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9-16-2025 FORMAL SESSION AGENDA
4C'lN�'BE�c Z 2 2 {S 5 0 City of Virginia Beach "COMMUNITY FOR A LIFETIME �F BUR NAT\ON City Council Members Mayor Robert M. 'Bobby" Dyer bdver@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberiucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenlev@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1757-840-1821 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 Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias City Auditor Fax: 757-385-5669 Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda September 16, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:30 P.M. Jeff Waller, P.E., Chair— Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager—Jacobs Engineering II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 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 Don Jackson Veterans of Foreign Wars of the United States of America C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—SEPTEMBER 2, 2025 2. SPECIAL FORMAL SESSION —SEPTEMBER 9, 2025 H. MAYORS PRESENTATION 1. RECOGNITION —Sister Cities Association of Virginia Beach Visiting Students from Glenlola Collegiate Bangor, Northern Ireland I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to ADD Ocean Hills Neighborhood to City Code Sections 21-382, 21-353 and 21-384 and EXTEND the Sunset Date to April 5, 2029 re Residential Permit Parking (RPP) in the Historic Cavalier Shores Neighborhood (Requested by Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond and Schulman) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement to ACCEPT AND APPROPRIATE $8,775.00 from the Virginia Department of Historic Resources (DHR) to the FY 2025-26 Planning and Community Development Operating Budget and AUTHORIZE a $8,775.00 grant match re update National Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life Saving Station 3. Ordinance to ACCEPT and APPROPRIATE $669,568 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re administration of Virginia Task Force 2 4. Ordinance to ACCEPT and APPROPRIATE $216,870 in Aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2025-26 Fire Department Operating Budget re training, construction of training centers, firefighting equipment and protective clothing 5. Ordinance to ACCEPT and APPROPRIATE $51,129.38 and $1,533.88 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for floods in Texas 6. Ordinance to ACCEPT and APPROPRIATE $22,500 from sale of equipment to the FY 2025-26 Fire Department FEMA Administrative Grant re purchase of replacement vehicle for Virginia Task Force 2 rolling stock fleet 7. Ordinance to ACCEPT and APPROPRIATE $1.7,063.75 and $511.91 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for Tropical Cyclone Erin 8. Ordinance to CARRY FORWARD and APPROPRIATE $10,867,297 into the FY 2025-26 Operating Budget re purposes previously approved in FY 2024-25 9. ASHDON BUILDERS 1, LLC for a Certificate of Appropriateness re appeal of Historical Review Board Decision on application to modify#25-12 to install white vinyl fencing (DENIED) at 2508-2524 Peaceful Lane DISTRICT 2 K. PLANNING 1. DONNA D. HARRIS & BORIS G. DREW for a Variance to Section 4.4.(b) of Subdivision Regulations re lot width at 970 Whitehurst Landing Road DISTRICT 1 RECOMMENDATION: APPROVAL 2. GLOBAL MONTELLO GROUP CORP. for a Change in Nonconformity re relocate an existing nonconforming sign at 1689 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. MICHAEL L. McGLYNN &TRACI R. McGLYNN for a Change in Nonconformity re add a front porch and a 2nd story addition with balcony to an existing single-family dwelling at 311 35th Street DISTRICT 6 RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH RESIDENCES, LLC/ BAKER ROAD PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning re construct a 375-unit multi-family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 (Deferred from 08/12/2025) RECOMMENDATION: APPROVAL 5. VB FBDC LLC DBA FUNNY BONE DRAFT CADE / PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re install a 91 square foot sign at 4554 Virginia Beach Boulevard, Suite 100 DISTRICT 9 RECOMMENDATION: APPROVAL 6. CHARLESE HASAN / CEC FAMILY TRUST for a Conditional Use Permit re short term rental at 213 41h Street DISTRICT 5 RECOMMENDATION: APPROVAL 7. DAVID & DEBORAH DOWDY/ DAVID WAYNE & DEBORAH M. DOWDY for a Conditional Use Permit re short term rental at 423 211t Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. RICHARD F. DAVIS and RICHARD A. DAVIS for a Conditional Use Permit re short term rental at 304 28th Street, Unit 206 DISTRICT 6 RECOMMENDATION: APPROVAL 9. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2404 re Western Campus Overlay District RECOMMENDATION: APPROVAL 10. Ordinance to AMEND City Floodplain Ordinance Sections 1.3, 4.3, 4.10, 6.1, 6.3, and 6.7 re functionally dependent uses, residential construction requirements and grandfathering RECOMMENDATION: APPROVAL 11. Ordinance to AMEND the 2016 Comprehensive Plan / Master Transportation Plan re removal of a portion of Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way District 2 RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTAT►ON ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT (COG) REVIEW & ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 16, 2025. I. CITY COUNCIUS BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:30 P.M. Jeff Waller, P.E., Chair— Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager—Jacobs Engineering II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 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 Don Jackson Veterans of Foreign Wars of the United States of America C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—SEPTEMBER 2, 2025 2. SPECIAL FORMAL SESSION —SEPTEMBER 9, 2025 H. MAYORS PRESENTATION 1. RECOGNITION —Sister Cities Association of Virginia Beach Visiting Students from Glenlola Collegiate Bangor, Northern Ireland I. ORDINANCES 1. Ordinance to ADD Ocean Hills Neighborhood to City Code Sections 21-382, 21-353 and 21-384 and EXTEND the Sunset Date to April 5, 2029 re Residential Permit Parking (RPP) in the Historic Cavalier Shores Neighborhood (Requested by Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond and Schulman) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement to ACCEPT AND APPROPRIATE $8,775.00 from the Virginia Department of Historic Resources (DHR) to the FY 2025-26 Planning and Community Development Operating Budget and AUTHORIZE a $8,775.00 grant match re update National Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life Saving Station 3. Ordinance to ACCEPT and APPROPRIATE $669,568 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re administration of Virginia Task Force 2 4. Ordinance to ACCEPT and APPROPRIATE $216,870 in Aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2025-26 Fire Department Operating Budget re training, construction of training centers, firefighting equipment and protective clothing 5. Ordinance to ACCEPT and APPROPRIATE $51,129.38 and $1,533.88 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for floods in Texas 6. Ordinance to ACCEPT and APPROPRIATE $22,500 from sale of equipment to the FY 2025-26 Fire Department FEMA Administrative Grant re purchase of replacement vehicle for Virginia Task Force 2 rolling stock fleet 7. Ordinance to ACCEPT and APPROPRIATE $17,063.75 and $511.91 from Federal Emergency Management Agency (FEMA) to the FY 2025-26 Fire Department Operating Budget re Virginia Task Force 2 mobilization for Tropical Cyclone Erin 8. Ordinance to CARRY FORWARD and APPROPRIATE $10,867,297 into the FY 2025-26 Operating Budget re purposes previously approved in FY 2024-25 9. ASHDON BUILDERS 1, LLC for a Certificate of Appropriateness re appeal of Historical Review Board Decision on application to modify#25-12 to install white vinyl fencing (DENIED) at 2508-2524 Peaceful Lane DISTRICT 2 HIA a97, t4t, �i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to add the Ocean Hills Neighborhood to and Extend the Sunset Date of Article III, Division 5 of Chapter 21 of the City Code Pertaining to Residential Permit Parking in the Historic Cavalier Shores Neighborhood MEETING DATE: September 16, 2025 ■ Background: In 2019, the City Council approved a one-year temporary residential parking program in the Historic Cavalier Shores Neighborhood in response to concerns raised by the Cavalier Shores Civic League and its residents regarding on- street public parking on the 200 blocks of 43rd 44tt' and 45t" streets. The civic league was concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. The pilot program has been successful, and because construction of the hotel project continued, the City Council approved one-year extensions of the program in 2020, 2021 and 2022 and a three-year extension in 2023. The current extension ends on April 5, 2026. ■ Considerations: Due to the continued impact of parking by employees of the nearby three hotels, the condominiums, and more than half-a-dozen restaurants, an additional extension of the program has been requested, along with the addition of the Ocean Hills neighborhood to the program. This ordinance would become effective September 16, 2025 and extend the program for three years to April 5, 2029. ■ Public Information: Information regarding this ordinance will be provided through the normal agenda process. ■ Attachment: Ordinance Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Hutcheson, Remick, Ross-Hammond, and Schulman REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 AN ORDINANCE TO ADD THE OCEAN HILLS 2 NEIGHBORHOOD TO AND EXTEND THE SUNSET DATE 3 OF ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 4 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 5 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 6 7 WHEREAS, the ability of the residents of the Cavalier Shores Neighborhood to 8 park their vehicles on the street adjacent to or near their homes was severely impacted 9 by the multi-year construction associated with the Cavalier Hotel project, and now that 10 the three hotels and condominiums have been built, the ability of those residents to park 11 their vehicles on the street near their homes will be impacted by employees of the hotels, 12 condos, and restaurants who will want to park in the neighborhood; 13 14 WHEREAS, the City Council desires to address the unique needs of this historic 15 neighborhood by extending for three additional years the program it previously 16 established—separate and apart from the current Residential Parking Permit Program- 17 to continue to address the parking needs of Cavalier Shores residents. 18 19 WHEREAS, the City Council desires to address the parking needs of residents of 20 the Ocean Hills Neighborhood by adding this neighborhood to the same parking program. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That Article III, Division 5 of Chapter 21 shall provide as follows: 26 27 DIVISION 5. — Cavalier Shores and Ocean Hills Residential Permit Parking Pilot 28 Program 29 30 Sec. 21-382. - Definitions. 31 32 As used in this Division: 33 34 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 35 and shall also include mopeds and motorcycles, as defined therein. 36 37 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 38 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 39 43rd '/2, 43rd, and 42nd '/2 Streets; the north side of 42nd Street; the alley that 40 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 41 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 42 Avenue. 43 44 (c) Ocean Hills Neighborhood refers to all on-street parking on Ocean Hills Road 45 Ocean Cut Lane, Oakridge Circle, and Ocean Hills Court. 46 47 Sec. 21-383. - Parking restrictions. 48 49 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 50 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 51 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 52 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 53 Shores Neighborhood or Ocean Hills Neighborhood. 54 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 55 Shores neighborhood or Ocean Hills neighborhood, where notice of these restrictions 56 have been conspicuously posted in accordance with this division, for longer than a 57 four-hour period in any day unless there is affixed to the driver's side exterior surface 58 of the windshield of such motor vehicle a valid residential parking permit or a 59 temporary guest pass as authorized by subsection 21-354(b) hanging from the 60 rearview mirror. 61 Sec. 21-384. - Permits generally. 62 63 The City Treasurer or the city's parking management office shall issue residential parking 64 permits pursuant to this division in accordance with the procedures set forth in section 65 21-354. However, no permit shall be issued pursuant to this section for employee parking 66 in the Cavalier Shores Neighborhood or Ocean Hills Neighborhood. 67 68 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 69 VIRGINIA BEACH, VIRGINIA: 70 71 That the effective date of this ordinance shall be September 16, 2025, and that, 72 absent additional action by the City Council to the contrary, this ordinance shall 73 automatically sunset and expire on April 5, 2029. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12025. APPROVED AS TO LEGAL SUFFICIENCY: City AttorneA Office CA16959 R-1 August 27, 2025 �U �ti r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Subgrant Agreement with the Virginia Department of Historic Resources to Fund an Update to the National Register of Historic Places Nomination for the U.S. Coast Guard Station/Seatack Life Saving Station, to Accept and Appropriate Funding from the Virginia Department of Historic Resources, and to Authorize a Grant Match MEETING DATE: September 16, 2025 ■ Background: The Virginia Department of Historic Resources ("DHR"), the state historic preservation office, administers the U.S. Department of the Interior's ("DOI") Historic Preservation Fund ("HPF") in cooperation with the National Park Service ("NPS"). Under this program, the DOI specifies that at least ten (10) percent of Virginia's annual HPF program award be designated as pass-through funding to Certified Local Governments ("CLG") each year. The City of Virginia Beach ("City") is a CLG and is eligible to apply for these funds. The City's Department of Planning and Community Development submitted a CLG grant application in April 2025. The City received formal notification from DHR on August 14, 2025 that it was awarded a subgrant in the amount of $8,775.00. A match of $8,775.00 is required from the City. Grant funds will be used to update the National Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life Saving Station, which was originally listed in 1979. These early nominations satisfied scholarship requirements at the time but lack the same level of research and depth of information that are provided in nominations today. Updates to these nominations will better document the history of Virginia Beach and Princess Anne County, and will bolster long-term planning efforts, including disaster and resilience planning, for these valuable historic resources. ■ Considerations: The City is required to sign a CLG Subgrant Agreement with DHR ("Subgrant Agreement"). The terms of the Subgrant Agreement require the City to:1) provide a fifty percent(50) match in the amount of$8,775.00; 2) submit quarterly progress reports and a final report to DHR; 3) perform all work by August 31, 2026; 4) submit requests for reimbursement in the quarterly reports; 5) submit final product submissions to NPS; and 6) retain all financial and programmatic records related to the grant for three years. The Subgrant Agreement requires a local match of $8,775.00. The source of the match is already appropriated funds within the Department of Planning's FY2025-26 Operating Budget. 0 Public Information: Normal Council Agenda process. ■ Attachments: Ordinance, Grant Letter, and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A SUBGRANT AGREEMENT WITH THE VIRGINIA 3 DEPARTMENT OF HISTORIC RESOURCES TO FUND AN 4 UPDATE TO THE NATIONAL REGISTER OF HISTORIC 5 PLACES NOMINATION FOR THE U.S. COAST GUARD 6 STATION/SEATACK LIFE SAVING STATION, TO ACCEPT 7 AND APPROPRIATE FUNDING FROM THE VIRGINIA 8 DEPARTMENT OF HISTORIC RESOURCES, AND TO 9 AUTHORIZE A GRANT MATCH 10 11 WHEREAS, in April 2025, the City's Department of Planning ("City") prepared and 12 submitted a Certified Local Government grant application; and 13 14 WHEREAS, the City received formal notification from the Commonwealth's 15 Department of Historic Resources ("DHR") in August 2025 that the City was awarded a 16 subgrant in the amount of$8,775.00; and 17 18 WHEREAS, the City is required to sign a subgrant agreement with DHR ("Subgrant 19 Agreement"); and 20 21 WHEREAS, the terms of the Subgrant Agreement require the City to:1) provide a 22 fifty percent (50) match in the amount of $8,775.00; 2) submit quarterly progress reports 23 and a final report to DHR; 3) perform all work by August 31, 2026; 4) submit requests for 24 reimbursement in the quarterly reports; 5) submit final product submissions to NPS, and 6) 25 retain all financial and programmatic records related to the grant for three years; and 26 27 WHEREAS, the Subgrant Agreement requires a local match of$8,775.00; and 28 29 WHEREAS, the source of the match is already appropriated funds within the 30 Department of Planning's FY2025-26 Operating Budget. 31 32 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA, THAT: 34 35 1. The City Manager is hereby authorized to execute the Subgrant Agreement with the 36 Commonwealth's Department of Historic Resources to update to the National 37 Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life 38 Saving Station, in accordance with the Summary of Terms, attached hereto as 39 Exhibit A, and other such terms, conditions,and modifications as may be acceptable 40 to the City Manager and in a form deemed satisfactory by the City Attorney. 41 42 2. $8,775.00 is hereby accepted from the Commonwealth's Department of Historic 43 Resources and appropriated, with revenue increased accordingly, to the FY 2025-26 44 Operating Budget of the Department of Planning, to update the National Register of 45 Historic Places nomination. 46 47 3. A local grant match of$8,775.00 is hereby authorized from existing resources in the 48 Department of Planning's Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of September 2025. Requires an affirmative vote by a majority of all members of the City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU ENCY: B dget and Management Service orney's Office CA16960 R-1 September 4, 2025 EXHIBIT A SUMMARY OF TERMS OF CERTIFIED LOCAL GOVERNMENT SUBGRANT AGREEMENT ("SUBGRANT AGREEMENT") PARTIES: City of Virginia Beach("City") Commonwealth's Department of Historic Resources ("DHR") TERM: Subgrant Agreement expires on August 31, 2026 PURPOSE: To update the National Register of Historic Places nomination for the U.S. Coast Guard Station/Seatack Life Saving Station. TERMS: The Subgrant Agreement requires DHR to: • Provide a grant to the City in the amount of$8,775.00. The Subgrant Agreement requires the City to: • Provide a fifty percent(50)match in the amount of$8,775.00. • Submit quarterly progress reports and a final report to DHR. • Perform all work by August 31, 2026. • Submit requests for reimbursement in the quarterly reports. • Submit final product submissions to the National Park Service. • Retain all financial and programmatic records related to the grant for three years The source of the City's match is already appropriated funds within the Department of Planning's FY2025-26 Operating Budget. l 'Nt i Ia COMMONWEALTH of VIRGINIA Department of Historic Resources Stefanie K.Taillon 2801 Kensington Avenue,Richmond,Virginia 23221 Julie V.Langan Secretary of Natural and Director Historic Resources Tel:(804)367-2323 Fax:(804)367-2391 www.dbr.virginia.gov Thursday,August 14,2025 Mr.Mark Reed Historic Preservation Planner City of Virginia Beach 2403 Courthouse Drive,Bldg 3,2nd Floor Virginia Beach,Virginia 23456 RE:2025-2026 CLG Grant Agreements Dear Mr.Reed: I am pleased to enclose the agreement for your 2025-2026 CLG Grant for$8,775 for updating the National Register Nomination for the U.S.Coast Guard Station/Seatack Life-Saving Station, which was initially listed in 1979. Congratulations and we look forward to working with you on this project. Please sign the agreement and upload the document into Webgrants.Aubrey Von Lindern,Northern Regional Preservation Office,Department of Historic Resources,P.O.Box 519 in the next fifteen days. If you have any questions,you are welcome to contact Aubrey at(540) 868-7029. Sincerely, I Julie V.Langan Director Virginia Department of Historic Resources Western Region Office Northern Region Office Eastern Region Office 962 Kime Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond,VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax:(804)367-2391 Fax:(540)868-7033 e19C„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Additional Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: September 16, 2025 ■ Background: The National Urban Search and Rescue Team was established by the Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency for the task force. FEMA has continually provided funding to support personnel costs, equipment and supply purchases, facility leasing, training and travel necessary to maintain VA-TF2 at an expected level of response capability. To ensure that risk management, personnel and building lease costs would be appropriated for FY 2025-26, an estimate of these costs ($858,243) was utilized for the adopted budget until the actual amount of the entire FY25 FEMA Cooperative Agreement grant was made available. An additional $669,568 needs to be appropriated, based on the actual award. ■ Considerations: FEMA has awarded $1,527,811 to VA-TF2 for support of ongoing expenses for a 36-month period from October 1, 2025, through September 30, 2028. The grant does not require a local match. As it has in the past, the grant will continue to partially fund three positions 0.60 FTE for the Fire Department Battalion Chief who serves as the FEMA Program Manager; 0.80 FTE for an Account Clerk III; and 0.10 FTE for an Accountant II. The grant will fully fund 1 FTE for an Administrative Specialist II and one part-time (0.60 FTE) Training Manager. The grant also provides funding for the continuation of equipment replacement, supplies, training, formal exercise costs, and travel expenses. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: �`� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FUNDS FROM FEMA FOR THE 3 CONTINUED OPERATION OF THE VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $669,568 is hereby accepted from the Federal Emergency Management Agency 10 and appropriated, with federal revenue increased accordingly, to the FY 2025-26 11 Operating Budget of the Virginia Beach Fire Department, for the administration of 12 Virginia Task Force 2. 13 14 2. The continuation of grant-funded positions is conditioned upon future grant support 15 for such positions. 16 17 3. The City does not guarantee replacement of equipment purchased with grant 18 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City n s Office CA16963 R-1 September 3, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs MEETING DATE: September 16, 2025 ■ Background: Each year during the budget development process, the Fire Department estimates the amount of Aid to Localities (ATL) Grant funding that will be received from the Commonwealth. ATL provides Virginia cities, towns, and counties with population-based funds to pay for training, construction of training centers, firefighting equipment, and protective clothing. In FY 2025-26, the adopted budget included $2,354,749 in estimated revenue from the ATL Grant program. An additional $216,870 was allocated to the Fire Department by the Virginia Department of Fire Programs since that time, bringing the total FY 2025-26 grant award to $2,571,619. ■ Considerations: ATL Grant funds support the purchase of personal protective apparel, equipment, department training, and community outreach activities aimed at educating the public on fire safety. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:/e 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $216,870 in additional Aid to Localities Grant funding is hereby accepted from the 8 Virginia Department of Fire Programs and appropriated, with revenue from the 9 Commonwealth increased accordingly, to the FY 2025-26 Operating Budget of the 10 Virginia Beach Fire Department for training, construction of training centers, 11 firefighting equipment, and protective clothing. 12 13 2. The City does not guarantee replacement of equipment purchased with grant 14 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services t orney's Office CA16964 R-1 September 3, 2025 �� S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Texas Floods Deployment MEETING DATE: September 16, 2025 ■ Background: The National Urban Search and Rescue Team was established by the Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with Kerr County, Texas Floods, VA-TF2 sent two members with the Blue IST to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $51,129.38. In addition, the department is entitled to $1,533.88 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. The total cost of the deployment is $52,663.26. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: /01"V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TEXAS FLOODS 3 DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $51,129.38 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2025-26 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for floods in Texas. 12 13 2) $1,533.88 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2025-26 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for floods in Texas. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services 41tyy tto ey's Office CA16967 R-1 September 3, 2025 ktiL� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Revenue from the Sale of Equipment to the FEMA Administrative Grant MEETING DATE: September 16, 2025 ■ Background: Public Works' Fleet Management Division worked with the Fire Department to sell a 2013 Chevrolet Silverado 3500 Truck utilized by the Fire Department sponsored FEMA Urban Search and Rescue Task Force, VA-TF2, for $22,500. FEMA follows the General Services Administration (GSA) Vehicle Replacement Schedule, this truck met the replacement schedule's criteria. FEMA Cooperative Agreement Grant funds were utilized to purchase this vehicle, and therefore, General Fund dollars should not be used to replace the truck. The department has obtained permission from the FEMA Urban Search and Rescue Program Office to utilize the proceeds from the sale of this vehicle to purchase a replacement vehicle for VA-TF2's rolling stock fleet. ■ Considerations: Until the revenue from the sale of the vehicle is appropriated to the FEMA Administrative Grant, the funds cannot be used by Fleet Management or the Fire Department to support purchasing a new vehicle. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: �ft 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 REVENUE FROM THE SALE OF EQUIPMENT TO THE 3 FEMA ADMINISTRATIVE GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $22,500 is hereby appropriated from the sale of equipment, with revenue 9 increased accordingly, to the FY 2025-26 Operating Budget of the Virginia Beach Fire 10 Department, to the FEMA Administrative Grant to purchase a replacement vehicle for the 11 Virginia Task Force 2 rolling stock fleet. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an&Management Services —(Lttorney's ffice CA16965 R-1 September 3, 2025 ��Y J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Erin Deployment MEETING DATE: September 16, 2025 ■ Background: The National Urban Search and Rescue Team was established by the Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with Tropical Cyclone Erin in Puerto Rico, VA-TF2 sent one member with the Red IST to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was$17,063.75. In addition, the department is entitled to $511.91 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. The total cost of the deployment is $17,575.66. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:lp 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 ERIN DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $17,063.75 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2025-26 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Erin. 12 13 2) $511.91 is hereby accepted from the Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2025- 15 26 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone Erin. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services t rney's Office CA16966 R-1 September 3, 2025 IVA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $10,867,297 for Purposes Previously Approved in FY 2024-25 into the FY 2025-26 Operating Budget MEETING DATE: September 16, 2025 ■ Background: Section 7 of the FY 2024-25 Operating Budget Appropriation ordinance authorizes the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances made before the close of the fiscal year. In addition to this provision of the Operating Budget ordinance, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: ■ Funding was approved in FY 2024-25 to purchase a piece of equipment or renovate a small building, but due to extenuating circumstances, such as supply chain disruptions, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; ■ Funds were approved by City Council by a budget amendment or City Manager by an authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and ■ Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet City Council's General Fund fund balance policy of 8-12% of the following year's revenue. Budget and Management Services coordinates this process with the Department of Finance to ensure adequate fund balance within the fund. Finance includes a carry forward estimate in their preliminary un-audited financial results. In addition, the use of carry forwards is not typically intended to be a substitute for the budget process; as such they should not be used to re-appropriate "surplus" funds or to be used as an alternative source of funding from the current fiscal year to the subsequent fiscal year that is not in alignment with its original intended use. ■ Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: ■ Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; ■ Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for consideration; ■ The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; ■ Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; ■ Funding is available in the legal appropriation unit(as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and ■ The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $10,867,297. Of that amount, $5,760,638 is for the General Fund; $697,661 for the Storm Water Utility Enterprise Fund, $906,000 for the Water Management Enterprise Fund, $502,998 for the Information Technology Internal Service Fund, and $3,000,000 for the Tourism Investment Program Fund. ■ Public Information: Normal City Council Agenda Process. ■ Attachments: Ordinance; Exhibit A: FY 2024-25 Items Requested for Carry Forward into FY 2025-26; Capital Project Pages (2) Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager:/Y/W 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $10,867,297 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2024-25 INTO THE FY 4 2025-26 OPERATING BUDGET 5 6 WHEREAS, funding totaling $10,867,297 were unexpended at the close of Fiscal 7 Year 2024-25 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2025-26 Operating Budget. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 1) $10,867,297 is hereby appropriated in the FY 2025-26 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 15 2024-25 Items Requested for Carry Forward into FY 2025-26," with a 16 corresponding increase in revenue from each respective fund stated therein. 17 18 2) Of this amount, $4,363,161 is transferred as pay-as-you-go funding to the FY 19 2025-26 Capital Improvement Program to Capital Projects #100676 "Mosquito 20 Control Replacement" and #100074 "21 st Century Enterprise Resource 21 Planning" in the amounts set forth in the aforementioned exhibit. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement a ices it ne rs 6f fice CA16962 R-1 September 3, 2025 Exhibit A:FY 2024-25 Items Requested for Carry Forward into FY 2025-26 Department Amount Purpose Cultural Affairs $300,000 Call to Artists-An interactive public art installation supported by art and culture dedication. Public Works $721,650 Funding from VDOT is intended to purchase two specialized Mini Mac Striping vehicles. Public Works $691,022 Masterworks implementation and annual subscription. Planning $7,793 VA250 Commission unexpended funds from FY25 that can be used in FY26 by the committee. Public Works $3,860,173 Funding to support the increased cost of CIP 100676 Mosquito Control Replacement from the Stormwater dedication.Funds will be transferred to the CIP. Communications $180,000 Public engagement and outreach efforts for the 2025 Referendum as approved in late FY25. General Fund $5,760,638 Public Works $57,634 Funding to purchase an unmanned remote-controlled mower for maintenance of stormwater mana ement facilities and ditches. Public Works $453,779 Funding is intended to replace one tandem dump truck for use in Storm Water Operations. Public Works $186,248 Asset management program partially implemented in FY25 to be completed in FY26. Storm Water Utility Enterprise Fund $697,661 Public Works $325,000 Funding for Hazmat locker and installation. Public Works $581,000 Vehicle replacements for Waste Management. Waste Management Enterprise Fund $906,000 r`oriiaaon Technology $502,998 Funding to support the cost of CIP 100074 21st Century Enterprise Resource Planning from the IT. I Funds will be transferred to the CIP. Information Technology Internal Service Fund $502,998 General Government $3,000,000 Atlantic Park Pre-Stabilization Reserve not expended in FY25. Tourism Investment Program Fund $3,000,000 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100676 Title:Mosquito Control Replacement Status:Approved Category:Buildings&Assets Department:PUBLIC WORKS Ranking:0 Project Type t Project Location Project Type:New Facility Construction/Expansion District:2 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 4,154,276 262,500 3,891,776 0 0 0 0 0 0 Desciription and Scope project will fund a 7,500 square foot Mosquito Control facility that will house 75 employees and contain a kitchen,computer room,and laboratory.It will require 50 fleet vehicle spaces and 10 heavy/large equipment spaces. Purpose T e Pul5lic Wor s,Mosquito Control Facility=921797M its use u service i e.T e current aci ity no longer meets t e sa ety,programmatic,or ygienic nee as of incumbent staff.Insufficient restrooms are being supplemented with portables,and the septic system experiences frequent backup and failure from age related degradation and overuse. Insufficient chemical and laboratory management infrastructure poses a risk to citizens and City staff operating Mosquito Control,and inefficiencies caused by facility insecurity negatively impact the program's ability to manage disease-causing mosquito populations in Virginia Beach.Proper site management and storage refuse and aggregate material used in the mitigation of mosquito-prone areas is a Stormwater Regulatory requirement.Programs treating low lying areas and water sources in the City for Mosquitoes are regulated by the Commonwealth of Virginia.The relocation site has been selected and it is currently a city owned property.The current facility is unable to support the incumbent Public Works staff. History and Current Status This project first appeared in the FY 2024-25 CIP.It is supported by Public Facility Revenue Bonds and the debt service is expected to be covered by the existing Stormwater dedication in the General Fund. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/24-07/30 262,500 Furniture and Equipment 07/25-07/30 300,000 a Construction 07/25-07/30 3,329,776 b Contingencies 07/25-07/30 262,000 S t Total Budgetary Cost Estimate: 4,154,276 Means of Financing Funding Subclass Amount Public Facility Bonds 3,891,776 Local Funding 262,500 '`C,SQ�T R/OC �Rp • 100676 Total Funding: 4,154,276 a Q G A- i f Q FY 2025-26 TO FY 2030-31 118 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100074 Title:21st Century Enterprise Resource Planning(HCM) Status:Approved Category:Information Technology Department:INFORMATION TECHNOLOGY Ranking:0 Project Type Project Location Project Type:Technology District:Citywide 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 19,497,147 15,497,147 4,000,000 0 0 0 0 0 0 Description Implementation of a new Enterprise Resource System(ERP)Human Capital System(HCM)will bring best business practices for Human Resources functions including core HR administration tasks,recruiting,onboarding,learning,payroll,and benefits.It will also introduce automation to performance management and incorporate self-service,mobility features,and workflow functionality not available with the current system.Together,these best practices and features will improve the HR support needed by the City. Purpose and Need T e City 0 Virginia Beacti previous y use Orac a E-Business Suite EBS as its ERP system,T e ERP serves as t e IT ac one or t e City supporting Financia an Human Capital Management(HCM)functions.The Oracle ERP is now almost two decades old,and its functionality is threatened with obsolescence as Oracle moves away from EBS and promotes its newer cloud-based ERP solutions.In view of this and the need to improve its business processes,the City chose to upgrade ERP financial components to a Software as a Service(SaaS)solution,which will support the City ERP-Financial business processes into the future with best practices and modern features.The legacy ERP HCM functionality is threatened similarly,and this project will allow ERP modernization by replacing the current EBS ERP-HCM with a more modern and capable HCM solution. History and Current Status This project first appeared in the FY 2018-19 CIP.In FY 2021-22,this project received$4,355,824 in appropriations to date from various completed projects.In FY 2022-23,this project transferred$496,574 in appropriations to date to project PG100095 Enterprise Timekeeping and Scheduling.In FY 2024-25,funding totaling $1,225,577 was transferred to this project from various closed CIP projects.In FY 2025-26,$1,900,000 was transferred to this project from various closed CIP projects. Operating Aerating funding is needed for Workday licensing and maintenance. FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Total Operating Budget Impacts 0 1,031,572 1,199,515 1,223,357 1,247,677 1,272,485 Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/19-06/27 19,497,147 Total Budgetary Cost Estimate: 19,497,147 Means of Financing Funding Subclass Amount Local Funding 19,497,147 Total Funding: 19,497,147 NO MAP REQUIRED FY 2025-26 TO FY 2030-31 169 CAPITAL IMPROVEMENT PROGRAM rr Ow1t� .v..a y'�Tl u yy,a.ti =S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASHDON BUILDERS 1, LLC [Applicant & Property Owner] APPEAL of Historical Review Board decision on application Certificate of Appropriateness #25-12 to install white vinyl fencing in the North Landing Estates development (DENIED) for the properties located at 2508 - 2524 Peaceful Lane (GPINs 1494812269, 1494812282, 1494813115, 1494813037, 1494813060). COUNCIL DISTRICT 2 MEETING DATE: September 16, 2025 ■ Background: The Municipal Center is located within the Courthouse Historic & Cultural District, a zoning overlay established on May 12, 1969, to preserve and protect the historic, cultural, and architectural heritage of the Municipal Center and Courthouse Village. This area is significant as the seat of local governance in Virginia Beach and former Princess Anne County. Per Section 1303(a) of the Zoning Ordinance, a Certificate of Appropriateness issued by the Historical Review Board is required before any building or structure (including signs) in a Historic & Cultural District is constructed, altered, repaired, relocated, or demolished. On March 16, 2022, the Historical Review Board (HRB) approved Certificate of Appropriateness (COA) #22-03 for the demolition of four buildings on 2487 and 2489 North Landing Road to prepare for the development of a seven-lot single- family subdivision. On July 17, 2024, the HRB approved COA #24-09 for the new construction of seven single-family houses, named North Landing Estates, on a new road (Peaceful Lane) on the parcels subdivided from the former 2487-2489 North Landing Road. While the application for COA #24-09 did include a check in the Other box in the Fence section with the comment, "If installing fencing, the material will be white vinyl," the Brief Project Narrative in the application did not mention fencing, nor were supporting materials (description, product sheet, site plan with location, etc.) for the fence submitted with the application. The Staff Report and PowerPoint presentation prepared for COA #24-09 did not present a fence for HRB review. Similarly, the minutes for the June 18, 2024, HRB meeting do not note discussion of a fence installation, nor did the July 24, 2024, COA approval letter state approval of a fence installation for North Landing Estates. Department of Planning staff visited the North Landing Estates development on June 2, 2025, and observed that two long stretches of six-foot-tall white vinyl City of Virginia Beach Page 2 of 4 fencing had been installed. The developer was contacted by staff and informed that they needed to obtain a COA for the fence, as neither of the previously issued COAs for the project included approval for fence installation. The developer was also informed at that time that vinyl material is not considered appropriate for fences in the Historic and Cultural District. The developer submitted a COA application (COA #25-12) for after-the-fact consideration by the HRB for installation of two lengths of white vinyl fence in the North Landing Estates development, which was heard by the HRB on June 18, 2025. The HRB voted 5 to 0 to deny the COA based upon their determination that vinyl materials are not appropriate for fencing in the district. Via a letter to the Director of the Department of Planning dated July 18, 2025, the developer submitted a Notice of Appeal of the HRB's June 2025 denial. ■ Considerations: The Department of Planning staff member who managed COA #24-09 left City of Virginia Beach employment on September 19, 2024. There is no documentation of a discussion between staff and the applicant about the white vinyl fence noted in the file for COA #24-09. Since neither the concept plan nor the architectural elevations submitted included fencing, nor were any material information or specifications submitted for a fence, staff would not have considered the fence installation request to be a complete submittal. The proposed fence was not presented in the Staff Report for the July 17, 2024 HRB hearing, nor was it discussed by the HRB at their meeting or listed as approved in the COA letter. It is Staff's position that the fence was neither approved nor denied under COA#24- 09. In making their decision on COA application #25-12, the HRB took into account the presence of vinyl fencing in the Courthouse Historic and Cultural District. They recognized that it is present in the Courthouse Green development across North Landing Road from North Landing Estates. The COA#25-12 Staff Report informed the HRB that the Courthouse Green fence was approved in May 2011. In April 2011, the proposed fence design and materials (unknown) were not approved, and instead, the HRB approved a wrought iron fence with brick pillars. This decision was rescinded the following month, and the vinyl fence was approved; however, the reason for the change was not clear in the meeting minutes. The current standards and guidelines were not in use at that time. The HRB considered the precedent in Courthouse Green. They determined it was most appropriate to follow their precedent set on December 15, 2021, when they considered an application for modification of COA #20-06 related to the construction of a veterinary building at 2497 North Landing Road, a parcel immediately adjacent to the North Landing Estates development. The modification application proposed the installation of vinyl fencing. The HRB did not approve the vinyl fencing request, and the applicant agreed to install composite fencing, which has been completed. City of Virginia Beach Page 3 of 4 The Design Guidelines for Virginia Beach's Historic and Cultural Districts address vinyl fencing directly (pg. 124) under 7.1.2.3.A.c.i. — "Plastic, vinyl, barbed wire, and electrical fencing is prohibited." Vinyl fencing is generally not allowable in historic districts as it is not a good representative of historic character or aesthetic in material or design. Its synthetic material is visually incompatible with traditional historic materials. The Zoning Office has determined that a permit is required for the segment of the fence that was installed behind Lot 1, a corner lot; however, the applicant did not apply for a fence permit prior to installation. In addition, the entirety of the new vinyl fence on the west side of Peaceful Lane was installed in the right-of-way and, therefore, would require an Encroachment Agreement to be granted by the City Council. If a fence permit application or an Encroachment Agreement had been submitted prior to installation, the request would have been referred to Planning Administration for historic approval. Denial by the Historical Review Board of the COA #25-12 application was based on the use of an inappropriate material (vinyl) that is not compatible with the Historic and Cultural District. Although this material is present in the district, the proliferation of its use is not desirable and will diminish the historic character of the district. Further details pertaining to the application, Staffs evaluation, the Historical Review Board's consideration, and the applicant's appeal are provided in the attachments. ■ Recommendation: On June 18, 2025, the Historical Review Board denied the request to install a white vinyl fence in the North Landing Estates Development by a vote of 5 to 0 due to the inappropriateness of the materials. Staff recommends City Council support the Historical Review Board's decision. ■ Attachments: Letter of Appeal from Ashdon Builders, LLC, July 18, 2025 Decision Letter from the Historical Review Board, July 2, 2025 COA #24-09 Application COA #24-09 Staff Report and Disclosure Statement COA #24-09 Decision Letter Minutes of July 17, 2024 Historical Review Board Meeting COA #25-12 Application COA #25-12 Staff Report and Disclosure Statement COA #25-12 Decision Letter Minutes of June 18, 2025 Historical Review Board Meeting Section 1303 of the Zoning Ordinance City of Virginia Beach Page 4 of 4 Design Guidelines Pages 124-125 Submitting Department/Agency: Planning Department City Manager:/" 1 i SYKES, ROURDON, ERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M.AHERN SUITE 500 R. EDWARD BOURDON,JR. VIRGINIA BEACH,VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 MARK R. GARRETT JUl 18 MOLLY R. KISER Y , 2025 KIRK B. LEVY Email: aillccorkiel�sykesbotli'doil.coiii MICHAEL J. LEVY' HOWARD R.SYKES.JR. DAVID M. ZOBEL Via E711l11l;r'illt ii,ar)'(.n@i)(1goy.cogi &Hatid DdjET U 'Admmw In Vkgwia wW Wash qWn DC Kathy Warren, Director Department of Planning&Community Development 2403 Courthouse Drive Building 3, Municipal Center Virginia Beach,Virginia 23456 Re: NOTICE OF APPEAL of an Erroneously labeled "AFTER THE FACT" Application COA#25-12 denied by the Historic Review Board on June 18,2025 Dear Ms. Warren: This shall serve as NOTICE under Section 1303(c)(2) of the City Zoning Ordinance on behalf of Ashdon Builders,Inc. of its APPEAL of the denial on June 18, 2025 by the City's Historic Review Board("HRB")of a City mandated new application (COA #25-12) concerning existing installed fencing consistent with Aslndon Builders' Certificate of Appropriateness (COA #24-09) which clearly and unambiguously included on page 4 of 6 of the City's Application form for a COA under Proposed Materials (i) "Cladding/Siding" to which my client checked "q Other - All Hardie Plank siding in Lap, Shake and Board & Batten, with brick front accents"; (ii) "Windows" to which my client checked "� Other - Vinyl windows, already approved";and (iii) "Fence/Wall" to which my client checked Other-If installing fencing, the material will be white vinyl". At no point in time during the 2024 COA application review process did any City staff member or any member of the HRB ever question Ashdon Builders or express any concern whatsoever to them regarding their proposal to utilize white vinyl fencing. By contrast, scores of questions regarding the most minute details of this seven (7) lot residential development were asked of my clients who answered them completely, honestly and in good faith. Equally important is the fact that directly across North Landing Road and less than 50 yards west the Courthouse Green residential community,which I had the privilege of representing through the land use entitlement process (including before the HRB), has white vinyl fencing along North Landing Road! SYKES, BOURDON, AHERN&LEVY,P.C. Kathy M.Warren,Director July 18,2025 2 1 I'age The following are additional citations to facts and circumstances supporting our contention that Ashdon Builders participated and followed completely and in good faith the outlined process to apply and obtain Certificate of Appropriateness approval from the HRB and in reliance thereon expended tens of thousands of dollars acquiring and constructing attractive, high quality boundary fencing for this community consistent with all mandated governmental approvals and permits. 1. Procedural failure. Please see Items A-G below. Staff and the HRB failed to follow Design Guideline procedure pursuant to the Virginia Beach Historic & Cultural District Design Guidelines. This failure led to the 2024 approval and permitted installation of fencing on the part of Ashdon Builders, Inc. with the material and color stated on their application for COA #24-09. Subsequent to the complete installation of the perimeter fencing, City staff informed Ashdon Builders that the HRB did not approve the installed material type or color. The material type used was that which was stated on the COA application Ashdon Builders submitted and that the HRB approved at the 7/17/2024 HRB meeting. At the HRB hearing on June 18, 2025,staff did not provide the 2024 COA application which Ashdon Builders submitted for review by the HRB - only the staff report summarizing the application form contents which omitted the fence material type and color request. 