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HomeMy WebLinkAbout11-18-2025 FORMAL SESSION AGENDA City of Virginia C) s zrz ""COMMUNITY FOR A LIFETIME S �F BUR NA1��N5 City Council Members Mayor Robert M. "Bobby" Dyer bdver@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash" Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 cjacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc(c@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 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 Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda November 18, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCILS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FY2024-25 VIRGINIA BEACH CITY PUBLIC SCHOOL REVERSION FUNDING 2:15 P.M. Crystal Pate, Chief Financial Officer—VBCPS B. STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP UPDATE 2:45 P.M. Chris Pocta, Chair Carol Considine, Vice-Chair Julie Brenman, Chief Operating Officer— Fountainworks II. CITY COUNCIL LIAISON REPORTS 3:45 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:15 P.M. V. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION —October 21, 2025 2. SPECIAL FORMAL SESSION —October 28, 2025 H. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Land Use and Public System Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. ORDINANCE TO PROVIDE COST OF LIVING INCREASES TO THE SALARIES OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL (Requested by Vice-Mayor Wilson and Council Members Hutcheson and Schulman) 3. FY2025-26 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) AMENDMENTS Appropriation of Reversion Funding (Requested by the School Board) 4. ACQUISITION, BY AGREEMENT OR CONDEMNATION Shore Drive Pedestrian Improvements Project, CIP 100383.001 5. LEASE OF CITY PROPERTY 912 Princess Anne Road to the Senior Resource Center, Inc. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST the General Assembly add Section 2.03 to the City Charter to require a super-majority vote to approve certain land use approvals south of the Blue Line: ALTERNATIVE 1: (Original Version) any application that creates a more intense use than current the then-current approval for such property ALTERNATIVE 2: (REVISION 1) any application to rezone property to a high density or a more intense zoning district ALTERNATIVE 3: (REVISION 2) any application to rezone property to a high density or a more intense zoning district and to require a public hearing and findings prior to extending water and sewer utilities south of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement for up to five (5) years with T-Mobile Northeast, LLC for City-owned property at the 311t Street Parking Garage re five (5) parking spaces 3. Ordinance to DECLARE City-owned property located on Barrs Road in Burton Station in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into an Agreement for the exchange of property re a future pump station owned by Air Rail Properties, LLC 4. Ordinance to RENEW a franchise granted to Cox Communications Hampton Roads, LLC re construct, operate and maintain a cable system in the City 5. Resolution to JOIN the Voters in support of a Charter Amendment to reflect a 10-1 Method of Elections for Members of the City Council (Requested by Mayor Dyer and Council Members Cummings, Hutcheson, Remick, Ross-Hammond, Rouse, and Schulman) 6. Resolution to DESIGNATE Kings Grant Road in honor of Jeremiah A. Denton,Jr. (Requested by City Council) 7. Resolution to NAME the 241h Street Stage as the "Robert N. 'Bobby' Melatti Stage" (Requested by Mayor Dyer, Vice-Mayor, And Council Members Berlucchi, Cummings, Henley, Hutcheson, Jackson-Green, Remick, Ross-Hammond and Schulman) 8. Resolution to APPROVE the Modification of a Construction Contract re the Bow Creek Stormwater Park—Section 1 9. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Harbor Canal re maintain an existing timber bulkhead, pier and deck, and to construct and maintain a timber pier addition, four(4)timber pile aluminum boat lift, and an EZ dock jet ski float located at the rear of 2361 Leeward Shore Drive DISTRICT 8 10. Ordinance to CONVERT three (3) part-time positions to one (1) full-time paramedic position within the FY2025 -26 Department of Emergency Medical Services (EMS) Operating Budget 11. Ordinance to APPROPRIATE$415,000 from the Fund Balance of the Police Federal &State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police equipment and training 12. Ordinance to APPROPRIATE $41,708 in private dredging revenue to Capital Project #100210 "Hurd's Cove Neighborhood Dredging" re access basin dredging agreements 13. Ordinance to ACCEPT and APPROPRIATE $54,350 from the Virginia Department of Emergency Management to the FY2025-26 Department of Emergency Management Operating Budget re cover the remaining expenses associated with the Flood Mitigation Assistance 2019 Elevation Project 14. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Housing and Community Development to the FY2025-26 Department of Housing and Neighborhood Preservation re support Continuum of Care Programs 15. Ordinance to ACCEPT and Appropriate $4,000 from the Department of Motor Vehicles (DMV)to the FY2025-26 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training and equipment expenses related to DUI enforcement 3 „.emu` K. PLANNING 1. JON M. NUCKOLS for a Change in Nonconforming re expansion to an existing single-family dwelling at 1029 Hillview Boulevard DISTRICT 1 RECOMMENDATION: APPROVAL 2. AMANDA LINHART / JANE R. & WINTHROP A. SHORT, JR for a Change in Nonconforming re expansion to an existing single-family dwelling at 203 751h Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re cemetery for two (2) parcels directly east of 3168 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 4. C4-FS, LLC, for a Modification of Conditions to a Conditional Use permit re mini-warehouse at 772 Lord Dunmore Drive DISTRICT 3 RECOMMENDATION: APPROVAL 5. WAVE CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1000 North Great Neck Road DISTRICT 8 RECOMMENDATION: APPROVAL 6. BRIKEL, LLC / ALTON NEAL EDWARD, JR. & ET AL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District re construction of seven (7) condominium units at 2421 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 7. GREEN CLEAN HOLDINGS, LLC - JOE BERTUCCI / GRANITE PEAK PROPERTY INVESTMENT LP & NG20 LP for a Conditional Use Permit re car wash facility at 1373 North Great Neck Road DISTRICT 8 RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION —APPROVAL 8. SMALL CIRCLE TATTOO / VISCORP for a Conditional Use Permit re tattoo parlor at 979 Chimney Hill Shopping Center, Unit 103 DISTRICT 10 RECOMMENDATION: APPROVAL 9. BESSEM O. & MUKONG ADESO for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Suite 1002 DISTRICT 5 RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ARTS AND HUMANITIES COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CHESAPEAKE BAY AREA PRESERVATION BOARD • CLEAN COMMUNITY COMMISSION • COMMUNITY SERVICES BOARD • DEFERRED COMPENSATION BOARD • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 18, 2025. T M£. _. I. CITY COUNCILS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FY2024-25 VIRGINIA BEACH CITY PUBLIC SCHOOL REVERSION FUNDING 2:15 P.M. Crystal Pate, Chief Financial Officer—VBCPS B. STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP UPDATE 2:45 P.M. Chris Pocta, Chair Carol Considine, Vice-Chair Julie Brenman, Chief Operating Officer— Fountainworks II. CITY COUNCIL LIAISON REPORTS 3:45 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:15 P.M. Le V. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION —October 21, 2025 2. SPECIAL FORMAL SESSION —October 28, 2025 H. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Land Use and Public System Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. ORDINANCE TO PROVIDE COST OF LIVING INCREASES TO THE SALARIES OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL (Requested by Vice-Mayor Wilson and Council Members Hutcheson and Schulman) 3. FY2025-26 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) AMENDMENTS Appropriation of Reversion Funding (Requested by the School Board) 4. ACQUISITION, BY AGREEMENT OR CONDEMNATION Shore Drive Pedestrian Improvements Project, CIP 100383.001 5. LEASE OF CITY PROPERTY 912 Princess Anne Road to the Senior Resource Center, Inc. 4 � Public Notice Proposed Charter Amendment Land Use and Public System Approvals South of the Blue Line On Tuesday,November 18,2025,at 6:00 pm in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter. The proposed amendment will do three things. First,it will define the blue line. Second, it will require a supermajority three-fourths approval for any rezoning of property to a higher density or more intense zoning district south of the blue line. Third,the amendment would require a public hearing and various findings by the City Council prior to any extension of public water and sanitary sewer service("public services')south of the blue line.The required findings are drawn from a 2004 Ordinance which prohibited the extension of public services south of the blue line except in very narrowly defined circumstances. This proposal supplements a charter amendment that was subject to a public hearing on October 7,2025. A copy ofthe text amendments is available for inspection in the Office of the City Clerk. The hearing is open to the public and all interested citizens will have an opportunity to be heard.Individuals desiring to provide written comments may do so by contacting the City Clerk's Office. If you are physically disabled or visually impaired and need assistance at this meeting please call(757)385- 4303. Hearing impaired,TDD-711. Ifyou 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 November 18, 2025. 