,000 from Capital Project (#100059) "Resort Parking District" re purchase of 200 parking spaces in the proposed garage 4. Ordinance to AMEND Appendix F of the City Code re Chesapeake Bay Preservation Area Ordinance E � .f 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 ERG& Baptist ChUrnh Family Life GeRter 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 Netw}thstan�Rg the preGedin� fnr the I6 ino 2024 primary and November ' 024 r'�""crnrr �vr-z-rTc �=v crrtvcr-�v�� 243 eleGtien, the Central Absentee Veter PFeG*RGt will be !eGated at Building 23 within the 244 245 14 IGGatiGll, 246 247 date of e1eGtinn 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 12025. APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f V oter Registrar i y Att rney's Office CA16933 R-1 July 29, 2025 6 © Enoch Baptist Church yyy Enoch Christian Academy Good Samaritans Episcopal Church Q v unteers of America s tge United ist Church New Bethel Cathedral Worship Terr4 wanly closed 0 7-Eleven Convenience sewe AFS O 55 min Within precinct boundaries Bus Stop .1 miles Good Samaritan Episcopal Church-new location Enoch Baptist Church Family Life Center(Enoch Christian Academy)-previous location U�ya CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Amending the Terms of the Conveyance of Excess City Property Located at 2656 Lishelle Place to the City of Virginia Beach Development Authority and 2) Authorizing Execution of the Lease and Option Agreement with ViDarr, Inc. MEETING DATE: August 19, 2025 ■ Background: The City of Virginia Beach (the "City") owned property located at 2656 Lishelle Place (GPIN: 1496-54-4149) (the "Property). On January 7, 2025, by Ordinance ORD-3791 P (the "Ordinance"), City Council declared the Property in excess of the City's needs and authorized the transfer of the Property to the City of Virginia Beach Development Authority (the "Authority") to facilitate the marketing and negotiation aspects of the potential sale and redevelopment of the Property. The Property was conveyed by the City to the Authority, and on February 11, 2025, the Authority adopted a Resolution (the "Resolution") authorizing, among other things, the sale of the Property to ViDarr, Inc., a New Hampshire corporation ("ViDarr"). ViDarr intends to expand its business into the Commonwealth of Virginia at the Property with a use that is consistent with the uses allowed in APZ-1. The Authority and the ViDarr entered into a purchase agreement dated May 15, 2025 (the "Purchase Agreement"). The Authority Resolution and the Purchase Agreement contained certain terms and conditions, including a deadline for ViDarr to close and acquire the Property of no later than September 17, 2025. ViDarr has requested an extension of time to close and acquire the Property until pending personal civil legal matters are resolved. In the interim, ViDarr has requested that it be allowed to lease the Property for up to two years, with lease payments being credited to the sale price, on the terms and conditions set forth in the Summary of Terms, attached to the Ordinance as Exhibit A; and On August 12, 2025, the Authority voted to approve, contingent on City Council approval, ViDarr's request and enter into a lease and option agreement. ■ Considerations: Except for extending the deadline to close on the Property and authorizing the lease and option in accordance with the terms and conditions set forth in the Summary of Terms, attached to the Ordinance as Exhibit A, all other terms and conditions of the Resolution, the Ordinance and the Purchase Agreement remain unchanged and in full force and effect. The Ordinance directed the Authority to return title of the Property to the City if the sale was not completed within six months of the transfer from the City to the Authority. This action would suspend that direction by two years. ■ Public Information: The Authority voted to approve the amended terms of the conveyance to ViDarr at its public meeting on August 12, 2025. Public information will also be provided through the normal City Council agenda process. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement (ViDarr) Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: Ap 1 AN ORDINANCE 1) AMENDING THE TERMS OF 2 THE SALE OF PROPERTY LOCATED AT 2656 3 LISHELLE PLACE TO THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY AND 2) 5 AUTHORIZING EXECUTION OF THE LEASE AND 6 OPTION AGREEMENT WITH VIDARR, INC. 7 8 WHEREAS, the City of Virginia Beach (the "City") owned property located at 2656 9 Lishelle Place (GPIN: 1496-54-4149) (the "Property); 10 11 WHEREAS, on January 7, 2025, by Ordinance ORD-3791 P (the "Ordinance"), City 12 Council declared the Property in excess of the City's needs and authorized the 13 conveyance of the Property to the City of Virginia Beach Development Authority 14 ("Authority") to facilitate the marketing and negotiation aspects of the potential sale and 15 redevelopment of the Property; 16 17 WHEREAS, the Property was conveyed by the City to the Authority, and on 18 February 11, 2025, the Authority adopted a Resolution (the "Resolution") authorizing, 19 among other things, the sale of the Property to ViDarr, Inc., a New Hampshire corporation 20 ("ViDarr"); 21 22 WHEREAS, ViDarr intends to expand its business into the Commonwealth of 23 Virginia at the Property with a use that is consistent with the uses allowed in APZ-1 ; 24 25 WHEREAS, the Authority and the ViDarr entered into a Purchase Agreement 26 dated May 15, 2025 (the "Purchase Agreement"); 27 28 WHEREAS, the Ordinance, the Resolution and the Purchase Agreement 29 contained certain terms and conditions, including a deadline for ViDarr to close and 30 acquire the Property of no later than September 17, 2025; 31 32 WHEREAS, ViDarr has requested an extension of time to close and acquire the 33 Property until pending personal civil legal matters are resolved; 34 35 WHEREAS, ViDarr has further requested that in the interim, it be allowed to lease 36 the Property for up to two years, with lease payments being credited to the purchase 37 price, on the terms and conditions set forth in the Summary of Terms, attached hereto as 38 Exhibit A; 39 40 WHEREAS, on August 12, 2025, the Authority voted to approve ViDarr's request 41 to enter into a lease and option agreement, subject to City Council's approval of same; 42 and 43 44 WHEREAS, City Council is of the opinion that amending the terms of the Authority 45 Resolution and authorizing a Lease and Option Agreement would produce the results 46 anticipated by the Authority Resolution and would be consistent with the goals of the 47 Authority and the City. i i i 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA, 50 51 1. That the City Manager, or his designee, is hereby approves the amended 52 terms of the conveyance of the Property to the Authority, and the subsequent lease and 53 sale to ViDarr, so long as the documents are in substantial conformity with the 54 Summary of Terms, attached hereto as Exhibit A, and made a part hereof, and such 55 terms, conditions and modifications as may be acceptable to the City Manager and in a 56 form deemed satisfactory by the City Attorney. 57 58 2. Except for the amended terms and conditions contemplated herein, all 59 other terms and conditions of the Ordinance adopted January 7, 2025 remain 60 unchanged and in full force and effect. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 day of 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Economic Development CA16741 \\vbgov.con)\dfsl\applications\cilylaw\cycom32\wpdocs\d004\p050\01064613 docx R-1 8/5/2025 2 EXHIBIT A (Summary of Terms for Lease and Option) LESSOR: City of Virginia Beach Development Authority(the"Authority") LESSEE: ViDarr,Inc.,a New Hampshire corporation,or related entity. PREMISES: 2656 Lishelle Place,Virginia Beach,VA 23452(GPIN: 1496-54-4149) TERM: Two(2)Years RENT: Twelve Thousand and 00/100 Dollars ($12,000.00)per month USE: The Lessee shall use the Premises for office,warehouse,distribution and light manufacturing, and for no other purposes without Lessor's prior written consent. OPTION: Grant of Option. Authority grants to Lessee the sole and exclusive option to acquire the Premises, together with any and all improvements thereon, all rights,ways and appurtenances thereunto belonging,Lessee shall have two(2) years from the Commencement Date to exercise its option to acquire the Premises(the"Option Period"). Option Consideration. If Lessee exercises the Option and acquires the Premises, all Rent paid pursuant to the Lease and Option shall be credited against the Purchase Price. If Lessee does not timely exercise the Option or otherwise fails to acquire the Premises as set forth in the Purchase Agreement, the Authority will retain all Rent paid. Exercise of Option. The exercise of the Option by the Lessee shall occur by written notice to the Authority,pursuant to the terms set forth in the Lease and Option. If the Lessee does not exercise the Option by the end of the Option Period, the Option shall be deemed null, void, and of no effect, unless the parties have otherwise agreed in writing to extend the Option Period. INSURANCE: Lessee shall maintain general liability insurance with minimum limits of $1,000,000,and name the Lessor as additional insured. UTILITIES: Lessee shall pay all charges made against the Premises for all utilities serving the Premises during the Term. TAXES: Lessee shall pay all real property taxes(if any),assessments, impositions, and any other claims or charges accruing on and after the Commencement Date, including personal property taxes and leasehold taxes pursuant to Virginia Code Section 58.1-3203,or any successor statute. SPECIAL TERMS: Authority to return Premises to the City if closing on Option does not occur within two years of date of Lease. LOCATION MAP P777 • �ven Crossing /. 2i, r w 7M4M Eas � �� ° m714 1N r 5Cat On 7M�Yl / B Contract 'r 1 J r l 789 l 12' ;'w \ y4 fIN�lOi :} 4 wr �f 4 77 !27 ,•, <= rya � � � Ayer k„ TGi Friday's 4cvc A t f ti 833 / !N f' � '�. � , Bingo; ` �,• � i, ` `� ` �"'^, �- 14 l Boa '- A c Paver+'` plq f i ft04 f14T10�` ■ 2ge0.2� - =��6PB 2u 2656 Lishelle Place �� ? 1 t -� — -- (GPIN: 1496-54-4149) 2ees CHERIE DR 2922 1 T N 2�e ? aago 2925 2927 2aav 2s�a �.. >gg 207 2f6a 2l1� _ wit 20a7 i 1 I i !I!M 2lOS 2009 v 2W, i� 2" 2193 ®City of Virginia Beach { Map data C)OpenStre CITY OF Disclosure VB� VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application ViDARR INC. Is Applicant also the Owner of the subject property? Yeso No(F) If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No(F) If yes, name Representative: Cliff Byrd, , President 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 I or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) ViDARR INC. Based is New Hampshire Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: ViDARR Inc. 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, Q O Chris Walkey, Bank of New Hampshire- Laconia NH cross-collateralization, etc.) Real Estate Broker/Agent/Realtor o Chris Zarpas,Senior Vice President-S.L.Nusbaum Reality Co.Norflk VA Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O Q Architect/Land Planner Construction Contractor 0 0 Josh Miller,Adventum Group-Chesapeake Va Engineer/Surveyor/Agent 0 E) Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Cliff B rd Digitally signed by Cliff Byrd Cliff Byrd Y Date:2024.11.1811:08:17 -05,00, 11/18/2024 Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 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? 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© No0 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing (mortgage, deeds of trust, 0 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 1 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 � h CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance 1) Approving Modifications to the Surnmary of Terms Relating to the Acquisition of Structured Parking at 35rh Street and 2) Authorizing the Transfer of Funding from Capital Project (#100059) "Resort Parking District' in the Amount of$13,350,000 MEETING DATE: August 19, 2025 ■ Background: Providing public parking at the Oceanfront has been a long-term goal of the City of Virginia Beach (the "City"). Currently, there are no publicly owned parking facilities north of 31s' Street. City Council established Capital Improvement Program (PG100059) "Resort Parking District' to provide funding for public parking Opportunities at the Oceanfront. Suburban Capital, Inc. (the "Developer") or an affiliated entity has developed a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel') on the site of the former Belvedere Hotel. Parking for the Hotel will be at 205 35'h Street in a new parking structure (the "Garage"). The Developer and the City negotiated the terms by which the Developer would expand the Garage to provide public parking in addition to the spaces to be used by the Hotel. The Developer needs approximately 148 spaces for the Hotel but has agreed to increase the size of the Garage to a total of 348+/- spaces. This would provide 148 private spaces for the Hotel and 200 public parking spaces. On December 14, 2021, by Ordinance ORD-3682K (the "2021 Ordinance"), City Council authorized the provision of $7,000,000 from Capital Project #100059 to the City of Virginia Beach Development Authority (the "VBDA") for the purchase of 200 parking spaces in the proposed Garage, so long as the terms and conditions of the acquisition were in accordance with the surnmary of terms ("Original Summary of Terms") attached to the 2021 Ordinance. Since the approval of the 2021 Ordinance, the Developer and City have continued to refine plans for the Project to reflect changing market and financial conditions, including the need to underground electrical utilities around a portion of the site. As such, City staff and the Developer have drafted a revised Summary of Terms reflecting the final terms for the project (the "Amended Summary of Terms"). Under the Amended Summary of Terms, the Developer will contribute the land as its share of Garage costs, while retaining responsibility for design and construction. A blacklined comparison showing all the changes from the Original Summary of Terms to the Amended Summary of Terms is attached to the proposed Ordinance as Exhibit A, along with a clean copy of the Amended Summary of Terms attached as Exhibit B. ■ Considerations: To facilitate the development and acquisition of the Garage, the VBDA would contract with the Developer on the terms approved by City Council. No material changes to the structure of the transaction would occur without City Council's approval. This project would provide for additional public parking north of 31 S' Street at the Oceanfront on a parcel that would otherwise provide only private parking for the Hotel. As shown on the Amended Summary of Terms, the VBDA, through the City's Parking Management staff, would operate the entire Garage with the parties sharing the operations and maintenance costs. ■ Information: Public information for this item will be handled through the normal Council agenda process. The carry costs and Dominion Power line relocation were discussed as part of the June 10, 2025 City Council Informal Session presentation. ■ Recommendations: Approve the Ordinance as presented and recommend the VBDA adopt a similar resolution, modify the terms as desired by City Council, or deny approval of the Ordinance. ■ Attachments: Ordinance w/ Exhibit A (comparison version) and Exhibit B (clean version) attached, Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager. 1 ORDINANCE 1) APPROVING MODIFICATIONS TO THE 2 SUMMARY OF TERMS RELATING TO THE ACQUISITION 3 OF STRUCTURED PARKING AT 35T" STREET AND 2) 4 AUTHORIZING THE TRANSFER OF FUNDING FROM 5 CAPITAL PROJECT (#100059) "RESORT PARKING 6 DISTRICT" IN THE AMOUNT OF $13,350,000 7 8 WHEREAS, providing public parking at the Oceanfront has been a long-term goal 9 of the City of Virginia Beach (the "City"); 10 11 WHEREAS, City Council established Capital Project (PG100059) "Resort 12 Parking District" to provide funding for public parking opportunities at the Oceanfront; 13 14 WHEREAS, Suburban Capital, Inc. (the "Developer") or an affiliated entity, is 15 developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the 16 former Belvedere Hotel; 17 18 WHEREAS, to satisfy the parking requirement for the Hotel, the Developer 19 intended to construct a parking facility (the "Garage") containing approximately one 20 hundred forty-eight (148) private parking spaces on the existing surface parking lot at 21 205 35th Street; 22 23 WHEREAS, the Developer and the City negotiated the terms by which the 24 Developer would expand the Garage to provide public parking in addition to the spaces 25 to be used by the Hotel; 26 27 WHEREAS, the Developer has agreed to increase the size of the Garage to a 28 total of 348+/- spaces, which would provide 148 private spaces for the Hotel and 200 29 public parking spaces; 30 31 WHEREAS, on December 14, 2021, by Ordinance ORD-3682K (the "2021 32 Ordinance"), City Council authorized the provision of $7,000,000 from Capital Project 33 #100059 to the City of Virginia Beach Development Authority (the "Authority") for the 34 purchase of 200 parking spaced in the proposed Garage, so long as the terms and 35 conditions of the acquisition were in accordance with the summary of terms ("Original 36 Summary of Terms") attached to the 2021 Ordinance; 37 38 WHEREAS, Since the approval of the 2021 Ordinance, the Developer and City 39 have continued to refine plans for the Project to reflect changing market and financial 40 conditions; 41 42 WHEREAS, staff and the Developer have drafted a revised Summary of Terms 43 reflecting the final terms for the Project (the "Amended Summary of Terms"); 44 45 WHEREAS, under the Amended Summary of Terms, the Developer will contribute 46 the land as its share of Garage costs, while retaining responsibility for design and 47 construction; 48 WHEREAS, a blacklined comparison showing all the changes from the Original 49 Summary of Terms to the Amended Summary of Terms is attached hereto as Exhibit A, 50 along with a clean copy of the Amended Summary of Terms, attached hereto as Exhibit 51 B; and 52 53 WHEREAS, City Council is of the opinion that additional public parking at the 54 oceanfront on the terms and conditions set forth in Amended Summary of Terms is in 55 furtherance of the public interest. 56 57 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 1. That City Council hereby approves the Amended Summary of Terms, a 61 copy of which is attached hereto as Exhibit B, and made a part hereof. 62 63 2. That City Council hereby authorizes the provision of an additional 64 $6,350,000 for a total of$13,350,000 from the existing appropriated funds within Capital 65 Project #100059 to the Authority for the purchase of 200 parking spaces in the 66 proposed Garage. 67 68 3. That City Council directs that should any such amounts not be required for 69 the Garage, the Authority shall return such funds to the City for the purposes of Capital 70 Project#100059. 71 72 4. That City Council requests and recommends that the Authority adopt a 73 Resolution consistent with this Ordinance approving the Amended Summary of Terms 74 and authorizing execution of definitive project documents. 75 76 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 77 of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0fa'nff1Kg"MCf Community Development City Attorney CA16734 11vbg ov.ccmW rs 1%BpplicaUonskityla�vkycon1321wpdo,-sWO I Blp052101055588.doc June 26, 2025 R-1 i EXHIBIT A AMENDED SUMMARY OF TERMS (COMPARE TO ORIGINAL SUMMARY OF TERMS) (35t' Street Parking Garage) 1. Scope of Proposed Project • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: theThe City of Virginia Beach Development Authority ("Authority") • Developer acquired property located at 205 35th Street in 2017 for$3,500,000. • Developer to construct a six-level, 3-54348+/- space parking structure at 205 35th Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 4154148 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit (200 spaces) owned by Authority and the other(4-54148 spaces)will be privately owned • Cross access easement to be established allowing open parking throughout the garage. • TweO2tion for two additional condominium units on the first floor with the Authority owning an approximately 2,200 square- feetsq. ft. unit to be conditioned and lit (the "Parking Office Unit") and the Developer retaining the other of approximately L=] square feet4,600 sq. ft. to initially be a cold dark shell until a user is identified.. 2. Developer Obligations • Developer would construct the entire project(hotel and garage) • Developer to contribute land for Garage($3 500 000) • Estimated private investment: $ m4ho $17,000,000 for hotel and -$- —$3,500,000 land value for garage 3. Authority Obligations • Pay actual costs up to $33,80)12,350,000 ($35,488.50 per pig-space ($6,760,000 total if 200 ) • Pay up to $1,000,000 for undergrounding of utilities and carry costs associated with construction loan A w23,nnn per- "uvcZoi-aesrbn-cna -cviscraccrox t A— $., vv Pci� for-share f land sc • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the$33,900 per_space cost. 4. Garap-e Operations • Spaces would not aeddelineate between private and public(open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance (O & M) split proportionately based on ownership (56-City 571/o/ Developer 43% +/-)plus a$75 per space annual contribution for capital maintenance and reserve. Pfivate O&M-eests capped-at$ • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap: EXHIBIT B AMENDED SUMMARY OF TERMS (35th Street Parking Garage) 1. Scope of Proposed Proiect • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: The City of Virginia Beach Development Authority("Authority") • Developer acquired property located at 205 35th Street in 2017 for$3,500,000. • Developer to construct a six-level, 348+/- space parking structure at 205 35th Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 148 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit (200 spaces) owned by Authority and the other(148 spaces)will be privately owned • Cross access easement to be established allowing open parking throughout the garage • Option for two additional condominium units on the first floor with the Authority owning an approximately 2,200 sq. ft. unit to be conditioned and lit(the "Parking Office Unit") and the Developer retaining the other of approximately 4,600 sq. ft. to initially be a cold dark shell until a user is identified 2. Developer Obligations • Developer would construct the entire project(hotel and garage) • Developer to contribute land for Garage($3,500,000) • Estimated private investment: $17,000,000 for hotel and $3,500,000 land value for garage 3. Authority Obligations • Pay actual costs up to $12,350,000 ($35,488.50 per space) • Pay up to $1,000,000 for undergrounding of utilities and carry costs associated with construction loan • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the per space cost 4. Garage Operations • Spaces would not delineate between private and public(open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance (O & M) split proportionately based on ownership (City 57% / Developer 43% +/-) plus a $75 per space annual contribution for capital maintenance and reserve • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap 3621 PACIFICAVE 3421 3612 — 3619 LOCATION MAP 3601 z 205 c> 3601 ATLANTIC AVE i+ 1 Hillier Ignite rn I Fitness Park 205 36TH ST t 30MW 3M!@M 3603 iST —' 200'299 t 1 35Ty15T —^ 3501-TLH 3501-118 t. 3501,605 _- }67µ 51 39A Location of Proposed 3508-128 3508-310 G - Parking C AVE STE 101 1 3501 ATLANTICAVE STE 804 Structure 300 36TH ST µplF 5T it ` z 't 35" First Presbyterian Church ti 3300 5t _ 30335TH ST STE 102 3502 PACIFICAVE.— 303-102 _-----_ - 200 r. 3500PACIFICAVE 3500 303-203 342M04 3421; 1y - , r _--- T 3420.103 Z 3401 ATLANTICAVE STE A r'y m �203 34TH ST 3420-102 t 4 VBCITY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Belvedere Hotel Investment Associates, LLC Is Applicant also the Owner of the subject property? Yes@ Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso No@ If yes, name Representative: Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes@Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary) J. Christopher Perry 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 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 O TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. M ay-2024 page 1 of 3 APPLICANTSECTION 1: continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation (F) 0 BDO Architect/Designer/Landscape O 0 Kahler Slater, WPL(Landscape Architect) Architect/Land Planner Construction Contractor e 0 Hourigan Construction Corp. Engineer/Surveyor/Agent @ 0 Draper Aden Associates Legal Services 0 0 Pender&Coward, 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, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. J. Christopher Perry 08/07/2025 Applicant Name (Print) cant Signa a Date t "Parent-subsidiary relationship"means "o 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 on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 ra�'i•4 bG f4 � ` tp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND APPENDIX F OF THE CITY CODE — CHESAPEAKE BAY PRESERVATION AREA ORDINANCE MEETING DATE: August 19, 2025 ■ Background: On September 29, 2021, the Virginia Department of Environmental Quality (VA DEQ) State Water Control Board amended the Virginia Administrative Code Sections 9VAC25-830-20 and 9VAC25-830-190, adding 9VAC830-155 for the Chesapeake Bay Preservation Area Designation and Management Regulations. Those amendments are required to be implemented into local ordinances by September 25, 2025. Changes to the proposed regulations include provisions to assess the impacts of climate change and sea-level rise for projects in the Resource Protection Area (RPA), ability of the local government to require the submission of a climate change assessment as part of the Water Quality Impact Assessment (WQIA), refined the locality's ability to grant exceptions, authorized local governments to allow adaptation measures within the RPA, and provisions to exempt living shoreline projects from additional requirements. Also proposed with this amendment is the remapping of the City's RPA buffer to align with the State Chesapeake Bay Preservation Area Designation and Management Regulations and eliminate the variable width buffer outside the state- designated RPA. ■ Considerations: In addition to aligning the City's Ordinance with the Virginia Administrative Code as amended, the proposed amendments would allow the following: placement of fill material on private property with approval, evaluation of exception requests to the CBPA Ordinance to address climate adaptation and coastal resiliency, preservation of existing natural resources and mature canopy trees along tidal shores to the greatest extent practicable when private property is subject to redevelopment, and coordination of shoreline redevelopment projects, such as living shorelines, with upland improvements. Extensive public outreach was conducted to inform the public of the proposed changes to include briefings to various City Council Appointive Agencies (CBPA Board, Green Ribbon Committee, Planning Commission, and the Coastal Virginia City of Virginia Beach Page 2 of 2 Building Industry Association), two public engagement meetings, and an online comment period from May through July 2025. ■ Recommendation: On June 23, 2025, the Chesapeake Bay Preservation Area Board voted to support the amendment by a vote of 7-0. ■ Attachments: Ordinance Recommended Action: Staff recommends Approval. Chesapeake Bay Preservation Area Board recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND APPENDIX F OF 2 THE CITY CODE — CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 5 SECTION AMENDED: Appendix F, 6 Chesapeake Bay Preservation Area Ordinance 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Appendix F, Chesapeake Bay Preservation Area Ordinance of the Code of 12 the City of Virginia Beach, Virginia, is hereby amended and ordained to read as follows: 13 14 Sec. 100. Title. 15 16 This ordinance shall be known as the Chesapeake Bay Preservation Area C( BPA) 17 Ordinance of the City of Virginia Beach. 18 19 Sec. 101. - Findings of fact. 20 21 The Chesapeake Bay and its tributaries constitute one of the most important and 22 productive estuarine systems in the world, providing economic and social benefits to the 23 citizens of the City of Virginia Beach and the Commonwealth of Virginia. The health of the 24 Bay and its tributaries is vital to maintaining the City of Virginia Beach's economy and the 25 welfare of its citizens. 26 27 The waters of the Ghesapeake Bay wateFshed have beeR degraded silg_,RifiGaRtl!,� 28 by maRy SOLIFGes of 29 T�heC�e�v at werFh y ef'nreteGtien {rem furtheF degFa datien. Certain lands that are 30 proximate to shorelines have an intrinsic water quality value due to the ecological and 31 biological processes they perform. With proper management, they offer significant 32 ecological benefits by providing water quality maintenance, wildlife habitat, floodplain 33 management, and shoreline erosion control. water quality maiRteRannGeenrd pelli Mien 34 Genfrel as well as fleerd and shereline erecien ,.en+rel. These lands, designated by the 35 City Council as Chesapeake Bay Preservation Areas, shall be developed in such manner 36 as te preteGt the quality of wafer in +ho Rom" that promotes water quality and 37 accommodates for the economic vitality of the city. 38 39 Sec. 102. - Purpose and intent. 40 41 (A) This ordinance is adopted in order to implement the requirements and stated 42 purposes of The Chesapeake Bay Preservation Act (Sections 62.1 ^^�T 62.1- 43 44.15:67 through 62.1-44.15:79 62.1-44.15:79 of the Code of Virginia) and the 44 Chesapeake Bay Preservation Area Designation and Management Regulations 45 (9VAC 25-830-10 et seq.) promulgated thereunder. 46 47 The intent of the City Council and the purpose of this ordinance are to: 48 49 (1) protect existing high quality high-quality state waters; 50 51 (2) prevent any further increase in non-point source pollution; apd 52 53 (3) restore state waters to a condition or quality that will permit all reasonable public 54 uses and will support the propagation and growth of all aquatic life, including game 55 fish, which might reasonably be expected to inhabit them..-; and 56 57 (4) address changing environmental conditions through proactive, long-term sea level 58 rise and recurrent flooding adaptation measures. 59 60 The peFfGFmanGe-st s established by this GFdinuiRGe pFeyide the meaRsto 61 62 63 vegetatien, ' 64 vegetathGR filters steFmwateF FUROff. 65 is enhanGed and GtGF mIAroter riinnff is redUGed 66 67 (B) The Chesapeake Bay Preservation Area Map adopted by the City Council shall be 68 used as a guide to the general location of Chesapeake Bay Preservation Areas. 69 The site-specific boundaries of Chesapeake Bay Preservation Areas shall be 70 delineated by the applicant and confirmed by the City Manager or their designee 71 as part of the plan of development process. The site-specific evaluation is 72 conducted to determine whether water bodies on or adjacent to the development 73 site have perennial flow; and that Resource Protection Area (RPA) boundaries are 74 adjusted, as necessary, on the site based upon this evaluation of the site. The site- 75 specific evaluations shall be subject to approval and modification by the City 76 Manager or their designee on the basis of the criteria set forth in Section 104(B) of 77 this ordinance. In making such a determination, the City Manager may consider 78 any additional relevant information and may perform site inspections. When a 79 delineation of a Chesapeake Bay Preservation Area, or any component thereof, 80 has been approved or established by the City Manager, the Chesapeake Bay 81 Preservation Area Map shall be amended by the Board to reflect such delineation. 82 The designation of any area as a Chesapeake Bay Preservation Area shall be in 83 addition to, and not in lieu of, the zoning district classification of such area, such 84 that any parcel of land situated within a Chesapeake Bay Preservation Area shall 85 also lie in one or more of the zoning districts established pursuant to Section 102 86 of the City Zoning Ordinance j(Appendix A}J of the Code of Virginia Beach and 87 shall be subject to all applicable provisions of this ordinance and the City Zoning 88 Ordinance f(Appendix A}l. 89 90 (C) The performance standards established by this ordinance provide the means to 91 minimize erosion and sedimentation potential, mitigate the land application of 92 nutrients and toxins, and enhance rainwater infiltration. Indigenous ground cover, 93 especially wood vegetation, is effective in holding soil in place and preventing site 94 erosion. Existing vegetation filters stormwater runoff. 95 96 Sec. 103. - Definitions. 97 98 The following words and terms used in this ordinance shall have the following 99 meanings, unless the context clearly indicates otherwise. 100 101 Accessory structure. Any structure located on a lot or parcel not identified as a principal 102 structure as defined herein. 103 104 Adaptation measure. A project, practice, or approach to mitigate or address an impact 105 of climate change including sea-level rise, storm surge, and flooding including increased 106 or recurrent flooding. 107 108 Agricultural lands. Those lands used for the planting and harvesting of crops or plant 109 growth of any kind in the open, pasture, horticulture, dairy farming, floriculture, or the 110 raising of poultry or livestock. ill 112 Applicant. Any person submitting any application required or permitted pursuant to any 113 of the provisions of this ordinance, and any person on whose behalf such an application 114 is submitted. 115 116 117 118 . 119 120 Best management practice. A practice, or a combination of practices, determined by a 121 state or designated area-wide planning agency to be the most effective practicable 122 means of preventing or reducing the amount of pollution generated by nonpoint sources 123 to a level compatible with water quality goals. 124 125 Best rpapagement pFaGtic-e, structural. A best maRagemeRt pFaGthGe that requires- the 126 . 127 128 Board. The Chesapeake Bay Preservation Area Board. 129 130 Buffer area. An area of existing or established vegetation managed to protect other 131 components of a Resource Protection Area as described under section 104(B)(1) of this 132 ordinance and state waters from significant degradation due to land disturbances. 133 134 Buffer Manual. This guidance manual is intended to provide assistance to local 135 governments in the administration of the buffer modification provisions of the 136 Chesapeake Bay. 137 138 Caliper. The diameter of a tree measured six (6) inches above existing grade. 139 140 Canopy Tree. A tree that typically reaches 35 feet in height or taller when mature. 141 142 Channelward. In the direction of the channel or waterway. 143 144 Chesapeake Bay Preservation Area. Any land designated as such on the Chesapeake 145 Bay Preservation Area Map adopted by the City Council, subject to the determination 146 of the City Manager, or their designee on a site-specific basis. A Chesapeake Bay 147 Preservation Area shall consist of a Resource Protection Area and a Resource 148 Management Area. 149 150 . 151 perfbrm the duties, er-te exeFGise the authority, of the City Manager pursuant to the 152 . 153 154 Construction footprint. The area of all impervious surface created by development or 155 redevelopment of land, including, but not limited to, buildings, roads, drives, parking 156 areas and sidewalks, and any other land disturbed for the construction of such 157 improvements. 158 159 Development. Tho nnnc+riin+inn or of w ien+ UPOR paFGel of land 160 , 161 162 163 164 operations, steFage ef eguEpM8r+ materials, nr the subdiyicinn of -and 165 166 Diameter at breast height DBH . The diameter of a tree measured at a point four and 167 one-half (4-1/2) feet above the existing grade. 168 169 Dripline. An imaginary perpendicular line extending downward from the outermost tips 170 of the branches of a tree to the ground. 171 172 Fill. Material such as sand, soil, gravel, or crushed stone that is placed in an area, often 173 to adjust the elevation or to create land contouring. 174 175 Flood or flooding. A general or temporary condition of partial or complete inundation of 176 normally dry land areas from: 177 178 (a) The overflow inland of tidal waters, or 179 (b) The unusual and rapid accumulation of runoff of surface waters from the 180 source, or 181 (c) Mudflows, which are akin to a river of liquid and flowing mud on the surfaces 182 of normally dry land areas, as when earth is carried by a current of water and 183 deposited along the path o the current, or 184 (d) The collapse or subsidence of land along the shore of a lake or other body of 185 water as a result of erosion or undermining caused by waves or currents of 186 water exceeding anticipated cyclical levels or suddenly caused by an 187 unusually high water level in a natural body of water, accompanied by a 188 severe storm, or by an unanticipated force of nature such as flash flood or an 189 abnormal tidal surge, some similarly unusual and unforeseeable event that 190 results in flooding as defined above. 191 192 Floodplain. The area adjacent to a channel, river, stream, or other water body that is 193 susceptible to being inundated by water normally associated with the 100-year flood or 194 storm event. This includes the floodplain designated by the Federal Emergency 195 Management Agency. 196 197 Highly erodible soils. 198 the ground Ghanges frem less than six (6) peFGent to greater than six (6) peFGent and 199 the tee of the slope is IGGated within ene hundred (100) feet of tidal wetlands, nentidal 200 wetlands er tidal sheres. The top n-f h--;;nk Shall be the landhAi-ard Urnit ef highly eredible 201 sells. Soils (excluding vegetation)with an erodibility index (EI) from sheet and rill erosion 202 equal or greater than eight. The erodibility index for any soil is defined as the product of 203 the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface 204 layer; R is the rainfall and runoff; LS is the combined effects of slope length and 205 steepness; and T is the soil loss tolerance. 206 207 Highly permeable soils. Soils with a given potential to transmit water through the soil 208 profile. Highly permeable soils are identified as any soil having permeability equal to or 209 greater than six inches of movement per hour in any part of the soil profile to a depth of 210 72 inches (permeability groups "rapid" and "very rapid") as found in the "National Soil 211 Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. 212 Department of Agriculture Natural Resources Conservation Services. 213 214 Impervious cover. A surface composed of any material which significantly impedes or 215 prevents natural infiltration of water into the soil, including, but not limited to, buildings 216 and other structures and the components thereof, concrete, asphalt, or compacted 217 gravel surface. 218 219 Land disturbance. ARy aGtiVity iinnn land �eihirh i+oiicoc r•rintributes to nr results in the 220 deStFUGtion, remeval eF Gevering of the vegetatieR UPeR SUGh land, ORGluding, but no 221 limited +n nlearinn dredging, filling grading or eXGavMinn A manmade change to the 222 land surface that may result in soil erosion or has the potential to change its runoff 223 characteristics, including construction activity such as the clearing, grading, excavating, 224 or filling of land. The term shall not include minor activities such as home gardening, 225 individual home landscaping and home maintenance. 226 227 Living Shoreline. A shoreline management practice that provides erosion control and 228 water quality benefits; protects, restores, or enhances natural shoreline habitat; and 229 maintains coastal processes through the strategic placement of plants, stone, sand fill, 230 and other structural and organic materials. 231 232 Manager. The City Manager or such other person or persons as they may designate to 233 perform the duties, or to exercise the authority, of the City Manager pursuant to the 234 provisions of this ordinance. 235 236 Mature Tree. A canopy tree with a Diameter at Breast Height (DBH) of 12 inches or 237 greater or an understory tree with DBH of 4 inches or greater. 238 239 Nature-based solution. An approach that reduces the impacts of sea-level rise, flooding 240 and storm events through the use of environmental processes and natural systems. 241 242 Nonpoint source pollution. Pollution Gonsisting Of oenSTitHeRt-s SuG-as sediment, 243 244 agriGUlture and urban land devel.,r,MeRt and use. Pollution such as sediment, nitrogen, 245 phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be 246 pinpointed but rather are washed from the land surface in a diffuse manner by 247 stormwater runoff. 248 249 Nontidal wetlands. Those wetlands other than tidal wetlands that are inundated or 250 saturated by surface or ground water at a frequency and duration sufficient to support, 251 and that under normal circumstances do support, a prevalence of vegetation typically 252 adapted for life in saturated soil conditions ideR+ified or referred +n in the Gity of Virginia 253 254 n�,r4c+„r, Fine Sand;Dore an-M6I ky PeatD-us ramp�FiRe-Sand; N w ney Silt Loam; �uaTco rc��-rrrrrc— Z.ry u r - 255 PaMliEe—ML+Eky Peat;P,amGGe LakehuFst Variant Gomplex;PeGaty Peat; or 256 ; 257 258 . as defined 259 by the U.S. Environmental Protection Agency pursuant to Section 404 of the Federal 260 Clean Water Act. 261 262 Noxious weeds. . As defined 263 in Va. Code 3.2-800, any living plant, or part thereof, declared by the Board of 264 Agriculture and Consumer Services through regulations to be detrimental to crops 265 surface waters, including lakes, or other desirable plants, livestock, land, or other 266 property, or to be incurious to public health, the environment, or the economy, except 267 when in-state production of such living plant, or part thereof, is commercially viable or 268 such living plant is commercially propagated in Virginia. Including but not limited to 269 plants such as Johnson grass, kudzu, and multiflora rose. 270 271 Person. An individual, fiduciary, corporation, firm, partnership, association, 272 organization, or any other entity or combination thereof. 273 274 Plan of development. For the purposes of this Ordinance, plan of development means 275 any process for site plan review in local zoning and land development regulations 276 designed to ensure compliance with this Ordinance, prior to issuance of a building 277 permit. 278 279 Principal structure. A structure that encloses or houses any principal use. For the 280 purposes of this ordinance the term principal structure shall not-include the following 281 appurtenances including (i) a required parking area as set forth in Sections 203 (a) and 282 (b) of the City Zoning Ordinance (Appendix A), (ii) a driveway connecting the required 283 parking area to the public right-of-way in conformance with the criteria of the City of 284 Virginia Beach, Department of Public Works Design Standards manual Roadway 285 Geometric Alignment & Design, and (iii) a sidewalk connecting any outside entrance or 286 exit of the principal structure to the required parking area. 287 288 Public road. A publicly owned road designed and constructed in accordance with water 289 quality protection criteria at least as stringent as requirements applicable to the Virginia 290 Department of Transportation, including regulations promulgated pursuant to (i) the 291 Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of Virginia), 292 and (ii) the Virginia Stormwater Management Act (Section 10.1-603.1 et seq. of the 293 Code of Virginia). This definition includes those roads where the Virginia Department of 294 Transportation exercises direct supervision over the design or construction activities, or 295 both, and cases where roads are constructed or maintained, or both, by the City in 296 accordance with the Public Works Design Standards Manual. 297 298 Redevelopment. The construction, substantial alteration or installation of any 299 improvement upon a lot or parcel of land, that a-s-e+ has been previously developed. 300 301 Resilience. The capability to anticipate, prepare for, respond to, and recover from 302 significant multi-hazard threats with minimum, damage to social well-being, health, the 303 economy, and the environment. 304 305 Resource Management Area. That component of a Chesapeake Bay Preservation Area 306 not classified as a Resource Protection Area. Reseur^e Management Areas innl lJo 307 Iand types whiGh, used- A-r developed, have the pete—pti-al fA-.r 308 signifiGant water quality degradatiOR or fer diminishing the funGtienal value 309 ReSGUrno PmteGtinn Oros 310 311 Resource Protection Area. That component of a Chesapeake Bay Preservation Area 312 comprised of lands adjacent to waterbodies with perennial flow which have an intrinsic 313 water quality value due to the ecological and biological processes they perform or are 314 sensitive to impacts which may result in significant degradation to the quality of state 315 waters. 316 317 Silvicultural activities. Forest management activities, including but not limited to the 318 harvesting of timber, the construction of roads and trails for forest management 319 purposes, and the preparation of property for reforestation that are constructed in 320 accordance with the silvicultural best management practices developed and enforced 321 by the State Forester pursuant to Section 10.1-1105 of the Code of Virginia and are 322 located on property defined as real estate devoted to forest use under Section 58.1- 323 3230 of the Code of Virginia. 324 325 Storm surge. The resulting temporary rise in sea level as defined in Section 1 .3 of the 326 City Zoning Ordinance (Appendix K). 327 328 Subdivision. The division of any parcel of land into two (2) or more lots or parcels. The 329 term shall include all changes in lot lines, the creation of new lots involving any division 330 of an existing lot or lots and, if a new street is involved in such division, any division of 331 a parcel of land. When appropriate to the context, the term shall also include the process 332 of subdividing and the territory subdivided. 333 334 Substantial Alteration. The expansion or modification of a building or development that 335 would result in a disturbance of land exceeding an area of two thousand five hundred 336 (2,500) square feet in the Resource Management Protection Area only. 337 338 Tidal shore. The area between the mean low water and mean high water levels of tidal 339 waters. 340 341 Tidal wetlands. Vegetated and nonvegetated wetlands as defined in Section 1401 of the 342 Qty Zoning Ordinance I(Appendix AA of the Code of Virginia Beach for those areas 343 within the Chesapeake Bay watershed. 344 345 Understory Tree. A tree that typically reaches 12 feet to 35 feet in height when mature. 346 347 Water-dependent facility. A development of land which cannot exist outside of a 348 Resource Protection Area and which must be located on the shoreline by reason of the 349 intrinsic nature of its operation. These facilities include, but are not limited to, ports, the 350 intake and outfall structures of power plants, water treatment plants, sewage treatment 351 plants, storm sewers, marinas and other boat docking structures, beaches and other 352 public water-oriented recreation areas, fisheries or other marine resources facilities, and 353 shoreline pretes-t-iGR erosion control measures as authorized under the provisions of 354 Sections 1400-1418 of the Coy Zoning Ordinance I(Appendix A)L of the Code of 355 Virginia Beach. 356 357 Sec. 104. - Areas of applicability. 358 359 (A) The Chesapeake Bay Preservation Area Ordinance shall apply to all lands which 360 are included in the Chesapeake Bay watershed within the City of Virginia Beach. 361 Such lands are designated as Chesapeake Bay Preservation Areas on the 362 Chesapeake Bay Preservation Area Map. The Chesapeake Bay Preservation 363 Area Map shall delineate the general locations of Resource Protection Areas and 364 Resource Management Areas. The City Manager, or their designee shall have 365 the final authority in cases of uncertainty to determine the extent of Chesapeake 366 Bay Preservation Areas bV application of the criteria set forth in this section. 367 368 (B) The site-specific boundaries of the Chesapeake Bay Preservation Area shall 369 initially be delineated by the applicant on the basis of the criteria set forth below 370 and shall be subject to approval and modification by the City Manager or their 371 designee as needed. In making such a determination, the City Manager may 372 consider any relevant information and may perform site inspections. The 373 components of the Chesapeake BaV Preservation Area, Resource Protection 374 Area (RPA) and Resource Management Area (RMA) are as follows. 375 376 (1) Resource Protection Areas shall include the following components: 377 378 (4-a) Tidal wetlands; 379 380 (fib) Nontidal wetlands connected by surface flow and contiguous to water 381 bodies with perennial flow; 382 383 (3c) Tidal shores; &R4 384 385 (d) Water bodies with perennial flow; and 386 387 (4e) A vaFiable width buffeF area not less than one hundred (100) feet in width 388 located adjacent to and landward of the components listed above in 389 subdivisions a through d of this subsection. The full buffer area shall be 390 designated as the landward component of the RPA. 391 392 The variable-width area-s jaGeRt to and 393 394 beth sides, ef any water body with peFennial flow. The variable width buffer 395 area shall alse OnGlude highly eredible soils where pFeseRt and shall ex 396 ene hundred (100) feet landward A-f th,-Q landward limit of highly eFe 397 398 399 (C2) Resource Management Areas shall consist of all lands within Chesapeake 400 Bay Preservation Areas which are not designated as Resource Protection 401 Areas. These lands, if improperly used or developed, have a potential for 402 causing significant water quality degradation or for diminishing the 403 functional value of the Resource Protection Area. 404 405 406 407 Gity MaRager shall have the final autheFity OR Gases of unGertaiRty te deterrnine 408 409 set ferth OR this seGtOOR. Site speGhfiG determinatien shall be made by eF GGRfiFFned 410 . 411 412 (E) if the aFea eRGGrnpassed by a Chesapeake Bay PFe6e i•+4ion Fea ORGludes u 413 portion of a lotesstha^, o+ equal�F equ , hree (3) asr� size,, the entire lot shall he 414 �7�jtrt t the Fequifements of this oFdiRaRGe. Any lot subdivided afteF QGtE)ber 1 415 416 also-be-6ub eGt f�TegtiFements ef th*6 9Fdi c 417 418 Sec. 105. - Interpretation of Ghesapeake Qw Dreserya ion Ares. boundaries. Water 419 quality impact and resiliency assessments. 420 421 The Chesapeake Bay Drece�iutien Aron Ann adopted by the Gity COURG61 shall he Chesapeake �....� � �vv a>u uN adopted v� the 422 423 6peGifiG bouRdwie6 of a Chesapeake Bay PFeseFvatmOR Area shall iRitially be delineated 424 425 OR the basis of the nri+aria set fo Fth on SeGtmoR 104 of thhs E) dmnarnGe In making SUGh a 426 427 site-i spect+ons. WheR a delineatiOR ef a Chesapeake Bay PFeservation Area ep aRp 428 429 Chesapeake Bay Preservation Area Map 6hall be -a.m.endled by the Beard to ref!eGt SUGh 430 deliReation. 431 432 (A) Water quality impact assessment. A water quality impact assessment shall be 433 required (i) for any use, land disturbance, development or redevelopment within 434 a Resource Protection Area; (ii) for any buffer area encroachment; (iii) for any 435 variance provided for in Section 110 of this ordinance; or(iv)where a water quality 436 impact assessment is deemed necessary by the City Manager or their designee 437 to evaluate the potential impacts of the use, development or redevelopment upon 438 water quality or a Resource Protection Area by reason of the unique 439 characteristics of the site or the intensity of the proposed use or development. 440 441 (1) The water quality impact assessment will: (i) identify the potentially adverse 442 impacts of proposed development on water quality and lands within Chesapeake 443 Bay Preservation Areas; (ii) ensure that, where use, development or 444 redevelopment takes place within Chesapeake Bay Preservation Areas it will be 445 located on those portions of a site and in a manner that will be least disruptive to 446 the natural functions of Resource Protection Areas and other sensitive lands: and 447 (iii) specify means of avoiding, minimizing or mitigating the impacts of 448 development for water quality protection. 449 450 (B) Resiliency Assessment. Submittal of a resiliency assessment that evaluates the 451 potential impacts of climate change on buffer function in light of any development 452 protect that proposes an encroachment into the Resource Protection Area is 453 required to be provided for review during the plan of development or other project 454 review process. The resiliency assessment shall be based upon the RPA as 455 delineated at the time of the proposed land development and in addition to all 456 other requirements of this ordinance and other local ordinances. 457 (1) The resiliency assessment shall consider the anticipated impacts of sea level 458 rise, storm surge, and flooding on the parcel and proposed improvements over 459 a thirty (30) year projected timeframe unless the applicant demonstrates one 460 of the following criteria. 461 462 (a) The project proposed for development is not directly impacted by the 463 criteria set forth in section (2) below through the plan of development 464 process or other review process. 465 466 (2) The anticipated impacts of sea level rise, flooding, and storm surge on the 467 parcel and the proposed improvements shall be based upon a review of the 468 following models and forecasts. 469 470 (a) Sea Level Rise Proiections. Use the 2017 National Oceanographic and 471 Atmospheric Administration (NOAA) Intermediate-High scenario protection 472 curve for any subsequently updated version thereofl on the project site. 473 Sea level rise data can be accessed on the AdaptVA website, maintained 474 by the Virginia Institute of Marine Science (VIMS). 475 476 (b) Storm Surge Proiections. Use the most up-to-date NOAA hydrodynamic 477 Sea, Lake, and Overland Surges Hurricanes (SLOSH) model for a 478 _Category 1 storm surge on the protect site. Storm surge data can be 479 accessed on the AdaptVA website, maintained by the Virginia Institute of 480 Marine Science (VIMS). 481 482 (c) Flooding Proiections. Use the most up-to-date Special Flood Hazard Area 483 and the Limit of Moderate Wave Action (LiMWA) model on the protect site 484 according to the Virginia Flood Risk Information System (VFRIS) model in 485 conjunction with the requirements of the Zoning Ordinance [FAppendix K41 486 of the City of Virginia Beach. 487 488 (3) Such assessment shall evaluate the potential impacts in light of the proposed 489 land development on buffer function including loss of riparian buffer vegetation 490 and vegetation migration; water migration; as well as the potential impacts 491 resulting in additional future land disturbance or development in the Resource 492 Protection Area connected to the proposed land development. The 493 assessment shall include alternations, conditions, or adaptation measures 494 meeting the requirements of Section 105(B) proposed by the applicant to 495 address the impacts consistent with the requirements of this Ordinance. 496 Proposed alterations, conditions, or adaptation measures shall consider site 497 conditions; nature, type, and size of proposed land development; extent of 498 potential impacts; and the necessity to minimize future land disturbance. 499 500 (4) Based upon the assessment, the City Manager or their designee; or in cases 501 of variances or exceptions by the Board, the Board shall, as necessary and 502 appropriate, require conditions, alterations, or the installation of adaptation 503 measures as a part of the review and approval of the proposed land 504 development to address the identified impacts considering site conditions; 505 nature, type, and size of proposed land development; extent of potential 506 impacts; and the necessity to minimize future land disturbance. 507 508 Sec. 106. Performance standards. 509 510 The performance standards set forth in this Section are intended to prevent a net 511 increase in nonpoint source pollution from new development and development on 512 previously developed land where the runoff was treated by a water quality protection best 513 management practice. Stormwater management criteria shall be consistent with the 514 provisions of the Erosion and Stormwater Management Ordinance [Appendix D] of the 515 Code of Virginia Beach. 516 517 (A) General performance standards for development and redevelopment. Except as 518 otherwise provided herein, the following standards shall apply to all development 519 and redevelopment in both Resource Protection Areas and Resource 520 Management Areas of the Chesapeake Bay Preservation Area: 521 522 (1) Land disturbance shall be limited to the area necessary to provide for the 523 proposed use or development. The limits of land disturbance, including 524 clearing., ar grading, or filling shall be strictly defined by the construction 525 footprint as shown on the approved plan of development. Clearing shall be 526 allowed only to provide necessary access, site drainage, water quality best 527 management practices, installation of utilities and primary and reserve 528 drainfield sites as detailed on a Virginia Department of Health sewage 529 disposal construction permit. These limits shall be clearly shown on all plans 530 submitted and physically marked on the site. 531 532 (2) Existing indigenous vegetation shall be preserved to the maximum extent 533 practicable Genr,wrrsisteRt mature trees shall be protected during development 534 and only removed where necessary, including to provide for w+tI4 the 535 proposed use or development.,prepeGed aPA in accordance with the current 536 edition of the Virginia Ere6ion and- Sed+rnent rT—oanrfmv; Stormwater 537 Management Handbook. 538 539 (a) Where—areas to be pFeserved-are GE)RsideFed to be paFt of the 540 stermweter-management plan fnr that site di6eased +rear, nr +roar, 541 weakened by age, sterm fiFe, eF ether r; UFY gay beTemevca. 542 (b) PrieFte clearing or grading, suitable PFE)test+ve barriers, SuGh as safety 543 feeRGORg shall he eren}ed eutsirde of the dFinline of aRY +rep er stand of 544 freer, to he preserved These n rote nfiye harriers shall Ferna.n so eGte.J 545 threegheut all phases Of-senstr"^f�Te s erage—ef equipment, 546 materialr, debris, er fill r,hall net he alk-lWeit unthin the area reteGte,[ 547 by the harrier 548 549 (3) Land development shall minimize impervious cover to promote infiltration of 550 stormwater into the ground consistent with the use or development 551 proposed through the incorporation of structural or nonstructural urban best 552 management practices: as described in the City of Virginia Beach Erosion 553 and Stormwater Management Ordinance [Appendix Dl. 554 555 As described iR the rOurre.pt edition the Virginia rr water 556 Management Dra^ti^es ur+Rdbeek; Gr 557 (b) As described in theCity of Virginia BeaGh StermwateF Management 558 QFdhnaRGe (AppeRdiv D) 559 ¢c4 Du iRg the design phase of development, coysideratien ter"e��Ise 560 given to the fellewing means Gf min im i inn impen,iGU6 no"er• 561 562 1.IaGement E)f parking areas under multiple family, offT^ve GF 563 GGvmmeroiol buildings' 564 2 GGnstr„Gtlen Gf no more than the minim„m n„rvmher of paFkinn 565 spaGes required by the City 7eninn Qrrdinan^e (ApPeRdiv 4\• r�>__ Munvaa by u,� vn�, wnT , 566 567 loge, traffic Zones; and 568 4. Cluster development in lie, of ^enventional development by 569 570 as so+forth in the City Zoning QFdinan^e (Appendix 0) �., ,,...forth, �y ,y �,urn 571 572 (4) 573 as defined—in SeGtiAR I n-1 5650 t4f the Cede ofV ir---' eeeding tw 574 tho~sa dive-hand ed (2 are fe " i��4I"ng, b ,+ n^+ limited 575 GE)RStFLIGtier ef all single family houses son+ ks and dFainfie Qnv 576 Chesapeake Bay Preservation Area land disturbing activity as described in 577 VAC 25-830-130 shall comply with the requirements of the Erosion and 578 Stormwater Management Ordinance [Appendix Dl Sec 2.2 of the Code of 579 the City of Virginia Beach. s#eN-GGmnl Withshe Fequirer rerts E)f n�*�l 580 581 582 583 (5) Alley-site-sewage treatment sysfeMS RGtTeguirin„ a ViFginia Pell tan+ 584 Discharge€Iiminat+eR System (\ PD;ES) per.m.it pumped out at leaet 585 GRGe even, five (5) years, provided, h oweveF, that: Any Chesapeake Bay 586 Preservation Area upon which on-site sewage treatment systems [sewage 587 systemsl as defined in 32.1-163 of the Code of Virginia shall comply with 588 the requirements of 9VAC25-830-130 7 et. seq. including the requirement 589 for pump-out or inspection every 5 years per 9VAC25-830-130 7 et. seq. 590 591 to onrliti established Virginia Beach Health Di mot {a-)—c�13 f eC�t--cv�vrrarrefl$�-vv r 592 of the Virginia-DeparimeRt of Health,, the GW ReF6 of SaGh 6ystems, 593 MR lieu of n,lmnlRg Gilt sUoh systems oven,five (15) yea Fs have a gristle 594 filter in6tall„ed-and malataTned in the A-utfl ... I M the septa- o (0 M c r Ti r 3 0 3 73 c I c t 1 37 73 37 0 0 M rl 37 o c 0 3 3 C) cl 3 73 3 c b a c 7 3 � t � � J > p s 12- - C -3 c c 3 C .3 73 73 C 37 c C o c ma� � � d � � � � � e � aago (P 641 (3) Repair—s+tyati9RS when iRstallatisin of a valve is not feasible 642 and 643 (4) Any other approved system forwhiGh the use of a valve 1.,, uld 644 advers ewe d of as det in elf a## ea+gn�f the system, ed b� 645 the Virginia Reaoh Health Dic+riGt; 646 valve 647 (d) The diversionvalve shall havethree (3) pert two(2) way valve rf 648 materFals resistaa ttose leakpreefand—designed se that the 649 effluent from the tapk can he ndire`tend te. flow into either one (1) of the l ITi�i.,a ....... ...� aw.... „�.. �1 one T� t moo,--rri� 650 two (2) ndistribUtion hove&• 651 (e) There shall be a conduit from the top of the valve to the gro g Innd sl Irfan 652 with an appropriate GGVer to he level with or above the grouped surfaee• u uNNly ,,,,,.� a above ull. yl , 653 aad 54 The valv he-valy0.shal-Rorf be l o eated in driveways, reerearirenral oomrts; parking g 655 lots, or beneath sheds or other Jtplotne& In lien of a diversion T hie , 656 any deviGe that can be desagRed,and Ee„struc �lcd to dire t the flow of 657 effluent from the tank into either one (1) of the tY�ie (2) ndistrib Minn boxes Uv..a from a..v aan...� ...aV Vla ` 1� `L/ \AIJl11RJUUViT pVJC tsJ 658 may beappFeved-it plapss are submitted to the Virnini Re rh Health 659 DiS#Fictand deteFM+eed to he satisfaGtnpT• 660 [(g) Resep,ei-1j 661 (h) Owners shral�teFnate using the infields-every twelve (12) months 662 to permit the yearly re&tipg of half of the absorption system J N�1111 l III C.. . 663 {{}--T-herFty shall ensuFe that the owners are notified aRRYally of the 664 regLirement to SWitoh the valve to the opposite drainfield 665 667 668 (9) R,Tesewed 669 670 (96) Prior to the authorization and initiation of grading or other on-site activities, 671 evidence of all wetland permits required by Sections 1400 through 1418 of 672 the CAty Zoning Ordinance j{Appendix A}] of the Code of Virginia Beach and 673 Sections 401 and 404 of the Clean Water Act (33 U.S.C. Sections 1341 and 674 1344) shall be obtained and evidence of such submitted by the applicant to 675 the City. 676 677 (4-07) Any Chesapeake Bay Preservation Area upon which agricultural 678 operations are conducted as defined in 3.2-300 of the Code of Virginia 679 shall comply with the requirements of 9VAC25-830-130 8 et. seq. 680 681 quality GORsewation assessment Gei4uacted—t,hat evaluates the 682 ffeGtiveness of existing pra Gtiees pertaining to soil erosion annd sentiment e-...�.,....,...,...... .... ., ly p.la.IJa1l.�,J rla�IlcrT 683 EentFGI, RutrientraRagement an,d management ef pc6tiGi,de& and where 684 685 686 shall be based wponthe standaFds set forth in the Ianl laps 1999 Holed Offin 687 Teshniserl Guide ofthe U.S.C Department of Onri^III+IIro AI'.+.-r-;41 R..n....r.... 688 Gensewati_nn SeWi^o_ or the IaiiIua Y wv1 i ginia Anri^IllturaI ROAD Manual 689 of the .. Linia Department of GGRsewation and ReGreatinn and �+^^ornpIish y cL--c�I,..........,,,, ,,, ,,,,,,, Lw L.LIV 11 and 690 water quality proton+inn ^nnsistent with this or/tingpne 691 692 (4- 8) Proposed revegetation of disturbed areas shall provide maximum erosion 693 and sediment control benefits. 694 695 (4-�9) Access for development requiring permits under Section 6-136 of the City 696 Code or Section 1403 of the City Zoning Ordinance [Appendix Al, and for 697 development authorized by Section 1402 of the City Zoning Ordinance 698 [Appendix Al, shall be limited to a single accessway so as to maintain the 699 integrity of the buffer area. Fill fGF GUGh development shall he limited to 700 e died IrbaRGe of evicting �iegetation And ^ento- Fs so as to effegtiyely minirx�i�_ _.___.__..-- -. existing �y�LL,,LIL,II LAIILA VVIILLT 701 maintain the integrity of the buffer area 702 703 704 of the buffer aFea 705 706 (14) EXGavatien m ateF17al tem GenStmtTi9R,, IrRGII1 ng dFedged Fnaterial shall he 707 disposed of in a lawful manner. 708 709 {4 )S+4v+sr al aGt!Vit+es within Chesapeake Bay Presep,atiGR ,Fear 6h Its„-be 710 exempt from t#Es e- di adheFe to 711 712 "FeFes#y Best- Management Pam--^+�eG for WateF Quality in ViFgiRia 713 T-eEhRiGal' V Guide" `+ C fi department of ^restF I LII4 714 715 (160) All development exceeding two thousand, five hundred (2,500) square feet 716 of land disturbance shall be accomplished through a plan of development 717 review process consistent with Se^tien 15.2 2286 (A)(8) of—the-Code-ef 718 ViFgiRia and subsection 1(e) of 9VAC25-830-240 (Chesapeake Bay 719 Preservation Area Designation and Management Regulations) and the Site 720 Plan Ordinance [Appendix Cl of the Code of Virginia Beach. 721 722 e e ct Iln the hest maRag t pFaGti^ec re Ilia Iloh {�-7�-�Fh�r�Tr�#t�ral�rn��-r,�u,-r�er�epT—p,��—et;Tr�ed�l�,-r 723 ma+nteRaRGeshelbe ensured by Gity t I lgh a—naiTteenaRGe 724 agreement with the owner or deyeleper 725 726 (B) Development criteria for Resource Protection Areas. In addition to the general 727 performance standards set forth in this section, the following standards shall 728 apply to all use, development and redevelopment in Resource Protection Areas, 729 except as otherwise provided herein: 730 731 (1) Land development may be allowed in the Resource Protection Area only if 732 such development(i) is water dependent; (ii) constitutes redevelopment; (iii) 733 is a new use established pursuant to Subsection (13)(4) hereof; (iv) is a road 734 or driveway crossing satisfying the conditions set forth in subdivision (d) 735 hereof; or (v) is a flood control or stormwater management facility satisfying 736 the conditions set forth in subdivision (e) hereof. In addition thereto, the 737 following requirements shall apply: 738 739 (a) A water quality on;paGt assessment in aGGGrdanGe with SeGtion 107�q 740 . 741 (ba)A new or expanded water dependent facility shall be allowed provided 742 that the following criteria are met: 743 744 1. Such facility does not conflict with the comprehensive plan; 745 2. Such facility complies with the general performance standards 746 set forth in this Section; 747 3. Any non-water dependent component of such facility is 748 located outside of the Resource Protection Area; a+}d 749 4. Access to such facility shall be provided with the minimum 750 land disturbance necessary. Where practicable, a single point 751 of access shall be provided; and 752 5. Such facility does not conflict with the Virginia Beach Sea 753 Level Wise Adaptation Strategy. 754 755 (eb) Redevelopment shall be permitted in the Resource Protection Area 756 only if (i) there is no increase in the amount of imperious cover; (ii) no 757 further encroachment within the Resource Protection Area; and (iii) 758 such redevelopment conforms to applicable erosion and sediment 759 control criteria set forth in Chapter and eFmwaiosemeni 760 criteria cot forth in th N e Ctnrm��iater anagement QFdinanne [Appendix 761 DtoTappli�Gbla ste ateF FnaRagerneRt Fequ enmeRtS of all state aR- 762 federal aoennies the Erosion and Stormwater Management Ordinance 763 [Appendix DI of the Code of Virginia Beach. 764 (dc) Roads and driveways, unless meeting the exemption in section 109 of 765 this ordinance, may be constructed riot exempt from the pFayisinns of 766 in or across 767 Resource Protection Areas if each of the following conditions is met: 768 769 1. The City Manager finds that there are no reasonable 770 alternatives to aligning the road or driveway in or across the 771 Resource Protection Area; 772 2. The alignment and design of the road or driveway are 773 optimized, consistent with other requirements, so as to 774 minimize encroachment into the Resource Protection Area 775 and adverse effects on water quality; 776 3. The design and construction of the road or driveway satisfy all 777 applicable criteria of this ordinance, including submission of a 778 water quality impact assessment; and 779 4. The City Manager reviews the plan for the road or driveway 780 proposed in or across the Resource Protection Area in 781 coordination with City site plan, subdivision and other 782 applicable plan of development reviews. 783 784 (ed) Flood control and stormwater management facilities that drain or treat 785 water from multiple development projects or from a significant portion 786 of a watershed may be allowed in Resource Protection Areas, provided 787 that such facilities are allowed and constructed in accordance with the 788 Virginia Erosion and Stormwater Management Act and its attendant 789 regulations and in accordance with the following criteria:; 790 791 1. The City Manager conclusively establishes that the location of 792 the facility within the Resource Protection Area is the optimum 793 location; 794 2. The size of the facility is the minimum necessary to provide 795 necessary flood control or stormwater treatment, or both; 796 3. The facility is consistent with a stormwater management 797 program approved by the Virginia State Water Control Board 798 as a Phase I modification to the City's program; 799 4. All applicable State and Federal permits are obtained from the 800 appropriate federal and state agencies having jurisdiction; 801 5. Approval is received from the City Manager prior to 802 construction; and 803 6. Routine maintenance is performed on such facilities to assure 804 that they continue to function as designed. 805 806 It is not the intent of this subdivision to allow a best management 807 practice that collects and treats runoff from an individual lot or 808 portion thereof to be located within a Resource Protection Area. 809 810 (2) Reserved. €xemptiens is Pretestion Areas. The following 811 dmsturb'tRG86 in Resew FGe PF9ten+inn Fees shall be ovomr,+frnm +ho nritoria 812 Of thi6 Seefienprovided that they eeFnply With the i ppliGable stag ards se 813 fer+h in SeGtinn 110 (13) of this eFdi..a. Ge. 814 815 ( a tee weld 816 (b)R eatiGRfae+l ties SUGh as beardwalks, tFails and pathways; 817 a4d 818 819 820 (3) Buffer area requirements. The buffer area shall be the landward component 821 of the Resource Protection Area. Notwithstanding the existence of permitted 822 uses, encroachments, and vegetation clearing, as set forth in this Section, 823 the buffer area shall not be deemed to be reduced in width. To minimize the 824 adverse effects of human activities on the other components of the 825 Resource Protection Area, state waters, and aquatic life, a minimum one 826 hundred (100) foot wide buffer area of vegetation that is effective in 827 retarding runoff, preventing erosion, and filtering nonpoint source pollution 828 shall be retained if present and established where it does not exist. Where 829 such buffer must be established, the planting of trees shall be incorporated 830 into the reestablishment of the 100-foot buffer as appropriate to site 831 conditions and in such a manner to maximize the buffer function. Inclusion 832 of native species in tree planting is preferred. 