2. Precedent within the District. Please see Item I. There is precedent for White Vinyl fence material within the district. There is white vinyl fencing in the Courthouse Green subdivision approximately 130'from the entrance to the North Landing Subdivision and surrounding the dumpster utilized by the Heirloom Restaurant directly across North Landing Road. • A - "Staff can assist the property ozviter with understanding the intent of the DG's [design guidelines] and the suhinission requirentents for application for a CON% It is staff's responsibility to assist the Owner in understanding the DG's. One (1) member of the HRB indicated at the June 18, 2025 hearing that in her view it was the developer's responsibility to do its due diligence, which implies without any evidence to support it SYKES, $OURDON, AIERN&LEVY,P.C. Kathy M.Warren,Director July 18,2025 that somehow Ashdon Builders shoulders the blame for a circumstance which they in no way created. • B-"COA Application". The application form is what the Owner fills out and completes in order to move to Step 3. • C - "Upon receipt of a completed application, the staff will reviern the material and will work with the applicant to ensure all ttecessa y infortttation leas been submitted... "complete application". "Complete application" is required: 1) in order for staff to schedule the application to be heard by the HRB on the meeting agenda, and 2) it's also indicated in the statute"Applications for a certificate of appropriateness shall be submitted to the planning director, who shall determine znitetlter the proposed building or struchure cottforttts to the requirentettts of the City Zoning Ordinance. No application sliall be deemed complete unless it contains sufficient itiformatioti for the platttting director to make such determination". • D - In Step 5 "The HRB is responsible for reviewing applications and staffports prior to the start of the HRB meeting". At the June 18, 2025 HRB meeting, it came to light that staff prepared and provided the HRB with its Report and Recommendation for the Board's review, however, the actual application itself,as submitted to the City by Ashdon Builders, for the July 7, 2024 COA as well as the June 18, 2025 COA was NOT included in the Staff Report provided to the HRB, as it should have been. Multiple opportunities for both staff and the HRB to disapprove the white vinyl fence material request were totally missed due to the failure of the HRB to handle that which is clearly their responsibility. • E - "Tlte HRB may vote to issue or deny a COA or continue an application... the applicant may be asked to revise the application... upon resubmission of the revised application". COA t#24-09 was approved at the 7/17/2024 HRB meeting with no objection or discussion of the fencing and certainly no denial SMS, BOURDON, AHERN&LEVY,P.C. Kathy M.Warren,Director July 18,2025 4 Page in writing by the HRB. Staff and the HRB seem to be treating the application form as if I is divorced from the staff prepared report on or the HRB's action on the Applicant's COA. The Design Guidelines suggest the obvious, that HRB is voting on the COA application along with the Staff Report which may include modifications or deletions which the applicant may be in agreement with or may seek to have the HRB modify or delete. Precisely why the Board has a hearing before they approve,continue or deny a COA. That is precisely why COA #24-09 does include the white vinyl fencing applied for by Ashdon Builders. • F - "the HRB sliall approve or deny a COA znithitt 90 days front the filing of a complete application". The HRB approved Ashdon Builders' complete COA application on 7/17/2024 with the fence material and color as requested. HRB apparently asserts that they did not approve the material because they did not discuss or vote on it as staff did not provide the actual application form any client submitted. Staff acknowledges that it was an oversight and a mistake on their part. Based on "D" above (and simple common sense) both staff and the HRB should have reviewed the application in its entirety (i.e. they and not Ashdon Builders,failed to do their DUE DILIGENCE). • G- "If the HRB finds that aft application does not meet the DG's they Luny issue a Denial of the request for a COA. The HRB ivill provide the applicant with the reasons for the denial in viriting". Ashdon Builders received approval of COA #24-09 at the 7/17/2024 HRB meeting. No denial of their Application's request in writing was provided for the fence material and color request. • H- Left Blank intentionally • I-In the fence section of the DG's appears this note: "Proposed projects should document similar fencing elsewhere in the district to shozv precedent". One cannot possibly miss the existence for at least 12 years of a White Vinyl fence within the SYKES, BOURDON, AERN&LEVY,P C Kathy A Warren,Director July 18,2025 51 Page district at Courthouse Green which is almost directly across the street from our Ashdon Builders' North Landing Subdivision. The white vinyl fence hi that community is approximately 130' from ours. • Finally, I have attached the statement which was read into the record by Mr.Cross at the HRB's June 17, 2024 hearing. I will standby to discuss with you the process for scheduling this matter. With best regards, I am Very truly yours, 6EdwBo�d- n,Jr. r. REBjr/arhm Enclosures cc: Dormie Cross, Ashdon Builders, Inc. H:\AM\Historic Review Board\Ashdon Builders\2025\Warren_Ltr 7-18-2025.docx REBjr/arhm WIMSYUS, BOURDON, gECE�vEo ATTORNEYS AND COUNSELORS AT LAW 4429 BONNEY ROAD Depe"fl"t SUITE 500 Q� �ing VIRGINIA BEACH, VIRGINIA 23462 RETURN SERVICE REQUESTED Kathy Warren, Director Department of Plannin;&Community Development 2403 Courthouse Drive Building 3, Municipal Center Virginia Beach,Virginia 23456 �MX:4111214 • •• .� • • 2.2 How do j Apply for a COA? -,m a=p:xetion no be heard by the�S?n,- '' � 2.3 'o 1 Appear� Ncjsion? :�hts next ave��abKr m^et:nc a^ends., ..tag w nc'.:" r STEP 1.DISCUSS G^OPOSED PROJECT WITH STAFF: the applicant and the public o- ::`c meeting dote, if the HRB finds thotKatt a tat Moe- not enter and prepare a staff report with recommendations for `^"'" During the early planning stages of a proposed P Pa Po • r the DGs,they may c,�:e a Denial of the request fOr pro ect, property owners and/or their design teem the HRB'-consideration,HRH meetings are advertised w;_ _ /� �a`^� pThe Hn wet provide the arliwnt with the are encouraged to contact the Preservation Planner and open to the publ'c. Note: f47 is for DISCUSS PROPOSED ila"" t~ee:oa---,:or the car in wtitim, V� (staff)with the Cary of Virginia Beech's Department of routine maintenance or one-For-one reps,,ment,Staff PROJE�i V;ITHSTAFF Coommtuniry Planning and Community Development.SaS 'C1a`i t*=-X may issue an administrative approval, which wil, be lot>meh An applicant choose to e V --rear- reported in summary to the HRB. r - " FIRS appeal the decision o! owrieL`"�'.'L+'_. -�A� � •� the RB by submitting o written letter to the Planning "' „�y' " • • _�•,• Director stating the grounds for the appeal within 30 i:ir r4 1'�Staff can also explo:n the entirety of the STEP 5-1-:2z2EV1f�M EAPDLICATION —+ me -•- days (sr• Zoning Ordinance 1303.c-2). The Planning review process he ping a property owner understand SITE VISIT: rya'` .•�""� -� = _ _,. Director will thin schedule the appeal to be heard by what to expect from the application through the HRB The 1.':co Ci(cspontr�k`'a reviewinS apc1: end�j COAAf'{' +( _ City Council,and must give notice of the meeting date ` repe is prior to the start of the HRB mietin meeting. P g• - at feast 21 days in advance of the matting(sea Zoning RS+aff may schedule a site visit to the subject -- ' - Ordinance 1303.c.3). The applicant will be given a sign STEP 2.COMPLETE&SUBMTT ZTFjXA3+ kTT CtV' property prior to the meeting when deemed necessary. to post on their property by the Plonn ag Director that An applicant must complete the CBh-et''aesT'.on„r�-•c- These site visits constitute a pub is meeting and muse states information regarding the scheduled meeting.includes basic project information era a cescription be advertised accordingly, --of the work. Applications should be submitted to the - — The applicant and any Person before the City City Preservation Planner,along with supp'emente STEP 6. MCAL I?•R'o MEET NG FORUAM. Council in opposition xci c/appea.the information including: The Ctur of the HRB cats the meeting to order. decision of City Councif to the Circuit Court by fiing Color photographs(site,exterior of building,etc) The HRB reviews agenda items n the order that a petition that states the alleged illegality of decisions • Concept 'ayout plans&site plans they appear on the agenda.Staff presents requests of City Council within 30 days of the City Council's Architectural elevations and/or renderings .noCng for COAs to the HRB, which then discusses and KESEIVATION decision(see Zoning Ordnance 1303,c.4). materials reviews each project PLA NERREYIEWS • Product specification sheets The HRB wilt allow applicants and other interested THEAPPLICATION Material ample- parties to speak during the meeting either in favor For signage,applications include location of proposed of or in opposition to the application. sign on a site plan and a sign plan with dimensions. The HRB utilizes the DGs to assure thot the intent r.u! ,irut 8y�::r•`• of the HCD ordinance is met and to determine SCfiEDULLNGOK • For demolition, applications include a structural 7NEHRBAGEKDA assessment(see page 159 for further information. '-whether proposed exterior work is appropriate for t jhe District and subject ptgPerty. STEP 3_ PRESERVATION PLANNER REVIEW )2_,__ /' The 'iec^ may vote to sue or deny a COA or • APPLICATION: app at en a future meeting. HRBR . c:.r,'usue crs x Upon receipt of�carrspieted applicatiort�}che Staff will. �=centinuttl.the applicant may(x asked to revise 1'f(EAPPLICA r �-- POSSIBLE SITE VISIT review the materials and will wort with t:�£applicant !11W p�erd resubmit to the Staff and HRB. ilea...-' -.-1 to erwrc all necessry info arnsat;on has been submitted: ��^ reiiu�.smission of the revised.apoGcaco:t,the SLsT4 may then request atonal information to ensure project will be scheduled for hoern_- at a ivture :appTcac:ort meeting. r. ,According to the City Zoning Ordinance Section INdG STEP 4.SCHEDULING OH THE HRB AGENDA: y303.c.5,:!^ HRB shal aplo or dema COAw shin t w Once the jppRcaT'+on Y vvs ;26rtijSW�, tzaF w77 y 90 days `rcrn the filling o. a _cmpletc app5cati,n. TypcelkennefahHRBmeetina, Fm:ure to approve or deny aril constitute a curial. 14 Yxgnia Beach Historic&Cultural Distrio:Design Gurdehies Chapter 2:Application&Revrew Prucrs Virginia Beach Hlstn &Cultural Datnct Crsyn Gv c.+ Chapter 2.Application P.Rer Process 15 PIURIX1.21• • 7.1.2 FENCES & FREESANDING WALLS -- B.New back and side yard fencing/walls: ^rc ° VAI 1. Back and side yord fencing/wells are considered f. preserve traditional fences, walls, and hedges. If 20hetroto be in any part of the yard not adjacent to comer of ma portion of the historical fencing Is deteriorated, str t_ the street and behind 20 feet from the rear keep ary salvage ab:c materiel and utilize it in thm r comer of the main structure(see illustration more prominent areas,replicating any material that A on previous page). is missing or bayond repair. I] ( /"' o. Height should not exceed 8 feet as allowed by the Zoning Ordinance. 2. Match historic fencing in height, material, and = b.Materiels can be made of living fence detall.If the same material or details con no longer be (hedges,shrubs,etc.),wood boards,brick, found,use:a simplified design but maintain a similar A wrought/cast iron. halght and material. sty..• i. Preftnished aluminum and chain link or other wire fencing should be allowed _ 3.For new fencing:Material,style,and height should _skeet as prescribed below. be in keeping with the district. Pr3pose$"pm)ecs; The yellow linos(listed"A)are the fence/well lines that are ii. Plastic,vinyl,barbed wire,and electrical shoulddooatw-c s.,.. . .elsawhasrc in L'te' <onsidmd front yard.The blue lines CGseedes'B'are the lance/ fencing is prohibited. W#sicttns1t�wrprvicedent.AMhendng and freestanding wall llnes that are considered bmk/side yore.20 feet from the mar It. If tall fences are tobe constructed,wood slats walls must meet the sircviaoats of the City of Yrginia cornerof the main structure isalso shown. at least 3/4'thick should be used to provide Beach Zoning Ordinance in Artide 2A,Sectors 201(c), adequate durability. Requirements for fence: and waffr. The guideline 1/� 3�., Ill.lf not visible from the public right-of-way, below offer further direction appropriate fortheHCDs: Y' s a �...;�� prefinished aluminum, chain fink, and other A.Nev, front yard fencing/walls wire fencing is allowed. I. Front yard fencing/walls are considered to be N.lf visible from the public right-of-way or in any part of the yard adjacent to the street if a precedent for historic resources exists, and side yards up to 20 feet from the near prefinished aluminum, chain link, and other comer of the main structure (see top, right a wire fencing is only allowed if used with a illustration), living fence in front of it. a. If the property is a corner lot, these standards apply to both street-facing The low brick wall with taller piers eacrlting thewalfcwryfs an =• � a I �� appropdaut sale and style. elevations. �y (1p s+�t C'` b. Hescht should nct exceed tecL ^f `f_ j n p CI coy s sett..-'wood boards,brick, r cnceTj Q'y LLB c. W aD.ucnolscast iron and chain link-or fot.'ner 1 its I �a wire'fxncing as orescribrd below, *,....... ....+cat..«.... �. i. plastic,vinyl,betted wire,and electrical fenc"ng s prohibited. 'iK a Y'Ss4 ief Y' ii. Chain link and other wire fencing is only allowed if used with a living fence between it and the public right of way, n,� , Wh a appropriate for the backyerd,this fence is tko high fa a f root yard. 124 Vrgina&salt H itoric f Cullvra Disen z O+;gn wdrf tics Chapter7•,Design Gude ne3 for Site,Sanrng,3 Sigt»ge Virginia Beach Historic III Cultural District Design Gwdelines Chapter 7:Design Guide roes for Site,Sexing,E Signage 125 rn Historic 8 Culture Distrrar in Historic 8 Cultural Distncts � II • ' l ..� .. �. 5.2 Maintenance,Repair,& Replacement Guidelines for Non-Contributing Properties The following sections address individual building 5,2,2 EXTERIOR ORNAMENT elements,and are followed by additions and accesscry structure on non-contribvting properties. ~1� Exterior ornament includes exterior doors,porches,trim, <„"""ejr(�"'t•• v and decorative detailing.&orrarucorrtribvtir etttrE'i 5•a• —: � :� � �. exterior trim is not required to be made of wood. O'-c—,vc'tc_- t',,:: r:sev appcv:on non—contributing Exterior wall materials and finishes of a non•histo^'.G. Stru=res inc!uda vinyl!, alurninum, or PVC products, structure should not detract from or overpower historic Extenortnm encompasses many exterior features,making materials in the district.The details of the exterior wall this a critical category for maintenance and care for materials create surface texture that impart the specf6c Virginia Beach.buildings. characteristics of their own time period"Maintenance and retention should teepees the character of the meter alz a Na ear bulid'ng o ehe wurtharse d-rnty t.0 MAINTENANCE& REPAIR GUIDELINES originally found on these non-con w tributing structures. nde..materials but inaway thatdoes not ovetpow ch.h'raaakc k materiels tound etsewhera in t}+e datr;a. 1.Exterior ornament must be routinely Inspoctodl. ^e MAIN1ENANCE & REPAIR GUIDELINES A.Routine inspections and on-going maintenance of .177 _ exterior ornament wil,greatly extend the lifespon ` 1. Routinefy inspect the exterior wall rnaterlab and of the material. finishes. S. Make note of areas where paint is peeling, mortar A.Routine inspections and on-going maintenance is deteriorating,or ornament is warped,as these extends the lifespon of the exterior materials. _, + are often signs of moisture infiltration. •''• •• • • S. Make note of areas where paint is peeling or r -•` rttorw is deteriorating,as the is often a sign of REPLACEMENT GMIDEJ,INES momure infiltration. r •. 1. if maerials are deteriorated beyced rrepalr, tfu � r 2. Retain existing material. • areas sf+ould be replaced In-Idnd. A.Only replace area. of damaged or deteriorated A.Alternative materials can be proposed if materials. Do not remove materials that are in aj "'-'- replacement is deemed necessary, see Chapter salvageable condition in order to reduce waste, a`y•+�..•e g for alternative materials for non-contributing KruC.UrC.. REPLACEMFNT 51UIDELINES 2.New exterior ia4wrc.may be appropriate for non- 1. If the existing exterior wall material requires contributing structures. replacement,It can be replaced in-kind. A.The location, placement, size, and orientation of new features on non-contributing structure: T 2. Considerations for alternative materials for non- _c. e -The windows and tiding of this 1960s apartment should be similar to but differentiated from those contributing sutictures and the mpiacement material building were In good condition and salvagable to retain it's unique style even though It is a non-contributing moume.The in the district. How chart found on;.ega14O can be used todetermine .pl"ementvirrylwindowsend metal fauxboan:14.d-battcnsiding B. Detailing of new features should not attempt to whet alternative rn--mriol is appropriate. am not inkeeping with its own tima period andchanges the look of replicate historic details found on contributing the building.Three types of replacement am not appropriate. structures in the district. 112 Y 3ln a 6eo<h Hetorc?.Cultural D,rtrrct Dever GuAe. ca Chaotar 5:Maintenance,Papalr,&Peplacement Standards for Virginia Beach Histond IS Cultural Dntnct Devgn Gwdelinta Chapter 5:Maintenance,Repw,,S Replacement Standards for 113 Non-contributing Properties Non-contnbuhng Ptopemu _ _� :- �� `' ���~ , . �: �.. . �,,,.� �`' 1 �� l� � � .�. �� ��; -�_; � � �z . :,. _� .;.;.-. ag �', . tl, 4 �r: ... 3 .:. ,.. '~ —� t .,: y " i� 1 i .��'* i .. S ,.. � ... ° Y � 1 r!. Good evening Staff and members of the Historical Review Board. in order to try and figure out how this situation went awry I began looking through some of the information provided by Staff as well as online resources. I made a few notes when looking through the Certificate of Appropriateness Application & Review Process on page 15 as noted in the Virginia Beach Historic& Cultural District Design Guidelines. All of the following is in relation to how the COA application dated 6/10/2024 and heard by the HRB and approved on 7/17/2024 was handled. Skipping ahead to Step 3. Preservation Planner Review of Application "Upon receipt of a completed application,the Staff will review the materials and will work with the applicant to ensure all necessary information has been submitted" "Staff may then request additional information to ensure a complete application" Step 4. Scheduling on the HRB Agenda—Once the application review is complete,staff will schedule the application to be heard by the HRB on the next available meeting agenda". It's important to clarify what is considered a completed applicatic:" as there are two important bullet points under Step 6:Typical HRB Meeting Format: "The HRB may vote to issue or deny a COA or continue an application to a future meeting" "the HRB shall approve or deny a COA within 90 days from filing vJ u complete application" Then from section 2.3 "If the HRB finds that an application does not meet the DG's they may issue a Denial of the request for a COA. The HRB will provide the applicant with the reasons for the denial in writing" The application submitted was given COA approval on 7/17/2024 and the language "if installing fencing, the material will be white vinyl" was on the application. Furthermore, according to Article 13. Historic and Cultural District sec. 1303 "Certificates of Appropriateness subsection b) states "The HRB may require submission of any or all of the following materials as part of an application: [indications as to construction materials]". The notation on the application clearly indicated the material we intended to if and when fencing was to be installed which was white vinyl material. Then in subsection c) entitled "Grounds for issuance and denial of certificate of appropriateness" section 2) covers the procedure for denial of an application: "The HRB shall state the reasons for denial in writing". There was no continuance for the fence material mentioned in the application nor was a denial in writing issued. CITY OF PLANNING & COMMUNITY DEVELOPMENT 4 /������� Historical Review Board Y Building 3, 2403 Courthouse Drive BEACH Virginia Beach, VA 23456 July 2, 2025 William D. Cross Ashdon Builders 1, LLC 321 Great Bridge Boulevard Chesapeake, VA 23320 Sent by email only to: donnie@oshdonbuilders.com Certificate of Appropriateness Application #25-12—Ashdon Builders 1, LLC— Request to construct privacy fence for North Landing Estates; Peaceful Lane, former GPIN 14948048930000— Courthouse Historic and Cultural District Dear Mr. Cross, On June 18, 2025, the Historical Review Board considered an after-the-fact application for a Certificate of Appropriateness (COA) for the construction of a white vinyl privacy fence in the North Landing Estates development on Peaceful Lane, (former GPIN 14948048930000). The Historical Review Board denied the request by a vote of 5 to 0. The denial is for the following stated reasons: • The Design Guidelines for Virginia Beach's Historic and Cultural Districts specifically prohibits use of vinyl material for fences. In its motion to deny the request to construct the vinyl privacy fence, the Historical Review Board acknowledged that a precedent for vinyl fence is present in the district and a staff error may have occurred during a previous COA (COA#24-09) hearing for the North Landing Estates development. At that time, staff did not bring forward the request for a vinyl privacy fence that was noted in the COA#24-09 application. As issued, COA#24-09 did not provide approval for a vinyl privacy fence. Ashdon Builders constructed a vinyl privacy fence along the development's eastern boundary, behind lots 1 through 5, and along the western boundary on the west side of Peaceful Lane. On June 3, 2025, staff informed Ashdon Builders the fence they constructed needed a COA. Review by the Zoning office determined that a fence permit was required for the section of fence behind lot 1, since it is a corner lot. Zoning also determined that the fence along the west side of Peaceful Lane was built entirely within the right-of-way and as such would require an encroachment agreement to be approved by the City Council (757) 385-4621 virginiabeach.gov/historicalreview July 2, 2025 William D. CrossPage 2 of 2 As was explained at the June 18 meeting, the Historical Review Board's decision may be appealed to the Virginia Beach City Council. The appeal process is outlined in Section 1303(c)(2) of the Zoning Ordinance. To initiate an appeal, provide a letter (not an email) to the Director of the Department of Planning and Community Development within 30 days of June 18, 2025. The letter must state the grounds for your appeal. The address for the Director of Planning is: Kathy Warren, Director Planning & Community Development City of Virginia Beach 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 If you need further assistance, please contact Mark Reed at 757-385-8573 or by email at MReed@vbgov.com. Sincerely, A�� Mark A. Reed Historic Preservation Planner MAR/ cc: William B. Cross (barrv@ashdonbuilders.com) HRB Building File (757)385-4621 virginiabeach.gov/historicalreview Certificate of Appropriateness Berich New Construction City of Planning & Community ,. Development Application Information A Certificate of Appropriateness(COA) is needed for any project that will affect the exterior of property located in one of Virginia Beach's Historic and Cultural Districts. Every month,the Historical Review Board (HRB) meets to review COA applications.(See the last page of this application for general meeting information.)The COA review process ensures that development or redevelopment in a Historic and Cultural District is compatible with its historic character. Projects that primarily involve new construction should use the following application. New construction includes: • New primary buildings or structures(e.g., houses, apartments,stores offices, etc.) • New accessory buildings or structures(e.g., detached garages,gazebos, etc.) • Additions to existing structures(e.g., porches, decks, new dormer rear sunroom,etc.) Complete the following application and follow the instructions on page 6 of the application to submit to HRB Staff.Once your application and supporting materials have been submitted,you will be contacted by the Planner assigned to the project who will assist you and/or your representative during the review process.There is no fee for applications for Certificates of Appropriateness. The HRB meets on the 3'd Wednesday of each month at 4:00 p.m. COA applications are due on the loth of the month prior to the month of the HRB meeting(ex due 10th of April for May meeting agenda). If the loth of the month falls on Saturday;Sunday,or a holiday,then applications are due on the first business day following the weekend day or holiday. Submit your application via email to PreserveVB@vbRov.com with the subject line "COA Application" and the project address.You can also drop off or mail the application to Elizabeth Nowak Department of Planning&Community Development 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452-7385 Project Documentation Drawings should be to scale and like drawings should use the same scale.All drawings should be sized to 11"x17"or 8.5"x11';•do not submit documentation on pages larger than 11"x17."Include all dimensions on drawings. Label drawings with cardinal directions(do not use "right"or"left"). Elevations and renderings should identify building materials and colors. ❑ Concept layout plan of new development ❑ Architectural elevations(in color,to scale)showing all elevations for new construction ❑ Sign package (if applicable) ❑ Recent color photographs, including a wide view that shows the project setting ❑ Material information and specifications(e.g., cut sheet, product brochure) Staff may request additional documentation,such as material samples, as needed. Page 1 of 2 ffimw Certificate of Approp ateness ri - New Construction City of Virginia ReachPlanning & Community Development Project Information Date: 06/10/2024 Name of Project: North Landing Estates Street Address of Project: 2524 Peaceful Lane Historic and Cultural District: Courthouse Property Owner Name: Ashdon Builders 1 , LLC Property Owner Mailing Address: 1321 Great Bridge Blvd., Chesapeake, VA 23320 Property Owner Phone Property Owner Number: 1 757-436-3757 Email Address: barry@ashdonbuilders.com Applicant/Representative*: Willlarn D. Cross (Donnie) *If different from property owner. This person should have the authority to commit changes to the project. Applicant Organization and Position: AShdOn Builders, Inc. Applicant Mailing Address: 321 Great Bridge Blvd., Chesapeake, VA 23320 Applicant Phone [757-508-7566 Applicant Email Number: Address: Bonnie@ashdonbuilders.com Type of New Construction (select all that apply): 8 Single-family residence ❑ Garage ❑ Multi-family residence ❑ Accessory structure ❑ Commercial building ❑ Addition to an existing structure ❑ Mixed-use building ❑ Other ❑ Institutional Building Page 2 of 2 Certificate of Appropriateness V" City of l oyinia Beach New Construction Planning & Community Development Are there other applications associated with this project?(e.g., Conditional Use Permit, Conditional Rezoning,Zoning Variance,etc.) *Yes ❑No If yes, describe below and include the application number.Attach an additional page if necessary. Previous Approval COA #22-03 112-15950 Land Disturbing Activity and/or Stormwater Management 112-15950 Right-Of-Way Improvements Brief Project Narrative Summarize your project. Include any information regarding signs, site improvements, or demolition. Attach an additional page if necessary. This application is for the design and construction of the 7 homes for North Landing Estates subdivision. We are submitting individual home color palettes and material locations for approval. Signage, site improvements and demolition have already been approved previously through COA#22-03. Page 3 of 6 v.04-2021 Certificate of Appropriateness V" City of Virginia Bmch New Construction Planning & Community Development V Proposed Materials If any materials are marked as 'Other,"please include a description in the project narrative on the previous page. Foundation @Slab ❑Block @Brick []Pier ❑Other Raised slabs with brick skirts. Cladding/Siding @Brick ❑Stucco @Lap Board @Shingle ❑Masonry other @Other than brick All HardiePlank siding in Lap,Shake and Board&Batten,with brick front accents. Roof @Asphalt []Cedar ❑Slate ❑Tile @Standing ❑Membrane ❑Other Metal Doors ❑Wood ❑Steel ❑Aluminum @Glass @Fiberglass ❑Other Windows ❑Wood ❑Aluminum ❑Aluminum ❑Fiberglass @Other wood-clad Vinyl windows,already approved. Lighting []Ground @Pole/Post @Soffit @Wall- ❑Other mounted Trim ❑Wood @Metal ❑ Composite @Other HardiePlank trim will also be used. Fence Wall []Wood ❑Metal ❑Brick []Stone ❑Composite Bother If installing fencing,the material will be white vinyl. Page 4&6 v:04-2021 X ID Certificate of Appropriateness V" •-itq of i ayinia Bosch New Construction Planning & Community Development Summarize any site improvements, landscaping, or other surface changes included with this project. This application is for the design and construction of the 7 homes for North Landing Estates subdivision. We are submitting individual home color palettes and material locations for approval. Site improvements, landscaping and signage will all be according to previously approved COA#22-03. I Sign Details Select all that apply. Sign Type See Section 210.2 of the Zoning Ordinance for definitions of sign types. ❑ Freestanding sign ❑ Projecting/blade sign ❑ Hanging sign ❑ Wall-mounted sign 8 Monument sign ❑ Other ❑ Pole sign Number of Signs to be Modified ❑ 1 ❑ 2 ❑ 3 Sign Illumination ❑ Non-illuminated M Externally illuminated,ground-mounted light ❑ Externally illuminated, building-mounted light ❑ Other Page 5 of 6 v 04-2021 Certificate of Appropriateness V City of VuTinia Beach New Construction Planning & Community Development - Historical Review Board (HRB) General Meeting Information HRB Meeting Date: The HRB meets on the Yd Wednesday of each month at 4:00 p.m. HRB Meeting Location: The HRB meets in Conference Rooms 1 and 2 in the Department of Planning and Community Development offices—2875 Sabre Street,Suite 500,23452. The applicant or a designated representative must attend the Historical Review Board hearing. Application Deadline: COA applications are due on the 101h of the month prior to the month of the HRB meeting(ex.due 1011 of April for May meeting agenda). If the 10`h of the month falls on Saturday, Sunday,or a holiday,then applications are due on the first business day following the weekend day or holiday. There is no fee for applications for Certificates of Appropriateness. Considerations: Only completed applications submitted by the application deadline will be considered for review.A completed application is defined by the following: • An application form with all sections of the application complete and with relevant signatures. • Completed applicant and owner disclosure statements. • Project documentation per the checklist in the application. Applicants are encouraged to discuss proposed projects with staff in advance of submitting project applications. HRB Staff Contact: Elizabeth Nowak, Planner II, (757)-385-3066 or enowak@vbgov.com or PreserveVB@vbgov.com Application Submittal: Via email at PreserveVB@vbgov.com or you may drop off or mail to: Elizabeth Nowak Department of Planning&Community Development 2875 Sabre Street,Suite 500 Virginia Beach, VA 23452-7385 Page 6 of 6 v.04-2021 Disclosure Statement XB City Of VhVirda Beach Planning & Community Development - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Ashdon Builders, Inc. Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. William D.Cross Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ NO • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) William B.Cross Arthur D.Cross,Jr. Robin V. Hirsch • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity' relationship with the applicant. (Attach a list if necessary) Ashdon Builders 1, LLC,Ashdon Builders 2, LLC,MCI LLC,506 Cavalier Drive LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 09.28.2021 Disclosure Statement W City of Virguua Aernh Planning & Community 0�� — F Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Jones, Madden&Council, PLC 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. F,ev;sed 09.28.2021 2 1 P a g e Disclosure Statement A& City of triwinia Bmrh Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes, identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. / r Applicant Signature ------------------------------- Print Name and Title William D.Cross,Vice President,Construction and Design Date (,p/7/,2� Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. applications.FOR CITY USE ONLY/All disclosures must be updated within three(3)weeks prior to any Public Hearing that pertains to the No changes as of Date Signature Print Name Revised 09.28.2021 3 1 P a g e Disclosure Statement X3 City of Virginia&axh Planning & Community Development Continue to Next Page for Owner Disclosure Revised 05,28.2021 41 ;a g e Disclosure Statement VB City of Virginia Beach Planning & Community Development Owner Disclosure Owner Name Ashdon Builders 1, LLC Applicant Name Ashdon Builders, Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes, list the names of all officers,directors, members,trustees, etc below. (Attach a list if necessary) William B. Cross Arthur D. Cross,Jr. • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Ashdon Builders,Inc.,Ashdon Builders 2 LLC, MCI LLC,506 Cavalier Drive LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? s"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 09.28.2021 5 I y Disclosure Statement W City of t irlmra Beech Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■ Yes ❑ No • If yes,identify the company and individual providing the service. Wainwright Real Estate,Jamie Roser 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO • If yes,identify the firm and individual providing the service. Jones, Madden &Council, PLC 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ No • If yes,identify the firm and individual providing the service. Land Planning Solutions, Inc. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes R No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the company and individual providing the service. Ashdon Builders,Inc. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ No • If yes,identify the firm and individual providing the service. Land Planning Solutions,Inc. - - -- 6 � - " Disclosure Statement V" City ojViryuna Beach Planning & Community 1441111, Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? K Yes ❑ No • If yes,identify the firm and individual providing legal the service. Sykes, Bourdon,Ahern&Levy, PC Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA, CBPA,Wetlands Board or any public body or committee in connection with this application. ---- --- Owner Signature ------ Print Name and Title William B.Cross, Manager Date 6/7/-'o3-t Revised 09.28.2021 7 1 P a g e z.� / . \\ }� » � - � - � »:��?\ . ..a . . :y. : •;` -..�.'k,�-� _: ys7 7.�,T4•- � I e t�µ_ �w,. Ii I:. '�S.' z" ftS ' f`4 '•rP 1 �t :3. r' xk d 1 fx`r PI, t rl,rf ?r; t • eta Ai S.. , t k- a � e 3, y n t rtv' e # t r f , Al`i : :s T Ri Y x.. } h� 4V 3 l . > r , IM Y w , i v-- Y `r. V G1�IA-BFAC J�4 >s G� 'its of Virginia Beach U a v 2 Up OUR NA�XQN V ftov om 2875 WREST,SUITE 500 DEPARTMENT OF PLANNING R COMMUNITY DEVELOPMENT VIRGNIA BEACH,VA 23452 HISTORICAL REVIEW BOARD March 25, 2022 R. Edward Bourdon, Jr. Sykes, Bourdon, Ahern & Levy P.C. 4429 Bonney Road, Suite 500 Virginia Beach, VA 23462 RE: Certificate of Appropriateness Application #22-03—Ashdon Builders I, LLC — Demolish four buildings and develop a seven lot residential development—2487-2489 North Landing Road - GPIN 1494804893 - Courthouse Historic & Cultural Overlay District Dear Mr. Bourdon: On March 16, 2022 a Certificate of Appropriateness was issued by the Historical Review Board for demolition of the existing house, garage, shed, converted barn, and miscellaneous concrete, the proposed layout, general house styles, and material palette for the development of a new seven-lot residential development subject to the following conditions and exhibits: 1. This Certificate of Appropriateness shall expire on March 15, 2027. 2. This Certificate of Appropriateness only approves the demolition of the existing structures; the general layout of the development; and the proposed material palette with the exception of the provided stone samples. Individual houses shall be submitted for review and approval by the Historical Review Board prior to construction to allow buyers to consider custom options for individual models and to confirm final material selection should materials included in this submitted palette no longer be available. 3. Signage shall conform to the standards set in Article 2(B) — Sign Regulations of the Zoning Ordinance. 4. Once construction is complete, the applicant shall submit photographs of the finished building elevations and site improvements (e.g., parking lot) to Historical Review Board Staff. 5. In the event of unanticipated archaeological discoveries, contact the Historical Review Board at (757)-385-3066 or(757)-385-8573 prior to continuing work. 6. Prior to making any changes to the proposed design, location, configuration, or materials that are subject to the issuance of a Certificate of Appropriateness, the Historical Review Board Staff shall be contacted. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. At the meeting on March 16, 2022, the following advisory comments were provided by the Historical Review Board for the anticipated future submittals for construction: 1. A strong preference against stone was expressed. Several Board members noted that stone is out of character in the Courthouse District, but a flagstone or fieldstone type of stone was especially inappropriate. It was commented that a cast or precast stone in limited areas might be acceptable, but the details of the material and the overall palette would need to be considered. 2. A strong preference against the proposed Metallic Copper and Matte Black metal roof samples was expressed by one Board member. 3. There was a preference stated at the meeting that any shutters on the houses be operational, but that, at a minimum, shutters should be proportioned to appear operational. 4. A preference for the Brandywine/Redland Brick; Millstone/Pine Hall Brick; Northampton/Triangle Brick; and the Shenandoah 4-423/Redland Brick samples was stated. Finally, there was some discussion at the meeting regarding the proposed finish of the fiber cement siding. While some Board members and Staff expressed a preference for a smooth- finished siding, the applicant presented an argument in favor of a faux woodgrain finish. The Historical Review Board made no formal advisory comment regarding the finish. If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at enowak(a)vbgov.com. Sincerely, Elizabeth Nowak Planner II CC: Barry Cross Donnie Cross Building File Attachments North Landing Conceptual Master Plan, Rev. 3/4/2022 North Landing Elevations, Rev. 3/4/2022 North Landing Conceptual Play Area, 11/4/2021 North Landing Signage and Lighting, Rev. 2/9/2022 Materials Palette North Landing fkZ4 � 4 Conceptual Master Plan 04+ / Virginia Beach,Virginia / ;R P� September 15, 2021 - Rev. March 4,2022 -N, SITE DATA: 2d3i Pi GPIN: 14948048930000 Current Zoning: AGt&AG2 o���ge / ' ry •� Overlay District: Historic&Cultural,Transition Area Total Site Area: 4.2656 a.c. Proposed Zoning: R-7.5 Min Lot Area: 75'- s.f. Min Lot Width: 75 Front Setback: e/ ?...SE From North Landing: 39 ` r `� From Internal Road: 36(Variance requested for 25') e Ju Side Setback: 5'&10' Rear Setback: 20' E / Total Lots Proposed: 7 3 / n\ Open Space Provided: +/_2.2a.c.or+/-52% (including+/-0.67 a.c.pond) X M1 Y s POLES TOTK / OR 521F 7MB SF \�;s �. PEOEST—NOCESS y E.E. S \ E +F� 0. VEI311EM FOR fj� E 7 \ ar e' Sa. sSr— _21 n 5'SIDEWALK '/ - •� --CURB g GUTTER(BOTH SIDES) MODIFIED 40'R/W SECTION ,y"'0„/ � WITH WALK ON ONE SIDE t ■15.57 ANNIN(T SOLL—NS -12 515]H\xnw1x\'n�.'Btw.Srz.'_0? 1 O]5)935 Wi IJ F']57915 91115 w wlxndpBxins.nlulnn�cnm 1 O SCALE:I'�JO' W,peS x r 5,kip I . s j :I x • ' � . A, k AM i 4 - r �,r,. a, � r. �,�,y a 'z' ., ��, r'-.- �"�. i, •. � sif ♦a �, �a a �.. ye, � � a l rp fir' •! � '�„�.' l '7+4 � �1 �l 'J71 .� �. .qa, ''-e .y � � �. +b,�o �� _ � � -_ '. � r �. •. �y.,fir.� -i. -� �,. 70 1 re - ..:..' �xR a .. $.} tf piy, �� J N ... ♦.i � ily. { 5 A'l�' �". 1�. ..;:�\` NVA � a —yp�J.J�� ,:i qr Pi o d i! ♦!! .'wr'yU + '� 1 "1Nr `. .wrt¢.1 .w 1 � _. North Landing Traditional Colonial The Traditional Colonial style luminalre is frequently used for urban streetscape and pedestrian lighting applications,as well i g n a g e and Lighting as for lighting parking areas,where greater vertical illuminance is desired and off-site light trespass is not a factor. Virginia Beach,Virginia September 15, 2021 Rev. 2.9.22 rror9. *iw spr . saa u �-K �c^([1. _ j �11 c- Traditional Colonial Type III LED (14'mounting height, direct bury fiberglass pole) r r L ,. r /� ✓ `r t /� SHENANDOAH-4-423,REDLeND BRICK CONC CAP BRICK FACING SIGN PANEL s WRAPPED AROUND E WALL 2.4' E � North Landing Estates FINAL NAME & LETTER STYLE 2.6' T.B.D. BY DEVELOPER e 11.2' BLAND P�MO SOLUTIONS Conceptual Entry Feature SUn 1L 23—Ml 013'I.M5.14 Ft3'/.9.i590I5 nwivh dpi.onmgrahtien.com TO: Elizabeth Nowak, Planner II 1 she/her This general material palette, with the City of Virginia Beach exception of the 5 stone samples, was Planning & Community Development approved under COA #22-03 on 3/16/2022. Planning Administration Division 2875 Sabre Street, Suite 500 Per Condition 2 of COA #22-03, final Virginia Beach, VA 23452 designs shall be submitted for HRB review (757) 385-3066 (Direct) (757) 385-4621 (Office) and approval prior to construction. ENowak@vbgov.com FROM: Ashdon Builders, Inc. William D. Cross Vice President- Construction and Design Office 757-436-3757 Mobile 757-508-7566 donnie@ashdonbuilders.com ashdonbuilders.com (rose@ashdonbuilders.com;c:757-651-5848) 03/03/22 Proposed materials for new construction: Ashdon Builders/ North Landing Estates/03-03-22/ page 1 of 3 North Landing Estates: ROOF: Architectual Shingles/ IKO Cambridge (10 sample colors) Aged Redwood Beachwood Charcoal Grey Driftwood Dual Black Dual Brown Dual Grey Earthtone Cedar Harvard Slate Weatherwood METAL ROOF Accents: Englert product (5 colors) Charcoal Gray Dark Bronze Mansard Brown Matte Black Metallic Copper Ashdon Builders/ North Landing Estates/03-03-22 / page 2 of 3 BRICK: (9 samples) Ashton Court Pine Hall Brick Blackmoor/ Pine Hall Brick Brandywine/Redland Brick Castle Grey/ Pine Hall Brick Millstone/ Pine Hall Brick Northhampton /Triangle Brick Oakton/Triangle Brick River Street/Triangle Brick Shenandoah 4-423/ Redland Brick STONE: Color/Profile/ Product (5 samples) Aspen/ Dressed Field Stone/ Boral Stone All 5 of these stone samples were excluded from Cremora/ EZ Ledge/Casa Di Sassi Stone the 3 16 2022 General COA approval. See Gola / EZ Ledge/Casa Di Sassi Stone advisory comments from the HRB. Matera / EZ Ledge/Casa Di Sassi Stone Niveo/ EZ Ledge/Casa Di Sassi Stone SIDING:Jamies Hardie Siding Products with ColorPlus Technology: (16 sample colors) Siding Profiles: Straight/Shake/ Board & Batten Artic White Boothbay Blue Cobble Stone Deep Ocean Evening Blue Iron Gray Khaki Brown Light Mist Monterey Taupe Mountain Sage Navajo Beige Night Gray Pearl Gray Rich Espresso Sandstone Beige Wood Stock Brown Ashdon Builders/ North Landing Estates/03-03-22/ page 3 of 3 MORTAR: (6 sample colors) Roanoke Cement Buff Roanoke Grey Roanoke Straw Roanoke Cement Straw Work Rite 2247A Work Rite 2380 SHUTTERS: Mid America: Raised Panel; & Board & Batten (7 colors) 002 Black 167 Bordeaux 036 Classic Blue 166 Midnight Blue 010 Musket Brown 018 Tuxedo Grey 004 Wedgewood Blue WINDOW TRIM /CORNER POSTS: Jamies Hardie Trim METAL WRAP/VINYL SOFFIT: Alcoa Trim: White; Desert Sand; Mastic Performance Metals: White; Almond; Cameo GUTTERS: White and Eggshell FRONT DOOR: (8 colors) Minwax Dark Walnut 2716 Stain Or match Mid America approved shutter color selected for home GARAGE DOOR: White 5120 Sonoma panel with Stockbridge top (No faux handles nor strap & pull hinges) COLUMN: White 10" Square (No decorative scroll accents) Agenda Item #24-09 A••licant: Ashdon Buildings, Property •• Builders• :•. • 2024 VS_ Historical • • Project Details Request Certificate of Appropriateness (New Construction) '�J` ti=`.AGE Staff Recommenda tion Approval "_ A0z Staff Planner Elizabeth Nowak 2 `' AG2 i Location - - AG1 2487 North Landing Road r GPIN nF 14948048930000 AG AC-2 \ 'ti � r , N � 1 err Ashdon Buildings, Inc. Agenda Item #24-09 page 1 of 33 Background SummaryofProposal • The applicant is requesting a Certificate of Appropriateness for individual building designs for seven lots that will be developed as part of the North Landing Estates subdivision. • A general Certificate of Appropriateness (COA#22-03) was issued by the Historical Review Board on March 16, 2022 that approved the demolition and site clearing of 2487 North Landing Road, as well as the conceptual layout of the new subdivision and a general material palette. Conceptual building renderings were presented at the March 16, 2022 meeting; however, the Historical Review Board required that the buildings come back for approval prior to construction. • The applicant is proposing seven individual designs to be constructed in the neighborhood: o Lot 1: Princess Anne o Lot 2: St. Croix o Lot 3: Grand Aruba o Lot 4: St. George o Lot 5: Galiano o Lot 6: St. Croix o Lot 7: Grand Aruba • When presenting to the Historical Review Board in March 2022, the applicant specified that no more than three of any one proposed model would be built and that no two houses of the same model would be constructed side-by-side.The applicant is proposing five different models and will repeat the St. Croix and Grand Aruba models. • Lot 1 is the corner lot that will have frontage on both the new lane and North Landing Road. The applicant has revised the plans for this house from a proposed brick house and is currently proposing a contemporary, vernacular interpretation of a Victorian farmhouse.The two-story house will have a porch that wraps the northwest corner with two exterior doors: one facing North Landing Road and the other facing the new street. Exterior embellishments are limited to decorative brackets, exterior lighting over the garage, and roofs over exterior doors and a set of windows on the primary elevation. • All houses are proposed to have front-loading garages to be accessed from the new street. Each house is proposed to have the same garage door by Wayne Dalton.The overhead doors will have Sonoma panels (a relatively flat vertical design) in a three-by-four grid. The top row will have two four-lite windows.They will have no decorative or faux straps or pulls. • Windows in all the houses are proposed to have a three-over-one configuration and will be single hung. They are proposed as vinyl units with grille-between-glass (GBG) simulated divided lites. A product cut sheet is provided on pages 22 and 23. Ashdon Buildings, Inc. Agenda Item #24-09 page 2 of 33 • Front doors are proposed with a quarter-glass, three-lite window at the top with two vertical panels. Front doors will be stained dark walnut. Side entrance garage mandoors will have a half-glass, three-by-three-lite window with two panels. Rear and side sliding glass doors are proposed for the Princess Anne.The remaining models will have full-glass, multi-lite doors. • A summary of the proposed house styles, materials, and color palette is listed in the below table. Photographs of the color combinations are included in the staff report below. Siding Accent Siding Brick Veneer Primary Roof Porch • . . • Hardie Lap in Board & Batten Charcoal Gray Dark Gray Princess Ann Pearl Gray in Arctic White Northampton (Asphalt) (Standing Seam) • Hardie Shake in Board & Batten Driftwood Driftwood Croix Light Mist in Evening Blue Blackmore (Asphalt) (Asphalt) • Hardie Lap in Hardie Shake Aruba Rich Es Driftwood Dark Gray Espresso in Cobblestone Shenandoah p (Asphalt) (Standing Seam) • - Hardie Lap in Board & Batten Driftwood Dark Gray Light Mist in Arctic White Blackmore George g (Asphalt) (Standing Seam) Board & Batten Hardie Lap in Charcoal Gray Charcoal Gray • in Arctic White Arctic White in (Asphalt) (Asphalt) • Hardie Shake in Hardie Lap in Driftwood Driftwood Croix Cobblestone Cobblestone Blackmore (Asphalt) (Asphalt) • Hardie Lap in Board & Batten Charcoal Gray Low Gloss Black Aruba Evening Blue in Light Mist Shenandoah (Asphalt) (Standing Seam) • Trim and band boards will be Hardie Trim and will have contrasting colors to surrounding siding.Trim will sit proud of the siding by approximately%2 inch. Appropriateness of - • The proposed layout is consistent with the previous approval. • The materials and color palette are consistent with the previous approval. Proposed materials are durable and good quality. • The overall aesthetic is similar and compatible with other recently constructed subdivisions in the Courthouse District, including West Neck Commons, Courthouse Green, and High Court Estates. Ashdon Buildings, Inc. Agenda Item #24-09 page 3 of 33 • There is a variety of housing styles proposed for this development which, despite its small size, will create and sustain architectural interest. Material changes and color changes between the two repeated models will differentiate them from each other. • The design proposed for Lot 1 uses features similar to ones found on the Kellam House and the farmhouse that had been located at 2628 North Landing Road. • The proposed color palettes are modern but compatible with other new construction in the Courthouse District. • While simulated divided lite windows with exterior-applied grilles more closely approximate historical window dimensionality, vinyl windows with GBG simulated divided lites have been used elsewhere in residential new construction in the Courthouse District, including the nearby Courthouse Green and West Neck Crossing subdivisions. Evaluation - • • • In Staff's opinion, these proposed designs are acceptable.The applicant has adhered to the materials and colors previously approved, and the overall proposed styles are consistent to what had previously been presented to the Historical Review Board. Staff notes that the proposed windows will be GBG simulated divided lites, which have been used in other residential developments in the Courthouse District and will have less dimensionality than exterior-applied grilles, such as those approved for the veterinary clinic that is currently under construction immediately adjacent to North Landing Estates. As GBG simulated divided liter have been used on other residential new construction, it is Staff's opinion that this is consistent with residential new construction in the Courthouse District, however, this development is much closer to the historic core of the district and recommends Condition 7 to use sculpted grilles rather than flat grilles to mitigate some of the flatness inherent with GBG applications. Similarly, each house is proposed to have a front-loading garage, which is due in part to both lot and floorplan constraints. While side-loading garages minimize the presence of vehicles and place greater focus on buildings and streetscapes, front-loading garages are found throughout the Courthouse District in new residential construction. Staff finds this to be consistent with the overall area and believes it will have a minimal effect on the district as they are interior to the development; driveway access is from the new lane, not North Landing Road, and while a few garage doors may be visible from North Landing before new trees mature, they will not distract from the Municipal Center. For a relatively small subdivision, the applicant has succeeded in creating variety in style, color, and material treatment. In addition to general style differences, the applicant is including single-story homes as well as two- story homes; this creates strong visual interest and reflects the varied residential character of the Courthouse District.The applicant states that while the proposed house plans are reversible, dimensional constraints of the lots make it infeasible to reverse plans while also providing driveways. In Staff's opinion, it would improve Ashdon Buildings, Inc. Agenda Item #24-09 page 4 of 33 the overall development if one or two of the repeated models were reversed, but as none are built directly adjacent to each other and the material and color palettes are all different, Staff does not believe this is a huge detriment to the overall project or the district. One major deviation from the designs originally presented to the Historical Review Board is the model for Lot 1, the corner lot with frontage on North Landing Road and the new lane.The new design, the Princess Anne model, bridges the more traditional styles found in the Courthouse District with the other contemporary models proposed for other lots. The house design is clearly inspired by other vernacular-Victorian farmhouses in the vicinity but does not attempt to present itself as a historic building. In Staff's opinion, positioning a more traditional style at the entrance to the development creates harmony between the interior of the subdivision and the rest of the historic district. For these reasons, Staff recommends approval of the request for demolition and new construction with the following conditions and per the following exhibits. Recommended Conditions 1. The houses to be constructed in North Landing Estates shall be in substantial conformance with the submitted elevations and color renderings as prepared by Ashdon Builders and dated July 11, 2024. 