2. Download WebEx and view the meeting at: https:/,tvbgoy.webex.com/weblink/register/r7gfc 7c9cb3e8456c31c6cffdbddOcbca All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk Virginian-Pilot,October 29 and November 5,2025. A f1�i '� t4i' 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Add Section 2.03 to the City Charter to Protect the Blue Line MEETING DATE: November 18, 2025 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. The proposal is offered in three versions. All versions include the same definition of the "blue line." The "blue line" runs along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. The original version would apply to any land use application that creates a more intense use than the then-current approval for the property on the effective date of the legislation. The City has received concerns that this version is overly broad and will negatively impact applications to the Agricultural Reserve Program. The Revision 1 version would apply to any rezoning to a higher density or a more intense zoning district. The Revision 2 version is Revision 1 plus a provision that would apply to any request to extend public water and sanitary sewer south of the blue line. No such extension would be permitted absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on- site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b) the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or (c) the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. Blue Line Charter Amendment Page 2 of 2 In all instances, the City Council believes that enacting the proposed charter request is a statement of the Council's commitment to preserving the rural character of the southern part of the City. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing was held on October 7, 2025. A second public hearing will be held on November 18, 2025. The second public hearing is needed to allow consideration of Revision 2. ■ Attachments: Alternative 1: Resolution (Original Version); Exhibit A— Original Version Alternative 2: Resolution (Revision 1); Exhibit A — Revision 1 Alternative 3: Resolution (Revision 2); Exhibit A — Revision 2 This item was deferred from October 21, 2025, to November 18, 2025. ALTERNATIVE 1 — ORIGINAL VERSION 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO APPROVE CERTAIN LAND 4 USE APPROVALS SOUTH OF THE BLUE LINE 5 6 WHEREAS, the City Council received a briefing on a proposed Charter 7 Amendment at its September 23, 2025, Workshop; 8 9 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A — 10 Original Version; 11 12 WHEREAS, after due advertisement, the City Council conducted a public hearing 13 on the proposed Charter Amendment at its October 7, 2025, Formal Session, and again 14 on November 18, 2025; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Council hereby requests the General Assembly add Section 2.03 to the 20 City Charter to increase the vote threshold for certain land use approvals south of the 21 Blue Line. The attached Exhibit A — Original Version, which is incorporated herein, 22 provides the requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: City A orney's Office CA16988 R-2 November 6, 2025 EXHIBIT A-ORIGINAL VERSION '7 CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council is required to approve land use applications south of the Blue Line. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No land use application to the City Council south of the blue line creating a more intense use than the then-current approval for such property on the effective date of this legislation shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. 1 ALTERNATIVE 2 — REVISION 1 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE 6 7 WHEREAS, the City Council received a briefing on a proposed Charter 8 Amendment at its September 23, 2025, Workshop; 9 10 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A, 11 Revision 1; 12 13 WHEREAS, after due advertisement, the City Council conducted a public hearing 14 on the proposed Charter Amendment at its October 7, 2025, Formal Session, a second 15 public hearing was held November 18, 2025; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Council hereby requests the General Assembly add Section 2.03 to the 21 City Charter to increase the vote threshold to rezone property to a higher density or a 22 more intense zoning district south of the Blue Line. The attached Exhibit A— Revision 1, 23 which is incorporated herein, provides the requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: Ci y rney's Office CA16988 R-3 November 6, 2025 EXHIBIT A, REVISION 1 f CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. 1 ALTERNATIVE 3 — REVISION 2 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE AND TO REQUIRE 6 A PUBLIC HEARING AND FINDINGS PRIOR TO 7 EXTENDING WATER AND SEWER UTILITIES SOUTH OF 8 THE BLUE LINE 9 10 WHEREAS, the City Council received a briefing on a proposed Charter 11 Amendment at its September 23, 2025, Workshop; 12 13 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A, 14 Revision 2; 15 16 WHEREAS, after due advertisement, the City Council conducted a public hearing 17 on the proposed Charter Amendment at its October 7, 2025, Formal Session, a second 18 public hearing was held November 18, 2025; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby requests the General Assembly add Section 2.03 to the 24 City Charter to increase the vote threshold to rezone property to a higher density or a 25 more intense zoning district south of the Blue Line and to require a public hearing and 26 findings prior to extending water and sewer utilities south of the Blue Line. The attached 27 Exhibit A— Revision 2, which is incorporated herein, provides the requested text of such 28 amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: Ny-AtKorney's Office CA16988 R-3 November 6, 2025 EXHIBIT A, REVISION 2 f f.N SSJ z'4aM CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending.The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. (c) No extension of public water and sanitary sewer ("public system") shall extend south of the blue line absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; EXHIBIT A, REVISION 2 iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b)the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or (c) the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. 2 ��1f PUBLIC HEARING PROPOSED ORDINANCE TO PROVIDE COST OF LIVING INCREASES TO THE SALARIES OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL On Tuesday,November 18,2025,at 6:00 p.m.at City Hall, 2401 Courthouse Drive, the Virginia Beach City Council will conduct a public hearing upon an ordinance to increase the annual salaries of the Mayor and Members of the City Council. If adopted,the annual salary of the Mayor would be$51,998,and the annual salary of other members of the City Council would be $48,531. The effective date of such increase would be July 1,2027. A copy of the aforesaid ordinance may be inspected in the Office of the City Clerk, which is also located in City Hall. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at385-4303;Hearing Impaired,call: TDD only 711(TOO-Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 18,2025. 2. Download WebEx and view the meeting at: https://vbeov.webex.com/weblink/regis ter/r79fc7c9 b3.8456_t 6 ffdbdd0c All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-November 5&10,2025 xsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Provide Cost of Living Increases to the Salaries of the Mayor and Members of the City Council Effective July 1, 2027 PUBLIC HEARING DATE: November 18, 2025 MEETING DATE: November 25, 2025 ■ Background: Virginia Code § 15.2-1414.6, as recently amended (2024 Acts of Assembly, c. 608), provides that cities with a population of 260,000 or more may set the annual salaries of their mayor and councilmembers at an amount not to exceed $56,000 and $52,000, respectively. This statute further provides that "[n]o increase in the salary of a member of council shall take effect until July 1 after the next regularly scheduled general election of council members," such that any increase in councilmembers' salaries would not be effective until July 1, 2027. The current annual salaries of the Mayor and members of the City Council, which became effective July 1, 2006, are $30,000 and $28,000, respectively. If the 2006 amounts were increased to keep up with inflation, consistent with cost of living increases provided to the workforce, the amounts would be $49,013 and $45,745 today, and assuming an annual inflation rate of 3%, would be $51,998 and $48,531 for the July 1, 2027 effective date. ■ Considerations: The attached ordinance adopts cost of living increases to the salaries of the Mayor and members of the City Council. The ordinance also directs the City Manager to include funding for this increase in the FY2027-2028 Operating Budget. Last, the ordinance provides for future cost of living increase ordinances, so the City avoids the current situation where the amounts were not increased for two decades. ■ Public Information: A public hearing will be held on November 18, 2025. ■ Attachments: Ordinance Requested by Vice Mayor Wilson and Councilmembers Hutcheson and Schulman. REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS HUTCHESON AND SCHULMAN 1 AN ORDINANCE TO PROVIDE COST OF LIVING 2 INCREASES TO THE SALARIES OF THE MAYOR AND 3 MEMBERS OF THE CITY COUNCIL EFFECTIVE JULY 1, 4 2027 5 6 WHEREAS, Virginia Code § 15.2-1414.6, as recently amended (2024 Acts of 7 Assembly, c. 608), provides that cities with a population of 260,000 or more may set the 8 annual salaries of their mayor and councilmembers at an amount not to exceed $56,000 and 9 $52,000, respectively; 10 11 WHEREAS, this section further provides that"[n]o increase in the salary of a member 12 of council shall take effect until July 1 after the next regularly scheduled general election of 13 council members," such that any increase in councilmembers' salaries would not be 14 effective until July 1, 2027; 15 16 WHEREAS, the current annual salaries of the Mayor and members of the City 17 Council, which became effective July 1, 2006, are $30,000 and $28,000, respectively; 18 19 WHEREAS, if the 2006 amounts were increased to keep up with inflation, consistent 20 with cost of living increases provided to the workforce, the amounts would be $49,013 and 21 $45,745 today, and assuming an annual inflation rate of 3%,would be$51,998 and $48,531 22 for the July 1, 2027 effective date; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF THE 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. In accordance with Virginia Code § 15.2-1414.6, as amended, a cost-of-living 28 increase is applied to the annual salaries of the Mayor and the other members of the 29 City Council and are hereby set, effective July 1, 2027, at $51,998 and $48,531, 30 respectively. 