833 834 (a) The one hundred (100) foot wide buffer area shall be deemed to 835 achieve a seventy-five (75) percent reduction of sediments and a forty 836 (40) percent reduction of nutrients. 837 (b) Where land uses such as agriculture or silviculture within the area of 838 the buffer cease and the lands are proposed to be converted to other 839 uses, a minimum one hundred (100) foot wide buffer shall be 840 reestablished. In reestablishing the buffer, management measures 841 shall be undertaken to provide woody vegetation that assures the buffer 842 functions set forth in this ordinance. The planting of trees shall be 843 incorporated into the reestablishment of the 100-foot buffer, as 844 appropriate to site conditions and in such a manner to maximize the 845 buffer function. Inclusion of native species in tree planting is preferred. 846 847 (4) Permitted encroachments into the buffer area. 848 849 (a) When the application of the buffer area would result in the loss of a 850 buildable area on a lot or parcel recorded prior to October 1, 1989, 851 encroachments into the buffer area may be permitted by following 852 review of a request for relief by the City Manager or their designee 853 adminnstFat' ,,,,r,.,.,,.o as set forth in Section 110 (B) of this ordinance 854 and in accordance with the following criteria: 855 856 1. Encroachments into the buffer area shall be the minimum 857 necessary to achieve a reasonable buildable area for a 858 principal structure and necessary utilities. 859 2. Where practicable, a vegetated area that will maximize water 860 quality protection, mitigate the effects of the buffer 861 encroachment, and is equal to the area of encroachment into 862 the buffer area shall be established elsewhere on the lot or 863 parcel. Where established, such vegetated area shall include 864 the planting of trees as appropriate to site conditions. Inclusion 865 of native species in tree planting is preferred. 866 3. The encroachment may not extend into the seaward fifty (50) 867 feet of the buffer area. 868 869 (b) When the application of the buffer area would result in the loss of a 870 buildable area on a lot or parcel recorded between October 1, 1989 and 871 January 1, 2004, encroachments into the buffer area may be permitted 872 by following review of request for relief by the City Manager or their 873 designee administrate as set forth in Section 110 (B) of this 874 ordinance and in accordance with the following criteria: 875 876 1. The lot or parcel was created as a result of a legal process 877 conducted in conformity with the Subdivision Ordinance 878 (Appendix B); 879 2. Conditions or mitigation measures imposed through a 880 previously approved variance shall be met; 881 3. If the use of a best management practice (BMP) was 882 previously required, the BMP shall be evaluated to determine 883 if it continues to function effectively and, if necessary, the BMP 884 shall be reestablished or repaired and maintained as required; 885 and 886 4. The criteria in subdivision 4 (a) of this section shall be met. 887 888 (G)--EnGFeatrhmeRtS IGGated in the variable width b uffeF aFeas r1 Fin �,J i 889 SeGt*GR 104(E3) if this eFdiRaRGe may be perrnitted by administrative 890 .,riri set feFth in SeGtien 1 1 Q(13) of this E)FdonaRGe �aa 6£�-asi�cc-rvrm-rrry �-vra�rrarrc� 891 892 (5) Permitted modifications of the buffer area. 893 894 (a) In order to maintain the functional value of the buffer area, existing 895 vegetation may be removed 896 �s sat forth in Qontion 11 G(B) of this GFdinnnro subject to the 897 approval of the City Manager or their designee, as set forth in Section 898 110 (B) of this ordinance and in accordance with the following criteria 899 and only to provide for reasonable sight lines, access paths, general 900 woodlot management, and best management practices, including 901 those that prevent upland erosion and concentrated flows of 902 stormwater, shoreline erosion control projects, or adaptation measures 903 as follows: 904 905 1. Trees may be pruned or removed as necessary to provide for 906 sight lines and vistas, provided that where removed, they shall 907 be replaced with other vegetation that is equally effective in 908 retarding runoff, preventing erosion, and filtering nonpoint 909 source pollution from runoff. Mature trees shall be preserved 910 and trimmed or pruned in lieu of removal, as site conditions 911 permit. Any mature tree removal should be limited to the 912 fewest number of trees feasible. When trees are removed to 913 provide for sight lines and vistas, and access paths they shall 914 be replaced with trees as appropriate to site conditions and in 915 such a manner as to maximize the buffer function and to 916 protect the quality of state waters. Inclusion of native species 917 in tree replanting is preferred. 918 2. Any path shall be constructed and surfaced so as to effectively 919 control erosion. 920 3. Dead, diseased, or dying trees or shrubbery and noxious 921 weeds may be removed and thinning of trees may be allowed 922 pursuant to sound horticultural practices incorporated into 923 City-adopted standards. 924 4. For sherel+ae Gentr^m pFejeets, trees and wooc., 925 vegetati9R may be F owed,neEessa,y w^TM' te^ham 926 employed, and appropriate egetation established to p.-..�....+ 927 ^vi6tAttHffize the sherreliRe in aGGGFdaRGe with the host ayail..hlo 928 teGhRiGal adViGe and —appliEahle peFMit GenditiGRG F 929 rani lira monk 930 4. Where areas to be preserved are considered to be part of the 931 stormwater management plan for that site, diseased trees or 932 trees weakened by age, storm, fire, or other injury may be 933 removed. 934 935 (b) For shoreline erosion control projects, trees and woody vegetation 936 within the footprint of the shoreline erosion control project may be 937 removed, necessary control techniques employed, and appropriate 938 vegetation established to protect or stabilize the shoreline in 939 accordance with the best available technical advice and applicable 940 permit conditions or requirements. 941 942 1. The removal of mature trees for the installation and 943 maintenance of proposed shoreline erosion control projects 944 shall only be permitted as necessary and consistent with the 945 best available technical advice, approved protect plans, and 946 applicable permit conditions or requirements. 947 948 2. Existing trees, proposed plantings, and clearing limits must be 949 shown on the Joint Permit Application and/or water quality 950 impact and resiliency assessment. 951 952 3. Trees shall be incorporated as appropriate to the site 953 conditions and project specifications. Inclusion of native 954 species is preferred. 955 956 4. Shoreline erosion control within the RPA shall be consistent 957 with the Wetlands Act (Chapter 13 Title 28.2), the Virqinia 958 Marine Resources Commission (VMRC) Tidal Wetlands 959 Guidelines which provide for "minimum standards for the 960 protection and conservation of wetlands," and "ensure 961 protection of shorelines and sensitive coastal habitat from sea 962 level rise and coastal hazard." 963 964 (c) Adaptation measures proposed for location within the Resource 965 Protection Area, shall meet the following conditions: 966 967 1. The selected adaptation measure shall be a nature-based 968 solution that uses environmental processes, natural systems, 969 or natural features identified as being appropriate for existing 970 site conditions. 971 972 2. An identified adaptation measure shall be selected from one 973 of the following sources: Chesapeake Bay program approved 974 BMP list, the Virginia Stormwater BMP Clearinghouse, the 975 VMRC Tidal Wetlands Guidelines, or be a project that is 976 eligible for funding by the Virginia Community Flood 977 Preparedness Fund Grant. 978 979 3. Adaptation measures approved for use in the RPA shall be 980 designed, installed, and maintained in accordance with the 981 applicable specifications for the selected adaptation measure. 982 983 4. Adaptation measures should be placed channelward of the 984 proposed development whenever possible and should 985 maximize the preservation of mature trees and other natural 986 vegetation to minimize adverse impacts to the RPA and to 987 maximize water quality benefits. 988 989 5. The use of fill as a component of an adaptation measure may 990 be permitted, provided it meets the following conditions: 991 992 a. The grading and slope created by the use of fill shall be no 993 greater than necessary based upon the project 994 specifications and implemented in a manner that minimize 995 the impact of run-off. 996 997 i. Slopes should be equal to or less than 8% to support 998 water quality conditions, including infiltration. 999 1000 ii. Slopes less than or equal to 5% or that convey sheet 1001 flow of velocities less than one and one-half (1.5) 1002 feet/second are preferred, to reduce runoff and tidal 1003 wave energies. 1004 1005 iii. Slopes greater or different than the above may be 1006 necessary based upon certain site conditions and 1007 adaptation measure specifications. In such instances, 1008 submittal of additional calculations and engineering 1009 plans, and assessments of the impacts of the use of fill 1010 on existing vegetation, wetland migration and water 1011 movement, both landward and channelward, in support 1012 of the proposed slope shall be required. 1013 1014 b. Fill shall have the necessary biogeochemical 1015 characteristics, including sufficient organic content, to 1016 support the growth of vegetation and adequate 1017 permeability to allow infiltration consistent with project 1018 specifications. The applicant shall: 1019 1020 i. Provide documentation specifying the proposed depth 1021 extent, and type of fill material proposed for use. 1022 1023 ii. Provide documentation that the proposed soils are 1024 compliant with the requirements governing the use of 1025 lightly contaminated soil consistent with the Virginia 1026 Solid Waste Management Regulations (9 VAC 20-81 1027 et seq.) or permitting requirements for upland 1028 placement of dredge soil, if applicable. 1029 1030 iii. Provide documentation that the newly placed fill is 1031 revegetated with multi-strata vegetation inclusive of 1032 canopy and understory trees, shrubs, and ground 1033 cover consistent with the guidance found in the Buffer 1034 Manual. Inclusion of native species is encouraged. 1035 1036 iv. Ensure that the fill area is vegetatively stabilized within 1037 seven (7) days. 1038 1039 c. The use of fill shall not exacerbate stormwater run-off. and 1040 lateral flow onto adjacent properties shall be controlled. 1041 1042 i. Appropriate erosion and sediment control and 1043 stormwater management measures shall be 1044 incorporated into the design specifications, including 1045 the establishment of positive and proper drainage. 1046 1047 ii. If the adaptation measure trippers separate stormwater 1048 management requirements, then these criteria should 1049 be considered in conjunction with those requirements. 1050 1051 iii. Larger scale adaptation measures may require the use 1052 of stormwater calculations to ensure these criteria are 1053 met. 1054 1055 iv. Any impacts on the management of stormwater upland 1056 of the Resource Protection Area created by the use of 1057 fill shall be mitigated, as necessary. 1058 1059 d_. The use of fill for an adaptation measure shall not 1060 negatively impact septic systems and drainfields located 1061 within the RPA. Where present, the proximity of the 1062 adaptation measure using fill should be considered such 1063 that the fill will not interfere with the proper function or 1064 maintenance of either of these features. 1065 1066 e_. The use of fill shall be consistent with any applicable local, 1067 state, or federal floodplain requirements including 1068 regulations found in Title 40 CFR Part 60. The allowance of 1069 fill under these provisions does not negate those 1070 independent requirements. 1071 1072 6. The preservation of existing natural vegetation shall be 1073 maximized, including mature trees, and land disturbance 1074 _consistent with design specifications shall be minimized. 1075 1076 7. Adaptation measures shall comply with all federal, state and 1077 local requirements, including any required permits and 1078 conditions such as the need for a Water Quality Impact 1079 Assessment. 1080 1081 8. Nothing in these provisions shall be construed to authorize 1082 approval or allowance of an adaptation measure in 1083 contravention of floodplain management requirements set 1084 forth in the Flood Plain Ordinance [Appendix Kl of the Code of 1085 Virginia Beach. 1086 1087 (bd) On agricultural lands, the agricultural buffer area shall be managed to 1088 prevent concentrated flows of surface water from breaching the buffer 1089 area, and appropriate measures may be taken to prevent noxious 1090 weeds from invading the buffer area. Agricultural activities may 1091 encroach into the buffer area as follows: 1092 1093 1. Agricultural activities may encroach into the landward fifty (50) 1094 feet of the buffer area if at least one (1) agricultural best 1095 management practice is being implemented on the adjacent 1096 land and such best management practice, in the opinion of the 1097 Virginia Dare Soil and Water Conservation District board, 1098 addresses the predominant water quality issue (either erosion 1099 control or nutrient management). In such cases, the 1100 combination of the undisturbed buffer area and the best 1101 management practices shall achieve water quality protection, 1102 pollutant removal, and water resource conservation at least 1103 the equivalent of the minimum one hundred (100) foot buffer 1104 area. If nutrient management is identified as the predominant 1105 water quality issue, a nutrient management plan, including soil 1106 tests, must be developed consistent with the VmFgiRia Nutrient 1107 Management Training and Certification Regulations (4VAG5- 1108 4-54VAC50-85) administered by the Virginia Department „f 1109 . 1110 2. AgFiGUItyral activities may enGFE)aGh :;thin t d,.,.,F 1111 seven+v_fiye (75) foot of the bluffer area when 61ItuFal be- t V I,YVIIt 1112 m aeag ern en t r, es h ivG h ad d Fess ers� Ee n t„-crv�, 1113 1114 0mplemeeted OR t;e—adjaeeRt land. The—eFoSiOR GG t 1115 practices must pFeVeRt eresion from eXGeeding the s„il loss 1116 tolerance-level, efeFFed to as "T," as defi.ped On the" ati„n.. 1117 gsaaSurvey Handbook" of Plevemh��9✓6 in the "Field-C % 1118 Technical Guide"oftha I�z epaFtmes# ef Agri^I IIse 1119 Natural Re6euFGe—Cerasen anon SerV.Ge. n nutFieat 1120 ma n ag ementpla R, i R GaHd1Rg 6Pi I-testsmust be d euekepe� 1121 isfeet With the Virgiria--NutFfent MaRagernen iniRg 1122 1123 1124 Gefl}6FGt�$R ivi+h the r ininn ilgdistuFbed Portion of +he 1125 bluffer area, this roller+inn of hest management PFaGtises sha 1126 be pFes'trmed to -ar--hrr ye `"later quality pretentLn At leAst +he 1127 1128 feet hI fier-Tern.Agricultural activities may encroach within the 1129 landward 75 feet of the 100-foot wide buffer area when 1130 agricultural best management practices which address 1131 erosion control, nutrient management, and pest chemical 1132 control, are being implemented on the adjacent land. The 1133 erosion control practices must prevent erosion from 1134 exceeding the soil loss tolerance level, referred to as "T," as 1135 defined in the "National Soil Survey Handbook" of November 1136 1996 in the "Field Office Technical Guide" of the U.S. 1137 Department of Agriculture Natural Resource Conservation 1138 Service. A nutrient management plan, including soil tests, 1139 must be developed, consistent with the Virginia Nutrient 1140 Management Training and Certification Regulations 1141 (4VAC50-85) administered by the Virginia Department of 1142 Conservation and Recreation. In conjunction with the 1143 remaining buffer area, this collection of best management 1144 practices shall be presumed to achieve water quality 1145 protection at least the equivalent of that provided by the 100- 1146 foot wide buffer area. 1147 3. The buffer area shall not be required to be designated 1148 adjacent to agricultural drainage ditches if at least one (1) best 1149 management practice which, in the opinion of the Virginia 1150 Dare Soil and Water Conservation District board, addresses 1151 the more predominant water quality issue on the adjacent land 1152 (either erosion control or nutrient management) is being 1153 implemented on the adjacent land. 1154 1155 (6) Water quality *FnpaGt asse6srnent. A wateF quality uFnpaGt asse66ment shall 1156 be-FequiFed for aRY pmpesed lard d istu pba eGe, develepmeRt OF 1157 redevelepment With�,iR the PeseuFEe-P-reteGtio^ Area ee„s;ste„t with thi6 1158 Sect+eaed for any ether deuelepf sRt ira Chesapeake Bay DFeseF alien 1159 Area- that may warra„SeGh as:eSsmeat beeauoff the ---n, 1160 GhaFasteristiEs ef the site�rtensity of the nrepesed use orded lopmeRT 1161 1162 (a) he PUFPe e water lira, iFnpa r m t is to irl�n�'f rho .�po�e-eft#a �t+a„�-„��c�as.�esr,>.,TenT,Ta� 1163 imnants of pmpesed development en water quality and lands within ��Nuva.a 1164 Reseurne Drntention Areas nensistent with the goals and ebjeotia,es of 1165 the AGa n d this erdiRaRGe, aR d tE-) deteHniRe speGifiG FneasuFes fef 1166 mitigation of these irnpants 1167 (b) The as rater quality impact assessment shall he of sUAGient snenifirity to 1168 demen&ate nnmplianre With the nriteria of this nriJinanne 1169 (G) Water quality imnant assessment shall he underta Len in aaaerdanne � v va"cc. ..�.........� ....�........�. a..a.a.,.�..........,..a .....a.... .ry u a.a awvvv arcar-rvr, 1170 with the requirements set forth in SeGtlon 107(G) of this erdinanne 1171 1172 (6) Water quality impact (WQIA) and resiliency assessments as set forth in 1173 Section 105 of this ordinance shall be required for any proposed land 1174 disturbance, development, and redevelopment during the plan of 1175 development or other project review process in the RPA. The resiliency 1176 assessment shall be submitted as part of the WQIA 1177 1178 (C) Buffer restoration standards. The following standards shall apply in cases in 1179 which buffer restoration is required pursuant to the provisions of this Ordinance 1180 as a result of development within a Resource Protection Area: 1181 1182 (1) For new impervious cover: 1183 1184 (a) Buffer restoration of an area equal to two (2) times the proposed 1185 impervious cover in the Resource Protection Area shall be provided. 1186 The City Manager, their designee, or Board, as the case may be, shall 1187 allow a lesser area of buffer restoration if the property owner 1188 demonstrates that site conditions or limitations StRIGtiiral treatment 1189 metheds are such that a lesser buffer restoration area will adequately 1190 protect water quality; 1191 (b) Buffer restoration shall contain the full complement of vegetation that 1192 includes shade trees, understory trees shrubs and ground cover, 1193 whether the ground cover is vegetation, leaf litter, or mulch consistent 1194 with the guidance found in the Buffer Manual. 1195 (bc) Pool water surface, decks, pavers and gravel driveways shall be 1 196 considered impervious for buffer restoration calculations; 1197 (G) IR accordisRGe�nipo_ith the ViFgiRia Departrnp_nt of (Qnneoni +inn n 1198 ReEreatien, Chesapeake Bay LeEa1 Assis Ge "Riparian Buffer& 1199 MedifiGation & Mitigation Guidance Manual, 2003, Reprinted 2006, and 1200 all further ameRdments theFete and -edi+,�, s hereof (Guidarnee 1201 Manual), in order for the hi,ffor to fil m+inn intended if shall Gent in 11_11202 the fuill nomnlemont of vegetation that includes shade trees Unrderstepy 1203 trees, shrubs, and Fever, whether the ground eever 4S 1204 vegetetiOR, leaf litter, OF mUlGh—The—eeMpOSit+eR of the h#er 1205 restoration area shall be-per pendix D, Table A of the Ga;daRGe 1206 Manual 1207 (d) Salt and flood tolerant plant species shall be planted below the five-foot 1208 contour to ensure greater survival of the plantings; 1209 (e) Trees shall not be planted within fifteen (15) feet of the shoreline where 1210 such planting would result in marsh shading or interference with the 1211 integrity of shoreline structures; and 1212 {f) Buffer resteratiOR shall be Ieeated in the ReseurGe DFE)teGt*eR Area, 1213 iRGIUding on areas eGGHpied by turf or where 1214 removed.e the extent pessible-su4h resteratieR shall be-leeetedkn 1215 the fifty feet seaward PGOien c)f IhP_ buffer. The City MaRager may 1216 require a site-evaluation to determmRe the ti^n nd extent of 1217 veg etatien „eeded to meet this requirement where speGifiG site 1218 vvnditiens warrant innlu dine hilt not limited to the nresenno of Steer, 1219 slepes and ovictiRg vegetation ronOmmenrde d for buffers in AppeR div 1220 1221 (gfl All trees, plants and groundcover, required as buffer restoration shall 1222 be maintained and not removed or allowed to revert to turf. 1223 1224 r walls, 1225 disturbswhere GenStrrn+ianr ve et +inn in the ResncrGe ProteGtieR 1226 1227 that trees shall Ref be plaRted within fifteeR (15) feet of the sheFeliRe where 1228 `unh planting WeUld result in march shading OF intorfereRG8 with the intonrifii __. ._.._. .,.... ... ........,.. ...,...u...y .....,,. may, y 1229 of shoreline ctr . 1230 1231 Sec. 107. Plan of development process. 1232 1233 Any development or redevelopment in the Chesapeake Bay Preservation Area 1234 shall be accomplished through a plan of development process consistent with Section 1235 15.2-2286(8) of the Code of Virginia. Approval shall be rendered for a plan prior to 1236 commencement of any land-disturbing activity on site or the issuance of any building 1237 permit. Plans and information required under this section may be coordinated or 1238 combined as deemed appropriate by the City Manager or their designee. All information 1239 required in this section shall be drawn to the same scale as the preliminary site plan or 1240 final subdivision plat; and certified as complete and accurate by persons duly licensed by 1241 the Commonwealth of Virginia to practice as such. Any applicant, or potential applicant, 1242 may confer with such departments and other agencies of the city as may be appropriate 1243 concerning a general development or redevelopment proposal before submission of an 1244 application. Such conference shall not be construed as an application for approval of such 1245 proposal. 1246 1247 (A) Gene-,aP/an of development process having a construction footprint 1248 exceedinq two thousand five hundred (2,500) square feet in a Chesapeake Bay 1249 Preservation Area. Except as otherwise provided herein, the plan of 1250 development process for any development or redevelopment in a Chesapeake 1251 Bay Preservation Area, except development or redevelopment requiring an 1252 administrative variance pursuant to Section 110(B), shall consist of the plans 1253 and information identified below: 1254 1255 (1) A site plan or a subdivision plat which meets the requirements of the Site 1256 Plan Ordinance f{Appendix C)l or Subdivision Ordinance j{Appendix B}L 1257 the Code of Virginia Beach, as the case may be, and which clearly 1258 delineates the following environmental features: 1259 1260 (a) The components of the RPA and RMA boundaries as identified during 1261 the site-specific CBPA determination conducted pursuant to Sec. 1262 102(B) of this ordinance, and the location of the following features: 1263 1264 {e14 Tidal wetlands; 1265 {b2.) Tidal sheFe Nontidal wetlands connected by surface flow and 1266 contiguous to water bodies with perennial flow; 1267 3. Tidal shores; 1268 4. Water bodies with perennial flow; and 1269 1270 •, the IGGatinn and extent of Whinh 6hall be determined 1271 In annerdaRGe with the PFGGedUFes specified in the United States GeFp s 1272 of CngineeF6' Wetle�elineatien Maul, TeehR,Gl Report v 87 1, cr r-cn �,r�r��.�v c:T 1273 daRuaFy1987, Final Report, and the Regional Supplement to the AFR,y 1274 GG pS of €RgineeF6 Wetland Delineation Manual; lan+ir__ and Gud 1275 Coastal Plain Region €RnG��T,R1020 a6 FeStFin+edby SeGtian1 1276 of fhie (1rrJinanno• 1277 (d) Highly eredible-soils;-a;d 1278 {e5.) A buffer area not less than one hundred (100) feet in width 1279 and located adjacent to and landward of the components 1280 listed above.-- 1281 1282 -Iand GG ised of highly eFedible s„„T 1283 2. ARY Iand adjGiRiRg tidal wet#aRGIS tidal s Gres, RGRtidal 1284 wetlaRGIS OF highly eFOdihlo seilj; a-Rd 1285 1286 Perennial flow 1287 1288 (2) A landscape plan which delineates or complies with the following: 1289 1290 (a) The location, size, and description of existing and proposed plant 1291 material. All existing canopy trees and understory trees on the site of 1292 six (6) inches or greater diameter at breast height shall be shown. 1293 Where there are groups of trees, stands may be outlined instead., 1294 except for mature trees, which shall be individually identified. The 1295 location and specific number of mature trees, canopy trees, and 1296 understory trees to be preserved on the project site shall be indicated 1297 on the plan. Mature trees, canopy trees, and understory trees and other 1298 vegetation to be disturbed or removed to create a desired construction 1299 footprint shall be clearly identified. Mature trees shall be protected 1300 during development and only removed where necessary, including to 1301 provide for the proposed use or development. The speGifi,. number of 1302 GUGh trees to he nresewed outside or within the ronetn Untion fo„tnrint 1303 shall be indicated OR the pI�Fees-and-plaRtstsbe-�'�uFbed or 1304 remeyedte sreate a desired Gertstr� +Print Shall he 1305 Belied- 1306 1307 (b) A description of the proposed measures for mitigation shall include (i) 1308 a replanting schedule for trees and other vegetation removed for 1309 construction, including a list of plants and trees to be used; (ii) a 1310 demonstration that the design of the plan will preserve to the greatest 1311 extent possible mature trees, canopy trees, understory trees any trees 1312 and vegetation on the site and will provide maximum erosion control 1313 and overland flow benefits from such vegetation; and (iii) a 1314 demonstration that evicting Plants are to he used to the greatest extent 1315 pessible. A demonstration that where the planting of new trees or 1316 vegetation is required, native species will be used to the greatest extent 1317 possible. If no mitigation or planting is required, existing trees may be 1318 delineated on the site plan or subdivision plat. 1319 1320 (bc) A delineation of any required buffer area and specification of any plant 1321 material to be added to establish or supplement the buffer area. Trees 1322 should be used for mitigation and supplementation of the buffer area to 1323 the extent practicable and as appropriate to the site conditions and 1324 project specifications. Native species will be used to the greatest extent 1325 possible. 1326 1327 (sd) Within the buffer area, identification a desi^nati^^ of the trees to be 1328 removed for sight lines, vistas, access paths and best management 1329 practices, and specification of any vegetation replacing trees to be 1330 removed from the buffer area. 1331 1332 (de)A designation of the trees to be removed for shoreline erosion control 1333 stabilizatieri projects and any replacement vegetation. Mature trees 1334 shall be preserved and trimmed or pruned in lieu of removal as site 1335 conditions permit. Any removal of mature trees should be limited to the 1336 fewest number of trees feasible. 1337 1338 (efl A depiction of grade changes or other work adjacent to trees which 1339 would adversely affect them. Specifications shall be provided as to how 1340 grade, drainage, and aeration would be maintained around trees to be 1341 preserved. Specifications shall also be provided for the protection of 1342 existing trees and vegetation during site work and all phases of 1343 construction. 1344 1345 (fg) A description of the limits of clearing of existing vegetation, based on 1346 all anticipated improvements, including buildings, drives, and utilities, 1347 and Spe^ifi^ati^ns fpr the nretentinn of existing trees dUFin^ ^learinn r-_...v...a........ .a.. a N�vwvuv�� existing arva� , 1348 1349 1350 (gh)All supplementary or replacement plant materials shall be in a healthy 1351 condition. Plant materials shall conform to the standards of the most 1352 recent edition of the American Standard for Nursery Stock, published 1353 by the American Nursery and Landscape Association, and shall be 1354 installed according to standard planting practices and procedures. 1355 1356 (#i) Where areas to be preserved are encroached upon, replacement of 1357 existing trees and other vegetation shall be achieved at a ratio of three 1358 (3) trees planted to one (1) tree greater than six (6) inches diameter at 1359 breast height removed, or by such other measures as in the judgment 1360 of the City Manager will adequately compensate for the removal of such 1361 trees and other vegetation. Replacement trees shall be a minimum two 1362 (2) to two and one-half(2'/2) inches caliper at the time of planting. 1363 1364 (3) An erosion and sediment control plan and stormwater management plan 1365 meeting the requirements of the provisions of the Erosion and Stormwater 1366 Management Ordinance, [Appendix DI of the Code of the City of Virginia 1367 Beach. GGnta+n+ng maps, har#s, gFaph6, tables, nh^tegFaphs narrative 1368 dessripiiGRG, explplaRat+ens-arrdGann TefereRGes. At Minimum the 1369 stormwater management plan shall nentain the fbll^unng• 1370 1371 1372 1373 (b) Preeed6iFes fGr nansstFuGtural stormwater eentFe 1374 prertiGes and tenhnique- 1375 1376 (G) A IeRg-term SGhedule-for inspeGtiGR and mainteee of stermw ter 1377 management GGRSisteRt with the StoFmwater Management Ordinance 1378 (AppeRd+x B}- 1379 1380 1381 the City Manager to ensure proper maintenaRGUe A-f host manageMent 1382 praGtiGes in vrdeF to GGRt'Rue their funrtIORS. 1383 1384 1385 loadings with supporting dGGUmentation of all utilized Goeffinient -;;Ad 1386 eaGulatfens as OUtliRed n�rr the-StermwateF Management (lr nGe 1387 [Appendix El 1388 1389 (f) For stermwater management fa ilit,�, verifaGaTien C)f StFUGtural 1390 SeURdRess, whiGh shall be Gert+fied by a pre#ess'GRal eRgineeF. A4 1391 engir1eerirrg GalEuIatieRS shall s a "�.,- performed iR accerdanee with the 1392 Dublin Works Design St-+RdaFds MaRwal and the GUrrent erdit'en of the 1393 ViFgiRia Stermwater Management Handbook and Virginia Bea 1394 1395 1396 (g) Such additional elements as are required t-te be Ge„ained OR a 1397 1398 1399 1400 (4) !fin eresien a � tFel plan meeting the requiFem�� n�c n d sediment n� r �r.- 1401 ens# AFtiGle III of Chapter 30 of the Cede of the Cityef Virginia1402 . A water quality impact 1403 assessment (WQIA) and resiliency assessment for any development 1404 redevelopment and associated and disturbance within the RPA per Section 1405 105 of this ordinance. 1406 1407 (B) Aelmipistrative van.ape;° plan of development r-o .ems Plan of development 1408 process for projects having a construction footprint less than two thousand five 1409 hundred (2,500) square feet in a Chesapeake Bay Preservation Area. Except as 1410 otherwise provided herein, the plan of development process for any use, 1411 development or redevelopment in a Chesapeake Bay Preservation Area 1412 rei1 iirinn n administrative„eriaRGe shall consist of a physical survey or site plan 1413 meeting the applicable requirements set forth in Sec 4(A) and 4(B) of the Site 1414 Plan Ordinance [Appendix Cal of the Code of Virginia Beach, Unless deemed 1415 unneressaFy by the Git„ MaRager, which shall contain the plans and information �� .vim. 1416 identified below: 1417 1418 (1) Limier e#wand dictwbaRno and Of mearinn grading, anGess, ays 1419 and staging areas 1420 1421 1422 areas inolUding reserve areas and the Innatien of all existing and pmpeserd 1423 wells anal utilities 1424 1425 (3) LGGatT,falT rncinn and sediment nnntrnl deyies. 1426 1427 (4) Arstatement that eXGavatien material frets GeRStFaGtion shall he dis;E)sed E 1428 in a lawful manner. 1429 1430 (5) The teal ameURt of impervious surfaee prepesed fer the sate. 1431 1432 (6) SFesi#isatieRs for the nretection of exis}�tFees and vegetation during 1433 Glearinn granting and all phases of n n+r„n+iar 1434 1435 (7) Revegeta#ion sehedLA!e. 1436 1437 (9) Best ranagemeRt prast+ees. 1438 1439 (9)—Evldenr-e-that all annlirahle wetlands permits Fcgi red by law have been 1440tain ohtainod prier to aii}hnriza+inn of nrarlinn nr ether en site artiVitinc shall be 1441 previded- 1442 1443 (1 0) ldentifi`.a}inn of the ResewGe RrnteGt'en Area 1444 1445 (1) The components of the RPA and RMA boundaries as defined in subsection 1446 (A)(1) above. 1447 1448 (2) A landscape plan as described in the subsection (A)(2). 1449 1450 (3) An erosion and sediment control plan meeting all applicable provisions of 1451 the Erosion and Stormwater Management Ordinance (Appendix DI of the 1452 Code of Virginia Beach. 1453 1454 All such plans shall be required unless deemed unnecessary by the City Manager 1455 or their designee. Additional information shall be requested and reasonable and 1456 appropriate conditions shall be imposed by the City Manager or their designee, if 1457 necessary, to preserve the purpose and intent of this Ordinance. 1458 1459 (C) Water quality impact assessment and resiliency assessments. Water quality 1460 impact and resiliency assessments as set forth in Section 105 of this ordinance 1461 shall be required for proposed land development during the plan of development 1462 or other protect review process in the RPA. The purpose E)f a water quality impact 1463 assessment is te: (i) identify the petentially adverse impaGtS of pFepese 1464 development 9R wafer quality and .1-ARds viithriR Chesapeake Bay Preservation 1465 AFeas; (+i) eRSUFetha#, where use, develepmeRt or Feaeol�rte+ takeslGe 1466 within Chesapeake Raw Preservation Areas it will he Ioeaterd on these nor+ion v,,�..vuN , 1467 1468 Rese„ % DreteGtie,n Areas and other sensitise Ianvds' and (iii) sneGify means to 1469 aveid, ramieFmize er mitigate thempaGtS of development. fler , ter quality 1470 +pre,� ^tee ien. 1471 1472 A water qualityimpaGt assessment shall be required (i) for any use, land 1473 1474 1475 110 of, this RGe; e where a water quality -assessment is 1476 deemed neGessaFy by the City Manager to eva-h ate the petential impaGtS of the 1477 use,deyetonment or redevelopment upon � ater quality er Reseume PFete^tieR -'-'-r��v„a.., ,..,.w.� vN,,,�„� uNv„ uw, Muuna}r 1478 Area by reason of the unique GharaGteriSt+Gs ef the site or the intensity of the 1479 propesevd use er vdeyelepmen+ 1480 1481 ment. The water quality _- _1- 1482 +mpaet,assessment for any administrative „aFian(y�shall inGlu de atc 1483 dFawing-te sEalewh,,,eh skre�nrs-the fell g unless lene1 (1) er mere ieh 1484 elements shall, OR the jadgMept of the City not be reasonably 1485 necessary on determiRiRg the imFaGt of the proposed use development er 1486 redevelopment 1487 1488 (a) oeotion of the eemnenents of the ReseuFGe Droteetien Area, inel„dinn \u7 .......�� ..� u,.a ..... ,p..v„�a„w u,vim. vav�. , 1489 the buffer area 1490 ) LGGat+en and nature proposed development rote the buffer-area, 1491 Gl„vdine• type of paving material; areas of^lel+rinn er gra ding; leGatien 1492 of any str-aGtHres, droves r er ether per ietIS Geve;;-and sewage 1493 vdispesal systems or reserve vdrainfielyd sites 1494 (GType and le Eatien of prepesed hest management practices. 1495 1496 (2) The fOPGWiRg elements shall be iRduded OR a water quality assessment fe 1497 allies,deve'GpFne;; or redevelopment WhiGh .de net satisfy the 1498 equiiernents feF an administrat«varFan^e, Unless one (1) or more sUGh 1499 eaementsrshall, in the judgment efthte Gitty Eger;-nettle reasonably 1500 ReGessaFy in deteYcrminTiiRg th�rpu^+ of the prepesed development yr 1501 redevelopment: 1502 1503 (a) A caT .delineation of enviranmental features��et fer-thin SeGtiqR �v',r,, ,c 1504 107(0)(I) of this Qrdinanee• 1505 (b) ArlandSGape plan as set fee�vrnh in veeGtien 107(A)(2) of this Orrd'nanGe; 1506 �e\ 4 stermwa+er management plan set forth in Ceetion 107(A)k3\ of+his �...�. . �-r-roourcr-rrraiT�ry�c,rrcrn�raTra's�c�vrm-rrr�ccrr 1507 QrdinaRGe; and 1508 (d) A naFFati � 1509 1510 1, DeSGF*be6 the existing Znnnnraphy, soil inform•++inn innll lrJinn 1511 1512 surfaGe and nreun water y drele y w nn +he site •+nrI � � 9r-�e#�a r�ds� , 1513 if IIV neressaFy1 drainage patterns from adjacent lands; 1514 2. [DeSGFibes—+the impacts of the FE)pesed—dew I�.OpMT t Gn 1515 1516 site a land 1517 3 .e6sr;", pote^+i. P Fse ffimpaGtS eR wetla„dsi 1518 1519 eXGayatinn ..nrd fill mp+erini- 1520 5. lRdisates;for a as#+ui+y, the IGGation of 1521 and potential -d.e.se—ar:npacts UPnn shellfish beds, 1522 submerged aquatiG renetatlnn enrd fish spawning aR d nuF enr 1523areasi 1524 o. Lists all-fedeFal sta+gin l permits FequiFed fer the 1525 development of the-site;and fl sGrihes the pmpeserd mitigation measures for the petential 1527 1528 1529 (D) Performance and bonding requirements. 1530 1531 (1) No approved plans required by this Section shall be released until the 1532 applicant provides performance bonds or other form of surety acceptable to 1533 the City Attorney, provided, however, that when the occupancy of a 1534 structure is desired prior to the completion of the required landscaping, 1535 stormwater management facilities, or other specifications of an approved 1536 plan, a building permit and certificate of occupancy may be issued if the 1537 applicant provides to the City of Virginia Beach a form of surety satisfactory 1538 to the City Attorney in an amount equal to the estimated cost of construction, 1539 related materials, and installation costs of the required landscaping or other 1540 specifications and maintenance costs for any required stormwater 1541 management facilities. 1542 1543 (2) All required landscaping shall be installed as approved by the end of the 1544 first planting season following issuance of a certificate of occupancy or the 1545 surety shall be forfeited to the City. 1546 1547 (3) All required stormwater management facilities or other specifications shall 1548 be installed and approved within eighteen (18) months of project 1549 commencement. Should the applicant fail, after proper notice, to initiate, 1550 complete or maintain appropriate actions required by the approved plan, the 1551 surety may be forfeited to the City, which may also collect from the applicant 1552 the amount by which the reasonable cost of required actions exceeds the 1553 amount of the surety held. 1554 1555 (4) After all required actions of the approved plan have been completed, the 1556 applicant shall submit to the City Manager a written request for a final 1557 inspection. If the requirements of the approved plan have been completed, 1558 such unexpended or unobligated portion of the surety held shall be refunded 1559 to the applicant or terminated within sixty (60) days following the receipt of 1560 the applicant's request for final inspection. 1561 1562 (5) Prior to the issuance of any grading, building or other permit for activities 1563 involving site development activities, the applicant shall furnish to the City a 1564 reasonable performance bond, cash escrow, letter of credit or other legal 1565 surety, or any combination thereof acceptable to the City Attorney, to ensure 1566 that measures may be taken by the City, at the applicant's expense, should 1567 he fail, after proper notice, within the time specified, to initiate or maintain 1568 appropriate conservation action which may be required of him as a result of 1569 his site development. 1570 1571 Sec. 108. Nonconforming buildings and structures. 1572 1573 (A) Any use, building or structure which lawfully existed on the date of adoption of this 1574 ordinance and which is not in conformity with any one (1) or more of the provisions 1575 of this ordinance, and any use, building or structure which lawfully exists on the date 1576 of adoption of any amendment to this ordinance and which is not in conformity with 1577 such amendment, shall be deemed nonconforming. 1578 1579 (B) Nothing in this section shall be construed to prohibit the reconstruction or restoration 1580 of any nonconforming building or structure which is destroyed or damaged by reason 1581 of casualty loss, provided that the area encompassed by such building or structure, 1582 as reconstructed or restored, is not extended or enlarged. 1583 1584 (C) A principal structure on a legal nonconforming lot may be modified or expanded 1585 under the dmenisfra#+ve `F,aF;Ge exception procedures of Section 110(B) of this 1586 Ordinance provided that: 1587 1588 (1) There-ise neinasit GGWFGe pellutaRt lead; and The finding as 1589 required in 110(H) of this ordinance are met. 1590 1591 (2) Any development 9F land diszurbaRGe eXGeed.ng two thousand five hundFed 1592 (2,500) squaFe foot nmmPlioc w**h aW orncinn anal �oiJimont rnntrnl roni iiromontc 1593 This provision shall not apply to accessory structures. 1594 1595 Sec. 109. Exemptions. 1596 1597 (A) Exemptions for publi^ fanilitioo rail roads, public utilities, and public facilities. 1598 1599 k4-} Construction, installation, operation and maintenance of electric, natural gas, 1600 fiber optic, and telephone transmission lines, railroads, public roads and their 1601 appurtenant structures in accordance with (i) regulations promulgated pursuant 1602 to the Virginia Erosion and Sediment GentFel Law (Code Of ViFgiRia, Ser-Amen 1603 62.1-44.15.51 et spry.) and the Stormwater Management Act (Code of Virginia, 1604 Section 62.1-44.15:24 et seq.); (ii) an erosion and sediment control plan and a 1605 stormwater management plan approved by the Virginia Department of 1606 Environmental Quality; or (iii) leGa-1 w ateF quality "rite Fia at least as stFinncn4 a 1607 the 6tate Fequiremen+cc will be deemed to be exempt from the provisions of this 1608 Ordinance, provided such facilities and appurtenant structures comply with all 1609 requirements of 1610 1611 -nts of this nrdinanGe aR the Erosion and Stormwater Management 1612 Ordinance j(Appendix D)J of the Code of Virginia Beach. Exemptions for public 1613 roads shall also be subject to the following conditions: 1614 1615 (a) The road alignment and design are optimized and consistent with other 1616 applicable requirements to prevent or otherwise minimize (i) 1617 encroachments into Resource Protection Areas and (ii) adverse effects on 1618 water quality. 1619 1620 (b) Such appurtenant structures shall include, but are not limited to, bridges, 1621 guard rails, lighting and traffic-control devices, fences and berms. 1622 1623 (2c) Roads or driveways not exempt from the provisions of Section 109(A)(1) 1624 may be constructed in or across Resource Protection Areas OR aGGGFdaRGe With 1625 1626 1627 (3) Construction, installation and maintenance of water, sewer, cable and natural 1628 gas lines and steFm draiRs, and their appurtenant facilities, owned or permitted 1629 by the City, a licensed public utility or a regional service authority, that are an 1630 essential but incidental component of public water and sewer projects, shall be 1631 exempt from this ordinance provided that: 1632 1633 (a) To the degree practicable, the location of such utilities and facilities shall be 1634 outside Resource Protection Areas; 1635 1636 (b) No more land shall be disturbed than is necessary to provide for the 1637 proposed utility installation; 1638 1639 (c) All construction, installation, and maintenance of such utilities and facilities 1640 shall comply with all applicable state and federal requirements and permits 1641 and shall be designed and constructed in a manner that protects water 1642 quality; and 1643 1644 (d) Any land disturbance exceeding an area of two thousand five hundred 1645 (2,500) square feet complies with all requirements of Article 3 of Chapter 30 1646 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 1647 30-78). 1648 1649 �B-j Exemptions for silvicultural activities. Si'VOGUltuFal aGti ,;ties shall be exempt fFGFn the 1650 requiFements ef this er-dinanGe provided that 66IGh aGtivitieS GGrnply with wateF quality 1651 1652 1997 edition of the "Forestry 1653 Teehnical G ""Silvicultural activities in Chesapeake Bay Preservation Area are 1654 exempt from this chapter provided that silvicultural operations adhere to water quality 1655 protection procedures prescribed by the Virginia Department of Forestry in the Fifth 1656 Edition (March 2011) of"Virginia's Forestry Best Management Practices for Water Quality 1657 Technical Manual" or subsequent version. The Virginia Department of Forestry will 1658 oversee and document the installation of best management practices and will monitor in- 1659 stream impacts of forestry operations in Chesapeake Bay Preservation Area. 1660 1661 (C) Exemptions for passive recreation facilities and archaeological activities. The 1662 following land disturbances in Resource Protection Areas shall be exempt from the criteria 1663 of this Section provided that they comply with the applicable standards set forth in Section 1664 110 (B) of this ordinance (i) water wells, Oi) passive recreation facilities such as 1665 boardwalks, trails and pathways, (iii) historic preservation and archaeological activities 1666 provided that they comply with subsection 1 and 2 of this subdivision. 1667 1668 (1) The plan of development process review set forth in Section 107 of this 1669 ordinance; 1670 (2) An erosion and sediment control plan meeting all applicable provisions of 1671 the Erosion and Stormwater Management Ordinance [Appendix DI of the 1672 Code of Virginia Beach. 1673 1674 (D) Exemptions for living shorelines. Living shorelines, as defined in section 28.2- 1675 104.1 of the Virginia Code shall be exempt from the requirements of Section 1676 106(B), including the requirements of a water quality impact and resiliency 1677 assessment set forth in Section 105 of this ordinance if the City Manaqer or their 1678 designee otherwise approves of the project, determines the project minimizes land 1679 disturbance and maintains or establishes a vegetative buffer inland of the living 1680 shoreline, complies with the fill conditions in Section 106(B)(5)(c) and receives 1681 approval from the Virginia Marine Resources Commission approved Shoreline 1682 Protection Strategy in accordance with the Tidal Wetlands Guidelines or the local 1683 wetlands board as applicable. 1684 1685 Sec. 110. Variances and exceptions. 1686 1687 (A) General requirements. Applications requesting relief from ally of the 1688 provisions Section 106, Performance Standards of this ordinance shall be made in 1689 writing and filed with the City Manager or their designee. Relief from Section 106(A), 1690 General performances standards for development or redevelopment requires review 1691 by the City Manager or their designee whereas relief from Section 106(B) 1692 Development Criteria for Resource Protection Areas requires review by the Board. 1693 Su-e�Applications for both shall identify the following: 1694 00 V-Ari-ARGe E)n wateF quality and on lands wi hi.. Hh- R--- — P toon Area 1695 1696 the PFGVisions of this eFdonan^e 1697 1698 (1) The proposed project and the specific performance standards from which the 1699 applicant is requesting relief, and a description of the reason or need for relief. 1700 1701 (2) No application for relief from Section 106 of this ordinance shall be considered 1702 complete where a water quality impact and resiliency assessment, as outlined in 1703 Section 105 has not occurred or the proposed adaptation measure allows for fill 1704 in the RPA in contravention to the requirements of subsection 106(B)(5)(c) of this 1705 ordinance. 1706 1707 (B) A&444stFaffige Exceptions. The City Manager or their designee shall 1708 approve or deny any request for an exception pursuant to the 1709 criteria set forth in Section 106(A) of this ordinance a„-administrative „aria^se after 1710 receipt of a complete application. 1711 1712 Exceptions may be granted only for 1713 uses, development or redevelopment described in Section 106(A) unless otherwise 1714 identified in the-ordinance.-. 1715 1716 1717 1718 1719 1720 1,989 and janwaFy 1, 2004 wheFe annliga+lon of the buffe{-, Fequ}KemeRt WeUld 1721 result in the loss of a builrtahle lot and moot the griteria enumerated; 1722 1723 (3) Seotinn 106(g) (5) for sight lines aGGess paths neneFal woodlot MaRanement 1724 'end hest management nr'+ntiGe • anit 1725 1726 . 1727 1728 (1) The review process for exceptions shall be as set forth in Section 107 of this 1729 ordinance as applicable to the request. No request for an exception adwninistrateve 1730 vaFianGe to the requirements of Section 106(A) shall be granted under this subsection 1731 unless the City Manager or their designee makes all of he findings required in subsection 1732 (H) hereof. 1733 in effegtuating the intent of this erltinange 1734 1735 (a) In approving an application, Tthe City Manager or their designee shall, if 1736 warranted, include additional reasonable and appropriate conditions that will prevent the 1737 degradation of water quality. The City Manager or their designee shall record both the 1738 request and #+s the administrative decision in a public access file to be maintained for 1739 one (1) calendar year. The plan of develenmenf pFeness fnr Fevie w of administFative 1740 ^rinnne re`chests shall he as set forth in Sentien 107 (B) of this nrdinanGe 1741 I. � .. 1742 The applicant shQ1' Gdl- se to be posted on the prFpe Fty whinh is the subjenf of fh 1743 applisatieR a SigR of a 6ize and type similar tO these TGq Feg fr\r Beard i ri nnoa. One 1744 (1) SUGh sign shall be pe6ted withiR teR (10) feet of eveFy publiG street adjoiniRg the 1745 1746 (500) feet wide adjeiRing the property. SUGh sign shall state tht-z n-ature of the appliGatiGn 1747 and shall be posted ferRE)t less than fifteeR (15) day6 pFieFte the time I , PliGat"OR 1748 1749 9F if the Gity Manager deteFmiRe ttl�iatt the of this SeGtOOR have not been Fnet 1750 urinr tO the hearing he magi deny er defer amino on the applina}inn 1751 1752 (C) Beard Variances. The City Manager or their designee shall review applications 1753 requesting relief from the requirements of Section 106(B), Development Criteria for 1754 Resource Protection Areas, and any other application for a variance, including all 1755 required application materials. The City Manager or their designee shall aR the 1756 water quality impart assessment apd provide the Board with an evaluation of the 1757 application materials, including the potential impacts of the proposed variance, 1758 analysis of the findings, and such other information as may aid the Board in 1759 considering the application. No request for a variance from the requirements of 1760 Section 106(B) shall be granted under this subsection unless the Board makes the 1761 findings required in subsection (H) hereof. No such application shall be accepted by 1762 the City Manager or their designee unless accompanied by a nonrefundable fee in 1763 the amount of four hundred fifty dollars ($450.00). Such fee shall include all costs of 1764 notification and advertising. The City Manager or their designee shall transmit the 1765 application and supporting information and evaluation to the members of the Board 1766 and the applicant no less than five (5) days prior to the scheduled hearing on such 1767 application. 1768 1769 (D) Not later than sixty (60) days after the receipt of ae complete application, the Board 1770 shall hold a public hearing on such application. Notice of the time and place of the 1771 hearing shall be published twice in a newspaper having a general circulation in the 1772 City. The first notice shall be published no more than twenty-eight (28) days before 1773 the meeting and the second notice shall be published not less than seven (7) days 1774 before the date of the meeting. The cost of the public notice shall be charged to the 1775 applicant. 1776 1777 (E) The Board shall notify, by first class mail, all property owners adjacent to the subject 1778 property and each waterfront property owner across the waterway from the subject 1779 property, if the water body is less than five hundred (500) feet wide, of the public 1780 hearing at least five (5) days prior to the hearing. The 96f of SUGh RE)tifiGafi„n hall 1781 be Gharged to the appliGaRt. 1782 1783 (F) In addition to the foregoing requirements, the applicant shall cause to be posted on 1784 the property which is the subject of the hearing a sign, of a size and type approved 1785 by the Board. One (1) such sign shall be posted within ten (10) feet of every public 1786 street adjoining the property and within ten (10) feet of any body of water or waterway 1787 less than five hundred (500) feet wide adjoining the property. Such sign shall be 1788 posted not less than fifteen (15) days from the public hearing and shall state the 1789 nature of the application and date and time of the hearing. Such signs shall be 1790 removed no later than five (5) days after the public hearing. In the event such sign is 1791 removed, obscured, otherwise rendered illegible or if the Board determines that the 1792 requirements of this section have not been met prior to the hearing, the Board may 1793 deny or defer the application. Any application deferred by the Board by reason of 1794 noncompliance with the posting requirements of this Section shall not thereafter be 1795 heard unless and until an additional fee in the amount of one hundred dollars 1796 ($100.00) is paid. 1797 1798 (G) The Board may make, alter and rescind rules for its procedures not inconsistent with 1799 the provisions of this Section; provided, however, that a quorum shall be not less 1800 than a majority of all of the members of the Board, and provided further, that the 1801 concurring vote of a majority of the members of the Board present and voting shall 1802 be required to grant any variance. 1803 1804 (H) No variance or exception from the requirements of Section 106 of this&hafl ordinance 1805 shall be granted unless the designated authority Beard finds that: 1806 1807 (1) Granting the exception or variance will not confer upon the applicant any special 1808 privilege or convenience not accorded to other owners of property in 1809 Chesapeake Bay Preservation Areas who are subject to the provisions of this 1810 ordinance and are similarly situated; 1811 (2) The appliGation exception or variance is not based upon conditions or 1812 circumstances that are or have been created or imposed by the applicant or his 1813 predecessor in title; 1814 (3) The exception or variance is the minimum necessary to afford relief; 1815 (4) The vaFiAnee-is in hater+ Ry with the .. es e and intent e hiS E)Fd+aaRGe, and 1816 1817 or �,#h 'se detrimental to the pubblin weelf.+ro The exception or variance is in 1818 harmony with the purpose and intent of this ordinance and is not of substantial 1819 detriment to water quality; 1820 (5) There is no net increase in nonpoint source pollution load; 1821 (6) Reasonable and appropriate conditions are imposed which will prevent the 1822 vaFmaRGe allowed activity from causing or contributing to a degradation of water 1823 quality�►d, 1824 1825 hundred- (2500) squarefeet shall semPly with all appliGable eFor,*E)R a 1826 sediment nnnfrnl FequiFeMeRtc 1827 1828 (1) No request for relief from this Ordinance shall be considered complete where a water 1829 quality and resiliency assessment, as outlined in Section 105 of this Ordinance has 1830 not occurred or the proposed adaptation measure allows for the use of fill in a 1831 Resource Protection Area in contravention to the requirements of subsection 1832 106(5)(c)(5) of this Ordinance. 1833 1834 Sec. 111. Appeals. 1835 1836 (A) Any order, determination or decision made by the City Manager or any administrative 1837 officer in the administration or enforcement of this ordinance, including any decision 1838 on an application for a"adMinic+r Board variance or exception, may be appealed 1839 by any person aggrieved by the decision to the Board by application filed with the 1840 City Manager within fifteen (15) days from the date of such order, determination or 1841 decision. Such application shall state with particularity the grounds of such appeal. 1842 Any application failing to do so shall be rejected by the City Manager. The filing of an 1843 appeal shall not stay any proceedings in furtherance of the action appealed from. 1844 1845 (B) The fees and notice requirements for appeals under subsection (A) hereof shall be 1846 as set forth in Section 110. 1847 1848 (C) Any party aggrieved of a decision of the Board may, within thirty (30) days of the date 1849 of such decision, petition the circuit court to review such decision. The procedure in 1850 such cases shall be as provided in Section 15.2-2314 of the Code of Virginia, as 1851 amended. No party having failed to appear at the hearing before the Board and object 1852 to the application at that time shall be deemed to be an aggrieved party; provided, 1853 however, that the City shall have standing to appeal any decision of the Board 1854 irrespective of not having appeared before the Board as otherwise required by this 1855 ordinance. 1856 1857 (D) The circuit court may affirm, reverse or modify any decision of the Board, and may 1858 impose any reasonable conditions in its judgment; provided, however, that no 1859 decision of the Board shall be disturbed unless the court shall find: 1860 1861 (1) The decision appealed from was based upon the erroneous application of the 1862 criteria set forth in subsection (G) of Section 110 of this ordinance or was based 1863 upon grounds other than those set forth therein; 1864 1865 (2) There was no substantial evidence upon which the Board could have made all 1866 findings required by subsection (GH) of Section 110 of this ordinance; 1867 1868 (3) The decision of the Board was plainly wrong; or 1869 1870 (4) The Board failed to impose reasonable and appropriate conditions intended to 1871 prevent the variance from causing or contributing to a degradation of water 1872 quality. 1873 1874 Sec. 112. Violations; penalties. 1875 1876 (A) A violation of any of the provisions of this ordinance shall be a misdemeanor 1877 punishable by a fine in an amount not exceeding one thousand dollars ($1,000.00) 1878 or confinement in jail for a period not exceeding twelve (12) months, either or both. 1879 1880 (B) {4-)Without limiting the remedies which may be obtained under this ordinance;i 1881 1882 M aAny person who violates any provision of this ordinance or who violates, fails, 1883 neglects, or refuses to obey any variance or permit condition authorized under 1884 this ordinance shall, upon such finding by the circuit court, be assessed a civil 1885 penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. 1886 Such penalties may, at the discretion of the court assessing them, be directed to 1887 be paid into the treasury of the City for the purpose of abating environmental 1888 damage to or restoring Chesapeake Bay Preservation Areas within the City, in 1889 such a manner as the court may direct by order, except that in the event the City 1890 or its agent is the violator, the court shall direct the penalty to be paid into the 1891 treasury of the Commonwealth. 1892 1893 (2) 1894 wWith the consent of any person who has violated any provision of this 1895 ordinance, or who has violated, failed, neglected, or refused to obey any variance 1896 or permit condition authorized under this ordinance, the Board may provide for 1897 the issuance of an order against such person for the one-time payment of civil 1898 charges for each violation in specific sums, not to exceed ten thousand dollars 1899 ($10,000.00) for each violation. Such civil charges shall be paid into the treasury 1900 of the City for the purpose of abating environmental damage or restoring 1901 Chesapeake Bay Preservation Areas in the City, except that in the event the City 1902 or its agent is the violator, the civil charges shall be paid into the treasury of the 1903 Commonwealth. Civil charges shall be in lieu of any appropriate civil penalty that 1904 could be imposed under subdivision (1) of this subsection. Civil charges may be 1905 in addition to the cosst of any restoration required by the Board. 1906 1907 (C) In addition to, and not in lieu of, the penalties prescribed in subsections (A) and (B) 1908 hereof, the City may apply to the Circuit Court for an injunction against the continuing 1909 violation of any of the provisions of this ordinance and may seek any other remedy 1910 authorized by law. 1911 1912 (D) Upon notice from the City Manager or his designee that any activity is being 1913 conducted in violation of any of the provisions of this ordinance, such activity shall 1914 immediately be stopped. An order to stop work shall be in writing and shall state the 1915 nature of the violation and the conditions under which the activity may be resumed. 1916 No such order shall be effective until it shall have been tendered to the owner of the 1917 property upon which the activity is conducted or his agent or to any person 1918 conducting such activity. Any person who shall continue an activity ordered to be 1919 stopped, except as directed in the stop-work order, shall be guilty of a violation of 1920 this ordinance. 1921 1922 Sec. 113. Severability. 1923 1924 The provisions of this ordinance shall be deemed to be severable, and if any of the 1925 provisions hereof are adjudged to be invalid or unenforceable, the remaining portions of 1926 this ordinance shall remain in full force and effect and their validity shall remain 1927 unimpaired. 1928 1929 Sec. 114. Vested rights. 1930 1931 The provisions of this ordinance shall not affect the vested rights of any person 1932 under existing law. 1933 1934 Sec. 115. Enforcement. 1935 1936 This ordinance shall be enforced by the City Manager or his designee, who shall 1937 exercise all authority of police officers in the performance of their duties. Such authority 1938 shall include, without limitation, the authority to issue summonses directing the 1939 appearance before a court of competent jurisdiction of any person alleged to have 1940 violated any of the provisions of this ordinance. 1941 1942 Sec. 116. Effective date. 1943 1944 This ordinance shall become effective on the first day of January, 1991; provided, 1945 however, that the amendments to this ordinance made on the tenth day of November, 1946 1992 shall become effective on the first day of January, 1993; and the amendments to 1947 this ordinance made on the 9th day of December, 2003 shall become effective on the first 1948 day of January, 2004; and the amendments to this ordinance made on the 19th day of 1949 August, 2025 shall become effective on the first day of September, 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16086 R-6 August 7, 2025 K. PLANNING 1. FOOD BANK OF SOUTHEASTERN VIRGINIA & EASTERN SHORE, INC. for a Conditional Change of Zoning from AG-1 &AG-2 Agriculture Districts to Conditional 1-1 Light Industrial District re develop a warehouse/distribution center for the Foodbank at 3325 Dam Neck Road, Parcel Directly Southwest of 3325 Dam Neck Road & 3357 Dam Neck Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. YPB, LLC for a Conditional Change of Zoning from OR Oceanfront Resort District, A-12, A-24 and A-36 Apartment Districts to Conditional A-24 Apartment District re demolishing existing multi- family buildings, vacate interior property lines, and construct a 20-unit multi-family condominium development at 309, 311, 313, 315, 317, and 319 341h Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION / CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re develop sixty (60) residential units and small office space at the parcel northwest of 3792 Princess Anne Road DISTRICT 10 RECOMMENDATION: APPROVAL 4. BRADLEY & NETTIE KAIN for a Conditional Use Permit re residential kennel at 405 Kings Point Court DISTRICT 3 RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION —DENIAL 5. GEORGE LOIZOU / 232 JERSEY, LLC for a Conditional Use Permit re bulk storage yard at 5033 Admiral Wright Road DISTRICT 4 RECOMMENDATION: APPROVAL 4. NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 19,2025 at 6:00 p.m.In the Council ChamberatCtly Hall,Building 1,2^Floorst2401 Courthouse Drive,Virginia Beech,VA 23456.Members of the public will be able to observe the City Council meeting through livestreeming on t"V/virginabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All Interested parties are Invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step prooess provided below: 1. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on August 19,2025. 2. Download WebEx and New the meeting at: 58db4c1b3469afaiB380268c096Df9 The following requests are scheduled to be heard: Foodbank of Southeastern Virginia and Eastern Shore, Inc.(Applicant&Property Owners)Conditional Rezoning (AG-1&AG-2 Agricultural Districts to Conditional 1-1 Light Industrial) Addresses: 3325 Dam Neck Road, parcel directly southwest of 3325 Dam Neck Road,&3357 Da m Neck Road GPINs: 1495127948, 1495123916, & 1495122749 M Council: District 2(Herdey) Z�4 YPB, LLC (Property Owner & Applicant) Conditional Rezoning (OR, A-12, A-24, A-38 to Conditional A-24 Apartment District)Address:309,311,313,315,317,& 319 34th Street GPINs:2418937197, 2418937139, 2418936196, 2418936237, 2418935193, 2418935135 City Council:DLstrlct6(Remick) Virginia Beach Community Development Corporation Property Owner. City of Virginia Beach Conditional Rezoning(B-2 Community Business District to Conditional B-4 Mixed Use District) Address: Parcel northwest of 3792 Princess Anne Road GPIN: 1-485346667 City Council:District 3D(Rouse) Bradley & Nettle Kain (Property Owner & Applicant) Conditional Use Permit(Residential Kennel) Address: 405 Kings Point Court GPIN:1486498144 City Council: District 3(Berlucchi) George Loizou Property Owner: 232 Jersey, LLC Conditional Use Permit(Bulk Storage Yard) Address: 5033 Admiral Wright Road GPIN: 1467858101 City Council:District 4(Ross-Hammond) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc. For Information call 757- 385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-3854303.If you are hearing Impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV, httpsV/virginiet)each.gov and Facebook Live. Please check our website at https://clerk.,rginiabeach.gDv/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 5,2025&AUGUST 12,2025-i TIME EACH m �� t rS`aa"' CyG� r gt. d ��x xsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FOODBANK OF SOUTHEASTERN VIRGINIA & EASTERN SHORE INC. [Applicant & Property Owner] Conditional Rezoning (AG-1 and AG-2 Agricultural Districts to Conditional 1-1 Light Industrial District) for the property located at 3325 Dam Neck Road, parcel directly southwest of 3325 Dam Neck Road, and 3357 Dam Neck Road (GPINs 1495127948, 1495123916, and 1495122749). COUNCIL DISTRICT 2 (Henley) MEETING DATE: August 19, 2025 ■ Background: The applicant is requesting a Conditional Rezoning to develop a warehouse/distribution center for the Foodbank, which has outgrown its current facility in Norfolk. The subject property is 23.9 acres and currently zoned AG-1 and AG-2 Agricultural Districts. Portions of the site are located in the 70-75 dB DNL noise zone, the greater than 75 dB DNL noise zone, and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). The proposed warehouse use is considered a compatible use in accordance with Article 18 of the Zoning Ordinance. The site is also bisected by a 120-foot Virginia Electric and Power Company (VEPCO) easement. The proposed development includes a 103,345 square foot warehouse facility with office space and a maximum building height of 35 feet. Goods from the warehouse will be distributed to other community organizations from this facility, which will not be open to the general public. Additional site improvements include parking and loading areas, 2 stormwater ponds, walking paths, and a garden/farm field with compost pile. Access to the site is proposed from Dam Neck Road. The applicant proposes to retain much of the existing wooded area at the western (front) portion of the site as well as a 140-foot wide wooded buffer along the eastern property line adjacent to the Landstown Lakes neighborhood. Section 1003 of the Zoning Ordinance requires a 25-foot buffer with Category II landscape screening when I- 1 properties adjoin residential and apartment districts. As required, the proffered plan depicts a 140-foot-wide buffer adjacent to the residential zoned properties to the east and a 25-foot buffer along the southern property, adjacent to the city park. Per Section 203 of the Zoning Ordinance, the use requires 130 parking spaces, and the proffered concept plan provides 180 spaces, thereby exceeding the parking requirement by 50 parking spaces. Typical hours of operation proposed are 7:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday. Foodbank of Southeastern Virginia and Eastern Shore Inc. Page 2 of 4 ■ Considerations: The Foodbank of Southeastern Virginia and Eastern Shore provides a unique service to numerous non-profits and religious institutions, which in turn serve citizens of Virginia Beach. The site's location with the various AICUZ noise contours and Accident Potential Zone 2 would limit development of the property to compatible uses, one of which would be a warehouse/distribution center such as the one proposed. Due to its location within the high noise zone and APZ-2, residential uses would not be compatible, despite the existing residential neighborhood to the east. The proffered concept and landscape plans address the site challenges. The proposal exceeds the minimum setback and landscaping requirements of the zoning ordinance to visually screen and limit potential noise impacts to adjacent properties. The closest point on the proposed building to the property line shared with a single-family residence is approximately 161.7 feet, and the proffered building height is 35 feet, which matches the maximum permitted height of the neighboring residential district. While the standard operating hours are from 7:00 a.m. and 5.00 p.m., Monday through Friday, and 8:00 a.m. and 1:00 p.m. on Saturday, the applicant has proffered limitations on idling of trucks during late night and early morning hours, to minimize impacts to the adjacent residences. There were three speakers in opposition to the request at the Planning Commission hearing. The concerns expressed included the potential for neighboring property owners to seek similar zoning and land uses, changing the character of the area, negative impacts on traffic, including trucks potentially cutting through the adjacent neighborhood, and the change of use and loss of woodland behind existing homes. Based on comments from neighbors and Planning Commissioners during the Planning Commission public hearing, the applicant has updated the proffers and referenced exhibits. The treed buffer adjacent to the residences is now a consistent depth of 140 feet along the entirety of the eastern property line. Additionally, the applicant has proffered a forested natural preservation area of varying widths along the perimeter of the site, except for the proposed access point and within the existing VEPCO easement area. A final change made following the Planning Commission hearing included the use of a darker earth tone on the north and east building facades to reduce the visibility of the building from the adjacent residences. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this items by a vote of 10 to 0. Foodbank of Southeastern Virginia and Eastern Shore Inc. Page 3 of 4 Proffer 1 When the Property is developed, the layout of the improvements, including access, the building, parking, onsite vehicular circulation, sidewalks, walking trail, aPA landscaping and forested Preservation Areas shall be substantially in accordance with the two-page exhibit entitled "SEVA FOODBANK— Conceptual Development Plan", dated March 2, 2025— Rev. July 23, 2025, and prepared by Timmons Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter "Site Plan"). Proffer 2 The exterior of the warehouse, packaging and distribution center building depicted on the Site Plan shall utilize tilt-up concrete/cementitious panels as the primary exterior material along with glass and metal. The building will not exceed thirty- five feet (35') in height and be substantially similar in appearance with the exhibits entitled "FOODBANK EXTERIOR RENDERING #1 VIRGINIA BEACH, VA" dated March 2, 2025 — Rev. July 23, 2025 and FOODBANK EXTERIOR RENDERING #2A, VIRGINIA BEACH, VA" dated March 2, 2025 — Rev. July, 23, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter the "Elevations"). Proffer 3 The Grantor shall retain and preserve those designated forested natural areas on the Property as depicted on the exhibit entitled, "SEVA FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT" dated March 2, 2025, Rev. July 23, 2025, prepared by Timmons Group, as both aesthetic landscaping buffers and natural stormwater treatment areas. The FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter "Preservation Areas Plan"). Proffer 4 The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. Proffer 5 Food delivery and distribution vehicles shall not be permitted to run their engines while parked on premises for longer than 15 consecutive minutes between the hours of 10:00 PM and 6:00 AM daily. Individuals shall not be permitted to spend the night in a parked vehicle on the premises. Proffer 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and Foodbank of Southeastern Virginia and Eastern Shore Inc. Page 4 of 4 administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support and Opposition Proffer Agreement Revised Conceptual Plan dated March 2, 2025 — Rev. July 23, 2025 Revised Forested Natural Preservation Exhibit dated March 2, 2025 — Rev. July 23, 2025 Revised Exterior Renderings 1 & 2A dated March 2, 2025 — Rev. July 23, 2025 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:MP c Agenda Applicants & Property Owner: Foodbank of Southeastern Virginia & Eastern Shore Inc. Planning Commission ' • 2025 VB' CouncilCity Project Details Request Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to 1-1 Light Industrial District) Staff Recommendation Approval o� !1 10 Staff Planner Michael Hayes ''& � O Location 3325 Dam Neck Road, parcel directly southwest of y� , 3325 Dam Neck Road, & 3357 Dam Neck Road < m GPINs 1495127948, 1495123916, 1495122749 Site Size 23.90 acres ' n AICUZ 70-75 dB DNL; Greater than 75 dB DNL; APZ-2 . Watershed ti0l� Southern Rivers At Existing Land Use and Zoning District Vacant single-family dwelling, undeveloped lots/ AG-1 &AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling, undeveloped lots/AG-1 & AG-2 Agricultural South Religious Use, city park/R-SD Residential East Single-family dwellings/R-5D Residential West Dam Neck Road, Single-family dwellings/ R-5D Residential Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 1 of 16 Background SummaryofProposal • The applicant is seeking to rezone three parcels totaling approximately 23.90-acres from AG-1 and AG-2 Agricultural Districts to Conditional 1-1 Light Industrial District to develop the site with the Foodbank of Southeastern Virginia and Eastern Shore. • Portions of the site are located in the 70-75 dB DNL noise zone, the greater than 75 dB DNL noise zone, and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). The proposed warehouse use is considered a compatible use in accordance with Article 18 of the Zoning Ordinance. • As the Foodbank has outgrown its current facility in Norfolk, Virginia, the new facility is a critical component in enabling the Foodbank to effectively fulfill its mission, now and into the future. • While most of the site is currently wooded, there is an existing, vacant single-family dwelling at 3357 Dam Neck Road, that is proposed to be demolished with this request. • Access to the site is proposed from Dam Neck Road. Much of the existing wooded area at the western (front) portion of the site will be retained, except for a driveway, stormwater facility, and garden/farm field with compost pile.The food grown in the garden has the potential to be distributed. On the eastern portion of the site, the applicant intends to construct a 103,345 square foot warehouse facility with office space. • Additional site improvements include two stormwater ponds, a garden area, and an outdoor eating area. A 5-foot-wide walking trail is proposed to traverse the site, starting at Dam Neck Road, looping around the front stormwater pond then running to the employee parking lot and main entrance of the warehouse facility. The walking trail is also proposed to tie into a 12-foot wide sidepath along Dam Neck Road. • Two parking areas are proposed for the facility, one located on the south side of the proposed building will serve employees and visitors, while another, located to the north of the building, will provide parking and loading spaces for delivery trucks. Per Section 203 of the Zoning Ordinance, the use requires 130 parking spaces, and the proffered concept plan provides 180 spaces, thereby exceeding the parking requirement by 50 parking spaces. • Single-family dwellings are adjacent to the east side of the subject property. The closest point on the proposed building to the property line shared with a single-family residence is approximately 161.7 feet. Per Section 1003 of the Zoning Ordinance, a twenty-five-foot buffer with Category II landscape screening is required when 1-1 properties adjoin residential and apartment districts. The proffered plan depicts an approximate 150-foot-wide buffer adjacent to the residential zoned properties to the east. • Along the southern property, adjacent to the city park, the conceptual site plan shows a buffer of at least 25-feet. Additionally, the required street frontage, building foundation, and interior parking lot plantings are provided and appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. Foodbank of Southeastern Virginia & Eastern Shore, Inca Agenda Item 12 page 2 of 16 • After the Planning Commission public hearing, the applicant added a proffered condition and exhibit to make clear there is an area of tree preservation around the perimeter. The intent is to preserve as much of the existing forested area as is feasible, but the applicant has left themselves flexibility around the proposed stormwater feature and garden near Dam Neck Road as the exact size of the stormwater feature and garden have not been determined. • As indicated in Proffer 2,the building will be two stories with a maximum height of 35 feet.The building would be constructed using tilt-up concrete/cementitious panels as the primary exterior material, along with glass and metal. • A 120-foot wide Virginia Electric and Power Company (VEPCO) easement bisects the property, separating the narrower, western portion of the site from the wider, eastern portion of the site backing up to the single-family neighborhood. • Typical hours of operation proposed are 7:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday. HistoryZoning Map Key No. Request ~ 2 f i CRZ (AG-2 to Conditional 0-2) 1 Approved 05/16/2023 j CUP (Automobile Repair Garage) o r �� Approved 05/16/2023 MDC Approved 12/05/2017 r Z MDC Approved 12/08/2015 11 CUP (Automobile Repair Garage) r Approved 10/08/2013 ! f 3 CRZ (AG-2 to Conditional 0-2) Approved 03/11/2008 4 CUP (Wireless Communications Antenna) Approved 02/22/1999 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 Foodbank of Southeastern Virginia &Eastern Shore, Inc. Agenda Item 12 page 3 of 16 Evaluation • • • In Staff's opinion, this request to conditionally rezone these three parcels, totaling 23.90 acres, to Conditional 1-1 Light Industrial District for a warehouse and distribution center is acceptable. The applicant, Foodbank of Southeastern Virginia and Eastern Shore, Inc., needs a larger, more modern facility in order to serve the residents of Southeastern Virginia and the Eastern Shore. The proposed warehouse and distribution facility will aid them in their mission to eliminate hunger in the community. The Comprehensive Plan identifies this property as being within the Suburban Area where the focus is on maintaining the character and quality of existing neighborhoods. The property also happens to fall within the 70-75 dB DNL, the greater than 75 dB AICUZ noise contour and the Accident Potential Zone 2 (APZ-2), which limits potential use of the property; most notably not allowing for any denser residential development than is currently permitted. Further adding to the complexity of developing this property is the 120-foot wide electrical power easement running roughly through the middle of the property. In staff's opinion, the proffered concept and landscape plans successfully address all of the aforementioned challenges of the site. The proposal exceeds the minimum setback and landscaping requirements of the zoning ordinance to visually screen and limit potential noise impacts to adjacent properties.The building is sized as to only need a single access point off Dam Neck Road and is limited to a maximum height of 35-feet, which is in- line with neighboring residential districts to the east.The building is sited in a way that allows for substantial screening and retention of many mature trees on the site. The closest corner of the building to the property line of the nearest adjacent residential property is approximately 160 feet. In addition to the larger setbacks and enhanced buffers, the proposed operation lessens potential impacts on the adjacent neighborhood by only operating between 7:00 a.m. and 5:00 p.m., Monday through Friday and 8:00 a.m. and 1:00 p.m. on Saturday. As recommended by Staff, the applicant submitted a preliminary drainage study to the Development Services Center(DSC) outlining the proposed stormwater strategy to serve the warehouse and distribution center.The concept plan sets aside two large areas to address stormwater from the site. One BMP is proposed adjacent to the loading docks while the other is oriented toward the front of the site, closer to Dam Neck Road. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations, Staff recommends approval of this application, subject to the proffers provided. 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. Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 4 of 16 Proffer When the Property is developed, the layout of the improvements, including access, the building, parking, onsite vehicular circulation, sidewalks, walking trail, aPA landscaping and forested Preservation Areas shall be substantially in accordance with the two-page exhibit entitled "SEVA FOODBANK — Conceptual Development Plan", dated March 2, 2025— Rev. July 23, 2025, and prepared by Timmons Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter"Site Plan"). Proffer2 The exterior of the warehouse, packaging and distribution center building depicted on the Site Plan shall utilize tilt-up concrete/cementitious panels as the primary exterior material along with glass and metal. The building will not exceed thirty-five feet (3S') in height and be substantially similar in appearance with the exhibits entitled "FOODBANK EXTERIOR RENDERING #1 VIRGINIA BEACH, VA" dated March 2, 2025 — Rev. July 23, 2025 and FOODBANK EXTERIOR RENDERING #2A, VIRGINIA BEACH, VA" dated March 2, 2025 — Rev. July, 23, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter the "Elevations"). Proffer3 The Grantor shall retain and preserve those designated forested natural areas on the Property as depicted on the exhibit entitled, "SEVA FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT" dated March 2, 2025, Rev. July 23, 2025, prepared by Timmons Group, as both aesthetic landscaping buffers and natural stormwater treatment areas.The FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter "Preservation Areas Plan"). Proffer[begin strikethrough]-4[end strikethrough]4 The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. Proffer[begin strikethrough]4[end strikethrough] 5 Food delivery and distribution vehicles shall not be permitted to run their engines while parked on premises for longer than 15 consecutive minutes between the hours of 10:OOPM and 6:00 AM daily. Individuals shall not be permitted to spend the night in a parked vehicle on the premises. Proffer[begin strikethrough]S[end strikethrough] 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 5 of 16 Comprehensive • • 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. (p. 1-60) The Reference Handbook provides design policies and principles. Given the Suburban Area context, with the property being largely wooded and located on a major thoroughfare, adjacent to a city park, and backing up to a sizeable single-family neighborhood, it is important to "maintain and enhance significant views". (p. B-6) In these types of settings, landscape should be used to screen and buffer new commercial development. Further, in designing the site, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities (p. B-7)The open space should connect to adjacent open space creating a healthier and more usable pattern in the area.(p. B-10) ResourcesNatural & Cultural The site is located in the Southern Rivers watershed There are no known historic or cultural resources that will be affected by this project. Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of the new headquarters for the Foodbank of Southeast Virginia (SEVA) along Dam Neck Road. Site improvements include the parking lots, garden/farm field, drive aisles, and stormwater management facilities to support the development. The site is currently forested and stormwater runoff from the site generally flows into the public drainage system along Dam Neck Road and/or ponds onsite. Stormwater runoff from the proposed development will be collected into stormwater wet ponds that will be sized to treat for water quality and water quantity before discharging into the public drainage system along Dam Neck Road. Manufactured treatment devices may also be used to provide additional water quality treatment for runoff leaving the site. Based on the information provided by Timmons Group in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 6 of 16 Project Information Total project area: 12.0 acres Pre-Development impervious area: 0.0 acres Post-Development impervious area: 7.6 acres Stormwater Management Facility Design Information Type of facility proposed: Wet pond Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge directly into the public drainage system located along Dam Neck Road. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains north through the public drainage system along Dam Neck Road, eastward through the Holland Road Canal and into West Neck Creek. West Neck Creek ultimately drains into the North Landing River, through the Currituck Sound and into the Atlantic Ocean. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Existing Zoning—30 ADT based 24 Dam Neck Road 37,800 ADT' 36,900 ADT(LOS4 "D") acre parcel zoned AG-1 &AG-2 and AICUZ Overlay Proposed Land Use 3-177 ADT ' Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of wooded lot 103,345 SF Service Warehouse Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This section of Dam Neck Road is identified as controlled access. There are no current CIP projects in this area. Active Transportation Plan The Active Transportation Plan proposes a 11-foot wide side path along Dam Neck Road. Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 7 of 16 Public Utility Impacts Water The site connects to City water, though lines need to be inspected to assure they are adequate and improved if necessary. Sewer The site connects to City sanitary sewer, though lines need to be inspected to assure they are adequate and improved if necessary. Public Outreach Information Planning Commission • The applicant submitted a petition of support with the signatures of 10 neighbors, including the church directly across the street. Staff has not received letters or other forms of communication in opposition to the application. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 6, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 25, 2025 and July 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 23, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 3, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 5, 2025 and August 12, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 4, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 15, 2025. Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 8 of 16 SITE DATA: " GPINs 1495-12-2749 1495.12.3916 - 1495-12-7948 _ TOTAL AREA 24.2+/-AC - - EXISTING ZONING AG-1&AG-2 q PROPOSED ZONING 1-1 I BUILDING AREA 103,345 SF PARKING REQUIRED 130 SPACES 7 PARKING PROVIDED 142 SPACES i� 4 I z y all CK / z r I xti2 ` ! .I.. - ® A:.. a Y , P : O „ v y O a !. O ,--r - -- -_.t 4 a g "r 6- (D ; s a A '..t: . ............ �. -1 v. `�`Y I dill v SEVA FOODBANK W TIMMONS GROUP D U Conceptual Development Plan-March 2.2025,Rev.July 23,2025 „ O'Q rD C C 0 (.0 m rI o N N Ol N . e � y y ' N1/1 vuHAiYZ.' F.v.Nm lU,v ] �! I1�'/.AZ>WOFllidi �FlIC1 LLc }'� ''� Ir ; wcr H•}.. ru:r+rt nv-•rcrHe i x� ., :... It' 1 1 1 C naonw islai rwva[xaT oa __-1 r., .mil'afr-'' j x �Ip5T�N8T0"WAy ataamarwnw ' w» LYIEtAYr 1 , NF I awa-su.u,x MSUW f.W�h:Av!�'M,LLc 1 -c'3 1 .0 �.Gta?'riT6pI , '• 1 I 1 I 1 1 acaw.a 4 .� `9+�! . �rvifA54^NaerUv ; rPM1INYf ��,y Q CL �) 1 Cr 1 Q ��ii qq �11 I 1 Q bM & '5� 6 11 � sL+xn.• 1 - u nu v, 1 a�. I �ik�s itPreo p� 1 �... .. - �• rD CLQ y,L�y SC r kv vaF.� 1 _ �`______________T --------- a° r f.--_______________ _11 'j#--------------J --._ �� • wRa rwhm r�ve'c I � crma z.eCi a��°, � ____ l M m`' gy s DCu FOODBANK - PRESERVATION AREAS EXHIBIT _ •''ii'"• A � k VIRGINIA BEACH,VIRGINIA-March 2,2025,rev.July ,23 2025 TIMMONS GROUP Hciwna'.a oa,me i.a<..o.om rD ti O -+ rD rD Q 3 m I' n 01 N . Proposed Building Elevations M1 t 2 f > i k out i 1TM , 4MI, IMF /` ,41 Proposed Building Elevations g rz Q W N 4 W CL' Z 0 o W � CL' h' Z O a Q LD N G j O O ZRZ A CIO C `'a i S F 4 4F � Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 12 of 16 s r kp: zw Mam :ZM n Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 13 of 16 Disclosure Statement V czi " VIRGINIA Disclosure BEACH Statement the disclosures contained in this form ore necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: us listed on application Foodbank of Southeastern Virginia and Eastern Shore,Inc.,a Virginia non-stock corporation 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@ No0 If yes,name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) Darois Davenpport,Board Chair;Kevin X.Jones, Vice Chair;Christopher Tan,President/CEO;Martha B.Ambler, Treasurer;James M.Shaeffer,Secretary 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(j) 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 Nome entity and/or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 ~ „TN Disclosure Statement I rev. May-2024 page 1 of 3 Foodbank of Southeastern Virginia & Eastern Shore, Inc. Agenda Item 12 page 14 of 16 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Dan Ruby,Timmons Group Legal Services O 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate,i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA,Wetlands Board or any pub committee in connection with this application. Christopher Tan, President/CEO //„a I ate Applicant Name(Print) pplicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(l)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/6/2025 Michael Hayes 7e L L ,,0'W g, 8/6/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Foodbank of Southeastern Virginia & Eastern Shore, Inca Agenda Item 12 page 15 of 16 • 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. Foodbank of Southeastern Virginia & Eastern Shore, Inca Agenda Item 12 page 16 of 16 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #12 Foodbank of Southeastern Virginia and Eastern Shore, Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item number 12, Food Bank of Southeastern Virginia and Eastern Shore Incorporated. Mr. Bourdon: Good, good afternoon, Madam Chair, members of the Commission and Ms. Schoonover, congratulations and thank you for your willingness to serve. For the record, Eddie Bourdon, Virginia Beach attorney, and I come before the Commission. It's my pleasure to come before the Commission on behalf of the Food Bank of Southeastern Virginia and the Eastern Shore, Inc. Mr. Chris Tan, who's the director of the Food Bank, is with us, along with some of his staff and also the civil engineer, Dan Rudy with Timmons Group is here. Chris will speak after I do, and he'll,he can better answer some, if y'all have any operational questions,then,then I may,but, you know,be happy to field any questions about, I'll try to be brief. This is a conditional rezoning application on 24 acres of land,multiple parcels,that are all zoned agriculture that are located, off of Dam Neck Road in the 70 to 75, and greater than 75, and APZ-2 from NAS Oceana on west side of NAS Oceana, and as such, since the adoption in 2024 of Article 18 of our Zoning Ordinance, this property is only able to be rezoned from agriculture to a use that is deemed compatible under the various guidance that exists in Article 18 of our Zoning Ordinance. Therefore,pretty much the only uses that are available to this property and a lot of other properties along Dam Neck Road, most of which are in the strategic growth areas, the SGA one, two, and three, really is light industrial. Since there seems to be a lot of conversation going around lately, I think it's been kind of kicked off by the economic development authority, that they don't have much industrial land. Well, the reality of it is we have quite a bit, that isn't zoned industrial, because the owners of the property aren't the government and the owners of the property,prefer to be taxed on land use on their agricultural zone property until such time as there is actually a user for their property, and don't wanna be just paying, you know, out the nose waiting for somebody to come along. Well, the Food Bank has a significant need. They've outgrown their facility in Norfolk,and they have purchased this property because it is in a location that the only realistic use for a 24 acre piece of property, is light industrial. However,their use is clearly a compatible one, and it is one that is, does not involve, the, it involves some public participation, but only their volunteers who come and help on shifts,two to three hour shifts to help the 60, employees of the Food Bank when they are boxing and packaging food up, to be picked up by those in their distribution network, the nonprofits, religious groups, et cetera, that create a network throughout southeastern Virginia and on the eastern shore, where the actual consumers, the people with the food insecurity, the people who have the need for the food, that's where they pick up food. This is not a public distribution site that does not happen here. The public won't be coming here. Now, it's not to say that,you know,they might not have a school group or something come to,you know, to learn about the, the Food Bank and, and its services to the community, on occasion. But it is not a public gathering, facility. It's not a distribution facility to the public, at all. And the plan, as you all have seen, and as Michael went over in the Informal, it is such that we have one entrance, from Dam Neck Road,and we have, it's, it's a heavily treed site with a huge Dominion Power, 120 foot transmission line easement going through the middle of it. the warehouse, and, and ancillary office use in the building for the Food Bank, is 160 plus feet from the nearest back property line of the homes to the south or I guess maybe the west, and very importantly, they did a public outreach. The Food Bank did a public outreach, actually hired the Miles Agency, and they sent out 5,000 letters to all surrounding residential and business inviting them to a meeting in February, I believe it was, the day before Valentine's Day. And they also went and knocked on 500 doors and left packages on the doors of people who didn't answer or gave it to them if they were there, also inviting them and giving them information about what they were doing. The Food Bank has purchased this piece of property. That meeting garnered about 15 folks, and not one objected,not one. So the community has been made fully aware of this. It's an industrial use is the only light industrial, it's the only thing that can actually go on this property under Article 18 of our Zoning Ordinance, so that's make that point, but it is just for the employees, and they do have volunteers and volunteers will come and a lot of them will drive maybe two in a car, and they'll spend two or three hours there boxing food, and they don't take it with them. As far as the, well, I think I did address that issue. I'm sorry. Oh,that's right,there it is. Mike brought up the fact that we did not have a rendering of the rear of the building,and you all have that. They've been passed out. This will be inserted into the proffer agreement between now and City Council. It's consistent with everything else. Now, one thing, all three of the renderings, they were done and Food Bank obviously is,you know,they're not like some of the developers who have a little bit more money. They're dealing, they're dealing with, you know, people's gifts of money and contributions. This is something that was done for them, and obviously it does not show that totally wooded buffer, 160 plus feet,that's not going to be touched between them and their nearest neighbors to the south or the west,and so that's not accurate as far as that's concerned,but the plan is clear and the proffers are clear, and this will be submitted, it will be included as an addition to existing proffer number two between now and the City Council public hearing. That's pretty much it. I could talk about the battery storage that came up this morning. This is essentially the same scenario,except in that case,the Navy had actually come in and paid the property owner to take away the right to do other things like residential, on what was zoned R-7.5. The Navy did not spend any money acquiring any development rights over this piece of property, but the owners of the piece of property, or basically told as of at 2004 changes at adding Article 18 to our Zoning Ordinance, that their property wasn't going to be developed residentially like the people behind them, and they weren't paid a penny for that opportunity being taken away. So this isn't,it's a very needed facility. Again, there was an email that was sent from the school over on the other side of Monet. I spoke to the owner, I don't believe they're here today. He indicated once he understood that it wasn't a public facility where people would be coming to pick up food that he didn't have any further objection. That's what he thought. Now, I don't know if anyone from the school is here or not, but they got the same email sent. I will be happy to answer any questions. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Mr. Bourdon, this is a 24-acre site roughly, total land disturbance is 12 acres. Is the non-disturbed property at place, any kind of conservancy, that you're aware of that protects that property from further development? Mr.Bourdon: We certainly, can place a proffer in here that the buffers between the building and the residential will remain undisturbed between now and the City Council public hearing, that is absolutely 100%the intent,and the front piece that's got a lot of woods on it,that's where the BMP is going to be, and there's really not room up there to do anything as far as any development's. concerned. But I know that's what, if that's also a concern, we can certainly look at that. Mr.Plumlee: I think the key indicates that the BMPs are not part of what's undisturbed. There's 12 acres undisturbed,then you have BMPs. So what I was trying to envision was what are sitting there as tree canopy would not be disturbed on that plan? Mr. Bourdon: I did understand, I do understand you. I wasn't talking about the BMPs per se. Yes, we can do the exact same thing as it pertains to all of the frontage on Dam Neck Road, between Dam Neck Road and the BMP. Mr. Plumlee: I'm taking it that there's going to be piping to these BMPs, and it's necessary because, you know, 110,000 square foot facility and parking and all that seven acres disturbance. That's the requirement. There are no BMPs currently. Those are BMPs constructed for this design. Mr. Bourdon: That's correct. What I was referring to, it was there's no realistic opportunity to build another building up in the front. That's what 1, that's, but, your point is well taken. You know,we have no,the intent is that all of the tree areas that are shown on there will remain,other than what we have to create the BMP and the Stormwater's already been analysed, and it clearly can meet the requirements. It's a lot of space not being,not being utilized for land disturbance. Ms. Cuellar: Thank you. Any additional questions for the speaker? Thank you very much. Hi, Mr. Tan. Just one second. Madam Clerk,we have speaker signed up in addition to Mr. Tan? Clerk: We do have three speakers in opposition. Mr. Tan: Good afternoon. I'm Chris Tan. I'm the President and CEO of the Food Bank. Thank you for the opportunity to consider this application, and thank you for all you do for our City. I would just really want to bring to light a couple of things that the Food Bank is thinking. So, number one,first of all,we don't want to be surrounded by light industrial. The purpose of buying this much land was actually to make sure that it remains much more like what the community would be. So that's walking trails for the community and ourselves,for our staff around that would also be agriculture and raised beds and farming,to tell the story of a healthy food that we provide to this community. If you really think about agriculture and where it's zoned now, we're the best thing that's going to bring that to back to what it's supposed to be. Agriculture is supposed to provide food for the community. There's no one else that's going to provide the amount of food that we're going to provide for the community other than the food bank. I want to give you just a few statistics that maybe will help you understand what we're trying to bring to the City of Virginia Beach and wanting to partner with you all. We're investing in a Food Bank on the rise, in the last three years, food banks across this country, 199 of them have seen about a 6% decrease in food. While this food bank has seen a 44% increase in food. In the City of Virginia Beach alone, we have provided double the amount of food we were providing three years ago to a value to the community of$40 million in three years. We are proud of that. We are delivering 70 million pounds the last three years. When you compare that to the previous four years,we are beating that number. So we are providing an additional year of food in three year period. We plan to grow, and the only thing holding us back from growth is a new facility. The other piece of this that I would say is that we are proud of our partnership with the city of Virginia Beach. When COVID came, the city of Virginia Beach stepped up and invested in their community, and we took that investment of$5 million over four years and turned it into$60 million worth of food for the citizens of Virginia Beach. we need your help in making sure that we can do this in the future. to kind of give you a picture of what that looks like for the city in the three years prior to these three years. So from 2019 to 2021,the city received about 11 million pounds of food from the food bank. The last three years, you've received 23 million pounds of food. that is mostly because of the investment that you've made in us and the investment that we've made in you. lastly, our, and I'm happy to answer more questions as well, but to kind of give you a sense of what that increase would be like. It would be like the city of Virginia Beach performing in the top 1%in,in increased revenue in the country while spending a million dollars less and not raising taxes. That's what we're offering to this facility. Through us, we will be able to provide probably 10 million more pounds a year solely through this facility. In three years, we will bring 7,300 volunteers a year. We'll bring 60 plus employees who average salaries $50,000 a year. I know we're not a business like most people think,but we operate much more like one than you think. those 7,000 volunteers represent 29 full-time equivalents to us,or 60,000 hours of work. They often come in the morning and they leave during lunchtime. So this is an opportunity for them. And finally, I would just say we're also going to showcase the nutrition of food and the farming community that currently exists in the city of Virginia Beach. So we thank you very much for your consideration, and I'm happy to answer any questions you might have. Ms. Cuellar: Do you have any questions for Mr. Tan? Commissioner Anderson? Mr. Anderson: Yeah. Thanks for coming. I just wanted, if you could explain a little bit more, your last statement about the garden farm, and presenting for the citizens that live close by there. Mr. Tan: Sure. So, our intent is around that area we would put within regulation, farming, farming gardens,so raised beds. Also,probably a little bit on the left hand side that,the part across from the BMP would be more of a farm, about, I think, three acres, where we would showcase what we have been focusing on, which is produce. So, in addition to increasing the food distribution, we've increased produce distribution by almost 40%. So, our goal is not to provide just food,but healthier food. So,the idea would be that our community members,the school next door could come by or have a piece of that property to grow their own food and learn how it grows, but also to help us harvest and to help us maintain those areas. So, it's another community experience for them so that we can talk more about the importance of healthy food in our community. Mr. Anderson: Thank you. Ms. Cuellar: Any additional questions? Commissioner Cromwell? Mr. Cromwell: In the outreach that you did, you said only 15 people out of 5,000 showed up, is that correct? Mr. Tan: That's correct. Mr. Cromwell: What were their comments? Mr. Tan: So in the beginning, they were probably what most people were concerned about, are we going to have a bunch of people that are coming here to seek food? There were some safety concerns for sure. We were focused on telling them, so this was the number one concern. We do not take public food there. This is where our partners come. So,we service about 23 United Way partners and then another 200 local churches that do their own food pantries. So, we, I think dispelled those room,those incorrections I guess. And then the other concern was whether or not there would be a large volume of truck traffic and what our, like, regular occurrence would be. So, we receive about one or two, at the most 53 food trucks a day. They're during the workdays of 07:30 to 03:30, and then we send out seven trucks a day. Again, not a huge traffic. So those are the two big concerns. And after that, many said that they would speak on our behalf. Mr. Cromwell: And there was 500 knocked on doors? Mr. Tan: Yeah. So, the 500, for the community closest to the location, we provided all the businesses and all of the community behind there with door knockers and things that left information. And not just about the meeting,but how to get in touch with us on our website,which showed some of the future plans as well. Mr. Cromwell: Thank you. Ms. Cuellar: Any additional questions? Thank you very much. Clerk: Our next speaker is Greg Panza, followed by Dan Wheeler. Mr. Panza: I'm Greg Panza, and Madam President, thank you. Board members, thank you for allowing me to come and talk to you. First of all, I applaud you all what you're trying to do. I'm not totally against it. I put against, I did, I lived there. I live on that corner right there where your retention pond is over there, and looking at the, I have all the paperwork, talking about the easements, talking about where we're not going to build and what we're trying not to do for the neighborhood. I've lived there for 17 years and the reason why I moved there is because of that view,that view out my backyard. I took my back fence down because of the beautiful view of the woods,the ambiance,the deer,the animals coming through the yard,feeding them. I'm not against that. However, I'm against having to look out my backyard down looking at a retention pond, which used to be woods. I know there's 160 foot easement, which basically let's take football. That's a half a football field, okay? That's a big space. I'm glad you're not going to destroy those trees or take those trees down. At least that's what I hope you're not going to do. But where I'm at right now, I am going to lose that. I've lived there for that reason and it bothers me in a couple of things. Number one, that easement, but number two, traffic. Our neighborhood goes from Holland Road to Dam Neck on Monet, okay? And we do experience some people who like to cut through that neighborhood. I will say there will be a problem with the fact that there's only one way in and one way out. So that means you got to come down Dam Neck Road going north to south, make that U-turn at the red light, which may back things up a little bit. But moreover, the people that are concerned,and I'm sorry,I did not get any notices about a meeting to meet and talk with y'all. I didn't get nothing. So that's why I'm here now. My other neighbor who's Ben, he unfortunately, he was going to zoom with you, but he can't because he's working. He gave me a couple things to talk about,which I can, but what I'm most concerned about is the safety factor of the neighborhood of people coming through there. We have a problem as it is right now with people cutting through there. The Virginia Beach police try to do their best to keep it down and they do pretty good. But now with this, I can see it happening even worse. People are going to say,ah, forget that. I ain't going to do a U-turn. Let's cut through the neighborhood and I can get right in there. No problem. That's a concern. Highly heavy with kids in that neighborhood. People walk through our neighborhood all the time, always going for walks, and that's another concern. I've only got a few seconds left, so I'll say that the main concern is the easement. That big old pond back there,you know,mosquitoes,bugs. We got enough of that. But now I'm going to have to put up with a retention pond along with that. Let's face it, okay, water brings insects, water bring breeds insects, especially mosquitoes. So that's one of my concerns. Thanks for listening. Like I said, I'm not against the Food Bank. I just think like,to see some corrections done to some things to make it more feasible for me to say. Yeah, it's going to be good. So,thank you for your time. Appreciate it.. Ms. Cuellar: If you could just pause Mr. Ponza for just a minute. I think we have a question. Commissioner Plumlee? Mr. Plumlee: I'm trying to get a sense of where you lived. It's in that, at the top corner next to the BMP? Mr.Panza: Right at the bend there. I live,right,that's my property right there, right at that bend where the two properties go like this. Mr.Plumlee: Those are the larger lots there. Mr.Panza: The other parts of my neighborhood who's been a plank owner of that neighborhood ever since it was built. He had, couldn't be here unfortunately, but, and you can see where that pond, it's almost buttoned up against there.. Mr. Plumlee: Just as a follow up, so then the road that you're saying the car cut through, is that Glastonbury Drive? Mr. Panza: No, it's Monet. If you look at Monet, see, Glastonbury and Monet come together at two points. But it also starts at Holland Road and goes all the way through to Dam Neck Road. And, like I said,the VB police have done not a bad job. It hasn't been egregious because,but, and I could just see that problem. I just,and also too,what's to prevent trucks from taking that shortcut through as well. Trucks,they're going to say,hey,I can't make that U-turn there,I got to go ahead and find some other way to get there. What going to get there that cut through,take that right,take that right,and you can get into the Food Bank with no problem,and that's another concern,traffic. Mr. Cromwell: Just as a follow-up there appears to be on Glastonbury Drive. Is that a stub street that stops there at the trees? Mr. Panza: They were talking about putting in a through there. Yeah, there's a side street that goes through there that we have a couple of bus drivers, school bus drivers that parked our buses there. Well, the, it was mentioned that, that we're going to open up and make that a road so the trucks can get through there to the back end because that's what leads to the back end or the delivery end of the Food Bank. That little cut through there. They didn't, they purposely, I don't know, like I said,I designed a neighborhood,but my neighbor was telling me they put that there so people can park off the street and keep their cars off of Glastonbury and have a place to park on the side road there, which was an like an easement. An easement for people. The concern was that they were going to open that up for delivery of their trucks. Now,since then, I've heard,no,they're not going to do that, and if that's the case,that's fine. That's a moot point. But it's the idea of,of, you know,you know,people are people, drivers are drivers. They're going to find an easy way to get someplace if they can. We all know that. And the easiest way to get into that Food Bank is no kidding. Instead of making that U-turn at that light with that big old rig, making that 90 degree, you know, 180 degree turn, why not cut through the neighborhood? And that way I, right, and boom, I'm writing, I'm in my, I'm in the Food Bank. That's a concern. Okay? Now if you can tell me that, you can put signs up there saying no trucks allowed. Good luck with that. That's been there a long time. So that's a problem. But my problem for me personally is the pond. I'm not, again,but give me the same easement that you're giving everybody else on the neighborhood there. Gimme that same easement. Don't touch our trees. Leave them alone. Because we don't wanna see the back of the building. Property values have soared in our neighborhood. I've checked them. Mine especially, I can't wait to sell. No. I love my neighborhood and I don't want to leave it, but I don't want to have to look at a pond in the back of my yard. That's all I'm saying. Ms. Cuellar: We have one more question. Commissioner Cromwell. Mr. Cromwell: Do you know how wide the easement is there? Mr.Panza: Let me put it to you this way, if that's a half a football field from that property line to the back of the building, you can see I'm cut basically in half, if not more. So, I'm talking about 20 yards, 20, maybe 25 yards from my property line to that lake that's going to be there. And you're going to have to tear them trees down to get that lake in. There's no getting around it. That's what bothers me not having that same kind of view. Let's just say I go to rent my property. Property values are going to go, may go down because of that, we don't know. I've got several realty friends and they said, yeah, that could happen. Those property values could go down because you're putting that light industry unit there. That's what the question that people have had all of the property going down to Dan Neck. You got an there at Dam Neck and General Booth, which was totally devastated back in the 80's and they didn't build on it for whatever reason. I was stationed there when that happened. You know,to me there's a lot other areas,and especially if you're talking about farming, and I heard you all, and I think it's a great idea farming for the Food Bank. I got to believe there's other areas you can do that in. Again,not against a Food Bank, we're in a residential area, and now you wanna put a light in, not a, and there ain't nothing light about 108,000 square feet. There's nothing light about 108,000 square feet. So that's my point with that. Our point, Ben's not here unfortunately, so I'm throwing some of his ideas in there as well from what he gave me, any more questions? Ms.Cuellar: Doesn't appear to be.Mr.Panza,thanks for coming out today. I appreciate it. Thank you very much and thank you for your service. Clerk: Our next speaker is Dan Wheeler. Mr. Wheeler: Good afternoon, everyone. Wasn't planning on speaking. I'd also like to say that I was never given notice until I received this postcard about, it was dated June 23rd, right before the 4th of July holiday. This meeting scheduled at noon. I feel like this was kind of forced on the neighborhood. I live almost right across the street from the man that just spoke. Ms. Cuellar: Could you please state your name just for the record? Mr. Wheeler: My name is Daniel Wheeler. I live on Aston Berry Drive and by this postcard it looks like they're going to rip every tree out of there. Of course, this has been explained to me, and I understand, and I appreciate the easement that you're proposing, and I hope that it does hold because it is an eyesore and it will drop property values if that is removed, I feel. I was also concerned with the hours of operation, which he made clear, 7:00 to 3:30-ish. I was concerned about the traffic, and especially at that Lanesborough, which is the name of the road that he was describing, that is going to be a cut through. That Glastonbury Drive, people park on both sides of the street. If two cars come,you almost have to pull over where a car isn't park so the other car can park. So, I'm concerned with cut through traffic as well. Other than that, he made the points that I would've made. Also, when the gentleman from the Food Bank spoke and the lawyer, whatever spoke and talked about the operations of the place,I have nothing against the Food Bank. I respect what they do for the community. Also want to respect the nature of the community I live in now to remain virtually the same or close to that, I yield my time. Ms. Cuellar: Mr. Wheeler, could you just point out to us where on Glastonbury you live? Mr. Wheeler: I live right at the curb. Let's see, I live at 3085. If you need to know a number. Ms. Cuellar: I was just trying to get a sense on the map. That's all, sir. Mr.Wheeler: I live catty corner to the man that just spoke. Ms. Cuellar: Okay. So you're up close to the BMP? Up to the BMP up at the top of the curb? Yeah. Mr. Wheeler: I am right near the retention pond as well, because it is just across the street from Glastonbury Drive from that gentleman's who does back up to it. But it was, still is, a view that I'll be seeing, and, again, the bugs and the mosquitoes. I know Lansdown Lakes has a lake right there, which is a large body of water, but do we need another one for more bugs and such is just a point to make. Ms. Cuellar: Okay. Commissioners, are there any questions for Mr. Wheeler? Commissioner Cromwell? Mr. Cromwell: Just to clarify,when did you get your note card postcard? Mr. Wheeler: It's dated the 23rd, so it has to go through the US Postal Service, and I got it like the end of June and then there's the 4th of July holiday. Then it says, if you wanna see the plans, you got to make an appointment, and it's the holiday weekend. I felt it was rushed. Thank you. Ms. Cuellar: Thank you Mr. Wheeler. Clerk: We're going to just check to see if Mr. Jackson is available to speak. Appears he's online. Ms. Cuellar: Please state your name for the record. Mr.Jackson: My name is Ben Jackson. I also live on Glastonbury Drive. I live next to next door to Greg,the first speaker on this. He covered a lot of the topics that I was concerned about. The big thing is tearing down the woods and the trees that we have back there. I've lived in the neighborhood for going on 13 years,and one of the big reasons why I bought in this neighborhood was because of the backyard setting. I know there's a concern and there's a need for supplying food and everything to the people in the City of Virginia Beach, but there's other places that this can be built. I have another concern that if this is rezoned to the light industrial, what will that mean for the other property parcels that are for sale in that area that are currently not zoned for that? Will other people in the future be able to come in and say, well, they got to do it, so why can't we build our storage facility or whatever we want right here? So I've got concerns with that as well. Then the traffic, like Greg said, the traffic is, we already have a big enough issue with peoples beating through the neighborhood,either through Glastonbury Drive or on Monet,and it's going to get worse as these trucks come in. I mean, we already have multitude of Amazon trucks going up and down Dam Neck Road all hours of the night. To increase traffic with more trucks to handle Dam Neck Road,you're just going to increase more and more issues on that street. I know they said operations are proposed that that's 07:00 to 05:00 and then eight to one. But,you know, it also said in the notes here that you know,cars that are trucks that are coming in,you know,can't idle for more than 15 minutes between the hours of 10:00 and 6:00 a.m. So,does that mean they're going to get deliveries and everything overnight? I mean,we already have jet noise and now we're going to have tractor trailers coming in at all hours of the night and dropping off and doing things. I mean,that's just,I mean,you're asking a lot. Also,the setback on the park,only a 20 foot setback from the Food Bank to the neighborhood park. I use that park every year. There's multiple sports teams that come out and use that park. So,there's a lot of kids,there's a lot of people that are right there. I don't think 20 feet setback is a safe enough environment for kids to be outta that park to have the public being able to go in and out whether they're volunteers or workers for the food bank, and that's all I really have at this time. Ms. Cuellar: Thank you. Mr. Jackson, if you could just stay on the line for a moment, should there be any questions from the Commission? Any questions from the Commissioners? Commissioner Cromwell? Mr. Cromwell: Did you get a postcard? Mr.Jackson: I did not. All I heard about a meeting was it was posted on that Nextdoor app,the day of, or maybe two days before it, something was posted about it. At that time I was dealing with some health issues, so I was home for the following three months. Not only was I home 24 hours a day,nobody ever came and knocked on my door to introduce themselves or say anything. We didn't get anything through the mail. There was no notice other than seeing what was on the Nextdoor app and then doing my own research on this. So that's how I've talked to other neighbors along the Glastonbury Drive. We've got new neighbors that have moved in after February that had no idea that the property was sold and what was going on behind them, that aren't happy with what's going to go back there. You know, talking with them like, well, I would've bought my house here if I had known they were going to cut all this down. Mr. Cromwell: You say they didn't get postcards either. Mr. Jackson: I don't know if they did. I'm not aware. I just know that I just know the people. Some of the folks that I've talked to weren't aware of what was going on, that they had no idea. The Food Bank, even the sign that was posted at the end of Waynesboro, I pointed out to multiple neighbors and they're like, well, what's that for? So I had explained to them, it has to be rezoned because right now it's that agriculture stuff. They had no clue. So there is a concern. I mean,the folks who live along that setback and that that tree line,there needs to be more information,there needs to be more of a meeting to discuss and to hear concerns and everything from the folks that are in be directly affected by this facility being put there. Mr. Cromwell: Thank you. Ms. Cuellar: Any additional questions for Mr. Jackson? Thank you very much Mr. Jackson for participating today. Ms. Cuellar: Madam Clerk. Do we have any other speakers? Clerk: The only other person I have is Mr.Dan Ruby,but I believe Mr. Bourdon said he was just available for questions. So that's it. Mr.Bourdon: Dan is the civil engineer who signed up in case there were questions,and he's still here. So, first of all thanks to the people who did, come down. The first thing that BMP that's shown up at the corner, which seems to be the concern of the three people who have spoken. The size of that is not yet been determined, but we certainly can put a preservation easement over at least 50-60 feet of trees,between that and their property. Understand too,that the property as it is zoned every tree on it can be removed. That's what farmers do. They farm their land. So, you know we're not sitting here saying, we're going to remove the trees. That's not going to happen. We'll put the easement on there. We have retention ponds that double as lakes in many neighborhoods, and the houses that are on those lakes, are worth more than the ones that aren't. They're an amenity. I can appreciate, you know, and we look forward to speaking possibly after the meeting, you know, we will 100% preserve the trees that there was always that intent, and supplement them if there were to be any disease trees, we do not have to touch those trees, however, to dig the BMP pond. That will take place from where all the other land disturbance is coming from. We're not coming in along the back. That's the last place we were going to,so those trees will remain that the gentlemen are looking at and behind it will be a lake, or a pond, a wet pond at that. The cut through idea, first of all, two to three trucks a day, they generally come during the day to deliver food,but early in the morning,trucks may arrive. Again, all the delivery trucks, the major delivery trucks are coming from the interstates. They're not coming from the southern part of Virginia Beach. If we're getting food delivered from some farm in the southern part of Virginia Beach,that's going to be during the day,but the significant deliveries do not come from our south or west. They come from our north and our northwest. I have no ability to comprehend unless it's an employee of the Food Bank, who lives on Holland Road, and there's an accident at Holland and Dam Neck or something cutting through to come here. I don't see how that I, I know people do cut through their traffic jams to go to one road to the other,but that's,this is an Amazon. We're not making any deliveries into the neighborhood. Not one. I think that their view, their lack of, I don't think it's going to be that much disturbed at all if we preserve the trees and have got a pond to look at. I will be happy to answer any questions. Ms. Cuellar: Thank you, Mr. Bourdon. Commissioner Plumlee? Mr. Plumlee: Along the Dam Neck roadside, there's a 50-foot setback on the conceptual plan, but along the Glastonbury Drive side,there's a 20-foot setback. Mr.Bourdon: It's building setback. Mr.Plumlee: Well,that's a building setback, a disturbance setback as well,right? Mr. Bourdon: No, the only place that there's a, I thought it was 25, it's either 20 or 25, that's required to be a buffer is along where the city park, where the park is located on the Monet Drive side. On the back, there's, I mean, the only thing that would be on there would be the standard setback. But we're talking about putting a preservation easement on and a landscaping easement on all of the tree area back there, and that way it doesn't get disturbed and it has to be maintained as well. Mr. Plumlee: You don't have volumes yet to determine the size of the BMP or was this roughed out? Mr.Bourdon: It's been through the first stage,and the staff has agreed that we can meet the storm water policy requirements, but it has not gotten to the point where it's completely engineered. That's correct. Mr. Plumlee: But if you could take more volume at the BMP closest to Dam Neck, you could reduce the size of the BMP closer to the neighborhood. Mr.Bourdon: That's correct. There's plenty of room there. We can maintain a larger tree buffer back there. Our view was candidly, those folks would be the happier folks. The ones that have come down today because they don't have a parking lot or a building behind their house. They have trees and a pond. Mr.Plumlee: Just to clarify,with regards to the preservation easement that would be put in place that runs with the land? Mr.Bourdon: That's correct. Mr. Plumlee: That would be forever. Mr. Bourdon: It would be a part of the proffered agreement. It would be something that the zoning department City of Virginia Beach would enforce. Mr. Plumlee: And therefore, where that stub street's located, there would not be connection. It would interrupt that stub street. There would be no future point of connection that would run traffic into Glastonbury, into that neighborhood. Mr. Bourdon: Absolutely. Mr. Plumlee, we would have no aversion to putting a one foot, no ingress-egress easement across the portion of our boundary that is shared with the end of that street. That's an easy one. Mr. Plumlee: I'm just trying to highlight a couple of things that could be of benefit to the folks with regards to this. One other thing that may be of use in just looking at the elevations, I get the impression there's a darkened coloring on the backside where the truck, loading dock areas, but that the siding is of a brighter nature that's more visible through trees and through other things, is a way to change that,or would they be willing to change it in a way to darken it so that you couldn't see, easily the structure through the trees? Just as a suggestion, because I think that is a high concern that people do not, well,their vista is not interrupted with the building if possible. Mr. Bourdon: Mr. Plumlee, I completely concur. Mr. Plumlee: I'm not talking about the frontage, but I'm talking about along where the neighborhood is. Mr. Bourdon: Along the side of the building and even where the loading dock is, you know,to have a darker earth tone, and then this is a beige tan,we could make it a darker earth tone. That's a very constructive suggestion,and we can certainly manage to do that at the same concrete tilt up they make in more than one color. Ms. Cuellar: Okay. We have Commissioner Camp and then Commissioner Schoonover. Mr. Camp: Thank you Mr. Bourdon. A clarification with regard to the tractor trailer freight traffic,you would anticipate that those trucks coming from Interstate 264 will come down London Bridge,come to Dam Neck, and then come into this facility? Mr.Bourdon: There or from Indian River Feral Parkway and then turn onto Dam Neck and come into this facility. Mr. Camp: Thank you for that clarification. You understand that we are also working through the comprehensive plan, and the comprehensive plan does not anticipate a freight corridor type usage on Princess Anne or Feral Parkway that it anticipates at this type of traffic will come down London Bridge onto Dam Neck, and if as a new light industrial use right in this area by the intersection of Princess Anne and Dam Neck, if we're learning that the market feels that its drivers are more likely to be driving up through District 1,District 7 with those tractor trailers,that is very important to us. Thank you. Mr.Bourdon: Well,I know with the Amazon applications their traffic,will be London Bridge to Dam Neck, and that's not to suggest in any way that they won't come. Mr. Camp: I'm only asking about your application, so thank you. Ms. Cuellar: Commissioner Schoonover. Ms. Schoonover: I think you essentially addressed my question inadvertently through his, but I was going to say, if there's an issue with people driving through certain areas, you own the land, could you put up your own sign saying no through traffic or what have you? Mr. Bourdon: I'm sorry, my hearing is bad and the acoustics here are terrible. Ms. Schoonover: I'll try to yell. I think you inadvertently answered my question before, but just in case it comes up again, I was going to say that if there's concern about driving through that property through a different direction, if you own the land, could you not put up your own signs to address that issue so they wouldn't have to worry, no through traffic or what have you? Mr. Bourdon: Well,there is no ability to come into our entrance and get into the neighborhood. What the gentleman was talking about is there's a stub street off of Glastonbury that is basically behind the building. That's never, it was there when the neighborhood was platted. We can't get there with the trees,but what I did say is we will absolutely be happy to put a one foot,no ingress- egress easement, which is what the city does along highways, when you're not going to get any access across it. We can put that on our property where that Stubb Street ends, but there is no ability to get, and we have, we will not permit, but that's the way to permit it because there's no other way to get into the neighborhood other than to go into Monet. But that is a city park. We can't get there. It's just that stub street, and we will,that will never happen. We will see that that happens with a no ingress-egress easement across it. That'll be a part of site plan. Ms. Cuellar: Any additional questions for the applicant? Commissioner Cromwell? Mr. Cromwell: Mr. Bourdon, can you address the mailing of the notices? The first gentleman said he never got his,and he lives right behind. He's on Glastonbury. Mr. Bourdon: The city mails notices out that they were referring to that they received those,the city notices that the City would've sent out three to four weeks ago. As far as,the notices that the Miles agency delivered and that were mailed back in January for this meeting in February. I do not know,but we know people received them. We had numerous people. We've had gotten emails from people who didn't come to the meeting thanking us and telling that they were supportive. So we know they were delivered. Now, now again, it's conceivable that, you know, postal service didn't deliver. You know, some of them who knows, I mean,we all have problems with the postal service these days,but those would've been houses that would've been knocked on and left on the door,but I wasn't doing that. But that is exactly what,Ms.Miles and her agency took care of back in January of this year. Mr. Cromwell: Thank you. Ms. Cuellar: Any additional questions? Thank you very much. Thank you. Yes, Ms. Alcock? Ms. Alcock: I just wanted to provide some more clarification to Commissioner Cromwell's question. So it looked like the piece of paper that Mr. Panza held up was the letters that the city sends out to adjacent property owners. Based on the list that I've pulled up, Mr. Jackson was also on that list to receive the notification, so I'm not sure why it did not get delivered to him, but that is the notice that Mr. Panza was showing earlier, was the one sent by the city. Mr. Cromwell: So the city sent out letters to everybody on Glastonbury? Ms. Alcock: Not everyone on Glastonbury. I have the full list of addresses here on Holland, Glastonbury, Monet. It was about 54 notices that went out, and that's based on the adjacent property owner notification requirement in the state code. Mr. Cromwell: Thank you. Ms. Cuellar: I'd now like to open up the floor for discussion and a motion. Commissioner Plumlee? Mr. Plumlee: I'd just like to make a motion so we can discuss its contents openly. We've talked a lot about the preservation easement that affects my opinion greatly about the application. There appears to be in the proposed conceptual drawing, 12 acres of total land disturbance that's indicated. and then it breaks down what those disturbances are. What I wanted to do is make a motion to approve the application with all the conditions as part of the application agreed to by staff, but add to them that there be a preservation easement placed along all areas where there is no disturbance. Further, that a no ingress-egress will be placed on the opposite side of that stub street, the name I can't remember of the street- Lanesborough. If we could reduce the northern side BMP some amount to reduce the dependency on that, if it needs to expand the BMP closer to Dam Neck,that they do that,because that's one of the main objections by the neighbor,who came to speak, assuming it's lawful for me to make those. Ms. Cuellar: Ms. Eisenberg I think is going to clarify that for us. Commissioner Plumlee? Ms. Eisenberg: Unfortunately, it's not at this juncture. Since it's a proffer agreement of a conditional rezoning, it can't be changed at the hearing. But I do think that the applicant was stating that they would make those changes between this hearing and City Council's hearing,but it looks like the applicants agent can speak to that. Mr.Plumlee: So in that 10-day window. Ms. Cuellar: Yes,Mr. Bourdon. Mr.Bourdon: We will stipulate that if you all desire as a Commission,that we put a preservation easement on all of the treed areas beyond what is shown here or required by the stormwater regulations. We would entertain doing so, but we don't know. I've also suggest that we certainly will increase the size of the tree buffer adjacent to those couple of houses because that pond can just as easily go further up and be changed in its in its dimensions that we didn't think that pond in that location would be objectionable, but my client will have those conversations with these gentlemen and I think we can work that part out. Mr. Plumlee: Well, since we're talking about things I cannot control. I would also ask within that list that you consider a different coloring for the exterior that's on the side of the Glastonbury Drive. Of course, this is a wishlist now because I can't lawfully amend what's been put in front, but I wanted to make clear so that, because this isn't just watched by people at home with popcorn because it's so entertaining, it's actually watched by members of council,and they see,make these representations right here live and they're going to insist upon them. Mr. Bourdon: As do all of the city staff. That's okay. We will massage our proffer agreement to include the suggestions that you have made. If the Commission is in agreement,and I certainly believe they will be, that we'll make those changes, those additions to the delete the existing proffers. Mr. Plumlee: Thank you. So going back, I'm making a motion to approve as submitted, and I don't know if there's a second,but I've made the motion. Ms. Cuellar: Is there a second? Ms. Byler: I'd like to second the motion to approve the application and to the extent that Commissioner Plumlee discussed it. I would like to add my discussion that while I appreciate any efforts to make the neighbors happier with the application,that would be wonderful. Also, I think long and hard before I vote in favor of moving Virginia Beach property from agricultural to light industrial. I don't take this vote lightly. I think it's an important vote. This property has very limited application anyway, and this happens to be one of the few things that it seems well suited for. We all, of course, applaud the efforts of the Food Bank of Southeastern Virginia. Ms. Cuellar: Thank you, Commissioner. Is there further discussion? Commissioner Camp? Mr. Camp: I also applaud the suggestion of reengaging with the neighbors to see if this can be tailored out to be more satisfactory through the site plan and detailed process that is commendable. I agree with my fellow Commissioner Byler with regard to conversion to industrial space. In this case,the site is above the green line, and that is an important distinction for me particularly in this area. Thank you. Ms. Cuellar: Thank you, Commissioner. Any additional discussion? Commissioner Mauch? Mr.Mauch: Outta of curiosity. Since the DEQ regulations for BMPs have has now incorporated, tree canopy or as a best management practice,has our city, ever had anybody use that as a BMP? Ms.Bookholt: To my knowledge,it hasn't been used yet. We have had instances where you drain into conserved open space. It really is site dependent what the downstream conveyance looks like, but to my knowledge,no one has used a tree as a BMP yet, but it is an option. Mr. Mauch: Okay. Well, I think if it were to be preserved and this may be an opportunity to explore that and may have the ability to make that retention pond,a little bit more palatable for the neighbors. Just a suggestion. I don't know how much it's going to actually help,but,I think saving our tree canopy is something that would be extremely beneficial to all citizens. Ms. Cuellar: Thank you. Commissioner. We have a vote on the floor for approval by Commissioner Plumlee, seconded by Commissioner Byler. Are there any Commissioners abstaining. Clerk: Vote is open. By recorded vote of 10 to 0, item number 12, Foodbank of Southeastern Virginia and Eastern Shore, Inc. 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 Proffers Proffer 1 When the Property is developed, the layout of the improvements, including access, the building, parking, onsite vehicular circulation, sidewalks, walking trail and landscaping shall be substantially in accordance with the two-page exhibit entitled "SEVA FOODBANK—Conceptual Development Plan" dated March 2, 2025, and prepared by Timmons Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter "Site Plan"). Proffer 2 The exterior of the warehouse, packaging and distribution center building depicted on the Site Plan shall utilize tilt-up concrete/cementitious panels as the primary exterior material along with glass and metal.The building will not exceed thirty-five feet (35') in height and be substantially similar in appearance with the exhibit entitled "FOODBANK EXTERIOR ELEVATIONS VIRGINIA BEACH, VA" dated March 2, 2025 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter the "Elevations"). Proffer 3 The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. Proffer 4 Food delivery and distribution vehicles shall not be permitted to run their engines while parked on premises for longer than 15 consecutive minutes between the hours of 10:OOPM and 6:00 AM daily. Individuals shall not be permitted to spend the night in a parked vehicle on the premises. Proffers 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. Michael D. Hayes From: Yifei Shi <yifei@vt.edu> Sent: Monday,July 7, 2025 5:46 PM To: Michael D. Hayes Subject: Foodbank of Southeastern Virginia and Eastern Shore, Inc. 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 Yifei Shi and I'm the property owner of 1744 Madison Crossing Ln,Virginia Beach,VA 23453. 