2. The proposed models shall be located on the lots as identified on the submitted elevations and color renderings as prepared by Ashdon Builders and dated June 7, 2024. 3. The pediment roofs proposed over secondary exterior doors on the Princess Anne Model (Lot 1) shall be deleted from the design and not constructed. 4. No more than three of any one model shall be constructed in the development. 5. No two houses of the same model shall be constructed side-by-side. 6. Materials used in construction shall be limited to the previously approved palette. 7. Windows shall be vinyl, simulated divided lites with grille-between-glass or exterior-applied grilles. Grilles shall be sculpted rather than flat. 8. Photographs of the completed construction shall be submitted to Historical Review Board Staff within three months of completion. 9. Contact the Historical Review Board prior to undertaking any unexpected repairs to confirm whether additional review is necessary. 10. Contact the Historical Review Board prior to implementing any revisions to the proposed buildings or any alterations to the site layout. Ashdon Buildings, Inc. Agenda Item #24-09 page 5 of 33 NORTH LANDING ESTATES Ashdon Builders APMOVED TO, North Landing ------------------------- Conceptual Master Plan I 1k."k K.—4 1�M— mh vsq��35,2w R—March4,2022 Silt DATA: P. C—dg"— 1 .1 CDA $7241, f*W j—,j �d op A APPROVED Lot 1 Princess Anne Model LOT 1:PFINCESS ANNE A, Lot 2 ST Croix Ranch Model Lot 3 Grand Aruba Model Lot o 4ST George Model Lot 5 Gatiano Model Lot 6 ST Croix Ranch Model A Lot 7 Grand Aruba Model LOT 4:ST GEORGE North Land-im); EstaleS Mi :Mm MAI LOT 5.GAI 1010 ROW LOT 7 GRAND ARUHA - 04 777 7 N 7 F"> 11 > (D Z3 0 c)- :3 (D FL (D m 0,Q 0 UJ LU I,0 NORTH LANDING ESTATES I Ashdon Builders NLE EXTERIOR MATERIALS throughout the community.[materials approved 03/16/2022] BRICK: Pine Hatt Btackmore,Redland Brandywine,Red land/Lawrenceville Shenandoah,Triangle Northampton - MORTAR: Roanoke Grey,Roanoke Straw 0 SIDING:JAMES HARDIE-Plank Lap,Select Cedarmill i Vertical Panel Board&Batten I Shake Shingle Straight Edge "� a. .a'....«W., w :K•� wn eBav---- «tu qoa • Arctic White,Cobblestone,Rich Espresso,Light Mist,Evening Blue,Pearl Gray,Night Gray • ROOF: IKO Cambridge Architectural Shingle-Charcoal Grey,Driftwood _� = STANDING METAL ROOF: Sheffield Metals,LowGtoss-Black,Dark Gray SHUTTERS: Mid America Board&Batten 4-Board Closed-Black FRONT DOOR: 2-Panel,3-Lite Door-Minwax Gel Stain,Walnut RIM l • GARAGE DOOR:Wayne Dalton,Sonoma panels with Stockbridge Glass top,No straps/pulls-White Brandywine Shenandoah Blackmoor COLUMNS: Square,no decorative scroll accents-White __- __ -_ _--____ • WINDOWS: 3-lite top with 1-pane bottom,White WINDOW TRIM/CORNER POSTS:Jamie Hardie-Arctic White r cM.bridQe odic. Bxnanlr vsw ywroaaw, METAL WRAP/VINYL SOFFITS: White GUTTERS: White or Eggshell 'ZZ ED®EDIE EDI ®r Ourgalm grill Irul �Li1�lIl1 I�lllt➢ll rr«�.�... Front-Door-2-Pand-:trtt-WALNUT NHM-B-Lat-Garage-eoer - - ------------- a I RICH-ESPRESSO ' -r— U 1 DLn dRC PC WHIR Bd 6 = 3 LIGHTAIKTBIB EVENING BLUE pi kI.p lavm,k. rD CL 0 Q :3 !1J W _0 rr C rD 1I :M 0rQ O tv Vt W O n W lD LOT 1: PRINCESS ANNE uEll, Filu L z�W Front Elevation 1/4"-1'0" Left Elevation 1/4" FID" r, El El - s _ f D Rear Elevation IA"=I'0" kight F.levatKm 1/4"=1'0" ` '2 D CHECK PRINT SCALE ((D � D Q � 7/11/2024 � � .a......�=erc.::..m:=ernr:�,,.a_...ran_:,,,,.��Y�sar.Rs�-�.:rx�:..-r.:sz.ar_.,.....raae.�zr.'a.3�s."^..sr.�:Lc:ut-....._...,..,....,,.......,..,....�....r_.,.....,..._.._....,.......,»...................._....._,.,�...,..�,..�,.,..w....._..... 'i Q. by Sy fD (D 3 00 *k 04 O IV v' -+, 41�A w O W l0 1? 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CROIX CLaq nTmm mrrml�1llllUl,IlilllllL m]uLGi � � � �z� . m�1lmmr9= zaw Front F.levaticm 14'=1'0" Left F.levatimi 1/4"=1'0" � E FF Rcar Elevation 1/4"=1'0" Right Llevntion 1/4"=17 D A4 D „ CHECK PRWT SCALE O r r o fD � � � 7l1IR02J � <; raa.as�irupse�.+�;��rx�r.�ae!rs..r.n__,�._.....;:.�rw.. .,.-,.;....,x+tt..-,s,,.�o..p:,�msts,r,:-a..r...s.r.�rss:ar_-......�..,.�.....e......,.,.,.."_,.............�.,�w,...............,"....�....,_.........��..s,.,.,.�.....,.....,........ ty r-r C m � Q (D 7 O N U A O -P. w O W l0 . .O S O rr O f!Q I lu M O O 'a O LA m m 44 (Y x h� r N LAP 5� LOT 3: GRAND ARUBA FP , ®"M® Front Elevation 1/4" 19" Left Elevation 1/4"- 1.0" JJ D I� I A6 y � � S mini Rear Elevation 1/4"=1'0" Right Elevation 1/4"=IT" r tD ONE 7/11/2024 '' �.iB:.:Ys'..3„"i»�.."i4.TM'dkF�^�S�9F...J1A"•:�FS.'t'�^::^�ix5l."..�.b!2'...SS'«..:t:Y.";.EFL-:-.7....,idY:F o"'3+Z.Y'-..:4:.....i...Sl3`...�.,r.,...a,.a.�.,..w�.....n....o..mw...^.�,.......�....e�......sar..w....,n.....w..wn.�w...�..��...,�..��...�..m�...^.....e. � h N N d A O 4�:h cu O � W l0 Photograph of Proposed Material Color Palette for Lot 3: Grand Aruba-- a� v 1 E m U o � Izi z . 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Ko Cambridge x N • I v � I .. • • e ' • r • D `A 0o Z3- rD CL Z5 O ,„ www.pineFtallbdck.ram SUBICT TO NORMAL SHADE VARIATION www.daypavartnm Q -0 CU W Otl rD —' N O_ N O lD r,t L' O N —tl 4�, W O n W l0 LOT 7: GRAND ARUBA _ wow =mm 3m mmmn w =EIMMKMM Front Eleti-ation 114" 1'0" Left Elevation 114" 1.0" 1 • i TII I D A14 D `^ � �� ItearElevation 1;4"=1'0" Right F,levation 114"=110" o z r fD CL 7/11/2024 O ' � ..,...._,:...:...:....,.._.�r....w ,......::..,�.�::::�u�w..�r�a+x��r..;u�:sc_..1-!,. .r s.r.-..arr.:s_.t:= „,..-.....,,...,...,.,...�,,..........,..w....,<.....,o...........,.......,,....«...,........._..,�......,,,.,.,........,._.,... 1L Co ty r-r C M O N O O :m OU O N =� ., 4�:- W O � W Co . • VQ • • '.Hama:4-423 SHENANDOAH ' 'Size: ENGINEER +TYPa;MACHINEDAO: 'e 1 s` d2ICK r `=, slKo Cambridge SEEM cu i MM %%j 1 a.aea.ea�am.�xo a,n..,rm sue; D D p nLut��h\Ls _ , O w Q � v � c 00 M Q N N � � 0 N cn W O � W lD Window • • uct Information r i • • • window .., 00 Popular with builders,contractors,and homeowners,these single-hung windows merge aesthetic qualities with energy- exterior and timeless color options with optimally placed metal reinforcements and a constant-forcp balance sy�tpm.these single-hurg windows provide beauty and long-lasting strength and performance for new and existing homes, } `f What you can expect ENERGY-Er"CIENCY Our dual-pane insulated glass helps save on heating and cooling costs while enhancing home comfort. In cool weather,it provides outstanding thermal performance to eliminate cold spots near windows. In warm weather,insulated glass reduces solar heat gain and minimizes interior glare. { CONVENIENCE AND STYLE . Brickmould exterior profile creates timeless appeal Surface-mounted,forced-entry-resistant locks provide a stronger,safer seal Full-length lift rail and constant-force balance system for easy opening and closing Tilt-in bottom sash for easy cleaning True-sloping sill optimizes water drainage and eliminates need for weep holes Easy sash and fixed glass removal for efficient drywall pass through during construction Optional window operating control device for enhanced safety By MITER BrandsTM vz000 se Ries /rtio of�s pass s asoo Ashdon Buildings, Inc. Agenda Item #24-09 page 22 of 33 Window • • uct Information Engineered to perform Create a customized look Welded,multi-chamber frame and sash Enhance your home's spaces with a variety Metal-reinforced lock rail and bottom sash finish options and grid configurations. Available frame styles:mounting fin,finless 31/"frame depth FINISH OPTIONS Integral 3-channel !%TERIOR NTCRIOR Available with 3 1/2I'flat casing and factory-applied drywall returns Wood extension jambs available for 49/LE'and 6 9/Ls"wall depths VVhft wN I Min and max sizing 1 MIN MAX MIN MAX CONTINUDUS HEAD&SILL(CH-MAX Twin 37'l<<' 74• Twin 17`/erall u-I 75%e' 1. Triple 35 74' !Each Winow: Triple (o, allur:a loB' 74' Avai n/9'increments.DP upgade required for arty unRgrearer Uar.04'tall. CHS a:a11ilaGle or.%%,CC%kX.arc COO ccnfic.iraticr<_ Energy efficient glass COMMON GRID TYPES Optional tempered glass adds additional strength and obscure or rain I glass allows light In while protecting privacy j low-E glass 0.33 29 Flat sculptured Simulated Grids Between- Grids-Between- Divided Lite Low-E glass with grids 0.33 0._- the-Glass the-Glass Argon and Low-E glass 0.29 0.26 Argon and Low-E glass with grids 0.29 0.25 Eateries paint rotaveilaolewi[h clay Irtarbr Hp Low-E glass 0.33 0.23 HPLow-Eglesswithgrids 0.33 0.20 Argon and HP Low-E glass 0.30 0.22 - Argon and HP Low-E glass with grids 0.30 0.20 29 Northern ENERGY STAWLow-E glass 0.3o 0.53 29 Northern ENERGY STAR"Low-E glass with grids 0.30 0.47 29 Note:allvalues Gasad on staroaro3/4-dual-Panensula glassunitunless—c etherwlse Q7�Q vz000 atraoL.-HUR. tLim Seeaddidanalproductmo SQLie1 0 1 warranty ir=stior oniinr M'« Build boldly bychoosing a range of Ml window and door Styles with expansive views,contemporary framing and hardware. miwindows.com/V2000 MILTSS-43WSH-07-23T.Cppydght2023.MITERBran.LLC,NIRights Raw d Ashdon Buildings, Inc. Agenda Item #24-09 page 23 of 33 Example of Stockton Garage Door (No strap hinges or handles to be used) Site • • ONE 3� Ashdon Buildings, Inc. Agenda Item #24-09 page 25 of 33 Site Photos v 1. y - r Ashdon Buildings, Inc. Agenda Item #24-09 page 26 of 33 Site • • I.5-Mr 0-0�, 4 a; q - sw� f-C Ashdon Buildings, Inc. Agenda Item #24-09 page 27 of 33 Disclosure Disclosure Statement 61g of Virginia Bwrn Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Ashdon Builders,Inc. Does the applicant have a representative? ®Yes ❑ NO • If yes,list the name of the representative. William D.Cross Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William B.Cross Arthur D.Cross,Jr. Robin V.Hirsch • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Ashdon Builders 1,LLC,Ashdon Builders 2,LLC,MCI LLC,506 Cavalier Drive LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 09.23.2021 1 Ashdon Buildings, Inc. Agenda Item #24-09 page 28 of 33 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,crass-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Jones,Madden&Council,PLC Michael Council 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. Revised 09.28.2021 2 I a g Ashdon Buildings, Inc. Agenda Item #24-09 page 29 of 33 Disclosure Disclosure Statement ary jisym;a��r Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title William D.Cross,Vice President,Construction and Design Date f /7/2y Is the applicant also the owner of the subject property? ❑Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ No B of Date Si;nature ;,cvrsed 09.28.2021 3 1 P a g e Ashdon Buildings, Inc. Agenda Item #24-09 page 30 of 33 Disclosure Disclosure Statement �( CVy ofYsybiu 8mdh . - Planning&Community Development Owner Disclosure Owner Name Ashdon Builders 1,LLC Applicant Name Ashdon Builders,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑NO • If yes.list the names of all officers,directors,members,trustees,etc below (Attach a list if necessary) William B.Cross Arthur D.Cross,Jr. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Ashdon Builders,Inc.,Ashdon Builders 2 LLC,MCI LLC,506 Cavalier Drive LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 09.28.20' 5 I , Ashdon Buildings, Inc. Agenda Item #24-09 page 31 of 33 Disclosure Disclosure Statement Planning&Community`� � tf� prl'It Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Wainwright Real Estate,Jamie Roser 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the firm and individual providing the service. Jones,Madden&Council,PLC Michael Council 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. Land Planning Solutions,Inc. J ll Hunter 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the company and individual providing the service. Ashdon Builders,Inc. William B.Cro.. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Land Planning Solutions,Inc. Jett Huentdina:, Revised 09.28.2021 6 1 r. Ashdon Buildings, Inc. Agenda Item #24-09 page 32 of 33 Disclosure Disclosure Statement '( Cvy of 4'°4�'n 8mc^ Vw Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing legal the service. Sykes,Bourdon,Ahern&Levy,PC R.Edward Bourdon.Jr.,Esq. Owner Signature 1 certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature -- Print Name and Title William B.Cross,Manager Date 617/2024 Re is?tl p928..'C121 7 1 P a g e Ashdon Buildings, Inc. Agenda Item #24-09 page 33 of 33 CITY OF PLANNING & COMMUNITY DEVELOPMENT V0 V I RG I N I A Historical Review Board BEACH 2875 Sabre Street, Suite 500 �'B —•`� Virginia Beach, VA 23452 July 24, 2024 Ashdon Buildings, Inc. 321 Great Bridge Boulevard Chesapeake, VA 23320 Sent by email only to donnie@ashdonbuilders.com. RE: Certificate of Appropriateness Application #24-09—Ashdon Buildings, Inc. —North Landing Estates: New Construction—2487 North Landing Road - GPIN 14948048930000- Courthouse Historic & Cultural Overlay District Dear Ashdon Buildings, Inc., On July 17, 2024 a Certificate of Appropriateness was issued by the Historical Review Board for new construction of seven (7) homes in the previously approved North Landing Estates subdivision subject to the following conditions and exhibits: 1. The houses to be constructed in North Landing Estates shall be in substantial conformance with the submitted elevations and color renderings as prepared by Ashdon Builders and dated July 11, 2024. 2. The proposed models shall be located on the lots as identified on the submitted elevations and color renderings as prepared by Ashdon Builders and dated June 7, 2024. 3. The gable roofs proposed over secondary exterior doors on the Princess Anne Model (Lot 1) shall instead be a hipped roof of the same scale. 4. The exterior garage man door proposed on the Grand Aruba model shall be moved to be centered between the two upper-story windows and shall be constructed as such on both lots planned for the Grand Aruba model. 5. No more than three of any one model shall be constructed in the development. 6. No two houses of the same model shall be constructed side-by-side. 7. Materials used in construction shall be limited to the previously approved palette. 8. Windows shall be vinyl, simulated divided lites with grille-between-glass or exterior- applied grilles. Grilles shall be sculpted rather than flat. virginiabeach.gov/historicalreview July 24, 2024 Ashdon Buildings, Inc. Page 2 of 2 9. Photographs of the completed construction shall be submitted to Historical Review Board Staff within three months of completion. 10. Contact the Historical Review Board prior to undertaking any unexpected repairs to confirm whether additional review is necessary. 11. Contact the Historical Review Board prior to implementing any revised plans for exterior alterations to the building or site. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at PreserveVB@vbgov.com. Sincerely, Z / Elizabeth Nowak Planner II Enclosure: Site Layout (Approved under COA#22-03) (1 page) Material Palette (Approved under COA#22-03) (1 page) Approved Colored Building Renderings for the Proposed New Dwellings (7 pages) Approved Window Product (2 pages) Approved Stockton Garage Door(1 page) cc: Ashdon Builders 1, LLC Building File (757)385-4621 virginiabeach.gov/historicalreview NORTH LANDING ESTATES Ashdon Builders ` A . o North Landing m«wr.rM«. ------ Conceptual Master Plan ----.�"" — . ,w- P.A„ W";„smo.mos rs mix �..Narth 4,M3x PYnrwyAieunib ,.c«,..,.M (x ans.rewwx rr.son SITE,DATA: P« (a.ramon 7 d CDA 072-05. (InN I � 3 a r'wpt+wr f�SA*$-it ION, �YWwdM�l [nnrNu<1bn. AM APPROVED J• � ..`\ MiMn B�W I1orkN Rerr 6n�,tl � ' \ Vit Pt r fw�YNtbM wtl�T Lot 1 Princess Anne Model Lot 2 ST Croix Ranch Made[ LOT 1:PR;NCESS ANNE Lot 3 Grand Aruba Model • � r �r .,.t '��X y�;� '\ , Lot 4 ST George Model u l "_ , \�\���\ \�` \• Lot 5 Galiano Model ? �`'ws�i`� � �\ �•� Lot 6 ST Croix Ranch Model � Lot 7 Grand Aruba Model I -. � .•:;r�sue- •t��" !I • r i LOT 4:ST.GEORGE _ _ LU 1 2.U 1.CKt: 1 Or 3:'GRAND ARUBA fill; 0 i 4. Am JOV11,11 rr A a .. .... ' - .' O.. LOT 5:OALNNO !� ® mww *r LOt DC'8:8T.CROW LOl T.GRANDAI?VBA - - �'` ,} <,� a O # D 's,: i 1 ' D in4 (D Q D O 3 3 v 03 v ' O N —+ A W O n W l0 NORTH LANDING ESTATES I Ashdon Builders NLE EXTERIOR MATERIALS throughout the community.[materials approved 03/16/2022] BRICK: Pine Halt Blackmore,Redland Brandywine,Red land/Lawrencevitte Shenandoah,Triangle Northampton MORTAR: Roanoke Grey,Roanoke Straw ' • 0 ,..,...„, e.<. SIDING: DAMES HARDIE-Plank Lap,Select Cedarmill i Vertical Panel Board&Batten I Shake Shingle Straight Edge � "` "° "" " ""'"' F�,u��=«=.a • Arctic White,Cobblestone,Rich Espresso,Light Mist,Evening Blue,Pearl Gray,Night Gray N • ROOF: IKC Cambridge Architectural Shingle-Charcoal Grey,Driftwood STANDING METAL ROOF:Sheffield Metals,Low Gloss-Black,Dark Gray • SHUTTERS: Mid America Board&Batten 4-Board Closed-Black FRONT DOOR: 2-Panel,3-Lite Door-Minwax Get Stain,Walnut Boom 1».r<.— nael ,."'e. GARAGE DOOR: Wayne Dalton,Sonoma panels with Stockbridge Glass top,No straps/pulls-White Brandywine Shenandoah Blackmem COLUMNS: Square,no decorative scroll accents-White WINDOWS: 3-lite top with 1-pane bottom,White WINDOW TRIM/CORNER POSTS:Jamie Hardie-Arctic White itockbndoe Orrl METAL dhr.gh. �. WRAP/VINYLSOFFITS:White GUTTERS: White or Eggshell _EI ED®(MIS 03ME]' Erma W11II]ENN ME ail 13 t-__j—Mj fronteoo.-2-VknN-31RrWALNt1T NHITE-9-Lae-Gaisge-eoor - ----- - -- i RICH-ESPRESSO- D N SP.0 C WHIR BkB 3 LIG IR WST BaB EVENING BLUE plank lap 61 wrN.» (D 0- 0 rD � W rF �_ J fV orq O w O w I . LOT 1: PRINCESS ANNE u F u o�H � . w Front Elevation 1/4" 1'0" Left Elevation IA" I'll" 17-1 I �> xy vi 1—f-7r-T— um 7�IBM A D Rear F.levatinn I/4"=1'0" Right Elevation 1/4"=1'0" `'2 D CHECK PRINT SCALE ((DD fl 1� ■ r 7/11l2024 O � �"r. Q _. (D 3 0 m O N vt W O W lD LOT 2: ST. CROIX LJ 199 r+ Imnom omta>r If II1lID Ca F. . Front F.levati<m UV=1'0" Left Elevation 114•-VW • f it Rear Elevation 1,/4"=1'0" Right Llmation 114"=110- Dy A4 �D Ln CHECK PRNT SCALE o t•r r r lD CL ��� 7/11/2024 7 f ..,.^:sasfuu..-. r.:e+rx�:.•ar...�.m�a �r:.cu�tu-�tu:A..•xw±a^m,cr:,arc...rt.r.xa....-asr_.x.r..,a..:_ .,..,.....,............ ..._..........................�..,........�...,.......,.....�.,.....�...,_ >Z ty rt C fD 3 fl. N 7� O N 0A O_ .1p. W O W 1.0 P1 Colored Building Rendering for Lot 3: Grand Aruba SlIVIS3 S � 0(�IiQNIV'i sx�crinia �C � H1110K Q Per Condition 4, the exterior X, i garage man door �— shall be centered between the 2 upper-story \ 7 windows. m r4 S s i e E I b B is R N 9x 1 7 W aab�� O J Ashdon Buildings, Inc. Agenda Item #24-09 page 12 of 33 LOT 4: ST. GEORGE i i • 1 OFF'- Zo • mmm�mmmmmmn � c�� mmrri rrmr�mmtmmrmim �Q w Front Elevation lA" 1'0" Lett Elevation 114" 1'0" D D AS Rear Flevation V4"=1'0" Right Elevatirm 1,4"-110" CHE., K PRINT SCALE ^..:W.:ssx,�r..: - ...+�,..:*e•c r^:�rxwr_..v-*.a�.:�.r++.:r:., ��.,- ..:ar,»rzr_•r.•r..r.:•..:::tr_-- - Q W uq m Q I� 7 A u Oq O N v W O n w l0 LOT 5: GALIANO IF 1-11 --- - Front Elevation 1.4"--I'U" Left Elevation 1/4"-1'0" 1 � -- -.._ .-- - ------ ---- D Rear L•Ievation 1/4"=1'0" Right Llevation 1i4"=1'0" A• 10 OD CHECK PRINT SCALE r M Q- �� 7/11/2024 � � :.u-.�gr�a¢:ss•:maw.-sal.c:.:r�:..�.r:•�tcrsvv�crty:r:r:arr.^•.atx..sra•:J:s�.�aeter�'axaecvrasus.,^.an„synt;r...........�..,.a............,,,..«......r....,��.��.........,...........................,,...•.. .�...,...�..,......... Q -0 -. (D M _Q I" 7 O N to W O W lD LOT 6: ST. CROIX TM MTT mm n 7f 1 O Ca H Rana mll®u- ��w rnmt Flevatkm 1 4" M., Left Elevation 114'—1.0' Cv< Rcar Elevation 1`4"=1'0" Right Elevation 1%4"=IV DF Al2 q S C HECK PRINT SCALE (D CL' r '� 7I11/2024 � O � esa--:zsnsus::sr.:sc°�:.rsr,�:�x_�s�+aerry�ru...az.!,.�-...:ac..•.:���.r._•sin�wxin+.:.:-as.r.-rcrr:.uuwr....,_.._..W.............v.,...«.,.,.,.._..,......�,,..._...�.,..........."........,.._......�.«,,..>,.,,,,.,_...,.....,....,«,_ Q 7 W 3 1 00 N aq 0 W O W lD Colored Building Rendering for Lot 7: Grand Aruba S91VIS3 9NiUNZvll a Per Condition 4, _ G the exterior garage man door shall be centered 3 'L between the 2 upper-story windows. s CU 1� f g�g 4 C I a t � � 9 s I I= m 0 _ A � i _oil o o s� Ashdon Buildings, Inc. Agenda Item #24-09 page 20 of 33 Window • • uct Information I � Lj • • • > Single-hung window A single-hung windows merge aesthetic qualities with energy- efficient attributes.Combining a traditional brickmould Popular with builders,contractors,and homeowners,thes6 I lip— reinforcementssingle-hung windows provide beauty and long-lasting strength - and performance for new and existing homes. 4l What you can expect NERGY-EFFICIENC`: Our dual-pane insulated glass helps save on heating and cooling costs while enhancing home comfort. In cool weather,it provides outstanding thermal performance to eliminate cold spots near windows. In warm weather,insulated glass reduces solar heat gain and minimizes interior glare. CONVENIENCE AND STYLE Brickmould exterior profile creates timeless appeal Surface-mounted,forced-entry-resistant locks provide a stronger,safer seal Full-length lift rail and constant-force balance system for easy opening and closing Tilt-in bottom sash for easy cleaning True-sloping sill optimizes water drainage and eliminates need for weep holes Easy sash and fixed glass removal for efficient drywall pass through during construction Optional window operating control device for enhanced safety ''j W,ITEI7 l3 YA ncls" V2000 SERIES.!MODELS 1258 C 4200 Ashdon Buildings, Inc. Agenda Item #24-09 page 22 of 33 Window • • uct Information Engineered to perform Create a customized look Welded,multi-chamber frame and sash Enhanceyour home's spaces with a variety Metal-reinforced lock rail and bottom sash finish options and grid configurations. Available frame styles:mounting fin,finless 31'"frame depth FINISH OPTIONS Integral J-channel EXTERIOR INTERIOR Available with 3 2/2"flat casing and factory-applied drywall returns Whit Whka •Wood extension jambs available for 4 she"and 6 she R"wall depths XTR alg„ EXTR„algR Min and max sizing r~ x )1 MIN MAX MIN MAX 16 W 48• 23' 78' CO NTIN VOUS HEAD 6'.SILL(CH9)•MAX no me 37%' ]4' - T.I. (C. Twin irT 11 Uri'1 75N 74' Black Matte Triple 35-le 74• !Each WinWw) Tripic (:-11 Uri•J 108' 74' --able N 116'increments.DP upgrade regvireo lo,arty—1,greater Nan e1 ut OLS available on XX,00.XXX and 000 conllguratiors. Energy efficient glass COMMON GRID TYPES Optional tempered glass adds additional strength and obscure or rain glass allows light in while protecting privacy. No I Low-E glass 033 0.28 29 Flat Sculptured Simulated Grids-Between- Grids-Between- Divided Lite Low-Eglasswithgrids 0.33 0.25 29 the-Glass the-Glass Argon and Low-E glass 0.29 0.28 29 Argon and Low-E glass with grids 0.29 0.25 29 e Extadw Paint rot nllble w1N cby Irler'Ior HP Low-E glass 0.33 0.23 29 HP Low-E glass with grids 0.33 0.20 29 Argon and HPLow•Eglass 0.30 0.22 29 Argon and HP Low-E gl ass with 9 rlds 0.30 0.20 29 Northern ENERGY STAR-Low.E glass 0.30 0.53 29 Northern ENERGY STAR'Low.E glass with grids 0.30 0.47 29 Note:all values basao or standard 3W dual-pane Mwleted glass unit unless notes cmarwlse $O See additional product and 0 warranty informaticr.online. Mle Bu i I bo Id ly by choosing a range of Ml window and door styles with expansive views,contemporary framing and hardware. miwiMow om/V2000 MIt3S5-43005H-07.23 C Copyright 2023.MREO aranda.LK-NI Mg Ms ga-0 Ashdon Buildings, Inc. Agenda Item #24-09 page 23 of 33 Example of Stockton Garage Door (No strap hinges or handles to be used) _ Planning & CITY OF VIRGINIA BEACH Community HISTORICAL REVIEW BOARD Development DRAFT MEETING MINUTES Wednesday, July 17, 2024 4:00 P.M. Planning and Community Development 2875 Sabre Street, Suite 500 Approved as Amended September 18, 2024 Members Present Steve McNaughton, Chair; Dick Poole,Vice Chair Hayden DuBay, Lynn Hightower, Bernice Pope,Jim Vachon Members Absent Mary Ann Schmidt, Damian Seitz City Council Liaison Barbara Henley City Staff Liaison Present Elizabeth Nowak City Staff Present Alexis Bailey, Kristin Bauer Applicants/Applicant Representatives Attending Rosa Ashdon, Donnie Ashdon Jr.,Jamie Ashdon (COA#24-08) The meeting was called to order at 4:05 p.m. by the chair, Steve McNaughton. Minutes Mr. McNaughton asked the members to review the minutes from the June 20, 2024 meeting. Dick Poole made a motion to approve the minutes as presented. The motion was seconded by Jim Vachon. The minutes were approved by a vote of 4 in favor, 0 against, and with 2 abstentions by Bernice Pope and Lynn Hightower as they were absent at the June meeting. 1 Certificate of Appropriateness Application#24-08—Ashdon Builders 1 LLC—Request to construct 7 single-family dwellings; 2487 North Landing Road GPIN 1494804893 —Courthouse Historic and Cultural District Elizabeth Nowak gave an overview of the application.This applicant had previously received a COA from the board for demolition of existing structures on the property and for the overall layout of the proposed seven-lot residential subdivision.The current application is for the final designs of each house to be constructed, as was conditioned in the previous approval. Ms. Nowak summarized each proposed design,focusing on alterations made to two of the models: the Princess Anne, which is proposed on the corner lot at the entrance of the development, and the Galiano, which had previously been proposed for the corner lot and has been relocated to the center of the new lane. She noted that the Princess Anne draws heavily on vernacular Victorian design and is highly complementary to existing and past houses on North Landing Road. Changes made to the Galiano model are primarily associated with material cladding and colors. Ms. Nowak noted that Staff and the applicant had questions about a small overhang treatment proposed on an exterior garage man door on the Princess Anne model. The applicant proposed a gable/pediment treatment. Mr. Poole said that he preferred a shed roof or a similar hip roof as shown on the bay windows on the front of the house as a gable treatment would be very prominent. Ms. Pope said that she preferred having an overhang to having no protection of the door and that she had a slight preference for a gable. In reviewing the elevations, color schemes, and proposed material combinations for the remainder of the designs, few concerns or questions were raised by board members. Ms. Pope raised concern about the location of an exterior garage man door on the side elevation of the Grand Aruba model and requested that it be relocated to be centered between the upper story windows.There was general agreement from other members. Mr. Poole made a motion to approve the application with Staff's recommendations in the staff report. Mr. Hightower seconded the motion.There was discussion to clarify whether the motion included the modifications requested to the overhang on the Princess Anne model and the side doors on the Grand Aruba models. Mr. Poole amended his motion to include the following two conditions in addition to the Staff's recommended conditions: 1) center the exterior garage man doors on the Grand Aruba models between the upper story windows on both constructed models and 2) use a hip roof of the same scale as currently shown on the exterior garage man door of the Princess Anne model. Mr. Hightower seconded the motion. There was no additional discussion. The motion passed with a vote of 6 in favor and 0 against. Staff Update Ms. Nowak shared a general reminder that those with upcoming October term expirations need to submit reappointment request forms to her as soon as possible to be remitted to the City Clerk. 2 Old Business The board reviewed the draft Annual Report for FY24. Mr. Hightower noted that the expiration date for his current term was incorrectly notated. Mr. Poole and Ms. Pope asked that a recommendation be included to City Council regarding the appointment of a second liaison for the board to help provide additional coverage when liaisons cannot attend meetings due to scheduling issues. As the board had also raised concerns at the June meeting that City Council often only heard from the Historical Review Board when an appeal was pending, Ms. Nowak also suggested that the board work an annual briefing to City Council into its regular annual schedule.There was general agreement to that and it was suggested to try and target January or February as ideal times to touch base with the full City Council. Mr. Poole made a motion to approve the draft annual report with minor edits as required by Staff for departmental formatting and with the correction to Mr. Hightower's term date and the addition of the second recommendation to Council. Mr. Vachon seconded the motion.There was no additional discussion.The motion passed with a vote of 6 in favor and 0 against. New Business There was no new business. The meeting was adjourned at 5:00 p.m. 3 Certificate of Appropriateness Am City of Niryinim Bazdi New Construction City & Community Development Application Information A Certificate of Appropriateness (COA) is needed for any project that will affect the exterior of property located in one of Virginia Beach's Historic and Cultural Districts. Every month,the Historical Review Board (HRB) meets to review COA applications. (See the last page of this application for general meeting information.)The COA review process ensures that development or redevelopment in a Historic and Cultural District is compatible with its historic character. Projects that primarily involve new construction should use the following application. New construction includes: • New primary buildings or structures(e.g., houses,apartments, stores,offices, etc.) • New accessory buildings or structures (e.g.,detached garages, gazebos, etc.) • Additions to existing structures (e.g., porches, decks, new dormer, rear sunroom, etc.) Complete the following application and follow the instructions on page 6 of the application to submit to HRB Staff. Once your application and supporting materials have been submitted,you will be contacted by the Planner assigned to the project who will assist you and/or your representative during the review process.There is no fee for applications for Certificates of Appropriateness. The HRB meets on the 3`d Wednesday of each month at 4:00 p.m. COA applications are due on the 10th of the month prior to the month of the HRB meeting(ex. due 10th of April for May meeting agenda). If the 10th of the month falls on Saturday,Sunday, or a holiday,then applications are due on the first business day following the weekend day or holiday. Submit your application via email to mreed@vbgov.com with the subject line "COA Application"and the project address.You can also drop off or mail the application to Mark Reed Department of Planning&Community Development 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452-7385 Project Documentation Drawings should be to scale and like drawings should use the some scale.All drawings should be sized to 11"x17"or 8.5"x11",do not submit documentation on pages larger than 11"x17."Include all dimensions on drawings. Label drawings with cardinal directions(do not use "right"or"left"). Elevations and renderings should identify building materials and colors. ❑ Concept layout plan of new development ❑ Architectural elevations(in color,to scale)showing all elevations for new construction ❑ Sign package (if applicable) ❑ Recent color photographs, including a wide view that shows the project setting ❑ Material information and specifications (e.g., cut sheet, product brochure) Staff may request additional documentation,such as material samples,as needed. Page 1 of 2 Certificate of Appropriateness XVID City of Virginia Bead New Construction Planning & Community Development Proiect Information Date: 6/9/2025 Name of Project: North Landing Estates Street Address of Project: �2524, 2520, 2516, 2512, 2508 Peaceful Lane Historic and Cultural District: Courthouse Property Owner Name: lAshdon Builders 1, LLC Property owner Mailing Address: 321 Great Bridge Blvd., Chesapeake, VA 23320 Property Owner Phone Property Owner Number: 757-436-3757 Email Address: Barry@ashdonbuilders.com Applicant/Representative*: William D. Cross (Donnie Jr.) *If different from property owner. This person should have the authority to commit changes to the project. Applicant Organization and Position: lAshdon Builders, Inc. Applicant Mailing Address: 1321 Great Bridge Blvd., Chesapeake, VA 23320 Applicant Phone Applicant Email Number: F757-508-7566 Address: Bonnie@ashdonbuilders.com Type of New Construction (select all that apply): ❑ Single-family residence ❑ Garage ❑ Multi-family residence 8 Accessory structure ❑ Commercial building ❑ Addition to an existing structure ❑ Mixed-use building ❑ Other ❑ Institutional Building Page 2 of 2 Certificate of Appropriateness v" N C�it�oJ��Gyi,uaBeacii New Construction - Planning & Community - Development Are there other applications associated with this project? (e.g., Conditional Use Permit, Conditional Rezoning, Zoning Variance, etc.) OYes 11No If yes, describe below and include the application number.Attach an additional page if necessary. Previous Approval COA approvals #22-03 and #24-09 dated July 24, 2024 112-15950 Land Disturbing Activity and/or Stormwater Management 112-15950 Right-Of-Way Improvements Brief Project Narrative Summarize your project. Include any information regarding signs, site improvements, or demolition. Attach an additional page if necessary. This COA is for subdivision fencing only, installed behind Lots 1-5 on the left side of the community, and on the right side installed behind the veterinary building, which will have street trees placed in front of the fencing as per approved landscaping plan. Signage, site improvements, demolition and materials have already been approved previously through COA#22-03 and COA#24-09. Page 3 of 6 v:04-2021 Certificate of Appropriateness New Construction "`y°r`"�n'°B�"'' _ .; ;.:. Planning & Community Development Proposed Materials If any materials are marked as "Other,"please include a description in the project narrative on the previous page. Foundation ❑Slab ❑Block El Brick [I Pier ❑Other Cladding/Siding El Brick ❑Stucco ❑Lap Board ❑Shingle ❑Masonry other ❑Other than brick Roof ❑Asphalt ❑Cedar ❑Slate ❑Tile ❑Standing ❑Membrane ❑Other Metal Doors ❑Wood ❑Steel ❑Aluminum ❑Glass El Fiberglass ❑Other Windows ❑Wood ❑Aluminum ❑Aluminum ❑Fiberglass ❑Other wood-clad Lighting ❑Ground ❑Pole/Post ❑Soffit ❑Wall- ❑Other mounted Trim ❑Wood ❑Metal ❑ Composite ❑Other Fence/Wall ❑Wood []Metal ❑Brick ❑Stone ❑Composite Bother White vinyl privacy fencing, as previously specified in COA#24-09 dated 06/10/2024 and approved 07/24/2024. Page 4 of 6 v:04-2021 Certificate of Appropriateness W City o(V6giniaBeach New Construction Planning & Community � Development . OW .., , Summarize any site improvements, landscaping, or other surface changes included with this project. White vinyl privacy fencing installed behind Lot 1 (2524 Peaceful Lane), Lot 2 (2520 Peaceful Lane), Lot 3 (2516 Peaceful Lane), Lot 4 (2512 Peaceful Lane), Lot 5 (2508 Peaceful Lane), and along the right side of the community when entering from N. Landing Road that runs along the back/side of the veterinary building, which will have street trees planted in front of the fencing, as per approved landscape plan. Sign Details Select all that apply. Sign Type See Section 210.2 of the Zoning Ordinance for definitions of sign types. ❑ Freestanding sign ❑ Projecting/blade sign ❑ Hanging sign ❑ Wall-mounted sign ❑ Monument sign ❑ Other ❑ Pole sign Number of Signs to be Modified ❑ 1 ❑ 2 ❑ 3 Sign Illumination ❑ Non-illuminated ❑ Externally illuminated,ground-mounted light ❑ Externally illuminated, building-mounted light ❑ Other Page 5 of 6 v:04-2021 Irl 414F3 a ,.f F1 f. .')ODiA . u�.% Certificate of Appropriateness New Construction City of Virgirna Bench Planning & Community rt Development Historical Review Board (HRB) General Meeting Information HRB Meeting Date: The HRB meets on the 3`1 Wednesday of each month at 4:00 p.m. HRB Meeting Location: The HRB meets in Conference Rooms 1 and 2 in the Department of Planning and Community Development offices—2875 Sabre Street, Suite 500, 23452. The applicant or a designated representative must attend the Historical Review Board hearing. Application Deadline: COA applications are due on the 10th of the month prior to the month of the HRB meeting(ex. due 10th of April for May meeting agenda). If the 10th of the month falls on Saturday, Sunday, or a holiday,then applications are due on the first business day following the weekend day or holiday. There is no fee for applications for Certificates of Appropriateness. Considerations: Only completed applications submitted by the application deadline will be considered for review.A completed application is defined by the following: • An application form with all sections of the application complete and with relevant signatures. • Completed applicant and owner disclosure statements. • Project documentation per the checklist in the application. Applicants are encouraged to discuss proposed projects with staff in advance of submitting project applications. HRB Staff Contact: Mark Reed, Historic Preservation Planner, (757)-385-8573 or mreed@vbgov.com Application Submittal: Via email at mreed@vbgov.com or you may drop off or mail to: Mark Reed Department of Planning&Community Development 2875 Sabre Street,Suite 500 Virginia Beach, VA 23452-7385 Page 6 of 6 v:04-2021 Authentisign ID:005404F8-5945-FO11-8F7C-OOOD3A8A9962 mom aw t i r T u"= u� -r i Authentisign ID:005404F8-5945-F011-8F7C-000D3A8A9962 ye t� Y • � r } ®A.�A�9AlY ea1+4lY Authentisign ID:005404F8-5945-FOtt-8F7C-OOOD3A8A9962 F �x .F"_. Authentisign ID:005404F8-5945-FOtt-8F7C-00OD3A8A9962 i +_kne mm_—ym, co #962 »- \\y � , � , v��,� Authentisign ID:005404F8-5945-F011-8F7C-OOOD3A8A9962 d 1 a-•. SUPPLYf w�• ,t .a. i � .,.-sue. �. �.t._o-- .H., ;:,' •. ;^ -��,s. _._. ,:.,-�.> ,.,..: m.,a.... e.,..,.::. Quality Materials Backed by Experience FENCE SUPPLY , id Atlantic Fence Supply dedicated --� p p Y �is to providing superior Vinyl and MID^�tu►Nnc Aluminum fence materials to our . customers. As a family-owned business w, , established in 2021, our mission is00 .,.. to offer top-quality products and exceptional service, empowering our customers to enhance their properties with durable and aesthetically pleasing WOW— fencing solutions. At Mid Atlantic Fence Supply, we strive to exceed expectations, x build lasting relationships, and contribute positively to the communities we serve. Discover our top-quality ` Vinyl and Aluminum _ I fencing solutions— built for durability and designed for distinction. ion AID ATLANTIC FENCE SUPPLY Privacyr7777 VINYL FENCING G ar ssfield Style: Vinyl Privacy Heights: 4' and 6' Colors: hite & Almond Rail: 2"x7" Pickets: 7/8" x 6" Tongue & Groove Panels: 8' Long 0000000000000000000000000000o Greenbrier 00000000000000 Style: Lattice Top Vinyl Privacy Height: 6' Color: White Rail: 2" x 7" Pickets: 7/8" x 6" Tongue & Groove Panels: 8' Long 00000000000000000000000000000000 000000000000000000000000000000o Kempsville 00000000000000000000000000000000 0000000000000000000000000000000 00000000000000000000000000000000 Style: Privacy Lattice Top Vinyl Height: 6' Color: White Rail: 2" x 7" Pickets: 7/8" x 6" Tongue & Groove Panels: 8' Long er'P" VINYL FENCING MID ATLANTIC VINYL FENCING RTTTTI Privacy Style 4 MID ATLANTIC FENCE SUPPLY VINYL FENCING 7777 VINYL FENCING Picket Style Fentress Style: Closed Top Vinyl Picket Height: 4' Color: White j Top & Bottom Rails: 2" x 3.5" Pickets: 7/8" x 3" Spacing: 3" and 1 .75" Panels: 8' Long Tulls Creek Style: Open Top Vinyl Picket Picket Cap Options: Dog Ear or Sharp Point Picket Caps Height: 4' Color: White Top & Bottom Rails: 2" x 3.5" Pickets: 7/8" x 3" Spacing: 3" and 1 .75" Panels: 8' Long Whitehurst Style: Open Top Vinyl Picket Picket Cap: Spade Picket Caps Height: 4' Color: White Top & Bottom Rails: 2" x 3.5" Pickets: 7/8" x 3" Spacing: 2" Panels: 8' Long VINYL FENCING MID ATLANTIC -777 VINYL FENCING Ranch Stylt: Kitty Hawk Style: 2-Rail Vinyl Height: 3' Color: White Rail: 1.5" x 5.5" Panels: 16' Long Rails West Neck Style: 3-Rail Vinyl Height: 4' Color: White Rail: 1 .5" x 5.5" Panels: 16' Long Rails Pungo Style: 4-Rail Vinyl Height: 5' Color: White Rail: 1 .5" x 5.5" Panels: 16' Long Rails D ATLANTIC ALUMINUM FENCING Offered in Residential Great Bridge Style: 3-Rail Aluminum Heights: 36", 48", 54", 60", and 72" Colors: Black, White, and Bronze Spacing: 3-13/16" Panels: 6' Long Bottom Type: Flush Bottom or Thru Bottom Lake Meade Style: Decorative Aluminum Heights: 36", 48", 54", 60", and 72" Colors: Black, White, and Bronze Spacing: 3-13/16" Panels: 6' Long Bottom Type: Flush Bottom or Thru Bottom Dam Neck Style: 2-Rail Aluminum Heights: 36" and 48" Colors: Black, White, and Bronze Spacing: 3-13/16" Panels: 6' Long Bottom Type: Flush Bottom or Thru Bottom ALUMINUM FENCING r7T77 Offered in Residential & Commercial w!:.J Yam[. •�• 1 Ep �a�`t • � m 7/lnrran.�rli 1'I:•, � N 1 N i Itll Intl vs1l l I lilt t ANN MENOMONEE f5 i• • i• • .,�. ,.,... r.: .....,. :�_� . . _ ,. ... 8 MID ATLANTIC FENCE SUPPLY ALUMINUM FENCING a� 4 - :,. ._:,� ,W .,►..mom� _,. u t AVAILABLE COLORS: STOCK SPECIAL ORDER Black Bronze White s`t Heights: Rail: 1 " x 1 " 36" 42" 48" 54" 60" and 72" and 84" ' � � � � � Pickets: 5/8" x 5/8" (.045 wall) Custom heights available upon request! Picket Spacing: Width: 72" and 96" Standard 3-13/16" Posts: Extra Picket 1-3/4" 2.5" x 2.5" (.070) & (.125) Available in full extra picket or puppy picket bottom Create a fence that perfectly suits your functional and aesthetic needs, incorporating extra picket and puppy picket options! Extra Picket Puppy Picket 18" F 9 TIT F 1-111-71 Extra picket spacing is also available upon Our puppy picket bottom extends 18"providing request,with extra picket only to the mid-rail. an added layer of safety for your pup! *Both extra picket & puppy picket are available in picket through and flush bottom. i I ALUMINUM FENCING rTTTTTI Gates Flat Top Gate ��IIIIII IIIIIIIIII Arched Gate II IIArched Gate Authentisign ID:005404F8-5945-FOtt-8F?C-000D3A8A9962 FENCE SUPPLIWOO r--" IMM HE -_�3�Z�-��:C�Sl --SS1�l�� � rat��.�•�����5-��,�.wr.w.. �'s..�...�K. a--���Z.rZ'�rr� _ - ------ -�5"_ rrr w. - MIN iigilitl lilll�nlll - �—� -'I�IU I811IIIUIhIIAWII��M S_��_rrr r r� �mnnunnugnnulmlul,�1 t, ` rrrr�• rrr�r� _ ifHlpitllltlllllAtlltl1111�ItlIIlAll11�i1�IlIIIItIIitllltillt�till[i(illliiltl9 � - r� ' WIN Tri _ni lu Ty/ p ,x - T.-sass• ' t y 1 1 i f'V lb s i i yam`: t: y i a. Af MID 14 ATLANTIC 1 / ' I I 812 l LANE SUITE 00 1P 1 1 , 23323 OFFICE HOURS: ' , , t ' I i. z + r a A s�fk 7 Ya4S R m 15 �. V, ,P ------------------------------ t � a •' rolu oil Vi op --------------------- �L sil ; s... ----------' ---- X i ti:f Vm 1" N `41 R a�SLLD HN 14 GI O Yfitlil i-P I `kk.LL.�iia'.'.tA .. "'aW"� -..�iNL�1 � _ - s• i1}---aaJi_.wie__..__.._ - na..a..d gp �aaaxix\sar••. : ewa �di4 �. nm n _..., „ �I U r y` ap � Q4':�aiif�i'�TY'��Y11Dt:N � Y 0 LL LL Q O O O C O! N Q \ f f f ----------- ---- --- f 1 t f ; fl g � I � YI M63dW W Oud csT�.[!• �Th,.f_ yi,i -. �,� � •T•" ?^•"^'t^' LL ♦•yyd Y w'a..� -.+1�.'_„d.�.-.�A.'.�.�tom.... E'.�-f„-�._ . s'�d f.�DR10}9gY�'M1ia.w:r,51 - '•__�--—y�.�- AtrNM 3+a• !'• �kLYfljpppp.^`W dk S avR'lY t�4-.1Yl.Kn � r �.y�s✓r/w�. C.♦♦-"i: v ,ya��'xSd;"T°wyr`�e♦ elCCCSSf 5]:[ VJII�iY Y I.RU1{illltl � h Y'1 aD LL a g 0 a d ' Agren • A••licant: Ashdon Builders i•. • 2025 Historical1istrict: Courthouse Project Details Request Certificate of Appropriateness Install privacy fencing—white vinyl 0 0 VB� `5�Waaw.�, Staff Recommendation W Denial FNO\ Staff Planner Mark Reed Location Peaceful Lane GPIN -� former GPIN 14948048930000 4" 1N 2 n F �c.o - 4 1^ s ' �•`` " ,'�:�+fie s �'� t •$/' y City of Virginia Beach Agenda Item #25-12 page 1 of 17 Background SummaryofProposal • The applicant is requesting a Certificate of Appropriateness COA to: o Install a 6-foot-tall white vinyl privacy fence on the east boundary of the North Landing Estates parcels and on the west side of Peaceful Lane in the North Landing Estates development • The Courthouse Historic and Cultural District was established on May 12, 1969, and was expanded in 1987. The district encompasses over 300 acres and is a mix of governmental, commercial, and residential use. • The Historical Review Board issued a COA (#22-03) March 16, 2022, to Ashdon Builders 1 LLC for the demolition of buildings/structures at 2487-2489 North Landing Road; GPIN 14948048930000.This project was to clear the site for future construction of single-family residential units. • The Historical Review Board issued a COA (#24-09)July 17, 2024, to Ashdon Builders 1 LLC for the construction of seven (7) single-family residential units at 2487 North Landing Road; GPIN 14948048930000.The COA provided approval of the layout of models, design characteristics, and materials for a 7-umit single-family residential development. • In the#24-09 COA application for New Construction, the applicant checked the box for Other under Fence/Wall and stated, "If installing fencing, the material will be white vinyl."There is no mention in the Staff Report, Minutes, or COA letter of fencing or fence materials.The applicant did not submit any product information regarding the fence materials. • In conversations with staff, the applicant has pointed out that there is an existing white vinyl fence facing North Landing Road associated with the property at 2516 Magnolia Green Loop. On April 21, 2011, the Historical Review Board issued COA#11-3 for the Courthouse Center Green project and one of the conditions approved was, "Change the fence style from picket to brick and wrought iron." On May 19, 2011, COA#11-3 was again considered, and the fence design/material approved the previous meeting was rescinded and fencing was approved "as presented in the exhibit."The General COA issued on May 19, 2011 stated, o Fencing shall be as shown on the attached fence diagram. Brick columns for the six (6) foot vinyl privacy fence shall be installed along the privacy fence adjacent to the boundary of the limited common element appurtenant to each unit along the boundary. • There is no information in the April or May 2011 minutes about the discussions on fence design and materials. • On December 15, 2021, the Historical Review Board held a hearing for a modification of a COA (#20-06)for construction of a veterinary office building at 2497 North Landing Road. The applicant proposed, "vinyl panel fencing with faux wood-graining for the rear and side yard enclosures." In the evaluation and recommendation section of the Staff Report for COA#20-06,this is the stated opinion on the proposed vinyl fencing: City of Virginia Beach Agenda Item #25-12 page 2 of 17 o In Staff's opinion,the proposed vinyl panel fencing is inappropriate for the Courthouse Historic and Cultural District.The finish,appearance,and performance of vinyl is generally incompatible with historic materials and settings and has been identified as being an inappropriate material for this district. Staff does acknowledge that in 2011, a vinyl fence was approved by the HRB within the adjacent Courthouse Green development. Staff notes that large portions of this vinyl fencing is already warping and presently has a vegetative or fungal growth on large portions,as seen most clearly in the included photos on page 21 on this report. Traditional fencing,such as a wood privacy fence,would be a more appropriate choice of material for this project. • The discussion in the December 15, 2021 minutes indicates general consent from the Board that they did not want to approve vinyl material for the fence at 2497 North Landing Road.The motion to approve modifications to COA#20-06 provided for wood or composite fencing. Composite fencing has been installed on this parcel, which is adjacent to the subject property. • The applicant for COA#25-12 has installed two long stretches (250 feet and 350 feet) of 6-foot-tall white vinyl fencing along the west and east (behind lots 1—5) boundaries of the North Landing Estates residential development. When it was brought to their attention that they did not have a COA for installation of the fencing, they responded that they thought that it had been approved as part of COA#24- 09, since they had included it in the application. • The applicant has indicated they will plant trees in front of the fencing along the west side of the property. • Ashdon Builders is requesting after-the-fact approval for installation of white vinyl fencing as is currently installed. Appropriateness of - • The Historic & Cultural District Design Guidelines prohibit plastic and vinyl fencing in the Historic and Cultural Districts. • For back and side yards, the Guidelines recommend living fence, wood boards, brick and/or wrought/cast iron. • The proposed white vinyl fencing is not an appropriate material. Evaluation - • • • In Staff's opinion, this request to install 6-foot-tall white vinyl fence material along approximately 250 feet of the west boundary of the North Landing Estates development and along 350 feet of the east boundary of the development is not acceptable. The proposed materials (vinyl) are prohibited in the Design Guidelines. City of Virginia Beach Agenda Item #25-12 page 3 of 17 The Historical Review Board recently denied installation of vinyl fencing on the parcel adjacent (2497 North Landing Road)to the west boundary of the subject property and conditioned approval of the COA for use of wood or composite material for the fences. Composite fencing material has been installed on the adjacent parcel. The Board should be consistent with this decision for the adjacent property. The parcel adjacent to the east boundary of the North Landing Estates development is the historic 1931 Courthouse Elementary School building. It is a contributing resource to the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places (NRHP) Historic District. The installation of vinyl fencing along this property boundary is not recommended as appropriate adjacent to the NRHP historic district. For these reasons, Staff recommends denial of the request for approval after the fact for installation of white vinyl privacy fencing along the east and west boundaries of the North Landing Estates Development. Staff recommends that installation of fencing in this location is appropriate with the use of materials that are specified in the Design Guidelines. The Historical Review Board approved composite materials for fencing on the adjacent parcel, and staff supports this alternative if the Board finds it to be appropriate for the subject site. Recommended Conditions These conditions are recommended to be included with a COA if the Historical Review Board and the applicant agree on the material to be used and a COA is issued by the Board for privacy fencing for the North Landing Estates Development. 