31 32 2. The City Manager is hereby directed to include in the FY2027-28 Operating Budget 33 adequate funding for these salary increases. 34 35 3. The Council hereby directs staff to prepare cost-of-living increase ordinances 36 effective July 1, 2029 and every two years thereafter. Such ordinance shall propose 37 cost of living increases in line with the general and/or merit increases provided to the 38 City workforce and follow the procedure set forth in Virginia Code § 15.2-1414.6. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. AP AS TO LEGAL SUFFICIENCY: J74 City for ey's Office CA16548 / R-1 / September 25, 2025 PUBLIC HEARING Amendments to the Virginia Beach City Public Schools FY 2025-26 Operating Budget and Capital Improvement Program On Tuesday,November 18,2025,at 6:00 p.m.,Second Floor of City Hall,2401 Courthouse Dr.,the City Council will hold a public hearing on proposed amendments to the FY 2025-26 Operating and Capital Improvement Program budgets of the Virginia Beach City Public Schools.The proposed amendments exceed one percent of the current budget,so a public hearing is required. The amendments total$45,559,193 and are the annual reversion request.The proposed uses are: 1) $28,059,193 to the FY 2025-26 Capital Improvement Program: a) $23,628,593 for Project 1-015,'Princess Anne High School Replacement;"and b) $4,430,600 for Project 1-030,"Payroll System Replacement." 2) $10,500,000 for the School Reserve Special Revenue Fund to be set aside for FY2026-27 Capital Improvement Program projects. 3) $5,800,000 for the Health Insurance Fund. 4) $1,200,000 for Jericho Road Demolition to project 1-020,"Renovations and Replacements-Various- Phase III." A copy of the proposed ordinance is on file in the City Clerk's Office. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: • Register for the WebEx at: https://vbkov.webex.com/weblink/­register/r79fc 7c9cb3e8456c31c6cffdbddOcbca • Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@vb ov.com prior to 5:00 p.m.on November 18,2025. If you are physically disabled or visually Impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TOO-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-NOVEMBER 3,2025&NOVEMBER 10,2025 1Nw,B�� Jisi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $45,559,193 in School Reversion and Revenue Sharing Funds to the FY 2025-26 Operating and Capital Improvement Program Budget PUBLIC HEARING: November 18, 2025 MEETING DATE: November 25, 2025 ■ Background: The current City and Virginia Beach City Public School's (VBCPS) revenue sharing policy has been in place since 2019. Section 6 of that policy outlines the process of presenting reversion requests by the VBCPS to the City Council. In accordance with the policy, the Virginia Beach City School Board adopted a Budget Resolution regarding FY 2024-25 Reversion and Revenue Sharing Formula Reconciliation on October 28, 2025. The total amount that the School Board is requesting to be re-appropriated by City Council is $45,559,193. The Virginia Beach City Public Schools request the $45.6 million in reversion funds be appropriated in the following manner: 1. $29,259,193 to be appropriated to the FY 2025-26 Capital Improvement Program: a. $23,628,593 to be provided as pay-as-you-go funding for project 601015 "Princess Anne High School Replacement;" b. $4,430,600 to be provided as pay-as-you-go funding for project 601030 "Payroll System Replacement;" c. $1,200,000 to be provided as pay-as-you-go funding for project 601020 "Renovations and Replacements — Various Phase III" for Jericho Road Demolition. 2. $10,500,000 to be appropriated to the School Reserve Special Revenue fund to be set aside for FY2026-27 Capital Improvement Program projects. 3. $5,800,000 to be appropriated to the School Reserve Special Revenue fund with the amounts to be made available to the Schools Health Insurance Fund on an as- needed basis to replenish the balance of the Health Insurance Fund and not to be used to pay employee premiums. Any use of such funds shall be reported to the City Council within 30 days of such use. ■ Considerations: While the City Council is not obligated to appropriate reversion funds in the manner requested by the School Board, the City Council has traditionally honored such requests. As one-time funding, the typical use of such funds is capital expenditures, other non-recurring items, and the Schools Reserve Fund. ■ Alternatives: At its October 28, 2025, meeting, the School Board was presented with an alternative reversion request that did not direct funds to the Health Insurance Fund. In the alternative proposal, the $5.8MM for the Health Insurance Fund would have been provided to Princess Anne High School ($4.7MM) and Payroll System ($1.1 MM). ■ Public Information: Public information will be provided through the normal City Council agenda process. The amount of the proposed appropriation exceeds 1% of the Operating Budget, so a public hearing will be held on November 18, 2025. ■ Attachments: Ordinance; Adopted School Board Resolution Requested by Mayor Dyer and Vice Mayor Wilson. REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO APPROPRIATE $45,559,193 IN 2 SCHOOL REVERSION AND REVENUE SHARING FUNDS 3 TO THE FY2024-25 OPERATING AND CAPITAL 4 IMPROVEMENT PROGRAM BUDGET 5 6 WHEREAS, The School Board of the City of Virginia Beach adopted a Budget 7 Resolution Regarding FY 2024-25 Reversion and Revenue Sharing Formula 8 Reconciliation on October 28, 2025; 9 10 WHEREAS, the funding request exceeds 1% of the City's FY 2025-26 operating 11 budget, so a public hearing on the proposed appropriation was held on November 18, 12 2025; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 $45,559,193 in reversion and revenue sharing funds are hereby appropriated for 18 the following purposes: 19 20 a. $29,259,193 to be appropriated to the FY 2025-26 Capital Improvement 21 Program: 22 . $23,628,593 to be provided as pay-as-you-go funding for project 601015 23 "Princess Anne High School Replacement;" and 24 . $4,430,600 to be provided as pay-as-you-go funding for project 601030 25 "Payroll System Replacement;" and 26 • $1 ,200,000 to provided as pay-as-you-go funding for project 601020 27 "Renovations and Replacements — Various Phase III" for Jericho Road 28 Demolition. 29 30 b. $10,500,000 to be appropriated to the School Reserve Special Revenue fund 31 to be set aside for FY 2026-27 Capital Improvement Program projects; and 32 33 c. $5,800,000 to be appropriated to the School Reserve Special Revenue fund 34 with the amounts to be made available to the Schools Health Insurance Fund 35 on an as-needed basis to replenish the balance of the Health Insurance Fund 36 and not to be used to pay employee premiums. Any use of such funds shall be 37 reported to the City Council within 30 days of such use. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '/a A, K &.4� 1-�, 7k i� Ilk I udget and Minagement Services it ney's Office CA17009 R-2 November 10, 2025 A&t- 4 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J.Brown,Chair Carolyn D.Weems,Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W.Cummings Rose M.Dwyer Sharon R.Felton District 7 District 1 At-Large Dr.Alveta J.Green Kimberly A.Melnyk Melinda J.Rogers District 4 District 2 District S Donald E.Robertson,Jr.,Ph.D.,Superintendent Budget Resolution Regarding FY 2024/25 Reversion and Revenue Sharing Formula Reconciliation WHEREAS, on October 14,2025,the School Board was presented with a summary of the unaudited fmancial statements for FY 2024/25 (year ending June 30,2025), showing the reversion amount to the city's General fund; and WHEREAS, $21,077,524 is the amount of School Operating reversion funds available (excluding debt service and revenues over/under budget); and WHEREAS, $5,628,593 is the amount remaining in debt service due to the timing of bond sales, increasing the School Operating reversion amount to$26,706,117; and WHEREAS, $10,653,822 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to $37,359,939; and WHEREAS, $390,779 reverted from the Athletics fund and$343,862 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the total amount available for re-appropriation is$38,094,580; and WHEREAS,the city is currently indicating FY 2024/25 revenue over budget of$7,464,613 based on the Revenue Sharing Formula; and WHEREAS,the net funding available for re-appropriation is$45,559,193; and WHEREAS,the Administration recommends the following for the available funds in the amount of $45,559,193: • $38,559,193 to be re-appropriated to the FY 2025/26 Capital Improvement Program - $23,628,593 to be transferred in the form of pay-as-you-go funding for project 1-015 Princess Anne High School Replacement - $4,430,600 to be to be transferred in the form of pay-as-you-go funding for project 1- 030 Payroll System Replacement Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive 1 P.O.Box 6038 1 Virginia Beach.Virginia 23456-0038 N �. VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2. Budget Resolution Regarding FY 2024/25 Reversion and Revenue Sharing Formula Reconciliation (Continued) - $10,500,000 to be re-appropriated to the School Reserve Special Revenue fund • $1,200,000 to be transferred in the form of pay-as-you-go funding for project 1-020 Renovations and Replacements—Various—Phase III -Jericho Road Demolition • $5,800,000 to be reappropriated to the Health Insurance fund NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of reversion funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach,this 28th day of October 2025. x1 y OF V '•�` r��tr••'• �jji 1 I C• S�WW • rnt/ dp gyp''••-••••' Kathleen J. Brown, Se6ol Board Chair Attest: — Regina M.Toneatto, Clerk of the Board Put Students First•Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I P.O.Box 6038 1 Virginia Beach.Virginia 23456-0038 PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 18, 2025 at 6:00 p.m., in the City Hall Building (Building #1) at the Municipal Center, Virginia Beach, Virginia, on the proposed acquisition, by agreement or condemnation,of property and easements necessary for the Shore Drive Pedestrian Improvements Project, CIP 100383.001 (the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for the Project. 