1 am writing in response to the notification regarding the rezoning application submitted by Foodbank of Southeastern Virginia and Eastern Shore, Inc.for the property located at 3325 Dam Neck Road.As a homeowner directly adjacent to the proposed site, I would like to formally express my concern about the potential short- and long-term impacts this development may have on my property and the surrounding neighborhood. When I purchased my home, one of the primary reasons for choosing this location was the presence of the wooded buffer behind my property. It provides a crucial sound barrier in an already high-noise environment due to proximity to the air base in some manner. The removal or disruption of this green space for a light industrial warehouse would reduce this natural buffer, leading to higher levels of constant ambient noise. This is not a trivial quality-of-life issue—it directly affects my daily comfort, my family's health, and likely,the long-term value of my property. Additional specific concerns include: Decreased Property Value:Transitioning adjacent land from green space to light industrial zoning will likely decrease the value of nearby residential homes.Warehouses and the accompanying increase in heavy truck traffic, loading operations, and 24-hour activity are known to have adverse effects on neighborhood desirability. Environmental Disruption:As a LEED Accredited Professional, I am particularly sensitive to the environmental implications of land use changes. Loss of tree cover and permeable surfaces could impact stormwater runoff, microclimates, and wildlife habitat. Has an environmental impact study or noise assessment been conducted?Will the development meet any sustainability or low-impact design standards? Light Pollution: Industrial facilities often require overnight lighting for security and operations. Light trespass from floodlights can be intrusive in nearby homes, especially in formerly low-light residential areas. Traffic Safety and Patterns: Dam Neck Road already experiences high volumes of traffic during peak hours. The addition of frequent commercial vehicle traffic may strain infrastructure, increase wear on roads, and elevate risk of accidents or delays. It may also alter turning patterns and access points near residential driveways. i I respectfully urge the Planning Commission to consider the cumulative community impact this project may bring and I strongly recommend requiring the applicant to conduct a full environmental and neighborhood impact study, and to explore sustainable site development strategies aligned with LEED principles or Virginia Green standards. Community engagement should also be prioritized before this rezoning is approved. Please consider this letter as part of the public record for the July 9th hearing. I would appreciate confirmation that it has been received. Unfortunately, due to daily work, I may not be able to participate virtually or in person. Thank you for your time and attention to this matter. Sincerely, Yifei 2 Michael D. Hayes To: Michael D. Hayes Subject: FW: Landstown Redident -----Original Message----- From: daniel.steinel@icloud.com<daniel.steinel@icloud.com> Sent:Tuesday,July 8, 2025 3:15 PM To: Kristin A. Bauer<KBauer@vbgov.com> Subject: Landstown Redident CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please for the love of god do not build this food bank at this location.The traffic has tripled on Dam neck rd and holland over the past 5 years. We have not even seen the added traffic when Amazon is up and running a 100%. We already have enough people speeding on Monet dr cutting thru please do not add more with a food bank. If you lived on Monet would you want this. How about using some of the big businesses that have closed there doors already. Especially food stores you all ready have the building. I vote no Mr Dan Steinel 37 year resident of landstown. 1 FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC., a Virginia non-stock corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 314 day of March, 2025, by and between FOODBANK OF SOUTHEASTERN VIRGINIA AND EASTERN SHORE, INC., a Virginia non-stock corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in District 2 of the City of Virginia Beach, Virginia, containing a total of approximately 23.898 acres designated as "PARCEL A", "PARCEL 37" and "PARCEL 38" and described in Exhibit "A" attached hereto and incorporated herein by this reference which combined parcels are hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 Agricultural District and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on GPIN: 1495-12-7948-0000 1495-12-3916-0000 1495-12-2749-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the I-I Light Industrial District by the existing Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid r��o quo for zoning,rezoning,site plan,building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, representatives, assigns,grantees, and other successors in interest or title: I. When the Property is developed,the layout of the improvements,including access, the building, parking, onsite vehicular circulation, sidewalks, walking trail, landscaping and forested Preservation Areas shall be substantially in accordance with the two-page exhibit entitled "SEVA FOODBANK— Conceptual Development Plan", dated March 2, 2025 —Rev. July 23, 2025, and prepared by Timmons Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference(hereinafter"Site Plan"). 2. The exterior of the warehouse,packaging and distribution center building depicted on the Site Plan shall utilize tilt-up concrete/cementitious panels as the primary exterior material along with glass and metal. The building will not exceed thirty-five feet (35') in height and be substantially similar in appearance with the exhibits entitled "FOODBANK EXTERIOR 2 RENDERING #1 VIRGINIA BEACH, VA" dated March 2, 2025 — Rev. July 23, 2025 and FOODBANK EXTERIOR RENDERING#2A,VIRGINIA BEACH,VA"dated March 2,2025 - Rev. July 23, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter the "Elevations"). 3. The Grantor shall retain and preserve those designated forested natural areas on the Property as depicted on the exhibit entitled, "SEVA FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT" dated March 2, 2025, Rev, July 23, 2025, prepared by Timmons Group, as both aesthetic landscaping buffers and natural stormwater treatment areas. The FOODBANK FORESTED NATURAL PRESERVATION AREAS EXHIBIT has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein by reference (hereinafter "Preservation Areas Plan"). 4. The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. 5. Food delivery and distribution vehicles shall not be permitted to run their engines while parked on premises for longer than 15 consecutive minutes between the hours of 10:00 PM and 6:00 AM daily. Individuals shall not be permitted to spend the night in a parked vehicle on the premises. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2 and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, 3 The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor-and the Grantee. 4 WITNESS the following signature and seal: Grantor: FoodBank of Southeastern Virginia and Eastern Shore,Inc., a Vir ' is non-stock corporation By; (SEAL) Christopher Tan, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31d day of March, 2025, by Christopher Tan, President of FoodBank of Southeastern Virginia and Eastern Shore, Inc., a Virginia non-stock corporation, Grantor. Notary Public My Commission Expires: August 31, 2026 °°��•�� .h,'••��4 Notary Registration Number:192628 .°QC�f•�•�OMMo �•;� o n w LIC �'.��-'�•�.�/NIA /�� ••;..411••••• 5 EXHIBIT "A" PARCEL A: All that certain lot, piece or parcel of land, situate, lying and being in Princess Anne Borough of the City of Virginia Beach, Virginia and being known, numbered and designated as "Jackie Hunter Estate, 12.6 acres", on a certain plat entitled"Survey of Part of Property of Jackie Hunter Estate, Located at Landtown, Princess Anne Borough, Virginia Beach, Va.", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 66, at Page 3. Less and Except that portion of property taken by the City of Virginia Beach dated June 5, 1984 and recorded in Deed Book 2339, at Page 454. Less and Except that portion of property taken by the Commonwealth of Virginia dated January 9, 1992 and recorded in Deed Book 3066, at Page 8. GPIN: 1495-12-7948-0000 PARCEL 37 and PARCEL 38 ALL THOSE two certain tracts, pieces, parcels or lots of land, with the buildings and improvements thereon, situated in the City of Virginia Beach, Virginia, designated as "37" and "38" as shown on a plat made by J.E. Old, Surveyor, and inscribed "Subdivision for W.W. Sawyer, and Edwin J. Smith of a tract of land near Land Town in Princess Anne County, Va., being a part of the tract of land conveyed to the said W.W. Sawyer and Edwin J. Smith,by Mary Ann Brown, and others, by Deed dated May 27, 1913, J. E. Old Surveyor". The lots or parcels of land hereby conveyed being numbered thirty-seven (37) and thirty-eight (38) respectively, a shown on said plat; Lot 37, containing six (6) acres, and Lot No. 38 containing Five and eighty- seven one-hundredths (5.87) acres, as will more fully appear from said plat which is annexed to and made a part of a certain recorded deed from Julian C. Sawyer, et ux to James Hunter, dated January 1, 1919. SAVE AND EXCEPT that certain lot, tract or parcel of land, together with improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and designated as "STRIP OF PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR STREET AND HIGHWAY PURPOSES 0.350 ACRE" as shown on that certain plat entitled "PLAT SHOWING RIGHT OF WAY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM LEWIS H. BRINKLEY, JR. - PRINCESS ANNE BOROUGH-VIRGINIA BEACH, VIRGINIA-SCALE: 1"-40' -DATE: AUGUST 1983- REVISED 2/2/84 - PREPARED BY JOHN E. SIRINE AND ASSOCIATES, LTD. - SURVEYORS; ENGINEERS/PLANNERS", which said plat was attached to, made a part of and recorded with that certain Deed from Irvin Louis Brinkley, Sr., et ux, et al to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, dated June 13, 1985 6 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2420, at Page 1521. GPIN: 1495-12-3916-0000& 1495-12-2749-0000 H:\AM\Conditional Rezoning\-Foodbank\Proffer Agreement.docx SITE DATA: GPINs 1495-12-2749 1495-12-3916 .._._._ __ 1495-12-7948 �.. a,. TOTAL AREA 24.2+/-AC EXISTING ZONING AG-1 &AG-2 PROPOSED ZONING 1-1 BUILDING AREA 103,345 SF PARKING REQUIRED 130 SPACES r � �* PARKING PROVIDED 142 SPACES a 77 � E , „ r 3 � n N� -__ ---421.33' 9 � s'°t CAD II rY . 1 y� 1 r ry �Vp/ �,y��G'�nyyL��J�� L✓.,.`IY� 1`T1;'l".IJI��G' .V 77 I;AII/Ly.. W:.LtnYI1_ s�G S L Co) Y°T C'Y ro r 1, SEVA FOODBANK TIMM Conceptual Development Plan - March 2, 2025, Rev. July 23, 2025 1— GROUP FNGINEE RING Of51GN i TECHNOLOGY GFREAAf N�TEA aEf I I N'F m E - Iv/F SWAMP FOY t U AMIR YAHYA RA21 PROST.PER"ESLLC P WM TE A. y I 1 (1NST 202203014108) IT" T11R"»A x.� E nND I . R> (fNO.B.10021 P 41 ) L 'PIN 14952J522500)IJ vE GPIN 149r13fNM6(NW IE EDFRAL FAffR k yK, R 4 xpI G}� 11 Rv., RTIg MRxA` 2'LLv.^J 1 Z'4 NR -'O-. f O Iti OO .. H ND RN E f ff TI E NA d TW fD N i {aL " x M NP L ? 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OR(STR-OR) OR A�1�2 A112 I A`24 A2.4 A36 n A24 vm 341H S� � OR(STR-OR) ��-, Al2 Al 8 A24 ® Site " p Zoning YPB, LLC w � 0 Property Polygons 309, 311 , 313, 315, 3177 & 319 34th Street S �l Building Feet 0 15 30 60 90 120 Map created by Planning Department on 7/15/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YPB, LLC [Applicant& Property Owner] Conditional Rezoning (OR, A-12, A- 24, A-36 to Conditional A-24 Apartment District) for the property located at 309, 311, 313, 315, 317, & 319 34t" Street (GPINs 2418937197, 2418937139, 2418936196, 2418936137, 2418935193, 2418935135). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 19, 2025 ■ Background: The applicant requests to rezone a 42,000-square-foot site from OR Oceanfront Resort District, A-12, A-24, and A-36 Apartment Districts to Conditional A-24 Apartment District. The proposal includes demolishing existing multi-family buildings, vacating interior property lines, and constructing a 20-unit multifamily condominium development, resulting in a density of 20.77 units per acre. The site lies within the Resort Strategic Growth Area (SGA) and the Seapines Station neighborhood. The site is located within the 70-75 dB DNL noise zone, where residential uses are generally incompatible with Navy flight operations per Article 18 of the Zoning Ordinance. However, City Council's 2023 amendment to Article 18 (Section 1804(e)) allows the form or location of previously authorized dwelling units to be modified, provided they are not relocated to a higher noise, accident potential, or clear zone. The amendment also requires a 5% reduction in units affected by a discretionary action. Based on the current zoning, 21 units are considered previously authorized. Applying the 5% reduction, a maximum of 20 dwelling units is permitted. The Joint City-Navy Review Process (JRP) Group reviewed the proposal on March 18, 2025, and confirmed that the density of 20.7 units per acre is appropriate and consistent with Article 18. The project includes six multifamily buildings: four triplexes and two quadplexes. Each three-story unit will be 42 feet tall, which is within the 45-foot height limit for A-24 Apartment districts. Materials include fiber cement siding, metal roofing, architectural shingles, louvered panels, board and batten shutters, and carriage- style garage doors. Each unit will have a two-car garage and two off-street spaces, exceeding the two-space minimum required by Section 203(11) of the Zoning Ordinance. YPB, LLC Page 2 of 5 The applicant is requesting deviations to setbacks through provisions Section 107(i) of the Zoning Ordinance. As such, the applicant is requesting a deviation to the front, side, and rear yard setbacks for this development. As described earlier and in accordance with Section 602(d) of the Zoning Ordinance, the required front setback is 30 feet, side yard setback is 10 feet, side yard setback when adjacent to a street is 30 feet, and rear yard setback is 10 feet. The proposed plan shows a 5-foot rear yard setback on the east side of the site, front and side yard setback, from 34th Street and 34t" '/2 Street of 13 feet for the balconies and 18 feet for the enclosed structures, and a 12-foot front yard setback on the west side of the site fronting Arctic Avenue. Given that the properties directly east are zoned OR, with a required 5-foot build-to line and 5-foot side setback, the requested variances, are supported by Staff and the Planning Commission, and will provide a reasonable and compatible development in relation to the adjacent properties. Proposed right-of-way improvements include pavement widening, curb and gutter, and 5-foot sidewalks along 34th Street and Arctic Avenue, as well as pavement and curb improvements along 34'/2 Street. Existing building and structural encroachments in the right-of-way will be removed with this development. Per Section 3.5.13 of the Public Works Design Standards Manual (PWDSM), a 25-foot curb radius is required at 34th Street and Arctic Avenue, and 15 feet at Arctic Avenue and 34%2 Street. When measured at the edge of pavement, a 3-foot tangent separation is proposed instead of the required 25 feet, necessitating an administrative variance to the PWDSM be granted by Public Works. ■ Considerations: The conditional rezoning request aligns with the Comprehensive Plan's vision for the Resort Strategic Growth Area (RASAP), which aims to develop a vibrant, year-round coastal community. The plan's goals include providing a safe, comfortable environment, preserving the oceanside resort character, and rehabilitating historic properties. This proposal supports these objectives by offering high-quality, for-sale residential units that encourage homeownership and year-round occupancy. The proposed density of approximately 20.7 units per acre is appropriate for this infill site, which benefits from existing infrastructure, transit, commercial services, and recreational amenities. Overall, the project advances RASAP's goal of expanding residential options within walkable distance of the oceanfront and commercial corridors. As stated previously, the applicant requests setback deviations under Section 107(i) of the Zoning Ordinance for front, side, and rear yards. Proposed setbacks include a 5-foot rear yard, 13 to 18 feet along 34th and 34'/2 Streets, and a 12- foot front yard on Arctic Avenue. These variances are supported by staff and compatible with adjacent OR-zoned properties. An administrative variance is needed for curb radius requirements. Should the Conditional Rezoning request be approved by City Council, Public Works is amendable to granting said variance to the PWDSM. YPB, LLC Page 3 of 5 Following discussions with the Planning Commission at the public hearing, the applicant revised the proffer agreement to include a new Proffer 5. This provision specifies that garage areas within each unit must be used exclusively for the storage and parking of motor vehicles and may not be converted into living space. Additionally, Proffer 5 prohibits the leasing, licensing, or rental of any unit for a term of less than thirty (30) consecutive days. These restrictions will also be reflected in the Condominium Declaration for the property, as noted in the added proffer. The proffer agreement was revised and submitted prior to the proffer deadline of 10 days prior to City Council. Six speakers attended the Planning Commission hearing, including four in support and two in opposition. Those in opposition raised concerns about illegal Short- Term Rental operations, tree removal on the property, and non-compliance with the Seapines Station Voluntary Design Guidelines. Additionally, nine letters of support and twelve letters of opposition were received, with opposition letters primarily citing concerns about illegal Short-Term Rental activities on the property. 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 8 to 1 with 1 abstention. Proffer 1 When the Property is redeveloped and landscaped, it shall have the site and parking layout, building layout, setbacks and dimensions along with landscaping substantially as depicted and described on the exhibit entitled, "34th STREET MULTI-FAMILY - CONCEPT PLAN - VIRGINIA BEACH", dated 03/02/2025, revised 06/16/2025, prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning and Community Development (the "Concept Plan") and is incorporated herein by this reference. A detailed landscape plan for the depicted landscaped areas as depicted on the Concept Plan shall be submitted to the Development Services Center with the Site Development Plan. Proffer 2 When the Property is developed, it shall be as a twenty (20) townhome residential condominium community. Each townhome shall have a two (2) car garage as well as two (2) onsite parking spaces in the driveway which is a part of the unit. With the exception of the fact that the buildings facing 34th Y2 Street will not include any cupolas, the four (4) buildings containing three (3) townhomes and the two (2) buildings containing four (4) townhomes depicted on the Concept Plan shall utilize the architectural design and features, substantially as depicted on that exhibit entitled, "34th Street Townhomes - 3-plex and 4-plex", dated 03/02/25 which has been exhibited to the Virginia Beach City Council, is on file YPB, LLC Page 4 of 5 with the Department of Planning and Community Development (the "Buildings Rendering") and is incorporated herein by this reference. The buildings facing 34th Street shall have a minimum of three (3) cupolas. Proffer 3 When the Property is developed, the exterior building materials to be used on the townhome structures and the height of the structures shall be as described and depicted on the Buildings Rendering. Proffer 4 When the Property is developed, it shall have a lot coverage not exceeding fifty- eight percent (58%), with side yard setbacks east side of five feet (6), front and rear yard setbacks from 34th Street and 34thY2 Street of thirteen feet (13') for the balconies and eighteen feet (18') for the enclosed structure and side yard setbacks west side from Arctic Avenue of twelve feet (12'). Proffer 5 When the Property is developed, it shall be subject to a Condominium Declaration which shall include a mandate that the garage area of each unit be used for storage and parking of motor vehicles and preclude the conversion of garage area to living space. In addition, the Condominium Declaration shall expressly preclude the leasing, licensing or renting of all or any portion of any unit for a period/term of less than thirty (30) consecutive days. Proffer 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter from The Resort Advisory Commission Planning & Design Review Subcommittee Letter(s) of Support (9) Letter(s) of Opposition (12) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. YPB, LLC Page 5of5 Submitting Department/Agency: Planning Department City Manager: T' Agenda Planning Commission ' • • 2025 CouncilCity • Project Details Request \ Sz Conditional Rezoning (OR Oceanfront Resortt„a� District, A-12, A-24, & A-36 Apartment Districts to Conditional A-24 Apartment District) 0(b Staff Recommendation � tm Approval Staff Planner Marchelle Coleman Location 309, 311, 313, 315, 317, & 319 34th Street GP/Ns 2418937197, 2418937139, 2418936196, 2418936137, 2418935193, & 2418935135 _ Site Size 42,000 square feet A/CUZ 70-75 dB DNL Watershed -� Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling, multi-family dwellings/OR Oceanfront Resort, A-12 Apartment, A-24 Apartment, A-36 Apartment a Surrounding Land Uses and Zoning Districts t �,� _ 01A ` North th i .!a r 34 Street Multi-family dwellings, office/A-12 Apartment, ` : i 0-2 Office ;L ss � South 34th Street Multi-family dwellings/A-12 Apartment, A-18 Apartment, A-24 Apartment East Multi-family dwellings/OR Oceanfront Resort West Arctic Avenue Single-family dwellings/A-24 Apartment YPB, LLC Agenda Item 13 page 1 of 17 Background SummaryofProposal • The applicant is requesting to rezone six parcels, totaling approximately 42,000 square feet, from OR Oceanfront Resort, A-12 Apartment District, A-24 Apartment District, and A-36 Apartment District to Conditional A-24 Apartment District.The parcels will be redeveloped with a resort residential townhouse condominium community, resulting in an overall density of 20.77 units per acre. • The applicant owns the six parcels, each containing 7,000 square feet with a combined 300 linear feet of frontage along 34th and 34th % Streets and 140 feet of frontage along Arctic Avenue. • The 42,000 square foot site falls within the Resort Area Strategic Growth Area (SGA) and within the boundary of the Seapines Station neighborhood. • Additionally, the site is located within the 70-75 dB DNL noise zone, where residential uses are deemed incompatible with Navy flight operations per Article 18 of Zoning Ordinance. In 2023, the City Council approved an amendment to Article 18, adding Section 1804(e), to allow for previously authorized dwelling units to be changed in form or relocated, provided they are not moved to a higher noise zone, accident potential zone, or clear zone and that any previously authorized dwelling units affected or changed by a discretionary action be reduced by five percent. Previously authorized dwelling units are defined as residential uses currently permitted or approved prior to December 20, 2005, either as a matter of right; subject to a conditional use permit or proffer agreement; or subject to any prior city council approval. Using this definition, the 21 dwelling units would be considered previously authorized based on the existing zoning of the parcels, and as such the provisions of Section 1804(e) would apply. • While 21 dwelling units would be permitted under the current zoning classifications of these parcels, the 5% reduction regulations will limit the total number of residential dwelling units for the entire site to 20 units. The applicant is proposing a total of 20 units with this development,thereby meeting the requirements of Section 1804(e). • As depicted on the proffered plan, the interior property lines will be vacated with the proposed redevelopment of the site. • Appendix E, Section 1.4, A, 1 of the City's Ordinance specifies tree canopy requirements for residential developments based on the lot size.The proposed 42,000 square lot requires a minimum of 1,000 square feet of tree canopy coverage.The required canopy coverage has been provided, as depicted on the proffered plan.The proposed landscaping appears to meet the requirements of this Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • In addition, the proffered Conceptual Site Plan depicts six multi-family buildings, including four, three-unit (triplex) buildings and two, four-unit (fourplex) buildings. Each unit will be three stories, with a maximum building height of 42 feet, which is within the 45-foot height limit permitted in the A-24 Apartment District. Q'YPB, LLC Agenda Item 13 page 2 of 17 • The townhouses, as shown the proffered Building Renderings, will be developed with materials consisting of fiber cement siding, metal roofing, metal louvered panels, architectural shingles, board and batten shutters, and carriage style garage doors. • Each of the 20 townhouse condominium units will have both a two-car garage and two off-street parking spaces, for a total of 4 parking spaces per unit. Per Section 203(11) of the Zoning Ordinance, requires a minimum of two spaces per dwelling unit, which is provided. Section 606 of the Zoning Ordinance does not permit area within a garage to be counted toward meeting the off-street parking requirements, thus only the 2 spaces in the driveway of each unit can be counted towards the off-street parking requirement. • The Zoning Ordinance establishes a maximum lot coverage of [begin strikethrough]4A06 [end strikethrough] 609/o for tow er, multi-family dwellings in the A-24 Apartment District. As depicted on the conceptual site plan, 58%of lot coverage is proposed, which complies with this requirement. [begin strikethrough] , 0 rhFough the pFeyisiens „f S et;ie, 107(i) „f the ZeRiRg 0Fdi.,aRr:e. [end strikethrough] • The breakdown of the proposed lot coverage is provided below: Quantity Type Total Square footage 20 1,125 square feet townhouse units 22,500 square feet 10 100 square feet porch roofs 1,000 square feet 20 35 square feet front stoops 700 square feet 2 10 square feet bump outs (Along Arctic) 20 square feet Total 24,000 square feet (58%) • [begin strikethrough] '^ a^'d'itien to the . t to the ; od- M m let e R-, [end strikethrough]The applicant is seeking a deviation from the required [begin strikethrough] ya*d-[end strikethrough] setbacks for [begin strikethrough]a*tac-he ' dwelloRgs (tewRheuses) [end strikethrough] multi-family dwellings in the A-24 Apartment District, pursuant to Section 107(i) of the Zoning Ordinance. As outlined in Section 602([begin striketh rough]Qend strikethrough]D), the required front setback is 30 feet, side yard setback is 10 feet, side yard setback when adjacent to a street is 30 feet, and rear yard setback is [begin strikethrough]-�'_9[end strikethrough] 10 feet. As proposed, the plan depicts a 5-foot[begin strikethrough]&We[end strikethrough] rear yard setback on the east side of the site, front and [begin striketh rough]Fea [end strikethrough] side yard setback, from 34th Street and 34th %Street of 13 feet for the balconies and 18 feet for the enclosed structures, and 12-foot [begin strikethrough]&We[end strikethrough] front yard setbacks along west side from Arctic Avenue. • As the site is located in the 70-75 dB DNL noise zone, the application was considered by the Joint City-Navy Review Process (JRP) Group. Section 1804 (c) of the Zoning Ordinance provides regulations that apply to discretionary development applications for uses within the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. YPB,LLC Agenda Item 13 page 3 of 17 Zoning History A1: Map Key No. Request ----- 1 ALT Approved02/18/2025 _ OR CUP (Short Term Rentals) Approved Al' 09/07/2021 CUP(Wireless Communications �• " �, a Facility) Approved 09/10/1996 f 3 NON Approved 06/05/2018 4 NON Approved 01/14/2014 5 NON Approved 01/14/1997 - OR Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.•Alternative Compliance Evaluation • • • In Staff's opinion, this request to conditionally rezone these six parcels, totaling 42,000 square feet, to Conditional A-24 Apartment District to develop the site with 20 townhouse condominium units is acceptable. As stated previously, this property is located in the Resort Strategic Growth Area (SGA).The Resort Area Strategic Action Plan (RASAP) was adopted to guide the development and revitalization of the Resort SGA. The plan outlines goals and priorities aimed at transforming the area into a vibrant, year-round coastal community for both residents and visitors. Goals of the RASAP are to provide a safe and comfortable place for residents and visitors, retain the feel of an oceanside resort with a sense of community, and rehabilitate and preserve historic structures and properties. In Staff's view, this proposal aligns with the RASAP's vision by introducing high-quality, for-sale residential units that promote homeownership opportunities and support year-round occupancy within the Resort Area.The proposed density of approximately 20.7 units per acre is appropriate for this infill site, with access to existing infrastructure, transit, commercial services, and recreational amenities.The project contributes to the RASAP's objective of increasing residential options within walkable proximity to the oceanfront and commercial corridors. [begin strikethrough] 0 YPB, LLC Agenda Item 13 page 4 of 17 GeMpatibility With SUFFOUREIiRg uses. Based eR these GGRSideFatiGRS, Sta#supports the appliEaRt'S Fequest te devoatien well P-Rable -;; MeFe efficient and fuRCtieRal site layout whole still suppeFt�ing a high quality design and as [end strikethrough] Through the provisions of Section 107(i) of the Zoning Ordinance, the applicant may request deviations to the required setbacks associated with Conditional Rezoning requests. As such, the applicant is requesting a deviation to the front, side, and rear yard setbacks for this development. As described earlier and in accordance with Section 602([begin strikethrough]6[end strikethrough] D) of the Zoning Ordinance, the required front setback is 30 feet, side yard setback is 10 feet, side yard setback when adjacent to a street is 30 feet, and rear yard setback is [begin strikethrough]2-9[end strikethrough] 10 feet.The proposed plan shows a 5- foot [begin strikethrough]&k4e [end striketh rough]rear yard setback on the east side of the site, front and [begin strikethrough]FeaF[end strikethrough] side yard setback, from 34th Street and 34th % Street of 13 feet for the balconies and 18 feet for the enclosed structures, and a 12-foot [begin strikethrough]&k4&[end strikethrough] front yard setback on the west side of the site fronting Arctic Avenue. Given that the properties directly east are zoned OR, with a required 5-foot build-to line and 5-foot side setback, the requested variances, as supported by Staff, will provide a reasonable and compatible development in relation to the adjacent properties. Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment will be within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the school population. It is the opinion of the City's Traffic Engineering Staff that the traffic generated by the proposed development will result in 144 average daily trips.The applicant revised the initial conceptual site plan to incorporate requirements identified in the Public Works Design Standards Manual (PWDSM) to include right-of-way improvements such as pavement widening, curb &gutter, and five-foot-wide sidewalks along 34th Street and Arctic Avenue. Additionally, pavement widening, and curb improvements are proposed along 34%Street, and all existing building and structural encroachments within the right-of-way surrounding these properties will be removed. As required in Section 3.5.13 of the Public Works Design Standards Manual,the curb line radius at each intersection for 34th &Artic Avenue is 25 feet and at Artic Avenue and 34th % Street to 15 feet. As depicted on the proffered conceptual site plan, there is [begin strikethrough] #fue[end strikethrough] three feet of separation from the tangent versus the 25-feet that is required by the PWDSM, as such a variance is required. Should the Conditional Rezoning request be approved by City Council, Public Works is amendable to granting a variance to the PWDSM. A Joint City-Navy Review Process (JRP) Group meeting was held on March 18, 2025, to review the proposed development. In accordance with Section 1804(e)(2)(iii) of the Zoning Ordinance, City Council may consider applications or modifications that alter the form or location of previously authorized dwelling units on YPB, LLC Agenda Item 13 page 5 of 17 contiguous properties. Based on current zoning classifications, the site is permitted to have up to 21 dwelling units by right; however, the ordinance requires a 5% reduction in previously authorized dwelling units when affected by a discretionary action. Therefore, the JRP Group determined that a maximum density of 20.7 units per acre (20 dwelling units) is appropriate for this development, aligning with the intent of Section 1804(e)(2)(iii) as set forth in Article 18 of the Zoning Ordinance. This site is located in the Atlantic Ocean watershed. The applicant proposes to utilize an underground stormwater storage system to meet the stormwater management requirements. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative flooding impacts will occur upstream or downstream as a result of this development. Based on these considerations, Staff recommends approval of this application, subject to the proffers provided. • The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is redeveloped and landscaped, it shall have the site and parking layout, building layout, setbacks and dimensions along with landscaping substantially as depicted and described on the exhibit entitled, "34th STREET MULTI-FAMILY- CONCEPT PLAN -VIRGINIA BEACH", dated 03/02/2025, revised 06/16/2025, prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning and Community Development (the "Concept Plan") and is incorporated herein by this reference. A detailed landscape plan for the depicted landscaped areas as depicted on the Concept Plan shall be submitted to the Development Services Center with the Site Development Plan. Proffer When the Property is developed, it shall be as a twenty (20) townhome residential condominium community. Each townhome shall have a two (2) car garage as well as two (2) onsite parking spaces in the driveway which is a part of the unit. With the exception of the fact that the buildings facing 34th % Street will not include any cupolas, the four (4) buildings containing three (3) townhomes and the two (2) buildings containing four (4) townhomes depicted on the Concept Plan shall utilize the architectural design and features, substantially as depicted on that exhibit entitled, "34th Street Townhomes- 3-plex and 4-plex", dated 03/02/25 which has been exhibited to the Virginia Beach City Council, is on file with the Department of Planning and Community Development (the "Buildings Rendering") and is incorporated herein by this reference.The buildings facing 34th Street shall have a minimum of three (3) cupolas. YPB, LLC Agenda Item 13 page 6 of 17 Proffer When the Property is developed, the exterior building materials to be used on the townhome structures and the height of the structures shall be as described and depicted on the Buildings Rendering. Proffer 4 When the Property is developed, it shall have a lot coverage not exceeding fifty-eight percent (58%), with side yard setbacks east side of five feet (5'), front and rear yard setbacks from 34th Street and 34th%Street of thirteen feet (13')for the balconies and eighteen feet (18') for the enclosed structure and side yard setbacks west side from Arctic Avenue of twelve feet (12'). Pro ffer5 When the Property is developed, it shall be subject to a Condominium Declaration which shall include a mandate that the garage area of each unit be used for storage and parking of motor vehicles and preclude the conversion of garage area to living space. In addition, the Condominium Declaration shall expressly preclude the leasing, licensing or renting of all or any portion of any unit for a period/term of less than thirty (30) consecutive days. Proffer[begin strikethroughl3(end strikethroughl 6 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information This project falls within the Resort Area SGA.The Resort Area Strategic Action Plan (RASAP) calls for supporting impactful projects that benefit the Resort Area and the City of Virginia Beach, while providing housing for a diversity of incomes and households. (p. 52, RASAP)The RASAP further recommends that 15-20%of residential units be affordable to meet the goals of the RASAP. (p. 50, RASAP) Additional recommendations within the RASAP include contemporary compatible infill that respects neighborhood context as well as an emphasis on high-quality streetscape design and landscaping to enhance the public realm of the oceanfront. (p. 28 and p. 32, RASAP)The RASAP and the Resort Area SGA Plan both speak to the importance of historic preservation, with Goal 7 of the RASAP calling to rehabilitate and preserve historic structures and properties. (p. 5). The project also falls within the boundary of the Seapines Station neighborhood for which voluntary design guidelines encourage a quality streetscape and built environment that reduces emphasis on the garage and parking areas, provides appropriate massing and treatment of buildings, accommodates large porches, and increases plant material along street frontages.(p. 3, Seapines Station Boundary Design Guidelines) Reduce repeated facade elements with changes in pattern of window placement, porch size, porch railing, porch roof, YPB, LLC Agenda Item 13 page 7 of 17 dormer roof style, and roof accent materials (i.e. standing seam metal roof). (p. 11, Seapines Station Boundary Design Guidelines) ResourcesNatural & Cultural The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic 34th Street No Data Available 9,900 ADT 1(LOS 4 "D") Existing Land Use 2-110 ADT Arctic Avenue No Data Available 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-144 ADT 1 Average Daily Trips 'As defined by 'As defined by 20 4LOS = Level of approximately 11 attached single-family Service residential units dwellings Master Transportation Plan(MTP)and Capita/Improvement Program(C/P) 341h Street is a two-lane local roadway with a variable width right-of-way width. 34%Street is an alley with a 20-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 The site must connect to city water with a single point of service (master metered). Unused water service lines to the property must be abandoned with Public Utilities Standards.There is an existing 6-inch city water main along 34th Street and an existing 16-inch City water transmission main along Arctic Avenue. Sewer The site must connect to city sanitary sewer with a single point of service (8" lateral with manhole). Unused sewer service lines to the property must be abandoned in accordance with Public Utilities Standards. There is an existing 8-inch city sanitary sewer gravity main along 34th %Street. YPB, LLC Agenda Item 13 page 8 of 17 School • . School Current Capacity Generation 1 Change' Enrollment Linkhorn Park Elementary 512 students 542 students 0 students -1 students Virginia Beach Middle 616 students 631 students 1 student 1 student Cox High 1,597 students 1,763 students 0 students 0 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). PublicOutreach Information Planning Commission • The applicant notified adjacent property owners and invited them to a community meeting held on May 12, 2025. During the meeting, the development team presented the project's elevations, site layout, and overall plans. According to the applicant, the feedback was largely positive. However, attendees expressed concerns regarding hotel employees parking on 34th Street and requested a resolution to that issue.There was also interest in the city installing a pedestrian-activated crosswalk to enhance safety. Overall, the applicant reported that the neighbors were supportive of the proposal. Staff has received seven letters of support from nearby residents. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 9, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 25, 2025 and July 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 23, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 3, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 5, 2025 and August 12, 2025. YPB, LLC Agenda Item 13 page 9 of 17 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 4, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 15, 2025. YPB, LLC Agenda Item 13 page 10 of 17 3 ' w a GRAPHIC SCALEc 1 PATE�af 9 • I �aa�R3RY I � ZONED ZONED ZONED ZONED J a a 1 ROWRALNAS 1 A,T6 A-14 Aft OR(57R) Q -> I DED•A V 1 -ZALLEYvEOrAwi' 34TH HALF STREET(2O'WIDTH) i PAVEMENTWIDENW5 J a ------ ------------- -`----E-------- i , W • w RES i RE62 RES 3 RES 4 RES 5 RES 6 RES 7 RES 8 RES 9 RES 10 U 1 27x 40' 27'x 40' 2Tx 40' 27'x 40' 2Tx 40' 2Tx 40' 2Tx 40' 21-x 40' 2Tx 4O' 21 x 40' — I � Q II II U „ ' RES fi RES 12 RES 3 RES f4 RES 15 RES 16 RES 17 RES 18 RES 19 RES20 2Tx40' 2Tx40' 2Tx40' 2Tx40' 2Tx40' 27x40' 27'x 40' 2Tx4' 2Tx46 2Tx40'r I i I j ROWMK e-/ SITE STATISTICS ..w 34THSTREET(60'M E17H) PROPERTY DESCRIPTIONS 309-319 34TH STREET GPIN 241&93.7197,1139, i rc- ' -•n0 7Reas TJef••.c 6196,6137,5193,5135 PROPERTY ZONING: A36,A24.Al2.80R 6M ='•- n!a reen M1 PROPOSED BUILDING SET6ACIS: IT FRONT 5'SIDE 12'ADJACENT TO STREET d"^ 10 REM r TOTAL PROPERTY AREA. 42,000 SQUARE FEET RJR LOT COVERAGE - 225-OilJS Crt] TWENTY-1,12SSFUNITS 221SOO SF (D The topographic information depicted hereon was established TEN-100 SF PORCH ROOFS 1.000 SF 0' from a composite of aerial photography.LIS records and TWFMY-35 SF FRONT STOOPS 7005E _ informaion movded by others.ACCURACY 6 NOT GUARANTEED. TWO-10 SF NAM OUTS(ARCTIQ 20 A Measummems to fx field verified prior to use hereof. TOTAL 24,200 SF SR% P- - I fD Q 3 f L n I ~ PLAN STATUS:CONCEPT PLAN man mtwtiwn- N I-- r --1 W C7 Building Materials: • Building Height Fiber Cement Siding 40'to ridge beam Metal Roofing on Dormers and Porches 42'to cupulas Fiber Cement Cupulas with Metal Roofing "height may very due Metal Louvered Panels Above Balconies • to variable site topo Architectual Shingles on Main Roof .• will not excede 44 feet" Metal Bahama Shutters Board and Batten Shutters Carriage Style Garage Doors • y r I�11!941 111� t •. _ '-:1 � t , r . I , -- .� I 1 ' v! r - f � ... y s_ v � N 34th Street Townhomes - 03/02/25 rD ° 3 W 3-plex and 4-plex Site • • RW*in rl � ` _ � � �.►�+ .�wow Ewan= SIM4. . ; x Yll Ill Agenda Item 13 page 13 of 17 Site • • ? f _ 3 f -a f YPB, LLC Agenda Item 13 page 14 of 17 Disclosure CITY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application YPB, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes@ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)NoO If yes,name Representative: R. Edward Bourdon, Jr., Esq. 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 s or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Bruce Mimran,Manager Does the subject property have a proposed or pending purchaser? Yes 0 No If yes,name proposed or pending purchaser: BHC, LLC, a Virginia limited liability compnay 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 oproposed 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, @ Q Union Bank&Trust cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 @ Disclosure Statement I rev. May-2024 page 1 of 3 YPB, LLC Agenda Item 13 page 15 of 17 Disclosure SECTIONAPPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Brad Martin,WPL Legal Services 0 Harry R.Purkey,Jr.,Esq.&R.Edward Bourdon,Jr.,Esq. 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 o tt" tee in connection with this application. Bruce Mimran, Manager 3 — 3 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, (h) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/30/2025 Marchelle L. Coleman 7/30/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 YPB, LLC Agenda Item 13 page 16 of 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. YPB, LLC Agenda Item 13 page 17 of 17 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #13 YPB, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item number 13, YPB, LLC. Ms. Cuellar: Welcome back. Mr.Bourdon: Sorry to hold you all up. Again, for the record, Eddie Bourdon,Virginia Beach attorney representing, YPB,LLC,which is the entity that owns these properties and applied the actual proposed development would be done by Bishard companies, and they're here. My clients are here today and along with some supporters as well. What I've just provided are copies that you may already have of, believe it's nine letters of support or eight letters of support from the neighbors, and there's another letter that just came in that they were not able to get copies made. So,didn't have a copy of that. So,this is a very interesting application. The hodgepodge of zoning here is about as mixed up as you can find anywhere. We have one lot, 7,000 square, all 7,000 square feet that's zoned, or that's the portion of the block,not quite half of the block or close to it that is zoned or oceanfront resort. Then we've got a couple lots that are zoned,A-12 followed by a couple lots that are zoned A-24 and another lot that's zoned A-36. Staff has indicated that,you could build 21 residential units on those properties as zoned. I beg to differ, I'm pretty certain you could build at least 24 units. There is no limit on the number of units in OR, and we can get 12 parking spaces on that property. So,you could build at least six units on that. The same,the A-36, is close to six and you had up all of them and it's really about 24. So, it is clearly consistent with the policy with the Navy. We're reducing the amount of units that can be built on this property. So again, it's a proffered plan to build these for sale owner. Well, they'll be sold as owner occupied. They cannot be units,very much at like the rest of the Sea Pines area that has been redeveloping over the last 15 to 20 years. I'd done some numbers on this back about 12 years ago and provided to the Planning Commission at that time, and it was incredible. The increases in value of these properties as they've been redeveloped,that have not involved any expenditure of public funds whatsoever. Totally organic redevelopment. Since then, it's only gone even higher in terms of the difference between the value prior to the redevelopment and after. There's still more to come as you go around Sea Pines and see there are some properties that are going to be redeveloped as time moves forward. But having this OR district creates a whole and it doesn't,there's no way that that is the same as having these zone properties that have higher setbacks. So,you've got to build to,you have to build to within five feet of 341 Street in the OR district. The property to the east of us,that's not a part of this. That's what they've had to do. The part that is a piece of us would have to do that without rezoning. So we are working with a situation that is in flux and that's why you have the application that you have and some of the setback variances are, and as staff is duly noted, it actually does make sense when you talk about a block that the first part's got to be 5 feet off the property line and we're 18 feet back from the property line. That's,you know,that's a change in character,but it's changed because of what was placed in the first part of the block. There's also something in here. I'll get this out of the way. The provision in here about this property needing to have a variance to lot coverage is actually not correct. I'll take some of the blame for not being more boisterous about it. When I first heard that this was being told, I looked at it like, well, I guess maybe it doesn't matter. But then I,there's more I thought about it, especially with having Brikel the same agenda, which is the same, it's a townhouse condominium as well, and I've done at least probably 20 of these over the years. If it's one piece of property,which is what this will be, the 40% lot coverage for townhouses is based on individual lots, okay? It doesn't apply to this. So,this is a 24, 60%lot coverage and we're at 58%. That's the way we filed the application and that's the correct, it turns out that is the correct way. These are not individual, individual lots never have been individual lots. There is no 40%lot coverage,you know,that's set forth in your staff report. That would be if you were doing townhouses on individual lots. So, get that out of the way. So,the units are two car garages and there's a proffer that the garages must remain available as garages. They can't be converted to living space. We're two blocks from the ocean,two and a half blocks from the ocean. The owners of these units will, in almost assuredly the overwhelming majority anyway, are going to park their cars in their garage. If you've lived by the ocean,you know,you don't leave your car parked outside. So,the two onsite parking spaces that'll be used most often will be the garages, not the parking spaces in the driveway. The driveway spaces will wind up being for guests and visitors or maybe there's somebody has three cars,but those are the spaces that will be less used overall in terms of, so the fact that there is a reduction in the on street parking along 34t'Street is made up by the fact that we have all these units,10 on 341 street, 10 on 341 and a half street that have a total of four spaces for each unit on site, which most, a lot of the properties in this area do not have that much parking on site like these do. These are, again,these will in as staff is correctly noted, this is exactly what we were looking for in terms of increasing the amount of year-round residents, permanent year-round residents with these higher end town home condominiums,and staffs recommendation is approval. We obviously agree with that recommendation. The setbacks make the property more consistent with the OR,which is the rest of the block to the east, and we still make the parking increase, and we are preserving all the parking on Arctic that will be made available with the redevelopment of the property to the west,which I'll be representing in a few months because I've got a plan from that property's changed hands and that will be coming forward and Arctic will need to be widened and that will allow for the on street parking on Arctic that's not available today. I will be happy to answer any questions any of you may have. Ms. Cuellar: Thank you very much. Commissioner Mauch. Mr. Mauch: Could we get clarification from staff on the 58% lot coverage?,just making sure that what he said is accurate. Ms. Bookholt: Yes. What Eddie Bourdon said is correct and we'll own the staff error on this. The townhouse, these are townhouse style units, but they are not town homes on individual lots. This is considered a multi-family building style,which has a 60%lot coverage. So,they are within the allotted lot coverage. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: There were two other deviations. The side yard and front setback was one deviation. The other is regarding this public works design standards manual and the turning radius. It's my understanding that traffic engineering is willing to sign off on that if there is approval. Is that fair? Mr. Bourdon: That is correct. We've had meetings with Sir Hansen and staff on that, and that what that affects,the driveway to the end unit and especially in this block, in this location that it's on the westbound side. So, you're not going to have a car coming off of Arctic and turning and a car backing out. Be in a position where it could be an accident. If you are on the opposite side on the south side and you had a driveway in close proximity where traffic on Arctic would possibly come around while you're backing out, that might be dangerous. But it, here, it's, you got you going against the traffic versus the turn off of Arctic. So, is not, it doesn't create a danger as far as accident is concerned. I think that's the primary reason,and they don't exist today. I mean,they don't exist on any of the blocks up there today. Mr.Plumlee: What's the,they? What do you mean? The radius,they're talking. Let me follow- up with that? Mr. Bourdon: These were platted a hundred years ago. Mr. Plumlee: Understood. I've got one follow-up with this. This is not to be any STRs at this location. Mr.Bourdon: Cannot be. Mr.Plumlee: Is it agreeable to place a restrictive covenant that there cannot be in the future STRs at this location? Mr.Bourdon: My clients are here. I will certainly ask them that question. Mr.Plumlee: Ask them that because you know,when you have that traffic situation and you have visitors,you have more likelihood for there to be error in the way,you know, somebody that lives there understands the rules of the road, how things are to be, it's less of a problem. But I think, you know, yeah, these are lovely plans. I think they're in line with what's happening down there. I think, I can get behind it, but I would like,I don't want these to become STRs. Mr. Bourdon: As you are probably aware, most of you are, most of the two-unit condos at the North end, not all have such covenants that they cannot be leased for less than 30 days. I'm confident that we'll agree to that,but I need to make sure my client agree. Mr. Plumlee: Thanks for that. Ms.Cuellar: Are there any more questions for the applicant? I do believe we have speakers. So, during that time,you could speak with your client. Madam Clerk? Clerk: We have six speakers total. Our first speaker is Robert Fatovich, followed by Ryan Williams. Ms. Cuellar: If you could please state your name for the record. Mr. Fatovich: I'm Robert Fatovich. I'm a neighbor, an architect, and a member of the PDRC. I love the existing Hemingway homes,however I am supportive of this project,and I want to thank Mr. Bishard and his team for reaching out to the neighborhood to discuss the plans, unlike the Beach Tower development previously on the docket. I also appreciate the effort, that they presented to the PDRC. With the recent and proposed developments, the Sea Pine neighborhood, will soon be known as the No Sea Pines neighborhood. We are one of the few neighborhoods in Virginia Beach, that have massive pines and oak trees, live oaks, the city tree, many, however, were cut down in the recent developments and have not been replaced. I'm pleased to see the planning staff on the planning report added tree cover to the original,plans that were presented to us in the neighborhood. I would also encourage the city to enhance the entire neighborhood with improved sidewalks and street tree cover, much like the Old Beach enhancements. Finally, I get to be on my soapbox again and talk about pedestrian safety crossing Pacific Avenue. With this development Beach Tower, a potential development at 34t' an Arctic, which Mr. Bourdon just mentioned in a proposed parking garage at 35t' and Pacific, city traffic engineers need to take a hard look now at improving pedestrian safety at a minimum, install an active pedestrian crosswalk signal at 34t' and look at reducing speed limits. Let's not repeat the HAWK signal saga, taking close to three years,to install pedestrian safety features, up and down the North End. Thank you. Ms. Cuellar: Okay. If you just pause in case there's any questions. Any questions for Mr. Fatovich? Thank you very much. Clerk: Our next speaker is Ryan Williams,followed by Carolyn Connor. Mr.Williams: My name is Ryan Williams and I live at 404A 34t'Street in one of the houses that was just developed. I think the plans, I've checked them out are amazing. What I like on 34t' Street, there's a lot of parking for Trinity Church, so there's cars lined up. I live in a newer development, and one of the good things about the driveways is it's not so many cars because our road is like one of the only roads that you don't have to pay to park. So of course, everybody always parks on it. So, one thing about this is having those driveways with two car driveways, you're not going to have as many cars parked on the road,which you're not going to have as many people,and,so yeah,I'm in total favor of it,and I think it's a dynamic plan. I can't see them,they're not up,but,yeah,just wanted to say that. Ms.Cuellar: Well,thanks for coming out today. Commissioners,are there any questions for Mr. Williams? Thank you so much. Mr. Williams: I also have a letter from my neighbor who couldn't make it today. Ms. Cuellar: Okay, great. If you could just give it to our clerk right here. Thank you. Clerk: Our next speaker is Carolyn Connor, followed by Kitty Boscher. Ms. Connor: Hi, how are you? I was here in February because I had concerns then about the beach project, but this is a way different project. That one is way too high over did zoning, whatever. I really wanted to thank Mr. Bishard that he has, he did, like Bob said, got all of our neighborhood together. Many people showed up, showed us the plans, which are beautiful. Just let us give our feedback, which one of them is traffic? Because of the driveways, it will be decreased parking there, but that's really not a problem for the people necessarily that live there unless you have company. If they do make the other project there on Arctic,that's going to widen the area. So, there will be additional parking there that we haven't had. I've lived on 341' Street for 20 years. I've spent my last year on Arctic and 341. I don't want to ever leave that area. It's a really nice eclectic area. I feel like Bob said, the Hemingway Homes there, they're just different colored, but you couldn't have renovated them because they have horrible mildew smell in them. I don't know how people stand, like, because they're rentals right now. I don't know even know how people stand it. But part of the plan that you didn't get to see is they are very colorful. The homes that Mr.Bishard has presented with green,and blue,and yellow. I think,you know,maybe one other color, but it's going to be really pretty. We all really appreciate that they did speak with us. They asked our opinion. I think it's going to be something that for our neighborhood, we'll definitely enhance our neighborhood. So,thank you. Ms. Cuellar: No,thanks for being here today. Any questions? Thank you so much. Clerk: Our next speaker is Kitty Boscher, followed by Channing Tuttle. Ms. Boscher: Hello, my name's Kitty Boscher. I'm a lifelong resident of Virginia Beach. My father built an apartment building on 331d and Arctic in 1955. I've worked in that office since 1985, 40 years. Seeing a lot of changes, when I was showing tenants and discussing rentals, I would often walk to the corner of 33rd Street and say, you see those two yellow lines over there? They separate commercial Virginia Beach from residential Virginia Beach, and that has made that location incredible for people, whether they had vehicles or not. Post Office Seven-11 Laundromat. So, again living here my whole life, I remember when, I read an article in the newspaper,they rolled a bowling ball down Atlantic Avenue on Labor Day. Virginia Beach has changed a lot, but a lot of the changes has been for tourists. At the Oceanfront, my mom was at Atlantic Shores. I have good friends at Westminster Canterbury. Beach Tower is going to give the residents of Virginia Beach a chance to do what the tourists of Virginia Beach can do, which is enjoy the ocean and the boardwalk. Those businesses that still close, off season on Atlantic Avenue, they're not going to have to close now. They'll have customers, but I'm a safety-first landlord, and here are my concerns. First of all, I'm grateful for the people who spoke before me. They also are concerned about pedestrian safety. I will go out of my way. I'll go around Holly Road to keep from crossing Pacific Avenue and my vehicle. There's a stoplight at 32°d Street. There's a stoplight at 40d'with Beach Tower, and now all of the residents that are coming that are going to want to use the Oceanfront, we need a safer parking. We did think about it now,not as what happened with Gold Key. Now that project got built without safe pedestrian parking at 41St Street. What were we thinking? So,we have to do it now,and that was,that's one of my requests. Maybe 34th Street. I don't think we need a stoplight, but we certainly need a safe way for people to cross Pacific Avenue. Now, this, all of this is going to change Arctic Avenue significantly. I know though that crossing from 34th to 35th Street, it's not a two-lane road. Now you,when you drive there, you have to take turns on Arctic Avenue. Arctic Avenue is going to have a lot more traffic, of course. This year, property that had one house on it,which was not occupied, now has six on one corner and nine on another 15, and now we're going to increase, and we're all happy for that, but our Artic Avenue is going to need some attention. I hope somebody's looking. Ms. Cuellar: Ma'am, the time is up right now. If there's maybe one more quick thing you want to say. Ms. Bocher: One thing is parking meters. There are four on 35th Street. There are two on 34th Street. There are 12 on 33rd Street. Those are the last places. Anybody parks. I would like them removed. Thank you. Ms. Cuellar: Thank you. Thank you for coming out today. We appreciate this. Just for one second. Are there any questions? No. Thank you very much. Clerk: Our next speaker in opposition is Channing Tuttle, followed by Anthony Sanchez via WebEx. Ms. Tuttle: Hey, good afternoon. My name is Channing Tuttle. I am a former City of Virginia Beach zoning inspector for short-term rentals. My last month was in November of 2024. I resigned due to a toxic work environment. The properties involved in this rezoning requests were in my enforcement area. I personally investigated for illegal STRs. They were found to be in violation,and they did prepay their first round of fines. The second round of violations occurred. They were disputed. City attorney's office chose to dismiss the cases. Despite those complaints continued to be filed, and yet somehow according to the STR team, as indicated by the city of citizen of cell portal, where we keep our records, our complaints, no further violations were ever found. Meanwhile, YPB resorts, website and public booking platforms show no meaningful change in operations,suggesting the illegal STR activities simply continued with consequence and with apparent inaction by the STR team, Zoning, Planning and the City Attorney's office, while pushing out employees, like myself, who- I was hired to protect these citizens. I was hired to enforce an ordinance equally, did not say special treatment for developers and property management companies. So, let's look at the facts. Today, YPB is operating 16 units as illegal short-term rentals on this property. These units combined for 48 bedrooms, 138,advertised guests far beyond what is permitted under zoning and occupancy limits for legal STR use. If you approve this rezoning,you're enabling construction of 20 new units, each with two to three bedrooms for a total of 60 bedrooms and a likely occupancy of up to 180 guests. Based on the applicant's own track record,there is every reason to believe that these new units will be used as STR,just like the current ones. And while this developer was allowed to continue operating,despite disputing fines, avoiding compliance, everyday residents in Virginia Beach were still being cited, they were still being forced into compliance. Some gave up their STR, not okay. So, I asked his Commission, why do developers get to operate above the rules? Why does planning and the STR team repeatedly fail to hold them accountable? And why is the public body supposed,how are you guys supposed to make informed decisions if planning is not giving you guys all the relevant information? I would like to submit to you guys,here's all the active advertisements. Every single property matched up with all of their plans. I actually included a list of all the violations,none of which is in your staff report whatsoever. I would also like to give you a stack of emails where the City Attorney's Office had all the evidence, illegal short term rentals, but all of this information with other things. I'm very concerned that the name Bishard keeps coming up when I was on enforcement. Anytime I found something of Bishard's, I got taken off when I found their STR applications not eligible removed. Ms. Cuellar: Thank you very much for coming today. If you would just pause for a moment, should the Commissioners have any questions? Commissioner Plumlee? Mr. Plumlee: Well, I'm,you know, I've been drinking information out of the fire hose and I, and I need to kind of organize, take a moment myself a little bit. It's a lot. So with regards to your time with the city, can you tell me you were in enforcement? In planning, in the zoning department. Is that correct? Ms. Tuttle: Yes, sir. Since 2021. Mr.Plumlee: Since 2021,and you were,assigned the specific area. So,Zoning has gone through some changes,with regards to personnel over the last several years,and things have changed quite a bit. I'm curious to know with regards to this site that were under consideration, what were you finding in terms of the rentals, the people inside? Were you going to the site? Were you talking to people there? Ms. Tuttle: I was the only STR zoning inspector who actually, the only thing I went against leadership was they told me that I did not have to do onsite inspections to take someone to court. I grew up with my mother. She worked for Zoning for a long time. Still works there. It was basic 101, if you're going to take a citizen to court, you at least need to go do an inspection. Now, she never advised me to go against leadership or directives as far as that goes. She's completely separate from what I'm here for,so I hope everyone remembers that. But I went door to door when renters were there,I interviewed them,I made comments,I had recordings of them. It was actively, like they are still actively advertising taking reservations. It never stopped. Airbnb, VRBO,they have their own personal website. It took me an hour and a half to make this presentation for you guys. An hour and a half. That's it. I'm very confused why I got shut down for three and a half years trying to present this information,not just to you guys. I watched plenty of reports get buried before they hit this off- or they hit this body. I even tried to update information, give them new information. They had people who were not even on the STR team providing you guys with information and the task force. And I submitted updates because they were giving outdated information. Last June I was begging for work and now we're increasing permit prices to help with staff when they have two people there that don't want to work and one who loved it. So, I'm very concerned about the information that you receive. I'm concerned about liability for the city of Virginia Beach. I have been this whole time, which is why I brought these concerns to leadership, and instead I got left destitute with PTSD, and I love it. Mr. Plumlee: Well, I, whether or not this is the appropriate venue for all of this discussion is debatable. But I being the representative of District 6 directly impacted by this, I would certainly like to talk to you offline and get more information about what's occurred. I think it's important because all we have is our enforcement to hold people accountable. I want to make sure that my conscience is clear that we're doing that, while we've approved quite a number of these s STRs since I've been on the Commission,and I want to make sure,and,this is the first I'm hearing of all this. So,I'm reacting in real time trying to comprehend what you're saying. I understand,and,one thing I have asked with this is that to be placed a restrictive covenant against STR, and I take it from what you're saying is put all the covenants you want,there won't be enforcement against it at this location, but I'll have to take that under consideration. I appreciate you answering my questions. Ms. Tuttle: Thank you. Would you like a copy of this, sir? I appreciate you guys allowing me to talk today. Ms. Cuellar: Are there any other questions for the speaker? Thank you very much. If you want to share that with the Clerk or Mr. Plumlee. Clerk: Our last and final speaker is Anthony Sanchez via WebEx. Ms. Cuellar: Thank you for being here today. Could you please state your name for the record? Mr. Sanchez: Yes. My name is Anthony Sanchez and I own property directly adjacent on 34th and a half streets. Ms. Cuellar: Thank you. Mr. Sanchez. If you'd like to go ahead,you have three minutes. Mr. Sanchez: Yes, I, I appreciate it. I'll try to make the most of it. I have about six points. Unfortunately,it sounds like there was a plan that floated around the neighborhood,I was not privy to that, so I can only go by the information I have. Looking at, if you look at their website, everything that these states that these are for vacation rentals on 34th Street. If you're familiar with the area,look at it on the street on 34th and I have about six key points. One is the increased density and neighborhood character. I think that if you look at the current zoning laws, there are restrictions against density on that. and if you look at the character of the neighborhood, which could be impacted, things I have concerns about are about transient crime, drug,recreational drug invitations. I think that those with people that don't live there are going against quality of the neighborhood. I have to look at the noise impact. I understand that they are in the 70- 75,that the noise zone, but there has to be, I think that conflicts with the city noise policy. There are preexisting concerns. If you look on 34th and half Street, for example, that is a two-way street that really only has room for one direction of cars. So, I think we we're still adding to the traffic and parking train. I think there are strains on utility services,for example,utility maps in that area are still not of date. I can tell you that when I call the electric company, for example, they don't know where my unit, and I think that we have to look at the overall strain of infrastructure, the congest, the crime, utilities, and what we're inviting to that neighborhood. They're already not enough room and parking for people there full time. These are things that I would like to see addressed. So gave me the option of support or not, or opposition. I had to choose opposition because I don't see anything that looks to ease ingestion on the neighborhood as it stands today. Ms. Cuellar: Thank you very much.pause for just one moment. Should there be any questions from Commissioners?Any questions? Thank you, Mr. Sanchez, for participating today. Madam Clerk. I just want to confirm there are no more speakers. Clerk: There are no more speakers. Ms. Cuellar: Thank you very much. Mr. Bourdon? Mr.Bourdon: Thank you,Madam Chair. As far as the last gentleman's comments are concerned, as you all are aware this is reducing the legally permitted permittable maximum density on these properties, and most importantly creating a higher value property than some of the older functionally obsolete buildings that are still in the sea pines area that are in, in the going to be redeveloped,just as many already have been redeveloped. These are units that are being built for sale to individuals. They will not be, inexpensive and they will be restricted,that there will be no rentals permitted in the condominium declaration. Like a lot of stuff at the North End, has no rentals of less than 30 days will be permitted. Channing's testimony, and I believe she has misunderstood it. I couldn't quite tell, it was a lot of information. The owner of this property is Mr.Mimran,who is why YBP. The Bishard's do not own this property,have not had any interest in this property. They are contractual purchasers of this property. They don't operate it. They don't manage it. They don't know anything about what Ms. Tuttle is speaking. The owner, again, I'm not here to defend, or, you know, commit to that he's done anything wrong. I don't know. I know Mr. Mimran, I have not spoken to him other than to get his signature on the application and the proffer agreement. Mr. Mimran for years and may still be running the amusement park down at the Oceanfront between Atlantic and Pacific on like maybe 151h Street, something like that, but one thing is for certain, that's not going to be the case. The Bishard's are going to wipe this property clean and build these units that will not be short-term rentals. So that problem goes away. They don't,they have no culpability with regard to that. They do own some short-term rentals in the City of Virginia Beach and they're in compliance. So, I don't know, haven't had any kind of issues that, you know,they may get some inquiries at the Planning Department just like do about a lot of short-term rentals. But,you know,they've had no issues or run-ins with anybody as far as short-term rentals are concerned. So,with that, I'll be happy to answer any questions. Ms. Cuellar: Thank you very much, Commissioner Hippen? Ms.Hippen: Let me think how I want to ask you. You said they are built for sale with no rentals, less than 30 days in the condominium paperwork. That's not the bill of sale for the property,that's not the bill of sale for the property? Mr.Bourdon: The condominium declaration goes to record and in affects all,in this case it would be 20 units. And there's a condominium association that would manage and operate, you know, as far as the rules are concerned of the condominium. And they wouldn't, it would be enforceable by them, and again, it's also, it's not allowed in A24. You can't do short term rentals in A24. You can only do them in OR now, and again, I won't get into the, y'all been through all this stuff with grandfather. You don't need to listen to all that. So, with this redevelopment, there will be no legal way that this property could be used as a short term rental. And on top of that, the owner's association,the other people in the condominium,their management,they can also,their fine,take to court. Anybody who violates that at the north end of Virginia Beach,we have a lot of two-unit condominiums. And the vast majority of those condominium declarations do not allow rentals for less than 30 day periods because if you have a, if you have a lease that goes on for a year and they don't sign a new one, it rolls over to a month to month, and that's why they have them in there, which that's not a short term rental. If somebody's on a month-to-month lease, it's not a short term rental anywhere in Virginia Beach. So this would just be one more lever,you know,to make sure that it wasn't, and more importantly, I think what Mr. Plumlee was also referring concern about is if somewhere in the future, short-term rentals got to be permitted in districts other than,or yes,this would stop that just like at the north end, it keeps people from using, on their condominiums, the properties of short-term rentals in addition to the city's enforcement. Mr. Plumlee: It's enforceable by the neighbors. That's the point, the covenant is that you can be sued by your neighbor for doing it and stopped by your neighbor. You don't have to wait for the city's enforcement arm,that's the point. Mr.Bourdon: You're liable to the association for their legal fees if they sue and it's a lien against your property. So, they have some opportunities to enforce that may be more efficient and more effective than the government. Ms. Hippen: Okay. That's what I wanted to know. Thank you. Mr. Plumlee: So, I see Bruce Mimran is the manager of the YPB, LLC. Mr. Bourdon: I believe he's the only member as well. Mr. Plumlee: That is believed to be the only member. So,what is stated in this documentation will take,take me a while to digest, is that this, it says this property is grandfathered, but needs to obtain a permit. And there's a series of communications with the, with the city attorney's office with Ms. Channing Tuttle along those lines,you know,to get into the who shot John of that at this point is a little difficult. But you've made a strong representation about what will be in the documentation for this particular site,and I think I need to just make that clear. I don't think I have the ability to amend anything in front of us to include that, but I'm going to be talking to members of City Council and reminding them of the importance of this. I will be forwarding this report on to members of City Council for their review as well, because it's serious, and enforcement is all we have to hold people to the rules that we carefully carve out appear. So anyway,thank you Mr. Bourdon. Ms. Cuellar: Any additional questions? Thank you very much. So, I'd like to open the floor up for discussion and entertain a motion. Commissioner Camp? Mr. Camp: Madam Chair, pursuant to a letter that is on file with the city attorney, I'll be abstaining from all discussion and vote on this matter. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr.Plumlee: I will move to approve this application as submitted. That's all I can do. Ms. Cuellar: Is there a second? Mr.Anderson: I second it. Ms. Cuellar: We have a motion by Commissioner Plumlee to approve a seconded by Commissioner Anderson. Is there any further discussion? Ms. Hippen: Just, it disturbs me to, to hear what this lady said. I've come to know the folks in planning and I don't know what's going on here. What I do know is that we do have rules that have to be enforced,and we need to make sure that they are enforced. These properties are not set up to be short term rentals. That's good in my opinion, because as Mr. Plumlee and I keep, keep saying over and over, we need housing for permanent residents, and this is a good place to put permanent housing for residents. I too will speak to my council member to ensure that he understands that these are not for rental short-term rental,but for long-term residency. Thank you. Ms. Cuellar: Thank you, Commissioner. Commissioner Mauch. Mr. Mauch: I appreciate everybody coming out today and, voicing your opposition or your, support for this project. I think there was a lot of key things that were mentioned that I think we all need to make sure that we are mindful of moving forward, especially traffic on Pacific traffic on Arctic. As we do these things,we need to be extremely mindful of that. Pacific does get a lot of money from the state through smart scale, which is a good thing. But in order to get money through smart scale, you have to rank really high as a dangerous road. So, we need to always be mindful of that. Any pedestrian areas that we can refuse or ways to improve pedestrian movement through or across really,Pacific is a must and thank you for bringing those up. Just for the record, I wanted to highlight the letter that was sent by the members of the planning design review committee from the Resort Advisory Commission. They have some comments, that it would be wonderful if, if there was, if the developer had the opportunity to incorporate, and try to help the project out from what they had had said. There are some really good things in that letter,and any way that we can enhance the live oaks that we have out there,preserve the Live Oaks and the Sea Pines neighborhood. So,I think we need to be mindful of the,the lot coverage and the townhouse. Make sure that that gets changed in between, but I am in agreement with those who have spoken that they would be in support of this. Ms. Cuellar: Thank you, Commissioner. I just wanted to comment that I'm constantly reminded the uniqueness of all the different neighborhoods that we have here in our city, in particularly to Sea Pines and how we have these Hemingway homes that are being taken down, but they're still very unique and creative colorful homes being put up,and it's addressing our need both in housing, and creating that design element. So, I just wan to thank the applicant for being a good neighbor. I think for so many people,we often hear so many folks who don't feel they have been included in the conversation, so I'm grateful for that. So, thank you very much. We have a vote on the floor in favor of this application from Mr. Plumlee and seconded by Anderson. Mr. Plumlee: I would just like to add too, because just to bring some balance to this, my experiences that we've had an excellent, we've had wonderful input from our staff at all times. We've had terrific involvement with our staff of some very, very difficult jobs. So, I need to balance all of this coming, and,you know, I'm going to,these things need to be looked into when they're brought to our attention, but let's, I have to proceed in a balanced way. And I wanted to say that to let everybody know that I'm still supportive of everyone that I've worked with here and, and have had nothing, but wonderful encounters. So, I just want to say that specifically. Thank you. Ms. Cuellar: Thank you. Commissioner Hippen? Ms. Hippen: I have addressed in the past rumors. Okay. I don't know. I get bees buzzing in my ear in between sessions. And, it does concern me that things get out into the public and circulate. So, I am not placing any blame on anybody. I'm not saying that somebody's not doing their job, somebody is doing their job, somebody's telling the truth, somebody's lying. My concern is to make sure that what we vote on here is used in the fashion in which it is passed on. And when City Council gets it, that the way that they vote for these properties to be maintained is done in that manner. Ms. Cuellar: Thank you, Commissioner. Okay. We'll have staff call the vote. Clerk: The vote is open. By a recorded vote of 8 to 1 with one abstention from Commissioner Camp, Item 13, YPB,LLC has been recommended for approval. Vote Tally Commission Member AYE 8 NAY 1 ABS 1 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hippen X Mauch X Plumlee X Schoonover X Proffers Proffer 1 When the Property is redeveloped and landscaped, it shall have the site and parking layout, building layout, setbacks and dimensions along with landscaping substantially as depicted and described on the exhibit entitled, "34th STREET MULTI-FAMILY- CONCEPT PLAN -VIRGINIA BEACH", dated 03/02/2025, revised 06/16/2025, prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning and Community Development (the "Concept Plan") and is incorporated herein by this reference. A detailed landscape plan for the depicted landscaped areas as depicted on the Concept Plan shall be submitted to the Development Services Center with the Site Development Plan. Proffer 2 When the Property is developed, it shall be as a twenty (20) townhome residential condominium community. Each townhome shall have a two (2) car garage as well as two (2) onsite parking spaces in the driveway which is a part of the unit. With the exception of the fact that the buildings facing 34th %2 Street will not include any cupolas, the four (4) buildings containing three (3) townhomes and the two (2) buildings containing four (4) townhomes depicted on the Concept Plan shall utilize the architectural design and features, substantially as depicted on that exhibit entitled, "34th Street Townhomes - 3-plex and 4-plex", dated 03/02/25 which has been exhibited to the Virginia Beach City Council, is on file with the Department of Planning and Community Development (the "Buildings Rendering") and is incorporated herein by this reference. The buildings facing 34th Street shall have a minimum of three (3) cupolas. Proffer 3 When the Property is developed, the exterior building materials to be used on the townhome structures and the height of the structures shall be as described and depicted on the Buildings Rendering. Proffer 4 When the Property is developed, it shall have a lot coverage not exceeding fifty-eight percent (58%), with side yard setbacks east side of five feet (5'), front and rear yard setbacks from 34th Street and 34th% Street of thirteen feet (13') for the balconies and eighteen feet (18') for the enclosed structure and side yard setbacks west side from Arctic Avenue of twelve feet (12'). Proffer 5 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. YPB, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31" day of March, 2025, by and between YPB, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of six(6)parcels of land located in District 6 of the City of Virginia Beach containing 42,000 square feet which are more particularly described as PARCELS ONE through SIX on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels as described on Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from OR Oceanfront Resort District, A-12 Apartment District, A-24 Apartment District and A-36 Apartment District to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: PARCEL ONE 2418-93-7197-0000 PARCEL TWO 2418-93-7139-0000 PARCEL THREE 2418-93-6196-0000 PARCEL FOUR 2418-93-6I37-0000 PARCEL FIVE 2418-93-5193-0000 PARCEL SIX 2418-93-5135-0000 Prepared by: R.Edward Bourdon,Jr,,Esq.,VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped and landscaped, it shall have the site and parking layout, building layout, setbacks and dimensions along with landscaping substantially as depicted and described on the exhibit entitled, "3411 STREET MULTI-FAMILY— CONCEPT PLAN — VIRGINIA BEACH", dated 03/02/2025, revised 06/16/2025, prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning and Community Development (the "Concept Plan") and is incorporated herein by this reference. A detailed landscape plan for the depicted landscaped areas as depicted on the Concept Plan shall be submitted to the Development Services Center with the Site Development Plan. 2 2. When the Property is developed, it shall be as a twenty(20) townhome residential condominium community. Each townhome shall have a two (2) car garage as well as two (2) onsite parking spaces in the driveway which is a part of the unit. With the exception of the fact that the buildings facing 34`h '/2 Street will not include any cupolas, the four (4) buildings containing three(3)townhomes and the two(2)buildings containing four(4)townhomes depicted on the Concept Plan shall utilize the architectural design and features, substantially as depicted on that exhibit entitled, "34'h Street Townhomes—3-plex and 4-plex", dated 03/02/25 which has been exhibited to the Virginia Beach City Council,is on file with the Department of Planning and Community Development (the "Buildings Rendering") and is incorporated herein by this reference. The buildings facing 34'h Street shall have a minimum of three(3)cupolas. 3. When the Property is developed, the exterior building materials to be used on the townhome structures and the height of the structures shall be as described and depicted on the Buildings Rendering. 4. When the Property is developed, it shall have a lot coverage not exceeding fifty- eight percent(58%),with side yard setbacks east side of five feet(5% font and rear yard setbacks from 34`h Street and 34""/2 Street of thirteen feet(13')for the balconies and eighteen feet(18') for the enclosed structure and side yard setbacks west side from Arctic Avenue of twelve feet(12'). 5. When the Property is developed,it shall be subject to a Condominium Declaration which shall include a mandate that the garage area of each unit be used for storage and parking of motor vehicles and preclude the conversion of garage area to living space. In addition, the Condominium Declaration shall expressly preclude the leasing,licensing or renting of all or any portion of any unit for a period/term of less than thirty(30)consecutive days. 6. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's 3 Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: YPB, LLC, a Virginia li . e iability company By: 3 " Z.5(SEAL) B cc i n,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: •�r� The foregoing instrument was acknowledged before me this day of March, 2025, Bruce Mimran,Manager of YPB,LLC,a Virginia limited liability company, Grantor. Notary Public My Commission Expires: �Il ZO,�r7 Notary Registration Number: v 1 JOSHUA MOTO NOTARY PUBLIC REGISTRATION#7851074 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 08/31/2027 5 EXHIBIT "A" PARCEL ONE 309 341h STREET ALL THAT certain lot,piece or parcel of land,with the improvements thereon,lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot Five (5), in Block 108, located east of Holly Road, as shown on that certain plat entitled "MAP OF LINKHORN PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 151. GPIN: 2418-93-7197-0000 PARCEL TWO—311 34'h STREET ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, in the State of Virginia, known, numbered and designated as Lot no. Six(6), in Block One Hundred Eight (108), located East of Holly Road, on a certain plat entitled "MAP OF LINKHORN PARK", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 151;to which plat reference is hereby made for a more particular description of said lot. GPIN: 2418-93-7139-0000 PARCEL THREE—313 341h STREET ALL THAT certain piece or parcel of land, with the improvements thereon, located in the Virginia Beach Borough of the City of Virginia Beach,Virginia,known, numbered and designated as Lot 7, Block Number 108, East of Holly Road, as shown on that certain plat entitled "MAP OF LINKHORN PARK" , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at Page 151, reference to which plat being made for a more particular description of the said property. GPIN: 2418-93-6196-0000 PARCEL FOUR - 315 341h STREET ALL THAT certain piece or parcel of land, with the improvements thereon, numbered and designated as Lot Eight (8), Block One Hundred Eight (108), East of Holly Road, on the plat entitled "MAP OF LINKHORN PARK" , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 5, at Page 151, reference to which plat being made for a more particular description of the said property. GPIN: 2418-93-613 7-0000 6 PARCEL FIVE—317 34th STREET ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach Borough of the City of Virginia Beach, Virginia, and being, known, numbered and designated as Lot Nine (9) in Block Number One Hundred Eight (108), East of Holly Road, as shown on the plat of"MAP OF LINKHORN PARK" , which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 5, at Page 151. GPIN: 2418-93-5193-0000 PARCEL SIX—319 341h STREET ALL THAT certain lot, piece or parcel of land,with the building and improvements thereon, and the appurtenances thereunto belonging, situate, in the City of Virginia Beach, Virginia, known, numbered and designated as Lot Ten(10),in Block One Hundred Eight(108),East of Holly Road, on the plat entitled "MAP OF LINKHORN PARK" , which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach(formerly Princess Anne County), Virginia, in Map Book 5, at Page 151. GPIN: 2418-93-5135-0000 W\AM\Conditional Rezoning"HC LLC\34th Street\Proffer Agreemerit.docx 7 virginia beach Planning, and Design Review Committee June 13, 2025 Members of Planning Commission City of Virginia Beach Re: Bishard Development 34th Street Dear Commissioners The Resort Advisory Commission's Planning and Design Review Subcommittee (PDRC) reviewed the 34th Street Bishard Development Concept on June 3, 2025, and offers the following comments and recommendations: 1. The project as designed does not follow the Seapines Station Design Guidelines (See attached). 2. The two car garages and driveways are relentless with the asphalt and large doors down the street. A single garage door and half the pavement with more landscape would be more appropriate. 3. Based on the design, will there be on street parking? 4. The painting color scheme may more tropical. 5. The garage door colors do not fit the design aesthetic. 6. Large Red Oaks were removed from this area by the previous owner, devasting the neighborhood. PDRC request significant street tree plantings to bring the street back to its original grandeur. Try to plant more trees. 7. Based on the grades and Artic Avenue elevations there will be a retaining wall. Please provide the design of this wall system and the public view. Sincerely, fX�7 �ri► /000.1 Bill Almond Chair, Pedestrian, Design and Review Committee 600 22,d Street, 2- Floor, Virginia Beach,VA 23451 Phone (757) 385-4800 1 Fax (757) 422-3666 1 Website: www.visitvirgin_iabeach.com SEAPINES STATION VOLUNTARY DESIGN GUIDELINES CITY OF VIRGINIA BEACH ADOPTED JUNE 20, 2017 p g � •1 u r x Seapines Station Design Guidelines CONTENTS DEFINITIONS..........................................................................................................................................................2 BACKGROUND&PURPOSE....................................................................................................................................3 LOCATION ..............................................................................................................................................................3 RECOMMENDED BUILDING PLACEMENT&SETBACKS............................................................................................5 RECOMMENDED CONCEPTS FOR BUILDING PLACEMENT&SETBACKS.................................................................... 6 RECOMMENED PARKING CONCEPTS ...................................................................................................................... 7 SURFACE PARKING,WALKWAYS&DRIVEWAYS.......................................................................................................8 GARAGES...............................................................................................................................................................9 PARKINGSTRUCTURES...........................................................................................................................................9 BUILDINGELEMENTS............................................................................................................................................ 10 PLANTINGS&LANDSCAPING,SIDEWALKS............................................................................................................ 14 OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING ................................................. 15 Cover: Historic Seapines Station Rail station in front of Princess Anne Country Club, circa 1930. DEFINITIONS Alley—A public right-of-way less than 20 feet in width. Street—A public right-of-way that is greater than 20 feet in width. Impervious Surface—Any surface in the landscape that cannot effectively absorb or infiltrate rainfall, including driveways, roads, parking lots, rooftops, and sidewalks. Surface Parking —An uncovered parking area. Parking Structure—A structure, usually multi-story, exclusively for vehicle parking. City of Virginia Beach 2 Seapines Station Design Guidelines SEAPINES STATION DESIGN GUIDELINES BACKGROUND & PURPOSE Concerned with current redevelopment trends in the Seapines Station area of the oceanfront, the Planning Commission requested Staff to prepare guidelines related to site layout, architectural elements, scale and massing, parking, and plantings. The Voluntary Seapines Station Guidelines provide recommendations to encourage a quality streetscape and built environment that reduces emphasis on the garage and parking areas, Single-family houses in Seapines Station provides appropriate massing and treatment of buildings, accommodates large porches, and increases plant material along street frontages. The Guidelines can be used as a resource for property owners, builders, and developers considering development opportunities within Seapines Station. The Guidelines will offer standards for Staff, and appointed and elected officials evaluating these development proposals. Apartment building on 33 Street LOCATION The location of the study area is between 32Id Street and 351h 1/2 Street east of Holly Road, and mid-block between Arctic Avenue and Pacific Avenue. The typical building types in the area include single-family homes, duplexes, townhouses, and two-story apartments. Typical lots are 50 feet by 140 feet, oriented south to north, with frontage on both street and alley.The zoning for most of the area is apartment district, which allows duplexes, townhouses and apartments. City of Virginia Beach 3 Seapines Station Design Guidelines Sep,piN�S N 35TN NA�r .y Z O 35ZN NALf SS N a a 35tjASrt 3441 tAAII- S� 34VV%$' F S� ` RD r� r 0 N n Legend Seapines Station o 75 ,eo soo Boundary Boundary Map Fee' City of Virginia Beach Department of oisda,mer:For general planning ru-pcses only Ja-ary zon Planning&Community Development City of Virginia Beach 4 Seapines Station Design Guidelines RECOMMENDED BUILDING PLACEMENT&SETBACKS • The minimum front yard setback for a dwelling is 10 feet (excluding the garage). • The minimum setback for a porch adjacent to a street or alley is 5 feet. • Porch steps may encroach into the setback. • The side yard setback is 8 feet from the property line. • Architectural elements (i.e. bay windows, chimneys, balconies) and wall projections may project into the side yard setback up to 3 feet from the structure, for up to 10 feet in width at a time, to break up the expanse of the side wall. • The minimum rear yard setback for a dwelling along the alley is 10 feet (excluding the garage). • Garages facing the alley should be setback 20 feet from the alley. • A one-car garage can face a street (with a right-of-way wider than 20 feet) when it is setback 36 feet from the front property line. • A minimum separation distance of 15 feet should be maintained between front and rear detached dwellings. 10'REAR SETBACK FROM S'SIDE SETBACK FROM PROPERTY LINE TO EXTERIOR PROPERTY LINE TO EXTERIOR DWELLING WALL DWELLING WALL 5'SIDE SETBACK FROM PROPERTY LINE TO ARCHITECTURAL ELEMENTS AND WALL PROJECTIONS UNDER WIN LENGTH 1 � 10'FRONT SETBACK FROM PROPERTY LINE TO EXTERIOR DWELLING WALL 5'FRONT SETBACK FROM PROPERTY LINE TO PORCHES AND BALCONIES PROpfRry •`\ r f� 2201-270' a0'-75' COMPATIBLE SETBACK CHARACTERISTICS City of Virginia Beach 5 Seapines Station Design Guidelines POTENTIAL CONCEPTS FOR BUILDING PLACEMENT& SETBACKS* ALLEY � -IMEABLE i PAVEMENT -PERMEABLE { PAVEMENT t I _ � PERMEABLE PAVEMENT 3-STORY _ 1600 SF UNIT POTENTIAL +' C GARAGE + W W 2-112 STORY 2-112 STORY F 13 3-STORY ¢�¢ Q 1200 SF 1200 SF +0 1600 SF UNIT Q q GARAGE GARAGE UNIT UNIT N I Iyy W W 5...`_ 3-STORY 0 C9 1 ----------- -------- ------ GROUND LEVEL r� 1600 SF UNIT Q Q PORCH, O UPPER LEVEL BALCONY 2-112 STORY 2-1/2 STORY 10, —r 5'EVERGREEN 1800 SF 1600 SF ( STREET TREES HEDGE UNIT UNIT &FOUNDATION r3' 3-STORY PLANTINGS 1600 SF UNIT PERMEABLE PAVEMENT n FIRST 10'OF -GROUND LEVEL - DRIVEWAY OFF PORCH, OF A STREET 10' UPPER LEVEL f WIDER THAN 20 913ALCONY - 9 - 10'SHOULD BE NO SIDEWALK 51 1 WIDER THAN 9' �" _----' SIDEWALK e STREET TREES &FOUNDATION STREET STREET PLANTINGS 50'x140' INTERIOR LOT i- 50'x140' MULTI-FAMILY CORNER CONFIGURATION EXAMPLE o ,u 20 LOT CONFIGURATION EXAMPLE 0 10, 20' *Each property varies in size, shape and location,- therefore, the ultimate layout's number of units will vary from the graphics above. City of Virginia Beach 6 Seapines Station Design Guidelines POTENTIAL PARKING CONCEPTS POTENTIAL ANCILLARY DUPLEX PRINCIPAL STRUCTURE — L zo I I ,j K PROPERTY UNE 15_` x LREAR PARKING SPACES FRONT GARAGE PLACEMENT SWGLE-STACK PARKING SPACES AND DRIVEWAY FRONT LOADED PARKING AND GARAGES POTENTIAL PRINCIPAL DUPLEX ANCILLARY UNIT STRUCTURE 4111 — � I SINGLE-STACK PARKING )1 'I„ Il SPACES AND DRIVEWAY PR OPERTyUNE — V REAR GARAGE PLACEMENT REAR LOADED PARKING AND GARAGES / City of Virginia Beach 7 Seapines Station Design Guidelines SURFACE PARKING,WALKWAYS & DRIVEWAYS • The use of pervious materials for on-site parking, driveways, and walkways is encouraged. • Driveways along right-of-ways greater than 20 feet in width should be limited to 9 feet in width for the first 10 feet. • If more than 2 cars are parked side-by-side, directly off of the alley, there should be a 5-foot landscaped area between parking areas. • No more than 1 parking space should be installed between a building and the right-of-way along streets wider than 20 feet, and a permeable paving system should be used for 100% of the parking area. • For corner lots, parking areas for the multiple units within one building should be on the interior of the lot and accessed via an alley. If street access is necessary, the driveway width should be limited to 9 feet. • A minimum width evergreen hedge of 5 feet should be installed along the length of any driveway that abuts a north/south property line. • Off-street parking should be placed within the property and not hang into the right-of-way. f } T--_^-- { �IIIIIIp _. I !" a s �' 6�`�h�i IIImP�i•!!Ml1{911A ptl�fJ Driveway runners Recessed garage with quality door treatment City of Virginia Beach 8 Seapines Station Design Guidelines GARAGES • Garages should not act as a focal point and should be located on the side or the rear of the property. • Two-car garage doors are discouraged. • Garage doors should not face streets wider than 20 feet, whether for a duplex, townhouse, row house or for multiple units in one building. • Fabric and prefabricated metal carports are strongly discouraged. • When appropriate, incorporate roof overhangs above garages in order to soften their visual impact. - nu loom loll ■o/■ Alley parking for multifamily dwellings PARKING STRUCTURES • Parking Structures should be screened from the street by the building and as required by the City of Virginia Beach Landscaping Guide. • Masonry, siding, or stamped poured in place concrete finishes are recommended over precast concrete panels and blank concrete finishes. City of Virginia Beach 9 Seapines Station Design Guidelines BUILDING ELEMENTS HEIGHT • The recommended maximum height between 33rd Street and 35th Street east of Arctic Avenue is 45 feet. • The recommended maximum height between 33rd Street and 35th Street west of Arctic Avenue is 35 feet. • The recommended maximum height south of 33rd Street is 35 feet. • The recommended maximum height north of 35th Street is 35 feet. SEA,p1NEs 35S N 7 ' o O 3gZH gS vlp" 9� 34 Vk ST 1.F SA Ys� h 2 a N n Recommended Maximum Height Sea Ines Station p � o 75 so aoc 35 feet Height Map Feet ME 45 feet City of Virginia Beach Department of Dattaimer.Forgenent panning purposes only January 20 i? Planning&Community Development City of Virginia Beach 10 Seapines Station Design Guidelines FAQADE TREATMENT, BUILDING FEATURES & MASSING • Multi-family buildings should be f designed to evoke the look of a large °g single-family dwelling. • Break development into separate buildings or vary roof heights and vertical planes to reduce the appearance of bulk. Consideration should be given to separate dt structures rather than a large scale single building. , • Entryway spacing should be designed � ill to create a rhythm and visual continuity. i • Blank walls detract from pedestrian- friendly streets and should be . avoided. Wall projections, deep recesses, changes in material and color, bay windows, chimneys, and Rowhouses other changes in the vertical plane are encouraged to reduce apparent r mass. • Reduce repeated fagade elements with changes in pattern of window placement, porch size, porch railing, porch roof, dormer roof style, and � ' roof accent materials (i.e. standing seam metal roof). All , ■+� • Siding should include high quality 4 a 4 materials that stand up over time to ` the effects of salt spray and wind. Use of masonry and cement fiberboard is encouraged. • Incorporate window sizes and proportions that are proportionate to Use of wall projections the main structure and consistent throughout the design. Discouraged is the use of taller windows in the second story and above. City of Virginia Beach 11 Seapines Station Design Guidelines • Roof projections and dormers, porches, and entryways are encouraged in order to soften the scale and mass of the home. N' • Flat roofs are discouraged. Roof } r forms and roof lines should be broken into a series of smaller ' s building components when viewed from the street to reflect the scale of m all +sts the neighborhood or site. Long, linear, unbroken rooflines that exceed 50 feet are discouraged. Example of desirable building elements and features, such as having a porch,varied fa4ade, and high quality building • Maintain similar roof pitches, materials. materials, and treatments for all roofs to ensure a unified design. PORCHES AND BALCONIES FOR DUPLEX, TOWNHOUSE& ROW HOUSE DESIGN "< • A minimum depth of 5 feet from the exterior wall is recommended for porches and balconies. • A porch should be along at least 50% of the width of the dwelling and should face the street or an alley. • Corner lots should incorporate - porches extending along both streets. • Open, unenclosed and unscreened Porches on duplexes porches should be incorporated into dwelling design in order to promote community interaction. • Columns should have a minimum width of 8 inches. • Solid knee/partial walls that are not semi-transparent are discouraged when facing streets or alleys. Baluster and other open railing systems are preferred. City of Virginia Beach 12 Seapines Station Design Guidelines UPPER STORY DESIGN STANDARDS FOR DUPLEX, TOWNHOUSE& ROW HOUSE STYLE BUILDINGS As "stacked box" designs are discouraged, structures should be designed with 2.5 stories. • The upper story floor plan should have a smaller footprint than the lower floor(s) and be designed j► F with architectural design features such as roof IMM dormers, shed dormers, balconies, and step backs. • Upper floors should step back to allow room for the canopy of streetfront trees to grow. Discouraged "stacked box" massing An Mn Porches on rowhouses City of Virginia Beach 13 Seapines Station Design Guidelines PLANTINGS & LANDSCAPING • Landscaping along street fronts should frame, soften, and embellish the quality of the residential environment. • Planted areas should be designed to aid in stormwater management, where possible. • Plant species selected for sites should be _...--- tolerant of oceanfront conditions. • Fencing along right-of-ways and alleys "- should be 50%transparent and limited to 4 '" feet in height. • Plantings and low fences should be used to Sidewalk and plantings along street conceal year-round mechanical equipment and trash receptacles from view from any right-of-way. • Healthy, mature canopy trees should be .t preserved to the greatest extent possible. • Street trees should be planted along right- of-ways on infill lots and for redevelopment 1 sites. • At least 1 of the required residential trees should be planted in the front of a new dwelling. SIDEWALKS • Sidewalks, with a minimum width of 5 feet, should be installed along a lot's entire frontage in any right-of-way wider than 20 feet. Sidewalk and plantings along street City of Virginia Beach 14 Seapines Station Design Guidelines OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING Four or more units should provide community spaces such as: • An open space area that is usable and contains a minimum 200 square feet and be at least 15 feet wide at its narrowest. • Community garden with a minimum 150 square feet. • Porches with a minimum depth of 8 feet. • Balconies with a minimum depth of 6 feet. • An accessible Green Roof. IMMA Community open space Green roof k. Community garden City of Virginia Beach 15 REVISED VERSION I AN ORDINANCE TO AMEND THE 20115 2 COMPREHENSIVE PLAN POLICY 3 DOCUMENT AND TO AMEND THE 4 REFERENCE HANDBOOK TO ADD THE 5 VOULTARY DESIGN GUIDELINES FOR 6 SEAPINES STATION IN REFERENCE TO 7 DESIGN COMPONENTS 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require: 11 12 WHEREAS, the 2016 Comprehensive Plan Policy Document includes a 13 recommendation to 'study the area t>etween Holly Road and Pac Avenue, north of 14 32" Street to 42"d Street (the southern boundary of North End SFA) to determine the 15 need for infill development and redevelopment policies and design guidelines" which 16 has been done by Planning Staff and Planning Commission members-. 17 18 WHEREAS, amendments to the 2016 Comprehensive Plan Policy Document and 19 Refereroce Handbook would inckide the revisions attached hereto and made a part 20 hereof and the Seapines Station Voluntary Design Guidelines, March 2017, attached 21 tweto and made a part hereof, and 22 23 WHEREAS, the Planning Commission at its March 8. 2017 pubic hearing 24 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 25 Policy Document and Reference Handbook in regard to the design guidelines for 26 Seapines. Station. 27 28 BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the 2016 Comprehensive. Plan, is hereby amended and reordained to 32 include the revisions and additions attached hereto amending the PoNcy Document and 33 Reference Handbook. Adopted by the Council of the City of Virginia Beach. Virginia. on the day Of 3 U 1,e 2017 APPROVED AS TO LEGAL SUFFICIENCY: ACZ'!�- 6-'Ka' Wilson, Deputy City Affod y mey City Attorney's Ofte CA13936R-2AVd 4. 2017 From: Ben Bishard To: Anita McCorkle Cc: Marchelle L.Coleman Subject: FW:34th Street Date: Wednesday,July 9,2025 9:39:33 AM Attachments: imaae001.ona CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Eddie and Marchelle, Please see the letter of support below from James Westcott of 316-B 34th Street. They are unable to attend in person but asked that I pass along their letter of support. See you both at noon! Thanks, Ben Bishard Development Planner I11SIlARI) HOMES 4104 Holly Road Virginia Beach,VA 23451 benbishardCc�bishardhomes.com Office:757-333-8750 Mobile:757-971-0530 From:James Westcott<jewestcott@ymail.com> Sent:Wednesday,July 9, 2025 12:14 AM To: Ben Bishard<benbishard@bishardhomes.com> Subject: 34th Street Greetings Ben, I will be unavailable for the planning commission meeting on July 9, 2025, however I would like to extend our support from Andrea and 1. Virginia Beach City Planning Commission, My wife Andrea and I live at 316 B 34th Street. We purchased our home in 2015 anticipating the redevelopment of the remaining 34th Street into single family homes or likewise to our property. We are pleased to hear that Bishard Homes is seeking approval from the city of Virginia Beach to redevelop a substantial portion of 34th Street into high end townhouses. The redevelopment will provide curb, gutter and sidewalks providing a more pedestrian friendly neighborhood and better storm water management. According to the most current site draft it's obvious that 34th street will loose the parking spaces on the north side of the street however,the opportunity to join the city's RPP parking program would mitigate the current residents parking issues. We look forward to the commissions approval of the project and working with the Bishard family to accomplish everyone's goals. Most Sincerely, James&Andrea Westcott 316 B 34th Street Virginia Beach,VA 23451 757-771-1126 JewestcottC-cbymail,com Sent from Yahoo Mail for Phone �Ik BISRARD HOMES 4104 Holly Road, Virginia Beach, VA 23451 Office: (757)333—8750 Photos from our Meeting on 5/12/2025 I u. u._ m ai I,, x I rl t _ { ""P'?f l BISRARD HOMES 4104 Holly Road, Virginia Beach,VA 23451 Office: (757)333—8750 Dear Ms. Marchelle, 5/12/2025 1 hope this letter finds you well! I wanted to mail you hard copies of the original signatures of the neighbors at 34"' Street in Virginia Beach in regards to the proposed 34`f' Street development we are working towards. We had a meeting where we walked them through our elevations, layouts, and plans for the 34th street development with a desire to hear any concerns or excitement they may have. We had an amazing meeting (see photos one of our members took) that had very positive feedback from our neighbors. Please see some minutes from our meeting below on what was discussed and comments they had: • Introduction: Steve introduced the 341" Street Development Project and walked through layouts and elevations. The residents thanked us for even inviting them and requesting their feedback. • The neighbors really loved the elevations we showed them and the colors of the buildings. • Steve showed all the projects Bishard has done on the Sea Pines Corridor and they liked the improvements they saw. Steve explained how some of the current buildings are encroaching upon city property. We shared how this project will include public infrastructure improvements. • The neighbors mentioned that the hotel employees park on their street on 34°i street and they want that to be changed. • We showed them the garages and the two parking spots per unit. The neighbors expressed their main concerns were as follows: o Crosswalk on 34"'and Pacific—the neighbors really want a crosswalk that lights up when pedestrians walk here. • Overall,the neighbors were really supportive and signed the attached letters showing their support. They just wanted to ensure parking would not be an issue! Thank you for your time! Please file this away for the 34"' Street Development Project for future City considerations. Blessings, C�.J �\ Carter Fleck Bishard Homes Development Associate Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 ch 4 1, e in y 1L.m ems'4,:j S ,.4w at 'qv 4, I am in support of YBP, LLC's application to rezone 309-319 34`h Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. Thank you, Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 1, -J ef�"r—Mje—v.. ,>.t5 w I live at I �j�S J!1 5-�Ie.gEr 0k%IeiAL* -7,jde-57-me,&Tj,5 I am in support of YBP, LLC's application to rezone 309-319 34'h Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. a u, c7�`" Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 I, V P fmv C ' live at I �,)4 ��///t.,5 f I am in support of YBP, LLC's application to rezone 309-319 34th Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. Thank you, Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 I live at I am in support of YBP, LLC's application to rezone 309-319 34Ih Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. Thank you, Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 1, V S PJ f f U , live at I am in support of YBP, LLC's application to rezone 309-319 34Ih Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. Thank you, . r Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 I, ( [1 Zyll f_/ri�ha live at t7 OAr-,r, I am in support of YBP, LLC's application to rezone 309-319 34th Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. Thank you, e__ -1 Attention: Planning Commission and City Council 2401 Courthouse Drive (Building 3) Virginia Beach VA 23456 I, I� i )t K c. -j 5 c,� live at I am in support of YBP, LLC's application to rezone 309-319 34'h Street as proposed. I have seen a concept of Bishard Home's proposed development and would love to see it come to fruition. Thank you, From: Kathy M.Warren To: Carrie L.Bookholt; Kaitlen S.Alcock:Marchelle L.Coleman Subject: Fw:34th Street Plans by Bishard Homes Date: Tuesday,June 10,2025 3:46:31 PM FYI From:Carolyn Conner<cuhitz34@gmail.com> Sent:Tuesday,June 10, 2025 3:34:56 PM To: Kathy M. Warren <KMWarren@vbgov.com> Subject:34th Street Plans by Bishard Homes CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----i Dear Kathy, As a resident at 312 34th Street in Virginia Beach for twenty years and now recently relocated to Arctic Avenue and 34th Street, I am well aware of the upcoming developments for 34th Street. Previously, I had met you at the meetings held re: Marlyn Corporations re-zoning accommodations needed to build at 34th Street. I would like to express my sincere appreciation for the ongoing community engagement facilitated by Steve Bishard and his team concerning their plans for new condominiums to be developed on 34th Street, directly across from my previous residence. The designs presented are not only beautiful and tasteful but also promise to significantly enhance our neighborhood. I commend their initiative to involve long-standing residents like myself in these discussions. The team's effort to provide projections regarding parking and traffic impacts demonstrates their commitment to transparency and community involvement. It is commendable that they welcome feedback from local residents,making us feel included in the decision-making process. Like many others in our neighborhood, I share enthusiasm for these plans and look forward to seeing more beautiful homes contributing positively to our community. Considering how Marlyn Corporation surprised our neighborhood without fully considering the impact on existing residents, I believe Steve Bishard and his team have crafted plans that are both acceptable and capable of making 34th Street stand out at the Oceanfront. Thank you very much for your time and consideration. Sincerely, Carolyn Conner 3310 Arctic Avenue Virginia Beach, Virginia 23451 757-373-5468 From: Kyle Kenney To: Zoning Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint&Opposition:311-A 34th 1/2 St.(Upstairs Unit) Date: Wednesday,April 23,2025 2:47:38 PM Attachments: Airbnb Reservations 311-A 34th 1 2 St (Upstairs Unit)2 eml msg Airbnb Reviews 311-A 34th 1 2 St.(Upstairs Unit).eml.mso Airbnb-STR 311-A 34th 1 2 St ((Upstairs Unit)2 eml mso VRBO-STR 311-A 34th 1 2 St (Upstairs Unit)2 eml mso YPB Resorts-STR 311-A 34th 1 2 St.(Upstairs Unit A)eml mso CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in an upstairs apartment at 311-A 34th 1/2 St. Please be advised prior STR complaints for 311 34th 1/2 St. had no unit numbers listed in zoning records so all complaints are listed below. A separate complaint will be submitted for Unit B (downstairs unit). It appears the owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319) and there may now be 15 unpermitted STRs. There were permits complaints,but it appears they may have been for the house at 311 34th St. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr. Bruce Mimran, his corporations,or his corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. Airbnb: Top Floor Bungalow,3 Min Walk to Beach VRBO: BEACH BUNGALOW, OVERSEEING TROPICAL FLORA,3 MINUTES WALK TO BEACH YPB Resorts: Perry unit A STR Address: 311-A 34th 1/2 Street,VB(Upstairs Unit). Address& location verified with listing& Google Maps photo comparison. Per Heather Blake,there is a unit A& B. Record: 2025-PCCC-00031 (in review).Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2023-ZCMP-00723 (illegal STR violation)Fine Upheld Record: 2023-ZCMP-00482 (illegal STR violation) Closed-Court Action Record: 2021-ZCMP-00687 (illegal STR violation) Closed-Complied Record: 2019-CMPL-05234 (construction w/o permits) Closed Owner: Bruce Mimran-DBA-YPB LLC Owner Address: Possibly 801 Cypress Ave, VB; Bruce.mimran(�.hotmail.com per public records (only provides P.O. Box 1659,VB 23451 on all city and business websites). Owner Employer: Self-Owner, 1)Atlantic Fun Park; 233 15th St., VB; 2)YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surflooI27 aol.com Complaints: 1. Owner operating STR without permit despite previous violations, legal actions, and reported owner compliance. Already accepted reservations in 2025 and accepting new reservations (3 night min) into April 2026.Unclear if property in an overlay. 2. Listing doesn't match city records. Records reflect structure should have one, 1 bdrm apartment but rental websites reflect two, 2-bdrm apartments (upstairs&downstairs). Unclear if owner obtained required permits for interior&exterior changes subsequent to a permits complaint,but changes & improvements not reflected in property/tax records. 3. Owner violating STR occupancy regulations; allowing 8 total guests in 2 bdrm STR. VRBO users can add 8 adult(18+years old)guests when checking price& availability. 4.Appears to be insufficient off-street parking for two,2-bdrm STRs at this address (shared parking). Listings do not mention additional, leased parking for STR guests. 5. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kenney To: Zonino Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:311-B 34th 1/2 St.(Downstairs Unit) Date: Wednesday,April 23,2025 3:03:21 PM Attachments: Airbnb-STR 311-B 34th 1 2 St (Downstairs Unit)eml msg VRBO-STR 311-B 34th 1 2 St (Downstairs Unit)eml rasa YPB-STR 311-B 34th 1 2 St.(Downstairs Unit).eml.msa VRBO Reviews 311-B 34th 1 2 St (Downstairs Unit)2 eml msa Airbnb Reservations 311-B 34th 1 2 Sr (Downstairs Unit)2 eml msg Parkina-STR 311-A B 34th 1 2 St-eml mso CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in a first floor apartment at 311-B 34th 1/2 St. Prior STR complaints for 311 34th 1/2 St. had no unit numbers listed in zoning records so all complaints for this address are listed below. A separate complaint will be submitted for Unit A(upstairs unit). It appears the owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs. There was a permit complaint for 311 34th St. but it appears this was about the house on the lot. It is unclear if the owner obtained permits subsequent to the complaint. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr.Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for his 34th St. properties. Thank you. Airbnb: First Floor Bungalow,3 min Walk to the Beach! VRBO: BUNGALOW,SLEEPS 8,WALK TO BEACH IN THREE MINUES (misspelled on VRBO) YPB Resorts: Perry unit B STR Address: 311-B 34th 1/2 Street,VB(Downstairs Unit). Address & location verified with listing& Google Maps photo comparison. Per Heather Blake,there is a unit A&B. Record: 2025-PCCC-00031 (in review). Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2023-ZCMP-00723 (illegal STR violation)Fine Upheld Record: 2023-ZCW-00482 (illegal STR violation) Closed-Court Action Record: 2021-ZCMP-00687 (violation-illegal STR) Closed-Complied Record: 2019-CMPL-05234 (construction w/o permits) Closed Owner: Bruce Mimran-DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave,VB; Bruce.mimran(Ohotmail.com per public records (only provides P.O. Box 1659, VB 23451 on all city and business websites). Owner Employer: Self-Owner, 1)Atlantic Fun Park;233 15th St., VB; 2) YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloo127 aol.com Complaints: 1. Owner operating STR without permit despite previous violations, legal actions, and reported owner compliance.Already accepted reservations in 2025 and accepting new reservations (3 night min) into April 2026.Unclear if property in an overlay. 2. Listing doesn't match city records(bedroom discrepancy). Records reflect structure should have one, 1 bdrm apartment but rental websites reflect two, 2-bdrm apartments (upstairs & downstairs units). Unclear if owner obtained required permits after a permits complaint,but changes& improvements not reflected in property/tax records. 3. Owner violating STR occupancy regulations; allowing 8 total guests in 2 bdrm STR. VRBO users can add 8 adult(18+)guests when checking price& availability. 4.Appears to be insufficient off-street parking for two, 2-bdrm STRs at this address (shared parking). 5. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kennev To: Zonina Short Term Rental Cc: Sherri Yanev:Marchelle L.Coleman Subject: STR Complaint:313 34th St.(House) Date: Wednesday,April 23,2025 3:08:24 PM Attachments: YPB Resorts-STR 313 34th St (Hous ) ml mso VRBO-STR 313 34th St (House)eml mso Airbnb-STR 313 34th Sr.(House).eml.msa Airbnb Reviews 313 34th St..eml.mcn Airbnb Reservation Info 313 34th St (House)aml mso Parkina-STR 313 34th St.(House).eml.mso CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located at 313 34th Street. It appears there were 2 STR complaints for this address in 2024; however Lamarr Lawrence closed both citing they were both duplicates(does not appear either were investigated). The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319) and there may now be 15 unpermitted STRs. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave. so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property when it involves 6 lots. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr.Bruce Mimran,his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. YPB Resorts: Southard VRBO: HISTORIC TROPICAL HOME,EXCELLENTLY DETAILED,3 MINUTES WALK TO BEACH Airbnb: Historic 3 Bedroom House by the Beach STR Address: 313 34th Street,VB. Address confirmed with Zillow& listing photo comparison. Record: 2025-PCCC-00031 (in review).Zoning change-6 lots on 34th& 34th 1/2 St. The changes for this lot are listed in 309 34th St. records. Record: 2024-ZCMP-00891 (noise complaint) Closed-no violation Record: 2024-ZCMP-00836 (illegal STR) Closed-duplicate Record: 2024-ZCMP-00220 (illegal STR) Closed-duplicate Record: 2023-ZCMP-00724 (illegal STR-2nd offense)Fine Upheld Record: 2023-ZCMP-00424 (illegal STR violation) Court action Record: 2021-ZCMP-00685 (illegal STR)Closed-complied Owner: Bruce Mimran -DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave, VB; Bruce.mimran(ithotmail.com per public records. Owner only provides P.O. Box 1659, VB 23185 on all city and business websites. Owner Employer: Owner, 1)Atlantic Fun Park; 233 15th St., VB; 2) YPB LLC (VB,Norfolk, &Newport News short and long term rentals); 233 15th St. per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop7n.aol.com Complaints: 1. Owner operating STR without permit despite previous violations, legal action, and reported owner compliance. Already accepted reservations in May&June 2025 and accepting new reservations(3 night min)thru March, 2027. 2. Unclear if property is in an overlay. 3. Owner violating STR occupancy regulations; allowing 12 guests in 3 bdrm STR. VRBO users can add 12 guests(18+years old)when checking price&availability. 4. Google Maps photos reflect there is insufficient off street parking for 3 bdrm STR. Owner makes no mention of additional, leased parking for STR guests. 5. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kennev To: Zonina Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:313-A 34th 1/2 St.(Upstairs Unit) Date: Wednesday,April 23,2025 3:12:14 PM Attachments: VRBO-STR 313-A 34th 1 2 St (Upstairs Unit)2.eml mta Airbnb-STR 313-A 34th 1 2 St (Upstairs Unit)2 eml mso YPB R 31 -A 34th 1 2 St.(Upstai nit)2 eml mso Airbnb Booking Info 313-A 34th 1 2 St (Upstairs)2 eml msa CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in an upstairs apartment at 313-A 34th 1/2 St. It appears the one bedroom apartment(per property records) was subdivided into two dwellings (an upstairs& downstairs unit). I could not find a STR listing for Unit B (downstairs unit);however it is listed on YPB's monthly rental website ("Pauline unit B") if you need to confirm its existence. The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319) and there may now be 15 unpermitted STRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St,and Arctic Ave. so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr. Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining zoning changes for any of his 34th St. properties. Thank you. Airbnb: Charming Oversees Pool,Walk to Beach in 3 Minutes VRBO: CHARMING,OVERSEES POOL,WALK TO BEACH AND RESTAURANTS IN 3 MINUTES YPB Resorts: Pauline unit A STR Address: 313-A 34th 1/2 Street,VB(Upstairs Unit). Address verified with listing& Zillow photo comparison. Record: 2025-PCCC-00031 (in review)Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2023-ZCMP-00725 (violation-illegal STR)Legal intervention-fine upheld Record: 2021-ZCMP-00690 (violation-closed in 2023) Record: 2021-ZCMP-00689 (Illegal STR-no permit on file COR) Owner: Bruce Mimran-DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave,VB; Bruce.mimran(athotmail.com per public records. Owner only provides P.O. Box 1659, VB 23451 on all city and business websites. Owner Employer: Self-Owner, 1)Atlantic Fun Park; 233 15th St.,VB; 2) YPB LLC (VB, Norfolk, &Newport News short and long term rentals); YPB LLC-233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop7Aaol.com Complaints: 1. Owner operating STR without permit despite previous violations and legal action. Accepting reservations (3 night min)Feb-April 2026. Reviews reflect owner stopped renting the property as a STR after legal action,but recently re-listed the property. 2. Listing doesn't match city records. Records reflect structure at this address is a 1 bdrm apartment but rental websites reflect there are two, 1-bdrm apartments (upstairs& downstairs). Unclear if owner obtained required permits for interior& exterior structural changes, but changes& improvements not reflected in property/tax records. Unclear if downstairs unit B is a converted detached garage. 3. Owner violating STR occupancy regulations; allowing 4 guests in 1 bdrm STR. VRBO website users can add 4 adult guests (18+years)when checking price &availability. 4. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kennev To: Zoning Short Term Rental Cc: Marchelle L.Coleman Subject: STIR Complaint:315 34th St.(House) Date: Wednesday,April 23,2025 3:19:52 PM Attachments: Airbnb-STR 315 34th St..eml.mso V1160-STR 315 34th St..eml.msa YPB Resorts-STR 315 34th St..eml.msg Airbnb Calendar 315 34th St..eml.msg Airbnb Reviews-STR 315 34th St.eml.mso CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in the house at 315 34th St. The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs (see separate complaints for 315 A&B 34th 1/2 St.). The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions,please consider this email a letter of opposition to Mr.Bruce Mimran,his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. Airbnb: 4 Bedroom Home, 1.5 blocks to the Beach! VRBO: Newly remodeled Historic Key West Inspired Home; Steps to the Beach YPB Resorts: Fleming STR Address: 315 34th Street,VB. Address confirmed with Zillow& listing photo comparison. Record: 2025-PCCC-00031 (in review). Zoning change-6 lots on 34th& 34th 1/2 St. The changes for this lot are listed in 309 34th St. records. Record: 2023-ZCMP-00796 (illegal STR violation). Paid fine. Record: 2021-ZCMP-00691 (illegal STR violation). Closed-complied Owner: Bruce Mimran -DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave, VB;Bruce.mimranuhotmail.com per public records. Owner only provides P.O. Box 1659,VB 23185 on all city and business websites. Owner Employer: Owner, 1)Atlantic Fun Park; 233 15th St., VB; 2)YPB LLC (VB,Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop7Uaol.com Complaints: 1. Owner operating STR without permit despite previous violations, legal action, and reported owner compliance.Accepting reservations(3 night min)thru March,2027. 2. Unclear if property in an overlay. 3. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. 4. Owner violating STR occupancy regulations; allowing 16+guests in 4 bdrm STR. VRBO users can add 16 guests (18+years old)when checking price&availability. 5. Google Maps reflect there is insufficient off street parking for 4 bdrm STR. Owner makes no mention of additional, leased parking for STR guests. From: Kyle Kenney To: Zoning Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:315-A 34th 1/2 St. Date: Wednesday,April 23,2025 3:22:43 PM Attachments: Airbnb-STR 315-A 34th 1 2 St..eml.mso VRBO-STR 315-A 34th 1 2 St..eml.mso YPB Resorts-STR 315-A 34th 1 2 St..eml.mso Bookina Info-STR 315-A 34th St..eml msy CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located at 315-A 34th 1/2 St. It appears the one apartment listed in property records was subdivided into two, 1 bedroom apartments (a separate complaint will be submitted for Unit B). Permits were obtained in 2018, but it appears they were for an addition to the house on this lot. The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St,and Arctic Ave so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr. Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining zoning changes for any of his 34th St. properties. Thank you. Airbnb: Coastal 1 Bedroom 3 min Walk to The Beach! VRBO: NEWLY RENOVATED,COASTAL THEMED,W/OUTDOOR KITCHEN, POOL & PORCH YPB Resorts: Mariel STR Address: 315-A 34th 1/2 Street,VB. Address verified with listing&Google Maps photo comparison. Per Heather Blake,there is a Unit A(west side)& Unit B (east side). Record: 2025-PCCC-00031 (in review).Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2023-ZCMP-00727 (violation-illegal STR). Legal intervention-fine upheld. Owner: Bruce Mimran-DBA-YPB LLC Owner Address: Possibly 801 Cypress Ave, VB; Bruce.mimranahotmail.com per public records. Owner only provides P.O. Box 1659, VB 23451 on all city and business websites. Owner Employer: Self-Owner, 1)Atlantic Fun Park; 233 15th St.,VB; 2) YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop77(�aol.com Complaints: 1. Owner operating STR without permit despite previous violation and legal action.Already accepted reservations in 2025 and accepting new reservations (3 night min)thru March, 2027. Unclear if property in overlay. 2. Listing doesn't match city records. Records reflect structure at this address is a 1 bdrm apartment but rental websites reflect there are now two, 1-bdrm apartments. Unclear if owner obtained required permits for interior& exterior structural changes,but changes & improvements not reflected in property/tax records. 3. Owner violating STR occupancy regulations; allowing 4 guests in 1 bdrm STR. VRBO website users can add 4 adult guests when checking price&availability. 4.May be insufficient off-street parking for two STRs at this address (shared parking). 5. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kenney To: Zonina Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:315-B 34th 1/2 St. Date: Wednesday,April 23,2025 3:27:53 PM Attachments: Airbnb-STR 315-B 34th 1 2 St.eml.msa VRBO-STR 315-B 34th 1 2 5t..em1.rnsg YPB Resorts-STR 1 -B 34th 1 2 S ml m a Airbnb Calendar 315-B 34th 1 2 St..eml.m o Airbnb Reviews 315-B 34th 1 2 .. ml.m a CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in a ground floor apartment at 315-B 34th 1/2 St. It appears the one, 1 bedroom apartment listed in property records was subdivided into two, 1 bedroom apartments. Permits were obtained in 2018 for 315 34th St. but they appear to be for the house on this lot. A separate STR complaint will be submitted for Unit A. The owner renovated all and subdivided some of the structures on his six 34th St. lots(309-319) and there may now be 15 unpermitted STRs. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr. Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. Airbnb: Relax in Our 1 bedroom by the Beach VRBO: LOVELY 1 BEDROOM BY THE BEACH,W/PORCH& POOL YPB Resorts: Margaux STR Address: 315-B 34th 1/2 Street,VB. Address verified with listing& Google Maps photo comparison. Per Heather Blake,there is a unit A& B at this address. Record: 2025-PCCC-00031 (in review). Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2023-ZCMP-00728 (violation-illegal STR). Legal intervention-fine upheld. Owner: Bruce Mimran -DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave,VB; Bruce.mimranahotmail.com per public records. Owner only provides P.O. Box 1659, VB 23185 on all city and business websites. Owner Employer: Self-Owner, 1)Atlantic Fun Park; 233 15th St., VB; 2) YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop7aaol.com Complaints: 1. Owner operating STR without permit despite a previous violation, legal action, and fine. Accepting reservations (3 night min)thru March, 2027. Unclear if property is in an overlay. 2. Listing doesn't match city records. Records reflect structure at this address is a I bdrm apartment but rental websites reflect there are two, 1-bdrm apartments. Unclear if owner obtained required permits for interior& exterior structural changes, but changes & improvements not reflected in property/tax records. 3. Owner violating STR occupancy regulations; allowing 4 guests in 1 bdrm STR. VRBO website users can add 4 adult guests (18+years old)when checking price& availability. 4. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kenney To: Zoning Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:317 34th St.(House) Date: Wednesday,April 23,2025 3:38:40 PM Attachments: Airbnb-STR 317 34th St.(House).eml msy VRBO-STR 317 34th St.(House)eml.mso YPB Resorts-STR 317 34th St..eml.mso Airbnb Reviews 317 34th St.(House).eml msg VRBO Reservations 317 34th St.(House).eml.msa CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in the house at 317 34th St. The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs. Zoning records reflect there were permit complaints in 2018 and 2019 for this particular property, but it is unclear if permits were subsequently required or obtained. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave. so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions,please consider this email a letter of opposition to Mr.Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. Airbnb: Coastal 4 bedroom House,3 min Walk to the Beach! VRBO: BEAUTIFUL HOME; ADRQUATELY DETAILED ON THE INSIDE AND OUT.STEPS TO THE BEACH(misspelled in VRBO listing) YPB Resorts: Caroline STR Address: 317 34th Street,VB. Address confirmed with Zillow& listing photo comparison. Record: 2025-PCCC-00031 (in review). Zoning change-6 lots on 34th& 34th 1/2 St. The changes for this lot are listed in 309 34th St. records. Record: 2023-ZCMP-00730 (illegal STR violation)Fine Upheld Record: 2023-ZCMP-00703 (illegal STR violation)Fine Upheld Record: 2021-ZCMP-00692 (illegal STR violation) Closed-complied Record: 2019-COMP-05231 (construction-no permits) Closed Record: 2018-COMP-14250(closed) Owner: Bruce Mimran-DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave, VB; Bruce,mimran(cor�.hotmail.com per public records. Owner only provides P.O. Box 1659, VB 23185 on all city and business websites. Owner Employer: Owner, 1)Atlantic Fun Park;233 15th St., VB; 2)YPB LLC (VB,Norfolk, &Newport News short and long term rentals),VB; LLC listed at 15th St. address in VA SCC records. Property Manager: Bruce; 757-451-7645; surflooa72 aolxmn Complaints: 1. Owner operating SIR without permit despite previous violations, legal actions,and reported owner compliance. Already accepted reservations in 2025 and is accepting future reservations(3 night min)thru March,2027. 2. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. 3. Owner violating STR occupancy regulations; allowing 16+guests in 4 bdrm STR. VRBO users can add 16 guests(18+years old)when checking price& availability. 4. Google Maps reflect there is insufficient off street parking for 4 vehicles. Owner makes no mention of additional, leased parking for STR guests. From: Kyle Kenney To: Zonina Short Term Rental Cc: Sherri Yanev;Marchelle L.Coleman Subject: STR Complaint:317-A 34th 1/2 St.(Upstairs Unit) Date: Wednesday,April 23,2025 3:46:59 PM Attachments: Airbnb-STR 317-A 34th 1 2 St.(Upstairs Llnit ml m a VRBO-STR 317-A 34th St (Upstairs Unit)eml mso YPB-STR 317-A 34th St (Upstairs Unit),eml m a VRBO Bookina Info 317-A 34th St..eml.msa Airbnb Reviews 317-A 34th St..eml.msa Parkina-STR 17-A B 34th 1 2 .. ml.m a CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new STR complaint for an upstairs apartment at 317-A 34th 1/2 St. It appears a Feb. 2024 complaint(with a violation?)was closed by Tilli Hopkins in July, 2024 because the owner complied. It is unclear what the owner agreed to do as he did not remove his rental listings,he rented the property in Aug.2024 and he is still operating this STR. Additionally,the one bedroom apartment listed in property records was subdivided into two apartments (this 1 bedroom&a 2 bedroom downstairs unit). This bedroom discrepancy does not appear in previous zoning or property records for either unit(a separate complaint for 317-B will be submitted). There were permit complaints but it appears they were about the house on this lot. The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St,and Arctic Ave. so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions, please consider this email a letter of opposition to Mr.Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. Airbnb: Top Floor,Tropical 1 bedroom 3 min Walk to Beach! VRBO: TOP FLOOR RENTAL OVERLOOKING POOL AND TROPICAL OASIS YPB Resorts: Petronia unit B STR Address: 317-A 34th 1/2 Street,VB(Upstairs Unit). Address verified with listing& Zillow photo comparison. Record: 2025-PCCC-00031 (in review)Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2024-ZCW-00218 (violation?Illegal STR) Closed-owner complied Record: 2023-ZCMP-00731 (violation-illegal STR)Legal intervention-fine upheld Owner: Bruce Mimran-DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave, VB; Bruce.mimran(a'.hotmail.com per public records. Owner only provides P.O. Box 1659,VB 23451 on all city and business websites. Owner Employer: Self-Owner, 1)Atlantic Fun Park;233 15th St.,VB; 2)YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645, surflo n7aaol.com Complaints: 1. Owner operating STR without permit despite previous violations, legal action, and reported owner compliance. Accepting reservations(3 night min)thru March,2027. Unclear if property in overlay. 2. Listing doesn't match city records. Records reflect structure at this address is a 1 bdrm apartment but rental websites reflect there are now two apartments (1 bedroom apt. upstairs and 2 bedroom apt. downstairs). Unclear if owner obtained required permits for interior& exterior structural changes,but changes & improvements not reflected in property/tax records. Unclear if downstairs unit B is a converted detached garage. 3. Owner violating STR occupancy regulations; allowing 4 guests in 1 bdrm STR. VRBO users can add 4 adult guests(18+years old)when checking price & availability. 4. Google Maps reflect the area between the STR and street may not be wide enough to accommodate a parked vehicle. 5. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kenney To: Zonina Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:317-B 34th 1/2 St.(Downstairs Unit) Date: Wednesday,April 23,2025 3:54:39 PM Attachments: Airbnb-STR 317-B 34th 1 2 St (Downstairs Unit)2 eml mso VRBO-STR 317-B 34th 1 2 St.(Downstairs Unit).eml.msa YPB-STR 317-B 34th 1 2 St (Downstairs Unit)eml m g VRBO Reviews 317-B 34th 1 2 St eml.mso Parking-STR 317-A B 34th 1 2 St..eml.msa Reservations-STR 317-B 34th 1 2 St..eml.msa CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in a ground floor apartment at 317-B 34th 1/2 St. It appears the one bedroom apartment listed in property records was subdivided into two apartments (this 2 bedroom downstairs unit and a 1 bedroom upstairs unit). It does not appear this bedroom discrepancy was previously noted in zoning or property records for either STR(a separate STR complaint for 317-A will be submitted). There were permit complaints for 317 34th St. but it appears they were for the house on this lot. The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave. so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St.property. Given the many zoning violations and court actions,please consider this email a letter of opposition to Mr.Bruce Mimran,his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th St. properties. Thank you. Airbnb: Cozy Little 2 bedroom,3 min Walk to the Beach! VRBO: Perfect Couples Get Away Steps from the Boardwalk and Surf YPB Resorts: Petronia unit B STR Address: 317-B 34th 1/2 Street,VB(Downstairs Unit). Address verified with listing &Zillow photo comparison. Record: 2025-PCCC-00031 (in review)Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2023-ZCMP-00729 (violation-illegal STR)Legal intervention-fine upheld Owner: Bruce Mimran -DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave, VB;Bruce.mimranahotmail.com per public records. Owner only provides P.O. Box 1659, VB 23451 on all city and business websites. Owner Employer: Self-Owner, 1)Atlantic Fun Park; 233 15th St., VB; 2) YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645, surfloop1oaol.com Complaints: 1. Owner operating STR without permit despite previous violation and legal action. Accepting reservations(3 night min)thru March, 2027. Unclear if property in overlay. 