1. Upon completion of demolition, submit photographs to Historical Review Board Staff at PreserveVB@vbgov.com for final review and filing with the building/project file. This shall be submitted within 14 days of completed work. 2. Contact the Historical Review Board prior to undertaking any unexpected actions to confirm whether additional review is necessary. 3. Contact the Historical Review Board prior to implementing any revised plans for the building or site not discussed in the application or Staff Report. 4. This COA shall expire on (2 YEARS FROM DATE OF APPROVAL). Should the project not be initiated before (2 YEARS FROM DATE OF APPROVAL), an administrative extension may be requested of Historical Review Board Staff for an additional 12 months.Any subsequent request for extension shall require review and approval by the Historical Review Board and may require the submission of a new COA application. City of Virginia Beach Agenda Item #25-12 page 4 of 17 Site Photo - N �. Figure 1: View of North Landing Estates Development Site from North Landing Road _ 4 R a x City of Virginia Beach Agenda Item #25-12 page 5 of 17 Site • • i I Figure 2: Vinyl privacy fence along east boundary City of Virginia Beach Agenda Item #25-12 page 6 of 17 a i Site Photo M ,t Figure 3: Vinyl privacy fence along west boundary City of Virginia Beach Agenda Item #25-12 page 7 of 17 X` O1 _ Figure 4: Vinyl privacy fence along east boundary with the adjacent historic Courthouse Elementary School on the left City of Virginia Beach Agenda Item #25-12 page 8 of 17 Site Photo SPEE TST 2 C CONSTRUCTIO 1 t y Figure 5: Vinyl privacy fence along Peaceful Lane and adjacent property composite fence visible on the right City of Virginia Beach Agenda Item #25-12 page 9 of 17 # ra Site Photo — 2497 North Landing Road qr- WNW Figure 6: Composite fence at 2497 North Landing Road � y t City of Virginia Beach Agenda Item #25-12 page 10 of 17 Site Photo • • • • woe ti 6, a Figure 7: Vinyl fence facing North Landing Road from Magnolia Green Loop (approved 2011) City of Virginia Beach Agenda Item #25-12 page 11 of 17 Site Layout w • POND i J� 7vda 5(:t.f1. f k k, Figure 8: Lot layout for North Landing Estates •���1 what•XIS w_ r.wXMot[s MAR Wu •. ��— rt+l rr•.�_.--:,! �R Y1 wY 116¢t-�Tv.. Mr[C T•p,lwt9l,M �.� f�• ���. yr Aw.aeCE.i A PARK +s•�:a. uwa.�...>,,.e AXIOM It 6 Y " . bt+Y.wwouc unm it hN[ I • v 1 �Y � S 1�� \.., }/ ,rrt. Z 1, 1 i aevv i � OD ty� ' � _ • P[:�Ctl[CI A41 iGt()UIfILU dO'Rk11 � � � ��� i ; ...� -_ 'rA—�-+err• . . ._'_ _-_.... .._,__-....__ __'�--r s: S.-w r o0 4 m Figure 9: Vinyl privacy fence locations in North Landing Estates City of Virginia Beach Agenda Item #25-12 page 12of17 Design and Materials Grassfield Style: Vinyl Privacy Heights: 4' and Ell Colors: hite & Almond Rail: 2"x7" Pickets: 7/8" x 6" Tongue & Groove Panels: 8' Long City of Virginia Beach Agenda Item #25-12 page 13 of 17 Design and Materials l 1 k • ' FLNUL SUPPLY r _ .R +fir Rrf}Pr �s�s ` Disclosure VJVIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application Ashdon Builders, Inc. Is Applicant also the Owner of the subject property? Yeso Noe If no,Property Owner must complete SECTION 2:PROPcRTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)Noc) If yes,name Representative: William D.Cross(Donnie Jr.) Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) =--E Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, O e cross-collateralization,etc.) Real Estate Broker/Agent/Realtor e Disclosure Statement I rev. M ay-2024 page 1 of 3 City of Virginia Beach Agenda Item #25-12 page 15 of 17 Disclosure APPLICANTSECTION 1: continued SERVICE YES NO SERVICE PROVIDER Name entity andjor individual Accounting/Tax Return Preparation \J C) Jones,Madden&Council,PLC(Michaeal Council) Architect/Designer/Landscape Architect/Land Planner O I Construction Contractor �O IF Engineer/Surveyor/Agent ��..^J, Legal Services Q 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. William D.Cross 06/17/2025 Applicant Name(Print) piican Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation,"See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY; No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 City of Virginia Beach Agenda Item #25-12 page 16 of 17 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Ashdon Builders 1, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yesq Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary1 or affiliated business entity x relationship with the applicant.(Attach list if necessary.) Wiliam B.Cross Arthur D.Cross,Jr. Does the subject property have a proposed or pending purchaser? Yeso Noe If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() No If yes,name the official or employee,and describe the nature of their interest. _ PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O ® TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor e O Wainwright Real Estate,Jamie Roser Accounting/Tax Return Preparation e 0 1 Jones,Madden&Council,PLC(Michaeal Council) Architect/Designer/Landscape d 0 Land Planning Solutions,Inc.(Jill Hunter) Architect/Land Planner Construction Contractor e Q Ashdon Builders,Inc.(William B.Cross) Engineer/Surveyor/Agent e ® Land Planning Solutions,Inc.(Jeff huentelman) Legal Services O O 1 Sykes,Bourdon,Ahem&Levy,PC(R.Edward Bourdon,Jr.,Esq.) 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 c nnection with this application. William B. Cross, Manager /17/2025 Property Owner Name(Print) Property Own ignature Date Disclosure Statement I rev. May-2024 page 3 of 3 City of Virginia Beach Agenda Item #25-12 page 17 of 17 CITY OF PLANNING & COMMUNITY DEVELOPMENT V I RGI N IA Historical Review Board—S, /� Building 3, 2403 Courthouse Drive —•,�,, BEACH Virginia Beach, VA 23456 July 2, 2025 William D. Cross Ashdon Builders 1, LLC 321 Great Bridge Boulevard Chesapeake, VA 23320 Sent by email only to: donnie@ashdonbuilders.com Certificate of Appropriateness Application #25-12—Ashdon Builders 1, LLC— Request to construct privacy fence for North Landing Estates; Peaceful Lane, former GPIN 14948048930000—Courthouse Historic and Cultural District Dear Mr. Cross, On June 18, 2025, the Historical Review Board considered an after-the-fact application for a Certificate of Appropriateness (COA) for the construction of a white vinyl privacy fence in the North Landing Estates development on Peaceful Lane, (former GPIN 14948048930000). The Historical Review Board denied the request by a vote of 5 to 0. The denial is for the following stated reasons: • The Design Guidelines for Virginia Beach's Historic and Cultural Districts specifically prohibits use of vinyl material for fences. In its motion to deny the request to construct the vinyl privacy fence,the Historical Review Board acknowledged that a precedent for vinyl fence is present in the district and a staff error may have occurred during a previous COA (COA#24-09) hearing for the North Landing Estates development. At that time, staff did not bring forward the request for a vinyl privacy fence that was noted in the COA#24-09 application. As issued, COA#24-09 did not provide approval for a vinyl privacy fence. Ashdon Builders constructed a vinyl privacy fence along the development's eastern boundary, behind lots 1 through 5, and along the western boundary on the west side of Peaceful Lane. On June 3, 2025, staff informed Ashdon Builders the fence they constructed needed a COA. Review by the Zoning office determined that a fence permit was required for the section of fence behind lot 1, since it is a corner lot. Zoning also determined that the fence along the west side of Peaceful Lane was built entirely within the right-of-way and as such would require an encroachment agreement to be approved by the City Council. (757)385-4621 virginiabeach.gov/historicalreview July 2, 2025 William D. CrossPage 2 of 2 As was explained at the June 18 meeting,the Historical Review Board's decision may be appealed to the Virginia Beach City Council. The appeal process is outlined in Section 1303(c)(2) of the Zoning Ordinance. To initiate an appeal, provide a letter (not an email) to the Director of the Department of Planning and Community Development within 30 days of June 18, 2025. The letter must state the grounds for your appeal. The address for the Director of Planning is: Kathy Warren, Director Planning & Community Development City of Virginia Beach 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 If you need further assistance, please contact Mark Reed at 757-385-8573 or by email at MReed@vbgov.com. Sincerely, AXI W' 4 Mark A. Reed Historic Preservation Planner MAR/ cc: William B. Cross (barrv@ashdonbuilders.com) HRB Building File (757)385-4621 virginiabeach.gov/historicalreview Planning & CITY OF VIRGINIA BEACH VCommunity HISTORICAL REVIEW BOARD 'tj Development DRAFT MEETING MINUTES Wednesday,June 18, 2025 4:00 P.M. Planning and Community Development Building 3, 2403 Courthouse Drive, Conference Room 134 Approved July 16, 2025 Members Present Steve McNaughton, Chair; Richard Poole, Vice Chair Jeff Pierce,Jim Vachon, Bernice Pope Members Absent Hayden DuBay, Lynn Hightower City Staff Liaison Present Mark Reed City Staff Present Ellie Dauernheim Applicants/Applicant Representatives Attending Jason Stegemann (#25-10, 25-11) Ryan Muncy(#25-10, 25-11) Randy Allen (#25-10, 25-11) Barry Cross (#25-12) Ginny Cross (#25-12) Donnie Cross (#25-12) Jannie Roser (#25-12) The meeting was called to order at 4:00 p.m. by the chair, Steve McNaughton. Mr. McNaughton introduced Ellie Dauernheim, recently hired Planner I in the Planning and Community Development Department. Ms. Dauernheim said she recently graduated with a B.A. in Historic Preservation from the University of Mary Washington. She said she has previous experience in the field through a year-long fellowship with the City of Fredericksburg's Planning Department 1 and Architectural Review Board. She said looking forward to working with the HRB and exploring Virginia Beach. Minutes Mr. McNaughton asked the members to review the minutes from the May 21, 2025 meeting. Jim Vachon made a motion to approve the minutes as presented.Jeff Pierce seconded the motion. The minutes were approved by a vote of 4 in favor, 0 against (Bernice Pope had not yet arrived). • Certificate of Appropriateness Application#25-10—City of Virginia Beach (Department of Public Utilities), Princess Anne Village LLC— Request to construct a new pump station; 2413 North Landing Road, GPIN 14949281190000—Courthouse Historic and Cultural District Mark Reed, Historic Preservation Planner, introduced COA application #25-10. He said the application is for construction of a Public Utilities pump station near the future Princess Anne Village residential development in the Courthouse Historic and Cultural District. Mr. Reed said the pump station is proposed for a section of the development that has been set aside for commercial development. He stated that the owner, Princess Anne Village LLC and Public Utilities have an agreement for the land transfer for the pump station. The commercial site is in the southwest corner near the intersection of North Landing Road and Princess Anne Road. Mr. Reed noted that the new development will outpace the capacity of the existing pump station, so a new, larger capacity pump station will be needed. The parcel for the pump station will be set back from North Landing Road and will front on an interior street. Mr. Reed said that the proposed pump station design is a departure from the normal brick and slate roof design for most of the pump stations around the city. Dick Poole asked why the change from brick. Mr. Reed said the intent is to have it blend in better with the adjacent residential design. Mr. Reed showed a slide with the approved residential designs. Design and materials will be generally consistent with what has been approved for the residential development. Mr. Reed noted that the primary deviations are for practical, operational needs. He said the pump station needs to be constructed on a slab and requires a steel door. He showed a slide with the proposed design of exterior wall lights that will need to be installed. He said the pump station requires several external, exterior pieces of equipment including an antenna and metal cabinets, which will be mounted in the rear of the building. He noted that a low-lying wet well fan vent and an emergency pump connection will protrude from the ground near the building. Mr. Reed said that staff finds the proposed new construction for a pump station to be consistent with the Design Guidelines and the character of the district and recommends approval subject to the conditions as noted in the Staff Report. He noted that representatives 2 from Public Utilities and their contracted engineering firm were in attendance and could answer questions. Bernice Pope arrived during the staff overview. The Board had discussion on a steel door versus fiberglass and screening on newer pump stations.The Board requested that the applicant follow up with the Board when choosing the color. Mr. Reed said the applicant would provide a landscaping plan once the building is constructed. Mr. Poole made a motion to approve the COA subject to the conditions listed in the Staff Report and including the condition that the applicant returns to the Board for final material and color selections. Ms. Pope seconded the motion.There was no additional discussion.The motion was approved by a vote of 5 to 0. • Certificate of Appropriateness Application#25-11—City of Virginia Beach (Department of Public Utilities)— Request to demolish existing pump station; 2396 Princess Anne Road, GPIN 14949256030000—Courthouse Historic and Cultural District Mr. Reed introduced COA application #25-11. He said the application is for demolition of a public utilities pump station (PS-614) on Princess Anne Road in the Courthouse Historic and Cultural District. He said the pump station is set back from the roadway and is located between two commercial properties. Mr. Reed said that with the construction of the new pump station across the street, PS-614 will not be needed and will be taken out of service. He said that all equipment will be removed from the pump station and the wet and dry wells will need to be filled. Mr. Reed noted that demolition of the pump station will allow the wells to be filled with organic material and the small parcel will become a green space, or the parcel has the potential to be sold to an adjacent business property for expanded parking. He said that if the abandoned building is not demolished, the wells will need to be filled with concrete and the building will receive no additional maintenance. Mr. Reed said the existing pump station building was constructed in 1962 and is a contributing resource in the Courthouse Historic and Cultural District and in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District. It is a contributing resource due to its age and materials, brick walls and slate roof, and basic design, gable roof with wood trim. Mr. Reed said staff's opinion is that removal of this resource will have no measurable impact on the integrity of these districts. He said that in staff's opinion, this request to demolish the 1962 pump station and make this small parcel a green space is acceptable. He noted that representatives from Public Utilities were in attendance and could answer questions. 3 Mr. Poole asked if the pump station was too small. Randy Allen said it was too small and outdated. Mr. Allen discussed the logistics of replacement and bypassing for the pump. Mr. Pierce asked how low they cut into the ground. Mr. Allen stated 4 feet, and they would smooth out the surface. Mr. Pierce asked if they have to cross the street to connect to the new pump. Mr. Allen said yes. Ms. Pope asked how thick the concrete was. Mr.Allen noted that it was only 8 inches and the current standards are 10 inches. Mr. Poole made a motion to approve the COA subject to the conditions listed in the Staff Report. Mr. Pierce seconded the motion.There was no additional discussion. The motion was approved by a vote of 5 to 0. • Certificate of Appropriateness Application#25-12—Ashdon Builders—Request to construct a privacy fence for North Landing Estates; Peaceful Lane former GPIN 14948048930000—Courthouse Historic and Cultural District Mr. Reed introduced COA application #25-12. He said the application is for after-the-fact approval for construction of 6-foot-tall white vinyl privacy fencing along the west and east boundaries of the North Landing Estates residential development in the Courthouse Historic and Cultural District. Mr. Reed noted that North Landing Estates is a small residential development for 7 single family homes. He said the HRB issued a COA in July 2024 for the development, including design and materials. He noted that on the COA application, the applicant checked the box for Other under Fence/Wall and stated, "If installing fencing, the material will be white vinyl." Mr. Reed said there is no mention in the Staff Report, Minutes, or COA letter of fencing or fence materials. He said current staff could not find any indication that the applicant had submitted any product information regarding the fence materials. Mr. Reed provided some background on vinyl fencing in the district. He said in December 2021, a modification of COA#20-06 for new construction on the adjacent property at 2497 North Landing Road included consideration of installation of a vinyl fence. Staff recommended against approval of the vinyl fence and the HRB concurred.The COA allowed for a wood or composite fence and the applicant installed a composite fence. Mr. Reed noted that the Design Guidelines for Virginia Beach's Historic and Cultural Districts prohibits vinyl as a material for fencing. Mr. Reed said the applicant has noted that there is existing vinyl fencing visible across North Landing Road associated with properties on Magnolia Green Loop. He noted that it received a COA in 2011. Mr. Reed said it is Staff's opinion that vinyl fencing is prohibited in the Design Guidelines and the HRB recently disallowed vinyl fencing on the adjacent parcel, although it may appear 4 elsewhere in the district. Mr. Reed said staff recommends denial of the proposed fence material. Representatives from Ashdon Builders were present. Donnie Cross discussed the Design Guidelines and COA Review Process. He said at the time of their application they did not know the location of the fence yet; therefore, they did not fully include it on the application. He said that because the neighbors across the street had a vinyl fence it did not seem unacceptable. He stated that they believed the COA meant their entire application packet was approved. Mr. McNaughton asked a question in reference to the application. Mr. Reed did clarify that the fence box was checked on the original application. Ms. Pope asked when the applicant found out it wasn't allowed. Mr. Reed said when he saw it and then checked with Permits to inquire if they had received a permit.They had not, so Mr. Reed contacted the applicant about the apparent COA violation. Mr. Pierce said the vinyl fence does not meet the Design Guidelines; therefore, the Board likely won't approve it. Mr. McNaughton discussed the precedent that it sets. He stated his opinion that composite is a superior material and that the fence should be wood or composite. Ginny Cross said that they did not want a wood fence due to maintenance. Mr. McNaughton noted that they allowed composite because of that. Mr. Vachon mentioned the possibility of the new homeowners wanting fences for their lots after they are constructed. He mentioned that they may have to come back to the Board. Ms. Cross mentioned they would screen the existing fencing along Peaceful Lane. Discussion ensued about the fence requirements including the Design Guidelines prohibiting vinyl as a material, also referencing precedents differing with the vet clinic and courthouse green. Discussion also included the COA application process. The Board recognized the hardships but also explained that their job was to enforce the Design Guidelines and they don't take cost or financials into account. Discussion continued about the direct application not going to the board just the staff report and conditions. There was discussion on the Board's job and staff recommendations not meaning the Board will or has to follow them. The Board also expressed that by approving the fence they would set a precedent for other applicants to believe the material was acceptable. The applicant noted that the construction of the fence without approval was not intentional. They said they would have worked with the Board previously had they known the fence was not going to be approved. Mr. Poole made a motion to deny the application for installation of a vinyl fence.There was discussion on conditions, including whether or not to include an acknowledgement of hardship. 5 Mr. Poole made a motion to deny the COA for vinyl fencing on the following conditions: 1. Acknowledgement of precedent for vinyl in the district. 2. Acknowledgement of a potential staff error that may have been made that led the applicant to believe vinyl was acceptable. Ms. Pope seconded the motion. There was no additional discussion.The motion was approved by a vote of 5 to 0. Old Business There was no old business. New Business Under new business, Mr. McNaughton mentioned that there was a new Board member, Leanna Humphrey,joining the following month. Mr. Reed discussed the upcoming annual report. He said a draft would be provided to the Board in advance of the July meeting. Staff Update Mr. Reed provided a quick update on projects. He said the Francis Land House NRHP and boundary decrease update was approved by the NPS on May 19. He said the 17th Street Cottages Historic District was listed in the NRHP on May 19. Mr. Poole made a motion for the meeting to adjourn. Ms. Pope seconded the motion.The motion was approved by a vote of 5 to 0. The meeting was adjourned at 5:40 p.m. 6 Sec. 1303. Certificates of appropriateness. (a) Requirements of certificates of appropriateness. Except as provided in subsection (e), no building or structure, including signs,within a Historic and Cultural District shall be constructed,altered, repaired, relocated or demolished,and no building or other required permit authorizing such action,shall be issued unless and until the historical review board has issued a certificate of appropriateness therefor.A certificate of appropriateness shall certify only that the requirements of this section have been met,and shall not excuse compliance with any other applicable requirements of law. (b) Materials to be submitted for review. (1) Required plans, etc.The historical review board may require submission of any or all of the following materials as part of an application:architectural plans,site plans,landscaping plans, proposed signs with appropriate details as to location,size,number and character, proposed exterior lighting arrangements,elevation drawings,indications as to construction materials,design of doors and windows,ornamentation and colors,photographs or perspective drawings indicating visual relationship to adjoining structures and spaces and such other exhibits and reports as are reasonably necessary in making its determination to grant or deny the certificate of appropriateness. (2) Application review. Applications for a certificate of appropriateness shall be submitted to the planning director,who shall determine whether the proposed building or structure conforms to the requirements of the city zoning ordinance. No application shall be deemed complete unless it contains sufficient information for the planning director to make such determination. (c) Grounds for issuance and denial of certificate of appropriateness. (1) Issuance.The historical review board shall issue a certificate of appropriateness only if it finds that the proposed building or structure is architecturally compatible with the historic landmarks, buildings or structures in the district. In issuing its approval,the board may attach such reasonable conditions, consistent with applicable city ordinances and development standards,as are necessary or appropriate to ensure that the proposed building or structure meets the requirements of this section. The board shall consider,in determining whether a proposed building or structure is architecturally compatible with the historic landmarks, buildings and structures in the district,the following factors: A. The conformity with the design, development standards,and criteria established for the district pursuant to section 1301; B. The appropriateness of the general overall design of the proposed building or structure in relation to the architecture of other building or structures within the historic-cultural overlay zoning district; C. The extent to which the proposed building or structure will be harmonious or incompatible with the other buildings or structures in the district; D. The degree to which the proposed building or structure advances the Comprehensive Plan's goals; E. The impact of the proposed building or structure upon the historic context; F. The degree to which the proposed building or structure conforms to applicable provisions of the Secretary of the Interior's Standards for Rehabilitation,as set forth in Title 36,section 67.7 of the Code of Federal Regulations,or any successor regulations,not inconsistent with the provisions of this section. Created: 2025-08-20 11:54:46 [EST] (Supp.No.167) Page 1 of 3 (2) Denial,appeals.The historic review board shall state the reasons for denial in writing.The applicant for the certificate of appropriateness may appeal a denial of such certificate to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty(30)days after the date of the denial. (3) Notice of appeal. Upon receipt of such letter,the planning director shall schedule the appeal to be heard by the city council at a regular meeting and shall give written notice of the time,date and place of the city council meeting to the applicant,or his agent,and any persons who submitted to the planning director written objections to the application,no less than twenty-one(21)days before the meeting.The applicant shall post a sign provided by the planning director on the property,which sign shall state the time and date of the city council meeting and the nature of the appeal,at least fifteen (15)days prior to the city council meeting at which the matter is scheduled.Such sign shall be posted in accordance with the provisions of section 108(a)of the city zoning ordinance. No further public notice shall be required. (4) Appeals to the circuit court.The applicant,and any person appearing before the city council in opposition to the application,may appeal the decision of the city council to the circuit court by filing a petition at law,setting forth the alleged illegality of the action of the city council,provided the petition is filed within thirty(30)days after the date of the city council's decision.The filing of the petition shall stay the decision of the city council pending the outcome of the appeal to the court,unless the decision denies the right to raze or demolish a historic landmark,building or structure.The court may reverse or modify the decision of the city council, in whole or in part, if it finds upon review that such decision is contrary to law or is arbitrary and constitutes an abuse of discretion,or it may affirm the decision of the governing body. (5) Time limits.The board shall approve or deny a certificate of appropriateness within ninety(90)days from the filing of a completed application.The failure to approve or deny an application shall constitute a denial thereof. (d) Demolition. In the event the historical review board determines that the preservation of a building or structure is found to be physically or economically unfeasible,it shall issue the certificate of appropriateness allowing the demolition of such building or structure. If the preservation of such building or structure is physically and economically feasible,the board shall deny the application. In the event the application is denied,the applicant may: (i)appeal such decision to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty(30)days after the date of the denial; or(ii)elect to proceed pursuant to the provisions of section 1304.The procedure for appeals to the city council shall be in accordance with subdivision(3).The city council may,after consultation with the board,affirm or deny the board's decision. In the event the city council affirms the decision of the board,the applicant shall have the right to appeal such decision to the circuit court in accordance with the procedures set forth in subdivision (4). (e) Exceptions.The following actions shall not require the issuance of a certificate of appropriateness: (1) Repainting resulting in the same or like color,provided that the initial painting of masonry surfaces shall require a certificate of appropriateness; (2) The addition or deletion of windows,storm windows,doors,and storm doors that match existing windows,storm windows,doors,storm doors and broken window panes,and the addition or removal of air conditioning units; (3) The addition or deletion of television or radio antennas,skylights,solar collectors,wind energy conversion systems or satellite dishes if such structures are not visible from a public street or right-of- way; Created: 2025-08-20 11:54:46 [EST] (Supp. No.167) Page 2 of 3 (4) The repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials,features and workmanship when the physical condition of a building or structure,or portion thereof,has deteriorated; (5) Planting of grass,trees and shrubs, but not including landscape treatment that substantially alters the contour of a landmark site; (6) Permitted outside storage in any residential,office,business,or industrial district,which is not visible from a public street;and (7) Any interior changes. (Ord. No.3319, 12-3-13) Created: 2025-08-20 11:54:46 [EST] (Supp. No.167) Page 3 of 3 DESIGN GUIDELINES FOR PUBLIC ART 7.1.2 FENCES & FREESTANDING WALLS S ed B B B arage 1. Preserve traditional fences, walls, and hedges. If 20 feet fro rear 1� corner of m in a portion of the historical fencing is deteriorated, structure keep any salvageable material and utilize it in the �, B A B more prominent areas, replicating any material that n B is missing or beyond repair. JH 2. Match historic fencing in height, material, ande ; House 3 detail. If the same material or details can no longer be A - A found, use a simplified design but maintain a similar A A height and material. sidewalk Curb StripCurb Stri 3. For new fencing: Material, style, and height should Street be in keeping with the district. Proposed projects The yellow lines(listed as A")are the fence/wall lines that are should document similar fencing elsewhere in the considered front yard.The blue lines(listed as"B")are the fence/ district to show precedent.All fencing and freestanding wall lines that are considered back/side yard.20 feet from the rear walls must meet the provisions of the City of Virginia corner of the main structure is also shown. Beach Zoning Ordinance in Article 2.A,Section 201(e), Requirements for fences and walls. The guidelines below offer further direction appropriate for the HCDs: A. New front yard fencing/walls: " . I. Front yard fencing/walls are considered to be in any part of the yard adjacent to the street and side yards up to 20 feet from the rear corner of the main structure (see top, right illustration). a. If the property is a corner lot, these standards apply to both street-facing r• The low brick wall with taller piers accenting the walkway is an elevations. appropriate scale and style. b. Height should not exceed 4 feet. Ilia c. Materials can be made of living fence (hedges, shrubs, etc.), wood boards, brick, ' wrought/cast iron, and chain link or other ®' ..�.e i ill�t6ltiLili■dr#H% wire fencing as prescribed below. <. ,�;;;;■� .; =t■■ �a„=,;, s _. _ ■r s a# a swan i. Plastic, vinyl, barbed wire, and electrical G fencing is prohibited. s . ii. Chain link and other wire fencing is to only allowed if used with a living fence between it and the public right of way. While appropriate for the backyard,this fence is too high for a front yard. 124 Virginia Beach Historic&Cultural District Design Guidelines Chapter 7:Design Guidelines for Site,Setting,&Signage in Historic&Cultural Districts B. New back and side yard fencing/walls: I. Back and side yard fencing/walls are considered to be in any part of the yard not adjacent to the street and behind 20 feet from the rear corner of the main structure (see illustration �•, on previous page). a. Height should not exceed 8 feet as allowed by the Zoning Ordinance. b. Materials can be made of living fence was (hedges, shrubs, etc.), wood boards, brick, , _• . wrought/cast iron. i. Prefinished aluminum and chain link or other wire fencing should be allowed as prescribed below. ii. Plastic, vinyl, barbed wire, and electrical • e.. • •, • fencing is prohibited. II. If tall fences are to be constructed, wood slats at least 3/4" thick should be used to provide adequate durability. III. If not visible from the public right-of-way, • .•. • • - •• prefinished aluminum, chain link, and other wire fencing is allowed. IV. If visible from the public right-of-way or if a precedent for historic resources exists, prefinished aluminum, chain link, and other wire fencing is only allowed if used with a living fence in front of it. • -.- •- Virginia Beach Historic&Cultural District Design Guidelines Chapter 7:Design Guidelines for Site,Setting,&Signage 125 in Historic&Cultural Districts J. PLANNING 1. DONNA D. HARRIS & BORIS G. DREW for a Variance to Section 4.4.(b) of Subdivision Regulations re lot width at 970 Whitehurst Landing Road DISTRICT 1 RECOMMENDATION: APPROVAL 2. GLOBAL MONTELLO GROUP CORP, for a Change in Nonconformity re relocate an existing nonconforming sign at 1689 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. MICHAEL L. McGLYNN &TRACI R. McGLYNN for a Change in Nonconformity re add a front porch and a 2"1 story addition with balcony to an existing single-family dwelling at 311 35th Street DISTRICT 6 RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH RESIDENCES, LLC/ BAKER ROAD PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning re construct a 375-unit multi-family development at 1276 Baker Road and vacant parcel north of 1276 Baker Road DISTRICT 4 (Deferred from 08/12/2025) RECOMMENDATION: APPROVAL 5. VB FBDC LLC DBA FUNNY BONE DRAFT CADE / PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re install a 91 square foot sign at 4554 Virginia Beach Boulevard, Suite 100 DISTRICT 9 RECOMMENDATION: APPROVAL 6. CHARLESE HASAN / CEC FAMILY TRUST for a Conditional Use Permit re short term rental at 213 4th Street DISTRICT 5 RECOMMENDATION: APPROVAL 7. DAVID & DEBORAH DOWDY/ DAVID WAYNE & DEBORAH M. DOWDY for a Conditional Use Permit re short term rental at 423 2111 Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. RICHARD F. DAVIS and RICHARD A. DAVIS for a Conditional Use Permit re short term rental at 304 28th Street, Unit 206 DISTRICT 6 RECOMMENDATION: APPROVAL 9. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2404 re Western Campus Overlay District RECOMMENDATION: APPROVAL 10. Ordinance to AMEND City Floodplain Ordinance Sections 1.3, 4.3, 4.10, 6.1, 6.3, and 6.7 re functionally dependent uses, residential construction requirements and grandfathering RECOMMENDATION: APPROVAL 11. Ordinance to AMEND the 2016 Comprehensive Plan / Master Transportation Plan re removal of a portion of Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way District 2 RECOMMENDATION: APPROVAL 4s NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,September 16, 2025 at 6:00 p.m. in the Council Chamber at City Hall,Bullding 1,2,,d Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 16,2025. 2. Download WebEx and viewthe meeting at httns://vtyov-weber com/weblink/ree icter/ra692ra73rl3hiahid8f dr,Ri 73_h2FRrn - The following requests are scheduled to be heard: CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND THE 2016 COMPREHENSIVE PLAN PERTAINING TO THE MASTER TRANSPORTATION PLAN BY REMOVAL OF A PORTION OF THE SOUTHEASTERN PARKWAY AND GREENBELT Copies of the proposed plans,ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https.,//clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC PILOT-SEPTEMBER 4,2025& SEPTEMBER 9,2025-J.TIME EACH tfP 81) h ")' e f NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, September i6,2025 at 6:00 p.m.In the Council Chamber at City Hall,Building t, 2^a Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 16,2025. 2. Download WebEx and view the meeting at: https;//vbPov webex com/wer)link/rePister/ra692ca73d3blabld8fOc4F 8173b258c0 The following requests are scheduled to be heard: Donna D. Harris & Boris G. Drew (Applicant& Property Owner) Subdivision Variance(Section 4.4.(b)of Subdivision Regulations)Address:970 Whitehurst Landing Road GPIN:1.466330252 City Council: District 1(Hutcheson) Global Montello Group Corp. (Applicant & Property Owner) Change in Nonconformity Address: 1689 Laskin Road GPIN: 2407880612 City Council: u, District 6(Remick) Michael L.McGlynn&Traci R.McGlynn(Applicant&Property Owner)Change in Nonconformity Address: 311 35th Street GPIN: 2418936530 City Council: District 6(Remick) Virginia Beach Residences, LLC Property Owner: Baker Road Properties LLC Modification of Proffers Address:1276 Baker Road&vacant parcel north of 1276 Baker Road GPINs:1469005850,1469014520 City Council: District 4(Ross- Hammond) VB FBDC LLC dba Funny Bone Draft Cade Property Owner: Pembroke Square Associates LLC Alternative Compliance Address:4554 Virginia Beach Boulevard, Suite 100 GPIN:1477554898 City Council: District 9(Schulman) Charlese Hasan Property Owner:CEC Family Trust Conditional Use Permit(Short Term Rental)Address:213 4th Street GPIN: 24272286045670 City Council: District 5(Wilson) David & Deborah Dowdy Property Owner: David Wayne& Deborah M Dowdy Conditional Use Permit (Short Term Rental) Address: 423 21st Street GPIN: 24270823850001 City Council: District 6(Remick) Richard F.Davis and Richard A.Davis(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 304 28th Street, Unit 206 GPIN: 24280028662006 City Council: District 6(Remick) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 2404 OF THE CITY ZONING ORDINANCE PERTAINING TO THE WESTERN CAMPUS OVERLAY DISTRICT CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 1.3,4.3,4.10, 6.1, 6.3 AND 6.7 OF THE FLOODPLAIN ORDINANCE PERTAINING TO FUNCTIONALLY DEPENDENT USES, RESIDENTIAL CONSTRUCTION REQUIREMENTS AND GRAN DFATHERING Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 2,2025&SEPTEMBER 9,2025-1 TIME EACH R", R7.5 c� 0 Z R7.5 wy�T 117.5 Fy�RsT <gHO'yG R5 D �> c, Site " Zoning Donna D. Harris & Boris G. Drew WF Property Polygons 970 Whitehurst Landing Road S Feet 0 25 50 100 150 200 Map created by Planning Department on 8/29/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONNA D. HARRIS & BORIS G. DREW [Applicants & Property Owners] Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for Lot Width) for the property located at 970 Whitehurst Landing Road (GPIN 1466330252). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: September 16, 2025 ■ Background: The subject parcel was improperly created by deed in 1968 (Deed Book 1082, Page 61), at which time a Subdivision Plat was required to legally create the lot. The parcel is zoned R-7.5 Residential District, which requires a minimum lot width of 75 feet for single-family dwellings. The subject parcel has a substandard lot width of 10 feet. A plat cannot be recorded to legally establish the existing boundaries of the parcel without the granting of a Subdivision Variance for the lot width. ■ Considerations: A single-family dwelling has existed on the subject parcel since 1968. The property shares a 20-foot-wide ingress/egress easement with 972 Whitehurst Landing Road to the north. This property was similarly created by deed and developed in the 1960s. In 2007, 972 Whitehurst Landing Road was granted a Subdivision Variance for its own 10-foot lot width. This application is consistent with what has previously been approved in this neighborhood. 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 August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The lot shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision of A Portion of Parcel `D' Subdivision of the John W. Smith Estate" dated May 21, 2025, and prepared by Fox Land Surveying, PC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. Donna D. Harris & Boris G. Drew Page 2 of 2 2. A public sewer line is present along the western property line of the subject property. A public utility easement must be dedicated on the final plat for maintenance of this line in accordance with Section 4.2(a) of the Subdivision Regulations Design Standards. ■ 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 Departmenty ``� City Manager: Agenda Applicant : Property • D• : Boris Planning Commission • 2025 . City • - • _ IM Project Details Request Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for Lot Width) Staff Recommendation Approval '`a Staff Planner ' /��� , Aubrey A. Trebilcock Location tILRTW o `y 970 Whitehurst Landing Road GPIN v 1466330252ci -' Site Size 22,167 square feet w., .. ° A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay ' Existing Land Use and Zoning District Q . Single-family Dwelling/R-7.5 Residential Surrounding Land Uses and Zoning Districts North j. Single-family Dwellings/ R-7.5 Residential South 4o%N�Ror P� '. p' � x[ Single-family Dwellings/ R-7.5 Residential "PQ East Single-family Dwellings/ R-7.5 Residential West Single-family Dwellings/R-7.5 Residential Donna D. Harris & Boris G. Drew Agenda Item 3 page 1 of 11 Background SummaryofProposal • The subject parcel, known as "A Portion of Parcel V, Subdivision of the John W. Smith Estate" was improperly created by deed in 1968 (Deed Book 1082, Page 61) at which time a Subdivision Plat was required to legally create the lot. • The parcel is zoned R-7.5 Residential District, which requires a minimum lot size of 7,500 square feet and a minimum lot width of 75 feet for single-family dwellings.The subject parcel is 22,167 square feet in size with a substandard lot width of 10 feet. • The applicant is seeking to have a plat recorded to correct the improper creation of the parcel by deed. The substandard 10-foot lot width of the subject parcel necessitates that a Subdivision Variance be granted before a plat can be put to record. Required Proposed Required Proposed Proposed Lot Lot Width Lot Width (feet) Lot Area Lot Area (feet) (square feet) (square feet) ----7Lot D-2 75 10* 7,500 22,167 HistoryZoning Map Key No. Request 1 SVR (Lot Width) Approved / 07/10/2007 t \ - o J 5 R5D 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 Donna D. Harris & Boris G. Drew Agenda Item 3 page 2 of 11 Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The subject parcel shares many similarities with the neighboring property to the north, 972 Whitehurst Landing Road, which was previously granted a Subdivision Variance. Both were created improperly by deed in the 1960s and have had single-family dwellings present ever since.The parcels have a shared ingress/egress easement for a private driveway that is split by 10-foot-wide sections of each parcel. In 2007, 972 Whitehurst Landing Road was granted a Subdivision Variance for its 10-foot lot width so that it could be properly platted, and its single-family use ensured for the future. The applicant's request is consistent with what has previously been approved in this area and would not negatively affect the character of the neighborhood as this parcel has been developed with a single-family dwelling since 1968. Strict application of the ordinance would produce undue hardship by denying future redevelopment of the property. Based on the above considerations, Staff is recommending approval of the variance request subject to the conditions provided below. Donna D. Harris & Boris G. Drew Agenda Item 3 page 3 of 11 Recommended Conditions 1. The lot shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision of A Portion of Parcel 'D' Subdivision of the John W. Smith Estate" dated May 21, 2025, and prepared by Fox Land Surveying, PC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A public sewer line is present along the western property line of the subject property. A public utility easement must be dedicated on the final plat for maintenance of this line in accordance with Section 4.2(a) of the Subdivision Regulations Design Standards. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (Section 1.3, p. 85) 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. Donna D. Harris & Boris G. Drew Agenda Item 3 page 4 of 11 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-10 ADT Whitehurst Landing Road 2,700 ADT' 8,700 ADT 1(LOS 3"D") Proposed Land Use Z-10 ADT 1 Average Daily Trips 2As defined by a 3LOS = Level of single-family dwelling Service Master Transportation Plan(MTP)and Capital Improvement Program (CIP) Not included in the Master Transportation Plan or in the Capital Improvement Program. Active Transportation Plan Whitehurst Landing Road is called out as a Locally Identified Route within the Active Transportation Plan. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 2025. Donna D. Harris & Boris G. Drew Agenda Item 3 page 5 of 11 • 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 29, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on September 12, 2025. Donna D. Harris & Boris G. Drew Agenda Item 3 page 6 of 11 LOT AgFA w R08ERT W.b LEGEND «�9666--333--IOORE IM4 O DENOTES STEEL PIN M CONCNE'IE 0 P 1t.IAV Q.i6I f 1166-,1W,�, 1 """•-- S,p (04 1765.P.767) 0 DENOTES SF-r PIN 6 urE6APP.i'RIA¢1[w Of DW.,— '-"� • DENOTES FOUND PIN OR PIPE i! 'ENER:1'PCRMonT YFRo) i tna.ux,P Grp THE IMERSG,EO CEROIY i/W THE RE910WWN✓6 IT M - • 1NF IW"lX' �GNS OM IRIS RI7 Ck,T J1tY5 TO Ji": /$E RL'TlfOMS KIAIAIC t0 MC CERNY AS OF 114 61R1 b EM OF NTHE M",RT. W LT OR OWR RC LMCF%6YE0 OO ROf CFR pw ixsw AS 10 11Y CpIFECRIFSS IK us E6%MMRY. OMEN vJeEK 11t1MIS AD7 9RAR1 ENS PLATE Rr MN 31 EFFECT�AYD NL mar ijRMR617C0 M tXIMWIHED 0Y OW55M FROM llt5 MA, 1' APPROVED: Pi*N^.Dw."..CIE,or i D-2 /3' !: kvRFN o.. r 1� MSE-33-D39? 1 1.t IASlES3(.61151 fA5[Y[NY n6,rat P. 1 LOT 1 R/{ 1� JAM E TENNEY,JR. r I A DE20RAH L TENNEY 1460-33-1167 S_62'393?9'_p�_IEO� 0A 3ml,P.165) R ! (ma 755,P.61) 1 AMi P1YLL{ 1 .� 1 I.aSFMeHI a E SR.P.W) \ s 25 nvoAv.O 71 50 76 rest PAPOfl A If/F ,+••••.., J GRAPHIC SCALE L'7T1 0 "• + CAROLYN W.GREGORY r - zs f'Yr 1766-1]-<X{7 '� (NST 1011G6I9000,`iN150) 61) TRAws M roz On.Ne.1678 tyry•.. �04 f RErER'LD SHSBT t M 9 PAN ADDITIONAL ND ct�Ince56n�� LAND SIX 4 WARM 1+ p / J sucomsloN OF C I ( A PORTION OF PARCEL "D" NhhT 1 SUODMSION OF THE � !FIX r NSMAYI ".TORN W. SMITH ESTATE" fNy� w ,e,R:,..',3 yl ,f+yJ•ry • ��y G? (U.B. 56, P. 70)(O.D. 1082, P. 61) X' TrCN:N! EM. At*.,A"eM� .;po, D Z �,b�� I,p�A•A6154. VIRCINIA DEACIt, VIRGINIA 21 MAY, 2025 m W -"� V (y. SCALR: 1" = 20' O SHEET 3 OF 2 O (D 0 rD W Site • . t . f k. 4' Donna D. Harris & Boris G. Drew Agenda Item 3 page 8 of 11 Disclosure Dorusign Envelope 10:F5746C67$t34.43F3-ABF1-80675EF87189 BEACHCITY OF VIRGINIA Disclosure V--B- 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 DONNA D. HARRIS and BORIS G. DREW Is Applicant also the Owner of the subject property? YesO Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No0 If yes,name Representative: Brett B. Thompson Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoQ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) E: Does the subject property have a proposed or pending purchaser? Yes �)' No If yes,name proposed or pending purchaser: Caleb Brown and TOri Brown 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 (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Donna D. Harris & Boris G. Drew Agenda Item 3 page 9 of 11 Disclosure Statement Dowses Envelope 0 F5746C67-8134-43F3-Wl-8 675EFB7489 SECTIONDISCLOSURE r SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q Architect/Land Planner 0- Construction Contractor Q J Engineer/Surveyor/Agent Q TRAVIS FOX-FOX LAND SURVEYING Legal Services 0 THOMPSON LAW GROUP PLLC APPLICANT CERTIFICATION READ.l certify that all information contained in this Farm is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 6/9/2025 DONNA D.HARRIS and SORTS G.DREW (� 6/9/2025 5 6 Nou Applicant Name(Print) Applicant Signature Date 1"Porent-subsidiary relationship"means a relationship that exists when one corporation directly or indirectly awns shores possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means a relationship,other than parent-subsidiary relationship, that exists when ti)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 ore common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act,Va.Code§2.2-3101. FOR CiTY USE ONLY: No changes as of(date): August 28, 2025 Aubrey Trebi[cock damp, T,m/.-e-eeel 08/28/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Donna D.�Harris & Boris G. Drew Agenda Item 3 page 10 of 11 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. Donna D. Harris & Boris G. Drew Agenda Item 3 page 11 of 11 Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #03 Donna D. Harris and Boris G. Drew Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item for our consent agenda is Item#3, Donna D.Harris and Boris G. Drew property owners. Is there a representative for this item in the room today? Mr.Thompson: Good afternoon,Commissioners. My name is Brett Thompson with Thompson Law Group and I represent the applicants on Item#3 today. Mr. Coston: Are the conditions acceptable to you? Mr. Thompson: Yes. Mr. Coston: Thank you. You may be seated. We've asked Commissioner Camp to read this item into the record. Mr. Camp: Agenda Item#3 is an application for subdivision variance pertaining to property at 970 Whitehurst Landing Road. The subject parcel was improperly created by deed in 1968, at which time a subdivision plat was required to legally create the lot. The applicant is seeking to have a plat recorded to correct the improper creation by deed. The substandard 10-foot lot width of the subject parcel necessitates that a subdivision variance be granted before such a plat can be put to the record. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3,4, 9, 12 and 13, and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August Th,2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So, we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person, but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The lot shall be in substantial conformance with the conceptual subdivision plan entitled "Subdivision of A Portion of Parcel 'D' Subdivision of the John W. Smith Estate" dated May 21, 2025, and prepared by Fox Land Surveying, PC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A public sewer line is present along the western property line of the subject property. A public utility easement must be dedicated on the final plat for maintenance of this line in accordance with Section 4.2(a) of the Subdivision Regulations Design Standards. 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. `Pg�C1N RD SK1N RD 1A T T CAskr 0 0 0 0 Z T Z c n v B2 0 0 z 0 R2 B2 �PNKERS LN ® site N CI Zoning Global Monteilo Group Corp. WZF Property Polygons 1689 Laskin Road S Feet 0 15 30 60 90 120 Map created by Planning Department on 8/29/2025 =Z� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GLOBAL MONTELLO GROUP CORP [Applicant & Property Owner] Change in Nonconformity for the property located at 1689 Laskin Road (GPIN 2407880612). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 16, 2025 ■ Background: The applicant requests to relocate an existing nonconforming sign on the BP gas station site located at 1689 Laskin Road. The service station was constructed in 1979, and the sign was originally located at the corner of Laskin Road and First Colonial Road. The sign was relocated to its current location in 2023 when the Virginia Department of Transportation (VDOT) acquired a portion of the subject property, including the area where the sign was located, for a road widening project. The applicant now seeks to relocate the sign to the newly established corner of the property at the intersection of Laskin Road and First Colonial Road. The existing sign is nonconforming with regard to height and area of the sign face. Section 214(a) of the current Zoning Ordinance limits the height of freestanding signs to 12 feet; however, the existing sign is 22 feet and 7 inches tall. Additionally, Section 904(b) of the Zoning Ordinance would limit the total square footage of display area for the subject sign to 32 square feet; however, the existing sign has a display area of 97.8 square feet. Due to the loss of property at the corner and the existing location of the gas pumps, the applicant cannot meet the 7-foot setback requirement specified in Section 214(b) of the Zoning Ordinance. As such, the applicant is requesting a deviation to allow a setback of 3 feet. While the sign will maintain the same degree of nonconformity with regard to height and the size of the sign face, the request does constitute an expansion of the nonconformity due to setbacks. ■ Considerations: The applicant is requesting to relocate the existing sign back to the corner of the property now that the VDOT road project is complete. If not for the road project, the sign could have stayed in the location in perpetuity as a legally nonconforming sign. Public Works/Traffic Engineering has reviewed the proposed concept and landscape plan and determined that the proposed location will not interfere with either vehicular or pedestrian traffic. Global Montello Group Corp Page 2 of 2 The change in nonconformity with respect to the sign's size should be limited to the existing sign and not grant permissions beyond the allowance of the Zoning Ordinance for any future sign. However, the current and any future sign meeting all other standards of the Zoning Ordinance should be permitted the reduced setback as it is not reasonably feasible to meet the setback requirement for a sign on the corner, unless there is redevelopment of the gas pumps and canopy. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The proposed location of the sign and associated improvements, including the new curbline and landscaping, shall be substantially in conformance to the concept plan entitled "Sign Location Plan", originally dated 03/18/2025 and revised 06/17/2025, prepared by German-Pedersen, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. As indicated on the plan, the sign shall be no closer than three feet (3') to the property line. 2. Only the existing sign, as shown in the submitted "Previously Existing Sign" exhibit, or a sign that otherwise fully complies with current regulations, may be placed at the location specified in Condition 1. 3. The existing sign shall not be modified in any way that increases the height, width, or size of the sign face. ■ Attachments: Staff Report and Disclosure Statements Resolution Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 A RESOLUTION TO ALLOW THE RELOCATION AND 2 EXPANSION OF A NONCONFORMING STRUCTURE ON 3 PROPERTY LOCATED AT 1689 LASKIN ROAD 4 5 WHEREAS, Global Montello Group Corp. (the "Applicant") has made application 6 to the City Council for authorization to relocate and expand the nonconforming sign 7 located at 1689 Laskin Road and zoned B-2 Community Business District; 8 9 WHEREAS, this parcel currently contains a sign that does not meet the current 10 zoning regulations. The sign is 22 feet and 7 inches in height with a sign face area of 97.9 11 square feet, which is not permitted under the City Zoning Ordinance. The sign was 12 constructed prior to the adoption of the applicable zoning regulations and is therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on August 13, 2025; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded is equally 21 appropriate or more appropriate to the zoning district than the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming structure as 27 relocated and expanded, will be equally appropriate to the district as is the existing 28 structure under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed location of the sign and associated improvements, including the new 34 curbline and landscaping, shall be substantially in conformance to the concept plan 35 entitled "Sign Location Plan", originally dated 03/18/2025 and revised 06/17/2025, 36 prepared by German-Pedersen, Inc., which has been exhibited to the Virginia Beach 37 City Council and is on file with the Department of Planning & Community 38 Development. As indicated on the plan, the sign shall be no closer than three feet (3') 39 to the property line. 40 41 2. Only the existing sign, as shown in the submitted "Previously Existing Sign" exhibit, or 42 a sign that fully complies with current regulations, may be placed at the location 43 specified in Condition 1. The existing sign shall not be modified in any way that 44 increases the height, width, or size of the sign face. 45 46 3. Any new freestanding sign shall meet all applicable requirements of the City Zoning 47 Ordinance in effect at that time, including but not limited to setback, sign height, and 48 size of sign face. 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: tanning and Community City Attorney's Office Development CA16930 R-2 August 4, 2025 2 Agenda Applicant & Property Owner: Global Montello Group Corp. Planning Commission • 2025 . CouncilCity Project Details Request Change in Nonconformity Staff Recommendation Approval i �.pWp•a Staff Planner , Michael Hayes Location 1689 Laskin Road GPIN 2407880612 Site Size �N ' 23,300 square feet AICUZ N Greater than 75 dB DNL ' r`� Watershed ""s =•' E — T Chesapeake Bay Existing Land Use and Zoning DistrictV Automobile Service Station / B-2 Community Business ' Surrounding Land Uses and Zoning Districts North Laskin Road . Retail Establishment/ B-2 Community Business ,- '+++ South " Undeveloped land / B-2 Community Business East , ' Retail Establishment/ B-2 Community Business ' West �+ First Colonial Road Retail Establishment/ B-2 Community Business Global Montello Group Corp. Agenda Item 4 page 1 of 18 Background & Summary of Proposal • The applicant is requesting a Change in Nonconformity to move a legally nonconforming sign on this B-2 Community District zoned property located within the Hilltop Strategic Growth Area (SGA). • The site is currently developed with a BP automobile service station, which was constructed in 1979.The sign was originally located at the corner of Laskin Road and First Colonial Road; however, the Virginia Department of Transportation (VDOT) acquired a portion of the subject property, including the area where the sign was located, for a road widening project. As such, the sign was relocated to its current location in 2023. • The applicant is requesting to relocate the sign to the newly established corner of the property at the intersection of Laskin Road and First Colonial Road. • The sign is currently positioned on a concrete pad along Laskin Road, surrounded by protective bollards and no landscaping. • The proposed relocation would place the sign approximately 3 feet from the property line at the corner, accompanied by new curb and gutter installation, landscaping around the sign, and the protective bollards. • The existing sign is nonconforming with regards to height and area of the sign face. • As required by Section214(a) of the Zoning Ordinance the height of a freestanding sign cannot exceed 12 feet. The existing sign is 22 feet 7 inches tall. • Section 904(b) of the Zoning Ordinance limits the total square footage of display area allowed on a freestanding sign based on the length of a street frontage of the property. Given the longest street frontage of the property is less than 200 linear feet, the freestanding sign is limited to 32 square feet. The existing sign has 97.8 square feet of sign face. Global Montello Group Corp. Agenda Item 4 page 2 of 18 Zoning History # Request CUP (Automobile Repair Garage)Approved s` 1 12/08/2015 B2 SVR Approved 05/11/2004 2 CUP (Car Wash)Approved 08/15/2002 CUP (Car Wash) Approved 12/14/1999 0 70 g2 SA 1 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 - • • • Staff finds this request for a Change in Nonconformity, to relocate the existing nonconforming sign to a new location on the same site, acceptable. As stated previously, the existing sign is legally nonconforming as to height and size of the sign face. It was required to be relocated to accommodate a major VDOT road project in 2023. The sign previously existed on the corner of First Colonial Road and Laskin Road on a portion of the property that is now part of the right-of- way. While the original location met the setback requirements, the height of 22 feet 7 inches exceeded the maximum height of 12 feet permitted by the Ordinance. Additionally, Section 904 of the Ordinance limits the size of the freestanding sign face to 32 square feet while the existing sign has 97.8 square feet of sign face. With construction complete, the applicant is requesting to move the sign back to the corner of the parcel, thus requiring the Change in Nonconformity application. Since the request is within 2 years of the sign's 2023 relocation, it is still considered a legally nonconforming sign in accordance with Section 215 of the Zoning Ordinance. While the sign will maintain the same degree of nonconformity with regards to height and size of the sign face, since the proposed location is only 3 feet from the right-of-way rather than the 7 feet required by the Ordinance, the proposal would constitute an expansion of the nonconformity due to the setbacks. Global Montello Group Corp. Agenda Item 4 page 3 of 18 Permitting the sign to be relocated at the corner of the property would give the service station similar presence to what existed prior to the road widening. The applicant is not requesting to extend the height of the sign nor to erect a new sign but only to relocate the existing sign.The request to encroach into the required setback is due to site constraints stemming from the road project. The Department of Public Works reviewed the proposal to ensure the new sign location and associated plantings will not interfere with sight lines or equipment at the intersection. Staff believes the relocation of the sign will not result in any adverse impacts to adjacent property owners, right-of-way, or motorists traveling along this corridor. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions 1. The proposed location of the sign and associated improvements, including the new curbline and landscaping, shall be substantially in conformance to the concept plan entitled "Sign Location Plan", originally dated 03/18/2025 and revised 06/17/2025, prepared by German-Pedersen, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. As indicated on the plan, the sign shall be no closer than three feet (3')to the property line. 2. Only the existing sign, as shown in the submitted "Previously Existing Sign" exhibit, or a sign that otherwise fully complies with current regulations, may be placed at the location specified in Condition 1. 3. The existing sign shall not be modified in any way that increases the height, width, or size of the sign face. 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. Global Montello Group Corp. Agenda Item 4 page 4 of 18 Comprehensive Plan Information This project falls within the Hilltop SGA. The Hilltop SGA Land Use Plan envisions this area for non-residential mixed-use development, a 5-story max according to the Building Heights Plan, and is part of the "Kmart Block" of a Case Study done for this implementation plan (p. 39-41, Hilltop SGA Master Plan).This block is envisioned to become a "vibrant and walkable shopping center" (p.42, Hilltop SGA Master Plan). According to the Reference Handbook, signs should be consistent with the color and theme of the primary building while primarily serving to identify the name, street number, and nature of the business (p. B-3). 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. ImpactsPublic Utility Water and Sewer City water and sanitary sewer exist on site. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 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 29, 2025. Global Montello Group Corp. Agenda Item 4 page 5 of 18 • 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 September 12, 2025. Global Montello Group Corp. Agenda Item 4 page 6 of 18 Resolution A RESOLUTION TO ALLOW THE RELOCATION AND EXPANSION OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 1689 LASKIN ROAD WHEREAS, Global Montello Group Corp. (the "Applicant") has made application to the City Council for authorization to relocate and expand the nonconforming sign located at 1689 Laskin Road and zoned B-2 Community Business District; WHEREAS, this parcel currently contains a sign that does not meet the current zoning regulations. The sign is 22 feet and 7 inches in height with a sign face area of 97.9 square feet, which is not permitted under the City Zoning Ordinance. The sign was constructed prior to the adoption of the applicable zoning regulations and is therefore nonconforming; WHEREAS, the Planning Commission of the City of Virginia Beach recommended approval of this application on August 13, 2025; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure as expanded is equally appropriate or more appropriate to the zoning district than the existing structure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed nonconforming structure as relocated and expanded, will be equally appropriate to the district as is the existing structure under the conditions of approval set forth herein below. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The proposed location of the sign and associated improvements, including the new curbline and landscaping, shall be substantially in conformance to the concept plan entitled "Sign Location Plan", originally dated 03/18/2025 and revised 06/17/2025, prepared by German-Pedersen, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. As indicated on the plan, the sign shall be no closer than three feet (3') to the property line. 2. Only the existing sign, as shown in the submitted "Previously Existing Sign" exhibit, or a sign that fully complies with current regulations, may be placed at the location specified in Condition 1. The existing sign shall not be modified in any way that increases the height, width, or size of the sign face. 3. Any new freestanding sign shall meet all applicable requirements of the City Zoning Ordinance in effect at that time, including but not limited to setback, sign height, and size of sign face. Global Montello Group Corp. Agenda Item 4 page 7 of 18 Resolution 4. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. Global Montello Group Corp. Agenda Item 4 page 8 of 18 Previous Conditions ru n"l .w , N I .. '• ,R �``�F ° 1 u Global Montello Group Corp. Agenda Item 4 page 9 of 18 r r r i by 04 RMW r e � w Global Montello Group Corp. Agenda Item 4 page 10 of 18 All 0 i�E:y�. E his!E.t f<5'�p 11, r. : tE Xu��Si�:: �a sf�Ai R a E :•. ,fir � t6f 5Sry T NN t! 4 E 3 •j ��l�� — � i i x/'�„'wK-' nN' 4 ! n[ ,, ,e -r•_r�_._..'^ ti11.ROAD Y igE3a E t }ifiriio�iE6 .Gfa5slEd��`isl� i E939:'6�tiE�i l(i�E i�t�4?�3 S.!{lu;8so.fl®.r�oeogo A.aotE� ¢ EE X i a.�Ep4pe�eSt}g}s�tEE���3iX�X4�;° .o.r.°E 4:e STzla.ssi�S7i;T Ef Global Montello Group Corp. Agenda Item 4 page 11 of 18 Survey • • '6099L1 OLL90900Z Isul °£ i 5! `� 1 o t ,1 1 1 ` � � � 4 \50 e„ .V-T, ry i� i>! _.s t a G nt Location ` �, 9 Ity pow i r• Q so r � � a m ti z e ter" ONIAµoL R�A,O.a rwF a.n COl,e� Global�Montello Group Corp. Agenda Item 4 page 12 of 18 Proposed Conceptual Site Plan Ui hill i all It lit � Global K4onteUu Group Corp. Agenda Item 4 page l3ofl8 Disclosure Statement CITY 01 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application GLOBAL MONTELLO GROUP CORP., a Delaware corporation Is Applicant also the Owner of the subject property? YesQ NoQ if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(;)No0 if yes,name Representative: Robert P. Beaman III,Troutman Pepper Locke LLP Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0NoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 3 or affiliated business entity I relationship with the applicant.(Attach list if necessory.) See attached List of Officers and Organizational Chart. Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO NoC 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 (Nam_a entity and/or individual) Financing(mortgage,deeds of trust„ Q O cross-collateralization,etc.) I � Real Estate Broker/Agent/Realtor 1_ .Disclosure Statement I rev. May-2024 page 1 of 3 Global Montello Group Corp. Agenda Item 4 page 14 of 18 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accountin axRetum Pre aration 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 G GPI ENineering Design Planning Constnickan Engineer/Surveyor/Agent 0 0 lrsp=on-Huse0SeHncgil Legal Services Q 0 Robert P Beaman 111,Troutman Pepper Locke LLP APPLICANT CERTIFICATION READ:I certify that ail information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,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. GLOBAL MONTELLO GROUP CORP., a Delaware corporation j+ Applicant Name(Print) Applicant Signature D t` e�— 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/281-2-025 Michael Hayes _ 8/28/2025 Staff Name(Print) Staff Sign Date Disclosure Statement I rev. May-2024 page 2 of 3 Global Montello Group Corp. Agenda Item 4 page 1S of 18 Disclosure CORPORATE OFFICERS Name&Address �1t g Eric Slifka Director,President and Chief Executive 800 South Street Officer Waltham,MA 02453 Sean T.Geary Chief Legal Officer and Secretary 800 South Street Waltham,MA 02453 Matthew Spencer Chief Accounting Officer 800 South Street Waltham,MA 02453 Gregory Hanson Chief Financial Officer 800 South Street Waltham MA 02453 Mark Romaine Chief Operating Officer 800 South Street Waltham,MA 02453 Global Montello Group Corp. Agenda Item 4 page 16 of 18 Disclosure Global Partners LP Affiliated Business Entities 1. Global Operating LLC(DE) 2. GLP Finance Corp.(DE) 3. Alliance Energy LLC(MA) 4. Basin Transload LLC(DE) 5. Cascade Kelly Holdings LLC(OR) 6. Chellea Sandwich LLC(DE) 7. Global Companies LLC(DE) 8. Global Everett Landco LLC(DE) 9. Global Montello Group Corp.(DE) 10. Meridian Bunker Corp.(DE) 11. Global Terminal Holdings LLC(DE) 12. Global Partners Energy Canada ULC(Alberta Canada) 13. Global Partners Energy Switzerland GmbH(Switzerland) 14. Bursaw Oil LLC(MA) 15. Glen Hes.Corp.(DE) 16. Warren Entities,Inc.(DE) 17. SPR Holdings LLC(DE) 18. Global Chelsea Terminals LLC(DE) 19. Global Linden Terminals LLC(DE) 20. Drake Petroleum Company,Inc.(MA) 21. Maryland Oil Company,Inc.(DE) 22. SPR Operator LLC(DE) 23. Spring Partners Retail LLC(DE) 24. Global New Haven Terminals LLC(DE) 25. Global Woodbury Terminals LLC(DE) 26. Puritan Oil Company,Inc.(NJ) 27. Warex Terminals Corporation(NY) 28. Spring Partners Licensing LLC(TX) 29. Global East Providence Terminals LLC(DE) Global Montello Group Corp. Agenda Item 4 page 17 of 18 • 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. Global Montello Group Corp. Agenda Item 4 page 18 of 18 Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #04 Global Montello Group Corp. Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you sir. Next item for consent agenda is Item #4, Global Montello Group, property Owners Global Montello Group Corporation. Mr. Beaman: Thank you Mr. Vice-Chair, Madam Chair, members of the Commission for the record,Rob Beaman,local land attorney at Troutman Pepper Locke Law firm here today on behalf of the applicant. We've had a chance to review the conditions. They're acceptable and we appreciate being on the consent agenda. Thank you. Mr. Coston: Thank you. Is there any objection to this item being placed on the consent agenda? Seeing none,we ask Commissioner Plumlee to read this item into the record. Mr.Plumlee: This is an application by Global Montello Group Corporation at 1689 Laskin Road. This is the BP on the corner of Laskin and First Colonial. The request is to move a legally non- conforming sign on this site. It's, as I stated, developed by BP automobile service station constructed in 1979. The sign was originally located at the corner of Laskin and First Colonial, but the City Department of Transportation acquired that portion of the property including that area requiring the sign be moved. As such, the applicant has requested the sign be again relocated to that corner. There's been no objection made by the public noted here. There's no speaker in opposition and the members of the Planning Commission agreed it was best to be placed on the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3, 4, 9, 12 and 13, and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August 7th, 2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person,but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The proposed location of the sign and associated improvements, including the new curbline and landscaping, shall be substantially in conformance to the concept plan entitled "Sign Location Plan", originally dated 03/18/2025 and revised 06/17/2025, prepared by German- Pedersen, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. As indicated on the plan, the sign shall be no closer than three feet (T) to the property line. 2. Only the existing sign, as shown in the submitted "Previously Existing Sign" exhibit, or a sign that otherwise fully complies with current regulations, may be placed at the location specified in Condition 1. 3. The existing sign shall not be modified in any way that increases the height, width, or size of the sign face. 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, ore 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. Al2 ,.,�35jN HALF S1 02 m v -o Al2 N '00 35SH gS ® Site " C1 Zoning Michael L. & Traci R. McGlynn w-*e 0 Property Polygons 311 35th Street S, Feet 0 10 20 40 60 80 Map created by Planning Department on 8/29/2025 i q ti rr LZ Co CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL L. MCGLYNN & TRACI R. MCGLYNN [Applicants & Property Owners] Change in Nonconformity for the property located at 311 35th Street (GPIN 2418936530). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 16, 2025 ■ Background: The applicant is requesting a Change in Nonconformity to expand a legally non- conforming dwelling to include a front porch and a second-story addition with a balcony, at the rear of the site. The site was developed in 1940, prior to the adoption of a Zoning Ordinance. As a result, the site does not meet several current zoning requirements, including minimum lot width, lot coverage, front, side, and rear setbacks. Additionally, the existing single-family dwelling use is not permitted within the A-12 Apartment District. ■ Considerations: The request for a Change in Nonconformity is limited in scope and is in keeping with the development pattern of the surrounding area. The proposed expansion will not generate any adverse impacts on adjacent properties or the surrounding neighborhood. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The site shall be developed in substantial conformance to the exhibit entitled "Proposed Additions and Physical Survey of 311 35th Street Lot 1 & Eastern Five Feet of Lot 2 Sea Pines (M.B. 22, P. 66) Site I Linkhorn Park (M.B. 5, P. 93) & (M.B. 5, P 151)," prepared by Hayden Frye and Associates Inc. Land Surveyors, dated December 4, 2024, Revised: 3/4/25, 4/2/25, 5/15/25, 6/3/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials, and color palette to the building elevations entitled "South Elevation" and "East Elevation," dated July 28, 2025, Michael L. McGlynn and Traci R. McGlynn Page 2 of 2 depicted on page 9 of this report which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 4. The applicant shall remove and not replace the existing shed on the site. ■ Attachments: Staff Report and Disclosure Statements Resolution Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. f Submitting Department/Agency: Planning Department City Manager: f" 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 311 35th Street 4 5 WHEREAS, Michael L. McGlynn and Traci R. McGlynn (the "Applicants") have 6 made application to the City Council for authorization to alter and expand the 7 nonconforming dwelling at 311 35th Street and zoned A-12 Apartment District; 8 9 WHEREAS, this parcel currently contains a single family dwelling deficient in front, 10 side, and rear yard setbacks; deficient in minimum lot width; lot coverage greater than 11 30%; and therefore does not meet the current zoning regulations. Single family dwellings 12 are not permitted in the A-12 Apartment District. The dwelling was constructed prior to 13 the adoption of the applicable zoning regulations and is therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on August 13, 2025; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming use or structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed use or structure as 21 expanded is equally appropriate or more appropriate to the zoning district than the 22 existing use or structure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed nonconforming use and 28 structure as expanded, will be equally appropriate to the district as the existing use and 29 structure under the conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 1. The site shall be developed in substantial conformance to the exhibit entitled 35 "Proposed Additions and Physical Survey of 311 35th Street Lot 1 & Easer Five Feet 36 of Lot 2 Sea Pines (M.B. 22, P.66) Site I Linkhorn Park (M.B. 5, P. 93) & (M.B. 5, 37 P.151)" prepared by Hayden Frye and Associates Inc. Land Surveyors, dated 38 December 4, 2024, Revised: 3/4/25, 4/2/25, 5/15/25, 613/25,which has been exhibited 39 to the Virginia Beach City Council and is on file in the Department of Planning and 40 Community Development. 41 42 2. The exterior of the proposed building expansion shall substantially adhere in 43 appearance, size, materials, and color palette to the building elevations entitled"South 44 Elevation" and "East Elevation," dated July 28, 2025, depicted on page 10 of the staff 45 report which has been exhibited to the Virginia Beach City Council and is on file with 46 the Department of Planning and Community Development. 47 48 3. The applicant shall obtain all necessary permits and inspections from the Department 49 of Planning and Community Development Permits and Inspections Division. 50 51 4. The applicant shall remove and not replace the existing shed on site. 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: 94 W11n�, � - Planning and Community Clfy Attorney's Office Development 0 CA16929 R-4 August 29, 2025 2 Agrenda Applicant & Property Owner: Michael L McGlynn&Traci R. McGlynn Planning CommissionPublic Hearing: August 13, 2025 CouncilCity • (Remick) V_B' Project Details Request Nonconforming Use Staff Recommendation " _,,,��"°"-=� �"•. 'sue Approval fr� Staff Planner " ! Alexis Bailey ;0TM Location 31135th Street GPIN 41 2418936530 1�V tt Site Size 7,150 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment Surrounding Land Uses and Zoning Districts North 35th %Street Condominium Complex/A-12 Apartment ;01 South 35th Street Duplex, contractor office/A-12 Apartment, 0-2 Office East s1 �^ 5 Sea Pines Road Dentist Office/0-2 Office West Single-family dwelling/A-12 Apartment Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 1 of 15 Background SummaryofProposal • The applicant is requesting a Change in Nonconformity to construct an addition to an existing legally non- conforming single-family dwelling on an approximately 7,150 square-foot parcel zoned A-12 Apartment District. • The subject property, 311 35th Street, was developed in 1940, prior to the adoption of a Zoning Ordinance in the City of Virginia Beach. There are several existing nonconformities associated with this property, including: o A single-family dwelling located on a lot zoned A-12 Apartment District o Deficient front, side, and rear yard setbacks o Deficient minimum lot width o Lot coverage greater than 30% Lot Side Yard Lot Area in Front Yard Required Side Setback Adj. Rear Yard Width in Lot Setbackin Yard Setback •. overage to Street in Required 6,500 30 15 30 10 60 30% Dimensions Existing 7,150 13.4 5.3 13.7 9.5 55 30.8% Dimensions Proposed 7,150 9.6 5.3 13.7 9.5 55 35% Dimensions • The applicant seeks to enlarge the existing single-family dwelling by adding a front porch and a second story addition with a balcony at the rear of the site. The height of the structure will be no greater than 24 feet tall. Additionally, an existing shed will be removed during construction. • The proposed additions will be constructed using James Hardie cement plank siding, board and batten Mastic Vinyl siding, and white vinyl windows. Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 2 of 15 Zoning History No prior Zoning actions r.s Al2 SIT 02 1 N 1 Al2 O 35TH 5T OR 1 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation - • • • The request for a Change in Nonconformity to expand the existing legally non-conforming single-family dwelling is, in Staff's opinion, acceptable.The proposed enlargement is limited in scope and is in keeping with the development pattern of the surrounding area. As previously noted, the site was developed in 1940, prior to the adoption of the City's Zoning Ordinance. As a result, the site does not meet several current zoning requirements, including minimum lot width, lot coverage, front, side, and rear setbacks. Additionally, the existing single-family use is not permitted in the A-12 Apartment District. Staff believes the proposed expansion will not generate any adverse impacts on adjacent properties or the surrounding neighborhood. For these reasons, Staff recommends approval of this request for a Change in Nonconformity, subject to the conditions outlined below. Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 3 of 15 Recommended Conditions 1. The site shall be developed in substantial conformance to the exhibit entitled "Proposed Additions and Physical Survey of 311351h Street Lot 1 & Eastern Five Feet of Lot 2 Sea Pines (M.B. 22, P. 66) Site I Linkhorn Park (M.B. 5, P. 93) & (M.B. 5, P 151)," prepared by Hayden Frye and Associates Inc. Land Surveyors, dated December 4, 2024, Revised: 3/4/25, 4/2/25, 5/15/25, 6/3/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials, and color palette to the building elevations entitled "South Elevation" and "East Elevation," dated July 28, 2025, depicted on page [begin strikethrough]4 [end strikethrough] 10 of this report which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development Permits and Inspections Division. 4. The applicant shall remove and not replace the existing shed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • • This project falls within the Suburban Area within the Seapines Station neighborhood.The Seapines Station Voluntary Design Guidelines calls for "reduce repeated facade 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)" and for "siding should include high quality materials that stand up over time to the effects of salt spray and wind. Use of masonry and cement fiberboard is encouraged." (p.11). Additionally, "the mass, or overall size, and height of the structure should be appropriate to the surroundings" (p. B-10, Comp Plan Reference Handbook). 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. Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 4 of 15 Traffic Im pacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT 35th Street No counts available No counts available Proposed Land Use 3-No Change 1 Average Daily Trips 2As defined by a 3As defined by a 4LOS = Level of Single-Family Single-Family Service Dwelling Dwelling Master Transportation Plan(MTP)and Capital Improvement Program(CIP) There are no projects from the Master Transportation Plan or Capital Improvement Program on 35th Street. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer The site is currently connected to City water and sanitary sewer.The existing S/8-inch meter may be used or upgraded to accommodate the proposed addition. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 2025. Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 5 of 15 • 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 29, 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 September 12, 2025. Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 6 of 15 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 311 35th Street 4 5 WHEREAS, Michael L. McGlynn and Traci R. McGlynn (the "Applicants") have 6 made application to the City Council for authorization to alter and expand the 7 nonconforming dwelling at 311 35th Street and zoned A-12 Apartment District; 8 9 WHEREAS, this parcel currently contains a single family dwelling deficient in front, 10 side, and rear yard setbacks; deficient in minimum lot width; lot coverage greater than 11 30%; and therefore does not meet the current zoning regulations. Single family dwellings 12 are not permitted in the A-12 Apartment District. The dwelling was constructed prior to 13 the adoption of the applicable zoning regulations and is therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on August 13, 2025; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming use or structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed use or structure as 21 expanded is equally appropriate or more appropriate to the zoning district than the 22 existing use or structure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed nonconforming use and 28 structure as expanded, will be equally appropriate to the district as the existing use and 29 structure under the conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 1. The site shall be developed in substantial conformance to the exhibit entitled 35 "Proposed Additions and Physical Survey of 311 35th Street Lot 1 & Easer Five Feet 36 of Lot 2 Sea Pines (M.B. 22, P.66) Site I Linkhorn Park (M.B. 5, P. 93) & (M.B. 5, 37 P.151)" prepared by Hayden Frye and Associates Inc. Land Surveyors, dated 38 December 4, 2024, Revised: 3/4/25, 4/2/25, 5/15/25, 6/3/25, which has been exhibited 39 to the Virginia Beach City Council and is on file in the Department of Planning and 40 Community Development. 41 42 2. The exterior of the proposed building expansion shall substantially adhere in 43 appearance, size, materials, and color palette to the building elevations entitled "South 44 Elevation" and "East Elevation," dated July 28, 2025, depicted on page 10 of the staff Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 7 of 15 45 report which has been exhibited to the Virginia Beach City Council and is on file with 46 the Department of Planning and Community Development. 47 48 3. The applicant shall obtain all necessary permits and inspections from the Department 49 of Planning and Community Development Permits and Inspections Division. 50 51 4. The applicant shall remove and not replace the existing shed on site. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA16929 R-3 August 29, 2025 Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 8 of 15 Proposed Layout THIS IS TO CERTIFY THAT ON NOVEMBER 6,2024 1 SURVEYED THE PROPERTY SHOWN ON THIS PUT AND THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT.THE BUILDINGS STAND STRICTLY WITHIN THE TITLE UNES AND THERE ARE NO ENCROACHMENTS OR OTHER BUILDINGS EXCEPT AS SHOWN. THE PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE THE ZONE AND ON THE MAP PAGE SHOWN BELOW. REFERENCE: NATIONAL FLOOD INSURANCE PROGRAM (NF1P), FLOOD INSURANCE RATE MAP(FIRM)FOR THE CITY OF VIRGINIA BEACH,VIRGINIA. (COMMUNITY 1515531)REVISED:JANUARY 16, 2015.ZONE:X, MAP PANEL 126,SUFFIX G OF 300. Lot Area: 7,150 Sq.FL 35 1/2 STREET (V.B. p5) Existing Lot Coveraga C. Asphdt Existing House: 2,072 Sq.Ft' 20 FT ALLEY (M.B. 22, P. 66) Existing Porch: 63 Sq.Ft. t Ppe(FJ__._._ N8245'E 55_00' 0 A Pfv(F) Existing Deck: 69 Sq.Ft. F_,. 50. W I N 9 5q F/ eh-9 S€Bale m Total Existing 2,204 .Ft. v oa \J Lot Coverage: or 30.8% ] ad �I To Be Removed: Porch: -63 Sq.Ft. v. 1 Ad d i i n W I v I N Proposed Additions: �� 8 Proposed Porch: 264 Sq.Ft. �r M Proposed Balcony 96 Sq.Ft. $ �dk Cw a 360 Sq.Ft. " z3 Total Proposed 2.501 Sq.Ft. m Lot Coverage: or 35.0x . 5' -� 3 WESTERN 45 137. Q PART OF T 2 0.8' •.`a . a O 2nd Story `S 1-Sty-Frame i w Addition D` "9 3 P o /t(G-63 Q LLJ 371NoJ Q4 V) 3 lure EASTERN 50.07' FEET OF LOT 2 44.98' 50.00' Pipe(F) Pin(f) (F) S82'45'W 55.00' (O/A) p Front Porch73 Addition Aodt 35TH(60•RM STREET (M.B. 22.P. 66) PROPOSED ADDITIONS Revised: 3/4/25, PHYSICAL SURVEY4/2/25, 5/15/25, 6/3/25 311 35TH STREET LOT 1 & ZONED: Al2 per GIS �o j�� EASTERN FIVE FEET OF LOT 2 GPiN: Hayden Frye 30 AYDE FRYE SEA-PINES ciates,Inc. r�a 22 ss` urveyors SITE IE1C ,A,2E2WUNKHORN PARK 7'228 (/SF ` N� SURVE�O (M.B. 5, P. 93) & (M.B. 5, P. 151) VIRGINIA BEACH, VIRGINIA FOR DATE: December 4, 2024 �,.•. < �,;, Michael L. & Traci R. McGlynn SCALE: 1" = 20' Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 9 of 15 Proposed Elevations WHITE VINYL WINDOWS BOARD+BATTEN HARDIE CEMENT BOARD MASTIC VINYL-WHITE SIDING-BOOTHBAY BLUE IililfllllilElIIIII IIIIIIIiIl01111111IIIIIII�III w, „� SOUTH ELEVATION MCGLYNN RESIDENCE _ a„s,sua..nyrvu...f.rMta. WHITE VINYL WINDOWS BOARD+BATTEN HARDIE CEMENT BOARD MASTIC VINYL-WHITE SIDING-BOOTHBAY BLUE 1 Man- EAST ELEVATION MCG=RESIDENCE Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 10 of 15 Site Photos APP ■IIS��� - x . a , y 13 t; y �c t j 3: yq�i Site • • mama _ Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 12 of 15 Disclosure Disclosure VIRGINIA V BEACH Statement 1 CITY OF 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 m)CA U-1.A TeXll l :114 ?. I�z�Y h1 Is Applicant also the Owner of the subject property? Yese Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? es*No0 If yes,name Representative: Is Applicant a corporation,partnershi ,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? Yes No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if neressary.) SERVICE YES NO SERVICE PROVIDER dame entity andlor individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) ® O raughJs(� Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 13 of 15 Disclosure SECTION - DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation 1 — �Architect/Designer/Landscape Architect/Land Planner It Construction Contractor a © �l.►T .7tCl Engineer/Surveyor/Agent ® ® Q-J }y kk Legal Services 10 ® APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. 1raci C ' l h / _ q" Applicant Name(Print) Applicant Signatur Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): ___8 f 26/2025 _-Alex is Ba*ley 4� 40-- --8/2912025__ Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Michael L. McGlynn &Traci R. McGlynn Agenda Item 5 page 15 of 15 Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #05 Michael L. McGlynn and Traci R. McGlynn Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our first item is Item 5,Michael L.McGlynn and Traci R. McGlynn. Mr. Garrington: Good afternoon. Thank you Madam Chair, members of the Planning Commission, for the record,Billy Garrington on behalf of the applicants in this case, Michael and Tracy McGlynn, property known as 311 351' Street North in the City of Virginia Beach, existing single family dwelling located in an A-12 zoning district that the owners intend to make several improvements to the house, including a second story edition, and adding a front porch to it. We submitted detailed plans to your staff including color renderings of the new house that,what it will look like post-construction. I'm sure you have had the chance to take a look at those. You have seen that there will be a significant improvement to this property made,but the problem is that the house now sits on A-12 piece of property. This home was built in 1940. I don't think we had A- 12 zoning back then, so it's been there for a while. The owners like the property and want to remain where it's at. This is their only recourse to make the improvements to the house. Mr. Plumlee, I think you have an issue, not an issue, or a concern with the shed. The shed that is on that property is going to be completely removed because if you don't remove it, it violates the lot coverage. That small shed puts us over the 35% lot coverage. The reason why we told the staff in the application that it would be removed from the site,and the owners also have no intention of ever using this property for a short-term rental. It's their residential property that they like living in. Again, if you look at the color renderings that we have submitted to you, it's going to make a significant improvement to the surrounding areas. There will be no detriment at all. So there are four conditions in the staff writeup. Total agreement with all four of those conditions here today to ask for your approval. Ms. Cuellar: Thank you. Mr. Plumlee: Is there any objection to us making a motion that the shed would not be replaced, be part of that? Mr. Garrington: I have no problem. Ms. Cuellar: Are there any additional questions for the applicant? Mr. Garrington: Thank you very much. Ms. Cuellar: Thank you very much. Madam Clerk. Just want to double check with you. Do we have any speakers signed up on this matter? Clerk: We do not have any speakers signed up. Ms. Cuellar: Okay. At this time, I open up to the floor to entertain a motion and discussion. Mr. Plumlee: I have a motion. I would like us to consider a motion approving this as submitted, and just tweaking that one condition about the removal of the shed. So is there's no replacement shed,obviously,they can't meet the coverage restrictions,that's obvious,but that don't think there's any, there's no, prejudice to them by making that removal with that condition not to replace it in the representation that this is not a short-term rental, I'd move to approve it. Ms. Cuellar: So we have a motion to approve with the modification to the condition regarding the shed not being --regarding the shed. Is there a second? Ms. Hippen: Second. Ms. Cuellar: Okay. So we have a motion to approve by Commissioner Plumlee, second by Commissioner Hippin. Is there any further discussion? Clerk: The vote is open. By a recorded vote of 10 to 0, Item #5, Michael L. McGlynn and Traci R. McGlynn has been recommended for approval. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The site shall be developed in substantial conformance to the exhibit entitled "Proposed Additions and Physical Survey of 311 35th Street Lot 1 & Eastern Five Feet of Lot 2 Sea Pines (M.B. 22, P. 66) Site I Linkhorn Park (M.B. 5, P. 93) & (M.B. 5, P 151)," prepared by Hayden Frye and Associates Inc. Land Surveyors, dated December 4, 2024, Revised: 3/4/25, 4/2/25, 5/15/25, 6/3/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials, and color palette to the building elevations entitled "South Elevation" and "East Elevation," dated July 28, 2025, depicted on page 9 of this report which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 4. The applicant shall remove the existing shed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ` " 4 0 B2 OR �� �o A35 11 QQ��RE � SP Qo D 36 o d o �o 4Q QQo � ' oQ� �� B2, A35 �o � n �QQ000Qo fo °2o z `p� �J 00 000� ���I Q °2 2c 0 `A-1,2 N r Ce Ln o�000 Z �0�1 o QoQOooQoo� B2 Q 01 a Q� 0 00��0 1 QQ�`�Oo o �o H 1 l_-�----""`� a o QQQQoo`Q� o 92-- v ® site N �. Zoning Virginia Beach Residences, LLC w I- Property Polygons 1276 Baker Road & vacant parcel north of s 1276 Baker Road � Building Feet 0 90 180 360 540 720 Map created by Planning Department on 7/15/2025 A ice-. s=i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH RESIDENCES, LLC [Applicant] BAKER ROAD PROPERTIES, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1276 Baker Road & vacant parcel north of 1276 Baker Road (GPINs 1469005850, 1469014520). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: September 16, 2025 (Deferred from August 12, 2025 CC Hearing) ■ Background: In 2022, City Council approved a Conditional Rezoning request to rezone a 14.6- acre site from 1-1 Light Industrial to Conditional A-36 Apartment District to redevelop the site with a 524-unit multi-family residential community; however, the project was not developed. The current applicant, Virginia Beach Residences, LLC seeks to purchase the property from Baker Road Properties, LLC, to construct a 375-unit multi-family development, resulting in a density of 25.68 units per acre. Since the applicant seeks to modify the previously approved plan, a Modification of Proffers is required. The property is located in the Burton Station Strategic Growth Area (SGA), specifically within the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area. The currently vacant and unfinished DLH Sports Complex will be demolished and replaced with five multi-family buildings, one maintenance building, three garage structures, and carports. All buildings will have a maximum height of 70 feet, complying with the 120-foot height limit permitted within the A-36 Apartment District. A variety of high-quality amenities are proposed, including a clubhouse, a courtyard with a swimming pool, a fitness center, a dog park, a grilling area, and 12-foot-wide walking paths surrounding each of the two proposed stormwater management facilities. The applicant proposes the required streetscape plantings along Baker Road, as well as interior parking lot and building foundation landscaping. In addition, a 15- foot wide Category IV landscape buffer is proposed along the northern, southern, and eastern property lines to provide enhanced screening for adjacent properties. The proposal also includes right-of-way improvements to include 11-foot-wide meandering sidewalks and streetscape landscaping to improve pedestrian connectivity and overall walkability along the site frontage. The applicant is requesting deviations from the 30-foot front yard setback required along Baker Road for certain accessory structures. Specifically, the garages are Virginia Beach Residences, LLC Page 2 of 5 proposed to be located 3.5 feet from the right-of-way, and the compactor enclosure 8.5 feet from the right-of-way. Additionally, a deviation is requested for the freestanding monument-style entrance sign, which is proposed at 3.5 feet from the right-of-way, falling short of the 5-foot minimum required by Section 214(b) of the Zoning Ordinance. A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows a reduction in required parking when many patrons are expected to walk, bike, or use public transit. Although 669 spaces are required for a development of this size, the Zoning Administrator approved a reduction to 582 spaces (1.55 per unit), which is expected to meet the needs of residents. Additionally, 18 bicycle parking spaces, exceeding the 17 required, will be provided, 10 of which will be covered spaces. ■ Considerations: Staff finds that the proposal aligns with the policies and objectives outlined in the Comprehensive Plan. The site is located within the Burton Station Strategic Growth Area (SGA), specifically in the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area. The vision for this area emphasizes the development of a pedestrian-oriented, walkable district with convenient access to businesses via streets, transit, sidewalks, and adjacent structures. The Burton Station SGA Master Plan supports buildings up to five stories in height and a mix of uses—including retail, restaurant, office, hotel, and limited residential, while reserving a significant portion of land for open space, recreation, and stormwater management. In developing the proposal, the applicant considered building design, site circulation, pedestrian orientation, and landscaping. Although the site layout does not fully align with all recommendations in the SGA Plan and the Special Area Development Guidelines for Urban Areas, the applicant has incorporated enhanced sidewalks and streetscape landscaping to strengthen pedestrian connectivity and walkability within the corridor. In addition, the proposal seeks to address the City's housing needs and improve the corridor by redeveloping a long-abandoned, incomplete sports complex that has remained vacant for over a decade. The applicant intended to revise the proffer agreement between Planning Commission and City Council to update Proffer 5 as it referenced the incorrect minimum setback and code section. Since the applicant chose to utilize the standard setback requirements for the A-36 Apartment District, the requested deviation is to the 30-foot front yard setback. The proffer agreement was revised and submitted prior to the deadline of 10 days prior to City Council. To address attainable housing within the development, the applicant has revised the proffers to include that, for a period of ten (10) years, seven percent (7%) of the multifamily units would be identified as attainable housing units, available only to those households with an annual income not to exceed 100% of the Area Virginia Beach Residences, LLC Page 3 of 5 Median Income for the Virginia Beach-Norfolk-Newport News region as determined by the U.S. Department of Housing and Urban Development. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 9, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Proffer 1 Proffered Condition #1 is hereby amended to state in its entirety as follows: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH — CONCEPTUAL SITE PLAN", dated June 17, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 2 Proffered Condition #2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by PRDG, entitled "PRELIMINARY EXTERIOR ELEVATIONS" Sheets A-1 and A-2 for "LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT', dated May 1, 2025 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 3 Proffered Condition #3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH — CONCEPTUAL LANDSCAPE PLAN", and dated June 17, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 Proffered Condition #6 is hereby added to the Original Proffers, and shall read in its entirety as follows: Virginia Beach Residences, LLC Page 4 of 5 "No more than 375 multifamily residential units may be developed on the Property." Proffer 5 Proffered Condition #7 is hereby added to the Original Proffers, and shall read in its entirety as follows.- "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (35) and eight and one-half feet (85), respectively, [begin strikethrough] in lie„ of the teR#9Gt (1 0') minima M setbaGk otherwise r iiFed under Cann `28Q of the �-r-m�c�e�-Errrca-a r racrvc vrr v-vrcr rc =E)RiRg nrdinnnno [end strikethrough] in lieu of the thirty foot (30') minimum setback otherwise required under Section 602(d) of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (35), in lieu of the five foot (5) minimum setback required under Section 214(b) of the Zoning Ordinance." Proffer 6 Proffered Condition #8 is hereby added to the Original Proffers, and shall read in its entirety as follows: For period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development CAW'), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer#8 shall automatically terminate and be of no further force or effect. Proffer 7 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. Virginia Beach Residences, LLC Page 5 of 5 ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department',( City Manager: / V Agenda A•• Beach Residences, Property Owner: Baker Road Properties, LLC • • • Public CouncilCity •• • • Project Details Request v ; e Modification of Proffers .¢ �,,,,R•:o�,,,,E +s�Al Staff Recommendation l Approval _ aY va Staff Planner 1 1 Marchelle Coleman 4 Location c 1276 Baker Road & vacant parcel north of 1276 Baker Road GP/Ns l 1469005850, 1469014520 Site Size / 14.6 acres AICUZ Less than 65 dB DNL o Watershed `s ° N a% Chesapeake Bay '� A Existing Land Use and Zoning District Unfinished sports complex/A-36 Apartment Surrounding Land Uses and Zoning Districts North 7 Abandoned Railroad Warehouse/ 1-1 Light Industrial South . Towing service, warehouse/1-1 Light Industrial P� East Warehouse, office, automobile repair garage/ 1-1 Light Industrial, 0-2 Office, B-2 Community Business West Baker Road Mobile home park/A-12 Apartment Virginia Beach Residences, LLC Agenda Item 11 page 1 of 23 Background SummaryofProposal • On April 5, 2022, City Council approved a Conditional Rezoning request to rezone approximately 14.6 acres from 1-1 Light Industrial to Conditional A-36 Apartment District. The rezoning was intended for the redevelopment of the property into a 524-unit multi-family residential community, resulting in a density of approximately 35.67 dwelling units per acre. However, the project was never developed. • The applicant,Virginia Beach Residences, LLC, is seeking to acquire the properties from Baker Road Properties, LLC in order to develop the site with a 375-unit multi-family residential community, resulting in a proposed density of 25.68 units per acre. As such, a Modification of Proffers is required to accommodate the revised development plan. • The 14.6-acre property, located within the Burton Station Strategic Growth Area (SGA) and the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area, is currently developed with the vacant and unfinished DLH Sports Complex. The site currently consists of a football field with support buildings, a paved parking lot, an unpaved gravel area, and a large unfinished structure on the southern portion of the property.The existing buildings and infrastructure will be completely demolished in conjunction with the redevelopment of the site. • The proposed development will consist of five multi-family residential buildings, one maintenance building, three garage structures, and carports distributed throughout the site. The largest multi-family building, located near the main entrance, will include the clubhouse. All buildings will have a maximum height of 70 feet, which complies with the 120-foot height limit permitted within the A-36 Apartment District. • The development features a variety of high-quality amenities, including a clubhouse, a courtyard with a swimming pool, a fitness center, a dog park, a designated grilling area, and 12-foot-wide walking paths surrounding each of the proposed stormwater management facilities. • As shown on the Conceptual Landscape Plan, the applicant proposes required streetscape plantings along Baker Road, as well as interior parking lot and building foundation plantings. While not required, the applicant is proposing a 15-foot minimum yard buffer with Category IV landscape screening along the northern, southern, and eastern property to provide screening to adjacent property owners. The proposed landscaping appears to meet the standards of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • Right-of-way improvements are proposed as illustrated on the proffered conceptual plans.The proposal includes an 18-foot-wide right-of-way dedication, which will feature enhanced 11-foot-wide meandering sidewalks and streetscape landscaping designed to improve pedestrian connectivity and overall walkability along the site's frontage. • Due to the proposed 18-foot-wide right-of-way dedication along Baker Road, the applicant is requesting a deviation from the minimum front yard setback requirements, in accordance with Section 107(i) of the Zoning Ordinance. This request pertains to the accessory garages, compactor enclosure, and monument- style entrance signage. While Section 283 of the Zoning Ordinance would allow for a reduced front yard if Virginia Beach Residences, LLC Agenda Item 11 page 2 of 23 the development adhered to the site and building design conditions outlined in Section 283(c), since the applicant has chosen not to implement the more urban-style elements detailed in Section 283(c), the standard 30-foot front yard setback applicable to multi-family dwellings in the A-36 Apartment District would apply.The accessory garages are proposed at 3.5 feet from the right-of-way, the compactor enclosure at 8.5 feet, and the freestanding entrance sign at 3.5 feet—below the 5-foot minimum required by Section 214(b) of the Zoning Ordinance. • A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum required parking spaces when a significant number of patrons are expected to arrive on foot, by public transportation, or by bicycle. Although a development of this size would typically require 669 parking spaces, the study supports the proposed 582 spaces (a ratio of 1.55 spaces per unit) will adequately serve resident needs. Additionally, 17 bicycle parking spaces are required and 18 will be provided, 10 of which will be covered. The Parking Study Determination Letter can be found on pages 16 and 17 of this report. Zoning History # Request CRZ 1-1 to Conditional A-36 Approved 'S q� 1 04/5/2022 ) pp CRZ (Conditional 1-1 to Conditional 0-2) Approved 02/26/2013 CUP (Single Room Occupancy Facility) ;;; sz x . 4; _ ,A 5 2 Approved 02/26/2013 , , MDP Approved 03/13/2007 ' CUP (Hotel) Approved 03/13/2007 CRZ (B-2 to Conditional 1-1) Approved ` 3 � 02/28/2006 �f 3 CUP (Automobile Repair Garage) Approved >'�� hl ' az 12/08/1998 4 CRZ (B-2 to Conditional 1-1) Approved Application Types 01/14/1997 CUP: MDP: Modification of Proffers 5 CUP (Tattoo Parlor)Approved 11/15/2016 Conditional NON: Nonconforming Use CUP (Vocational School)Approved 08/19/2014 Use Permit STC:Street Closure 6 CRZ (B-2 to Conditional A-36) Approved REZ: FVR: Floodplain Variance 08/19/2014 Rezoning ALT.'Alternative Compliance CUP (Contractor's Storage Yard) Approved CRZ: SVR:Subdivision Variance 09/13/2005 Conditional LUP: Land Use Plan REZ (1-1 to A-1) Approved 08/03/1987 Rezoning STR:Short Term Rental 8 CUP (Mobile Home Park) Approved MDC: 08/03/1987 Modification CUP (Truck Wash, Motel, Bulk Storage Yard) of Conditions 9 Approved 09/10/1996 CUP(Mini-Warehouse) Approved 06/28/2011 Virginia Beach Residences, LLC Agenda Item 11 page 3 of 23 Evaluation • • • The request for a Modification of Proffers to revise the site layout of the 2022 Conditional Rezoning is, in staff's opinion, acceptable. As mentioned previously, the site is located within the Burton Station Strategic Growth Area (SGA), specifically within the Northampton/Diamond Springs/Baker Road Corridors Development Focus Area.The vision for this area emphasizes the creation of a pedestrian-friendly, walkable district with convenient access to businesses via streets, bus stops, sidewalks, and adjacent structures. The Burton Station SGA Master Plan supports buildings up to five stories in height and a mix of uses—including retail, restaurant, office, hotel, and limited residential, while reserving a significant portion of land for open space, recreation, and stormwater management. In developing the proposal, the applicant considered building design, site circulation, pedestrian orientation, and landscaping. While the site layout does not fully conform to all recommendations in the SGA Plan and Special Area Development Guidelines for Urban Areas, the applicant aims to contribute to the City's need for housing and enhance the corridor by removing the long-abandoned, unfinished sports complex that has remained vacant for over a decade. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each Guideline is provided below. Setbacks and Building Location—This Guideline recommends buildings be located close to the street to make it more pedestrian-friendly with off-street parking behind or beside buildings. As depicted on the proffered plans,the applicant did not utilize the reduced building setbacks permitted by Section 283 of the Zoning Ordinance, as such, the standard setback requirements apply as indicated in Section 602(e) of the Zoning Ordinance. However, to accommodate a more pedestrian-friendly streetscape, enhanced walkways and landscaping have been provided which offers attractive screening and contributes to pedestrian-friendly connectivity along the right-of-way. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and exit the site using the sidewalks, as depicted on the Conceptual Site Layout. As such, staff finds the proposed layout to be consistent with this Guideline. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of a site. Off- street parking areas should be located behind buildings and should create an internal circulation network that minimizes or eliminates curb cuts. Landscaping for the parking areas should be strategically located to provide visual relief, shading of the lot, green areas, and screening while ensuring that sight lines are maintained. While some parking is provided along the public right-of-way, the applicant has reduced the number of existing curb cuts from three to two, one serving as the primary ingress/egress and the other designated for exit only. This configuration is intended to improve overall site circulation and enhance safety for both residents and guests. Additionally, the proposed streetscape and internal parking lot plantings offer visual relief and provide shade throughout the parking areas. Virginia Beach Residences, LLC Agenda Item 11 page 4 of 23 Landscaping—This Guideline emphasizes that the need for quality landscaping is essential to the built urban environment. The importance of street trees and planters should be recognized and planned into the design. As depicted on the Conceptual Landscape Plan, streetscape plantings along Baker Road include evergreen trees and evergreen shrubs. In addition, interior parking and building foundation plantings are proposed, as well as a 15-foot buffer area with Category IV plantings along the northern, southern, and eastern property lines. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. There are no known natural features on this site as it is fully developed. Stormwater Management as Landscaping Features—This Guideline encourages, whenever possible, stormwater retention and detention systems be designed as open space or landscape amenities. In this instance, two stormwater ponds are proposed for this development. Each stormwater pond will be surrounded by a 12-foot-wide path as an open space amenity for residence and guests. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. Lighting for pedestrians should be provided using indirect illumination from the building. The proposed site is deemed to be consistent with the lighting Guideline, as lighting is proposed to reduce glare and trespass in the internal parking lot areas, around buildings, and will prevent spillover onto adjacent properties. Signs—As indicated in this Guideline, signs should primarily serve to identify the name and street number.The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. For this proposal, an eight-foot-tall monument-style sign with 75 square feet of planting area around the base of the sign is proposed. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. No outdoor art is planned for this project at this time. Pursuant to Section 107(i) of the Zoning Ordinance, the applicant may request deviations from the required setbacks associated with Conditional Rezoning applications. Accordingly, the applicant is seeking a deviation from the front setback requirements for the accessory garages, compactor enclosure, and development entrance signage. As previously noted, Section 602(e) of the Zoning Ordinance permits a 30-foot front yard setback along Baker Road for multi-family dwellings in the A-36 Apartment District. The accessory garages are proposed at 3.5 feet from the right-of-way, the compactor enclosure at 8.5 feet, and the freestanding entrance sign at 3.5 feet—less than the 5-foot minimum setback required by Section 214(b) of the Zoning Ordinance. Staff supports the requested deviations and finds that the proposed enhancements to pedestrian connectivity, including 11-foot-wide meandering sidewalks and integrated landscaping along the public right-of-way, provide attractive screening and contribute to a pedestrian-friendly environment.These improvements encourage walking as a practical mode of transportation and recreation, thereby helping to reduce dependence on automobiles. Furthermore, the design promotes social interaction and improves access to nearby businesses, supporting the development of a more vibrant, accessible, and connected community. It is the opinion of Staff that the traffic generated by this multi-family development will result in 2,480 average daily trips, which is 1,441 fewer trips than the previous development consisting of 524 units. Based on the Virginia Beach Residences, LLC Agenda Item 11 page 5 of 23 projected number of vehicles generated, the vehicular ingress/egress access point will be able to accommodate the multi-family development. As depicted on the plan, a second access is provided, but designated as exit only. Required right-of-way improvements along Baker Road include, but are not limited to, sidewalks, curb and gutter, and streetlights. Traffic Engineering Staff will provide more detailed comments during the site plan review process. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office and there were no concerns raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity.The overcapacity is within the acceptable utilization range of greater or less than 10%of optimum capacity. Based on this, the redevelopment proposal is not expected to negatively impact the current student enrollment. This site is located in the Chesapeake Bay Watershed; therefore, a preliminary stormwater analysis is not required prior to this item being reviewed by Planning Commission and City Council. As indicated on the conceptual site plan, two stormwater management facilities are proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure that the project complies with all stormwater regulations and that no negative flooding impacts will occur upstream and downstream as a result of this development. Based on these considerations above, Staff recommends approval of the request subject to the proffers below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 1. Proffered Condition #1 is hereby amended to state in its entirety as follows: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL SITE PLAN", dated May 1, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Pro fPer2 2. Proffered Condition #2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when Virginia Beach Residences, LLC Agenda Item 11 page 6 of 23 developed,shall be in substantial conformity with the exhibits prepared by PRDG,entitled "PRELIMINARY EXTERIOR ELEVATIONS"Sheets A-1 and A-2 for"LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT", dated May 1, 2025 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3. Proffered Condition #3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL LANDSCAPE PLAN", and dated May 1, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4 4. Proffered Condition#6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." Proffer 5. Proffered Condition#7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (35) and eight and one-half feet (8.5'), respectively, [begin strikethrough] in [end strikethrough] in lieu of the thirty foot (30') minimum setback otherwise required under Section 602(d) of the Zoning Ordinance. Additionally,freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (3.5'), in lieu of the five foot (5') minimum setback required under Section 214(b) of the Zoning Ordinance." Proffer 6 6. Proffered Condition#8 is hereby added to the Original Proffers, and shall read in its entirety as follows: For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property(the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units" The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units.The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AM I"), adjusted for family size.The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most Virginia Beach Residences, LLC Agenda Item 11 page 7 of 23 current tenant selection policy or criteria applicable to the attainable housing units Upon the Expiration Date, this Proffer#8 shall automatically terminate and be of no further force or effect. Proffer 7 7. Except as expressly modified by this Agreement,all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Previous •ffers Approved by • on 04/05/2022 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Baker Road Apartments", dated August 30, 2021, and prepared by Vanasse Hangen Brustlin, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Pro ffer2 The quality of architectural design and materials of the building constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by Cox, Kliewer& Company, P.C., entitled "Baker Road Apartments- Elevation at Entrance, Material Key", dated October 26, 2021, and "Baker Road Conceptual Rendering", dated October 12, 2021 (together the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. Proffer Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Vanasse Hangen Brustlin, Inc., entitled "Conceptual Planting Plan", and dated September 9, 2021 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4 The community identification sign on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Virginia Beach Residences, LLC Agenda Item 11 page 8 of 23 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. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive • The Comprehensive Plan designates the subject property as being located within the Burton Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions to accommodate future growth and adopt a more urban style in the City. The Burton Station SGA Plan designates this property for mixed-use/multi-use, which offers the broadest range of uses and is intended to absorb both residential and commercial growth "depending on market demand". Combined stormwater management features with open space and recreation opportunities are also recommended for this property. The property particularly resides in a development focus area called Northampton/Diamond Springs/Baker Road Corridors in the Burton Station SGA Plan (p. 14, Burton Station SGA Master Plan). This area is described with a variety of commercial uses, including retail, restaurant, office, and hotel, as well as residential uses all up to five stories in height. All uses within this area should incorporate open space as properties redevelop to continue green and pedestrian connections. New landscaping and pathways around Burton Station Lake transform this stormwater management facility into an outdoor amenity, attracting employees, customers, and residents. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Present Street Name Volume Present Capacity Generated Traffic Baker Road 5,500 ADTI 12,600 ADT 1(LOS 4 "D") Existing Land Use 2-No Data Available Existing Zoning (Approved 524 units)-3,921 ADT Proposed Land Use 3-2,480 ADT 1 Average Daily Trips 2As defined by an 3As defined by a 375- 'LOS= Level of unfinished sports unit multi-family Service complex apartment complex Virginia Beach Residences, LLC Agenda Item 11 page 9 of 23 Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) Baker Road is a two-line undivided collector road in the vicinity of this site with a variable right-of-way width. This section of Baker Road is included in the MTP as a two-lane minor collector roadway within a 70-foot right- of-way. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water There is an existing six-inch city water main along Baker Road. Sewer There is an existing eight-inch city sanitary sewer gravity main along Baker Road.There is an existing 1.5-inch private sanitary sewer force main along Baker Road. City water and sewer is available to the site. School Current School Capacity Generations Change 2 Enrollment Bayside Elementary 543 students 524 students 23 students 23 students Bayside Middle 918 students 979 students 9 students 9 students Bayside High 1,902 students 2,039 students 13 students 13 students 1"Generation" represents the number of students the development will add to the school. z"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant's representative reached out to the surrounding property owners to inform them of the proposal, and no concerns were raised. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 9, 2025. Virginia Beach Residences, LLC Agenda Item 11 page 10 of 23 • 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, September 2, 2025 and September 9, 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 29, 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 September 12, 2025. Virginia Beach Residences, LLC Agenda Item 11 page 11 of 23 Proposed Conceptual Q g e ZN Z Q n • b� nR w o gy gg rG gg O LLI rD Q m w e �a W F z S ! �t e A Fa `s / 1 Virginia Beach Residences, LLC Agenda Item 11 page 12 of 23 Proposed Conceptual Landscape Plan z A!8 Ix a LLJ kill 4n z 0 0 > 0 z > R 192 t. 1 64 al ,i � LL J Virginia Beach Residences, LLC Agenda Item 11 page 13 of 23 Proposed i • Elevations © _ g s z 7 9 i .0-AL HAM L'S wN i s M M FR 8RP C, u, i � w CM CD ■B■�' ;FFIR EF3e ® o �.{� I �'''- 6 R LU C� C� Virginia Beach Residences, LLC Agenda Item 11 page 14 of 23 Proposed Building Elevations WE t a m 6 t Q IF i .�_ - a FIN U U ` SiLli tj _ . O m w g F a 4 S - W W 0 S o cD c� 4 oli o J W J w � Ed Ed o s w s w w '.o-so w w w LU � z Z AlMn z w :1 3 sit Virginia Beach Residences, LLC Agenda Item 11 page 15 of 23 Parking StudyDetermination CITY OF PLANNING & COMMUNITY DEVELOPMENT VIRGINIA ZONING DIVISION BEACHplanning.virginiabeach.gov 2403 Courthouse Drive June 27, 2025 Building 3 Virginia Beach, VA 23456 Timmons Group Attn: Steve Schmidt, PE, PTOE, AICP 7053 Celebration Park Avenue Suite 300 Richmond, VA 23225 Re: Parking Determination—Livano Apartments, 1276 Baker Road (Parcel GPINs 1469005850, 1469014520) Mr. Schmidt, This letter is in response to your request for an administrative reduction to the parking requirement for the proposed multi-family project located at 1276 Baker Road. Section 203(b)(11) of the Zoning Ordinance allows the Zoning Administrator to determine the final parking ratio with the submittal of a parking study. I have reviewed the submitted parking study titled "Livano Virginia Beach Parking Study," dated June 5, 2025, and have approved a reduction in parking as specified in the study. Considerations of my approval are shown below. • The proposed multi-family development consists of five buildings containing 375 units. The required parking per section 203 of the ordinance is 669 spaces (2 spaces for each of the first 50 units and 1.75 spaces for every additional unit).The parking ratio for the proposed development is 1.78 spaces per unit. • The submitted site plan and parking study include 582 parking spaces, a reduction of 87 spaces (13 percent). The reduced parking ratio is 1.55 spaces per unit. • This ratio is consistent with other multi-family developments in the vicinity and other multi-family developments that have been approved for parking reductions. This parking ratio is less than the required parking demand per the 2022 census data (1.38) and the ITE (1.22), both provided in the submitted parking study. • The proposed multi-family development includes eight studio apartments, 153 one- bedroom apartments, 170 two-bedroom apartments, and 36 three-bedroom apartments: a total of 609 bedrooms. The submitted number of parking spaces is a ratio of 0.96 spaces per bedroom. It is reasonable to conclude that essentially one parking space per bedroom will accommodate the parking demand for the development. Virginia Beach Residences, LLC Agenda Item 11 page 16 of 23 Parking Study • • The site is located near the Hampton Roads Transit bus route 27. Route 27 connects the Newton Road Station to Pleasure House Road near the Little Creek Base and other places of employment.The site is%of a mile from the closest bus stop located near the intersection of Baker Road and Northampton Boulevard. It is reasonable to conclude that some residents of the development will use public transit. • The submitted parking study states that according to the 2022 US Census data, there are 5,524 jobs within 3/ of a mile of the site. The major roads throughout this area have sidewalks and signalized major intersections with pedestrian crossing equipment. The site is within walking/biking distance to a major commercial corridor and the connecting streets have pedestrian facilities including sidewalks. It is reasonable to conclude that some residents of the development will use bicycles or walk as a mode of transportation. Based on the information provided in the parking study, the proposed 375-unit multi-family development is approved for 582 parking spaces as shown on the site plan provided as an exhibit to the Planning Commission. Any significant changes to the development plan, number of units, or number of parking spaces will void this approval, in which case a new parking study would need to be submitted for review. If can be of further assistance, please contact me at (757) 385-4621 or by email at kpkemp@vbgov.com. Sincerely, d�wo — Kevin Kemp Zoning Administrator, City of Virginia Beach Cc: Robert P. Beaman III, Esq., Troutman Pepper Marchelle Coleman,Planning Evaluation Coordinator Victoria Eisenberg, Deputy City Attorney Kaitlen Alcock, Planning Administrator Virginia Beach Residences, LLC Agenda Item 11 page 17 of 23 Site • • e. a h Virginia Beach Residences, LLC Agenda Item 11 page 18 of 23 Site • • MZW Y 1 ,ky f k - i Virginia Beach Residences, LLC Agenda Item 11 page 19 of 23 Disclosure DisclosureCITY 01 VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Narne: as listed on application Virginia Beach Residences,LLC,a Delaware limited liability company Is Applicant also the Owner of the subject property? Yeso Noe If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO if yes,name Representative: Robert P. Beaman, III Esq.-Troutman Pepper Locke LLP Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the names of 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.) Officers:Robert Crumpton,Jason Bailey,Andrew Murray,Tom Spies,and Jeff Hicks. Affiliated entity:Virginia Beach Residences Holdings,LLC,a Delaware limited liability company. Does the subject property have a proposed or pending purchaser? Yes • No(_) If yes,name proposed or pending purchaser. Same as Applicant. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes,name the official or employee,and describe the nature of their interest. i i i APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust,; O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 E) Disclosure Statement I rev. May-2024 page 1 of 3 Virginia Beach Residences, LLC Agenda Item 11 page 20 of 23 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER _ (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Plot Studio-Gideon Hinsch&Matt Phillips Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Q O VHB-Matt Mader&Kenneth Rodman Legal Services +� Ip Troutman Pepper Locke-Robert P.Beaman III APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. VIRGINIA BEACH RESIDENCES,LLC BY: i�l.r. `�Z_).;I,. � 4/.S().Zs;-- Applicant Name( rint) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the 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): 8/28/2025 Marchelle L. Coleman 8/28/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Virginia Beach Residences, LLC Agenda Item 11 page 21 of 23 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application .Baker Road Properties LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesON.0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 2 or affiliated business entity 2 relationship with the applicant.(Attach list If necessary,) Members. Baker OZF LLC,JMS OZ Fund,LLC;Ballison OZ LLC;SPAB LLC,ALR Investment LLC Manager: Frank T Gadams Does the subject property have a proposed or pending purchaser? Yes(j) Noo If yes,name proposed or pending purchaser.• Same as Applicant. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No(F) ci or emptcyee.and describe the nature or tlx: '�terest. 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 I SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust,. O O i Atlantic Union Bank cross-collateralization,etc.) -r - .Real Estate Broker/Agent/Realtor © O John Merenda-JMS Commercial Accounting/Tax Return Preparation ! O G Architect/Designer/Landscape 1 Architect/Land Planner O O Construction Contractor 0 Engineer/Surveyor/Agent i 0 e Legal Services (F) O McIntyre Stein,PI-LC-John D.McIntyre PROPERTY OWNER CERTIFICATION READ:I certify that al/information contained in this Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. BAKER ROAD PROPERTIES LLC BY: Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Virginia Beach Residences, LLC Agenda Item 11 page 22 of 23 Virginia Beach Residences, LLC Agenda Item 11 page 22 of 23 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 Residences, LLC Agenda Item 11 page 23 of 23 VIRGINIA BEACH RESIDENCES,LLC,a Delaware limited liability company BAKER ROAD PROPERTIES LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS(this "Agreement") is made as of this 11 day of May, 2025, by and between VIRGINIA BEACH RESIDENCES. LLC, a Delaware limited liability company ("VBR", and to be indexed as grantor); BAKER ROAD PROPERTIES LLC a Virginia limited liability company("Baker",and to be indexed as grantor)(VBR and Baker hereinafter collectively referred to as"Grantors");and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Baker is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Numbers 1469-00-5850-0000 and 1469-01-4520-0000 (formerly portions of GPIN Number 1469-01-4169-0000) (the "Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A;and WHEREAS,VBR is the contract purchaser of the Property; and WHEREAS,the Property is currently zoned Conditional A-36, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Baker Road Properties,LLC, a Virginia limited liability company, and Grantee, dated October 28,2021, and recorded April 15,2022 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office")as Instrument Number 202203022395 (the"Original Proffers");and WHEREAS,the Grantors desires to amend the Original Proffers as stated herein. NOW THEREFORE, the Grantors, for themselves, and their successors, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions,namely: GPIN No.: 1469-00-5850-000; 1469-01-4520-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 1. Proffered Condition#1 is hereby amended to state in its entirety as follows: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled"LIVANO VIRGINIA BEACH—CONCEPTUAL SITE PLAN",dated June 17, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 2. Proffered Condition#2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by PRDG, entitled "PRELIMINARY EXTERIOR ELEVATIONS" Sheets A-1 and A-2 for "LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT",dated May 1,2025(the"Elevations"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 3. Proffered Condition#3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property,when developed,shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO,entitled"LIVANO VIRGINIA BEACH —CONCEPTUAL LANDSCAPE PLAN", and dated June 17,2025(the"Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 4. Proffered Condition#6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." 5. Proffered Condition#7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property,substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet (8.5'), respectively,in lieu of the thirty foot(30')minimum setback otherwise required under Section 602(d)of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one- half feet(3.5'),in lieu of the five foot(5')minimum setback required under Section 214(b)of the Zoning Ordinance." 6. Proffered Condition #8 is hereby added to the Original Proffers, and shall read in its entirety as follows: For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as"attainable housing units." The attainable housing units shall be integrated 2 into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%)of Area Median Income for the Virginia Beach-Norfolk-Newport News,VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation,or his/her designee,provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer#8 shall automatically terminate and be of no further force or effect. 7. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references 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. Except as otherwise provided in Paragraph 6,above,the covenants,restrictions and conditions set forth above,having been proffered by the Grantors and allowed and accepted by the Grantee,shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless,notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument;provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. 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. 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: Virginia Beach Residences, LLC, a Delaware limited liability company 7- ���_--- Name: `ten,,.. Title: ..,Rkor:zdaf '}7.,Q r �sitiv COMMONWEALTH/STATE OF CITY/COUNTY OF )(Ffcootj , to-wit: The foregoing instrument was acknowledged before me this _ off"' day of Argil , 20?.6 , by ��A5oy P2Aa-c!K , who is personally known to.._me or has produced as identification, in his/her capacity as AuifloPgo PffgffF1v7ATiveof Virginia Beach Residences, LLC, on behalf of the company. Notary Public My Commission Expires: fZ .•'•�INOMAS 1000 Registration No. •'��,��SsipNExp�Oq�' 4 •Lo�0U7Ag),�FJ;cP [NOTARIAL SEAL/STAMP] : D : L • r :C4 i 7: pUEItiG j� C}l' 0. • 4 GRANTOR: BAKER ROAD PROPERTIES LLC, a Virginia limited liability company By: Name: dQ, Jc_ a46AAf Title: COMMONWEALTH OF VIRGINIA CITY OF N oy;0 k , to-wit: The fore oin instrument was acknowledged before me this day of , 20 5 , brt 6-' c�t�r y , who is personally known to me or has pr aced ATM-, ufl5ti as identification, in his/her capacity as of Baker Road Properties LLC, on behalf of the co may. Notary Public My Commission Expires:*11 (12(D Registration No. 111U 0 [NOTARIAL SEAUSTAMP] RENEE LEE RUDISILL NOTARY PUBLIC REGISTRATION M 7976436 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER31 2026 5 EXHIBIT A Legal Description GPIN 1469-00-5850-0000& 1469-01-4520-0000 ALL those certain lots, pieces or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, together with the appurtenances thereon, known and designated as "PARCEL 1-A-l" and "PARCEL 1-A-2", on that certain plat entitled "Subdivision of Parcel 1-A (Inst. #20080619000724260) Property of Baker Road Properties LLC Virginia Beach, Virginia", dated April 28, 2022, and prepared by VHB, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 202307000090. IT BEING the same property conveyed to Baker Road Properties,LLC,a Virginia limited liability company, by deed from 1276 Baker Rd LLC, a Florida limited liability company, dated April 16,2021 and recorded April 29, 2021 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202103035976. 6 Virginia Beach Planning Commission July 09, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #11 Virginia Beach Residences, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item on our agenda is item 11, Virginia Beach Residences, LLC,property owner, Modification of Proffers. Thank you, sir. Mr. Beaman: Thank you Mr. Vice Chair, Madam Chair, Members of the Commission for the record, my name is Rob Beaman, a local land use attorney with the Troutman Pepper Locke Law firm here today on behalf of the applicant for number 11. We've had a chance to review the proffered conditions, and we concur with them and we appreciate being on the consent agenda. Thank you very much. Mr.Coston: Is there any objection to this item being placed on the consent agenda? There being none,we've asked Commissioner Byler to read this into the record. Ms. Byler: This is an approximate 14.6-acre site. Previously it was rezoned or there was an application for 524 unit multifamily. The current project is for 375 unit multifamily. The site is located within the Burton Station Strategic Growth Area, specifically within the North Hampton Diamond Springs Baker Road corridor development focus area. The vision for this area emphasizes the creation of a pedestrian friendly walkable district with convenient access to businesses via streets, bus stops, sidewalks, and adjacent structures. The Burton Station SGA master plan supports the buildings of up to five stories and height with mixed use, including retail, restaurant, office, hotel, limited residential, while reserving a significant portion of land for open space recreation and storm water management. The current application contributes to the City's need for housing and enhances the corridor by removing a long abandoned unfinished sports complex that has remained vacant for over a decade. There being no opposition, it appears appropriate for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, items 1, 3,4, 5, 6, 7, 8, 10, 11, 20, 22,23,and 25. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Cuellar: I have a move. Is there a second? Ms.Byler: Second. I have a motion by Commissioner Plumlee,a second by Commissioner Byler. Are there any Commissioners abstaining from the consent agenda? Hearing none. Any further discussion. Clerk: The vote is open. By a recorded vote of 10 to 0, all aforementioned minutes with all aforementioned abstentions, items 1, 3, 4, 5, 6, 7, 8, 10, 11, 20, 22, 23, and 25 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you've had an application that was on the consent agenda, your request will now be scheduled at an upcoming City Council meeting. Staff will contact you about the date for those applicants on the consent agenda. Thank you for participating today. You may remain for the remainder of the meeting, either virtually or in person, but of course you're free to leave as well. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X Byler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers Proffer 1 1. Proffered Condition #1 is hereby amended to state in its entirety as follows: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL SITE PLAN", dated May 1, 2025, and prepared by PLOT STUDIO (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2 2. Proffered Condition #2 is hereby amended to state in its entirety as follows: The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by PRDG,entitled"PRELIMINARY EXTERIOR ELEVATIONS"Sheets A-1 and A-2 for"LIVANO VIRGINIA BEACH 1276 BAKER ROAD VIRGINIA BEACH, VA 23455 LIV DEVELOPMENT", dated May 1, 2025 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3 3. Proffered Condition #3 is hereby amended to state in its entirety as follows: Landscaping installed on the Property, when developed,shall be in substantial conformity with that shown on the exhibit prepared by PLOT STUDIO, entitled "LIVANO VIRGINIA BEACH - CONCEPTUAL LANDSCAPE PLAN", and dated May 1, 2025 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4 4. Proffered Condition #6 is hereby added to the Original Proffers, and shall read in its entirety as follows: "No more than 375 multifamily residential units may be developed on the Property." Proffer 5 5. Proffered Condition#7 is hereby added to the Original Proffers, and shall read in its entirety as follows: "The accessory garages and compactor enclosure constructed on the Property, substantially as shown on the Concept Plan, shall be subject to minimum front yard setbacks from the Baker Road right-of-way of three and one-half feet (3.5') and eight and one-half feet(8.5'), respectively, [begin strikethrough] in liew of the ten feet (10') tback„theF ise r�.. .red U RdeF S^r*i^^ '4' of the ZGR*R' ^FF'f^R^^^ [end strikethrough] in lieu of the thirty foot (301 minimum setback otherwise required under Section 602(d) of the Zoning Ordinance. Additionally, freestanding signage on the Property shall be subject to a minimum front yard setback from the Baker Road right-of-way of three and one-half feet (3.5'), in lieu of the five foot (5') minimum setback required under Section 214(b) of the Zoning Ordinance." Proffer 6 6. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. R7:5 R7.5 RT.5 B3 CORPORATION LN zz LI JEANNE SS h B3 m rn B3 CORPORATION LN' MO M B3 M m Z Z v v m m CB , o11 mp m O vw v 2 BROAD ST Z B3 w p z w a w p City Treasure ? �+ Pembroke SaBC CBC CBC Princess Sch A BEACH BLVD VIRGINIA BEACH BLVD VIRGINIA BEACH BLVD A BEACH BLVD VIRGIN? BEACH BLVD ® site N E-71 Zoning VB FBDC LLC dba Funny Bone Draft Cade WI; Property Polygons 4554 Virginia Beach Boulevard, Suite 100 S Feet 0 95 190 380 570 760 Map created by Planning Department on 8/29/2025 -�,N . �' ,.a tg•, r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB FBDC LLC DBA FUNNY BONE DRAFT CADE [Applicant] PEMBROKE SQUARE ASSOCIATES, LLC [Property Owner] Special Exception for Alternative Compliance for the property located at 4554 Virginia Beach Boulevard, Suite 100 (GPIN 1477554898). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: September 16, 2025 ■ Background: The applicant seeks to install a 91 square foot sign at the new Funny Bone Comedy Club location within the Pembroke Mall redevelopment area. The Funny Bone is currently located at 217 Central Park Ave, across Virginia Beach Boulevard from the subject property. A portion of the existing Pembroke Mall has been demolished, and the new Funny Bone Comedy Club's front fagade will face a private road surrounded by the existing exterior anchor stores of the mall. The applicant intends to reuse the existing Funny Bone sign at the new location. In 2021, a sign permit was approved for the subject sign as a 75 square foot building crown sign. The existing Funny Bone sign is approximately 91 square feet and has an approximately 16 square foot deviation from the original proposal. ■ Considerations: Section 2210 of the Zoning Ordinance restricts wall signs in the Central Business Core (CBC) district to be one (1) square foot per linear foot of wall length and no larger than 60 square feet. Reusing the existing sign as a wall sign would establish an approximately 31 square foot deviation from the maximum wall sign amount. After receiving feedback from the Central Business District Association (CBDA) Design Review Committee, the applicant revised the sign plans and removed the existing raceway mount to better comply with the CBC District Design Guidelines. The sign is to be flush mounted with internally lit LED channel letters, and no blinking or moving illuminations are proposed. The sign placement, horizontal extension, and illumination styles are complementary to the standards stated in the design guidelines. The design review committee has stated support of the application. The CBC district is a portion of the Pembroke Strategic Growth Area, intended to foster the continued development of a central urban core with a mix of urban uses. Although this sign does not directly contribute to the goals of the Pembroke SGA, the overall redevelopment of Pembroke Mall contributes to the expansion of the Town Center urban core with a mix of gathering spaces. VB FBDC, LLC Page 2 of 2 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The sign shall be installed in substantial conformance with the sign plan labeled "Internally Lit LED Channel Logo/Letter, Flush Mounted" dated August 4, 2025, with client name "Funny Bone, Pembroke", prepared by Upward Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. An approved sign permit shall be received from the Department of Planning and Community Development prior to the installation of the sign. 3. Any alteration to the sign shall require a new Special Exception to Alternative Compliance request, unless the alteration creates compliance with the prescribed form for wall signs as stated in Section 2210 of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda • •• i FBDC LLC ••. Funny Bone DraftCade p Property Owner: Pembroke Square Associates, LLC Planning • • • City (Schulman) io4.m— • • Project Details West Request Retail, Eating and drinking establishment, Hotel, Alternative Compliance (To allow for wall signage Office /CBC Central Business Core larger than what is permitted by the CBC Form- Based Code) Staff Recommenda tion Approval W,�" J 4A, I,,11P, m g��}� Z YNFRa p p yF C O r$eURC rc z VPP T Ny PO�'G GA CE L q. a Cr 0 3 0 w a a o �Ea.of ci PiaF"Gt 49i° 04 i' y O O p Pa `NP a 1 P Sta19`Planner 4 g V JONN N t N PO Q 3'VALLEY V `PM P`t .cy POZ FORGE LN F - Laine Harrington CROWN POINT LNg St. QpJ`n I 5 EANNE p GOR►ORAT" ZA Location ML 4554 Virginia Beach Boulevard, Suite 100 _ oA 5T GP/N BaDPD w o 14775548980000 SECOND ST W Site Size E N VIRGINIA BEACH BLVD 4 a 23.88 acres : . A/��� w BANK ST n w w O COLUM BUS 0 pDO z W CTR HONEYBROON O J COMMERCE Q K Q Z MAIN ST W CT RUNNING 3 '� BROOK Dq Less than 65 dB DNL 5T W Watershed COWMBUS Si COL BE K N LOOP OOP BEABLEY CT V Chesapeake Bay Existing Land Use and Zoning District e.