2. Listing doesn't match city records. Records reflect structure at this address is a 1 bdrm apartment but rental websites reflect there are now two apartments. Unclear if this 2 bedroom downstairs unit is a converted detached garage. Unclear if owner obtained required permits for interior&exterior structural changes, but changes& improvements not reflected in property/tax records. 3. Google Maps reflect the area between the STR and street may not be wide enough to accommodate 3 parked vehicles(shared parking with 317-A). 4. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. From: Kyle Kenney To: Zoning Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:319 34th St.(House) Date: Wednesday,April 23,2025 4:02:48 PM Attachments: Airbnb-STR 319 34th St (Main House)eml msa VRBO-STR 319 34th St (Main House)eml mso YPB Resorts-STR 319 34th St (Main House)eml mso VRBO Reviews 319 34th St (Main Hous )eml m g VRBO Reservations 319 34th St..eml mso CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located in the house at 319 34th Street. It appears the owner renovated the original house and the 34th 1/2 St. apartment and there is now one house and two apartments on this lot(copy Assessor). All three are unpermitted STRs(see separate complaints for 3401 Arctic Ave. & 3403 Arctic Ave/319 34th 1/2 St.). The owner is currently applying for a zoning change for the 6 lots on 34th St., 34 1/2 St,and Arctic Ave. It is unclear why the zoning application is only listed under the 309 34th St. property. Given the history of violations and legal actions, please consider this email a letter of opposition to Mr. Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes for any of his 34th Street properties. Thank you. Airbnb: 5 bedroom Home,4 min. Walk to the Beach VRBO: KEY WEST INSPIRED 5 BEDROOM HOME. 4 MINUTE WALK TO BEACH& BOARDWALK YPB Resorts: Simonton STR Address: 319 34th Street,VB. Address confirmed with Zillow& listing photo comparison. Record: 2025-PCCC-00031 (in review)Zoning change-6 lots on 34th St., 34th 1/2 St.,& Arctic Ave. Record: 2023-ZCMP-00703 (illegal STR violation)Fine upheld Record: 2021-ZCMP-00693 (illegal STR violation) Prepaid fine Owner: Bruce Mimran-DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave, VB;Bruce.mimran(ahotmail.com per public records. Owner only provides P.O.Box 1659, VB 23451 on all city and business websites. Owner Employer: Owner, 1)Atlantic Fun Park; 233 15th St.,VB; 2) YPB LLC (VB,Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop7(i4aol.com Complaints: 1. Owner operating STR without permit despite previous violations and legal actions. Accepted reservations in May, June, July, & Sept 2025.; accepting new reservations (3 night min) into April, 2026. Unclear if property is in an overlay. 2. Property was renovated and no longer matches property records. Records reflect the main house should have 4 bdrms& 3 full baths but is now a 5 bdrm-2.5 bath STR.Records also reflect there is a main house& 1 apartment on this lot; however,there is now a house and 2 apartments. One apt. is a STR attached to the main house(3401 Arctic Ave)and the other is the original apartment on corner of 34th 1/2 St. &Arctic Ave(3403 Arctic Ave). Unclear when renovations were made or if owner obtained interior or exterior structural permits; changes and improvements are not reflected in property/tax records. 3. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. 4. Owner violating STR occupancy regulations; allowing 16+guests in 5 bdrm Airbnb and 18 guests in 5 bdrm VRBO. 5. Photos reflect there is no off-street parking for STR guests. Listing does not address where 5 vehicles will park other than "parking is free." From: Kyle Kenney To: Zoning Short Term Rental Cc: Marchelle L.Coleman Subject: STR Complaint:3403 Arctic Ave(apt 319 34th 1/2 St.) Date: Wednesday,April 23,2025 4:17:37 PM Attachments: YPB-STR 3403 Arctic(apt 319 34th t 2 SO 2.eml.mso Airbnb-STR 3403 Arctic(apt 319 34th 1 2 SO 2 eml mso VR50-STR 3403 Arctic(apt 379 34th 1 2 S)2 eml m g Airbnb Review 3403 Arctic(apt 319 34th St)eml mso Airbnb Bookings 3403 Arctic Ave(apt 319 34th St).aml.mso Parkina-STR 3403 Arctic Ave(319 34th t 2 StAeml.msq CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear STR Dept: Below please find a new complaint for the STR located at 3403 Arctic Avenue. There is a prior complaint under this address, but the STR has the numbers 319 posted on the building. It appears the owner renovated the original house and this original apartment on 34th 1/2 St. and there is now one house and two apartments on this lot(copy Assessor). All three are unpermitted STRs(see separate complaints for 319 34th St. (house) & 3401 Arctic Ave). The owner renovated all and subdivided some of the structures on his six 34th St. lots (309-319)and there may now be 15 unpermitted STRs. The owner allows winter rentals in most of the properties and has separate websites for his STRs and LTRs. The owner is currently applying for a zoning change for his 6 lots on 34th St., 34 1/2 St, and Arctic Ave. so that he can build 20 townhomes. It is unclear why the zoning application is only listed under the 309 34th St. property. Given the many zoning violations and court actions,please consider this email a letter of opposition to Mr. Bruce Mimran, his corporations,or any corporate partners obtaining a CUP or obtaining approval for zoning changes at any of his 34th St. properties. Thank you. Airbnb: Studio 2 blocks to the Beach,4 min Walk to Beach VRBO: KEY WEST INSPIRED STUDIO W/VAULTED CIELINGS. SHORT WALK TO THE BEACH! (misspellings in VRBO listing) YPB Resorts: Mallory STR Address: 3403 Arctic Ave,VB(319 34th 1/2 St. apartment). STR site verified with listing&Zillow photo comparison. Record: 2025-PCCC-00031 (in review)Zoning change-6 lots on 34th& 34th 1/2 St. Record: 2021-ZCMP-00732 (violation-illegal STR) Fine Upheld Owner: Bruce Mimran-DBA- YPB LLC Owner Address: Possibly 801 Cypress Ave,VB; Bruce.mimranahotmail.com per public records. Owner only provides P.O. Box 1659,VB 23451 on city and business websites. Owner Employer: Self-Owner, 1)Atlantic Fun Park;233 15th St., VB; 2)YPB LLC (VB, Norfolk, &Newport News short and long term rentals); 233 15th St. VB per VA SCC records. Property Manager: Bruce; 757-451-7645; surfloop7aaol.com Complaints: 1. Owner operating STR without permit despite previous violation and legal action. Accepting reservations (3 night min) into April, 2026. Unclear if property in an overlay. 2. Owner violating STR occupancy regulations; allowing 4 guests in 1 bdrm STR(unclear why Airbnb calling it a studio). VRBO website users can add 4 adult guests(18+years old) when checking price& availability. 3. Google Maps reflect 1) only one parking space between this STR and the 1-bdrm 3401 Arctic Ave. STR; 2)insufficient space for parking on 34th 1/2 St. (shows small car parked next to STR and partially parked in street). 4. Owner did not provide his physical address to Real Estate Assessor or on zoning applications. O D1 P1 A�36 �C16. B2 B2 ss\, q� �o �cr B2 o N Site J . Property Polygons Virginia Beach Community Development Corporation W F Zoning Parcel northwest of 3792 Princess Anne Road s Building Feet 0 2550 100 150 200 250 300 4 � VrC r,. ro L'`fir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District) for the property located northwest of 3792 Princess Anne Road (GPINs 1485346667). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: August 19, 2025 ■ Background: The applicant is requesting a Conditional Rezoning to develop 60 multifamily units along with a small office space. The subject property is 3.18 acres and is currently zoned B-2 Community Business District. The site is located within the Special Economic Growth Area (SEGA) 4— Princess Anne Commons. The applicant is the contract purchaser of the site and intends to develop in partnership with the National Alliance on Mental Health (NAMI), which would occupy the office space. The proffered concept plan depicts a total of four buildings, two of which are three stories with a maximum height of 43-feet, and two of which are two stories with a maximum height of 30-feet six-inches in height. All 60 units are proposed to be attainable housing units for households that earn up to 80% of the area median income as established by the U.S. Department of Housing & Urban Development (HUD) and adjusted for family size. Of the 60 units, 9 will be set aside for persons with mental health diagnoses. The layout of the site is influenced by existing public utilities on or adjacent to the site. More specifically, there is an existing 24-inch water transmission main along the front of the site running parallel to Princess Anne Road and an 8-inch sanitary sewer main along the southeast corner of the site near Community College Place. The applicant will provide the required easements for both the water transmission main and the sanitary sewer main as indicated in Proffer 6 & 7. With regards to the water transmission main, the building was required to be a minimum of 25 feet from the main, resulting in a larger building setback than required by the Zoning Ordinance for the building fronting Princess Anne Road. Due to this increased setback, a corner of the building encroaches into the required 15-foot wide landscape buffer along the northern property line where the subject parcel abuts the adjacent residential district. The applicant is requesting a deviation to allow a 10-foot landscape buffer with a privacy fence rather than the 15-foot wide buffer required in order to accommodate the corner of the building while maintaining the required setback from the water transmission main in Princess Anne Road. Virginia Beach Community Development Corporation Page 2 of 4 ■ Considerations: The property is currently vacant, and the proposed use includes multifamily units along with a small office space. The property falls within the Princess Anne Commons area and Special Economic Growth Area (SEGA) 4. The City's Comprehensive Plan recognizes the Princess Anne Commons area as having a unique mixture of education, entertainment, recreation, habitat preservation, and economic development opportunities. The City also recognizes that there is a need for affordable housing, including housing to support economic development. The applicant proposes all 60 units be attainable with 9 units reserved to serve an underserved population, those with mental health diagnoses. NAMI will have an office on-site, which will provide services to those living at the proposed development, as well as having staff go off-site to provide services. The proffered concept and landscape plans address the site challenges while seeking a small amount of relief. The site is an unusual shape with the buildable area shrunken by the easement required for the water main running parallel to Princess Anne Road. The deviation sought is limited to allowing a small portion of the building to encroach into the required landscape buffer. The applicant responded to concerns of neighbors by bringing the larger apartment building and dumpsters away from the side property line and toward Community College Place. There was one speaker in support of the request and two speakers in opposition to the request at the Planning Commission hearing. The concerns expressed related to discomfort with not knowing the mental illness future residence may face as well as the loss of mature trees on the subject site. 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 items by a vote of 10 to 0. Proffer 1 When the Property is developed, the site design shall be substantially in accordance with the Landscape Plan titled "NAMI MULTI-FAMILY [begin strikethrough] , [end strikethrough] — VIRGINIA BEACH, [begin strikethrough] VIRGINIA---CONCEPT LAYOUT [end strikethrough] VA — CONCEPTUAL LANDSCAPE PLAN" dated [begin strikethrough] May 28 [end strikethrough] August 5, 2025, prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the "Site Plan"). Virginia Beach Community Development Corporation Page 3 of 4 Proffer 2 When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "VBCDC NAMI APARTMENT PROPOSAL — VIRGINIA BEACH, VIRIGINA", dated June [begin strikethrough] 46 [end strikethrough] 13, 2025, prepared by Arnold Design Studio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the "Building Renderings"). Proffer 3 When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "NAMI MULTI- FAMILY — VIRGINIA BEACH, VA — CONCEPTUAL LANDSCAPE PLAN" dated [begin strikethrough] june 13 August 5, 2025, prepared by Timmons Group, shall be submitted for review and approval, and a copy to be kept on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 4 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. Proffer 5 In lieu of the 15-foot rear yard setback required in the B4 zoning classification pursuant to Section 903(b) of the Zoning Ordinance, a 10-foot rear yard setback will be permitted to allow the improvements as shown on the Site Plan. Proffer 6 Prior to site plan release, a public utility easement along and contiguous with the length of the Princess Anne Road right-of-way up to the proposed building line, located 25' from the 24" water transmission main, shall be dedicated to the City of Virginia Beach encompassing the existing water main. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. Proffer 7 Prior to site plan release, public utility easement, for public gravity sanitary sewer measuring 30' wide and to be located along and contiguous with the Community College Place right-of-way from the eastern property line adjacent to 1700 E. College Crescent (GPIN 1485-54-2273), to a point 20'west of public manhole 555- 0086-M, shall be dedicated to the City of Virginia Beach. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement Virginia Beach Community Development Corporation Page 4 of 4 shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support and Opposition Proffer Agreement Revised Concept/Landscape Plan Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:�a Agenda PropertyApplicant: Virginia Beach Community Development Corporation V_B' • of Planning Commission • • 2025 CouncilCity / / '• Project Details Request Conditional Rezoning (B-2 Community Business �, District to Conditional B-4 Mixed Use District) Q Staff Recommendation Approvals o Staff Planner 9 ENE _ Michael Hayes saEt+cE'�� u Location �� Parcel northwest of 3792 Princess Anne Road W GP/N 1485346667Qu Site Size 3.18 acres Rbs�4n�cel -� � A/CUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped lot/ B-2 Community Business Surrounding Land Uses and Zoning Districts L North r Multi-family dwellings/ PD-H1 Planned Unit Development R ` o T 4 South ¢'tiCFSS Community College Place Restaurant, hotel/ B-4 Mixed Use � g� East Community College/ P-1 Preservation West Princess Anne Road Shopping center, restaurant/ B-2 Community Business Virginia Beach Community Development Corporation Agenda Item 15 page 1 of 20 Background SummaryofProposal • The applicant is seeking to rezone this 3.18-acre parcel from B-2 Community Business District to Conditional B-4 Mixed Use Business District to develop sixty residential units and a small office space. • The site is located within the Special Economic Growth Area (SEGA) 4- Princess Anne Commons. • The applicant, Virginia Beach Community Development Corporation, is the contract purchaser for this undeveloped parcel and intends to develop the site in partnership with the National Alliance on Mental Illness (NAMI), which will use the proposed office space for two of its corporate employees. • A total of 60 residential units are proposed for an overall residential density of 18.9 units per acre.The residential units include a mixture of garden style apartments and townhouse units spread across one multifamily building and two townhouse style buildings. In total, there will be 12 one-bedroom units, 34 two-bedroom units, and 14 three-bedroom units. • As depicted on the proffered conceptual site plan, the three-story multi-family building will be 43 feet in height and the two-story townhouse buildings will be total of 30 feet and six inches in height. The primary building materials will be comprised of light-colored brick, dark blue fiber-cement board, and vinyl trim. • All 60 units are proposed to be attainable housing units for households that make up to 80%of the area median income as established by the U.S. Department of Housing & Urban Development (HUD) and adjusted for family size. Of the 60 units, 9 will be set aside for persons with a mental health diagnosis. • The layout of the site is influenced by existing public utilities on or adjacent to the site. More specifically, there is an existing 24-inch water transmission main along the front of the site running parallel to Princess Anne Road and an 8-inch sanitary sewer main along the southeast corner of the site near Community College Place.The applicant will provide the required easements for both the water transmission main and the sanitary sewer main as indicated in Proffer 6 & 7. With regards to the water transmission main, the building was required to be a minimum of 25 feet from the main, resulting in a larger building setback than required by the Zoning Ordinance. • The applicant is requesting a deviation to the required landscape buffer along the property line shared with an existing multifamily complex to the north. The request is to reduce the buffer width from 15 feet to 10 feet. The applicant is requesting this deviation to the landscape buffer requirements through the provisions of Section 107(i) of the Zoning Ordinance, as noted in Proffer 5. As shown on the conceptual landscape plan, the screening along this property line includes a combination of landscaping and a six-foot tall, white vinyl, privacy fence. • Per Section 203 of the Zoning Ordinance, the proposed use requires 118 parking spaces while the proffered concept plan includes 122 spaces, thereby exceeding the parking requirement by four spaces. • A Phase I Environmental Site Assessment (ESA) was prepared by Commonwealth Environmental Associates, Inc. dated April 5, 2025.The Phase I Environmental Site Assessment found no evidence of Recognized Environmental Conditions (REC) or Controlled Recognized Environmental Conditions (CRECs) connected with the property. The conclusion was that no environmental conditions of concern were identified on-or off-site. Virginia Beach Community Development Corporation Agenda Item 15 page 2 of 20 Zoning History Map Key No. Request CRZ (B-2 to Conditional B-4) Approved 08/20/2019 1 CRZ (R-8 & B-1 to Conditional B-2) � Approved 11/21/1983 2 CUP (Motor Vehicle Rentals) Approved 02/08/2005 3 LUP Approved 07/09/1996 ,_ 5 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 This request to conditionally rezone the property on the northwest corner of the Princess Anne Road and Community College Place from B-2 Community Business District to Conditional B-4 Mixed Use District is, in staff's opinion, acceptable.The property is currently vacant, and the proposed use includes multifamily and townhouse units along with a small office space. The property falls within the Princess Anne Commons area and Special Economic Growth Area (SEGA) 4. The City's Comprehensive Plan recognizes the Princess Anne Commons area as having a unique mixture of education, entertainment, recreation, habitat preservation, and economic development opportunities. While economic development tends to focus on commercial and industrial opportunities, the City also recognizes that there is a need for affordable housing, including housing to support economic development. The proposed development includes 60 rental units, a leasing office, and an office space to be utilized by the National Alliance on Mental Illness (NAMI). NAMI is a partner on the project, with nine of the units being reserved for persons with a mental health diagnosis. All 60 units will be available as attainable housing, providing housing options for households making 80 percent or less of the Area Median Income.The attainable housing units will meet a housing need in the city and is located in an appropriate location with access to transit and nearby commercial uses. Virginia Beach Community Development Corporation Agenda Item 15 page 3 of 20 Staff finds the proposed site layout, including the reduced width of the landscape buffer along the north property line, acceptable. Given the size and unusual shape of the lot, the five-foot reduction affords the applicant the necessary relief to develop the site efficiently and accommodate the proposed multifamily units and office space. Staff finds that the reduction in the buffer is appropriate given the proposed development is primarily apartments adjacent to an existing apartment complex. The main buildings are oriented towards the Princess Anne Road frontage as well as at the corner of the Princess Anne Road Community College Place intersection with parking placed behind the buildings, internal to the site.This placement, coupled with the proposed landscaping along Princess Anne Road, will provide an attractive streetscape along a main corridor in the city. Access to the site is proposed from Community College Place. Community College Place connects to Princess Anne Road at the corner of this property. Princess Anne Road is a divided limited access arterial in this area and has adequate capacity for the traffic to be generated by the proposed development. Information provided by the Virginia Beach City Public Schools Staff indicates that the anticipated increase in student enrollment will be within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the school population. This site is located in the Southern Rivers watershed. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining the proposed stormwater strategy. The applicant will use an underground stormwater system to treat for water quality and quantity before discharging into the public system. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative flooding impacts will occur upstream or downstream as a result of this development.-More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations described, Staff recommends approval of the rezoning application with the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is developed, the site design shall be substantially in accordance with the Landscape Plan titled "NAMI MULTI-FAMILY[begin strikethrough] , [end strikethrough] =VIRGINIA BEACH, [begin strikethrough] VIRGINIA CONCEPT- LUG"T [end strikethrough] VA — CONCEPTUAL LANDSCAPE PLAN" dated [begin strikethrough] May 28 [end strikethrough] August 5, 2025, prepared by Timmons Group, which has been Virginia Beach Community Development Corporation Agenda Item 15 page 4 of 20 exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the "Site Plan"). Proffer 2 When the Property is developed,the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "VBCDC NAMI APARTMENT PROPOSAL—VIRGINIA BEACH, VIRIGINA", dated June [begin strikethrough] 445 [end strikethrough] 13, 2025, prepared by Arnold Design Studio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the "Building Renderings"). Proffer When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "NAMI MULTI-FAMILY—VIRGINIA BEACH, VA— CONCEPTUAL LANDSCAPE PLAN" dated [begin strikethrough] Jae 13 August 5, 2025, prepared by Timmons Group, shall be submitted for review and approval, and a copy to be kept on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 4 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. Proffer In lieu of the 15-foot rear yard setback required in the B4 zoning classification pursuant to Section 903(b) of the Zoning Ordinance, a 10-foot rear yard setback will be permitted to allow the improvements as shown on the Site Plan. Proffer 6 Prior to site plan release, a public utility easement along and contiguous with the length of the Princess Anne Road right-of-way up to the proposed building line, located 25' from the 24" water transmission main, shall be dedicated to the City of Virginia Beach encompassing the existing water main. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. Proffer 7 Prior to site plan release, public utility easement,for public gravity sanitary sewer measuring 30' wide and to be located along and contiguous with the Community College Place right-of-way from the eastern property line adjacent to 1700 E. College Crescent (GPIN 1485-54-2273), to a point 20' west of public manhole 555-0086-M, shall be dedicated to the City of Virginia Beach. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair,and related activities. 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. Virginia Beach Community Development Corporation Agenda Item 15 page 5 of 20 Comprehensive Plan Information The property falls within the Princess Anne Commons area and Special Economic Growth Area (SEGA) 4 as noted in the Comprehensive Plan. The City's Comprehensive Plan recognizes the Princess Anne Commons area as having a unique mixture of education, entertainment, recreation, habitat preservation, and economic development opportunities. (p. 1-102) While economic development tends to focus on commercial and industrial opportunities,the City also recognizes that there is a need for affordable housing, including housing to support economic development. (p. 2-73) When residential development is constructed, it should occur outside of AICUZ noise contours greater than 65dBs. (p. 2-81) When laying out the site, buildings should be oriented toward the front of the site, adjacent to principal roadways. Parking should be located to the rear, and pedestrian pathways through the site should be prominent. (p. 2-3,4) Meanwhile, the buildings should limit repetition and provide visual interest in the design of their elevations. The quality of design should carry around to all four sides. While visual interest is desired, in order to maintain the traditional scenic qualities of the Princess Anne Commons area, bright colors should be limited to small accents, such as doors. (p. 2-8,9) 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 2-0 ADT Princess Anne Road 50,000 ADT' 74,000 ADT'(LOS4 111)") Existing Zoning—1,760 ADT based 3.2 acre parcel zoned B-2 Proposed Land Use 3-460 ADT 'Average Trips per 'As defined by a 3Based on 60 4LOS = Level of Day vacant site residential units Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This section of Princess Anne Road is identified by the Master Transportation Plan as a divided, controlled access facility with bikeway. No CIP projects are slated for this area. Active Transportation Plan The Active Transportation Plan calls for a shared use path along Princess Anne Road in this area. Virginia Beach Community Development Corporation Agenda Item 15 page 6 of 20 Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of a 60-unit multi-family development at the northwest corner of Princess Anne Road and Community College Place. Site improvements include parking lots, drive aisles, landscaping, and stormwater management facilities to support the development. The site currently consists of mixed open space and trees and generally flows into the public drainage system along Community College Place and Princess Anne Road. Stormwater runoff from the proposed development will be collected into the underground stormwater detention facilities beneath the parking lot that will be sized to treat for water quality and water quantity before discharging into the public drainage system along Princess Anne Road. Additional manufactured treatment devices maybe used to provide additional water quality treatment for runoff leaving the site. Based on the information provided by Timmons Group in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 3.2 acres Pre-Development impervious area: 0.0 acres Post-Development impervious area: 1.8 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facilities will discharge directly into the public drainage system located along Princess Anne Road. Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains east through the public drainage system along Princess Anne Road, turning south towards the canal system west of Landstown High School and continues south until it reaches the North Landing River. The North Landing River ultimately drains through the Currituck Sound and into the Atlantic Ocean. Virginia Beach Community Development Corporation Agenda Item 15 page 7 of 20 Public Utility Impacts water The site connects to City water, though lines need to be inspected to assure they are adequate and improved if necessary. Sewer The site connects to City sanitary sewer, though lines need to be inspected to assure they are adequate and improved if necessary. School • . School Current Capacity Generation 1 Change' Enrollment Landstown Elementary 628 students 638 students 10 students 10 students Landstown Middle 1,246 students 1,209 students 5 students 5 students Landstown High 2,147 students 2,277 students 6 students 6 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). Virginia Beach Community Development Corporation Agenda Item 15 page 8 of 20 Public Outreach Information Planning Commission • The development of the proposed project included stakeholder meetings with the community in October 2023, a community design charrette in May 2024, and a community review of the designed layout in November 2024. The Virginia Beach Community Development Corporation also presented publicly to City Council in November 2024. Concerns raised by the community during the process included if the use was appropriate for the area, potential existence of wetlands onsite, potential drainage issues, increased traffic, impact on property values, influx of pedestrians into surrounding neighborhoods. • A letter of support was submitted by Harmony Investments, the owner of the hotel across Community College Place. • 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 • On July 31, 2025, the applicant hosted a community meeting where the landscape plan, building elevations, and building renderings were shared with the community. • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 5, 2025 and August 12, 2025. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 4, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 15, 2025. Virginia Beach Community Development Corporation Agenda Item 15 page 9 of 20 CONCEPT PLANT SCHEDULE VIRGINIA BEACH LANDSCAPE REOUIREMNTS SITE DATA • PARNMO TREE 9UG'.FSTEii SPECIES PARKWG LOL MENIpi CAICUUTIUNS -At AREA .11.Af, YfflCU9 PHELL05 HICiTOWER-WILIOW OAK J06F PlANTEDAREAPER PARNINYISMCE REUUIkfU Fx15TINGZCMIHG R2 O•M ERRA V4 (£ fEN"ISw1VlEAF 2El KO':u PARKMGLOTWTERORCOIMR IGEREOUIREJ. JND'-F �RCF'OSED ZONING. N ]0 SF%1.PARK NG SPACES! LR[ET FRONTAGE TRCL.&1100E TED SPECIES PAPo(MG LOT LATER OR COVERAGE PROVIDED. 55005E 'OTAL RE401FHTNI.LNR! b-FOT rr. l • l —INGRRON PIEERA.T YW POPS PARKING LOT MTEAIOR TREE C%2ANTRY REIX , MA TREES _ T 4RFENSPIRE OREE LINDEN IJ 0605E COvfRAG-RFC•1506F RA11TF M It �_IRED 1226PAf L6 vl ROVIDEO. '22`,"4 s WERCUS Po VI0.GP6NN HIGHMIMEHIGH OAK RL4E UVE MRNNu(:1OT TRFF OUANTIIY'PROVIDFD ZS-It. PAPo(NGP WL NG RE[ UGGCs'TC06PCC1L5 MRK LOT STREET FIRO4TAdF. -CLRS ROEMIA%' 111E TUSKEGEE GRAPE MYRTLE pM4 AM;, RANT NU66ERRLl J(A—-a NFSE FLONERINO CI+ERRr 10(T WIDE MG AREw,TRECS SFACCO EVERYdO FT - ERCIS EASTERNREDCO, .I_I nNcs Fv.mPtrs. 3r�•A ' PARKW6lOT SCREENltO V�+ F N NC PLANTIN 3 311.GESTFD 4PFC F,s ONE()St0EU8 PER FOUR(d)LMEAR fEETOF PARxMD FRONiMG AN'ROVV 'NMITTED RF 41tt s01YYT61AC •T � S ERK.LE%o a AMAN 1NFRH MwcwoLlA .rrle PAR% RFn ; EAbvERN ReD CEONt DLMPST RSCREEIJI'v. DtMll'31FR5 SCREENED FROMYIEWOF ROW MO PNONOFD • FCONMT:ONSHRU SUGGESTED6PECIE6 P (JWG FOIf�ATKJN R.ANIMG FG4ANNiNW PLANT S FOIHRFOAT M1e1AFNM 00K ANY 50AF OF ABELM%GlLW01(LORAGl065Y ABCLIA - L^`4 LIW$TRUM 'SVWANEL PoVER-SUN'ANCC RP/CR PPoVEi RINI dNC FACINGAROW � NOTE kE%NIGI DAl 14 aNA.;na EAITEREDM1' h M Ate` " �YCZT�. `. • A MiT M R TD P �'. A x�_ all 4 • QU 1� .eF —• � \� S..'k�.: a tom. O v o 1D /� ra C rD O 3 NAMI MULTI-FAMILY - VIRGINIA BEACH, VA D rD CONCEPTUAL LANDSCAPE PLAN-August 5,2025 TIMMONS GROUP (D Q o rD Iv I--, _ 70 p (D O h IV O O LrI n _ - -- ------------ ARNOLD _► - DESIGN STUDIO Fcc•,Fuaee�.Mri>A .111 ti S OFF s ..,f>ro•rw.��wm•f�f�„fart o x�, I :d V waF+wff uF:.rfacF '' rgoF - ----afrorw raFfwus�:�s`f�-S' N - .. � — _rennin amx=�'.•,' —- �— - - ----—�. .___-�LL�wnzarc+c�c,erxn�e +r r•-• r.Y;f.n,� � �wornn;FaF nAF �. au•iow,rerssfeew,ro , __. _ ti L .��.••t CE � R30wNc (D APPLICAT ON v 2025 NOT FOR �� --___ �ONSTRJCnIOm. }r � �,. �: 73L� � f ,+7. t�f� 'dy^ �i'^^' a..�..,.�.:.�., rn.•w n,<fc ^••Tf �' +..� �f4 '�f Y�'. •'� IfOCFTF,ff NAFI.O}� -u/'a i FTxmE am:i � �:wo � MtR fYr!IwQe O ,v s�iF+nuU' EXSERIOR MR•D1, O ,-.,.., .�.� .y..• Mama �611ill iml � fILVAIIONS wrFaa•o.o.fwM1 SI=tl A20 ' D m as rD D n Q O — 70 rr O o 3 N N O O In 3 ARNOLD . . �.mu.s ati DESIGN STUDIO MEN � aoa rnnsm waS mail Jmwwa .w;J.y • c arwy •'ils.�Yx.wiuw.r muiw;rw.sw�u,w.�a:.J .a.wa.a.'•• C Z g < U �. nrwwra.aawoa LL. �,aon•aoJ.rw ca � S C2a Inc.Jwu uusaiS is �' !Si Pau nmarcr a�1 Wl>IS�q(a'JYMf:31MH4:.NG.k NfI SFVFMWJ��4GI REZOMNG ... - _...- _S.A*SJS1 APPLICATON 2025 P) NOT-OR CONSTRJCT:ON O w ar.0 wwanc.�wn�sn..... n Dill �_Il�rll w.w SHEET NAME IR 3-STOP WALK-OF __ r Horn Jvri.wac.raea.ry ` EXIEN R w''ff. �. rn.my +s ELEVA10NS 0 __�._ _� �...W�� _ _ _ I I _ C _a—__-__ SHE- D (D -0 �° rt ro v :3 n M 0- o IT v N (D O cn D ARNOLD! E� DESIGN STUDIO O rc Z � 7 � O 11 ,wn.rr n".�rs cw.wr Z I el a rArywa'!('r'rflrt911inw'4 :• _'a> � , n ',q P'M+,gOr>••Jb K,M.. p j — F _. y `�A, !! illJ _ r,�rnoor„o,a<w,M ' a w�y REZOMNO CU ii; �a$rwv rs:.s`.oxr m,ww:c-urr vve,uvn,ov %"i�•,Ya.nrvun�s wr wnu,xcc.rwF,awnrn r.;:"� APPL CATION 2025 NOT FOR CONSTRICTION r .vu•nuvnM CI CDCN:J ICAIYO "' �I nr4wx rnv rw, NA 1 `� .w. _ -- -. - ... sLa8115>ot _Ii• SW7NAME o IDINGC ' o ', E1cfEe0E W •-�`" �"° MATIONS aaur neuTr mn, ' c . SKEET r m I A203 D rm -a °° 0- o m N — _ u, r* o rD Iv N O " O r_r1 O ARNOLD DESIGN STUDIO r • O y rc � 9 � < ' I i 5 adxao•v wad K,ti Fau�nmArmwaw.`, �� _ ' •ra woax mew awy A _.REZONING (D APP_ICATION C11 2025 P1 No--OR ONSTQJCTIOn �G — "� ' `•owr 54 S'EEf NAME a C � ■ ■ 1� w+.,xx,,....TMM9 �RiW.Aro (� _ nm woxroo•sw9 WRDIIEGC < _ ..........�-.-__.gv;.mr:.a. 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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 Virginia Beach Community Development Corporation (VBCDC) Is Applicant also the Owner of the subject property? Yeso No(F) If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO If yes,name Representative: Steve Davis, Davis Commerical Law Group Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 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.) th7edlist- Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: VBCDC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(F) If yes,name the official or employee,and describe the nature of their interest, APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O O Townebank,\Aginia Housig,VCC,Bank of America,Truist Vanguard,Wells Fargo cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M ay-2024 page 1 of 3 Virginia Beach Community Development Corporation Agenda Item 15 page 17 of 20 Disclosure APPLICANTSECTION 1: DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and or individual Accounting/Tax Return Preparation O Wall,Einhom,and Chernitzer P.C. Architect/Designer/Landscape Q O Amold Design Studios,Colin Arnold Architect/Land Planner {/�\J 1.../ O VBCOC iuu.nu W d caMcb f�rvi rs 10 .Ne pq—itvxnawd i,m � wit oray9n ofitlenYf Construction Contractor Engineer/Surveyor/Agent © Timmons group Legal Services O Davis Commercial Law Group,LLC.-Steve Davis 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. Ashley Jarvis 03/31/2025 Applicant Name(Print) Anoif Signature Date i"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,(it) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/7/2025 Michael Hayes W4LZa¢r0 cu24, 8/7/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Virginia Beach Community Development Corporation Agenda Item 15 page 18 of 20 Disclosure Statement BMOC &AffUlixtEntities 3/31/2025 VBCDC Board of Directors David].Crain Jr.,President Audrey Douglas-Cooke,Vice President Gary Sharpe,Secretary/Treasurer Kay Ashby-Director Esmel Meeks-Director Christopher L.Brown-Director Robert Ewell-Director Matthew Hamaker-Director Jeremy C.Johnson-Director Frank McKinney-Director Staff Exec�Llves/Offrcers Andrew Friedman,Interim CEO Affiliates/Subsidiaries CORNERSTONE PROPERTY VENTURES LLC CEDAR GROVE 2011 LP. VETS'HOUSING.INC. QYPRESS LANDING.LLC. QhE5APEAKE VETS'HOUSING. ISUL TRANQUILITY LAKES 11,LLC. SUL TRANQUILITY LAKES ii MANAGER LLC Virginia Beach Community Development Corporation Agenda Item 15 page 19 of 20 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Beach Community Development Corporation Agenda Item 15 page 20 of 20 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #15 Virginia Beach Community Development Corporation Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item number 15,Virginia Beach Community Development Corporation. Ms. Cuellar: Welcome, and if you could please state your name for the record. Mr. White: Good afternoon. my name is Quincy White and I'm proud to serve as the new president and CEO of the Virginia Beach Community Development Corporation. I'm also joined by our attorney Steve Davis,our engineer Dan Ruby,as well as our Chief Strategic Officer,Ashley Jarvis. It's a privilege to be here today to present a project that represents the best of what can happen when the city and its nonprofits, its residents come together to meet urgent needs with compassion, strategy and vision. today we respectfully request your support for the rezoning of a vital new partnership between VBCDC and NAMI Coastal Virginia. Together we proposed a transformative initiative,60 new affordable housing units,including a best practice of an integrated community with a small allocation dedicated to individuals living with a mental health diagnosis, any new regional headquarters for NAMI offering office classroom outreach space to dramatically expand access to free mental health services for our community. This development located near the intersection of Princess Ann Road and Community College Park, Community Park, well, I'm sorry, Community College Place directly addresses two of the most pressing challenges facing Virginia Beach,the affordable housing crisis, and the growing demand for accessible community- based mental health services. Importantly, this effort, reflects years of planning and meaningful engagement with the community. We've actively incorporated feedback from neighbors and stakeholders at every stage, and that dialogue will continue throughout development. We understand that trust is built through transparency and partnership, and that has guided our approach. This project has also reflected the support of City Council. In fact, the council voted unanimously to donate this land to VBCDC specifically for this use, a powerful testament, to the community, to the city's commitment to addressing housing and mental health together in a bold and forward looking way. This site is ideally near, located near transit,jobs, medical care, and retail precisely where this kind of thoughtful integrated development should be, and with critical funding deadlines approaching a delay in rezoning would jeopardize our ability to move forward and secure the resources needed to make this vision a reality. I shared this today, not only as the leader of VBCDC,but as a longtime supporter of NAMI Coast of Virginia,and as someone deeply committed to creating a healthier,more inclusive Virginia Beach. This is a moment of opportunity and action. On behalf of our team and partners, I urge you to support this rezoning and help us keep this transformative project on track. thank you for your time, your service, and your consideration. At this time,I will yield the rest of my time to our chief strategic of,strategic officer Ashley Jarvis. Ms. Cuellar: Thank you. Ms.Jarvis: Thank you. Good afternoon, Commissioners. Thank you for the opportunity to talk with you this afternoon about our proposal. I wanna take a minute to highlight our community engagement process and the history with this project. A little over four years ago, we began working with NAMI and Councilman Berlucchi and Councilman Remick to identify a site in Virginia Beach. For this project,we evaluated four other sites,which were not feasible for,reasons of high noise,a crash zone area,or not a large enough site for the project. The city brought us this location in early 2023 and, a city owned land, and we began discussions about their donation of the property. So in October,2023,we went out to Buckner Woods Homeowners Association and met with the community and took in their concerns. We walked the property with them as well. We heard concerns over, tree mitigation, wetlands, traffic, noise pollution, light pollution, and property values. Over the next several months, we worked with our design team, further on the project concept,and we held a design charrette in May of 2024,which was attended by community stakeholders, supporters, and the Buckner Woods Homeowners Association. At that design charette, we gave an overview of our project proposal as well as NAMI services, talked through components of resident screening and what that would look like, and then took in feedback on elements of design that we could incorporate feedback on, such as fence style, lighting style,brick color,building,height,things of that nature. In November 2024,we held a community engagement session, which was attended by neighbors and stakeholders where we presented our, conceptual site layout ahead of the rezoning process.During that time,you know,we continued a conversation around building height and highlighted how we have incorporated feedback into the design. You know, we heard loud and clear that a five story building was not desirable. So our maximum height here is three stories. We further worked through the rezoning process to move some of the units off to the far right to reduce the number of units that are closest to the adjacent property line. In addition, the NAMI office space will also be in that center building, which further reduces the residential units right up against that property line. and, you know, we incorporated feedback around color tones, lighting style, having a solid fence to work through foot traffic and having a landscape buffer that would also prevent, cut through traffic, to the neighboring community, and so our next steps, we have a, a rendering reveal scheduled for July 3 1' that we've invited the community and stakeholders to. We've also offered to have one-on-one meetings and go back and walk the community with them again and highlight the ways that we can incorporate feedback into our design. We're committed to being a good neighbor, being a responsible neighbor and contributing to property value and contributing to the, you know, services and housing stock for our citizens. during the Informal Session this morning, there were some items that came up, that we wanted to talk through. We are committed ahead of the City Council hearing to incorporating the shared use path along Princess Anne Road. We are also amenable to looking at an alternate fence color, and we wanted to highlight that the deviation that we're requesting is only for the building on the far left,due to the 30 foot easement required by public utilities due to that waterline, we can only achieve a 10 foot building setback on that far left, but the rest of the buildings will have a 15 foot building setback with a 10-foot landscaping buffer. We'd be happy to answer any other questions for you. Ms. Cuellar: Thank you very much. Commissioner Camp? Mr. Camp: With regard to the comments you just made about the setback, does that also include the two dumpsters? Ms. Jarvis: Yes. So the dumpsters and the three story building will be moved to be outside of the deviation where they would have a 15 foot setback. Ms. Cuellar: Okay. Commissioner Plumlee? Mr. Plumlee: So the area meeting income, can you tell us a little bit about that in our area? Ms. Jarvis: So the area median income is set by a HUD each year, and it's adjusted for family size. So this project proposes to serve a limit of up to 80%of the area median income that ranges for household size. So from a family of one up,you know,up to a family of four or six that could range from an income of approximately maybe 36,000 for a single up to 75 or 80 for a household of four. Mr.Plumlee: Okay. Thank you. Ms. Cuellar: Commissioner Cromwell? Mr.Cromwell: He spoke of your meetings with Buckner Woods in November. We got an email from Mr. Jordan Moore, and he said you all haven't been in contact since then, and there's been the addition of another building since he, or since you all met last time. Ms. Jarvis: Yeah, so our last conversation with Mr. Moore in November, you know, centered around the concept design that was going to be submitted as a part of our rezoning application. And that our next steps would be to move forward with that application,with that design,and then have another engagement session, with the rendering reveal. We were open to continued conversation and dialogue and invited them to come in and talk with us. My understanding was some of the concerns were not only with our engagement process, but with city processes. They were going to take that,you know,with their,up with their council rep and city staff. So we have been open to that communication. We did reach out to Mr.Moore after being notified of his letters to have an engage, a one-on-one meeting ahead of our next public meeting, and we'll go back out and walk the community with them again, make sure we've incorporated their concerns and highlight the ways that we have strived to do that through this process. Ms. Cuellar: Mr. Davis, if you could state your name for the record,please. Mr. Davis: Yes. I'm Steve Davis, counsel for VBCDC here. I think that perhaps the additional building that is being referred,to this is actually an enhancement in the project. Originally, if you have the rendering up there,there's a middle building and the middle building contained was longer than it is on the plan that has been proffered, in part in response to trying to move away some of the units from the residents as well as to increase traffic flow and respond to other staff comments. The new building is actually a reduction of the building that fronts directly on the shared property line with the Buckner Woods neighborhood, and has now moved over to the wooded area that borders the TCC project. So it's actually now a smaller building, back there along the property line, common shared property line with Buckner Woods. Mr. Cromwell: How about as far as landscape between the Buckner Woods and the main building? Is that going to be enhanced at all as far as you, you got a three story building looking down? Mr. Davis: Yes, sir. So what we have there is, as was alluded to, we are going to,that building is, and the dumpsters as was asked by Commissioner Camp, that are off to the side, are going to be moved closer, approximately five feet closer to community college place, allowing that to be outside of the building setback,and there will also be a 10 foot buffer and a six foot privacy fence, which is a result of, of communications with folks as to how to minimize this added across the back property line. Mr. Cromwell: Has this been conveyed to Mr. Moore?The privacy funds? Mr. Davis: No, this just came up, I would say within the last 36 to 48 hours, or less that these, these were specific concerns. So we have rushed through and, you know, have our engineer confirm for us in the period that, what we are proposing is feasible, in order to accommodate the request. So really we're continuing community dialogue right down to the very last hour here. Mr. Cromwell: Thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: Thank you, sir. I did not hear, the answer to Commissioner Cromwell's question about landscaping between that center building and the property line. I heard about a fence. We see a color rendering here that appears to have some type of vegetation between the building and the property line, and then we were given a black and white drawing that does not have it. Which one should we be looking to as the conceptual plan as far as vegetation there? Mr.Davis: It would be the colored one. I'm sorry,the acoustics in here are not great,as you guys know. There will be a 15-foot building setback and a 10-foot landscape buffer, and obviously the 10 foot landscape buffer will be on the inside of the six foot privacy fence that not only serves to block views, but also to secure the neighborhood to the rear that there'll be no access. Mr. Camp: So if I'm on the Buckner Wood side,just baby, step it for me. Am I going to see fence or vegetation? Mr. Davis: Yes. You're going to see both because yeah, you're going to see both. I didn't mean to be, cute there. you're going to see a fence first and behind it, you're going to see vegetation. Ms. Cuellar: Are there any additional questions for the applicant at this time? Okay, thank you very much. Madam Clerk,how many speakers do we have for this application? Clerk: We definitely have three, but we might have four. I'm just having a hard time reading the handwriting on one of the numbers. Our first person would be Theresa Stanley for number 15. Ms. Cuellar: It sounds like Ms. Stanley is deferring. Is that what I'm hearing? Clerk: Okay. our next speaker would be Kay Florhe. Ms.Florhe: Hello. Ms. Cuellar: If you could please state your name for the record. Ms. Florhe: I'm Kay Florhe, members of the Planning Commission, I'm a dedicated citizen of Virginia Beach and the advocacy chair of the Interfaith Alliance at the beach. Additionally, I'm a member of Tide War Soar of Justice. Our organizations collaboratively address social justice and human right issues within our community guided by compassion and nonpartisan advocacy. We have strongly supported the NAMI CDC project located at Princess Ann Road and Community College Place over the last four years. This site is ideal for the development of affordable housing and supportive housing for individuals with mental health challenges as envisioned by the partnership between VBCDC and NAMI. The property is ample acreage and proximity to medical facilities make it a suitable location for this project. We urge you to expedite the process to facilitate these 60 apartments,which include nine units dedicated to individuals living with mental health issues,issues. Thank you for your consideration to rezone the 3.18 acre parcel to conditional B four for such an important issue to address the affordable housing for citizens of Virginia Beach. Thank you. Ms. Cuellar: Thank you Ms. Florhe. One moment for does anyone have any questions? Thank you very much. Clerk: Our next speaker is in opposition, Margaret Ditty, followed by Linda Heino Deroy. Ms.Ditty: Good afternoon. My name is Margaret Ditty and I live in the unit that is directly across from where the trash receptacle will be. It's on unit 107. My concerns are several. I am a retired mortgage generator. I have approved mortgage home loans for over 30 years for FHAVA,VHDA, conventional, Fannie Freddie, the works. It's one thing to say I'm going to put in single family homes next to Buckner Woods and it be permanent residence, affordable housing, and let them move in and establish residency and be part of that community. It's another thing to rezone an area that you thought was going to be going to be donated to Tidewater Community College and say, okay, guess what Ms. Ditty, you're going to be living next to a possible mental facility. I don't know what you wanna call it. I mean, granted there's business offices and you can go see a counselor and talk to them about your issues and that's fine and well and great. But it's another thing to say, I'm going to house possible people with mental disturbance issues, which again, nobody's disclosed us. What type of issues we're dealing with? Are we dealing with people that are coming off drugs who may have a relapse and all of a sudden we have their drug pusher,peddle or person, whoever gives them drugs in our parking lot across the street while my grandchildren come over to visit me? I take issue with that, and rightfully so changing the zoning code for a NAMI to go ahead and do their facility, I think is a way of making it fit for them. But what about all the residents in Buckner Woods who have to live next to this so-called facility? What is that going to do to our property values and the marketability of those homes inside that project? Now, my mother left me this home. She had been at one of those meetings before she passed away, and she indicated that she had expressed those desires to whoever the representative was who said, we'll get back to you, Mrs. Alman never did, never once did. Now being that I have approved many home loans for very deserving families, I am concerned, my husband's concerned, I'm concerned for my grandchildren coming over to visit. I think there needs to be just a tad bit more disclosure on what we're dealing with this so-called mental thing. Okay. I don't have a problem with it. I have no problem with counseling offices,but I do take exception to possibly living with somebody who might be psychotic,jumping that six foot fence right behind my unit and harming myself, my neighbors, my grandchildren. And if you are in my shoes, I think you'd feel exactly the same way. Would you want to know that, know that somebody could jump at six foot fence and come into your, and even though we have security, how, how would you deal with that? So these are my questions for you to consider. I'll try and rush it along. Ms. Cuellar: If you could just pause please, because your time is up. We're very grateful that you're here and so, but we just have to be considerate to all the speakers for three minutes. So let me just ask the Commissioners if maybe they have a question for you. Ms. Ditty: Yeah. If you could ask questions, please. I would greatly appreciate because I've several. Ms. Cuellar: Yes,ma'am. Commissioner Plumlee? Mr.Plumlee: Ms.Ditty,you say you lived directly. Is it behind the proposed larger unit that you live behind in the community. Ms.Ditty: If you come back from old trash thing right there, where it's stuck in middle building, we're in 107,which is,you can see the little forest up there and you can see that,that's right where that first bullet is of those homes we're in 107,which is smacked across from the trashed receptacle. Mr. Cromwell: Okay. And this is a home that you inherited from your mother recently? I'm sorry about your mother passing. Ms. Ditty: Thank you. Who expressed concerns about this very same issue. Mr.Cromwell: Okay. But you said you were under the impression this would be developed,but it was going to be for,was it student housing or what was the idea for TCC? Ms. Ditty: We had assumed, you know, when she bought that because it's got a beautiful, beautiful,you know,trees in that area. And it's probably those units had the most desirable because of the trees there.and it's the,the distance from the,the street.but we were told when she purchased it that it was probably the city was going to donate it to TCC to build housing for students, you know, affordable housing,which is a good thing. and then all of a sudden she got blindsided with the,oh,we might be building units for mentally ill people. And so she'd expressed her concern to the whoever the NAMI person was and nobody got back to her. I didn't think they even got back to the association to be quite frank. Mr. Cromwell: Thank you very much. Ms. Cuellar: Are there any other questions for our speaker? Ms. Ditty: Is this going to be an apartment building? Are they renting out these units? Are they selling them? Are they doing financing with FHAVA? Ms. Cuellar: So let me ask you, ma'am, have you had an opportunity to read the staff report? Have you had,have you had an opportunity to do that? Ms. Ditty: No. Ms. Cuellar: Have you got a copy of that? Ms.Ditty: I got the notice in June,and this is about all the information that we've all gotten,which is not much disclosure. Ms. Cuellar: Okay. So, we have other speakers here today. The applicant will have an opportunity for rebuttal. So as we're all listening together, maybe some of your questions will be answered at that time, but we can get you a copy of the staff report so you can review the application. Ms. Ditty: Do you guys have a contact person to where I can talk with them personally and ask my questions who is in-charge of this project? Ms. Cuellar: Do you know what the applicant is here? So I'm hoping, Mr. Davis, for example, Ms. Jarvis or Mr. White can speak with you after the hearing, so to help reassure you and answer all of your questions. Ms.Ditty: So somebody that represents the city I can talk to. Ms. Cuellar: Well,the applicant. Ms. Ditty: Well,the applicant supports NAMI,they don't support-. Ms.Alcock: If can you bring me that,your letter,that contact information should be on the back. I just wanna confirm it. Ms. Hippen: I think it needs to be stated that the staff reports are on the city website under planning department. Clerk: Our last and final speaker is Linda Carino-Deroy. Ms.Deroy: A little bit nervous. Ms. Cuellar: That's okay. Well just take your time. Take a deep breath. Ms. Deroy: I'm well aware and I'll get into a little bit of personal,which I wasn't going to do, but Ms. Cuellar: Can you please state your,please state your name for the record. Ms. Deroy: My first name's Linda, last name is hyphenated, last name Deroy. I have lived two years now at the Buckner Woods, Alaskan, but, passed through Alaska after 26 years through Pocono Mountains to here. First of all, I need to clarify. I'm going, I'm taking a different perspective than the last, my neighbor,very different perspective. And once again, similar to the folks who stood up and talked about the food pantry going up. My card also did not come till July 3rd, I'm going to say. I am going to ask for a little bit more than three minutes. The primarily reason is that,Jordan Moore,who is the association's board president,is at work currently because he works for Operation Smile, and he probably will speak afterwards. I'm not sure, but I feel like I'm need to represent him also because this just this past last Sunday, I went to his home and for the very first time he showed me that architectural design. I did attend the last November, the Virginia Beach Community Development Corporation that was held here. I met with Jessica,who at that time was the president. I know we have a new president now who I did not know. I will tell you to clarify,I'm a little bit annoyed. Alright? I'm going to be honest because in the beginning when this whole started up, there was very good teamwork, communication and so forth. But Jordan told me the first time he heard of all of these changes,which are drastic changes that were, was from originally planned was July 3rd. Not only that, but the City Council of District 10, our City Council person,Ross, if I'm pronouncing her name and correctly, I apologize,only found out recently herself. So to hear the, new president and representatives of the, Virginia Beach Community Development Corporation, no,to clarify, no, the communication has been very poor since November, very poor indeed, and originally this was supposed to be a one building. It was designed for lower middle class families income to be more affordable housing, and yes,NAMI was included. This is true. Ms. Cuellar: Ma'am. Pardon me for just one moment. You had made reference to Mr. Moore, who's part of the HOA, are you part of the HOA, are you represent, are you speaking on their behalf today? Ms.Deroy: I am,yes. Ms. Cuellar: Okay. Just for that clarification,because the HOA,does receive 10 minutes,and so I just wanna be fair. I'm trying and be consistent, you still have a few more minutes, but I just wanted to clarify that before we move forward. Lemme see if you're speaking for the HOA. We just wanna make sure that we give you the amount of time that you're able. Ms.Deroy: I do have a tendency to be a little bit wordy. I apologize. I'll try to be more succinct. So I am going to, I am going to share a little bit personal. I am an individual with PTSD, anxiety and depression. I've worked very hard on recovery,victim of domestic violence,but forget about that. I also am the caregiver of a 41-year-old down syndrome daughter living in assisted living facility in Anchorage, Alaska. Still, who is not only Downs, but because those people are very independent, very incredible smart folks. She's autistic, nonverbal. in addition to being intellectually disabled, I'm also responsible for my younger sister with schizophrenia, severe schizophrenia, very difficult life in New York State, living in assisted living facility. So I am not opposed to NAMI, I would like to see them change the name for mental illness, because that is a stigmatizing title to give folks. But I know NAMI's been around a very,very long time. So is the ARC Association for retarded citizens? Because we don't use the word retarded either. So in regards to that, I'm not opposed to, having buildings to serve that population, target population. Okay. So I'm going to try to speed this up a bit. I'm my understanding it was the City of Virginia Beach who was funding this project. If I got that wrong, please let me know, because the first thing I actually did some research. I've put a package together, if y'all would like to have, I have three of them put together. The first thing that is going to significantly affect the building of this to begin with is due to The Big Beautiful Bill,that went into law on July 4t',as you know,because there's going to be huge funding cuts, especially for folks on Medicaid, some Medicare too, I believe. $1 trillion,as you might know,for the whole United States. This is going to affect every state. Maybe not Alaska right now. We won't go into that. However, you're going to, you are going to have to find the City of Virginia and the whole state is going to have to find another means to fill in this gap of funding. This is a huge amount of money to be lost, and money usually hits home for people because without the money, you can't do anything. Okay. So I'll just leave that alone and, continue. It's not just Medicaid, but it's the food also for the children and so forth. I don't know the whole demographics either of the individuals who are connected with NAMI, but I did research into this,and I am concerned about this architectural design with a little tiny trim of little trees. First of all, maybe Jordan will speak, he requested months ago the fence to be eight feet tall,not six feet,and maybe he will address that. But to get back to the trees, I have a different view of this. It's not just beauty preservation,but,and I have an article study research from Harvard and NAMI that will tell you that the study of trees is very beneficial to improving one's mental health, reducing one's stress level, lowering blood pressure, combating extreme heat. And is it particularly beneficial to children with attention deficit hyperactivity disorder as it helps them focus more. In addition, research demonstrates that trees are linked with a lower mortality rate and reduce crime and gun violence. So I, cannot say that I believe many people in my community and would not be satisfied as the Commissioner address that little tiny line of trees. These are very old trees,hundreds of years old. Some of those tall pine trees. I'm not from here, so I don't know your trees, I'm sorry. But could be thousands of years old. My personal request is that within 15 feet of our little white fence border that separates these two properties, that those trees remain standing and are not to be cut down. This I feel very passionate about,but, I will leave it at that if that's, if you have any questions for me. Ms. Cuellar: Sure. Well,thank you so much. Thank you for sharing all that with us. Ms.Deroy: The pamphlets of the research. I'm not a university student anymore,but if you would like to review some of these research evidence based research. Ms. Cuellar: Well,thank you. If there's anything that you would like to leave with the clerk,we welcome for the opportunity to review that, and, Commissioners, do you have any which individual? Okay. We have a question from Commissioner Cromwell. Mr. Cromwell: You said in the initial plans that you first saw it was one building. Ms.Deroy: Yes, sir. Mr. Cromwell: When did you see that? Ms. Deroy: Well,just as last November,that was the way it was. Mr. Cromwell: So from November to now,you've gone from one to four buildings? Ms.Deroy: I can't tell you from the very beginning because I'm a fairly new resident there. I will say it's called Buckner Woods because of the woods,which is true,it's very possible from the very beginning it's sounded like it was one building plan. And yes, more than a year ago, this development community did invite members to discuss the design. But that hasn't been done in a very, very long time. When I saw this on Sunday, it was like my jaw dropped like four buildings. Where'd that come from? Ms. Cuellar: Thank you very much. Thank you for coming out today. I don't see any further questions. Thank you. Thank so much. Ms.Deroy: The bottom line is I think it needs to be postponed a little bit to be talked about further, to compromise between the two properties. Ms. Cuellar: Thank you so much. Madam Clerk, do we have any other speakers? Clerk: We do not have any other speakers at this time. Ms. Cuellar: Mr. Davis,you're welcome to come back. Mr.Davis: Thank you. First,we,appreciate the shared comments. This is an open dialogue. We are going to be neighbors and we're going to be good neighbors, and we're going to continue that, and, the members of the VBCDC staff as well as we have someone from NAMI here today can answer questions, but as the application indicates, these are rental properties, they are affordable housing properties. This will be something that all applicants will have to meet those criteria,will be screened. and this is not, you know, an institutional facility. There are a specific number of units that are dedicated to serve people with mental health diagnosis, and that's actually the word we use. We don't say mental illness. And, you know, the reality of this folks is, this is a deal whether we're building a specific project or something,this is what we're dealing with. This is one in four people,whether they're diagnosed or not,have mental health concerns and issues. So these, this is a much needed project on both these levels from affordable housing as well as for folks with a mental illness. Now to the history of the plans, actually the plan that showed one building and five stories was actually something that was generated in collaboration with the city between VBCDC and the City. That was never,once we went to our engineers,the plan that was presented to the neighborhood in November of 2024, as you can see, had a single building on the back, as I mentioned earlier. We also reduced it from the five story to multiple buildings, town homes, honestly, to try to blend in at the citizen's request with something. So this didn't stick out as something different than what is already there. We do have a good bit of community,and all these things that we've done have been in response to input from citizens communities and trying to have a viable, and successful project. And to the extent that that there hasn't been communication, I think that's probably largely due to the fact that we're trying to do the right thing. When we respond to a citizen concern, we think that the response to it will be apparent and that we've lowered the buildings, we've blended in and we've moved a number of the units away, and we're now committed to moving the, main building, the middle building, even, even further away. We do have broad,community support that's in the package here,including the folks that,own and operate the hotel in the, in the land that was,under construction there that you see on that at the time. We just think that this is a, a pressing need. It's a pressing time and, and this is the right place. The city and VBCDC, which is I think you all know, was set up by the city. Board is appointed, by City Council. I think you're all familiar with that process, And, this has been something that the two parties have been working on together. We will continue our dialogue and we'll be over here to answer any questions afterwards. We look forward to a design charette with them to really reveal the next iteration of the plans at the end of July. Ms. Cuellar: Thank you very much,Mr. Davis. Are there any questions from Commissioners?I have Commissioner Mauch, and then Commissioner Camp. Mr. Mauch: Thank you guys for coming in today. I think maybe this is a good opportunity for y'all to tell maybe a little bit of your story, what the mission is, who you help, because I think a little bit of some of the fears are the unknown, and maybe I think that would help educate me as well as others that may be watching this or in the audience. Mr.Davis: We have two organizations,but your applicant is VBCDC,and this will be the group that acquires this probably gets the property donated from the city and will develop it, should this move forward. They're partnered with NAMI. You want to hear from both or do you want to, because probably they're better to speak to what the mission NAMI, is both those organizations than I am. Mr.Mauch: Yeah, I would more so love to hear from NAMI to tell their story a little bit. Thank you. Ms.Roski: Welcome. I am Susanna Roski,and I say NAMI, some people say NAMI. Anyways, so I think,you know,what we are battling a lot at the National Alliance on mental illness is stigma, and that's a lot of what we heard today from the one person that was in opposition. There's kind of that idea that someone who lives with a mental illness or a mental health condition is completely psychotic and unable to engage or violent, and that's just not the case. Yes, somebody who's unmedicated might experience or act in such a way like that. But so out of these 60 units, nine of them will be for individuals that live with a mental health condition. But it's not, it's not a hospital, it's not a psychiatric, you know, institution by any means. It's just affordable housing for individuals that for whatever reason are unable to a lot of the times, let's say, I know several individuals who have schizophrenia who are unable to hold down full-time jobs. Now they're wonderful people. They tend to keep to themselves and they're unable to afford by any,you know, a single apartment at the rates. I mean,the affordable housing is a huge problem,and so these nine units will be for individuals who are able to live on their own, but then they're going to be able to attend the support groups or the free classes or the free presentations that will be offering throughout the week. But I think the image of a person with bipolar or schizophrenia that's going to be,you know,jumping over fences and attacking neighbors is extremely unfair and really hurtful to individuals living with a mental health condition. Now, that does not mean there, there are no guarantees in life. I'm sure that my neighbors, I live in a single family home residential neighborhood. I'm sure that they were very surprised when our 19-year-old daughter at the time experienced psychosis for the first time and was definitely acting out in a way that was very surprising to everybody. So there are no guarantees, and we definitely at NAMI cannot guarantee that a situation might arise, but something might arise with the 51 other units, and hopefully I've answered like, or put some,you know, concerns at ease. Mr. Mauch: Thank you. I think one of the, in my opinion,there's two things within our city that doesn't have enough emphasis on one of them being mental health and another being senior housing. I think both of those things are going to have to be addressed in the near future. I think this project is a start, and I hope that we can,we can help to move this forward to City Council. I do think that there needs to be more engagement made with the community, one more of an education piece, so that they understand what's going on and it's not, you know, the fear of the unknown isn't there, you know, as they said one, as you said, one in four people live with mental illness. So even within the multifamily that's behind where this development will be, one in four people,there are also dealing with issues. So the help may be right around the corner from them. So,I would hope that we can all keep an open mind with this as we move forward. it is something that's absolutely needed,within our community. It is in a wonderful spot,but I'll reserve more my comments for a little bit later, so thank you. Ms. Cuellar: Commissioner Camp and then Commissioner Hippen. Mr.Camp: Thank you,Madam Chair.Mr.Davis,in the rebuttal remarks that were just made,by both of you, the term affordable housing was used? And for us, affordable housing is a term of ours, it has a specific meaning. In the staff report, the term attainable housing was used. Could you please clarify which of these is represented by this project? Ms. Roski: So we tend to use the word affordable and attainable interchangeably. The City actually has a new campaign around affordable housing and has switched the verbiage to attainable housing. Housing that's attainable to all based on your personal circumstances. So this project does have a maximum income limit of 80% of the area median income to target housing for our workforce populations at the lower income tier that need,you know, affordable,attainable quality housing. Mr. Camp: Thank you. Will this project be submitting an application to the City's workforce housing program? Ms. Roski: The application will not go through the City's workforce housing program. we will submit an application for funding from the City their home housing opportunity fund,which limits, income limits to 80%or less. Mr. Camp: Okay. Thank you. Appreciate the clarifications. Ms. Cuellar: Thank you. Commissioner Hippen? Ms.Hippen: Thank you to the two ladies that just spoke. You answered the questions that I had, just so you know. Ms. Cuellar: Okay. First of all, are there any more questions for the applicant? Thank you very much. At this time,we'll open the floor for more discussion and entertain a motion. Ms. Byer: I'd like to make a motion to approve the application. I will comment that while community outreach is absolutely always encouraged, it is not required. So when the community gets involved and they make suggestions, sometimes those suggestions are incorporated and sometimes they are not for other reasons,but that is not an absolute requirement. It's just desirable. Do you still have at least another 30 days to make comments?Because this Commission is merely advisory and a vote will happen at City Council. So I encourage the neighbors who are concerned to continue that dialogue and to try to make this application one that works for everyone. I do think it's very important that we advance this project. And as I understand it, they're on a very tight timeline for funding,and I'm very concerned that a delay might actually kill the project,which I think we need. So, I am in favor of approving it and I appreciate everyone's input. Good luck. Ms. Cuellar: Thank you, Commissioner. Is there a second? Ms. Hippen: I would like to second my sister Commissioner's motion. I do agree that we need to have affordable and attainable housing, and I think that this is an ideal project. Thank you for working with the neighbors. That is important. Keep listening. One of my things, if you've ever watched any of these,meetings, is that I wanna know if you've interacted with the community,and I believe you have. Ms. Cuellar: Thank you, Commissioner. Hold on one second. Commissioner Plumlee, I just would like to reinstate the motion. We have the motion on the floor for approval from Commissioner Byler, seconded by Commissioner Hippen. Are there any Commissioners abstaining? And now, is there any discussion? Commissioner Plumlee? Mr.Plumlee: Essentially there were two complaints presented to us. There was the circumstance of there being individuals with the mental illness at this location with some identification of having a mental illness, which is essentially all that's happening here. it's about an affordable place to live, is really the essence of it. Well, no matter the terminology that one, one needs to use. And the second being that the design had evolved over time without sufficient community input. Those seemed to be the sole issues. It was brought up by one person objecting that their parent had believed this was going to be dedicated to TCC for potentially for student housing. I would submit that this is probably going to be a far quieter location,with the plan that's come before us. I would be greatly surprised if there's any interaction of significance on a negative note. In fact,there may be people that are living adjacent to its who may someday have a family member in need of a place like this. So for those reasons, I'll support it. Ms. Cuellar: Thank you. Commissioner. Commissioner Anderson? Mr. Anderson: Yes, I'd like to say that I have been discussing this with a lot of people. I am in favor of the project. We do need this badly, and I have suggested to our chairperson, since we do not have a District 10 representative that I would, thank myself and Commissioner Camp, we are the closest to that location to be the defuncto liaison, and we would like to be involved with, community meetings. We wanna make sure that Mr. Davis make sure that we know everything that's going on and be in involved with from now until City Council. So that's,you know,whatever we can do to help the residents. Ms. Cuellar: Thank you, Commissioner. Commissioner Mauch? Mr. Mauch: I did wanna say that we do have an opportunity here because City Council is on a break for the summer, and so there's an extra-large gap there between, as was stated earlier,we're not the final decision makers. We're just giving recommendations. I do believe that there's sufficient time within that timeframe for the applicants to go out to the community and try and work out, something that's going to be palatable for everybody. They have been amenable to making some changes, that have been stated by some of the Commissioners. and, it'll reflect that hopefully going forward with the proffers, once it gets to City Council, and so that continued dialogue is definitely needed. I think as we are all human, we all make mistakes. We all say things,we do things that are maybe not the most appropriate at the time,and, I think it's just come incumbent upon us to always strive to do better. So, you know, myself included, I think let's always make sure that we're just trying to do better for ourselves and our neighbors. So, thank you. Ms. Cuellar: Commissioner Camp? Mr. Camp: I wanted to thank the applicant for adjusting the issues that were identified when it came to us really just before the site visit that the omission of the shared use path along,Princess Anne seemed to be easily resolved. Moving a building five feet to my surprise was easily resolved. Moving dumpsters was easily resolved and I'm glad that that's what happened. That coming in with a lot of exceptions makes it harder, and if they can be easily resolved, well great. It goes forward as a cleaner, better application for everyone. So thank you for that. While I appreciate, Commissioner Anderson's offer of my services, and he's right, it's there, I am your neighbor, but I'm no substitute for the City Council member,and in the absence of a Planning Commissioner for District 10, 1 would certainly recommend to all the constituents and the various parties who are stakeholders in this project at this point, with us about to make a recommendation. It passes into City Council Sands, and although they may be on hiatus for their meeting schedule,they're not on hiatus for their engagement with the community. I think is your best individual to keep informed and to guide you through the work with the constituents in her district, but if I can help you, call me. Ms. Cuellar: Okay. Hearing no other discussion. We have a motion on the floor and staff will now call the vote. Clerk: The vote is open. Our recorded vote of 10 to 0 item 15, Virginia Beach Community Development Corporation, 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 Proffers Proffer 1 When the Property is developed,the site design shall be substantially in accordance with the Plan titled "NAMI MULTI-FAMILY, VIRGINIA BEACH, VIRGINIA — CONCEPT LAYOUT" dated May 28, 2025, prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the "Site Plan"). Proffer When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "VBCDC NAMI APARTMENT PROPOSAL — VIRGINIA BEACH, VIRIGINA", dated June 16, 2025, prepared by Arnold Design Studio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (hereinafter the "Building Renderings"). Proffer When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "NAMI MULTI-FAMILY—VIRGINIA BEACH, VA — CONCEPTUAL LANDSCAPE PLAN" dated June 13, 2025, prepared by Timmons Group, shall be submitted for review and approval, and a copy to be kept on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 4 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. Proffer In lieu of the 15-foot rear yard setback required in the B4 zoning classification pursuant to Section 903(b) of the Zoning Ordinance, a 10-foot rear yard setback will be permitted to allow the improvements as shown on the Site Plan. Proffer 6 Prior to site plan release, a public utility easement along and contiguous with the length of the Princess Anne Road right-of-way up to the proposed building line, located 25' from the 24" water transmission main, shall be dedicated to the City of Virginia Beach encompassing the existing water main. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. Proffer 7 Prior to site plan release, public utility easement,for public gravity sanitary sewer measuring 30' wide and to be located along and contiguous with the Community College Place right-of-way from the eastern property line adjacent to 1700 E. College Crescent (GPIN 1485-54-2273), to a point 20' west of public manhole 555-0086-M, shall be dedicated to the City of Virginia Beach. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. -"w "r A 'A" 'M" 0"' NIL` I e N e V • E • S • T • M • E • N • T • S 1300 Diamond Springs Road, Suite 204 Virginia Beach,VA 23455 (757) 363-9671 0 fax(757) 363-9262 harmonyinvestmentsinc.com December 10, 2024 Ashley Jarvis Director of Development and Administrative Services Virginia Beach CDC 2400 Potters Road Virginia Beach, VA 23454 Dear Ashley, Harmony Hospitality is the owner and serves as the management company for the Home2 Suites by Hilton Hotel, located directly across Community College Place from the proposed development by Virginia Beach Community Development Corporation. It appears that the project will help to fill a real need forworkforce housing as well as supportive housing for households with disabilities.Therefore,our company supports this rezoning and development. q y, Page S.Johnson, II President Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 December 9, 2024 RE: VBCDC NAMI Attainable Housing Project&Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Yvonne Habre and I am a resident of District 10 in Virginia Beach. Our district and our City as a whole needs more affordable housing. We should prioritize a community where residents can thrive and housing affordability is a major factor impacting a households financial health. In reading the Housing Study released by the City last year, it was no surprise to see that one in three households are housing cost burdened. in District 10, we have market rate rental housing that is not affordable to many professionals and retirees/seniors. I urge you to support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAM/Attainable Housing project. This project will bring affordable rental housing to our district as well as community services from NAMI. We need this housing in our district to support our workforce and retirees. In addition, the permanent supportive housing component is critical to ensuring our city has adequate housing options for persons with a mental health diagnosis. District 10 is a wonderful area of Virginia Beach,full of employment opportunities, great schools, shopping, and transit. What we lack is affordable housing. Thank you in advance for your support of affordable housing and the economic impacts on our district and city as a whole. Sincerely, V e Habre 3392 Topaz Lane Virginia Beach, VA 23456 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 December 9, 2024 RE: VBCDC NAMI Attainable Housing Project& Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Ann Putnam and I am a resident of District 10 in Virginia Beach. 1 love living in this region, and everyday I'm amazed at how much growth we're experiencing, but I'm very concerned about the supply of affordable housing available for my neighbors and 1. Thousands of individuals are flocking to our communities for employment opportunities, aging seniors are in desperate need of housing that fits within their limited budgets, and everyday hard-working people are struggling to keep their heads above the waters of rising rent. Although many work in Virginia Beach, many live outside our city. There is an opportunity to strengthen our local economy by creating a community our workforce can live and work in. I have read that the current City Council understands the need for more affordable housing throughout our City and I commend you for championing affordable housing. Now it is time to act on that sentiment and support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMI Attainable Housing project. This project will bring affordable rental housing to our district as well as community services from NAMI. We need this housing in our district to support our workforce and retirees. Our community has so much to offer, and safe, affordable housing located near transit should be considered a right, and not a luxury. I urge you to keep housing policy as a priority for our City by working with your colleagues to allocate the appropriate resources and land for housing development. Thank you in advance for your dedication to this matter, and I look forward to a more equitable, inclusive district for years to come. Sincerely, 61�� 81w—,-wl-) Ann Putnam 3342 Mackenzie Bay Lane Virginia Beach, VA 23453 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 RE., VBCDC NAM!Attainable Housing Project&Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Ashley and I used to be a resident of District 6 in Virginia Beach. While I still work in Virginia Beach, I recently purchased a home in Suffolk, Virginia. I grew up in Virginia Beach and love the City, but housing prices in both the rental and homeownership market contributed to the decision to move to another locality. In meeting my new neighbors, of the 8 homes in my cul de sac alone, all 8 households commute to Virginia Beach for work but reside in Suffolk. That is 8 families consisting of military, teachers, non-profit professionals, and project managers who purchased homes in Suffolk due to the costs in Virginia Beach. This speaks to the very essence of the need for more affordable rental and homeownership options in Virginia Beach. We cannot continue to lose our workforce to other cities due to our housing costs. To attract and retain a strong workforce in Virginia Beach, we must address housing affordability. The sale of the excess city property to VBCDCfor the proposed project is critical to bringing more affordable rental options to our city and particularly a district that is attractive to our workforce. District 10 offers many employment options, education centers, retail, medical care, dining options, and recreation. What the district needs is more affordable housing to support the district's workforce. We al/benefit when our employees can live, work and play in the same City. I urge you to support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMI Attainable Housing project. In addition, the permanent supportive housing component is critical to ensuring our city has adequate housing options for persons with a mental health diagnosis. Thank you in advance for your support of affordable housing and the economic impacts on our city. Sincerely, mvll_� Ashley tif Judeo-Christian esf. I996 Outreach Center December 91h, 2024 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach,VA 23456 RE: VBCDC NAMI Attainable Housing Project&Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Todd Walker and I am the CEO of Judeo-Christian Outreach Center in Virginia Beach. I am writing to urge your support for the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMI Attainable Housing project.This project will bring affordable rental housing to District 10 as well as community services from NAMI. We need this housing to support our workforce and citizens. As you know affordable housing is a crisis in our community and a critical need to promote housing stability,decrease homelessness, and create a community our workforce and retirees can live in. Our community has so much to offer,and safe, affordable housing located near transit, retail, medical, and education centers should be considered a right, and not a luxury. We continuously see families doubled up and citizens leaving Virginia Beach because there is not enough affordable housing stock to meet the local demand. Both the 2022 HB854 Statewide Housing Study and the Virginia Beach Housing Study Update released in March 2024 note the critical need to increase affordable rental housing and an increase in permanent supportive housing production to meet the housing demand. From a fellow housing provider perspective, additional affordable rental housing and permanent supportive housing allows for movement in our housing systems. From a local employer standpoint, more affordable housing in Virginia Beach makes our businesses more attractive to potential employees, allowing our city to benefit from attracting talent to an equitable,vibrant city. This is a clear opportunity to strengthen our local housing continuum by adding more affordable housing and creating a community our workforce can live and work in.The permanent supportive housing component in this project is critical to ensuring citizens of all income levels and needs are met with attainable housing options. Please take action and support this project as it will benefit our community and citizens. I urge you to keep housing policy as a priority for our City by working with your colleagues to allocate the appropriate resources and land for housing development and services.Thank you in advance for your dedication to this matter, and I look forward to a City that acts on the need to change the housing landscape to meet the needs of our citizens. Sirjcerely, Todd Walker, —' Executive Director 762 Independence Blvd,Suite 100 C Virginia Beach,VA 2345S Office:(757)491-2846 1 Fax:(7S7)425-2607 1 jcoc@jcoc.org I jcoc.org Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 RE: VBCDC NAMI Attainable Housing Project& Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Angela Whitehead, and I am the President and CEO of Seniors Unlimited Lifestyles Inc., in Virginia Beach. SULI provides housing and support services to seniors in Hampton Roads. We currently operate Tranquility at the Lakes in the Bayside area of Virginia Beach which houses 32 low-income seniors and are developing Tranquility at the Lakes II,a 38 unit project to serve low income seniors in partnership with VBCDC. Both of these projects are located in District 4 . 1 am writing to urge your support for the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMI Attainable Housing project. This project will bring affordable rental housing to District 10 as well as community services from NAMI. We need this housing to support our workforce and seniors. SULI has a waiting list of over 140 low-income seniors in search of affordable housing in Virginia Beach.As our population ages and rents rise,the need is growing faster than we can develop housing. It is critical we act now to ensure our seniors have adequate housing options throughout Virginia Beach.Many retirees have fixed incomes and need affordable housing options.The City of Virginia Beach 2024 Housing Study Update found that 40%of seniors are cost burdened, paying well over 30%and in most cases over 50%of their income towards rent. For seniors who own a home,rising property taxes, insurance costs, and maintenance are straining their budgets, which increases the need for affordable rental units as they transition from homeownership. We must act now to ensure we have a community that offers age-friendly housing options all throughout Virginia Beach. I commend this City Council for championing affordable housing policy and urge you to continue allocating appropriate resources and land for housing development and services. Thank you in advance for your dedication to this matter, and I look forward to a city that acts on the need to change the housing landscape to meet the needs of our citizens of all ages and incomes. Sincerely, Bela Whifehed Angela hit_head(Dec 10,202413:44 EST( Angela Whitehead President&CEO CC: Ashley Jarvis,VBCDC 453 . corn Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 January 6, 2025 RE: VBCDC NAM/Attainable Housing Project&Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Andrew Frazier and I am a resident of District 10 in Virginia Beach. Our district and our City as a whole needs more affordable housing. Housing affordability is a major issue in our City and needs addressed. If we want to retain a solid workforce and a community that is inclusive of all incomes, we must adopt housing policies impacting affordability. When searching for our home, my fiancee and I were lucky enough to find a loan assumption that had an affordable interest rate as we couldn't find a rental opportunity for our large family and pets. We would have greatly benefited from a first time homebuyers program similar to what other cities offer. I urge you to support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMi Attainable Housing project. This project will bring affordable rental housing to our district as well as community services from NAMI. We need both rental and homeownership options that are affordable for all income levels and not just high-end housing options.As a certified HVAC technician, 1 see many co-workers also struggle to find affordable housing options. This often leads to finding jobs and housing in other Hampton Roads cities and even North Carolina. Virginia Beach is a great place to raise a family. I grew up in Hampton Roads and want to see families stay in our region and not move away. What we lack is affordable housing options. Thank you in advance for your support of affordable housing and the economic impacts on our district and the city as a whole. Sincerely, Andrew Frazier 1220 Lynnhaven Parkway Virginia Beach, VA 23453 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 January 6, 2025 RE: VBCDC NAMI Attainable Housing Project& Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Brandon Truss and I am in the process of moving to District 10 in Virginia Beach. I love living in this region, and everyday I'm amazed at how much growth we're experiencing, but I'm very concerned about the supply of affordable housing available for my neighbors and I. Thousands of individuals are flocking to our communities for employment opportunities, aging seniors are in desperate need of housing that fits within their limited budgets, and everyday hard-working people are struggling to keep their heads above the waters of rising rent.Although many work in Virginia Beach, many live outside our city. If it weren't for the housing VBCDC offers, I would likely live outside of Virginia Beach due to housing costs. Being able to live and work in Virginia Beach provides a more balanced day to day life for my daughter and I. I have read that the current City Council understands the need for more affordable housing throughout our City and I commend you for championing affordable housing. Now it is time to act on that sentiment and support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMI Attainable Housing project. This project will bring affordable rental housing to our district as well as community services from NAMI. We need this housing in our district to support our workforce and retirees. Our community has so much to offer, and safe, affordable housing located near transit should be considered a right, and not a luxury. I urge you to keep housing policy as a priority for our City by working with your colleagues to allocate the appropriate resources and land for housing development. Thank you in advance for your dedication to this matter, and I look forward to a more equitable, inclusive district for years to come. Sincerely, Brandon Truss Whiteburch Lane Virginia Beach, VA 23453 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 January 6, 2025 RE: VBCDC(VAMI Attainable Housing Project& Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Shawna West and I am a resident of District 10 in Virginia Beach. Our district and our City as a whole needs more affordable housing. We should prioritize a community where residents can thrive and housing affordability is a major factor impacting a households financial health. I work in Virginia Beach and am a mother with 3 daughters in Virginia Beach City Public Schools. Finding an affordable unit without having to move school districts has proved challenging and moving away from my support system is not an option. We should not have a city in which our workforce can't afford to live in our city. I was lucky enough to find an affordable rental close to my job in District 10, however I have seen friends and family move to other cities because of housing affordability. 1 urge you to support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAM/Attainable Housing project. This project will bring affordable rental housing to our district as well as community services from NAMI. We need this housing in our district to support our workforce. In addition, the permanent supportive housing component is critical to ensuring our city has adequate housing options for persons with a mental health diagnosis. District 10 is a wonderful area of Virginia Beach,full of employment opportunities, great schools, shopping, and transit. What we lack is affordable housing. Thank you in advance for your support of affordable housing and the economic impacts on our district and the city as a whole. Sincerely, Shawna West 1221 Lynnhaven Parkway Virginia Beach, VA 23453 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 January 6, 2025 RE: VBCDC NAMI Attainable Housing Project&Sale of Excess City Property Dear Members of the Virginia Beach City Council, My name is Courtney Jarvis and I am a resident of District 10 in Virginia Beach. Our district and our City as a whole needs more affordable housing. We should prioritize a community where residents can thrive and housing affordability is a major factor impacting a households financial health. We should not have a city in which our workforce can't afford to live in our city.As a restaurant manager, I see employees struggle to find adequate housing options in Virginia Beach. In addition, as a mother,finding housing near employment opportunities affords more quality family time and less time spent on lengthy commutes. I urge you to support the sale of excess city property at the corner of Princess Anne Road and Community College Place for the VBCDC NAMI Attainable Housing project. This project will bring affordable rental housing to our district as well as community services from NAMI. We need this housing in our district to support our workforce and retirees. In addition, the permanent supportive housing component is critical to ensuring our city has adequate housing options for persons with a mental health diagnosis. District 10 is a wonderful area of Virginia Beach,full of employment opportunities, great schools,shopping, and transit. What we lack is affordable housing. Thank you in advance for your support of affordable housing and the economic impacts on our district and the city as a whole. Sincerely, - C*i CourtneyJarvis 1220 Lynnhaven Parkway Virginia Beach, VA 23453 EMOMMUM ONS CSH January 7, 2025 To: Virginia Beach City Council Members RE: Strong Support for VBCDC Affordable and Supportive Housing Project Dear Council Members, The Corporation for Supportive Housing (CSH) wishes to express our strong support for the Ohana affordable and supportive housing project in development by the Virginia Beach Community Development Corporation (VBCDC). We encourage the City Council to vote to approve the request for the allocation of land necessary to bring this critical housing to the city and its residents. As the national leader of the supportive housing field for over 30 years, CSH engages with local and state partners across the country to support the development of high-quality supportive housing. It is with this expertise that we express our strong support and commitment to supporting VBCDC's efforts to develop 60 units of affordable housing, including 10 units of supportive housing for people with disabilities facing homelessness and housing instability. CSH has had the pleasure to work with VBCDC and their partner, NAMI, when they were selected to participate in our 2023 Supportive Housing Institute of Virginia.This signature program provides training and technical assistance to project teams to develop supportive housing aligned with national standards of quality. VBCDC and NAMI completed this program, developed a strong project concept, and received a grant to support early-stage predevelopment activities. They have continued to pursue this project with the commitment and vision necessary to meet the housing and services needs for low income and disabled households in Virginia Beach. Additionally, research shows that providing high quality affordable housing coupled with supportive services ends the costly cycle through crisis systems and institutional settings such as nursing homes, foster care, hospitals,jails, and shelters. Crisis and institutional settings are expensive and ineffective at providing the necessary support to address long-term housing and health needs. In the absence of supportive housing with services, people continue to cycle through these institutions, often being discharged back to the streets where the cycle repeats indefinitely. Evidence has shown that in the absence of supportive housing,jurisdictions can spend $15,000 or more per person per year to pay for public services like emergency shelters, 0M CSH public safety(e.g. EMS, 911, detox facilities), emergency department visits,jail stays and morel; compared to supportive housing where residents increase their housing stability and reduce reliance on these systems, which creates a cost offset of$6,875 less per person per year'. We look forward —and are committed—to continuing to support VBCDC and NAMI in their pursuit of this high impact project through technical assistance to ensure the project meets national standards to meet the individual and community outcomes we know supportive housing can achieve. Thank you for the opportunity to express our support and the commitment of the City Council to meeting the needs of the City's most vulnerable residents. Sincerely, Thw/ 4."p Jillian Fox Director, Mid-Atlantic 'See Cost and Offsets of Providing Supportive Housing to Break the Homelessness-Jail Cycle. Findings from the Denver Supportive Housing Social Impact Bond Initiative.Available: hitpsL/lw_ww.ur_boo_W-ai# ,gLde-fa-ult/fiteealp-ubticatiQn1f4442/co_-t,"-end- �Ls-of- r�oviding-suonortiye- housing-to-break-the-homelessness-jail-cycle 0 pdf 2See Analyzing the Cost and Offsets of Denver's Supportive Housing Program.Available: https://www urban org/sites/default/files/publication/`104495/anatyzing-the-costs-and-offsets-of-denvers- supnortive-housing-program 2.pdf Michael D. Hayes From: Michael D. Hayes Sent: Tuesday,July 8, 2025 3:06 PM To: Michael D. Hayes Subject: FW: Please support the NAMI Housing Project From: kathleen ashby<sandbrideekay@gmail.com> Sent: Monday,July 7, 2025 1:46 PM To: Michael Anderson<mianders@vbgov.com>;John Cromwell<icromwel@vbgov.com>;Walter Camp <wcamp@vbgov.com>; Kathryn Byler<kbyler@vbgov.com>; Katherine C. Schoonover<kschoono@vbgov.com>; Bryan Plumlee<bplumlee@vbgov.com>;Susan B. Hippen <shippen@vbgov.com>; Michael C. Mauch <mcmauch@vbgov.com>; Holly Cuellar<hcuellar@vbgov.com>;John H. Coston<ihcoston@vbgov.com>; Marchelle L. Coleman <MColeman@vbgov.com> Subject: Please support the NAMI Housing Project CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. The NAMI Housing Project is the result of four years of hard work. We lack affordable housing. It is one of the most frequent questions from callers in our NAMI office. "How can I find housing for my loved one?" As you may or may not know 1 in 4 individuals live with mental health issues. While only 9 units may be dedicated to those living with mental health many more will benefit from NAM[ support. Thank you for supporting this project. Kay Ashby, NAMI Board i Michael D. Hayes To: Michael D. Hayes Subject: FW: Support for VBCDC & NAMI Partnership From: Michael Berlucchi<mberlucc@vbgov.com> Sent:Tuesday,July 8, 2025 1:36:29 PM To: Planning Commissioners<planningcommissioners@vbgov.com> Cc:gwhite@VBCDC.org<gwhite@vbcdc.org>;Ashley Jarvis<ashleyiarvis@vbcdc.org>;Worth Remick <WRemick@vbgov.com>; Kathy M. Warren<KMWarren@vbgov.com>; NAMI Coastal Virginia <contact@namicoastaivirginia.org>;Teresa Stanley<teresastanleyobx@gmail.com>;abdcooke@gmail.com <abdcooke@gmail.com>;.j.eremy@lnf.com<ieremy@lnf.com>; kathleen ashby<sandbridgekay@gmail.com>; esmel.meeks@gmail.com<esmel.meeks@gmail.com>; robb96@gmail.com <robb96@gmail.com>; christopher@757rentaIhomes.com <christopher@757rentaI homes.com>; Matthew Hamaker <matthew.hamaker@gmail.com>; Frank McKinney<famiiia@verizon.net>;dougwilbourne@gmail.com <dougwilbourne@gmail.com>;Gary Sharpe<gary.sharpe.iii@gmail.com>;tsuroskie@gmail.com <tsuroskie@gmail.com>; Parker Biswell<pbiswell@vbgov.com> Subject: Support for VBCDC& NAMI Partnership Dear Members of the Virginia Beach Planning Commission, I write in strong support of the Virginia Beach Community Development Corporation's rezoning application for its joint project with NAMI Coastal Virginia. Years in development, this initiative offers a thoughtful and urgently needed response to two of our city's most pressing challenges: the mental health crisis and the shortage of affordable housing. Located near the intersection of Princess Anne Road and Community College Place, the proposed development will create 60 affordable housing units, including an industry-informed, best-practice ratio of units specifically designated for individuals living with mental health conditions. It will also include classroom, office, and outreach space to establish NAMI Coastal Virginia's new regional headquarters—marking a complete transformation and strategic realignment of its presence in our city and region, and dramatically expanding access to free mental health services and support for residents across Virginia Beach and beyond. I serve as one of two City Council liaisons to the Virginia Beach Community Development Corporation, alongside Council Member Worth Remick. I am also a former member of the VBCDC Board and a longtime supporter and member of NAMI Coastal Virginia. I am well-acquainted with the details of this partnership and its history. This is not only a housing development—it is a supportive housing model grounded in national best practices. Supportive housing provides independent living options in regular community settings, often with access to services, rather than isolating individuals in segregated or institutional environments. It integrates people with mental health conditions into the broader community and promotes recovery, independence, and full participation in community life. This project exemplifies the power of partnership, compassion, and the strategic use of publicly owned land. It has earned the support of City Council and directly advances our shared goals: 1 housing attainability, public health, and integrated, people-focused development. City Council unanimously adopted an ordinance that will transfer ownership and control of this property to VBCDC specifically for this use—demonstrating City Council's full commitment to the success of this project. Its location—near transit, retail, employment opportunities, and medical facilities—makes it especially well-suited to meet the needs of the residents it intends to serve. As you will hear from the applicant and their representatives, meaningful community engagement has taken place throughout this process. City Council has emphasized the importance of keeping neighbors informed and involved from the beginning. In this case, I believe—and know—that has occurred and will continue as the project moves forward. Ongoing communication builds trust, and the outreach surrounding this effort reflects that commitment. A delay or deferral at this stage would jeopardize the project's timeline and its ability to secure essential financing—especially with critical funding deadlines rapidly approaching and key procedural steps that cannot proceed without rezoning approval. I urge the Planning Commission to act without delay to keep this transformative project on track. Thank you for your time, your service, and your careful consideration. Sincerely, Michael F. Berlucchi Council Member District 3 757-407-5105 www.VirginiaBeach.gov r�G�A�YY 2 Michael D. Hayes From: Michael D. Hayes Sent: Tuesday,July 8, 2025 3:04 PM To: Michael D. Hayes Subject: FW: NAMI Project Proceedings Dear Council Member Rouse and Members of the Planning Commission, am writing on behalf of the Buckner Woods community to express our growing concern and frustration with the way the NAMI project has progressed to date. Despite the project's significant implications for our neighborhood, our community has not been afforded an adequate platform to voice our concerns or engage meaningfully in the planning process. The recent changes to the site plan—most notably,the reduction of the setback from 15 feet to 10 feet and the proposed positioning of several multi-story buildings and a three-story building in close proximity to our homes—have only amplified these concerns.These changes directly affect our privacy, property value, and quality of life,yet they have proceeded with minimal input from those most impacted. We respectfully, but urgently, request a delay in the Planning Commission's proceedings on this project. Our community deserves a fair opportunity to engage with all stakeholders and to collaboratively explore solutions that respect both the mission of the NAMI project and the rights of existing residents. To that end,we extend an open invitation to you, other members of the City Councit, and representatives of the VBCDC to visit Buckner Woods.An in-person visit will provide critical context for understanding our concerns and the very real effects this project will have on our daily lives. We appreciate your attention and your continued commitment to public service. Please let us know your availability for a site visit so we may coordinate accordingly. Sincerely, Jordan Moore President, Buckner Woods Owners Association 757-708-2423 i Michael D. Hayes From: Diane Lynch <diane-lynch@cox.net> Sent: Sunday,July 6, 2025 1:48 PM To: Alexis N. McDonald;Jennifer V. Rouse; Kristin A. Bauer, Marchelle L.Coleman;John H.Coston; Holly Cuellar, Bryan Plumlee; George Alcaraz; Kathryn Byler, Michael Anderson;John Cromwell;Walter Camp; Michael D. Hayes Cc: jordan_a_moore@icloud.com Subject: NAMI Project Proceedings and Community Concerns F AUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you cognize the sender and know the content is safe. Dear Councilmember Rouse and Members of the Planning Commission, I'm reaching out as a resident of the Buckner Woods community to share my deep concern—and growing frustration—regarding the way the NAMI project has progressed. We are also deeply concerned about the environmental impact of this project. The current plan requires the removal of a small but significant forested area adjacent to our neighborhood. This stand of trees is more than just green space—it serves as an important ecological buffer and a natural sound barrier. Its removal will increase ambient noise levels in our community. The trees help soften the constant sound from Princess Anne Road and the amphitheater, and we are already experiencing elevated noise levels that the forest currently helps to mitigate. Adding to our frustration is the timing and communication around the public hearing. Buckner Woods includes residentswho juggle personal and familial responsibilities. For many of us, attending a mid-day hearing is simply not feasible without significant disruption to our lives. We strongly believe that decisions of this scale should be made with—not merely around the communities most affected, that has not happened here. Thank you for your time, attention, and continued commitment to public service. Sincerely, Diane Lynch Resident, Buckner Woods 3 829 Lasalle Drive #110 VA Beach, VA, 23453 i Michael D. Hayes From: Margaret H <mash357@gmail.com> Sent: Monday, July 7, 2025 9:07 AM To: Michael D. Hayes Subject: NAMI Project Proceedings and Community Concerns Dear Councilmember Rouse and Members of the Planning Commission CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I'm reaching out as a resident of the Buckner Woods community to share my deep concern—and growing frustration—regarding the way the NAMI project has progressed. We are also deeply concerned about the environmental impact of this project. The current plan requires the removal of a small but significant forested area adjacent to our neighborhood. This stand of trees is more than just green space—it serves as an important ecological buffer and a natural sound barrier. Its removal will not only but will increase ambient noise levels in our community. The trees help soften the constant sound from Princess Anne Road and the amphitheater, and we are already experiencing elevated noise levels that the forest currently helps to mitigate. Adding to our frustration is the timing and communication around the public hearing. Buckner Woods includes residentswho juggle personal and familial responsibilities. For many of us, attending a mid-day hearing is simply not feasible without significant disruption to our lives. We strongly believe that decisions of this scale should be made with—not merely around the communities most affected, that has not happened here. Thank you for your time, attention, and continued commitment to public service. Sincerely, Margaret Hurst Resident, Buckner Woods 757-535-6529 i Michael D. Hayes From: Jordan Moore <jordan_a_moore@icloud.com> Sent: Monday,July 7, 2025 6:43 PM To: Walter Camp Cc: Jennifer V. Rouse; Kristin A. Bauer; Michael D. Hayes; Shandra Cummings;William Bill Engelking; Loyde Kawalsingh Subject: Re: NAMI Project Proceedings CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commissioner Camp, Thank you very much for your thoughtful and detailed response. I do remember that early Town Hall at Green Run High School, and it's a pleasure to reconnect. truly appreciate the time and attention you've given to this proposed project, especially your on-site visit and your follow-up conversations with both Planning Department staff and Council Member Rouse. It means a great deal to know that you're not only familiar with our community, but that you also bring personal knowledge of the area—through your past work with Operation Smile,your regular visits to the Joint Use Library, and your experiences biking the area. On a personal note, I'd also like to thank you for your work on the Operation Smile building. I currently work for Operation Smile, and it's meaningful to know that you contributed to bringing our headquarters to life.That connection is something I truly value. Regarding the proposed development, I understand the recent site visit took place on the actual project site and not from within the Buckner Woods community.We believe it is critical that both the Planning Commission and City Council visit the site from ourside of the fence to fully appreciate the impact this project—especially in its revised form—will have on our neighborhood. Seeing it from within Buckner Woods will provide much-needed context, particularly now that the revised site plan includes a fourth building where originally there were only three, and the proposed placement of dumpsters along the property line.The developers changes without community engagement, not just from Buckner Woods is concerning. Another important concern is the fence that separates the development site from our community. It is a 6-foot vinyl fence—insufficient as a buffer between this significant development and the Buckner Woods community. Since our founding in 1997,we have worked hard to ensure Buckner Woods remains a safe and cohesive neighborhood for our homeowners.We are a condominium community governed by our own rules and regulations, specifically designed to maintain property standards, protect home values, and provide residents with a sense of stability and pride in where they live. We are also deeply concerned about the potential financial impact this project may impose. Buckner Woods currentlyfunds on-site security to maintain the safety of our community.With the proposed site 1 layout and expected increase in traffic and activity,we anticipate needing to expand these services—at a significant cost—to preserve the same level of safety and diligence our residents expect and deserve. We remain committed to open, constructive dialogue as this project moves forward and hope that the applicant and the City will take these concerns seriously and work collaboratively with our community. Your continued engagement and advocacy are sincerely appreciated. Warm regards, Jordan Moore 7� s _ A NANi MULTISANIL ttGiVu p,EA"n rA N� Let me know if you'd like help formatting this for a printed letter or adapting it for distribution to other city officials or community members. On Jul 3, 2025, at 8:51 PM,Walter Camp <wcamp@vbgov.com>wrote: Dear Mr. Moore, Thank you for your timely message below. I'm sure you don't remember, but you and I met and spoke atone of Council Member Rouse's early Town Halls, held at Green Run HS. I live nearby-across the imaginary line in District 1 - but right off Princess Anne just north of Ferrell Parkway. I am familiar with your community,the whole TCC/health care campus, and the site of the proposed project. I spent two years working on construction of the Operation Smile building around the corner about 15 years ago, I go to the Joint Use Library often, and I bicycle throughout the area - allowing me to see things very differently than from a car. I've done a first reading of the Staff's Report, and this morning I was on the proposed site as part of the Planning Department's tour ahead of next week's hearing. I'd previously spoken to Council Member Rouse about the project because the District 10 Planning Commission seat is vacant, and we spoke again today after I saw the site in-person this morning. 2 I clearly understand your concerns with meaningful engagement, especially as the applicant's plans have changed along the property line bordering existing Buckner Woods residences. This morning I asked the staff when the community was last engaged on the project, I expressed concern about the applicant's request for an exception to the 15-foot setback requirement, and I asked why the shared use path called for in City plans along Princess Anne Road was not included in the project. The Planning Department staff member assigned to the project was on vacation today, but our questions were noted. am hopeful that constructive conversations will take place, and please know that I appreciate your message below. Respectfully, Walter Walter T. Camp Virginia Beach Planning Commissioner District 1 -Kempsville wcampCcbvbgov.com From:Jordan Moore<jordan a moore@icloud.com> Sent:Thursday,July 3, 2025 7:33 PM To:Jennifer V. Rouse<JVRouse@vbgov.com>; Kristin A. Bauer<KBauer@vbgov.com>; Marchelle L. Coleman<MColeman@vbgov.com>;John H. Coston <jhcoston@vbgov.com>; Holly Cuellar <hcuellar@vbgov.com>;Susan B. Hippen<shippen@vbgov.com>; Bryan Plumlee <bplumlee@vbgov.com>; George Alcaraz<geoalcaraz@vbgov.com>; Kathryn Byler <kbvler@vbgov.com>; Michael Anderson<mianders@vbgov.com>;John Cromwell <jcromwel@vbgov.com>;Walter Camp<wcamp@vbgov.com>;Alexis N. McDonald <anmcdona@vbgov.com> Cc: Shandra Cummings<slc927@gmail.com>; Loyde Kawalsingh<loyd.kawalsingh@outlook.com>; William Bill Engelking<engelkingwilliaml@gmail.com> Subject: NAMI Project Proceedings CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Member Rouse and Members of the Planning Commission, I am writing on behalf of the Buckner Woods community to express our growing concern and frustration with the way the NAMI project has progressed to date. Despite the project's significant implications for our neighborhood, our community has not been afforded an adequate platform to voice our concerns or engage meaningfully in the planning process. The recent changes to the site plan— most notably,the reduction of the setback from 15 feet to 10 feet and the proposed positioning of several multi-story buildings and a three-story building in close proximity to our homes—have only amplified these concerns. These changes directly affect our privacy, property value, and quality of life, yet they have proceeded with minimal input from those most impacted. We respectfully, but urgently, request a delay in the Planning Commission's proceedings on this project. Our community deserves a fair opportunity to engage with all stakeholders and to collaboratively explore solutions that respect both the mission of the NAMI project and the rights of existing residents. To that end,we extend an open invitation to you, other members of the City Council, and representatives of the VBCDC to visit Buckner Woods.An in-person visit will provide critical context for understanding our concerns and the very real effects this project will have on our daily lives. We appreciate your attention and your continued commitment to public service. Please let us know your availability for a site visit so we may coordinate accordingly. 3 Sincerely, Jordan Moore President, Buckner Woods Owners Association 757-708-2423 4 Subject:NAMI Project Proceedings and Community Concerns Dear Councilmember Rouse and Members of the Planning Commission, I'm reaching out as a resident of the Buckner Woods community to share my deep concern—and growing frustration—regarding the way the NAMI project has progressed. Many of us in the community feel that we have not been given a meaningful opportunity to voice our concerns or engage with decision-makers in a way that reflects the magnitude of this project's impact on our lives. Recent changes to the site plan particularly the reduction of the landscape buffer from 15 feet to 10 feet from our property line due to the required setback. A request for any deviation to maintain an appropriate distance required under code should not be granted at our expense and further demonstrates why this site is not suitable for this project and further intensifies ... placement of multiple, multi-story buildings near our homes—have only intensified those concerns. These are not minor adjustments;they raise serious questions about privacy, safety, and long-term neighborhood stability. Buckner Woods is not an apartment complex as referenced in the City's staff report which suggests this project offers similar housing. We are homeowners with real property values at risk. We are not transients, or low- income renters. We are also deeply concerned about the environmental impact of this project. The current plan requires the removal of a small but significant forested area adjacent to our neighborhood. This stand of trees is more than just green space—it serves as an important ecological buffer and a natural sound barrier. Its removal will not only but will increase ambient noise levels in our community. The trees help soften the constant sound from Princess Anne Road and the amphitheater, and we are already experiencing elevated noise levels that the forest currently helps to mitigate. Adding to our frustration is the timing and communication around the public hearing. Buckner Woods includes residents who juggle personal and familial responsibilities. For many of us, attending a mid-day hearing is simply not feasible without significant disruption to our lives. We strongly believe that decisions of this scale should be made with—not merely around—the communities most affected,that has not happened here. Thank you for your time, attention, and continued commitment to public service. Sincerely, Angelica Ocampo Resident, Buckner Wood 757.334.8490 THIS DOCUMENT PREPARED BY DAVIS COMMERCIAL LAW GROUP,LLC 1209 LASKIN ROAD,VIRGINIA BEACH,VA 23451 STEPHEN R.DAVIS,ESQ(VSBk27519) AGREEMENT THIS AGREEMENT is made this _ day of , 202 , by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantor" and "Grantee") and VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION, a Virginia corporation(also a"Grantor"or"VBCDC"). WITNESSETH: WHEREAS, the Grantee is the current owner of an approximately 3.18+/- acre parcel of real property, at the northwest intersection of Princess Anne Road and Community College Place which is identified in the land records of the City of Virginia Beach as GPIN 1485-34-6667, and described on Exhibit A attached hereto and incorporated herein by this reference, said property hereinafter referred to as the"Property"; and WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Properties from B-2 Community Business District to Conditional B- 4 Mixed Use; and WHEREAS, the Grantee intends that the Property will ultimately be conveyed to VBCDC and VBCDC joins this Agreement for the sole purpose of evidencing its agreement to the terms and conditions proffered;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN: 1485-34-6667 NOW THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property, and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or tlu-ough the Grantor, its successors,personal representatives,assigns,grantees,and other successors in interest or title; 1. When the Property is developed, the site design shall be substantially in accordance with the Landscape Plan titled " NAMI MULTI-FAMILY — VIRGINIA BEACH, VA — CONCEPTUAL LANDSCAPE PLAN" dated August 5, 2025, prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein (Hereinafter the "Site Plan"). 2. When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "VBCDC NAMI APARTMENT PROPOSAL — VIRGINIA BEACH, VIRIGINA", dated June 13, 2025, prepared by Arnold Design Studio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and incorporated herein(hereinafter the 'Building Renderings"). 3. When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled"NAMI MULTI-FAMILY— VIRGINIA BEACH, VA — CONCEPTUAL LANDSCAPE PLAN" dated August 5, 2025, prepared by Timmons Group, shall be submitted for review and approval, and a copy to be kept on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 4. 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. 5. In lieu of the 15-foot rear yard setback required in the B4 zoning classification pursuant to Section 903(b) of the Zoning Ordinance, a 10-foot rear yard setback will be permitted to allow the improvements as shown on the Site Plan. 6. Prior to site plan release, a public utility easement along and contiguous with the length of the Princess Anne Road right-of-way up to the proposed building line, located 25' from the 24" water transmission main, shall be dedicated to the City of Virginia Beach encompassing the existing water main. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities 2 and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. 7. Prior to site plan release, public utility easement, for public gravity sanitary sewer measuring 30' wide and to be located along and contiguous with the Cornmunity College Place right-of-way from the eastern property line adjacent to 1700 E. College Crescent (GPIN 1485-54-2273), to a point 20' west of public manhole 555-0086-M, shall be dedicated to the City of Virginia Beach. The final location, dimensions, and terms of the easement shall be subject to the review and approval of the Department of Public Utilities and the City Attorney's Office. Said easement shall include the right of reasonable ingress and egress for maintenance, repair, and related activities. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors.shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" tinder this Agreement. Grantor VBCDC joins this Agreement as a potential contract purchaser solely for the purpose of evidencing its agreement with the terms and conditions herein proffered. [Remainder of page intentionally left blank. Signcrhrre pages to follow] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR and GRANTEE: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: //I Name: P'A1a%C<-- is . L)XAA Title: R- A S . APPROVED AS TO LEGAL SUFFICIENCY: CILytILArk COMMONWEALTH OF VIRGINIA City Attorney CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2 V day of r i t , 20�,by VCtWj A . , who is personally known to me or has pro uced as identificati n. NOTARY PUBIJC My Commission Expires: I -'JQ -ZO)L My Registration Number: Zit jL4616`7 Lauren Elizabeth Hopkins NOTARY PUBLIC Commonwealth of Virginia COMMONWEALTH OF VIRGINIA Reg. It 7914587 CITY OF VIRGINIA BEACH, to-wit: My Commission Expires November 30,2.02 The foregoin instrument was acknowledged before me this I)-day of 20 25,by unckc ' o r7u.5 , who is personally known to me or has produced as identification. dial NMA��_ NOTARY PUBLI My Commission Expires: 1 �- bQ- ?..O;ZS My Registration Number: G( I L45BI Lauren Elizabeth Hopkins NOTARY PUBLIC Commonwealth of Virginia Reg.0 7914587 ?,4y Commission Expires November 30,2.r1 4 GRANTOR: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION, a Virginia corporation By. Name: ,�at�v�i2t ('r�iv Title: C "_ l� f th+- Rnnrt� COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this jf day of ,2Q _, by_j), asjMj,_jjvQhe,PWirginia Beach Community Dev lopment Corporation, Nvho is personally known to me or has produced dx/s/er e f r25 a as identification. J NOTARY PUBLIC My Commission Expires: 3 13i l-?''1 My Registration Number: 00,Z�0 X l-/Gg P U 1 �� TARY'%. A IC . 1100280876 ; kly)mMI5�.S.),N; !RE b. 5 EXHIBIT A Legal Description GPIN NUMBER 1485-34-6667: ALL THAT certain lot,piece or parcel of land, as shown on plat of survey of property for Mattie S. Fentress, Princess Anne County, Virginia, dated December 19, 1961, Frank D. Tarrall, Jr. & Associates, Surveyors and Engineers", designated thereon as 10.091 Acres, fronting on the north side of State Highway No. 165, seven hundred eighty three and ninety-four one hundredths (783.94) feet; said plat attached to that certain deed from Mattie s. Fentress, et vir, dated August 3, 1962, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 742, at page 474 and in Map Book 56, at page 36; reference to which plat is hereby made for a more particular description of said property. LESS AND EXCEPT that certain portion conveyed to the City of Virginia Beach by certificate of Take in Deed Book 2985, page 0987 confirmed by order recorded in Deed Book 3660, page 1782. LESS AND EXCEPT that certain portion conveyed to the City of Virginia Beach by instrument recorded in Deed Book 1123,page 640. LESS AND EXCEPT all that property located south of Community College Place. AND BEING FURTHER described as AREA I consisting of 138,933 sq. Ft. or 3.18946 AC. as shown on that certain plat entitled: "PLAT SHOWING THREE PARCELS OF LAND TO BE ACQUIRED FROM M.P.B., INC. by THE CITY OF VIRGINIA BEACH FOR TIDEWATER COMMUNITY COLLEGE EXPANSION, CIP 3-262, VIRGINIA BEACH," dated July 23, 2004, Scale: 1" 100', prepared by Survey Bureau -Engineering Division Department of Public Works - City of Virginia Beach, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 200408170129811 which reference is made for a more particular description. 6 CONCEPT PLANT SCHEDULE VIRGINIA BEACH LANDSCAPE REQUIREMNTS SITE DATA PARKING TREE-SUGGESTED SPECIES PARKING LOT INTERIOR CALCULATIONS TOTALAREA'. 3.189 AC QUERCUS PMELLOS'HIGHTOWER'-WILLOW OAK 305E PLAN7EDAREA PER PARKING SPACE REQUIRED EXISTING ZONING: 82 QUERCUS SHUMARDII-SHUMARK RED OAK PARKING LOT INTERIOR COVERAGE REQUIRED: 3,880 SF ZELKOVA SERRATA'VILLAGE GREEN'-SAWLEAF ZELKOVA PROPOSEOZONING: 84 (30 SF x 122 PARKING SPACES) PARKING LOT INTERIOR COVERAGE PROVIDED: 5,500 SF TOTAL RESIDENTIAL UNITS' 60 UNITS STREET FRONTAGE TREE-SUGGESTED SPECIES : b 1,21E SF OFFICE 4' 4 LIRKODENDRON TULIPIFERA-TULIP POPLAR GREENSPIRE LINDEN PARKING LOT INTERIOR TREE QUANTITY REQUIRED' 24.4 TREES A TILIA CORDATA'GREENSPIRE'- PARKING REQUIRED'. 122 SPACES 4 ,. QUERCUS VIRGINIANA'HIGH RISE'.HIGH RISE LIVE OAK (3.fi60 SF COVERAGE RED/150 SF PLANTED AREA PARKING LOT TREE QUANTITY PROVIDED. 25TREES PARKING PROVIDED. 1225PACES ESITE COVERAGE ALLOWED A I- FLOWERING TREE-SUGGESTED SPECIES I� t� ` LAGERSTROEMIA%'iUSKEGEE-TUSKEGEE CRAPE MYRTLE PARKING LOT STREET FRONTAGE MAX FOR UKGINGS Mro DARNING: 40% 4 PRUNU6 SERRUTAT 10 FT WIDE PLANTING AREA,TREES SPACED EVERY 40 FT A'KWANZAN'-JAPANESE FLOWERING CHERRY SITE COVERAGE PROVIDED FOR �,b d '�11 4 CERCIS CANADENSIS-EASTERN REDBUD PARKING LOT SCREENING -$ BUILDINGS AND PARKING 9PACE5. 34.7% SCREENING PLANTINGS-SUGGESTED SPECIES ONE(1)SHRUB PER FOUR(4)LINEAR FEET OF PARKING FRONTING AN ROW PERMITTED DENSITY: 80 UNITS AC G d MAC OLIAGRANDIFLORA-SOUTHERN MAGNOLIA BICYCLE PARKING REQUIRED: ] DUMP SCREENING JUNI PERUS-AA-EASTERN RED CEDAR ILEX OPAGA-AMEMERICK:AN HOLLY DUMPSTERS SCREENED FROM VIEWOF ROW BICYCLE PARKING PROVIDED 7 5. FOUNDATION SHRUBS.SUGGESTED SPECIES BUILDING FOUNDATION PLANTING q'- ABELIAXGRANDIFLORA-GLOSSY ABEL IA fOUNDATK%J PLANTINGS REQUIRED ATMINIMUM 50%ANY '✓ LIGUSTRUM X'SUWANEE RIVER'-SUWANEE RIVER PRIVET :DING FACING A ROW kp ' ILEX NIGRA-INKBERY HOLLY ,- v NOTE PLANTNN SUBMIT LISTED DUE TO DESIGN AND ANDMAY BE ALTERED AT SITE PLAN SUBMITTAL DUE TO DESIGN AND AVAILABILTIY S e -kpP s ,�_� V•wL�1:'nxlaJ I� �i�-.,g k's p r d a Q U >r e OO I � I e f *ow NAMI MULTI-FAMILY - VIRGINIA BEACH, VA TlMMONS GROUP CONCEPTUAL LANDSCAPE PLAN -August 5, 2025 KINGS POINT RD l C:3 i R7.5 R-7.5 o �yj fig 1 ^^ d'_a5 x I ® Site N p zoning Bradley & Nettie Kain w- F 0 Property Polygons 405 Kings Point Court S Building Feet 0 15 30 60 90 120 Map created by Planning Department on 7/15/2025 zz� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRADLEY AND NETTIE KAIN [Applicants & Property Owners] Conditional Use Permit (Residential Kennel) for the property located at 405 Kings Point Court (GPIN 1486948144). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: August 19, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Residential Kennel to house 13 pet dogs within an existing 1 ,460-square-foot single-family dwelling in the Windsor Woods neighborhood. The dogs will be kept within the home except during supervised periods of outdoor relief and play. There is no exterior kennel or breeding proposed. Animal Control has received complaints regarding the number of dogs on the site and barking; however, according to Animal Control, all complaints have been unfounded. ■ Considerations: This property falls within the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which this use is considered. Due to concern with the number of dogs proposed a condition limiting the number of adult dogs on the property to a maximum of 13 dogs at this time has been recommended. If any dogs are removed from the property for any reason or pass away, they may not be replaced, and the total number of dogs permitted under the Conditional Use Permit shall be reduced to a maximum of 6. Additionally, a condition limiting the number of dogs allowed outdoors at one time to 4 has been recommended. Two letters of opposition were received about the request and 1 speaker spoke in opposition at the Planning Commission hearing, noting concerns with the number of dogs and excessive barking. There was one additional speaker at the Planning Commission hearing who spoke in support of the request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend denial of this request by a vote of 9 to 1 . If the City Council chooses to approve the request, Staff recommends the following conditions: Bradley and Nettie Kain Page 2 of 2 1. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason or pass away, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). As the number of animals on the property reduces, the applicant may be allowed to keep up to no more than six (6) dogs on the premises. 2. No more than four (4) dogs shall be permitted to be outdoors at one time. When outdoors, the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. There shall be no breeding of dogs on the site. 6. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Agenda • • Applicant and Property Owner: Bradley and Nettie Kain Planning Commission Public • Council , 202S V_B, City / 1 i Project Details Request Conditional Use Permit (Residential Kennel) y �� Staff Recommendation Approval Staff Planner Alexis Bailey Location ` 405 Kings Point Court g j GP/N 1486498144 Site Size 8,162 square feet A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-7.5 Residential South Single-family dwelling/ R-7.5 Residential East Single-family dwellings/R-7.5 Residential West Single-family dwellings/ R-7.5 Residential Bradley & Nettie Kain Agenda Item 19 page 1 of 9 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Residential Kennel to house thirteen pet dogs within an existing 1,460 square foot single-family dwelling on this R-7.5 Residential zoned parcel.The single-family dwelling is located within the Windsor Woods neighborhood. • The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. Since thirteen dogs are proposed to be kept on the property, a Conditional Use Permit is required. • The dogs will be kept in the home, except during supervised periods of outdoor relief and play. • No breeding of animals is proposed. • All animals are vaccinated and registered, per the applicant and Animal Control. • Animal Control has received complaints regarding the number of dogs on the site and barking, however, according to Animal Control, all of the complaints have been unfounded. Zoning History No prior Zoning History 2- = 4 Kats L R7.5 AP111, 111 M 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 Bradley& Nettie Kain� Agenda Item 19 page 2 of 9 Evaluation • • • This request for a Conditional Use Permit for a Residential Kennel is, in Staff's opinion, acceptable. The property is located in the Suburban Area, where one of the guiding principles is to support Great Neighborhoods through complementary non-residential uses, such as the proposed Residential Kennel.The dogs will generally be kept inside the home and no outside kennel structure is proposed. Staff is concerned with the number of dogs proposed and as such recommends a condition limiting the number of adult dogs on the property to a maximum of 13 at this time. If any dogs are removed from the property for any reason or pass away, they may not be replaced, and the total number of dogs permitted under the Conditional Use Permit shall be reduced to a maximum of six. In response to the current number of dogs on this 8,162 square foot lot and complaints received by staff from adjacent neighbors regarding noise, staff also recommends a condition limiting the number of dogs allowed outdoors at one time to four. Staff believes this measure will help reduce potential impacts to the surrounding residential properties. Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason or pass away, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). As the number of animals on the property reduces, the applicant may be allowed to keep up to no more than six (6) dogs on the premises. 2. No more than four (4) dogs shall be permitted to be outdoors at one time. When outdoors, the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. There shall be no breeding of dogs on the site. 6. Day Care,Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Bradley& Nettie Kain Agenda Item 19 page 3 of 9 Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. (pg.1-58 to 1-61) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use z— 10 ADT Proposed Land Use 3—There is no specific trip generation data for a Kings Point Court No counts available 9,900 ADT 1(LOS 4 "D") residential dog kennel but reviewing the needs and the purpose of the applicant, it is concluded that there will be minimal impact to traffic. 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of Single-Family Residential Kennel Service Dwelling Unit—1 Unit Bradley& Nettie Kain Agenda Item 19 page 4 of 9 Master Transportation Plan(MTP)and Capita/lmprovement Program(C/P) Kings Point Court, in the vicinity of this application, is considered a two-lane local street Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water The site currently connects to city water. There is an existing four-inch city water main along Kings Point Court. Sewer The site currently connects to city sewer.There is an existing eight-inch city sanitary sewer gravity main along Kings Point Court. Public Outreach Information Planning Commission • Staff has received two letters of opposition citing concerns related to the number of dogs on the site, noise, and prior Animal Control complaints. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 9, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 25, 2025 and July 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 23, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on July 3, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 5, 2025 and August 12, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 4, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 15, 2025. Bradley& Nettie Kain Agenda Item 19 page 5 of 9 z_ r } 5 I II z .fir f Bradley & Nettie Kain Agenda Item 19 page 6 of 9 Disclosure CITY OF Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions,or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: _as listed on application_Kf. '1 _1 �CA—L rL- Is Applicant also the Owner of the subject property? Yes o ff no,Property Owner must complete SECTION Z:PROP 5TY 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? Yes®No(gr If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes,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 Lhe 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 SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Bradley & Nettie Kain Agenda Item 19 page 7 of 9 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity andlor individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 oEngineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Farm is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VB©A,CBPA, Wetlands Board or any public body or committee in connection with this application. (fir ad l e y+-Ke4e_ Applicant Name(Print) Applicant Signature Dat 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): 7129/2025 Alexis Bailey 444% , 994&e_ 8/1/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Bradley & Nettie Kain Agenda Item 19 page 8 of 9 • 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. Bradley & Nettie Kain Agenda Item 19 page 9 of 9 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #19 Bradley & Nettie Kain Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: The vote is open by recorded vote of 10 to 0, item 18 for Jeffrey and Carmen Barrett has been recommended for approval. Our next item is item 19 for Bradley&.Nettie Kain. Ms. Cuellar: Hello. If you could please state your name for the record. Mr.Kain: Bradley Kain and Nettie Kain. Ms. Cuellar: Thank you for being here today. Can you tell us about your application? Mr. Kain: We just got 13 dogs. We didn't know, we wasn't supposed to have 13 dogs. We had to get a Conditional Use Permit, so we applied for that. So that's why we're here. Ms. Cuellar: I'm sorry, could you say that again? Mr. Kain: We got 13 dogs. We didn't know we were supposed to have one of these permits, so we found out we applied for it. That's why we're here. Ms. Cuellar: Okay. Thank you very much. Commissioners, are there any questions for the applicant? Ms.Hippen: Yes,how'd you get 13? Mr. Kain: The mother dog had birthed the first litter. We kept them, she had seven, and so we just kept them all. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: Have you had a chance to speak to your neighbors about your request for Conditional Use Permit? Mr.Kain: Yeah, I spoke to `em. Mr. Plumlee: What,what did they tell you,what was their reaction? Mr. Kain: All of them was cool, but like, maybe one. And they, you know, now we're talking now, but at first he was cool. Then he got an attitude because I hung a Trump flag up. So after that it went downhill from there. So that's the biggest issue is the Trump flag. He was cool in the beginning. Mr.Plumlee: Okay. Thank you. Ms. Cuellar: Commissioner Camp. Mr. Camp: Thank you for coming down today. Can you tell us when you bought this home? Mr. Kain: Yep. September of last year. Mr. Camp: Did you have the dogs at that time? Mr. Kain: Yeah,we come from West Virginia with them. Mr. Camp: All 13. Okay. Thank you so much. Mr. Camp: All 13. Okay. Thank you so much. Ms. Hippen: What kind of dog? Mr.Kain: They're Chihuahua Yorkies, "Chorkies". Yeah,they're little,they're small. Ms. Cuellar: Thank you so much. Madam Clerk, do we have any speakers on this application? Clerk: Yes, we have three speakers. Our first speaker is Judy Champ, followed by Mark Hamilton. Ms. Cuellar: Please state your name for the record. Ms. Champe: Judy Champe. I live right next door to them. I've been in my house for 28 years. The previous owner did not have any dogs, so weren't used to hearing dogs bark or, you know, having any activity. So when they moved in, it was like, oh,there's dogs. I have no issue with it. They're very well behaved dogs. They do not stay outside. They're not running a kennel. It's their pets. They're little,just little guys. My dogs, I have dogs too. They don't, and you know, they don't have a problem with it. My entire backyard backs up to their house, and I mean, I'm not woken up in the middle of the night. I'm not, you know, Yorkie loves,they both love those dogs. They're all vaccinated. They're all in compliance with, you know, what the city requires. They just didn't know when they moved here that they couldn't have 13,and, like I said,I don't have any issue with it. I know that they love them and they clean up after them every day. She's out there picking up their poop and she's out there spraying their yard. And I don't have any, any issues with it. If anybody should, it should be me because I'm right next to them. Ms. Cuellar: Well, we appreciate you coming down today. Commissioners, are there any questions? Okay. Thank you very much. Thank you. Clerk: Our next speaker is Mark Hamilton, followed by Reggie Elow. Mr. Hamilton: Good afternoon. Mark Hamilton. We live diagonally across the other speaker, Reggie, I left and is not able to be here. So the applicant did not talk to us. We also have dogs. We're not against dogs. Dogs in our neighborhood bark all the time,but more often than not,these dogs are,you know,they're,they're sent in or some something done to them,you know,to correct that action,you know, I walked my kid to and from the bus stop and the dogs start would bark and charge the fence. My wife the other day was out weeding in the yard for 20 minutes. These dogs in excess of four, sometimes up to nine in the front yard are barking for no reason. While we're across the yard or across the street in our yard. I leave and I go to work in the afternoons. These dogs charge the fence and barking at us for no reason,you know,Reggie is the next door neighbor. I've seen the dogs charge the fence and bark at them countless times, while they're going in and out,they spend less time on their front porch enjoying what they have out there than they used to. Like I said, we're not against dogs. You know, we understand dogs are going to bark our dogs bark at the dogs behind us. We put them in the house, you know, if they can't correct that action right away. you know, I have questions. You know, like I said, we, we weren't talked to by the neighbors.you know,they said there's not going to be breeding within the staff report. but in their own admission they have, they kept two litters. So they bred them and they're multiplying. And are they going to continue to keep the litters? If, you know, if that happens, if this is approved, what actions are going to be taken to ensure that they comply with the no more than 13 dogs? That there's no more than four out at a time. So those are, those are my questions. Animal control is pretty much blown off. Some of the issues that have you have been brought to them, you know, between a few of us, we can, you know, put out videos and show that this, these actions are happening. So like I said, we're not against the dogs, but the barking incessantly to charging the fence, you know, we've gone to walking across the other side of the street, but that doesn't help, you know, we're, we have to look before we take our dogs out of the house to put them in the car or take them on a walk. You know, so all for the dogs, happy to have them, but they become a nuisance. You know, we've looked at it, they've created more noise in the neighborhood for the incessant barking of over 30 seconds or 30 minutes. So, like I said, all for the dogs,just wish that there was more being done or we'd been talked to about it,and then if it is approved,what's going to happen? Whose onus is that going to fall onto ensure compliance. Ms. Cuellar: Thank you. Thank you for being here. Are there any questions for the speaker? Thank you very much. Clerk: If our last speaker, Mr. Edlow has left,we have no more speakers. Ms. Cuellar: Okay. Thank you for that. I appreciate it. Mr. And Ms. Kane, you're welcome to come back up for rebuttal. Mr. Kain: Okay. So the issue, we didn't talk to him because he lived the agonal from us. We didn't think that he was part of our neighbor,you know what I mean? We talked to the one on the sides of us and behind us. We didn't know he was, you know what I mean? So that's why we never said nothing to him. But as far as the dog charging the fence, dogs are going to bark. Dogs are going to do that jump. They don't bite. They're not aggressive dogs. They just, they see something. They run after it. You know what I mean? A squirrel bird, another dog. That's what our dogs do. You know? He's got dogs. All you hear them dogs barking, six or seven o'clock in the morning. Ain't nobody say nothing about that. You know what I mean? Because their dogs are going to bark. You know what I mean? Dogs are going to be dogs. So that's,that's how I got, they're not aggressive at all. As far as having more dogs, when the mother dog had the dogs, we didn't wanna get rid of dogs. We don't, we feel that if we going to give somebody a dog, they might mistreated. You know what I mean? Is she going to get pregnant again? No,because she's like 15 years old, she's not going to get pregnant again. You know what I mean? So that's all I have to say. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr.Plumlee: Are the other dogs spayed or neutered? Mr.Kain: Some are, some aren't. Mr.Plumlee: And you're not intending to breed them? Mr. Kain: No,we're 30. We're good with 13. That's enough. We're good with 13,yeah. Mr. Plumlee: So then you're not, you wouldn't object to a condition that they all be spayed or neutered? Mr.Kain: I mean, I'm working on that. I mean, it takes a lot of money to do that. I am working on that. Mr. Plumlee: There are places in our community that provide that reduced costs for spay and neutering animals. If there was a condition that required you to go under a review in two years to see if you're in compliance,would that be objectionable to you? Mr. Kain: Absolutely. You can come once a year if you want. Mr. Plumlee: I don't want to go at all, but you wouldn't object to that? Mr. Kain: I don't object to none of that,no. Mr. Plumlee: Okay. Thank you. Ms. Cuellar: Have a question, Commissioner Hippen? Ms. Hippen: Being a rescued fur baby person, I do know that the SPCA should be able to help you with that, but I do agree with my brother Commissioner here. I think that 13 is a bunch of them,and the possibility of them reproducing if they are not spayed and neutered is strong. They're dogs. Have you thought of trying to adopt,you know, some of them out, or? Mr.Kain: No, I would never get rid of none of my dogs. Ms.Hippen: You never get rid of for nothing? Ms. Kain: They're like our kids. Mr. Kain: Like, so when we bought our house, we installed gates inside of our house on our doorways so we could separate the females from the males when they're in heat. Like if you come to our house, we went to the fence store and had outside gates put inside our house just to have them separated. So that doesn't happen. Ms.Hippen: Okay. Mr. Kain: We put a chain link fence in our front yard so they can't get out the yard. We put a privacy fence in our backyard so they can, you know what I mean? So we went go above and beyond just to make sure they was good. Ms.Hippen: So what do you say or what's your response to your neighbor that says that that they are a nuisance when they're out there? Mr.Kain: I don't pay no mind to people like that. Ms. Hippen: I mean, but, but he's your neighbor and, you know, we have to coexist in society, and that's a question. I mean, you know, I told a story earlier today about when my mother kept one of my dogs when I was out to sea. And then, she was outside of Philly and I brought him down here. And there was a lady that always called the police to send him over there,oh,the dog's barking. And the last time that it happened, the dog was here in Virginia Beach, and when the police came by outside of Philly,she said,well,that woman must have damn good hearing because the dog is in Virginia Beach. So the question that I have for you is we have to coexist with our neighbors. Mr.Kain: Alright. So,when we moved here,you know,school was out,you know what I mean? So we didn't really, you know, that there kids live next to us, the school bus route, none of that. So then after,you know, the school started back up,we knew at 3 o'clock he would walk down to the bus stop. You know what I mean? So we would try to keep the dogs in, you know what I mean? But we can't keep our dogs in the house every time somebody walks outside. You understand what I'm saying? They got to go to the bathroom. They like to play,you know what I mean? So I can't help it. If your wife's in your yard picking weeds and my dog goes outside and barks,I can't help that. You know what I mean? You go inside. Not my dogs,my dog,20 minutes, they're in and out. My dogs are inside dogs. They don't go outside,use the bathroom and that's it. Ms.Hippen: Okay. You,you answered my question. Thank you. Ms. Cuellar: Commissioner Schoonover. Ms. Schoonover: If between now and the time when your dogs are spayed or neutered, anybody becomes pregnant, are you planning on keeping those dogs as well? Mr. Kain: They won't become pregnant. If you come to my house, you would see that I have, I have five foot gates in my doorways that, you know what I mean? They're their latch. They're like an outside gate. They're inside my doorways. If they're, if they're in heat,they're put up,you know,what I mean? There,there's no way to get pregnant. If would I keep them,I wouldn't keep them. But there's no way for them to get pregnant. Ms. Schoonover: I think you,I think you recognize that we're all a little worried because it's a lot of dogs. and we're just hoping that they don't have more puppies soon. Mr. Kain: 13 is enough for me, I'm done. Ms. Schoonover: I hear you. I don't know how much of the first times it was an accident, so I just don't know. Ms. Cuellar: Thank you, Commissioner Mauch? Mr. Mauch: 13 dogs. How old are they,just outta curiosity. Mr. Kain: Most of them is five,then you got, six and five. Then the mama dog, she's like 13 or 14, 15, something like that. Mr. Anderson: Thanks for coming down. I'm definitely an animal person. My son rescued a mixed dog in Franklin living underneath a car with his buddy and brought him home. We already had a cat and a dog and it's like, oh no,you know,I had three,but you know,we've been fostering for 12 years, but the 13 dogs and the limit of six or four concerns me,being 13,and the size of the house,the size of the lot. I just have a hard time being able to accept that with that many animals. I know you're good to them,but I don't think I can support this application. Mr. Kain: For what reason? Mr.Anderson: The amount of dogs. Mr.Kain: Oh,just the amount of dogs. So you're saying my yard's not big enough? Mr.Anderson: For 13 dogs?No. Ms.Kain: With the front and the back,that's a lot of yard. Mr.Anderson: Did you put that fence up,when you moved in? Was that fence already there? Mr.Kain: I put it up. I had to pay, I paid to have it put up for that reason. Mr.Anderson: No,that's,I just,I am an animal lover,but I just,you know,there's a certain point where, you know, we've got to be close or adhere to the ordinance and 13 is pretty, pretty high, and we can't,yeah,you say you can guarantee that you're not going to have another breed,but like you said, animals are animals, and I've got four dogs next door to me that they're all English labs and they get underneath the fence and I mean, they're great dogs. We love them, but yeah, they will,you know,they are who they are. I just, I'm just concerned about the quantity. Ms. Cuellar: Commissioner Camp? Mr. Camp: So I agree with Commissioner Anderson on this. I wanna say it to you straight. I don't wanna say it after you sit down that I have a rescue also. I didn't ask for it to come into my life,but when it did,I gave it a home and I'm giving it love through the rest of its life. I don't know how long that'll be, but my neighbors had certain expectations for their homes too. In our community, four is the standard and your neighbors were here before you were. So I do have to give weight to the community and what they thought their neighborhood would be. That's not to discount anything that you said about the love for your pets and how you're caring for them and what you're trying to do, but they also have expectations and balancing them. I've been asked to look at heights and setbacks and stormwater rules and all kinds of things since I've been appointed up here. What I try to do is look and say, is it a close call? Is there something special about this that's especially different in this case, if our standard is for, and you're more than three times over that standard, it's a lot harder for me to get there than if you were too over the standard like lady that we just heard recently. So I just want you to know how I'm coming at it. Ms. Cuellar: I have a question for you. For the conditions that have been written, can you just maybe share with us a little bit about your plan and how maybe you could mitigate some of the barking,some of the noise because specifically,condition number two says no more than four dogs shall be permitted to be outdoors at one time. Have you kind of thought through maybe what that plan might be? Mr. Kain: So, here in the next few months, we're going to knock out our kitchen window,put a door to go out to the back door there. So we have two doors to go in and out the back. So there, there's only going to be maybe one or two dogs to go out the front yard. So our whole backyard is a privacy fence, you know what I mean? We've paid to have a privacy fence put in our whole backyard for that reason. You know what I mean? So for four dogs in the front yard, I mean, I don't see that, you know what I mean? We, we can handle that. You know what I mean? Like, only like our dogs go outside, like if we leave and come back,they go outside, use the bathroom, and they're right back in with us. They're up, they're up our bus. More than anything you like, you got to be right where we're at all times, you know what I mean? So for anybody to say that our dogs are going to be outside leaving for hours, our dogs don't, our dogs are not outside dogs. They don't like the heat and they don't like the cold. You know what I mean? Ms. Cuellar: Thank you very much. Commissioner Coston? Mr. Coston: Would you consider just keeping them in the backyard? Mr. Kain: Yeah. So that's, you know, like I said, we just moved here in September. We just moved, we bought, we come down here and bought a house. You know what I mean? And so we're just trying to do, we're not trying to do everything at one time where we're gradually doing things to our house,you know what I mean? So eventually they're all going to be in the backyard because we're going to get the whole front yard redone,you know what I mean? Because it's got dips. There was like 10 trees in the yard. We had cut downs, we got roots grown coming out everywhere. So we're eventually going to get our whole front yard done. Right? So all the dogs going to be in the backyard. You are just going to, it's not,just can't happen. You know what I mean? I can't, I can't spend the money, spend the money, spend the money, you know what I mean? I got to make it to spend it,you know what I mean? Mr. Plumlee: Yeah. I have a serious problem with 13 animals of one house also. I'm trying to find a way, you know, get-- Mr.Kain: If you were come to my house,you would not even know I had 13 dogs. Mr. Plumlee: If I could address it,you know,part of this is going to have to be respect,right. If you're going to respect your neighbor and not expect them to leave their yard to go inside to accommodate your dogs. That's part of the give and take of trying to make something work. You know, I'm sort of thinking we have 13 dogs at this house. They're there. We can reject the application and say, get rid of your dogs, because that's really what this is about. I mean, that's what we're up against. So if we're going to spend money changing the house, why aren't we spending money to spay and neuter these pets and come up with a plan to make sure we accommodate the situation and be subjected to a review maybe annually or every other year that you're in compliance, you know? But I'm not hearing that willingness to come forward. Come along on that. Mr. Kain: Yeah. If you, I guess you wanna come to my house every year, you can come every six months. It doesn't like, whenever,whenever you tell me that. Mr.Plumlee: What I'm suggesting with that is that it not be complaints that are ignored. If people are coming and saying,well,the noise is ongoing and we can't,they're putting the dogs out. How does the city regulate that? How do we come out and make sure you're going to comply when you're telling me I can come out, you really think I'm going to get in my car, leave my job and come see if you've got more four dogs outside your house? Mr.Kain: Yeah. I don't know. You know what I mean? Mr. Plumlee: No, that's respect. That's the problem. So I'm trying to see if we can make some accommodation for these animals because I love animals. So not because I love the way you're presenting yourself because I love animals. Mr. Kain: So another thing that, that we're in the process of doing is we got a chain link fence around our whole front yard. So we're going to, we're trying to get either something that goes in front of the chain link fence,to block the view or put them privacy flats in there to block the view for that. You know what I mean? So they don't see people out in the yard,you know what I mean? They may hear them,but they don't see them. That's,you know what I mean? That's in the process too. Ms. Schoonover: I've been listening to this and II think, I'm just concerned that, well, one, I'm concerned that I think it's unusual to try to keep two litters of dogs that you have 13. I guess I'm really, I'm surprised that she chose to do that, and I don't wanna take dogs away from you, but I really think you should contemplate that. Maybe that's not the healthiest situation for the 13 dogs, but, you know, I don't warma ask you to get rid of them. But I'm also just not so sure that it's the best thing. I'm also concerned that to me, after what you said earlier where you said that, you know,you wouldn't give your dog's away for fear that they would be mistreated. I'm worried that they're, that you cannot control unspayed neuter dogs from getting pregnant again, and it strikes me that you would want to keep the next ones too, and I'm just, I'm struggling with this because I love dogs. I'm obsessed with dogs. They're my,one of my favorite things. But I really am not so sure that 13 dogs in this house is good for anybody.anyway,I don't know if you have any thoughts to add to that. Mr. Kain: I love my dogs. I mean, I just, I'm, I can't get rid of my dogs, so it's like y'all having kids and then just giving one of your kids away,you know what I mean? It's the same concept. I mean, I could you give your kid away. Ms. Hippen: So let me, let me enlighten you. So the dog that I told you was in Virginia Beach when they thought it was in Philly. I brought that dog from Spain when it was seven months old. You are not talking to folks that don't understand. I think what Commissioner Plumlee was trying to say is that there's, you're in a neighborhood here. Here's the question, I want to ask you, were you in a suburban area? And you said you moved here from West Virginia,right? Were you in a suburban area or more of a rural area with the dogs down there? Mr. Kain: Pretty much the same kind of same community? Ms.Hippen: I'm looking at your house from Google Earth,and it is a smaller yard. I have a large dog. I have a black lab, and I'm looking at the yard, 13 is a lot, and I could not, I could not see somebody taking Bobby from me. I understand your point. The point that we're trying to make is that the city only allows four dogs, and you can ask for more. So lady came and asked for two over that, but you are, you've got enough dogs for four of your neighbors, essentially. So the question is, how do we grapple with that? When you've got one of your neighbors that came in, and that's the neighbor that came in and said,"Hey,they're a nuisance. Is he alone?" One neighbor came in and said, I don't have any problem with him. Is she alone? You see what I'm saying? Mr. Kain: So Reggie,that's the other guy that was supposed to be here. He's the one that called the dog catcher on us. So after the fact, Reggie was supposed to be here on our behalf, but since this was taking too long, that's why he left. He's the one that lives right next door to us. He's the one that called the dog catcher twice. He knows that his dogs bark. You know what I mean? So he just, his issue was them barking, you know what I mean? But then after he realized the dogs are going to bark, you know what I mean? He started doing different things. We started doing different things. You know what I mean? So he knows when we pull in, like this morning we was talking, I had four dogs out front, and they didn't even bark at him. You know what I mean? Ms.Hippen: My dog gets the dog behind me barking. He walks along the fence and I'm the one that put up the privacy fence. He walks along the fence and then she goes, snake, snake crazy,and she gets in trouble and he just probably laughs and walks back to the porch. My point is, they're dogs. Like we all said, they're animals. People act stupid when they want to. So controlling the dogs is an issue with 13 of them. That's a lot of dogs. So I'm trying, we're trying to figure out a way to resolve this. I mean, and we've never had anyone come to us. I mean, you're not the first ones to come to us with more than four dogs. We've never had this many, and while they're itty bitties that means that they're going to live longer, because the smaller the dog, the longer they live. So,yes,one of the conditions that's already in your package is when they cross the Rainbow Bridge,you're not allowed to get any more. I understand that. But you got a lot of dogs,and that's where the concern is coming. Mr. Kain: But if you, like,you would come to my house, you wouldn't even know that I had 13 dogs. Like,you know what I mean? Like,you wouldn't even, like,my house don't stink my yard's not, you know, got dog poop in it. You know what I mean? It's just, our dogs are taking what care. Like, really? Like, I, you know, they eat better than we do sometimes, you know what I mean? You know, I go through like 120 pounds of dog food a month, you know, you know what I mean? Like they're well taken care of. They get groomed,you know what I mean? It's not like they,they're taken care of. They get bath once a week,twice,one,once every two weeks. It's like, you know what I mean? We take them to the groomers. Like, we spend a lot of money on our dogs, a lot of money,but we didn't even know about this SPCA. We never even knew about that until a few weeks ago. Ms. Hippen: The SPCA is on Holland Road near Dam Neck. That's where the Virginia Beach one is. I don't know how the Chesapeake one does. Bobby came from the Norfolk, SPCA. So they're all over. But since you live in Virginia Beach, I would talk to them about getting your animals spayed and neutered. Because that's the first thing. Number one, it lowers, it lowers diseases. It lowers illnesses. It, you know, it's good for the animal anyway. You said you're not going to breed them,right? Mr. Kain: Yeah. Like said, we never knew about the SPCA. Like we just found that out a few weeks ago. So now that we know, you know what I mean, it's in the works. You know what I mean? It's just, ain't nothing going to happen overnight. You know what I mean? If it could,we already had it done. You know what I mean? Believe that. Ms. Hippen: I'm going to tell you, my heart breaks for you. It, it really does. Ms. Cuellar: Commissioner Anderson. Mr.Anderson: Yes. I'd like to call for a motion for denial of the application. Ms. Cuellar: Is there a second? Mr.Plumlee: Second. So there's a motion on the floor for denial from Commissioner Anderson, seconded by Commissioner Plumlee. Is there any further discussion? Ms. Byler: We've been here a long time. I'll speak very briefly. My heart goes out to you. It really does. I honestly believe that you're wonderful pet owners and you love those pets, and you didn't know when you bought the house that there are regulations. But when I sit up here, I try to apply the law equally to everyone. If I allowed you to have 13 dogs, and then what if all your neighbors wanted to have 13 dogs? You see the issue. So,I'm sorry,but I will support this motion to deny. Mr. Camp: I'll just make the point that earlier today,we spent a great deal of time talking about City resources in the inspection area,and a solution that requires more inspections to accommodate something that is this far out of our normal standards is one of the reasons why I can't support this. Ms. Cuellar: Thank you. Commissioner Mauch? There is no further discussion. Clerk: The vote is now open by recorded vote of 9 to 1, item number 19, Bradley and Nettie Kain has been recommended for denial. Vote Tally Commission Member AYE 9 NAY 1 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason or pass away, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). As the number of animals on the property reduces, the applicant may be allowed to keep up to no more than six (6) dogs on the premises. 2. No more than four (4) dogs shall be permitted to be outdoors at one time. When outdoors, the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. There shall be no breeding of dogs on the site. 6. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Zoning Complaints To: Alexis Bailey Subject: 405 Kings Point Fw:email Please read!!! Date: Tuesday,June 17,2025 11:23:11 AM More concern for the kennel at 405 Kings Point. From:Jacqueline Wittemann <scotva beach @gmail.com> Sent:Tuesday,June 17, 2025 11:15 AM To:Zoning Complaints<ZoningComplaints@vbgov.com> Subject: Fwd: email Please read!!! CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, I noticed the sign for a Residential Kennel at 405 Kings Point Court. This is a quiet court with young families, military families and retirees. A residential kennel would not be conducive to this residential setting. I have counted 8 dogs in the front fenced yard of this home. They bark when anyone walks by the fence, even when a car drives by. The dogs bark for long periods of time, disturbing the quiet for the neighbors in the court. I have been awakened at 5.15 am by the barking. I understand that there is a limit to the number of dogs that are allowed in one household. If a kennel is approved for this home that number of dogs could increase in numbers. This would increase traffic in the court. This is not a good situation for a residential neighborhood. We would like to keep our court quiet. Thank you, Jacqueline Wittemann Jacqueline Jacqueline From: Alexis Bailev To: Alexis Bailev Subject: FW:Concern over residential kennel request Date: Thursday,June 26,2025 9:57:31 AM From:Sarah Hamilton <hermanseC@gmail.com> Sent: Friday,June 13, 2025 7:46 PM To:Zoning Complaints<ZoninRComplaints(@vbgov.com> Subject: Concern over residential kennel request CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, I am a neighbor diagonally across from 405 Kings Point Ct.This house has a request up for a residential kennel zoning permit. First of all,looking at the existing zoning laws-they are too close to any neighboring property(under 100 feet)to meet the posted requirements seen online for constructed kennels.Secondly,since these neighbors have moved in,we have seen 7-9 dogs out at a time(we believe there are more dogs based on the variety of breeds)-in the fenced in front yard. They consistently bark the entire time they are outside,sometimes for 5 minutes-sometimes 30 minutes and they are rarely deterred.We understand dogs bark-our own dogs do on occasion, but we immediately bring them in.The neighbors dogs can be let out as early as 5:30 in the morning and Late at night.The dogs are not provoked intentionally-they bark immediately upon being let out,at cars passing, people in neighboring yards,and people passing by-and obviously when other dogs are walked down the road.Animal control has been contacted by neighbors on several occasions (because they easily exceed the 4 dog limit)and have caused a couple neighbors to change how they utilize their own neighboring yards because the dogs charge the fence barking and are not stopped. For example, I was working in the yard for an hour,some of the dogs were let out and they barked at me for 20 minutes(I was ignoring them while doing yard work)the entire time they were out. Our overall concern,is if the residential kennel request is given, how many additional dogs will the add to their home?Also,if they are applying for a kennel license,does this imply they will be bringing more traffic to our cul-de-sac because they are breeding dogs?We understand wanting and enjoy dogs for pets,we have two ourselves;however,it is already breaking city law by the amount they own and we cannot imagine the disruption a kennel license will cause. Thank you for your time, Sarah Hamilton Sent from my iPhone B2 B2 B2 n ADMIRAL WRIGHT RD 1�1 W a w Q I1 w } w Z Z --- w 11 a 12 ® Site p zoning George Loizou Wr Property Polygons 5033 Admiral Wright Road S Feet 0 25 50 100 150 200 Map created by Planning Department on 7/15/2025 ti> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEORGE LOIZOU [Applicant] 232 JERSEY, LLC [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 5033 Admiral Wright Road (GPIN 1467858101). COUNCIL DISTRICT 4 (Ross- Hammond) MEETING DATE: August 19, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to utilize this site for the storage of vehicles, equipment, and landscape materials. The site is currently developed with a vacant fuel canopy which will be retained to provide weather protection for vehicles and equipment stored on the site. The proposed hours of operation are 6:00 a.m. to 8.00 p.m. Monday through Friday and 8.00 a.m. to 1.00 p.m. on Saturday. Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than 6 feet in height, with landscaping along the exterior of the fence. The applicant is requesting a deviation to the installation of plantings specifically along the eastern property line. The applicant believes installation landscaping in this area will generate debris around equipment and buildings that may be a nuisance and liability. The site plan does depict the required landscaping along the exterior of the fence along Admiral Wright Road, Jersey Avenue, and along the southern property line. Additionally, the applicant is proposing a six-foot tall wood privacy fence along the north and west property lines to connect into the existing chain link fence along the east and south property lines. ■ Considerations: The property is located in the Central Village District of the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and to develop as an eclectic, mid- to low-rise commercial and urban residential area. While not meeting the Comprehensive Plan's recommendations for the Central Village District, the request for a Conditional Use Permit is an acceptable interim use given the current concentration of autocentric uses in the area. Since the proposed use does not align with the vision outlined in the Comprehensive Plan for this area, staff recommended a five-year expiration on the Conditional Use Permit, should it be approved. While staff initially recommended conditions to require removal of the existing pole sign on the site as well as the installation of a privacy fence in a maintenance-free or low-maintenance material, George Loizou Page 2 of 3 the Planning Commission opted not to include those items in their recommendation. 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 request by a vote of 9 to 1. 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Bulk Storage Yard after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Bulk Storage Yard shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturdays. 3. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "5033 Admiral Wright Road", dated May 27, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This includes a deviation to only provide fencing along the [begin strikethrough] southern aP [end strikethrough] eastern property lines, rather than the Category VI screening required by the Zoning Ordinance around the entire perimeter of a Bulk Storage Yard. 4. A solid wood privacy fence [begin strikethrough] of a mztiRterRiaanGe free or [end strikethrough] with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Site Plan identified above in Condition 2 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained along the north, south and west property lines. As noted in Condition 3, this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 5. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. George Loizou Page 3 of 3 6. The applicant shall remove the existing canopy signage [begin strikethrough] and pole [end strikethrough] from the property prior to operating the site as a Bulk Storage Yard. 7. The storage of materials on the site shall be limited to the existing impervious areas and no additional impervious cover shall be added to 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:#-0 Agenda A••licant: George Loizou PropertyOwner: Planning Commission Public • 2025 CouncilCity 1istrict: District 4 (Ross-Hammond Project Details Request Conditional Use Permit (Bulk Storage Yard) ra.o Staff Recommendation �� Approval 10 -- Staff Planer Alexis Bailey 4 —Z Location _ 5033 Admiral Wright Road 1 GP/N a 1467858101 W Site Size G , 6W rc 12,415 square feet i A/CUZ � Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant automobile service station/ 1-1 Light Industrial r Y% r, r' SurroundingLand Uses and Zonm Districts �....«"'R° g - North '¢ Z Admiral Wright Road Strip Center 1-1 Light Industrial South .... e lei Car Detailing Service/ 1-1 Light Industrial s East i _ Eating and drinking establishment, automobile , repair garage/ I-1 Light Industrial ., :,. West Jersey Avenue Strip center/ 1-1 Light Industrial George Loizou Agenda Item 21 page 1 of 13 Background SummaryofProposal • The applicant seeks a Conditional Use Permit to operate a Bulk Storage Yard on this 12,415 square-foot, 1-1 Light Industrial zoned parcel. • The parcel is currently developed with a vacant fuel canopy, originally associated with a Conditional Use Permit approved in 1975 for an Automobile Service Station. While the fuel pumps have been removed, the applicant proposes to retain the canopy to provide weather protection for vehicles stored on the site. • The property also contains a nonconforming pole sign and signage on the existing canopy, both of which are to be removed, as outlined in recommended Condition 6. The applicant intends to use this site for the storage of box trucks, trailers with equipment, fleet vehicles to include pick-up trucks and passenger vehicles, a roll-off dumpster, a 500-gallon above-ground fuel tank, and landscape materials to include mulch, soil, gravel, sand, and tree limbs. • Hours of operation are proposed between 6:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturdays. • Given the site's location in the Pembroke Strategic Growth Area (SGA) which envisions a transition from autocentric and industrial uses to a mid-to low-rise commercial and urban residential area, as well as the improvements to this portion of Cleveland Street with the upcoming Cleveland Street Capital Improvement Project (CIP), the applicant intends to use the site as-is and understands the use may only be permitted for a limited duration. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with landscaping along the exterior of the fence. The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan, depicted on page 8 of this report, includes a six-foot tall fence, however, the applicant is requesting a deviation to the installation of plantings along the east and south property lines. The applicant owns the parcel to the south and a believes additional plantings in this area are unnecessary. Additionally, the applicant believes installation of shrubs and trees adjacent to the property to the east will generate yard debris and potential fallen limbs in the future around equipment and buildings that may be a nuisance and liability. The site plan does depict the required landscaping along the exterior of the fence along Admiral Wright Road and Jersey Avenue. • The applicant is proposing a six-foot tall wood privacy fence along the north and west property lines to connect into the existing chain link fence along the east and south property lines. Consistent with other Bulk Storage Yards requests, staff is recommending a condition to require installation of a 6-foot tall privacy fence in a low-maintenance material such as vinyl or a composite material around the entire perimeter of the Bulk Storage Yard as required by Section 228 of the Zoning Ordinance. George Loizou Agenda Item 21 page 2 of 13 Zoning # Request 1 CUP (Tattoo Parlor) Approved 05/21/2024 B2 1 2 2 2 CUP (Motor Vehicle Repair)Approved 03/17/2015 3 CUP(Bulk Storage) Approved 09/11/2012 — -� „ — -------- --____ ADMIRnLWRIGtn RD 4 CUP(Automobile Service Station) Approved _� 06/09/1975 I � LU y W 3 �w � I Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ. Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit for a Bulk Storage Yard is acceptable, as an interim use. The subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, the proposed use does not align with the Comprehensive Plan's recommendations for the area which calls for an eclectic, mid-to low-rise commercial, and urban residential area. This area is envisioned for live-work, loft, and row-house residential buildings and smaller-scale mixed- use commercial buildings. However, the proposed Bulk Storage Yard 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. Given that such redevelopment is anticipated to follow the completion of the Cleveland Street Capital Improvement Plan (CIP), Staff is recommending a five-year expiration date (Condition 1). At the end of the five-year period, another Conditional Use Permit must be applied for and approved for operation of the Bulk Storage Yard to continue. Previous Conditional Use Permits for similar uses in this district were approved in the mid-2010s and were conditioned with 10-year expirations, which were intended to coincide with the planned improvements to Cleveland Street. George Loizou Agenda Item 21 page 3 of 13 As stated previously, the applicant is requesting a deviation to the required landscaping through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view, the requested deviations to the required landscaping along the east and south property lines are acceptable given the interim nature of the proposed use and the similar uses located to the south and east of the site. The deviations will not negatively impact surrounding properties and the proposed landscaping along Admiral Wright Road and Jersey Avenue will be a significant improvement to the existing streetscape. Staff does recommend a condition that the landscape screening surrounding the outdoor storage be installed and maintained for the duration of the use as a Bulk Storage Yard. Staff concludes that the proposed deviations to this requirement are acceptable and recommends approval. As such, Staff recommends approval of this request subject to the conditions and exhibit in this report. 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 Bulk Storage Yard after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Bulk Storage Yard shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturdays. 3. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "5033 Admiral Wright Road", dated May 27, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This includes a deviation to only provide fencing along the [begin strikethrough] southem and [end strikethrough] eastern property lines, rather than the Category VI screening required by the Zoning Ordinance around the entire perimeter of a Bulk Storage Yard. 4. A solid wood privacy fence [begin strikethrough] ^f" free or le w main+enaRGe m•++eri'+I [end strikethrough] with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Site Plan identified above in Condition 2 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained along the north, south and west property lines. As noted in Condition 3, this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 5. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. George Loizou Agenda Item 21 page 4 of 13 6. The applicant shall remove the existing canopy signage [begin strikethrough] and pole so" [end strikethrough] from the property prior to operating the site as a Bulk Storage Yard. 7. The storage of materials on the site shall be limited to the existing impervious areas and no additional impervious cover shall be added to 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. Comprehensive Plan Information This Central Village district is envisioned as an eclectic, mid to low-rise commercial and urban-residential area. This district will include live-work, loft, and rowhouse residential buildings as well as smaller scale mixed-use commercial buildings and a sports arena. (p. 34, Pembroke SGA Master Plan)..The opening of new corridors at Cleveland Street and Southern Boulevard will aid in circulation and mobility in this district.The development to take place in this district will transform the area with a variety of mixed-use and residential development, new sidewalks, landscape, and streetscape improvements" (p. 34). Quality landscaping is essential to the built urban environment. Where possible any existing natural landscaping should be retained.The corners of significant street intersections, gateways or site entries should be enhanced by special landscape treatments such as pavers, flowering plants, signage or decorative lighting (B-2, Reference Handbook). ResourcesNatural & Cultural • , The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. George Loizou Agenda Item 21 page 5 of 13 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-0 ADT Proposed Land Use 3—There is no specific trip generation data for a Jersey Avenue and bulk storage facility but reviewing Admiral Wright Road No counts available 9,900 ADT 1(LOS a "D") the needs and the purpose of the applicant, it is concluded that there will be minimum impact to traffic. 1 Average Daily Trips 2As defined by a 3As defined by a Bulk 4LOS = Level of vacant lot Storage Facility Service Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) Jersey Avenue and Admiral Wright Road are two-lane local streets. These roadways are 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. ImpactsPublic Utility water City water does not the front the property, but it may be extended for connection purposes provided hydraulic analysis supports the potential demand. Plans and bonds are required for construction extension of water system. There is an existing eight-inch city water main along Admiral Wright Road approximately 200 feet west of the site. Sewer The site must connect to city sewer and there is an existing eight-inch city sanitary sewer gravity main along Admiral Wright Road. George Loizou Agenda Item 21 page 6 of 13 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, August 5, 2025 and August 12, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 4, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on August 15, 2025. George Loizou Agenda Item 21 page 7 of 13 Proposed Layout 3 e �� .. - all'3 n 43AV A3Sd3f L£7. � :p S;a a 33 „ r1N NVId 3iisivnld3DN07 3� Cvj2 HEAUAA-lVUIW0`d EEOS a 3 _. q a !KC 1r!!>! n'AS; - a � N>- � m ' o "+w , ` r e w Z4-1 �i George Loizou Agenda Item 21 page 8 of 13 i ti ✓s' a l 1 r w �X George Loizou Agenda Item 21 page 9 of 13 Disclosure " I y & Disclosure iVIRGINIA 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 Iaw.Completion and submission of this form is requ/red forall applications that pertain to Gty real estate natters orto the development anctlor use of property In the City of Virginia Beach requiring artisan by the City Council, boards, commissions,or other bodies. SECTIONAPPLICANT" • APPLICANT INFORMATION Applicant NaMAe: GEORGE LQIZOU as listed on applloation Is Applicant also the Owner of the subject property? Yesd Npo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesQ Noe, If yes,name Representative:- Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? yesONoo If yes,list the names of crll officers,directors,members,or trustees below AND businesses that have a parent-subsidin z or a ilated business entity 2 refodonsh with the applicant.(Attach list necessary.) floes the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser. KNOWN INTEREST BY Pt1BLiC OFFICIAL OR EMPLOYEE Does an official of employee of the City of Virginia Beach have an int " "ln h 1e subject land or any proposed development contingent on the subject public action? Yes eNot If Yes,haute the official or employegand describe the nature of their Interest, APPUCAN'TSERVICES 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 ldentlf)ed(Attach lift if necessary.) SERVICE YES NO SERVICE PROVIDER (Nan*entJt an or individual FF:j�nancing(mortgage,deeds of trust QSOUTHERNBANK s-collateralization,etc.) Real Estate Broker/Agent/Reactor Q 0 rRESH Disclosure Statement I rev. May<2624 pa$e 1 O#a. George Loizou Agenda Item 21 page 10 of 13 SECTIONDisclosure Statement 1 econtinued SERVICE YES NO SERVICE PROVIDER p� Name entityand or Individual Accounting/Tax Return Preparation 0. 0 Archltec#/t7etsigner/Landscape Architect/Land Planner Congtructlon Contractor 0 0 Engineer/Surye did ent 0 CIVIL ENGINEER: JOHN SANDOW ENGINEERING Legal Services 0 01 APPLICANT CERTIFICATION REAR:i certify that all Information contained In this form is complete,true,and accurate.I understand that, upon receipt of not cation 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, aty Council,VBDA,ZBPA,Wetlands Board or any public body or committee in connection with this application. GEORGE LQizou 04122/2025 Applicant Name(ROW t Si ature Data 2"Parent-subsidiary relationship"means"a.relationship that exists when-one corporation directly or indirectly owns shores possessing more thaaSti 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 relattonshlpo means"a relationship,other than parent-subsidiary relationshk that exists when(1)one business entity has o controlling,ownership interest in the other.business entity,fil) a controlling owner in one entity is also a controlling owner in the other entity,or(III)there Is shared monagernent 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 substantigliy.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 d regularbasis;or.there is otherwise a.dose working relationship between the entitles,".See State and Local Government Conflict of Interests Act,Va.Code§1.2 31U1. FOR CITY USE ONLY: No changes as of(date): 7/29/2025 _Alexis Bailey __j812025 Staff Name(PrIht) Staff Signature Date Disclosure Statement-1.rev. May-2024 page 2 of 3 George Loizou Agenda Item 21 page 11 of 13 Disclosure PROPERTY OWNER INFORMATION Property Owner Name: as listed on application 232 JERSEY LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQNoQ 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.) GEORGE LOIZOU,KARI M.LOIZOU,AND DONNA REED 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 o Noe if es,name the o icial or em to ee, 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.) Q Q SOUTHERN BANK Real Estate Broker/Agent/Realtor 0 Q GRESH WALL Accounting/Tax Return Preparation Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor Q G) Engineer/Surveyor/Agent O O CIVIL ENGINEER JOHN SANDOW ENGINEERING Legal Services 0 Q PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete, true, and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or co ee in connecti "th this application. GEORGE LOIZOU 04/22/2025 Property Owner Name(Print) Pro rty Owner Signature Date Disclosure Statement I rev. M a y-2024 xs page 3 of 3 George Loizou Agenda Item 21 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. George Loizou Agenda Item 21 page 13 of 13 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #21 George Loizou Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 21 for George Loizou. Mr.Loizou: My name is George Loizou,and I wanna thank the planning staff for recommending approval for this application. This is the address 5033 Admiral Wright Road, which is in the corridor of Witchduck Road by Town Center. I understand this area zone, I-1, I understand the city has future plans for this area for more than just what we have at this time. So, but in the meantime, since I purchased this property, I do have to pay property tax and I need to find something to do with it while the city has big plans for this area. So, we are applying for a bulk storage for this site. The tenant is a national company, and it's been hired by the city this time to do work for the railroad to clean the debris for the city. So it is an international company. I did propose to put in a chain link fence, since that's was all around this area. I have pictures that as of two months ago, there's a property owner that did install six foot chain link fence with barb wire, couple blocks down the road, so,but anyway,I understand that,being a bulk storage,maybe we're putting a, a private fence would be more desirable. I did recommend a wood fence with some landscape being in front of it. I think the planning came back with vinyl or composite material, which,price in that is three times as much as a wood privacy fence. I feel that if we do landscaping in front of it, you won't be able to see the wood fence to start with. So I will still recommend for the planning to agree with, a wood fence, which is, more cost effective for the use and being an interim use. I understand that they approved it for no long, longer than five years for this site, which I'm okay with that. So I will still feel that a wood fence would be appropriate to accommodate this use. and then the other thing that, the city planning recommended is there is a street sign right now on this site, which I understand it's not part of the use, but usually when I apply for to add a building to the side,I understand the side. If it's taller,the city would recommend to lower it, and I'm okay with that. But right now,this isn't has nothing to do with the use of this properties bulk storage. So the sign, even though it's got a name on it from the prior owner, I did recommend to remove the letters and keep the sign as it is for future development or whatever we need to do to this property. So, that's another cause that I feel it wouldn't be necessary if we're, this use is not for forever. It's an interim use. So I don't think this sign has anything to do with, you know, interim use of,bulk storage right now. Ms. Cuellar: Thank you very much. Any questions for the applicant? Mr. Anderson: Thanks for coming down. what you're, assuming yeah, that we're going to, you know,the whole plan for that area is going to be redevelopment, so, correct. So what I'm hearing is you're hopefully going to be selling your property to a developer,so that's why you wanna spend less money on the fencing? Mr. Loizou: Well, yes, correct. I'm mostly, I own a few properties in that area. I could be the developer at this, you know, down the road. We don't know yet. But, right now in this area, I don't know if whoever is in the park, but we're hosting so many homeless people in this corridor that a fence is a must for everything in that area to eliminate the use, which I'm all for it. I'm not against that. So, but I, we just trying to keep the cost down to be able to put somebody there for the, time being, And then for future users, I'd be more than glad to exercise, taking signs down, taking whatever we got to do to accommodate that area. Ms. Byler: Hi. Welcome. I thank you. Appreciate the opportunity to talk with you. I am the Planning Commissioner for that area, and I'm excited about the growth, and I'm excited to hear you say you may be the developer. I would love to see you develop a mixed use. Building on this site now,do it now the city is spending millions of dollars. The state is spending millions of dollars to improve this area, and every time we backtrack and do something like a bulk storage, we're hurting the value of all of your parcels in that area,and we're delaying our project. So I personally will not support a five year bulk storage there. Now, I might be persuaded to do a two or three year bulk storage, but I will not support five years. I wish you'd develop it now, because that's where we're headed. I wanna be part of that exciting future with you. Mr.Loizou: Thank you for that. My goal is to assemble few more properties there,because some of them are requiring me to be, you know, as you can see, the yellow, that's already what I have accomplished owning. So here is another property that is right next to this property. So if I don't acquire that, it's going to keep me from, developing this area. So, I'm missing this parcel. So I would need a little bit more time to be able to inquire this property to have more, you know, area to be able to build something substantial. So,I've been there for almost 15 years and I understand your frustration and my frustration, but right now, I do wanna give you a copy of this because it's important that you do know this, and I am working with the city. Can I give you this? This is what we're facing right now on this side,and this is totally violations that you see the area that I'm Ms. Byler: So, my fellow Commissioners,I'm looking at pictures of homeless people. Mr.Loizou: Anyway,believe me, I'm here to accommodate this area and I'm all for the city,but, you know,I'm also, looking at my,expenses here,have to deal with homeless,paying property tax on a half a million dollar property. I need some kind of income because this is, I hate to say, but this is a five or 10 year, I don't think we are even close to even doing anything in this area. Less than five years. So, I think the building there, it, it put us behind five years. So that would, fortunately, it is putting the city a little bit backwards then forward if we are planning to do something in that area, but yeah, I don't even know what the city planning approve. I'm not sure if it's three or five years, whatever it is. I take whatever you guys recommend, but the reason I'm here right now is to see if you were okay to go with the fence. Mr. Plumlee: Mr. Loizou, can I just get clear with you? Because I just, I'm trying to clear up what your request is,because what's written in front of us and then what you're saying right now. So,just to be clear there on the plan, it shows shrubbery along the,the roadside. You would install that. Is that correct or correct?Are you saying you do not want to install? Mr. Loizou: No,no, I do. Mr. Plumlee: So I'm correct that you will have the shrubbery along the street sides. Then you're asking that the vegetation requirement to the south and the east that be removed and not be required? Mr.Loizou: On the south side,I'd be more than glad to do it because it's property that I own also, yes. Mr.Plumlee: Okay. So the south side, but not the east side. Is that fair? Mr. Loizou: Yeah. The east side is the property that is already in. Mr. Plumlee: Understood. I'm just wanting to make sure what your request is. And then you want to have fencing. That is wood fencing? Is that fair? And is that shown on the plan? I'm trying to find that. Mr. Loizou: It should be on the plan,yes. Mr.Plumlee: Okay. So that would be a wood fence is the request that you're making? Mr. Loizou: Yes. I would assume the -- Mr. Plumlee: Then you do not wanna have a sign. You don't wanna remove the sign. That's your request. Okay. I wanna make sure I understand exactly what you're asking us to consider. Mr.Loizou: I would assume the shrubbery not be that low where the company is a tree company. I will make sure that they put something substantial that it would buffer. You won't be able to see the wood fence. Ms. Cuellar: Thank you. Commissioner Camp? Mr. Camp: Yes, sir. Thank you for your time and for your explanation. Obviously, you have a piece of paper there that you sort of waived, but we haven't seen, and I'm not asking to see it, but this is the first I've understood the bigger context of what you're trying to do. In just a couple sentences, are you generally looking to acquire the block that would go back to Cleveland Street? Mr. Loizou: Correct. Mr. Camp: Alright. That's what, I mean, we're 20 feet away. I couldn't see it. It is fine. Can you give us some idea, are you halfway there in terms of what you own? Mr. Loizou: Well, yes. So far, I own the block from the Boulevard to Admiral, and then I'm a couple. Mr.Camp: Okay. So,would it be fair to say that you have a substantial investment in this vision of yours? Mr. Loizou: Yes. Mr. Camp: Okay. It is your assessment because you do understand the market. You've been there 15 years, you've been working on this vision that it may take you five years or so to be in a position to really put this together. Mr.Loizou: Yes. Mr. Camp: I mean,the economy withstanding and what have you, okay. Thank you for giving us this vision because it helps us understand the timeline. We had another one in this area recently that was not involved in the future vision. They wanted to stay and do a legacy business. Now I'm learning that's not you. That you are part of the future. Thank you, sir. Ms. Cuellar: Thank you. Any other discussion? We'll entertain a motion. Mr.Plumlee: I have a motion to prove the application to allow the sign to remain,to put up wood fencing as was shown, and that there would not be a requirement for vegetation on the east side. Those were the three changes. This is an interim approval. I'm making this motion because I believe while these plans are important as they're coming on, that it's also important that people can pay the bills and survive with some business in the interim. So thank you. Ms. Cuellar: Is there a second? Mr. Coston: I'll second. Ms. Cuellar: Second by Commissioner Coston. Any further discussion? We have a motion for approval from Commissioner Plumlee, seconded by Commissioner Coston. Clerk: The vote is open. By recorded vote of 9 to 1, item 21, George Loizou 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 Proffers/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 Bulk Storage Yard after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation for the Bulk Storage Yard shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturdays. 3. The outdoor storage area shall be fenced and screened as depicted on the Site Plan entitled, "5033 Admiral Wright Road", dated May 27, 2025, prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.This includes a deviation to only provide fencing along the southern and eastern property lines, rather than the Category VI screening required by the Zoning Ordinance around the entire perimeter of a Bulk Storage Yard. 4. A solid privacy fence of a maintenance free or low-maintenance material with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Site Plan identified above in Condition 2 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained along the north and west property lines. As noted in Condition 3, this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 5. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. The applicant shall remove the existing canopy signage and pole sign from the property prior to operating the site as a Bulk Storage Yard. 7. The storage of materials on the site shall be limited to the existing impervious areas and no additional impervious cover shall be added to 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. 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 & ALLOCATION COMMITTEE • DEVELOPMENT AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORICAL 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 • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • 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 M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT 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 19, 2025. CITY OF VIRGINIA BEACH A R SUMMARYOF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:08/12/2025 PAGE: I 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 F N N 1. CITY COUNCIUS BRIEFINGS A. HAMPTON ROADS TRANSIT LAND Amanda Jan"att, (Requested by Mayor Dyer and Vice Mayor Deputy City Wilson) Manager B. TIP FUND ANALYSIS Kevin Chatellier, Director—Budget and Management Services RESCHEDULED C. 333 LASKIN ROAD PROPOSED SALE TERMS Emily Archer,Deputy Director— Economic Development 11, CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Kaitlen Alcock, Planning Administrator G. MINUTES 1. INFORMAL AND FORMAL SESSIONS 11-0 Y Y 1" July 1,2025 APPROVED 2. INFORMAL AND FORMAL SESSIONS 11-0 1" Y 1' July 8,2025 Ii. CHANGE THE POLLING LOCATION FOR NO SPEAKERS PRECINCT 0093 Enoch Baptist Church Family Life Center to Good Samaritan Episcopal Church J.1. Resolution to REQUEST Oceanfront Retailers ADOPTED,BY 11-0 Y Y Y 1" Y Y Y Y 1" Y Y voluntarily remove indecent and/or vulgar t- CONSENT shirts from storefronts (Requested by City Council) J.2. Resolution to MOVE the November 11, 2025, ADOPTED,BY 11-0 Y Y Y 1" 1 Y Y Y Y Y Y Regular Meeting of City Council to November CONSENT 25,2025 J.3. Ordinance to DECLARE City-owned property at ADOPTED,BY 1 l-0 Y Y Y Y Y Y Y Y Y Y Y 302 22nd Street to be in the EXCESS of the City's CONSENT needs and AUTHORIZED the City Manager to enter 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(DEFERRED FROM JULY 8,2025) J.4. Ordinance to AMEND City Code Section 2-385 re ADOPTED,BY I l-0 1" 1" N" 1" N. Y Y Y Y Y Y application fee for annual short term rental CONSENT permits 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:08/12/2025 PAGE: 2 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.5. Ordinance to AMEND City Code Sections 12-41, ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 12-43, 12-43.1 and 12-49.1 re Fire Prevention CONSENT Code J.6. Ordinance to AMEND City Code Section 21-230 ADOPTED,BY 11-0 Y Y Y Y Y Y 1 1' Y Y Y re traffic calming CONSENT J.7. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager effective July 1, 2025 (Requested by CONSENT City Council) J.8. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y 1" Y Y Y Y Y Y Y Y Attorney effective July 1,2025 (Requested by CONSENT City Council) J.9. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y l' 1' l' l' Y Y Clerk effective July 1,2025(Requested by City CONSENT Council) J.l 0. Ordinance re the Compensation of the City Real ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Estate Assessor effective July 1,2025(Requested CONSENT by City Council) J.11. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Auditor effective July 1,2025(Requested by City CONSENT Council) 1.1,. Resolution to APPOINT Rebecca Pazanski to the ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y position of Deputy City Clerk II,effective August CONSENT 7,2025 .1.13. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y conditions in the matter of William F.Daddio and CONSENT Jean A. Gentry re closure of one-half of an unnamed, unimproved alley adjacent to the rear of 817 Vanderbilt Avenue in Croatan .1.14. 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 CONSENT 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 J.15. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT 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 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:08/12/2025 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 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N L N J.16. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a City-owned right-of way CONSENT 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 J.17. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $150,000 from the Virginia Department of CONSENT Emergency Management to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re equipment to improve 9-1-1 call processing J.18. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11.0 Y Y Y Y Y Y Y Y Y Y Y $75,000 from the Virginia Department of CONSENT Emergency Management to the FY 2025-26 Emergency Management Operating Budget re purchase of two (2) mobile security camera trailers J.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $14,884 from the Virginia Department ofCriminal CONSENT Justice Services (DCJS) to the Virginia Beach Sheriffs Office Grant Consolidated Fund re support wellness and resiliency initiatives for the Sheriffs Office personnel J.20. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y $12,121 from the Virginia Department of Criminal CONSENT Services (DCJS) to the FY 2025-26 Commonwealth's Attorney Operating Budget re Victim Witness grant K.1. KEVIN L.SULLIVAN TRUST for a Variance to APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Section 4.4.(b) of Subdivision regulations re lot CONDITIONED,BY width at 3840 Dawley Road DISTRICT 2 CONSENT K.2. ANDREA MORRIS / LYNNHAVEN MALL, APPROVED/ 11-o Y Y Y Y Y Y Y Y Y Y Y LLC for a Modification of Conditions to a MODIFIED/ Conditional Use Permit re outdoor recreational CONDITIONED,BY facility at 701 Lynnhaven Parkway DISTRICT 3 CONSENT K.3. HALL OF VIRGINIA BEACH VI,LLC/AUTO APPROVED/ II-0 Y Y Y Y Y Y PROPERTIES VIRGINIA BEACH VI,LLC for MODIFIED/ a for a Modification of Conditions to a Conditional CONDITIONED,BY Use Permit re motor vehicle sales and services at CONSENT 1875&1877 Laskin Road,and the parcel directly south of 621 Village Drive DISTRICT 6 K.4. VIRGINIA BEACH RESIDENCES, LLC / DEFERRED TO 11-U Y Y Y Y Y Y Y Y Y Y Y BAKER ROAD PROPERTIES, LLC for a SEPTEMBER 16, Modification of Proffers to a Conditional Change of 2025,BY CONSENT Zoning reconstruct a 375-unit multi-family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 K.5. JEFFREY&KARIN BARRETT/JEFFREY APPROVED/ 11-0 l l l' 1 1" 1 1' Y l' Y Y GEORGE&KARIN AUGUSTINE CONDITIONED,BY BARRETT JOINT LIVING TRUST for a CONSENT Conditional Use Permit re residential kennel at 2408 Needle Court DISTRICT 2 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:08/12/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.6. LAVAR HYMAN/ANNARINO APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ENTERPRISES,LLC for a Conditional Use CONDITIONED,BY Permi re car wash facility at 4859 Dolton Drive, CONSENT Unit A DISTRICT 3 K.7. TINT DADDY OF VIRGINIA BEACH,LLC/ APPROVED/ 11-0 Y Y } } Y 1' } Y Y Y Y CLEMSON JBS, LLC for a Conditional Use CONDITIONED,BY Permit re automobile repair garage at 4912 CONSENT Rutherford Road,Suite 101 DISTRICT 9 K.8. MALINDA LYON for a Conditional Use Permit re APPROVED/ 11-0 Y }" }" }" }" } } Y Y Y Y short term rental at 304 28'" Street, Unit 210 CONDITIONED,BY DISTRICT 6 CONSENT K.9. JE&JK LTD,LLC for a Conditional Use Permit APPROVED/ 11-0 }' Y Y Y Y Y Y Y Y Y Y re short term rental at 401 21' Street, Unit 3 CONDITIONED,BY DISTRICT 6 CONSENT K.10. DEBBIE ANDERSON / SHAUN & DEBBIE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ANDERSON for a Conditional Use Permit re short CONDITIONED,BY term rental at 2113 Atlantic Avenue, Unit 6-B CONSENT DISTRICT 6 K.11. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 104 re change Short Term Rental CONSENT Violations from civil penalty to criminal penalty K.12. Ordinance to AMEND City Zoning Ordinance APPROVED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 241.2 re Short Term Rentals ALTERNATE VERSION OF PLANNING RECOMMENDATION #21 BY CONSENT K.13. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 104 re civil penalties CONSENT K.14. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 106 re appeal period for notice of CONSENT violation K.15. Ordinance to AMEND City Code(Appendix B), APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Subdivision Regulations re update references to CONSENT the State Code and the Erosion and Stormwater Management Ordinance K.16. Ordinance to AMEND City Code(Appendix C), APPROVED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Site Plan Ordinance re update references to the CONSENT State Code and the Erosion and Stormwater Management Ordinance L. APPOINTMENTS RESCHEDULED 13 Y C O N S E N S U S 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 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:08/12/2025 PAGE: 5 R U T N H C L M li 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 a_L N APPOINTMENTS(CONTINUED) 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/INTERFACILTTY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD I Al.. RECESS FORMAL SESSION 6:30 PM OPEN DIALOGUE 5 SPEAKERS 6:49 PM RECESS TO CLOSED SESSION 6:55 PM RECONVENE FORMAL SESSION 7:33 PM CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y' Y Y Y Y 1' Y Y 1' Y Y �. ADJOURNMENT 7:34 PM