� N . ,��O +Nan*! Shopping Center, Retail/CBC Central Business Core Surrounding Land Uses and Zoning Districts North ' Retail / B-3 Central Business ` i Housing for Seniors/CBC Central Business Core E �' South Retail, Restaurant, Office/CBC Central Business ` Core East Retail, Eating and drinking establishments/ CBC Central Business Core & B-3 Central Business VBFBDC LLC Agenda Item 9 page 1 of 15 Background SummaryofProposal • The applicant seeks to install a 91 square foot sign at the new Funny Bone Comedy Club location within the Pembroke Mall redevelopment area.The Funny Bone is currently located at 217 Central Park Ave, across Virginia Beach Boulevard from the subject property. A portion of the existing Pembroke Mall has been demolished, and the new Funny Bone Club's front facade will face a private road surrounded by the existing exterior anchor stores of the mall. The applicant intends to reuse the existing Funny Bone sign at the new location. • In 2021, a sign permit was approved for a 75 square foot building crown sign. The sign that was installed has an approximately 16 square foot deviation from what was approved. • Section 2210 of the Zoning Ordinance restricts wall signs in the Central Business Core (CBC) district to be no larger than one (1) square foot per linear foot of building frontage, or 60 square feet. The existing Funny Bone sign is approximately 91 square feet. Section 2205 of the City Zoning Ordinance allows for City Council to grant a special exception of alternative compliance for signage that does not conform to the signage regulations of the Central Business Core Form-Based Code. • The sign will be flush mounted with internally lit LED channel letters. There are no blinking or moving illuminations proposed. Zoning History Map Key No. Request R744_� z1 s F :s '�, i3�. D14 CUP (Mini golf) Approved 11/27/90 6 `coRPORAnoN I L4 CUP (Church) Approved 02/14/06 1 REZ&CRZ (B-3 and B-3A to CBC and s� �83ORAT"Or Cond. CBC)Approved 02/25/2014 — CUP (Indoor recreation) Approved 03/17/15 { 1g3 1 CUP (Outdoor recreation) Approved 04/20/16 MDC (Indoor recreation) Approved c c csc 09/21/16 ,,. CUP (Indoor recreation) Approved WRWN1A BEACH BLVD «+•A+A("otvv ALT(Wall sign) Approved 04/19/2023 2 CUP (Open air market) Approved 02/26/2013 CUP(Unmanned wireless 3 communication facility) Approved 09/10/1996 VB FBDC�LLC Agenda Item 9 page 2 of 15 Map Key No, Request 4 CUP(Auto service station) Approved 04/08/1997 5 ALT(Freestanding sign) Approved 02/05/2019 6 CUP(Housing for Seniors) Approved 07/08/2021 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation - • • • The Central Business Core District (CBC) is a portion of the Pembroke Strategic Growth Area, intended to foster the continued development of a central urban core with a vertical mix of urban uses, mobility and transit alternatives, and urban gathering spaces to provide a variety of civic, commercial, artistic and ethnically diverse areas. Section 2205 of the Zoning Ordinance sets forth the procedures and standards for Alternative Compliance under which City Council may grant special exceptions to allow uses or structures that do not conform to the prescribed forms of development within the CBC Form-based Code. The City Council shall consider the extent to which this proposal advances the goals and objectives of the Pembroke Strategic Growth Area Plan and Comprehensive Plan, in addition to the consistency with the Central Business Core District Design Guidelines. Although this sign does not directly contribute to the goals of the Pembroke Strategic Growth Area Plan, the overall redevelopment of the Pembroke Mall contributes to the expansion of the Town Center urban core with a mix of urban gathering spaces. The new Funny Bone location will attract locals and visitors while serving as an improved space for the community. Additionally, the repurposing of the sign reduces waste and is a more sustainable option. Section 5.18 of the CBC District Design Guidelines provides the required and encouraged standards for wall signs. The proposed sign complies with the required placement, horizontal extension, and illumination standards set forth in the guidelines.The design guidelines discourage the use of raceway mounting systems. But, if necessary, raceways should not exceed 25%of the sign height and should blend in with the building fagade. After receiving feedback from the Central Business District Association (CBDA) Design Review Committee, the applicant removed the existing raceway mount from the plans and will flush mount the sign to the fagade. Overall, the CBDA Design Review Committee showed support of the application. VB FBDC LLC Agenda Item 9 page 3 of 15 Although the sign is larger than what is permitted for standard wall signs, the sign does not dominate the 90- foot-long building facade.The sign has a simple design, with limited variation in color. The placement on the building and the illumination style are complementary to the standards stated in the design guidelines. Based on these considerations and the recommendation provided by the Central Business District Association's Design Review Committee, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The sign shall be installed in substantial conformance with the sign plan labeled "Internally Lit LED Channel Logo/Letter, Flush Mounted" dated August 4, 2025, with client name "Funny Bone, Pembroke", prepared by Upward Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. An approved sign permit shall be received from the Department of Planning and Community Development prior to the installation of the sign. 3. Any alteration to the sign shall require a new Special Exception to Alternative Compliance request, unless the alteration creates compliance with the prescribed form for wall signs as stated in Section 2210 of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • This proposal is located within the Pembroke Strategic Growth Area. The CBC District Design Guidelines exist to provide guidance for signage in this area of Virginia Beach and although the proposal exceeds the permitted wall sign amount by approximately 30 square feet, the applicant is proposing the reuse of an existing sign with a modification to the mounting type that complies with the design guidelines. 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. VB FBDC LLC� Agenda Item 9 page 4 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 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 29, 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 September 12, 2025. VB FBDC LLC Agenda Item 9 page 5 of 15 J J E U � O m ra LL. � bA cm O M v Q ao Q Internally Lit LED Channel Logo/Letter, Mush Mounted i Note:This is an EXISTING Sign(currantly located And Y installed at the V5 Town Center)that will be relocated and V i v I ter/ Y`r�`, installed At the Pembrook Mall."CEWAY will NOT BE USE L: .. i j i qq � [� [7(TtRIpi ELEYArIpI f(` �. LEAO 1p Wre iV&4` T W Pvc 5wWroT' X4Y Y'i cgfcr.*7N't?-iXB F Mn i'L. S.M.•i.4F"r"C"lI f.enw.�...eff This sign is intended to be installed in accordance o.owr with the requirements of Article 600 of the National cume"T a.kam cow a WOO Electrical Codas and/or other applicable local codes. �.N aau.s This includes proper grounding and bonding of the sign rra,.lw.,w.aw,swm INSTALL LOCATION: SIGN DIMENSIONS:4.93ft x 18,57ft Address:4554 VA13 blvd Ste 1040TAL SIGN AREA 91.55rgft - FRONT LINEAR LENGTH:-'I€0f-L PROJECTION: -121n ELEVATION:-21-1 Oft 22162o74 ,y SzU&71SI ni.Sov. Client Name. Proof No: Date: Acceptance Signature Funny Bone, Pembrook 002 08/04/25 • u� � e.» .w.�a»am.K+t.�.n..wn.+we.w+wrawewdma sw�wnet+wHt•.*,.*., w.lw.ari•w.nes+ 614 Jack Rabbit Rd. Virginia Beach,VA 23451 r•LE,��,�,,�W,11P1 ."**d M.� e Tel: (757) 222-0224 Email: order a uowardsigns.com '°•""a"'^«"'�°"'a".�..�"".,.�.^'.�."""",�M'•"r.w.�a....,.n.. IW7K C.r..I••rrary.u.a*1. *rlwa"p.,A.p.M{.y 046"hM1 OWewk w.1MfIf1ftk WWw.UpwardSigns.com .�.a..1 I'll wy.yfro.of....wur..le..w.M•. ....,,.ur,M•�r.owr.,T,,..M.�..•., •• ADIVISPYtttt K7f lk?WARCY aUSINE5S SCH.iti><rt; ;. f.r.a"pl..rM.. Site • • x d.: � I.�j R�'� 1 tp a #,S i - � -•"`�j' _ Aw 7r Z" 4 1 r Proposed Sign �r9� C Location + q t K # 4 4 AN lop Aw y s, 4c'Y v .w�•ice', a. SgP 9 �I y, VB FBDC LLC Agenda Item 9 page 7 of 15 Site Photos f f 09, w J " i i tia w lay, --------------------------------------- 4� t, _ s Disclosure V__ VIRGINIDisclosure A BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia low.Completion and submission of this form is required far all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Reach requirng action by the City Council, boards, commissions,or other bodies. SECTION 1: APPLICANT rb DISCLOSURE APPLICANT INFORMATION Applicant Name: as)med on applicarionVB FBDC LLC dba Funny Bone DrattCade Is Applicant also the owner of the subject property? YesO No@ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NCO if yes,name Representative Jon Escueta Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo 1f yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary r or affiliated business entity I relationship with the applicant.(Attach i4t necessg .} 'Todd Leinenbach Member _.� _ ` :Mitch Kutash Member Does the subject property have a proposed or pending purchaser? Visa Noo 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 Nol,e If yes,name the official or employee,and describe the nature o 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 andfor individual providing such services must be identified.(Attach list if necessary.) _�-SERVICE YES Np SERVICE PROVIDER Blame entity andjor individual) Financing(mortgage,deeds of trust, ,, cross-collate(alization,etc.) 0 0 Real Estate Broker/Agent/Reattor 0 0 Disclosure Statement I rev. M a y-1014 page 1 of 3 VB FBDC LLC Agenda Item 9 page 9 of 15 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Norse entity nd/ar Individual Account ir g?Tax Return Preparation I 0 Architect/Designer/Landscape O Architect/Land Planner v Construction Contractor 0 E) Engineer/Surveyor/Agent 0 E) Legal Services 0 G APPLICANT CERTIFICATION READ.l certify that all information contained in this Corm is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,l am responsible for updating the information provided herein three weeks prior€a the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Todd t einenbach 5-16-25 Applicant Name(Print) Aaplicant Signature Date "Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship'meon.s a r=lationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(6) a controlling owner in one entity is also a controlling owner i.n 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 at substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities shore the use of the some offices o,-employees or otherwise share activities,resources or personnel on a regular basis;or there is of a close working relationship between the entities."See State and 1 ocal Cover n m ent Conflic€of interests Art- Va Code§2.2-3101. FOR CITY USE ONLY: No changes as of idatej: August 26,2025 Larne Herrington ° ` g Au ust 26,2025 ------------- --- Staff Name(Print) Staff Signature Date Disclosure Statement I rev_ May•2024 page 2 of 3 VB FBDC LLC Agenda Item 9 page 10 of 15 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Pembroke Square Associates,LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes*• No0 !f yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent,subshfiary'or affilloted business entity I relationship with the applicant.(Attach list necessary-) )Not applicable Does the subject property have a proposed or pending purchaser? Yes( NoQ If yes,norne proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OF 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 Na0 If yes,name the cff icioi or employee,and describe ine 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) v_ SERVICE YES I NO SERVICE PROVIDER _ _ Nome entity and/or indivhdualj financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Architect/Land Planner 0 I o Construction Contractor 0 J Engineer/Surveyor/Agent Q i Legal Services0 ' O PROPERTY OWNER CERTIFICATION READ.,I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 t ody or committee in connection with this application. 4Y aq+�euf day ra+sE r�rxJn Travis Bode Travis Bode n ;wx v5 is f' ` 5115i2025 Pro ,erty-Owner Name(Print Pro petty O}vne,((si nature Date tt'G r'rtle PCntbr+ktfy&^I 6 eiht fr./fm All&kr L4c= _ Disclosure Statement I rev. May-2024 page 3 of 3 VB FBDC LLC Agenda Item 9 page 11 of 15 Disclosure Statement PEMBROKE SQUARE ASSOCIATE%LLC Sheriandaic Associates,L.L.C.,Vincent R.Olivieri,Manager Marc Associates,L.L.C.,a Virginia limited liability company,John Olivieri &Michael Olivieri,Managers Emilio Olivieri Family Company No.2,LLC,John Olivicri&- Michael Olivieri,Maliagm. Bluc Ridge Associates of Virginia, L.L.C.,Vincent Napolitario,Managcr Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano, aN'Irustets ofthe Frederick J.Napolitano Irrevocable'l rust-2(02 ror the benefit of Vincent A. Napolitano Vincent A.Napolitano,Frederick J.Na[mlitano and John C.Napolitano,as Trustees of the Frederick J.Napolitano Irtev(". b1c Trust-2002 for the benefit of Theresa Napolitano(fornerly the Frederick J.Napolitaric, Irrevocable Trust Wo Theresa Napolitano Hudgins)dated January 30, 2002 Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano, as Trustees of the Frederick J.Napolitano Irrevocable Trust-2002 for the benefit of Frederick J.Napolitano, If Vincent A.Napolitano,Frederick J.Napolitano and John C-Napolitano.as Trustees of the Frederick J.Napolitano Irrevocable Tm%t-2002 for the benefit of John C. Napolitano, V13 FBDC LLC Agenda Item 9 page 12 of 15 Disclosure Statement July 28,2M Re;VBFBDC LLC To Whom It May Concern- Based on the information provided to the organizer,LegalZoom.com,Inc. ('LegalZoom"),the members of VBFBDC LLC(the'Company"),are as follows: Mitchell Kutash Todd Leinenbach Luke Pridgeon letter. LegalZoom resigns as organizer for the Company effective upon the date of this Yours sincerely, LegalZoom.com,Inc. BY: Cheyenne Moseley Authorized Representative Agreed to on: 713OW23 A By: Name: Mitchell Kutash "Representative* VB FBDC LLC Agenda Item 9 page 13 of 15 Disclosure 1 Agn+ed M on: 7!3�ra^o23 B ! �1'jW- Nacre: Todd Leinenbach "Representative" i pt rcc-cd to on: 7/30/2023 Bv: Name: Luke Ndgeon "Representative" s V, • I i VB FBDC LLC Agenda Item 9 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VB FBDC LLC Agenda Item 9 page 15 of 15 Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #09 VB FBDC LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. The next item for our consent agenda is Item#9,VB FBDC,LLC, doing business as Funny Bone, is their representative in the building today? Mr.Jonathan: Good afternoon. My name is Jonathan. I represent Funny Bone. Mr.Coston: Thank you, sir. Do y'all agree to all of the conditions? Mr.Jonathan: I do, sir. Mr. Coston: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none,we've asked Commissioner Byler to read this item into the record. Ms. Byler: The applicant see seeks to install a 91 square foot sign by the Funny Bone Comedy Club location within the Pembroke Mall redevelopment area. Currently,the Funny Bone is located across Virginia Beach Boulevard in the Town Center development. The Funny Bone sign will be internal and will be facing other developed buildings. It will not be facing out to Independence Boulevard or Virginia Beach Boulevard. The sign will be flush mounted with internally LID channel letters. There are no blinking or moving illuminations proposed. The Central Business Core District, CBC is a portion of the Pembroke Strategic Growth Area intended to foster the continued development of a central urban core with a vertical mix of urban uses, mobility, and transit alternatives, and urban gathering spaces. The CBC has its own guidelines for signs and this sign has been vetted by that group. Some of the signs, some of their recommendations are aspirational and some are requirements. After give and take,the applicant removed the existing raceway mount from the plans and agreed to a flush mount for the sign on the facade. Although the sign is larger than what is permitted for standard wall signs, this sign does not dominate the 90 foot long building facade. As such, staff recommends it for approval. There are no known letters in opposition and no comments of opposition. As such,the commissioners feel it's appropriate for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3,4, 9, 12 and 13,and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August 71, 2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person, but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X Byler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The sign shall be installed in substantial conformance with the sign plan labeled "Internally Lit LED Channel Logo/Letter, Flush Mounted" dated August 4, 2025, with client name "Funny Bone, Pembroke", prepared by Upward Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. An approved sign permit shall be received from the Department of Planning and Community Development prior to the installation of the sign. 3. Any alteration to the sign shall require a new Special Exception to Alternative Compliance request, unless the alteration creates compliance with the prescribed form for wall signs as stated in Section 2210 of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. -o v n H T H n fi OR(STR-OR) a. OR T_ n L m Q�N ST ® Site " p zoning Charlese Hasan W* 11 Property Polygons 213 4th Street S Feet 0 172 40 60 80 Map created by Planning Department on 8/29/2025 joss CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHARLESE HASAN [Applicant] CEC FAMILY TRUST [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 213 4t" Street (GPIN 24272286045670). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: September 16, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a two-bedroom unit in the Windward Landing Condominiums located at 213 4tn Street. The site has a prior zoning complaint which was resolved when the online short term rental advertisement was changed to a 30-day minimum stay. The site is currently advertised at a 30-day minimum, and the last known documented stay took place on May 1, 2025. ■ Considerations: There are two assigned parking spaces associated with this unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 213 4th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Charlese Hasan Page 2 of 4 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Charlese Hasan Page 3 of 4 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors Charlese Hasan Page 4 of 4 have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01 City Manager:fw Agenda Applicant: PropertyOwner: Planning Commission • August CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation A Approval Staff Planner � Alexis Bailey Y Location 213 4th Street ` GPIN 24272286045670 s � Site Size 00,1,736 square feet �� � . A/CUZ ' nrf may 65-70 d6 DNL; Sub-Area 1 Watershed Atlantic Ocean � ^ Existing Land Use and Zoning District Y• r Condominium Complex/OR Oceanfront Resort > Surrounding Land Uses and Zoning Districts North Hotel /OR Oceanfront Resort South 4th Street Municipal parking lot/OR Oceanfront Resort S East Parking lot/OR Oceanfront Resort ' ' N51 West Pacific Avenue Parking lot/ RT-3 Resort Tourist Charlese Hasan Agenda Item 13 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 213 4th Street. The 1,736 square foot condominium unit is located within the Windward Landing Condominiums and is zoned Oceanfront Resort District. • According to City records, this 2-bedroom unit was constructed in 1996. • Staff inspected the site on June 18, 2025 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 4th Street. • A zoning complaint was received April 17, 2025, for the operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit.The complaint was closed after the advertisement was changed to a 30-day minimum stay. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property is not considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of July 29, 2025, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No May 1, 2025 Yes Charlese Hasan Agenda Item 13 page 2 of 14 Short TermRentals in the Vicinity _- ,�/ Short Term Rentals STR Permits(109) Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 Charlese Hasan Agenda Item 13 page 3 of 14 HistoryZoning # Request 1 1 CUP(Communication Tower)Approved 03/14/1995 t D m C. 4051 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 EvaluationRecommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the Windward Landing Townhome Condominiums. There are two parking spaces associated with this unit in the condominium's parking lot, thereby satisfying the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Charlese Hasan Agenda Item 13 page 4 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 213 41h Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Charlese Hasan Agenda Item 13 page 5 of 14 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. Charlese Hasan Agenda Item 13 page 6 of 14 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 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 29, 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 September 12, 2025. Charlese Hasan Agenda Item 13 page 7 of 14 LayoutSite EXHIBIT B s ..[ sufwr[s L.rf tr.r[ro. .r.m apTl►T r.Ar r.a ►4Lr Is ♦CCOO.T[ .r0 COUPL+Cs R+T. f[cTlO. ss-Tt I.I.I or INC COOL Or T,..,.IA Arf ALL ..,rf .C►,CT[O .C.CO. *A.t O[[f }.SSTs T+.LLI CAVIL tiff •M V + TA O.I[ X p ti Y ALL[T IW 10►NI __T J [roa.rdtt RCAF It AD PER 0410►M O SO[,.I I[Or, OWNw +,w A.; /A" I J ,.. O.P^ � (►fT.1B j _ CIAM rt+T AODD NCO$ /rrm APM.n.ar tAp u- It J REMAINS OF LOTH �� Lor O R NOrrS � � 1 wmi• wL- fanfsl �+'•tft '.. 0 : 111 Owow III tsl V as COVOIO OUT Is srumm 0 O!OUMMTIft AND Is AOT lxuf A OKI Im ISN"WALL Cc r[Ac[ McluW%ALL$ AWrol ca oni unum ,Jn Ira/ A,rIYL.T All PACT V CIO Win o o tN w r o LLfiLB� .M[4 COw.4M W T a , Co.Yor AR[A eos EOT P. „— or sUwar+rrr aAr IV�—.c MT/NOWARD LAND/NI Co.Parr.r scP r AIC!A'A[a,lc ,u .f f APPP Mr[Ai on" ►ALArt +, LOT /O ..f EAST&" AO of Lot u RLOCR O r {to STREET rso R/WI ArILAT P►►.Pr[Rrr COWS f, 06FINIrE CONTRACT •WLOIA.r AAO La" AOtOC/ATlON ,If 0►OI YIROIRIA fOACR&**WON YMfINA OEACR'VA:.Si 1 '•Y� scAL[, -AI �:onof[f rwf /. NA A"YAC.V.IM"243A% w..L.wa Charlese Hasan Agenda Item 13 page 8 of 14 Parking Plan 213 4th Street Parking Plan The 2BR Condo unit has a private off-street covered carport area Located under the condo unit.The carport has a concrete surface and is able to accommodate up to two cars 9ft 9ft W _ CO Q, i Charlese Hasan Agenda Item 13 page 9 of 14 � E of a f i Charlese Hasan Agenda Item 13 page 10 of 14 Disclosure VIRGINI V BEACH Statement ' Disclosure The dasctosures contained in this form are necessary to inform public officials who may vote on the oppPicotron as to whether they have a conflict of interest under Virginia Paw.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andlor use or property in the City Of Virginia Beath requiring action by the City Council,boards, commissions,or other bodies. SECTION I. APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Charleese Hasan Is Applicant also the Owner of the subject property? Yes No�l if nca,property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No(F) if yes,name Representative: _ Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeSONa(F) If yes,list the names of call officers,directors,members,or trustees belowAND businesses that have a parent-subsidiary'or affiliated business entity d relationship with the applicant.(Attach list if necessary.) i [ Does the subject property have a proposed or pending purchaser? Yes No • If yes,naive proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes{ No if yes,name the official or employee,and describe the nature of their interest. I i APPLICANT SERVICES DISCLOSURE RE AO.The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO !SERVICE PROVIE36--- l Nome entity andlor individual) 1Financing(mortgage,deeds of trust, 0 Q cross-collateralization,etc.)_____a Real Estate Broker( Disclosure Statement I rev. May-2024 page 1 of 3 Charlese Hasan Agenda Item 13 page 11 of 14 continuedDisclosure Statement SECTION 1: APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity andfor individual) Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner 0 e Construction Contractor 0 Engineer/Surveyor/Agent © l Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Charleese Hasan Applicant Name(Print) Applicant ignature Date 1 Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship.other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity, (d) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or monoge 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): _8/26(2025 _. AlPxit Bail!`.X. _ �8I29 2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3� Charlese Hasan Agenda Item 13 page 12 of 14 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application CEC Family Trust Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes( Noo if yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Charleese Hasan,Eboni Sampa Does the subject property have a proposed or pending purchaser? Yeso No •) If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o 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) i Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 e Real Estate Broker/Agent/Realtor _0 rQ1 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 €Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services 1 01 0 PROPERTY OWNER CERTIFICATION READ,l certify that all information contained in this Form is complete, true, and accurate. !understand that upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public bq#y or committee in connection with this application. Charleese Hasan 21 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Charlese Hasan Agenda Item 13 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Charlese Hasan Agenda Item 13 page 14 of 14 STIR VICINITY MAP CHARLEESE HASAN i , 1 r. 4 v� tl t y ..._.. 1 - - v - y {I , y .- 1 1 ti !� D Short Term Rentals 0 STR Permits (109) Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #13 Charlese Hasan Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Next item for the consent agenda is Item 13, Charlese Hasan,property owner, CIC Family Trust, conditional use permit. Ms. Hasan: Good afternoon, Planning Commission members. My name is Charlese Hasan, representative for CIC Family Trust, and I plan to operate this property as a short-term rental and I accept all the conditions that are placed on the property. Mr.Coston: Thank you. You may be seated. At this time,we've asked, is there any objection to this item being placed on the consent agenda? There being none. We've asked Commissioner Schoonover to read this item into the record. Ms. Schoonover: Agenda Item 13. The applicant,the CIC Family Trust is seeking a conditional use permit for a short-term rental at 2134t' Street. It's surrounded by hotel and parking facilities. All of the bedroom parking requirements have been met. Approval would expire in five years and be subject to the standard renewal process. This was a reasonable request approved by all members of the commission and therefore placed on the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3, 4, 9, 12 and 13,and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr.Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August 7a`,2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person,but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 213 4th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. OR(STR-O \ .. 2�ST NALF ST OR(STR-,OR) OR S, ® Site N =7 Zoning David & Deborah Dowdy W F. 0 Property Polygons 423 21 st Street s Feet 0 10 20 40 60 80 Map created by Planning Department on 8/29/2025 r0 W `u r si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID & DEBORAH DOWDY [Applicants] DAVID WAYNE & DEBORAH M DOWDY [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 423 21St Street (GPIN 24270823850001). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 16, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a four-bedroom duplex at 423 21St Street. Although a zoning complaint was received for the site, staff was unable to find an active advertisement for the dwelling or otherwise substantiate the complaint. ■ Considerations: A total of four parking spaces are required for the proposed Short Term Rental. There are two assigned parking spaces on site and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two parking spaces in the 25t" Street Municipal Parking Garage located 0.24 miles (straight line measurement) and 0.3 miles (driving distance) from the site. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonable met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 423 21 st Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. David & Deborah Dowdy Page 2 of 4 4. A third (3rd) and fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. David & Deborah Dowdy Page 3 of 4 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10-.00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7.00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of David & Deborah Dowdy Page 4 of 4 one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Applicant: Deborah Dowdy and David Dowdy Property Owner: David Wayne & Deborah M Dowdy Planning Commission ' • 2025 VB_ CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) .aSM NAB m Sf Staff Recommendation Approval Staff Planner ' a �L 1 y _ _ T, Alexis Bailey Location - — :, U 423 21st Street GPIN 24270823850001 - t ' L � Site Size i 2,325 square feetll�� :'�� �' AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 21s'%2 Street Single-family dwelling/OR Oceanfront Resort South 2111 Street Townhouses/Motel/OR Oceanfront Resort East Multi-family dwelling/OR Oceanfront Resort West Single-family dwelling/OR Oceanfront Resort Deborah Dowdy and David Dowdy Agenda Item 12 page 1 of 14 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 423 21st Street. The 2,325 square foot unit is located within one of two duplex dwellings on the site and is within the Oceanfront Resort District. • According to City records, these duplexes were constructed in 2020. • Staff inspected the site on June 18, 2025 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program (RPPP) boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • A Zoning Complaint was received on March 20, 2024 for the operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. When the complaint was investigated, staff was not able to find an active advertisement for the unit or otherwise substantiate the complaint. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property is not considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of July 29, 2025, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes Deborah Dowdy and David Dowdy Agenda Item 12 page 2 of 14 Short Term Rentals in the Vicinity v Short Term Rentals _. ® STR Permits(170) Summary ofProposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required): 4 • Number of off-street parking spaces provided: 4 (2 provided on-site and 2 provided off-site) Deborah Dowdy and David Dowdy Agenda Item 12 page 3 of 14 Zoning History i # Request "OR r 1 CUP (Short Term Rental)Approved 07/12/2022 4`, s�St HALF st 1` CUP (Short Term Rental) Approved 08/25/2020 , CUP (Short Term Rental) Approved 08/18/2020 2 , CUP (Short Term Rental) Approved 07/07/2020 R jR' 3 ALT Approved 04/18/2017 CUP (Short Term Rental) Approved 07/14/2020 CUP (Short Term Rental) Approved 07/14/2020 3 CUP (Short Term Rental) Approved 07/14/2020 CUP (Short Term Rental) Approved 07/14/2020 ', 1 ALT Approved 04/18/2017 list St 4 NON Approved 11/28/2000 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • The applicant is requesting to operate a four-bedroom Short Term Rental within a duplex structure. The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces within a municipal parking garage on 25'Street, located 0.24 miles from the site, for a total of four parking spaces. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application.The site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Deborah Dowdy and David Dowdy Agenda Item 12 page 4 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 423 215t Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A third (3rd) and fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. W � Deborah Dowdy and David Dowdy Agenda Item 12 page 5 of 14 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance Deborah Dowdy and David Dowdy Agenda Item 12 page 6 of 14 inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 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 29, 2025. Deborah Dowdy and David Dowdy Agenda Item 12 page 7 of 14 The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 12, 2025. Deborah Dowdy and David Dowdy Agenda Item 12 page 8 of 14 Site Layout ' 6 Y Mul t jam ► -� I + "c 1M a.+ Ye E g IMAM M,M-1- W 'a e .J •. GR�1DM-A DF WVETENT PLAN p OpADNO�„ tc nri". '�-STAQVEIIEHT PL�Ii C-3.0 ---- - _ fi - Deborah Dowdy and David Dowdy Agenda Item 12 page 9 of 14 Parking Plan T - :3'� 25th Street Municipal s 2STH ST i 0'�(-4}R` R)( 4 � ,...�. Parking Garage osTR.oR r ; YR {3F } d ,str< _ l A (C)E3) Al2( e � i �� � � a 3(U�S) c.. 4�,v(�Tf�-t.�f2) 1 r {f`1i) Ai2;C,6) 4(C 2ATN ST Z► A_12(0%, A24!0B A { ) 2ATN SIT 424(09) 013) R('S T s Al2(014 n A3t 't)f3� 0.3 Miles 0.24 Miles I�(\TR �. R55(Oul) — 23Rv 12k0A) A361 ) 09(�T� R) RS1)(0EB' '= 2 CAR) 22N C3_R -TR R)' : R TR-OFF) 215. O k(S T R 0 R) 5 T ST .y 21ST ST O� Subject Site ©' j T R-4 Deborah Dowdy and David Dowdy Agenda Item 12 page 10 of 14 Site • • x a { } i 8{t 17 Jt II Deborah Dowdy and David Dowdy Agenda Item 12 page 11 of 14 Disclosure rCITY OF Disclosure 1 ! VIRGINIA BEACHStatement The disclosures contGinea rn this orm are neressor try inform public officials who rn tf application as to whether they have a conflict of interest under Virginia law,rompletion andd vote submission he o, this form is required for all applications thot pertain to city real estate matters or to the development and/or use of property in the t itv of Virginia Beach requiring action by the city Council, boards, commissions, or other bodies_ IMMINgIEZEMEm— APPLICANT INFORMATION Applicant Name: as listed on application Is Applicant also the Owner of the subject property? YesQNoo +€nu,Proper iy Ovvnv r tnuist cornplete SECTION�^�2:PROPERTY OLVNER DISCLOSURE(page 3;. Does Applicant have a Representative?Yes (�No© f yC'S,name Representative: Is Applicant a corporation,partnership,firth,business,trust or unincorporated business? YesoNoo if yes,list the names of oil officers,directors,members,or trustees below AND businesses that have G parent subsidiary or affiliated business entity-relationship with the applicant.(Attach list if necessor.i t i Does the subject property have a proposed or pending purchaser? Yes No , yes,nome 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 i proposed development contingent on the subject public action? Yes©Noo if yes,norne the officiol of employee,and describe the nature of their interest, APPLICANT SERVICES DISCLOSURE BEAD.The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity ondror individual providing such services must be identified.(Attach list if necessary„) SERVICE YES NO SERVICE PROVIDER Name entity andrar individual Financing(mortgage,deeds of trust, 0 t^t, {cross-colfateralization,etc.) �.l f Real Estate Broker/ABentfRealtorOS Yr� ' (1tir ? st r�rt> Disclosure statement j rev. May-2024 page 1 of 3 Deborah Dowdy and David Dowdy Agenda Item 12 page 12 of 14 Disclosure SECTION APPLICANT f SERVICE YES NO _� SERVICE PROVIDER "" Nome entity and or individual Accountin ax Return Preparation 0 Arch itect/Designer/landscape "'y t Architect/land Planner `✓ � Construction Contractor0+ Engineer/Surveyor/Agent l� Legal Services �0 G APPLICANT CERTIFICATION READ:i certify that all information contained in this Farm is complete,true,and accurate.l understand that upon receipt of notification shot the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CSPA, Wetlands boor on. tion with this applicati n Applicant Name(Prtht) pp iea�n 5ig�ure Date Y"Parent-subsidiary relationship"means it 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§2.2-3301. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(W)there is shored management or control between the business entities.Factors that should be considered in determining the existence of on offilioted 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 ord focal Government Conflict of interests Act, Va. Code§2.2-330I FOR CITY USE ONLY: No changes as of(date): 8/27[2025 Alexis Bailey 5ad4zel- 8 29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y 2024 (sage 2 of I Deborah Dowdy and David Dowdy Agenda Item 12 page 13 of 14 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Deborah Dowdy and David Dowdy Agenda Item 12 page 14 of 14 STR VICINITY MAP DAVID AND DEBORAH DOWDY r , t .w ' t 1 `�< CA ��,All t s - t J r ,r Short Term Rentals ntals ` 1 O STR Permits(170) l ' 1.. Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #12 David and Deborah Dowdy Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Coston: Thank you. The next item is Item 12,David and Deborah Dowdy,property owners, please state your name for the record. Ms.Norris: Hi,my name is Sarah Norris. I'm the representative for this application. The request is to operate it as a short-term rental and we accept the conditions. Mr. Coston: Thank you. Is there any objection to this item being placed on the consent agenda? Hearing none,we've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: This is an application by Deborah Dowdy and David Dowdy, property owners David Wayne and Deborah M. Dowdy at 423 21' Street. The application is requesting the operation of a four bedroom short-term rental. With the duplex structure, it's required to have four off street parking spaces. The site has two assigned parking spaces and the applicant has provided an intent to lease offsite parking agreement to lease two offsite parking spaces within the municipal parking garage on 25�h Street. Since the property is within the boundary of the residential parking permit program,parking passes issued for the dwelling will be limited to resident passes. All other requirements of Section 241.2 and 2303 of the Zoning Ordinance have been met. The site has no prior rental or violation, and based on this,the staff has recommended approval. There is no one here to speak in opposition and the Planning Commission believed it was appropriate for the consent agenda. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3, 4, 9, 12 and 13, and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr.Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August 71h, 2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person,but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 423 2111 Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A third (3rd) and fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. OR(STR-OR) ,M� 2gTN st Zz W. pG m OR(STR-OR A36(OB) ,` , z, ® Site N Ci Zoning Richard F. Davis & Richard A. Davis w+E 0 Property Polygons 304 28th Street, Unit 206 S Feet 0 15 30 60 90 120 Map created by Planning Department on 8/29/2025 ro � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD F. DAVIS AND RICHARD A. DAVIS [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 206 (GPIN 24280028662006). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 16, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a two-bedroom unit in the Playa Rana Condominiums located at 304 28t" Street, Unit 206. Although a zoning complaint was received for the site, staff was unable to find an active advertisement for the unit or otherwise substantiate the complaint. The site is not currently advertised, and the last known documented stay took place on August 28, 2016. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of 12 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with each unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonable met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A letter of opposition was received about the request noting concerns with the lack of affordable, for-sale properties at the Oceanfront as well as parking issues. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Richard F. Davis and Richard A. Davis Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 206, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Richard F. Davis and Richard A. Davis Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10.00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11-00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code Richard F. Davis and Richard A. Davis Page 4 of 4 in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department d r City Manager: Agenda I Applicant & Property Owner: Richard F. Davis & Richard A. Davis Planning Commission Public Hearing: August 13, 2025 CouncilCity • (Remick) V_B' Project Details Request Conditional Use Permit (Short Term Rental) i Staff Recommendation Approval ' , Staff Planner Alexis Bailey i i Location 304 28th Street, Unit 206 GP/N i 24280028662006 Site Size 53,138 square feet A/CUZ 65-70 dB DNL; Sub-Area 1 ' tk}, ''°' F•- irr Watershed h ;� . Chesapeake Bay , ' . Existing Land Use and Zoning District , s � Condominium Complex/OR Oceanfront Resort ' y Surrounding Land Uses and Zoning Districts ; 6° ?A W North 28th Street Hotel /OR Oceanfront Resort South .. z5 27th%Street . Single-family dwellings, Multi-family dwellings/A- 2� ; 12 Apartment, A-36 Apartment East Restaurant/OR Oceanfront Resort West Artic Avenue Grocery Store and Single-family dwelling/OR Oceanfront Resort, R-5S Residential Richard F. Davis and Richard A. Davis Agenda Item 14 page 1 of 13 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 304 28th Street, Unit 206. The 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 2008. • Staff inspected the site on June 18, 2025 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • On January 7, 2022, a Zoning Complaint was received for the operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit; however, that complaint was unsubstantiated as staff did not find any active listings or other evidence of short term rental use. • This property was registered and paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would be considered a grandfathered Short Term Rental, however; since the property was not used as a Short Term Rental, for a period of two (2) years or more it's grandfathered designation is no longer valid and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of June 12, 2025, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 28, 2016 Yes Richard F. Davis and Richard A. Davis Agenda Item 14 page 2 of 13 Short Term Rentals in the Vicinity r � F Short Term Rentals ,4 ® STR Permits(73) Summary ofProposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Richard F. Davis and Richard A. Davis Agenda Item 14 page 3 of 13 Zoning • # Request CUP (Short Term Rental)Approved 10/15/2024 -` CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 CUP (Short Term Rental) Approved 06/01/2021 1 CUP (Short Term Rental) Approved 06/01/2021 t� CUP (Short Term Rental) Approved 04/06/2021 ' CUP (Short Term Rental) Approved 04/06/2021 �, , CUP (Short Term Rental) Approved 10/20/2020 '4 CUP (Short Term Rental) Approved 07/25/2020 Al2 CUP Rental A ` Short Term r �t 1 ( ) Approved 07/25/2020 A36 CUP (Housing for the Elderly) Approved �: c� j. A,z -- 04/23/1996 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Richard F. Davis and Richard A. Davis Agenda Item 14 page 4 of 13 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of twelve approved Conditional Use Permits.. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 2811 Street, Unit 206, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Richard F. Davis and Richard A. Davis Agenda Item 14 page 5 of 13 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Richard F. Davis and Richard A. Davis Agenda Item 14 page 6 of 13 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Richard F. Davis and Richard A. Davis Agenda Item 14 page 7 of 13 Public Outreach Information Planning Commission • A letter of opposition was received siting concerns with the number of short term rentals in the area and impacts to housing. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 14, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 30, 2025 and August 6, 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 July 28, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 7, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 2, 2025 and September 9, 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 29, 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 September 12, 2025. Richard F. Davis and Richard A. Davis Agenda Item 14 page 8 of 13 Site Layout & Parking Plan i . !! f s .t I � r p aye a. ,. a '0 Is Wit, �- - - f •• r � • I "� .*,. > c Y•: � `:?.� ���. �.;a?,�'. 5 'a:.i f'- b h- � �...-..`�?�zr F `� A« -�i _ .:y fly _. r.. eA e g_ ~ t 1C �- 7 Fr .h Richard F. Davis and Richard A. Davis Agenda Item 14 page 10 of 13 Disclosure Disclosure 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. _�. PPLICANT iNFORMATION Applicant Name: as fisted on application Is Applicant also the Owner of the subject property? Yes® No O If no,Property Owner most complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes O No If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes O No v if yes,list the names of all officers, directors,members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesO No if yes,name proposed or pending purchaser. KNO'AIN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE- Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No If yes,name the official or employee, and describe the nature of their interest. I PRL3CANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andlor individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER tName entity and/or individual 9� Financing(mortgage,deeds of trust, ; O W 1 � Mir 5ervfLt} cross-eol(ateralization,etc.) 4 tI ��� gil Real Estate Broker/Agent/Realtor ! page l of 3 losure 4Statement I rev. May-2024 Richard F. Davis and Richard A. Davis Agenda Item 14 page 11 of 13 Disclosure SERVICE YES NO SERVICE PROVIDER Name entityand/or individual Accountin Tax Return Preparation O ® _ Architect/Designer/Landscape Architect/Land Planner O L struction Contractor O ineer/Surveyor/Agent 0 —al Services 0 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. lvz/Z Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the 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): 8/28/2025 Alexis Bai��;� Date Staff Name(Print) Staff Signature page 2 of Disclosure Statement I rev. M a y-2024 Richard F. Davis and Richard A. Davis Agenda Item 14 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Richard F. Davis and Richard A. Davis Agenda Item 14 page 13 of 13 STR VICINITY MAP RICHARD F. DAVIS AND RICHARD A. DAVIS 1 f t } ti i - / l , A � Short Term Rentals 0 STR Permits (73) Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #14 Richard F. Davis and Richard A. Davis Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next and final item is item 14 for Richard F. Davis and Richard A. Davis. Ms. Cuellar: Hello, if you could please state your name for the record. Mr. Davis: My name is Richard A. Davis. I'm one of the owners of the property. Ms. Cuellar: Thank you for being here today, Mr. Davis. Mr. Davis: Of course. Ms. Cuellar: If you could just raise your voice just a little bit. Thank you. Mr.Davis: I agreed to the terms and conditions. Ms. Cuellar: Okay. Would you like to just tell us a little bit about your application? Mr. Davis: We're doing,we're going to operate a short-term rental just in the summer times, and that's all I have. Ms. Cuellar: Okay. If you just pause for a moment, there might be a question from one of the Commissioners. Thank you. Commissioner Plumlee. Mr.Plumlee: Thank you Mr.Davis for being here and agreeing to the conditions. I went by this, I think Monday,might have been Sunday. I didn't see a sign for this hearing. Was there a sign in place? I could certainly missed it. I drove around looking for it. Mr.Davis: There were three signs. One in the northwest and south side of the building. Mr. Plumlee: Had they been removed? Mr. Davis: No,they're still there. Mr. Plumlee: Okay. There's are a number of short-term rentals in the same structure, right? Mr. Davis: I believe there's at least two or three others. Mr. Plumlee: There's been no one that's brought any objection to you with regards to this? Mr. Davis: No, sir. Mr. Plumlee: No one to me. Thank you. Ms.Cuellar: Thank you very much. We'll pause any additional questions. Thank you very much. Madam Clerk, do we have any speakers? Clerk: We do not have any speakers. Ms. Cuellar: Okay. Thank you very much. At this time, I'll open the floor to entertain a motion and discussion. Commissioner Plumlee? Mr. Plumlee: Based on the representation that the applicant made to this Planning Commission, I move to approve STR. Ms. Cuellar: Is there a second? We have a motion to approve. Seconded by Commissioner Hippen. Any further discussion? Clerk: The vote is open. By recorded vote 10 to 0, Item #14, Richard F. Davis and Richard A. Davis has been recommended for approval. Ms. Cuellar: Okay. Thank you very much. That was our last item on the agenda. Before we close today, I would just like to take this opportunity to wish Kevin Kemp, our Zoning Administrator, all the best in his next new chapter in the City of Chesapeake. We'll miss you, but we wish you good fortune, and they're very lucky to have you. And I will call this meeting adjourned. Thank you very much. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 206, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. From: CAROLYN STREK To: Alexis Bailey Subject: Short Term Rental Request 304 28th St Unit 206-Objection Date: Tuesday,August 5,2025 9:21:18 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I received notification of the short term rental request for 304 28th St. Unit 206. 1 am unable to attend the public hearing for this request and would like to submit my objection to this request. I believe this property is zoned as a condominium. Not an apartment. We have sufficient weekly rentals in Old Beach. We have reached the point that there are no longer affordable properties to purchase, nor are there affordable places for yearly rentals other than in massive apartment complexes. We now have a surplus of apartments in the area. When the city discusses affordable housing, the solution appears to be "add more apartments" and require each builder to add a low income option. I am addressing the lack of affordable housing for families that make enough money to purchase a home yet cannot afford to purchase anything at the oceanfront because the "community" has been turned over to investors to create an entirely different landscape than what was originally planned. Short term rentals have facilitated that conversion. Illegal parking with short term rentals is a regular occurrence, and our parking enforcement focuses on the metered parking and swings by when they can. There is no number to call to get parking enforcement to come when we are unable to park because of short term renters parking without a permit. Callin 311 is hit or miss. Response by the police is dependent upon what other crises they are handling. I was blown away to read that there will be a discussion to reduce the requirement for the number of parking spaces required for each short term rental. Without the necessary infrastructure to enforce short term rental complaints such as parking, noise complaints, overoccupancy, disrepair, trash, etc. we need to pause on accepting any additional rentals. I see more regular homeless people on my walks during the off season than I see locals. Most of our favorite restaurants can no longer stay open even 5 days a week because they can't get enough staff to work because there is no place to live. Virginia Beach was smart to develop the boardwalk with hotels in order to ensure there would be sufficient places that people could stay and support the local restaurants. However, the hotels are starting to get run down.The hotel occupancy has to be suffering, which prohibits them being able to afford renovating. I agree that there should be some rental options for families other than staying in a hotel. However, there should be a fixed number that are zoned for that purpose with some science behind how that number was reached in order to balance the needs of the oceanfront all year. The newspaper reported that there were 2,700 short term rentals registered with the Commissioner of Revenue. What is the distribution of those rentals by neighborhood and what is the saturation percentage that is acceptable by neighborhood? Until those statistics are discussed and built into our city planning, I can't support any new short term rentals. Sincerely, Carolyn Strek 312 27th Street 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 2404 OF THE CITY ZONING ORDINANCE PERTAINING TO THE WESTERN CAMPUS OVERLAY DISTRICT. MEETING DATE: September 16, 2025 ■ Background: The purpose of this Ordinance is to amend the minimum required ground floor height for residential developments within the Western Campus Overlay District. Currently, a minimum ground floor height of 14 feet is required for all buildings within the Overlay District. This amendment will modify the building form standards in Section 2404(b) to differentiate the minimum ground floor height required for residential versus nonresidential or mixed-use building types. The former would allow for a minimum ground floor height of 10 feet, while the latter would remain at a minimum height of 14 feet. This request will also clarify certain standards pertaining to mixed-use buildings. ■ Considerations: This amendment will provide greater design flexibility for standalone multifamily residential developments within the Overlay District. Staff finds this amendment to be in keeping with the context of the Pembroke SGA and Western Campus District, while better aligning the development standards with common design practices for multifamily developments that are not part of a larger mixed-used development. Staff is unaware of any opposition to the proposed ordinance amendment. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report and Disclosure Statements Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. City of Virginia Beach Page 2 of 2 Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND SECTION 2404 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO WESTERN CAMPUS 4 OVERLAY DISTRICT 5 6 Section Amended: § 2404 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 2404 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 24. - PEMBROKE SGA OVERLAY DISTRICTS—WESTERN CAMPUS 18 OVERLAY DISTRICT 19 20 Sec. 2404. Development standards. 21 22 . . . . 23 24 (b) Building form standards (values expressed in feet unless otherwise indicated): 25 WC Height min. 24' Height max. 1. 2 55' Ground floor height, nonresidential (min.)2 14' 3 Ground floor hei ht residential min. 3 10, Build-to zone3 4 70% Transparency min. 4, 5 60% ground floor; 30% upper floors Blank wall max. 5,6 30' Permitted uses in mixed-use buildings' A, B, C, D, E, F8 , G, H round floor Permitted uses in mixed-use buildings8 A, B, C, D, E, F, G, H (upper floors 26 27 Key to permitted uses within a mixed-use building: 28 29 A: Retail and service. 30 B: Office. 31 C: Hotel lobby/conference space/accessory uses. 32 D: Restaurants. 33 E: Recreational, assembly or institutional. 34 F: Residential. 35 G: Hotel. 36 H: Commercial parking structures. 37 38 Notes: 39 40 . . . . 41 42 8. Residential dwelling units may not occupy more than fifty (50) percent of the total 43 floor area of the ground floor of the building iR whiGh it is IeGated. within a mixed-use 44 building. 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: —ZZ.-I.,I &azv_/_ ( 1�*&2&' PM�' tanning Department City Attorney's O ice 0 CA16928 R-1 July 15, 2025 Agenda Item 1 A•• of _ Beach Planning Commission • 1 V_B_ Development Standards in Western Campus Overlay An Ordinance to amend Appendix A, Article 24, Section 2404 of the City Zoning Ordinance pertaining to the development standards within the Western Campus Overlay District. Summary of • The purpose of this Ordinance is to amend the minimum required ground floor height for residential developments within the Western Campus Overlay District. Currently, a minimum ground floor height of 14 feet is required for all buildings within the Overlay District.This amendment will modify the building form standards in Section 2404(b) to differentiate the minimum ground floor height required for residential versus nonresidential building types. The former would allow for a minimum ground floor height of 10 feet, while the latter would remain at a minimum height of 14 feet.This request will also clarify certain standards pertaining to mixed-use buildings. The Western Campus Overlay District was intended to enhance the economic vitality and walkable character of the Western Campus District of the Pembroke Strategic Growth Area (SGA). The standards of the overlay encourage redevelopment at a pedestrian scale that is a relatively compact, low-to-mid-rise transitional area from the large footprint, zero lot line development pattern of the Central Business Core District.The district supports a wide range of multi-family residential, commercial, civic, institutional, and office uses that complement the economic development activity of the Pembroke SGA This amendment will provide greater design flexibility for standalone multifamily residential developments within the Overlay District. Staff finds this amendment to be in keeping with the context of the Pembroke SGA and Western Campus District, while better aligning the development standards with common design practices for multifamily developments that are not part of a larger mixed-used development. Recommendation Staff recommends approval of this Ordinance as it provides greater design flexibility within the Western Campus Overlay while ensuring that development remains consistent with the vision and goal of Pembroke Strategic Growth Area. City of Virginia Beach Agenda Item 1 page 1 of 3 Resolution 1 2 AN ORDINANCE TO AMEND SECTION 2404 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO WESTERN CAMPUS 5 OVERLAY DISTRICT 6 7 Section Amended: § 2404 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 2404 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 24. - PEMBROKE SGA OVERLAY DISTRICTS—WESTERN CAMPUS 19 OVERLAY DISTRICT 20 21 Sec. 2404. Development standards. 22 23 . . . . 24 25 (b) Building form standards (values expressed in feet unless otherwise indicated): 26 WC Height min. 24' Height (max.)',2 55' Ground floor height, nonresidential 14' min. 2,3 Ground floor hei ht residential (min.)3 10, Build-to zone3,4 70% Transparency min. 4,5 60% ground floor; 30% upper floors Blank wall max. 5,6 30' Permitted uses in mixed-use buildings' A, B, C, D, E, F8, G, H round floor Permitted uses in mixed-use buildings$ A, B, C, D, E, F, G, H (upper floors 27 28 Key to permitted uses within a mixed-use building: 29 30 A: Retail and service. 31 B: Office. City of Virginia Beach Agenda Item 1 page 2 of 3 32 C: Hotel lobby/conference space/accessory uses. 33 D: Restaurants. 34 E: Recreational, assembly or institutional. 35 F: Residential. 36 G: Hotel. 37 H: Commercial parking structures. 38 39 Notes: 40 41 . . . . 42 43 8. Residential dwelling units may not occupy more than fifty (50) percent of the total 44 floor area of the ground floor ef the buildiRg OR whiGh it 06 IGGated within a mixed-use 45 building. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16928 R-1 July 15, 2025 City of Virginia Beach Agenda Item 1 page 3 of 3 Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #01 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. The next item on the consent agenda consideration is agenda item number 1, an Ordinance to amend Section 2404 of the City Zoning. Thank you, ma'am. Ms.Eichholz: Hello, for the record,my name is Madison Eichholz. I'm a planner for the City of Virginia Beach Planning Department. Item 1 is a request for an ordinance to amend Appendix A, Article 24, Section 2404 of the City Zoning Ordinance pertaining to the development standards within the Western Campus Overlay District. The purpose of this ordinance is to amend the minimum required ground floor height for residential developments within the Western Campus Overlay District. Currently,a minimum ground floor height of 14 feet is required for all buildings within the district. This amendment will modify the building form standards in Section 2404 (b) to differentiate the minimum ground floor height required for residential versus non-residential building types. The former would allow for a minimum ground floor height of 10 feet while the latter would remain at a minimum height of 14 feet. Mr. Coston: Thank you. Is there any objection to this item being placed on the consent agenda? Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3, 4, 9, 12 and 13, and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr. Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August 7ffi, 2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person,but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X ,,rrNU�C { L� . 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 1.3, 4.3, 4.10, 6.1, 6.3 AND 6.7 OF THE FLOODPLAIN ORDINANCE PERTAINING TO FUNCTIONALLY DEPENDENT USES, RESIDENTIAL CONSTRUCTION REQUIREMENTS AND GRANDFATHERING MEETING DATE: September 16, 2025 ■ Background: The primary purpose of this amendment is to amend Article IV, Section 6.1 of the City's Floodplain Ordinance (Appendix K) to allow the Floodplain Administrator to review and grant an administrative variance for new construction or substantial improvements of functionally dependent uses. Additionally, Staff is proposing minor revisions to Article VI, Variances and Appeals to clarify the process and appeal procedure for administrative and City Council variances. Minor housekeeping changes are also proposed to correct a typo in Article IV, Section 4.3, and to amend Article IV, Section 4.10 to provide relief to proposed developments that had submitted plans for development review prior to March 16, 2022, when the Floodplain Ordinance was previously amended to remove exemptions for fill for all public road projects and only allow exemptions for Public Works or Virginia Department of Transportation roadways in the Floodplain Subject to Special Restrictions. ■ Considerations: Staff recommends approval of this Ordinance amendment as allows the City to streamline the variance process for functionally dependent uses and to address minor housekeeping items. Staff is unaware of any opposition to the proposed ordinance amendment. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report and Disclosure Statements Ordinance City of Virginia Beach Page 2 of 2 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City ManagerA 1 AN ORDINANCE TO AMEND SECTION 1.3, 4.3, 2 4.10, 6.1, 6.3 AND 6.7 OF THE FLOODPLAIN 3 ORDINANCE PERTAINING TO FUNCTIONALLY 4 DEPENDENT USES, RESIDENTIAL 5 CONSTRUCTION REQUIREMENTS AND 6 GRANDFATHERING 7 8 Sections Amended: §§ 1.3, 4.3, 4.10, 6.1, 6.3, and 9 6.7 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 1.3, 4.3, 4.10, 6.1, 6.3 AND 6.7 of the Floodplain Ordinance are 18 hereby amended and reordained to read as follows: 19 20 APPENDIX K — FLOODPLAIN ORDINANCE 21 22 ARTICLE I. — GENERAL PROVISIONS 23 24 . . . . 25 26 Sec. 1.3. — Definitions. 27 28 . . . . 29 30 Freeboard. A factor of safety usually expressed in feet above the base flood elevation 31 for purposes of floodplain management. "Freeboard" tends to compensate for the many 32 unknown factors that could contribute to flood heights greater than the height calculated 33 for a selected size flood and floodway conditions, such as wave action, bridge openings, 34 and the hydrological effect of urbanization in the watershed. When a freeboard is 35 included in the height of a structure, the flood insurance premiums may be less 36 expensive. 37 38 Functionally dependent use. A use which cannot perform its intended purpose unless it 39 is located or carried out in close proximity to water. The term includes only docking 40 facilities port facilities that are necessary for loading and unloading of cargo or 41 passengers, and ship building and ship repair facilities but does not include long-term 42 storage or related manufacturing facilities. 43 44 . . . . 45 46 ARTICLE IV. FLOODPLAIN DISTRICT PROVISIONS 47 48 . . . . 49 50 Sec. 4.3. Elevation and construction requirements. 51 52 In all floodplain districts, with the exception of Coastal A and Coastal High 53 Hazard (VE) zones, the following provisions shall apply: 54 55 A. Residential construction requirements. The lowest fleed floor, including 56 basement, shall be set to the higher of the following: 57 58 . . . . 59 60 Sec. 4.10. Floodplain subject to special restrictions. 61 62 A. All SFHAs that ultimately drain to Back Bay or the Currituck Sound shall be identified 63 as a floodplain subject to special restrictions. 64 65 B. The following provisions shall apply within the floodplain subject to special 66 restrictions: 67 68 1. Notwithstanding any provision of this ordinance to the contrary, no filling shall 69 be permitted, including filling with material excavated from the same floodplain 70 except for: 71 72 a. The purpose of public roadway or other similar public works 73 construction undertaken by the Department of Public Works or Virginia 74 Department of Transportation, or their agent for construction. This 75 construction includes flood protection and flood mitigation projects. If a 76 project received discretionary approval or was submitted for site plan 77 review prior to February 1, 2022, this can include any public roadway or 78 other similar public works construction; 79 80 . . . . 81 82 ARTICLE VI. —VARIANCES AND APPEALS 83 84 Sec. 6.1. — Administrative variances. 85 86 The floodplain administrator shall approve or deny an application requesting an 87 administrative variance after receipt of a complete application. Administrative variances 88 will only be granted if they are not contrary to the public interest in cases in which the 89 strict application of the provisions of this ordinance would effectively prohibit or 90 unreasonably restrict the use of the subject property. No variance shall be granted for 91 any proposed use, development, or activity within any Floodway District that will cause 92 any increase of the base flood elevation. Administrative variances may only be granted 93 for the following uses, development, or redevelopment: 94 95 A. As defined in section 4.10, floodplains subject to special restrictions, for filling 96 only. 97 98 B. Any structure or use sustaining damage not caused by flood to an extent or 99 amount of fifty (50) percent or more of its market value to allow the structure 100 to be rebuilt to the freeboard height in effect at the start of construction for the 101 original structure. If the structure is a pre-FIRM structure, full compliance with 102 the current VAUSBC freeboard above the base flood elevation is required. 103 Structures that are utilizing an approved land management plan for their on- 104 site waste disposal may be allowed to continue the use of the land 105 management plan as long as it is approved by the city and the health 106 department, even for damage or destruction resulting from flood. 107 108 C. As defined in section 4.8 B, X and X (Shaded) Zone requirements. (Other 109 Areas of Flood Risk), and 4.3 A(ii) when the required finished floor is higher 110 than the BFE plus two feet of freeboard, where the floodplain administrator, in 111 consultation with the Development Services Center, has determined that the 112 proposed stormwater engineering design will approximately mitigate any 113 impacts to the finished floor of the nonresidential development. 114 115 (D) Any new construction or substantial improvement of functionally dependent 116 uses without requiring compliance with elevation or dry floodproofing 117 requirements. Said administrative variance shall be issued only after 118 determining whether the inclusion of wet floodproofing measures satisfies the 119 requirement that variances be the minimum necessary. 120 121 . . . . 122 123 Sec. 6.3. Application process. 124 125 A. Applications for variances under Section 6.2 City council from the requirements of 126 this ordinance shall be made to the city council and filed with the director of 127 planning. The fee for such applications shall be seven hundred eighty dollars 128 ($780.00). Such fee shall include all costs of notifications and advertising. Except in 129 cases in which such fee is waived, the director shall not accept any application not 130 accompanied by payment of the required fee. The procedure for the advertising, 131 hearing and determination of applications for floodplain variances shall be in 132 accordance with the requirements pertaining to applications for subdivision 133 variances, as set forth in section 9.4 of the subdivision ordinance. In cases in which 134 a variance application is filed by reason of a natural disaster that is the subject of a 135 federal declaration of emergency, application and associated advertising fees shall 136 be waived and such application shall be given expedited processing to the 137 maximum practical extent. 138 139 B. All variance applications shall be accompanied by the following: 140 1. A separate map, on a 1" = 100' or greater scale, identifying all proposed land 141 disturbance, including fill and mitigation areas, and the limits of the existing and 142 proposed SFHAs, tidal and non-tidal wetlands, Southern Rivers Watershed 143 Management Area Buffer, and CBPA Resource Protection Area Buffer; and 144 145 . . . . 146 147 Sec. 6.7. Appeals to variance decisions. 148 149 A. Appeals of decisions by the city council under Section 6.2 of this ordinance shall be 150 subject to review by the Circuit Court of the City of Virginia Beach, if filed within thirty 151 (30) days from the date of city council action. 152 153 B. Appeals to decisions made by the floodplain administrator under 6.1 of this 154 ordinance may be filed as a City council variance under Section 6.2 of this 155 ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'Ittanning Department Ci y Attorney's Office CA16927 R-3 July 30, 2025 Agenda A•• of Beach Planning • • ' • 2025 Floodplain Ordinance Amendment An Ordinance to amend the City's Floodplain Ordinance (Appendix K) pertaining to functionally dependent uses, residential construction requirements, and grandfathering. Summary of • The primary purpose of this amendment is to amend Article IV, Section 6.1 of the City's Floodplain Ordinance (Appendix K)to allow the Floodplain Administrator to review and grant an administrative variance for new construction or substantial improvements of functionally dependent uses. Functionally dependent uses are defined by the Federal Emergency Management Agency(FEMA) as "A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities." Adding this variance type to the administrative variances in the City's Floodplain Ordinance will streamline the review and approval process for applicants. The ordinance amendment will use the federal definition of functionally dependent use, which will be added to Article I, Section 1.3, Definitions. Additionally, Staff is proposing minor revisions to Article VI, Variances and Appeals to clarify the process and appeal procedure for administrative and City Council variances. Minor housekeeping changes are also proposed to correct a typo in Article IV, Section 4.3, and to amend Article IV, Section 4.10 to provide relief to proposed developments that had submitted plans for development review prior to March 16, 2022, when the Floodplain Ordinance was previously amended to remove exemptions on fill for all public road projects and only allow exemptions for Public Works or Virginia Department of Transportation roadways in the Floodplain Subject to Special Restrictions. Recommendation Staff recommends approval of this Ordinance amendment as allows the City to streamline the variance process for functionally dependent uses and to address minor housekeeping items. City of Virginia Beach Agenda Item 2 page 1 of 5 Resolution 1 2 AN ORDINANCE TO AMEND SECTION 1.3, 4.3, 3 4.10, 6.1, 6.3 AND 6.7 OF THE FLOODPLAIN 4 ORDINANCE PERTAINING TO FUNCTIONALLY 5 DEPENDENT USES, RESIDENTIAL 6 CONSTRUCTION REQUIREMENTS AND 7 GRANDFATHERING 8 9 Sections Amended: §§ 1.3, 4.3, 4.10, 6.1, 6.3, and 10 6.7 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 1 .3, 4.3, 4.10, 6.1, 6.3 AND 6.7 of the Floodplain Ordinance are 19 hereby amended and reordained to read as follows: 20 21 APPENDIX K — FLOODPLAIN ORDINANCE 22 23 ARTICLE I. — GENERAL PROVISIONS 24 25 . . . . 26 27 Sec. 1.3. — Definitions. 28 29 . . . . 30 31 Freeboard. A factor of safety usually expressed in feet above the base flood elevation 32 for purposes of floodplain management. "Freeboard" tends to compensate for the many 33 unknown factors that could contribute to flood heights greater than the height calculated 34 for a selected size flood and floodway conditions, such as wave action, bridge openings, 35 and the hydrological effect of urbanization in the watershed. When a freeboard is 36 included in the height of a structure, the flood insurance premiums may be less 37 expensive. 38 39 Functionally dependent use. A use which cannot perform its intended purpose unless it 40 is located or carried out in close proximity to water. The term includes only docking 41 facilities, port facilities that are necessary for loading and unloading of cargo or 42 passengers, and ship building and ship repair facilities but does not include long-term 43 storage or related manufacturing facilities. 44 45 . . . . City of Virginia Beach Agenda Item 2 page 2 of 5 46 47 ARTICLE IV. FLOODPLAIN DISTRICT PROVISIONS 48 49 . . . . 50 51 Sec. 4.3. Elevation and construction requirements. 52 53 In all floodplain districts, with the exception of Coastal A and Coastal High 54 Hazard (VE) zones, the following provisions shall apply: 55 56 A. Residential construction requirements. The lowest fleed floor, including 57 basement, shall be set to the higher of the following: 58 59 . . . . 60 61 Sec. 4.10. Floodplain subject to special restrictions. 62 63 A. All SFHAs that ultimately drain to Back Bay or the Currituck Sound shall be identified 64 as a floodplain subject to special restrictions. 65 66 B. The following provisions shall apply within the floodplain subject to special 67 restrictions: 68 69 1. Notwithstanding any provision of this ordinance to the contrary, no filling shall 70 be permitted, including filling with material excavated from the same floodplain 71 except for: 72 73 a. The purpose of public roadway or other similar public works 74 construction undertaken by the Department of Public Works or Virginia 75 Department of Transportation, or their agent for construction. This 76 construction includes flood protection and flood mitigation projects. If a 77 project received discretionary approval or was submitted for site plan 78 review prior to February 1, 2022, this can include any public roadway or 79 other similar public works construction; 80 81 . . . . 82 83 ARTICLE VI. —VARIANCES AND APPEALS 84 85 Sec. 6.1. —Administrative variances. 86 87 The floodplain administrator shall approve or deny an application requesting an 88 administrative variance after receipt of a complete application. Administrative variances 89 will only be granted if they are not contrary to the public interest in cases in which the 90 strict application of the provisions of this ordinance would effectively prohibit or 91 unreasonably restrict the use of the subject property. No variance shall be granted for 92 any proposed use, development, or activity within any Floodway District that will cause 93 any increase of the base flood elevation. Administrative variances may only be granted City of Virginia Beach Agenda Item 2 page 3 of 5 94 for the following uses, development, or redevelopment: 95 96 A. As defined in section 4.10, floodplains subject to special restrictions, for filling 97 only. 98 99 B. Any structure or use sustaining damage not caused by flood to an extent or 100 amount of fifty (50) percent or more of its market value to allow the structure 101 to be rebuilt to the freeboard height in effect at the start of construction for the 102 original structure. If the structure is a pre-FIRM structure, full compliance with 103 the current VAUSBC freeboard above the base flood elevation is required. 104 Structures that are utilizing an approved land management plan for their on- 105 site waste disposal may be allowed to continue the use of the land 106 management plan as long as it is approved by the city and the health 107 department, even for damage or destruction resulting from flood. 108 109 C. As defined in section 4.8 B, X and X (Shaded) Zone requirements. (Other 110 Areas of Flood Risk), and 4.3 A(ii) when the required finished floor is higher 111 than the BFE plus two feet of freeboard, where the floodplain administrator, in 112 consultation with the Development Services Center, has determined that the 113 proposed stormwater engineering design will approximately mitigate any 114 impacts to the finished floor of the nonresidential development. 115 116 (D) Any new construction or substantial improvement of functionally dependent 117 uses without requiring compliance with elevation or dry floodproofinq 118 requirements. Said administrative variance shall be issued only after 119 determining whether the inclusion of wet floodproofinq measures satisfies the 120 requirement that variances be the minimum necessary. 121 122 . . . . 123 124 Sec. 6.3. Application process. 125 126 A. Applications for variances under Section 6.2 City council from the requirements of 127 this ordinance shall be made to the city council and filed with the director of 128 planning. The fee for such applications shall be seven hundred eighty dollars 129 ($780.00). Such fee shall include all costs of notifications and advertising. Except in 130 cases in which such fee is waived, the director shall not accept any application not 131 accompanied by payment of the required fee. The procedure for the advertising, 132 hearing and determination of applications for floodplain variances shall be in 133 accordance with the requirements pertaining to applications for subdivision 134 variances, as set forth in section 9.4 of the subdivision ordinance. In cases in which 135 a variance application is filed by reason of a natural disaster that is the subject of a 136 federal declaration of emergency, application and associated advertising fees shall 137 be waived and such application shall be given expedited processing to the 138 maximum practical extent. 139 City of Virginia Beach Agenda Item 2 page 4 of 5 140 B. All variance applications shall be accompanied by the following: 141 1. A separate map, on a 1" = 100' or greater scale, identifying all proposed land 142 disturbance, including fill and mitigation areas, and the limits of the existing and 143 proposed SFHAs, tidal and non-tidal wetlands, Southern Rivers Watershed 144 Management Area Buffer, and CBPA Resource Protection Area Buffer; and 145 146 . . . . 147 148 Sec. 6.7. Appeals to variance decisions. 149 150 A. Appeals of decisions by the city council under Section 6.2 of this ordinance shall be 151 subject to review by the Circuit Court of the City of Virginia Beach, if filed within thirty 152 (30) days from the date of city council action. 153 154 B. Appeals to decisions made by the floodplain administrator under 6.1 of this 155 ordinance may be filed as a City council variance under Section 6.2 of this 156 ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16927 R-3 July 30, 2025 City of Virginia Beach Agenda Item 2 page 5 of 5 Virginia Beach Planning Commission August 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #02 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: The next item is city ordinance or City of Virginia Beach, and we've asked, Ms. Madison Eichholz she would read this into the record. Ms. Eichholz: For the record, my name is Madison Eichholz. I'm a planner for the City of Virginia Beach Planning Department. Item 2 is an ordinance to amend the City's Flood Plain Ordinance. Appendix K pertaining to functional dependent uses, residential construction requirements, and grandfathering. More specifically, this amendment would allow the City's Flood Plain Administrator to review and grant and administrative variance for new construction or substantial improvements to functionally dependent uses as defined by the Federal Emergency Management Act, which are those uses which cannot perform their intended purposes unless located or carried out in close proximity to the water. Other changes proposed with this ordinance include clarifications to the appeal process for administrative and City Council variances and a provision for relief for proposed developments that had submitted plans for development review prior to March 16th, 2022 when the Floodplain Ordinance was previously amended to remove exemptions on fill for all public roads and only allow for exemptions for Public Works or Virginia Department of Transportation roadways in the floodplain subject to special restrictions. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, Madam Chair. That was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda items 1, 2, 3, 4, 9, 12 and 13, and the minutes and the annual report. Ms. Cuellar: Thank you very much. Do I have a motion to approve by consent as read by the vice chair? Mr.Plumlee: Move to approve. Ms. Cuellar: And is there a second? Ms. Byler: Second. Ms. Cuellar: Are there any Planning Commissioners abstaining? Mr. Plumlee: I must abstain from voting on the August 7th,2025 site visit minutes. Ms. Cuellar: Thank you, Commissioner Plumlee. So we have a motion for approval by Commissioner Plumlee for the consent agenda, seconded by Commissioner Byler with one abstention by Commissioner Plumlee for the minutes of the 7th of August. Clerk: The vote is open. By a recorded vote of 10 to 0 with the aforementioned abstention, all aforementioned minutes, the annual report and items 1, 2, 3, 4, 9, 12, and 13 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation and you may remain in the meeting either virtually or in-person,but of course you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND THE 2016 COMPREHENSIVE PLAN, SPECIFICALLY THE MASTER TRANSPORTATION PLAN, TO REMOVE A PORTION OF THE SOUTHEASTERN PARKWAY AND GREENBELT MEETING DATE: September 16, 2025 ■ Background: The Southeastern Parkway and Greenbelt (SEPG) was first envisioned in 1983 as a limited-access, multi-lane roadway from 1-64/1-464 in Chesapeake to 1-264 between Virginia Beach Boulevard and Laskin Road in Virginia Beach. The SEPG was first mentioned in the 1991 Comprehensive Plan and has been included in all subsequent Comprehensive Plan amendments since that time. Initially intended to provide congestion relief for adjacent arterial roadways, the SEPG was determined to be a non-viable project in recent years due to various environmental impacts, excessive costs, and limited traffic benefits. However, based on traffic modeling performed by city staff, segments of the SEPG from Indian River Road to Holland Road were deemed beneficial for other transportation purposes, including a potential two-lane roadway, active transportation facilities, utility corridors, and on-road bike facilities. ■ Considerations: There have been significant changes to the development patterns within this area since the SEPG was first envisioned, which may make alternate alignments or modifications to the existing alignment more appropriate, including the portion that bisects the Innovation Park. Staff from Public Works and Economic Development have requested time to study alternative routes that account for more recent infrastructure improvements within the area, while also maximizing the usable space within Innovation Park. As such, staff is requesting that a portion of the SEPG between Princess Anne Road and Hudome Way be removed from the current Master Transportation Plan. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 10, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 3. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda A•• of Beach Planning Commission Public Hearing: September 10, 2025 Master Transportation An Ordinance to amend the 2016 Comprehensive Plan, specifically the Master Transportation Plan to remove a portion of the Southeastern Parkway and Greenbelt. Summary of • The Southeastern Parkway and Greenbelt (SEPG) was first envisioned in 1983 as a limited-access, multi-lane roadway from 1-64/1-464 in Chesapeake to 1-264 between Virginia Beach Boulevard and Laskin Road in Virginia Beach. The SEPG was first mentioned in the 1991 Comprehensive Plan and has been included in all subsequent Comprehensive Plan amendments since that time. Initially intended to provide congestion relief for adjacent arterial roadways, the SEPG was determined to be a non-viable project in recent years due to various environmental impacts, excessive costs, and limited traffic benefits. However, based on traffic modeling performed by city staff, segments of the SEPG from Indian River Road to Holland Road were deemed beneficial for other transportation purposes, including a potential two- lane roadway, active transportation facilities, utility corridors, and on-road bike facilities. Staff also recognizes that there have been significant changes to the development patterns within this area, which may make alternate alignments or modifications to the existing alignment more appropriate, including the portion that bisects the Innovation Park. Staff from Public Works and Economic Development have requested time to study alternative routes that account for more recent infrastructure improvements within the area, while also maximizing the usable space within Innovation Park. As such, staff is requesting that a portion of the SEPG between Princess Anne Road and Hudome Way, as shown on the following exhibit, be removed from the current Master Transportation Plan. City of Virginia Beach Agenda Item 21 page 1 of 5 Exhibit Showing Portionof Southeastern • Greenbeltto be Removed * � t 40 • s A .... �Fss qy t Q > AREA • PROPOSED TO BE yo REMOVED • • + � rr Recommendation Consider amending the 2016 Comprehensive Plan, specifically the Master Transportation Plan, to remove a portion of the Southeastern Parkway and Greenbelt. City of Virginia Beach Agenda Item 21 page 2 of 5 Resolution 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN PERTAINING TO 3 THE MASTER TRANSPORTATION PLAN BY 4 REMOVAL OF A PORTION OF THE 5 SOUTHEASTERN PARKWAY AND 6 GREENBELT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the 2016 Comprehensive Plan includes a Master Transportation 12 Plan and Primary Roadways Network Plan Map; 13 14 WHEREAS, amendments to the Plan and Map would eliminate a portion of the 15 Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way, 16 allowing study of alternative routes that account for recent infrastructure improvements 17 within the area, while also maximizing the usable space within Innovation Park; 18 19 WHEREAS, the Planning Commission at its September 10, 2025 public hearing 20 recommended the approval of the attached revision to the 2016 Comprehensive Plan 21 regarding the removal of a portion of the Southeastern Parkway and Greenbelt between 22 Princess Anne Road and Hudome Way. 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the 2016 Comprehensive Plan, is hereby amended and reordained to 28 include the revisions attached hereto amending the Master Transportation Plan and 29 Primary Roadways Network Plan Map. Other than as expressly amended and 30 reordained by this ordinance, all other provisions of the Master Transportation Plan and 31 Primary Roadways Network Plan Map remain the same. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16961 R-1 September 2, 2025 City of Virginia Beach Agenda Item 21 page 3 of 5 Ordinance Primary Roadways Network ON pR / NPiON•BbVD ..1.. !r OV00 O 9l �\ m 1 z fir' �ESL•rYAN.Drt_ mot`'• ....,,` O 10NR `r < EDINBUR6NIDR C ffV R'll LA BEAa LV rl- BONN!•P 60 P R6R&RD i O H�1 \ m J M»a Laea rr1 m 6RRl CP rrr. '.. _t¢ SN �N'PDph1�NEOK D t'at 01 •mil___.. .... / .... a,...a Artr rt VI NIMMO•PToe J A r� lk VIRGIry1A ND Uhl.. 0 B 'AS ape ke B,a�Mlf fir,, ..hC1rF IY.aI AI,IrIf L,M.y nu ..r t.` CNAR1t, NEr'rc f"r eal.r«i FIa W. 1 1 H'Al1A la.awl �� I fi aNri H,v, L+r.• 1 ,7/2812021 1:144,448 0 Prooe+ed warN>rPef 0 1.25 2.5 5 mi 0 Prow 2 0 4 8 km 2 led nlmnl I- J + I I J I Salheaewn Pak—, PAmuy Roedarye —Malb Ma/al w be Yn.f Ard MnW w be Waa —LceM.wwbaw.s Mm MYW w b a lbae MMv Coescbr w b 4 Waf K—Coli vwb 21wae PrFwlry Real Co P—AMa CiO1MIbrWTla(W—,loll Pa—ay w b 4lWf PMaee A-a C—r-ArTmisk n Area Pa kw y w b 2 W-, My o1 Clleaepa s.Cry of VYgiW B"cK VITA.Eul,HERE. �+ C—a,USGS,MDA,EPA USD,k MPS Foam ib -ye i..i V%..Be atlt Cry Boubaq City of Virginia Beach Agenda Item 21 page 4 of 5 Ordinance Portion of Southeastern Parkway and Greenbelt to be Removed f AR1 ry cF ss qti i yF ' Ro AREA PROPOSED TO BE REMOVED m 9� 09/16/2025 City of Virginia Beach Agenda Item 21 page 5 of 5 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN PERTAINING TO 3 THE MASTER TRANSPORTATION PLAN BY 4 REMOVAL OF A PORTION OF THE 5 SOUTHEASTERN PARKWAY AND 6 GREENBELT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the 2016 Comprehensive Plan includes a Master Transportation 12 Plan and Primary Roadways Network Plan Map; 13 14 WHEREAS, amendments to the Plan and Map would eliminate a portion of the 15 Southeastern Parkway and Greenbelt between Princess Anne Road and Hudome Way, 16 allowing study of alternative routes that account for recent infrastructure improvements 17 within the area, while also maximizing the usable space within Innovation Park; 18 19 WHEREAS, the Planning Commission at its September 10, 2025 public hearing 20 recommended the approval of the attached revision to the 2016 Comprehensive Plan 21 regarding the removal of a portion of the Southeastern Parkway and Greenbelt between 22 Princess Anne Road and Hudome Way. 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the 2016 Comprehensive Plan, is hereby amended and reordained to 28 include the revisions attached hereto amending the Master Transportation Plan and 29 Primary Roadways Network Plan Map. Other than as expressly amended and 30 reordained by this ordinance, all other provisions of the Master Transportation Plan and 31 Primary Roadways Network Plan Map remain the same. 32 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: nning Department Ci y Attorney's Office CA16961 R-1 September 2, 2025 Primary Roadways Network Jr ent Ex};Wdrstuup'� I- Jant •Eaf dri iW, C 6a resk '0R K t`�sx v pRE,MAMPj' !Z ,., y't i V1 C� ffSLEyAN DR n n r Q PEDINBURGH`DR , VIRGINIA BEAQN LID p ,V- _ BONNEiOR 64 O�,SRS'RD 1 1 ��ip FRp m 'so ;or �pan o a ERReLL PKWY oum - yl 3o p 'Q`R' W*Cwursa m YNNW'AY�N.PK � O DAMjNEDK' D ppt1 4 w Ga! 1,Card tk<I.Anndt.. „I V I NIMMO*PKdM! * J. .:. K+`Z-i7:;LA513t W3M+M'EKy _,`� q NwM, apeake - - -. _ - —� L.,w.,a 'i Pork L, E8<Kb}ypl_t ?sK1 rxiKt L'IUt. N.-I A—$-, l ard,rv�Fw4! ) ` I, .lapK- 22 Pot«+.wl Gx.k bar � i4'Ai*la Na�rtaf - � pit.� st+tltic n Ryugp 1 � m - F tKWA 7/28/2021 1:144,448 0 Proposed Interchanges 0 1.25 2.5 5mi �1 T7 Proposed Flyovers 0 2 4 8 km Southeastern Parkway Primary Roadways Major Arterial up to 8 lanes Mid Arterial up to 6lanes Mid Arterial up to 6lanes Minor Arterial up to 4 lanes Major Collector up to 4 lanes Minor Collector up to 2 lanes Parkway Rural Collector Princess Anne Commons/Transition Area Parkway up to 4 lanes Princess Anne CommonsrFransition Area Parkway up to 2 lanes City of Chesapeake, City of Virginia Beach,VITA, Esn. HERE, Garmin,USGS,NGA,EPA.USDA,NIPS Interstate Future Roadways Virginia Beach City Boundary Portion of Southeastern Parkway and Greenbelt to be Removed �. ..... � .,,i .40 C s, FS S Rd AREA PROPOSED • TO BE REMOVED � . •` � �.�...... + 09/16/2025 K. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT (COG) REVIEW & ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 16, 2025. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:09/02/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 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 I D I E N I N I. CITY COUNCIL'S BRIEFING 1. HAMPTON ROADS TRANSIT(HRT)SYSTEM William Harrell, OPTIMIZATION PLAN President&CEO— Hampton Roads Transit Ray Amoruso,Chief Planning and Development Officer —Hampton Roads Transit (Requested by Mayor Dyer) 11. CITY MANAGER'S BRIEFING 1. PENDING PLANNING ITEMS Kaitlen Aleock, Planning Administrator III- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y VII. B A-F S T A I N E D MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL AND FORMAL SESSIONS— AUGUST 12,2025 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL AND FORMAL SESSIONS— AUGUST 19,2025 H.1. MAYOR'S PRESENTATION RECOGNITION OF ZERO WASTE AWARENESS WEEK Terry Stevens,Chair and Members of the Virginia Beach Clean Community Commission J.1. Ordinance to AMEND Section 35-64 of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re general prerequisites for Elderly and CONSENT Disabled Tax Relief Program(Requested by Council Members Berlucchi,Hutcheson and Schulman) J.2. Resolution to DESIGNATE August 3 1"each ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y year as International Overdose Awareness Day CONSENT (Requested by Mayor Dyer and Council Members Berlucchi,Cummings and Schulman) J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:09/02/2025 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.3. Resolution to NAME the 3151 Street Park as"The ADOPTED,BY 10-1 Y Y Y Y Y Y Y Y N Y Y William D.Sessoms Jr.Neptune's Park" CONSENT (Requested by Mayor Dyer,Vice-Mayor Wilson and Council Members Berlucchi,Cummings, Jackson-Green,Remick,Ross-Hammond and Schulman) J.4. Ordinance to AUTHORIZE City Staff Support re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the Timbaland Dedication Day Celebration at CONSENT Salem High School(Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Hutcheson and Jackson-Green) J.5. Ordinance to DECLARE City owned property at DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y 333 Laskin Road to be in the EXCESS of the City's OCTOBER 21,2025, needs and AUTHORIZE the City Manager to enter BY CONSENT into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi-family residential,commercial and structured parking facility(City Council Request Deferral to October 21,2025) J.6. Resolution to APPROVE the City's participation ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re proposed settlement of Opioid-Related CONSENT Claims J.7. Resolution to APPROVE the FY-2026 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Performance Contract with the Commonwealth of CONSENT Virginia and ACCEPT and APPROPRIATE S 124,650 from the Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Mental Health,Developmental and Substance Use Disorders J.8. Resolution to SUPPORT the City's Application ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for the Virginia Department of Transportation CONSENT (VDOT)Transportation Alternatives Set-Aside Program for FY 2027-28 J.9. Resolution to SUPPORT Revenue Sharing ADOPTED,BY 1 l-0 Y Y Y Y Y Y Y Y Y Y Y Project#100123,"Cleveland Street Improvements CONSENT IV"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) J.10. Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project#100564,"Holland Road Phase I"and to CONSENT AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 1.11. Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project 4100482,"Independence CONSENT Boulevard/Edwin Drive Intersection"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:09/02/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E Iv1 R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.12. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y 1' Y Y Y Y encroachment into a 5'City-owned property CONSENT known as Lake Wesley and a drainage and utilities maintenance easement at the rear of 509 Kerry Lane re construct and maintain a timber floating pier,aluminum gangway,timber pier, four(4)timber piles,vinyl bulkhead channel ward of existing bulkhead with return walls, concrete patio and timber piles DISTRICT 5 J.13. Ordinance to AUTHORIZE temporary ADOPTED,BY 1 l-0 Y Y Y Y Y l" 1' encroachments into a City-owned right-of-way CONSENT known as Virginia Dare Drive at the front of 525 Virginia Dare Drive re construct and maintain a 48"metal fence with six(6)masonry columns and gate DISTRICT 5 J.14. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y N Y Y Y Y Y' encroachments into a City-owned rights-of-way CONSENT known as Ocean Front Avenue and 63'Street adjacent to 6300 Ocean Front Avenue re maintain existing trees,landscaping,retaining walls,concrete and stairs and install and maintain landscaping DISTRICT 6 I.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $7-Million from the Virginia Resources Authority CONSENT Virginia Community Flood Preparedness Fund to the FY 2025-26 Public Works Operating Budget for Capital Project#100516,"Bow Creek Stormwater Park"re design and construction of drain improvements in the Bow Creek Stormwater Park 1.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY I 1-0 Y Y Y Y Y Y $1,911,119 from the Virginia Department of CONSENT Behavioral Health and Development Services (DBHDS),Virginia Department of Social Services(VBSS)and the Virginia Crisis Intervention Team Center(VACITC)to the FY 2025-26 Human Services Operating Budget re Workforce Development and Clinical programs I.17. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-U Y Y Y Y Y Y Y Y Y Y Y $426,668 from the Virginia Department of CONSENT Emergency Management to the FY 2025-26 Department of Information Technology Operating Budget re replacement of outdated infrastructure and radios to support the region's radio system ORION J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:09/02/2025 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 0 L L C N Y L S E 1 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.l 8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $60,000 from the fund balance of the Police CONSENT Federal&State Seized Assets Special Revenue Fund to the FY 2025-26 Police Department Operating Budget re repurpose the unused lockup space at the 3'Precinct into a dedicated office area for the Crime Suppression Squad J.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $43,408.47 from the Tidewater Emergency CONSENT Medical Services Council,Inc.to the FY 2025-26 Department of Emergency Medical Services Operating Budget re medication kit transition support adjustments J.20. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $35,000 from the Virginia Department of CONSENT Criminal Justice Services via the Southern Virginia Internet Crimes Against Children(ICAO) Task Force and the Bedford County Sheriffs Office to the FY 2025-26 Police Department Operating Budget re overtime and supplies/equipment J.21. Ordinance to APPROPRIATE$296,787 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y N' the fund balance of the Technology Trust Fund to CONSENT the FY 2025-26 Clerk of Circuit Court Operating Budget re support technological needs and upgrades .122. Ordinance to TRANSFER$446,105 within the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FY 2025-26 Public Works Operating Budget re CONSENT purchase of capital equipment for the concrete crew K. APPOINTMENTS RESCHEDULED ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW&ALLOCATION COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:09/02/2025 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 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 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD AGRICULTURE ADVISORY COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y BRANDON HORSLEY- 4 Year Term 10/1/2025—9/30/2029 BOARD OF BUILDING CODE APPEALS Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y JOHN DAVID— Electrical Professional 5 Year Term 10/1/2025—9/30/2030 DEVELOPMENT AUTHORITY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y ERIC KEPLINGER— 4 Year Term 09/1/2025—8/31/2029 HEALTH SERVICES ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y SARA CULLY— Unexpired term thru 11/30/2026 HOUSING ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y KIMBERLY DENTON— Licensed Real Estate Salesperson or Broker 4 Year Tenn 10/1/2025-9/30/2029 MINORITY BUSINESS COUNCIL Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y OGU EMEJURU— Unexpired tern thru 9/30/2025 +2 Year Tern 10/1/2025-9/30/2027 Reappointed: KARLAA GREGORY CAVELLE MOLLINEAUX 2 Year Term 10/1/2025—9/30/2027 OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y LAUREN BLAND— Unexpired term thru 5/31/2028 PARKS AND RECREATION COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y CLINTON MILLS— District 3 3 Year Term 9/l/2025—8/31/2028 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:09/02/2025 PAGE: 6 R U T N H C L M H C R A H W U M E H G E M R U 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 PERSONNEL BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y JAMES YOST— Alternate Merit Service Member Unexpired term thru 2/28/2027 RESORT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y DORCAS HELFANT- BROWNING— Unexpired term thru 2/28/2028 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:26 PM OPEN DIALOGUE 1 SPEAKER 6:31 PM