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; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate, Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center,(757)385- 4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at: https&/Ivbgov,webex.com/wablink/reizis ter/r79fc7c9cb3e8456c31c6cffdbddOc b,3 -Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbeov.com prior to 5:00 p.m. on November 18,2025. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-11/9/25 ror ' it2 �r) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Shore Drive Pedestrian Improvements Project, CIP 100383.001, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: November 18, 2025 MEETING DATE: November 25, 2025 Background: The Shore Drive Pedestrian Improvements Project, CIP 100383.001 (the "Project") is a roadway improvement project, intended to connect gaps within the existing pedestrian network along Shore Drive, extending from Marlin Bay Drive to East Stratford Drive near the west approach to the Lesner Bridge. The Project is part of the Shore Drive Corridor Improvements Phase IV Project. The Project includes the replacement and widening of existing sidewalk segments that are less than 4 feet in width and the construction of new concrete sidewalks in areas where none currently exist. In locations where existing paved parking areas lack a defined sidewalk, pavement striping will be used to delineate the pedestrian pathway, and wheel stops (parking bars) will be installed to prevent vehicle encroachment onto the designated pedestrian routes. The proposed sidewalks and curb ramps are designed and will be constructed in accordance with current Americans with Disabilities Act (ADA)standards. Additional improvements include the installation or replacement of curb and gutter, commercial entrances, paving, and drainage infrastructure. Most improvements will be within the existing right-of-way; however, additional right-of- way and temporary and permanent easements are necessary and will be acquired where needed. Overall, approximately 1,500 linear feet of sidewalk will be installed or delineated, thereby establishing a continuous pedestrian corridor along both the eastbound and westbound sides of Shore Drive. ■ Considerations: The Project will require property and/or easements from 10 privately owned parcels. No residences or businesses are expected to be displaced by the Project. ■ Public Information: A willingness to hold a public citizen's information meeting poll was closed on June 29, 2025. Only one resident responded, and therefore no meeting was held. An advertised public hearing will be held on November 18, 2025, and public notice will be provided via the normal Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:OVP I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION IN FEE SIMPLE FOR THE 3 SHORE DRIVE PEDESTRIAN 4 IMPROVEMENTS PROJECT, CIP 100383.001, 5 AND THE ACQUISITION OF TEMPORARY 6 AND PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION s 9 WHEREAS, the Shore Drive Pedestrian Improvements Project, CIP 100383.001 (the 10 "Project") is a roadway improvement project to improve transportation, accessibility, 11 pedestrian access and safety within the City and for other related public uses for the 12 preservation of the safety, health, peace, good order, comfort, convenience, and for the 13 welfare of the people in the City of Virginia Beach; 14 15 WHEREAS, the Project will connect gaps within the existing pedestrian system 16 along Shore Drive from Marlin Bay Drive to East Stratford Drive at the west approach of the 17 Lesner Bridge, The Project includes the replacement and widening of existing sidewalk 18 segments that are less than four feet in width and the construction of new concrete 19 sidewalks in areas where none currently exist. In locations where existing paved parking 20 areas lack a defined sidewalk, pavement striping will be used to delineate the pedestrian 21 pathway, and wheel stops(parking bars)will be installed to prevent vehicle encroachment 22 onto the designated pedestrian routes. Overall, approximately 1,500 linear feet of sidewalk 23 will be installed or delineated, thereby establishing a continuous pedestrian corridor along 24 both the eastbound and westbound sides of Shore Drive; 25 26 WHEREAS, the proposed sidewalks and curb ramps are designed and will be 27 constructed in accordance with current Americans with Disabilities Act (ADA) standards. 28 Additional improvements will include the installation or replacement of curb and gutter, 29 commercial entrances, paving, and drainage infrastructure; 30 31 WHEREAS,the Project improvements are mostly contained within the existing right- 32 of-way; however additional right-of-way and permanent and temporary easements will be 33 acquired where needed along 10 parcels within the Project boundaries; and 34 35 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 36 public necessity exists for this important roadway project to construct and maintain 37 accessibility and safety improvements for transportation, vehicular and pedestrian access 38 to the surrounding areas. This Project will make the Shore Drive corridor more accessible 39 and functional for the preservation of the safety, health, peace, good order, comfort and 40 convenience and for the welfare of the people in the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 Section 1. That the City Council authorizes the acquisition by purchase or 46 condemnation pursuant to Sections 15.2-1901, et qqq., Sections 33.2-1007, et seq., and 47 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 48 simple, including temporary and permanent easements (the "Property"), as shown on the 49 Project plans entitled "SHORE DRIVE PEDESTRIAN IMPROVEMENTS CIP NO, 50 100383.001" and on the acquisition plats for the Project (plats and plans collectively 51 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 52 of Public Works, City of Virginia Beach, Virginia. 53 54 Section 2. That the City Manager is hereby authorized to make or cause to be made 55 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 56 offer to the owners or persons having an interest in said Property. If refused, if the property 57 owners are unable to convey clear title, or if the owners cannot be identified or located, the 58 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 59 to condemn to acquire title to the Property. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 62 , 2025. CA16763 R-1 10/29/25 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM c-1.0b, Nat,a UmMI&I de P BL C OR S/REAL ESTATE CITY ATTORNEY PA AJ 4.1 V !] LU G05) wn 111 ' W STF:A SHOREi " .�.. - a r F •\r ' R "r Jr, DR4 w Legend = LOCATION MAP SHORE DRIVE PEDESTRIAN IMPROVEMENTS ' CIP#100383.001 Improvement Areas - 0 300 600 City Property Feet Prepared by JCSP.W.Eng.Survey 6ureaui08-04-2025 X.°Surveys\PROJECTS1ArcGis Projects\Real Estatc\Agenda Maps\CIP ProjeM\250317-CIP 100383 Shore Dr.Ped.Improvements\CIP 100383 Shore Dr.Ped Aeriataprx SITE D r -�..:JEFFERSO SH Jr su TFORD RD ^ R�`J Cry B �a� SHORE DR , _ RD �MeA�QR LOCATION MAP Legend - SHORE DRIVE PEDESTRIAN IMPROVEMENTS CIP#100383.001 Improvement Areas 0 300 600 City Property I i Feet Prepared by JCSlP.W.Eng.Survey Bureau/08-04-2025 X\Surveys\PRQJECTSIArcGis ProjeaslReal Estate\Agenda htaps\CIP Projects\250317-CIP 100383 Shore Dr.Ped.Improvements\CIP 100383 Shore Dr.Ped.aprx CITY COUNCIL ACTION TRANSMITTAL FORM November 6, 2026 PART I (FOR APPROVAL/CONCURRENCE) 1. Subject/Title/Name: An Ordinance to authorize acquisition of property in fee simple for the Shore Drive Pedestrian Improvements Project, CIP 100383.001, and the acquisition of temporary and permanent easements,either by agreement or condemnation 2. Scheduled Council Date: Public Hearing November 18, 2025 Meeting Date November 25, 2025 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: (Based on Agenda Request Schedule) ❑ Urgent? (Explain why) 5. COORDINATION/APPROVAL: Department Date Jason Wilson—PW/Engineering 10/28/2025 Rebecca Kubin - LaNv 10/29/2025 Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) x Review/Approval j ❑ Ordinance/Resolution Preparation ❑ Other(explain) 7. Agenda Issue Manager: Joseph G. Copeland, Real Estate Agent 385-4161 PART II (FOR TRANSMITTAL TO THE CITY MANAGER) To: City Manager Forwarded for approval �� I a F- ���� 11/6/25 Submitted By: (Department Head) t���A�- L. J. Hansen, P.E., Director Katie Shannon for LJ Hansen Department of Public Works PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 18, 2025, at 6:00 p.m.in the Council Chamber, City Hall-Bldg.#1,Municipal Center, 2401 Courthouse Drive, Virginia Beach,Virginia 23456.The purpose of this hearing will be to obtain public comment on the proposed lease of the following City-owned property: Building located at 912 Princess Anne Rd.(Portion of GPIN:2400- 50-4742), known as the "Old Creeds Library" to Senior Resource Center,Inc. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N.Landing Road,Bldg. 23,Municipal Center at(757)385- 4161,pwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: httos:/Ivbgov.webex.com/webli nk/reeister/r79fc7c9cb3e8456 c31c6cffdbddOcbca •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgoy.com prior to 5:00 p.m. on November 18, 2025. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-11/9/25 N1A Bq� z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Building Lease and Cooperative Agreement for Up to 5 Years with the Senior Resource Center, Inc. Located at 912 Princess Anne Road PUBLIC HEARING DATE: November 18, 2025 MEETING DATE: November 25, 2025 ■ Background: The Senior Resource Center, Inc. is a Virginia non-stock, tax exempt charitable organization ("SRC") that serves senior citizens in the southern part of Virginia Beach. SRC provides resources, referrals and social activities with the goal of helping seniors to remain in their homes as long as possible. SRC is a joint effort between area residents, religious organizations, civic groups and the City of Virginia Beach (the "City"). SRC has been housed in the Old Creeds Library building (the "Premises") for the past 18 years and receives support from various City departments. The Premises is City-owned property, but the land on which the Premises is located is a portion of Creeds Elementary School (the "Land"), owned by the School Board of the City of Virginia Beach ("Schools"). Any agreement involving the Land will be made separately between SRC and Schools. SRC and the City would like to enter into a Building Lease and Cooperative Agreement to memorialize the relationship and obligations of the parties for lease of the Premises and provision of services (the "Lease"). The Premises will continue to be used to provide senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose. ■ Considerations: The term of the Lease is 5 years. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see the Summary of Terms attached to the Ordinance as Exhibit A. The current lease between the City and SRC was approved by City Council on October 20, 2020 and expired October 31, 2025. The terms of the Lease are unchanged from the prior agreement. ■ Public Information: A public hearing will be advertised on November 9, 2025 in The Virginian-Pilot. The public hearing will be held on November 18, 2025. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the lease, change conditions of the lease, or deny leasing the Premises. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE AND COOPERATIVE 3 AGREEMENT FOR UP TO 5 YEARS WITH THE 4 SENIOR RESOURCE CENTER, INC. LOCATED AT 5 912 PRINCESS ANNE ROAD 6 7 WHEREAS, Senior Resource Center, Inc., a non-profit Virginia corporation 8 ("SRC') and the City of Virginia Beach (the "City") cooperatively provide support and 9 services to senior citizens residing in the southern part of Virginia Beach; 10 11 WHEREAS, SRC has been leasing a City-owned building located at 912 12 Princess Anne Road, formerly known as the Old Creeds Library (the "Premises"), to 13 provide its services for the past 18 years; 14 15 WHEREAS, the existing lease agreement expired on October 31, 2025, and the 16 SRC and the City wish to renew the building lease for use of the Premises and the 17 cooperative agreement to memorialize the support services that the City provides to 18 SRC; 19 20 WHEREAS, the Premises will be utilized to provide senior citizens living in the 21 southern part of Virginia Beach and their caregivers with resources and assistance, and 22 for no other purpose; and 23 24 WHEREAS, the terms and conditions of the lease and cooperative agreement 25 are set forth in the Summary of Terms, attached hereto as Exhibit A. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or authorized designee, is hereby authorized to execute 31 any documents necessary to lease the Premises and provide support services to the 32 Senior Resource Center, Inc. for up to 5 years, in accordance with the Summary of 33 Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, 34 conditions or modifications as may be acceptable to the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 38 12025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY: City Attorney yPbi'W_1orks /Real Estate CA15184 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d003\p052\01085747.doc R-1 November 6, 2025 EXHIBIT A SUMMARY OF TERMS BUILDING LEASE AND COOPERATIVE AGREEMENT LESSOR: City of Virginia Beach (the "City") LESSEE: Senior Resource Center, Inc., a Virginia non-stock, tax exempt charitable organization ("SRC") PREMISES: 912 Princess Anne Road (Old Creeds Library— Building Only) TERM: November 1, 2025 — October 31, 2030 RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises to provide senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose. • Maintain Premises by keeping all equipment and improvements in a safe, clean and orderly condition. • Maintain applicable liability insurance, as determined by the City's Risk Manager. • Any agreement involving the land will be made separately between SRC and Schools, if necessary. RIGHTS AND RESPONSIBILITIES OF CITY: • The City's Department of Human Services ("DHS") will have one staff member working up to 16 hours per week, to: (a) provide service and resource information applicable and available to senior citizens, (b) consult with family caregivers and senior citizens, and (c) provide SRC reports, pamphlets and other materials to be used for senior citizens. • The City's Department of Information Technology shall provide updates to software and hardware, and shall provide support assistance for City-owned equipment and associated DHS services. • The City's Department of Public Works shall provide building maintenance and custodial services. TERMINATION: 9 City may terminate at anytime by giving sixty (60) days' advance written notice. LOCATION MAP 928-8 T-1l . 926 "we.- W, > W �k F 2 Premises: Building Located on �q912 the Creeds Elementary School 4 Senior Resource Center site (GPIN: 2400-50-4742) raw C • • - VIRGINIA � 1 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. • APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Senior Resource Center, Inc. Is Applicant also the Owner of the subject property? Yeso NoQ if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO No0 If yes, name Representative: Sharon Prescott, Registered Agent Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes()Noo if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) See Attached Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No() If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andjor individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, 0 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Senior Resource Center,lnc. t� (Cf-( ; ; 11/09/2015 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the 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 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesoNoO if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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? Yes 0 NoO If yes, name the official or employee, and describe the nature of their interest. 17 PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, O O cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor j 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SRC Officers and Directors Officers Phone E-mail President Sharon Prescott (H)426-2811 (C)630-2660 (T) skprescott23@gmail.com Vice President Johnnie Williams * (C)757-470-7186 (T) johnniew@gmail.com Secretary Julie Coppedge (H)757-426-7697 (C)757-386-7922 bcdecoys@verizon.net Treasurer Catherine Heidlebaugh 757-619-2589 heidlebaugh1227@gmail.com Directors Anne Bright (H)757-426-7832 (C)757-353-2854 jwafb1964@gmail.com Bob Giovanelli (H)757-426-2925 (C)757-619-9490 rambgio56@aol.com Nancy Gregory (C)757-426-6068 ngregory681@aol.com Nancy Allan " (H)757-422-1292 (C)757-714-6720 (T) twingranny05 verizon.net Susan Flanagan (H)757-426-7322 (C)757-284-8975 Gaby Morrison* (C)757-450-5095 GABYM COX.NET Dianne Greene (C)252 267-7049 dt7reene0824(cDgrnai1.corn Steve Lesinski (C )757-615-5340 Slesinski@Cox.net Ex Officio Board Members Barbara Henley* (H)757-426-7501 barbarahenley@cox.net Kathryn Thoemke* (W)385-7796 Kthoemke@vbgov.com Kelly Lee* (W) 757-406-9077 kelly.lee@vbphf.org Laura Salmons - PBL Library (W)757-385-7796 Lsalmons@vbgov.com Angela H Vilches -PBL Library (W)757-385-7790 AVilches@vbgov.com Casey Conger (W)757-648-2400 casey.conger@vbschools.com *Activities Committee Member Acting pending board approval. (H)Home phone (C)Cell Phone (T)Text REVISED 06-13-25 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST the General Assembly add Section 2.03 to the City Charter to require a super-majority vote to approve certain land use approvals south of the Blue Line: ALTERNATIVE 1: (Original Version) any application that creates a more intense use than current the then-current approval for such property ALTERNATIVE 2: (REVISION 1) any application to rezone property to a high density or a more intense zoning district ALTERNATIVE 3: (REVISION 2) any application to rezone property to a high density or a more intense zoning district and to require a public hearing and findings prior to extending water and sewer utilities south of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement for up to five (5) years with T-Mobile Northeast, LLC for City-owned property at the 31St Street Parking Garage re five (5) parking spaces 3. Ordinance to DECLARE City-owned property located on Barrs Road in Burton Station in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into an Agreement for the exchange of property re a future pump station owned by Air Rail Properties, LLC 4. Ordinance to RENEW a franchise granted to Cox Communications Hampton Roads, LLC re construct, operate and maintain a cable system in the City 5. Resolution to JOIN the Voters in support of a Charter Amendment to reflect a 10-1 Method of Elections for Members of the City Council (Requested by Mayor Dyer and Council Members Cummings, Hutcheson, Remick, Ross-Hammond, Rouse, and Schulman) 6. Resolution to DESIGNATE Kings Grant Road in honor of Jeremiah A. Denton,Jr. (Requested by City Council) 7. Resolution to NAME the 24th Street Stage as the "Robert N. 'Bobby' Melatti Stage" (Requested by Mayor Dyer, Vice-Mayor, And Council Members Berlucchi, Cummings, Henley, Hutcheson, Jackson-Green, Remick, Ross-Hammond and Schulman) 8. Resolution to APPROVE the Modification of a Construction Contract re the Bow Creek Stormwater Park—Section 1 9. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Harbor Canal re maintain an existing timber bulkhead, pier and deck, and to construct and maintain a timber pier addition, four (4)timber pile aluminum boat lift, and an EZ dock jet ski float located at the rear of 2361 Leeward Shore Drive DISTRICT 8 10. Ordinance to CONVERT three (3) part-time positions to one (1) full-time paramedic position within the FY2025 -26 Department of Emergency Medical Services (EMS) Operating Budget 11. Ordinance to APPROPRIATE $415,000 from the Fund Balance of the Police Federal & State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police equipment and training 12. Ordinance to APPROPRIATE $41,708 in private dredging revenue to Capital Project #100210 "Hurd's Cove Neighborhood Dredging" re access basin dredging agreements 13. Ordinance to ACCEPT and APPROPRIATE $54,350 from the Virginia Department of Emergency Management to the FY2025-26 Department of Emergency Management Operating Budget re cover the remaining expenses associated with the Flood Mitigation Assistance 2019 Elevation Project 14. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Housing and Community Development to the FY2025-26 Department of Housing and Neighborhood Preservation re support Continuum of Care Programs 15. Ordinance to ACCEPT and Appropriate $4,000 from the Department of Motor Vehicles (DMV) to the FY2025-26 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training and equipment expenses related to DUI enforcement L ro ��i `s3 tt • r f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Request the General Assembly Add Section 2.03 to the City Charter to Protect the Blue Line MEETING DATE: November 18, 2025 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following request, the City has elected to hold a public hearing. The proposal is offered in three versions. All versions include the same definition of the "blue line." The "blue line" runs along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. The original version would apply to any land use application that creates a more intense use than the then-current approval for the property on the effective date of the legislation. The City has received concerns that this version is overly broad and will negatively impact applications to the Agricultural Reserve Program. The Revision 1 version would apply to any rezoning to a higher density or a more intense zoning district. The Revision 2 version is Revision 1 plus a provision that would apply to any request to extend public water and sanitary sewer south of the blue line. No such extension would be permitted absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: i. There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on- site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b) the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or (c) the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. Blue Line Charter Amendment Page 2 of 2 In all instances, the City Council believes that enacting the proposed charter request is a statement of the Council's commitment to preserving the rural character of the southern part of the City. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: A public hearing was held on October 7, 2025. A second public hearing will be held on November 18, 2025. The second public hearing is needed to allow consideration of Revision 2. ■ Attachments: Alternative 1: Resolution (Original Version); Exhibit A— Original Version Alternative 2: Resolution (Revision 1); Exhibit A— Revision 1 Alternative 3: Resolution (Revision 2); Exhibit A— Revision 2 This item was deferred from October 21, 2025, to November 18, 2025. ALTERNATIVE 1 — ORIGINAL VERSION 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO APPROVE CERTAIN LAND 4 USE APPROVALS SOUTH OF THE BLUE LINE 5 6 WHEREAS, the City Council received a briefing on a proposed Charter 7 Amendment at its September 23, 2025, Workshop; 8 9 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A — 10 Original Version; 11 12 WHEREAS, after due advertisement, the City Council conducted a public hearing 13 on the proposed Charter Amendment at its October 7, 2025, Formal Session, and again 14 on November 18, 2025; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Council hereby requests the General Assembly add Section 2.03 to the 20 City Charter to increase the vote threshold for certain land use approvals south of the 21 Blue Line. The attached Exhibit A — Original Version, which is incorporated herein, 22 provides the requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: City A orney's Office CA16988 R-2 November 6, 2025 EXHIBIT A-ORIGINAL VERSION l '=���.��'frCHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending.The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line, which established a hard stop for further southernly expansion of City water and sewer services.While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council is required to approve land use applications south of the Blue Line. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No land use application to the City Council south of the blue line creating a more intense use than the then-current approval for such property on the effective date of this legislation shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. 1 ALTERNATIVE 2 — REVISION 1 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE 6 7 WHEREAS, the City Council received a briefing on a proposed Charter 8 Amendment at its September 23, 2025, Workshop; 9 10 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A, 11 Revision 1; 12 13 WHEREAS, after due advertisement, the City Council conducted a public hearing 14 on the proposed Charter Amendment at its October 7, 2025, Formal Session, a second 15 public hearing was held November 18, 2025; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Council hereby requests the General Assembly add Section 2.03 to the 21 City Charter to increase the vote threshold to rezone property to a higher density or a 22 more intense zoning district south of the Blue Line. The attached Exhibit A— Revision 1, 23 which is incorporated herein, provides the requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: Ci y t rney's Office CA16988 R-3 November 6, 2025 EXHIBIT A, REVISION 1 J1, 1 � �. CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south. The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. 1 ALTERNATIVE 3 — REVISION 2 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 ADD SECTION 2.03 TO THE CITY CHARTER TO REQUIRE 3 A SUPER-MAJORITY VOTE TO REZONE PROPERTY TO A 4 HIGHER DENSITY OR A MORE INTENSE ZONING 5 DISTRICT SOUTH OF THE BLUE LINE AND TO REQUIRE 6 A PUBLIC HEARING AND FINDINGS PRIOR TO 7 EXTENDING WATER AND SEWER UTILITIES SOUTH OF 8 THE BLUE LINE 9 10 WHEREAS, the City Council received a briefing on a proposed Charter 11 Amendment at its September 23, 2025, Workshop, 12 13 WHEREAS, the Legislative Agenda request is attached hereto as Exhibit A, 14 Revision 2; 15 16 WHEREAS, after due advertisement, the City Council conducted a public hearing 17 on the proposed Charter Amendment at its October 7, 2025, Formal Session, a second 18 public hearing was held November 18, 2025; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby requests the General Assembly add Section 2.03 to the 24 City Charter to increase the vote threshold to rezone property to a higher density or a 25 more intense zoning district south of the Blue Line and to require a public hearing and 26 findings prior to extending water and sewer utilities south of the Blue Line. The attached 27 Exhibit A — Revision 2, which is incorporated herein, provides the requested text of such 28 amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: orney's Office CA16988 R-3 November 6, 2025 EXHIBIT A, REVISION 2 CHARTER AMENDMENT Protecting the Blue Line Background: In 1979, the City of Virginia Beach established a growth boundary, known as the Green Line, to both safeguard rural and agricultural property and limit local spending. The Green Line was adopted, but not formally named, in 1979 to distinguish zoning districts, with residential zones north and agricultural ones south.The 1985 Comprehensive Plan formalized the Green Line and has remained in the same location. The City continues to recognize the role of the Green Line in limiting development south into the City's rural areas and limits costs of expanding infrastructure and services. In 2004, the City's Public Utilities Department introduced the Blue Line as an urban services boundary, which established a hard stop for further southernly expansion of City water and sewer services. While the Green Line has historically been the primary growth management tool in the city's Comprehensive Plan, the Blue Line serves as an important additional tool. Recognizing the Blue Line will help ensure a predictable gradient between the City's urbanized areas and its protected natural, rural, and agricultural areas. Request: The City of Virginia Beach requests that the General Assembly amend the City of Virginia Beach Charter to require an affirmative supermajority vote of three-fourths of all members of City Council to rezone property south of the Blue Line to a higher density or a more intense zoning district. Language: Amend City Charter to add Section 2.03. Procedure for Land Use Approvals South of the Blue Line (a) As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extends eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean. (b) No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the City Council. (c) No extension of public water and sanitary sewer ("public system") shall extend south of the blue line absent a public hearing conducted pursuant to Virginia Code 15.2-1427 and a finding by the City Council that: L There is adequate capacity in the public system at the point of connection to accommodate the additional flow; ii. In the written opinion of the Virginia Department of Health, the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; 1 EXHIBIT A, REVISION 2 iii. The principal use of the property served by the existing on-site utilities is not changed; and iv. The extension is to serve (a) an existing development, (b)the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion or (c) the reconstruction or expansion of an existing residence by no more than 10% of existing floor area or residential development where no additional dwelling units are constructed. 2 \NIA-BE,1I (110e psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years With T-Mobile Northeast, LLC for 5 Parking Spaces at the 31 st Street Parking Garage PUBLIC HEARING DATE: October 21, 2025 MEETING DATE: November 18, 2025 ■ Background: The City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority jointly own the condominium property known as the 31 st Street Parking Garage (the "Parking Garage"). The 31 st Street Parking Garage Condominium Owners Association (the "Association") is responsible for administering the affairs of the Parking Garage. T-Mobile Northeast LLC, a Delaware limited liability company ("T-Mobile") has been leasing 5 parking spaces (the "Premises") on the uppermost level of the Parking Garage since August 1, 2018. T-Mobile uses the Premises for the purpose maintaining antennas and radio equipment to enhance wireless communication at the Oceanfront. The current lease expires on November 30, 2025, and T-Mobile desires to enter into a new lease agreement for the use of the Premises for an additional five years. ■ Considerations: The services provided by T-Mobile will benefit the citizens of the City and visitors to the Oceanfront. Staff supports leasing the Premises and has determined that T-Mobile's use of the Premises does not interfere with or adversely affect the public's use of the Parking Garage. T-Mobile has agreed to pay $20,700 per year for the lease of the Premises. The terms and conditions of the lease are set forth in the Summary of Terms attached to the Ordinance. ■ Public Information: A public hearing will be advertised on October 12, 2025 in The Virginian-Pilot. The public hearing will be held on October 21, 2025. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the lease, change conditions of the lease, or deny leasing the Premises. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager:,V 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS 3 WITH T-MOBILE NORTHEAST, LLC FOR 5 PARKING 4 SPACES AT THE 31ST STREET PARKING GARAGE 5 6 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach 7 Development Authority jointly own the condominium known as the 31 st Street Parking 8 Garage (GPINs: 2428-02-5017 and 2824-01-5951) (the "Parking Garage"); 9 10 WHEREAS, the 31s' Street Parking Garage Condominium Owners Association 11 (the "Association") is responsible for administering the affairs of the Parking Garage; 12 13 WHEREAS, T-Mobile Northeast LLC, a Delaware limited liability company ("T- 14 Mobile") has been leasing 5 parking spaces (the "Premises") on the uppermost level of 15 the Parking Garage since August 1, 2018; 16 17 WHEREAS, T-Mobile is using the Premises for the purpose of installing and 18 maintaining antennas and radio equipment to enhance wireless communication in the 19 City; 20 21 WHEREAS, the current lease expires on November 30, 2025, and T-Mobile 22 desires to enter into a new lease agreement for the use of the Premises for an additional 23 five years; and 24 25 WHEREAS, City staff supports leasing the Premises for the stated purpose as the 26 services provided by T-Mobile will benefit the citizens of the City and will not adversely 27 affect the public's use of the Parking Garage. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager or his designee, as the Association's Executive Officer, is 33 hereby authorized to execute a lease for up to five (5) years between the Association 34 and T-Mobile for the Premises, in accordance with the Summary of Terms attached 35 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed 37 satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 12025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney PYOWorksl Real Estate CA16743 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p050\01078886.doc R-1 October 8, 2025 EXHIBIT A SUMMARY OF TERMS LESSOR: 31 st Street Parking Garage Condominium Owners Association (Condominium Unit Owners: City of Virginia Beach and City of Virginia Beach Development Authority) LESSEE: T-Mobile Northeast LLC, a Delaware limited liability company, authorized to transact business in Virginia PREMISES: Five (5) parking spaces located on the uppermost deck of the 31st Street Parking Garage (GPINs: 2428-02-5017 and 2824-01-5951) TERM: Five (5) years (December 1, 2025 — November 30, 2030) RENT: $20,700 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for maintenance of antennas and radio equipment, and for no other purpose. • Lessee shall comply with all federal, state and local statutes, ordinances and regulations currently in effect or subsequently adopted. • Lessee shall maintain commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). • Lessee shall assume responsibility and liability for any loss or damage resulting from the use of the Premises and shall hold the Lessor harmless for such loss or damage and any related claims. TERMINATION: Either party may terminate the lease by giving sixty (60) days' written notice. LOCATION MAP LASKIN RD (W R/VQ PROM(1)c PVC Omar W/(1)1-3/e 612 KYSFOD CABLE (E) PROPERTY LNE -� PRQOSED T-MOKE t(1)1'OOOIAT FOR/2 GREEN 115AY LEAR AREA QROLIID IPRE ON DURA-BLOK SLEEPERS TO OF1.TA SECTOR f 231LO' 1 I 1 PROPOSED(3) t (Q i T-1108(E PANEL AlfiEAP1A t EIW STAIR P OR PROPOSED ANTENNA YOURT ATTACHED TO COUNTS 1 r 1�\\ STdle 1 3EC, D.BO• _ IQ PARKING GARAGE E))PAIUM ,'�• 1 I PROPOSED T-VOBRE i0P FTOOR PLeu LOT �EOUPVENT CARPET W/PLINTHCH WAY I 'STEEL PLATFCiBIPDETRAItON PAN!ARTFJIiA - 1r�!- 1 ON PROPOSED SLED Ho11NT _, - cnr v 11 RAGE _.--- (E) 1 -SECTOR C.310' '._. I 24 4=PQ Eel - � PROPO60(3) Ol AEI PIL 20t4 f w `..` T-WOBRI PANEL AN70W - a&an PQ in moved) � ' w > I �' ON PROPOSED AID NOUNT _ - PLAT-UM 2WXt20OtWM _ > SECTOR 4 26P PROPOSED rION C. n PARKING '�-. ?OWMARY 5,KffRIIIO Dim Lw OW W E I PART= U LOT o FENCE PANELS W/SJ l8S o,ml.ouc, Q (EDGE PIIOlEC110N SOLUICNS _...—. r.- NOT _ p„ OR EH7IAVALERT) (E) PROPERTY LNE �4 PROPOSED(t)1'PYc mNaAT -- --_ _Q,; - 1 W/(1)1-3/6'6.12 WOW CABLE 1 - t 1 I'CONMT FOR 02 GREEN I TO ALPHASECTOR Sits OR P,R t�M OLTIOI (E) LIGHTPOLE I BAL�PILSW 1 /( -(TTP.) PMTIM"2BOJ112lAII 1 �Y ngm D 1 I PROPOSED(1)t'FTC CONIDW TL� � ONUNISFRITS ATTACHED TO M E 1 I TO ALPHA SECTOR 2 space C-6 PROPOSED/'ME 1 ACCESS CATE [F sw 1 _ PRoioSm STAIR TOPER T[liORARY 6'00'CHARM FT1iCE PANELS W/33 LOS OWN= (E) E)_ERQW I '11 PROTECTION SOLUTIONS PARKING ANTENNA MOM ` pp AL(F1�FQ LOT I (removed) T• ►Nft ANTENNA - 'E ON PROPOSED SLED YOLAIT PRa M(1)r PVC OOIOUT 1-3/6'6112 www CASE t 3Oth ST (t)t'CCNDIAT FOR-GREEN GROUND ORE ON WESDNRS ATTACHED ON TOP OF (60,RAO (E)PARAPET WALL TO ALA AA SECTOR CITY � O Disclosure VB' VIBEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application T-Mobile Is Applicant also the Owner of the subject property? Yeso Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese No(:) If yes, name Representative: Smartlink Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) See attachment. Does the subject property have a proposed or pending purchaser? Yes No e 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, © e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 SECTIONAPPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 G) APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Digitally signed by Shannon Smith 1 Shannon Smith Shannon Smith9 Date.:2025.10.0816:55:16-04'00' 10/08/2025 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the 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 Key officers and directors with parent/affiliate relationships Below are individuals who serve as officers or directors of T-Mobile (or its parent)and also have relationships to affiliated or parent/subsidiary entities. Role at T-Mobile Person Affiliated /parent/subsidiary relationships /T-Mobile US Timotheus Chairman of the CEO/Management Board of Deutsche Telekom AG, Hottges Board,T-Mobile which is majority shareholder and parent(i.e. parent US T-Mobile US) Raphael Director,T-Mobile Senior Vice President, Group Controlling, Deutsche Kubler US Telekom (parent) Thorsten Director,T-Mobile Member of the board of management of Deutsche Langheim US Telekom (parent), overseeing U.S. business, etc. Thomas Director,T-Mobile Former CFO of Deutsche Telekom (parent) Dannenfeldt US Marcelo Director,T-Mobile Has his own investment firm (Claure Group)with Claure US portfolio companies; board role interlocks, but not necessarily a direct T-Mobile subsidiary relation. CEO &Director, As officer, he signs on behalf of T-Mobile and also Mike Sievert T-Mobile US facilitates intercompany agreements among subsidiaries. Former CEO & Served as officer and director across parent and John J. Legere Director,T-Mobile subsidiary entities in integration and merger US documents. Business/corporate entities affiliated or in parent-subsidiary relation with T-Mobile US • ADstruc, LLC • APC Realty and Equipment Company, LLC • Assurance Wireless of South Carolina, LLC • Assurance Wireless USA, L.P. • AT[Sub, LLC • Blis USA, Inc. • Breeze Acquisition Sub LLC • Clearwire Communications LLC • Clearwire Legacy LLC • Clearwire Spectrum Holdings II LLC • Ctearwire Spectrum Holdings III LLC • Clearwire Spectrum Holdings LLC • Fixed Wireless Holdings, LLC • MetroPCS(various state LLCs: e.g. MetroPCS California, Florida, Georgia, Massachusetts, Michigan, Nevada, New York, Pennsylvania,Texas) • Mint Mobile, LLC • Mint Mobile Incentive Company, LLC • Nextel Systems, LLC • Nextel West Corp. • NSAC, LLC • PRWireless PR, LLC • PushSpring, LLC • Sprint Capital Corporation • Sprint Communications LLC • Sprint Solutions LLC • Sprint Spectrum Realty Company, LLC • T-Mobile Central LLC • T-Mobile Innovations LLC • T-Mobile License LLC • T-Mobile MW LLC • T-Mobile Northeast LLC • T-Mobile Puerto Rico Holdings LLC a, r 'sf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located on Barrs Road in Burton Station in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into an Agreement for the Exchange of Property Needed for a Future Pump Station Owned by Air Rail Properties, LLC PUBLIC HEARING: October 21, 2025 MEETING DATE: November 18, 2025 ■ Background: The City of Virginia Beach (the "City") owns 3 parcels of land located at 1229 Barrs Road (GPIN: 1459-71-2229), 1231 Barrs Road (GPIN: 1459-71- 1387) and 1249 Barrs Road (GPIN: 1459-71-3651) located in the Burton Station area of the City (the "City Property"). Air Rail Properties, LLC, a Virginia limited liability company, or an affiliated entity ("Air Rail") owns property located on Air Rail Avenue (GPIN: 1459-82-0098) (the Air Rail Property") The City has identified approximately 10,000 sq. ft. of the Air Rail Property needed for a future City pump station site (the "Exchange Parcel"). The City and Air Rail desire to exchange the City Property for the Exchange Parcel on the terms and conditions set forth in the Summary of Terms attached to the Ordinance as Exhibit A. ■ Considerations: The City Property and the Exchange Parcel would be conveyed at no cost to either party. The City would be responsible for subdividing the Air Rail Property to create the Exchange Parcel. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on October 12, 2025, and held on October 21, 2025. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: r� 1 AN ORDINANCE 1) DECLARING CITY PROPERTY 2 LOCATED ON BARRS ROAD IN BURTON STATION IN 3 EXCESS OF THE CITY'S NEEDS AND 2) AUTHORIZING 4 THE CITY MANAGER TO ENTER INTO AN AGREEMENT 5 FOR THE EXCHANGE OF PROPERTY NEEDED FOR A 6 FUTURE PUMP STATION OWNED BY AIR RAIL 7 PROPERTIES, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") owns-3 parcels of land located 10 at 1229 Barrs Road (GPIN: 1459-71-2229), 1231 Barrs Road (GPIN: 1459-71-1387) 11 and 1249 Barrs Road (GPIN: 1459-71-3651) located in the Burton Station area of the 12 City (the "City Property"); 13 14 WHEREAS, Air Rail Properties, LLC, a Virginia limited liability company, or an 15 affiliated entity ("Air Rail") owns property located on Air Rail Avenue (GPIN: 1459-82- 16 0098) (the "Air Rail Property"); 17 18 WHEREAS, the City has identified approximately 10,000 sq. ft. of the Air Rail 19 Property needed for a future City pump station site (the "Exchange Parcel"); and 20 21 WHEREAS, the City and Air Rail desire to exchange the City Property for the 22 Exchange Parcel on the terms and conditions set forth in the Summary of Terms 23 attached hereto as Exhibit A. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, 27 28 1. That the City Property described herein is hereby declared to be in excess 29 of the needs of the City of Virginia Beach. 30 31 2. That the City Manager, or his designee, is hereby authorized to execute 32 any and all documents necessary for the conveyance of the City Property as 33 contemplated herein, so long as the documents are substantially in accordance with the 34 terms set forth on the Summary of Terms, attached hereto as Exhibit A, and 35 incorporated herein, and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA16755 \\vbgov.com\d fs 1\appl[cation s\c1ly1aw\cycom32\wpdocs\d018\p051\01055469.docx R-1 10/9/2025 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY PARTIES: City of Virginia Beach ("City") and Air Rail Properties, LLC, a Virginia limited liability company, or an affiliated entity ("Air Rail"") CITY PROPERTY: 1229 Barrs Road (GPIN: 1459-71-2229) 1231 Barrs Road (GPIN: 1459-71-1387) 1249 Barrs Road (GPIN: 1459-71-3651) (Approx. 29,498 sq. ft. total) EXCHANGE PROPERTY: Approximately 10,000 sq. ft. of property owned by Air Rail, identified as GPIN: 1459-82-0098 and located in the 1300 block of Air Rail Avenue ("Air Rail Property") PROPERTY TO BE EXCHANGED: The City Property to be conveyed to Air Rail and the Air Rail Property to be conveyed to the City SALE PRICE: None DUE DILIGENCE: 60 days after execution of Exchange Agreement CLOSING: 90 days after execution of Exchange Agreement, or soon thereafter as all conditions are met, including recordation of the subdivision plat CONDITIONS OF EXCHANGE: • The properties to be exchanged will be conveyed "As-Is", free and clear of all liens and encumbrances. • City and Air Rail will each bear their own closing costs, attorney fees and lender fees (if applicable). • City will be responsible for the preparation and recordation of the subdivision plat to create the Exchange Parcel. v y City Property LOCATION MAP „ M 'w AIR 4 r' Exchange Parcel f Disclosure VIRGINIA V-B BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application �F J+A, 1 1' W 1-4`Y` Is Applicant also the Owner of the subject property? Yesehloo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(�rNoo If yes, name Representative: Ll Q11 ti u= Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes No© If yes, list the names of oil 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 0 No if yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 APPLICANTSECTION 1 : • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0- 0 C1' AkS'i:A a Architect/Designer/Landscape © 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent W Q Legal Services a Q L 'v CA°-&z APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Zr Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the 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. 7:'as,.• - .: ... � .e�-'� �..."."" atxr s' lror »...m,.m� � � — �..�;,-"� =fie }& 494 No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: �, �y p as listed on application r LA— 1`�ti 1 '�JP�n T��s L L L Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YeSQ900 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary �'or affiliated business entity I relationship with the applicant. (Attach list if necessary.) M, I, W.t, Does the subject property have a proposed or pending purchaser? Yeso NOW If yes, name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the su ject land or any proposed development contingent on the subject public action? Yes Q Noe If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 Real Estate Broker/Agent/Realtor 0 er Accounting/Tax Return Preparation (2r 0 Architect/Designer/Landscape © a Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 1 t*A 04 -A Legal Services d 0 Lw 9 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. J �.ti�Za►J WnI t`r �.�t'�� fV '` Z� Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 ` yh CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Renewing a Franchise Granted to Cox Communications Hampton Roads, LLC to Construct, Operate, and Maintain a Cable System in the City of Virginia Beach PUBLIC HEARING: October 21, 2025 MEETING DATE: November 18, 2025 ■ Background: The City granted Cox Communications Hampton Roads, LLC ("Cox") a cable television franchise agreement in 2006 ("Franchise"). The Franchise expired in 2016, but the obligations of the Franchise have continued by operation of law. The City and Cox have engaged in Franchise renewal discussions on numerous occasions since 2016, but were unable to negotiate a new agreement due to various factors. Negotiations recently resumed due to the parties' desire to renew the Franchise prior to the acquisition of Cox by Charter Communications, which is anticipated to be completed by mid-year 2026. The City and Cox have agreed upon terms for a renewal franchise agreement ("Renewal Agreement"). ■ Considerations: The term of the Renewal Franchise is ten (10) years with the option for one (1) additional five (5) year extension. The Renewal Agreement: (1) requires Cox to continue paying five percent (5%) of Cox's gross revenue from the provision of cable service in exchange for the non-exclusive right to use the City's streets and public rights-of-way to install cable facilities and operate a cable television system; (2) provides that Cox will continue to provide certain in-kind services to the City, such as the provision of complementary cable television service and digital cable boxes to City and School facilities; (3) increases the Public, Educational, and Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per subscriber per month to $0.50 cents per subscriber per month; (4) requires provision of the City's PEG channels in high definition format; (5) requires Cox to provide four new origination points for PEG programming, which will allow the City to provide live programming from the Virginia Beach Convention Center, the Emergency Operations Center, Economic Development, and the Schools Administration building; and (6) includes the same consumer protection provisions as the current Franchise. Additional terms and conditions of the Renewal Franchise are set forth in the summary of terms attached to the ordinance. ■ Public Information: A solicitation for bids was advertised on October 12, 2025 and on October 13, 2025, as required by Virginia Code §15.2-2101 and §15.2-1427. The bid opening is scheduled for October 21, 2025. A public hearing was advertised on October 12, 2025, as required by Virginia Code §15.2-1813, with public notice via the normal City Council agenda process. The public hearing will be held on October 21, 2025. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technolog�w City Manager:x 1 AN ORDINANCE RENEWING A FRANCHISE GRANTED 2 TO COX COMMUNICATIONS HAMPTON ROADS, LLC 3 TO CONSTRUCT, OPEATE, AND MAINTAIN A CABLE 4 SYSTEM IN THE CITY OF VIRGINIA BEACH 5 6 WHEREAS, the City granted Cox Communications Hampton Roads, LLC ("Cox") 7 a cable television franchise agreement in 2006 ("Franchise"); and 8 9 WHEREAS, the Franchise expired in 2016, but the obligations of the Franchise 10 have continued by operation of law; and 11 12 WHEREAS, the City and Cox engaged in Franchise renewal discussions on 13 numerous occasions since 2016, but were unable to negotiate a new agreement due to 14 various factors; and 15 16 WHEREAS, negotiations recently resumed and the City and Cox have agreed 17 upon terms for a renewal franchise agreement ("Renewal Agreement"); and 18 19 WHEREAS, and term of the Renewal Agreement is ten (10) years with the option 20 for one (1) additional five (5) year extension; and 21 22 WHEREAS, the Renewal Agreement requires Cox to continue paying five percent 23 (5%) of Cox's gross revenue from the provision of cable service in exchange for the non- 24 exclusive right to use the City's streets and public rights-of-way to install cable facilities 25 and operate a cable television system; and 26 27 WHEREAS, the Renewal Agreement provides that Cox will continue to provide 28 certain in-kind services to the City, such as the provision of complementary cable 29 television services and digital cable boxes to City and School facilities; and 30 31 WHEREAS, the Renewal Agreement increases the Public, Educational, and 32 Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per 33 subscriber per month to $0.50 cents per subscriber per month; and 34 35 WHEREAS,the Renewal Agreement requires provision of the City's PEG channels 36 in high definition format; and 37 38 WHEREAS, the Renewal Agreement requires Cox to provide four new origination 39 points for PEG programming, which will allow the City to provide live programming from 40 the Virginia Beach Convention Center, the Emergency Operations Center, Economic 41 Development, and the Schools Administration building; and 42 43 WHEREAS, the Renewal Agreement includes the same consumer protection 44 provisions as the current Franchise; and 45 46 WHEREAS, City staff supports allowing Cox to use the City's streets and rights- 47 of-way for the aforesaid purposes, subject to the terms and conditions set forth in the 48 summary of terms, attached hereto as Exhibit A ("Summary of Terms"). 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Council hereby authorizes the City Manager to execute a Renewal 54 Franchise with Cox in accordance with the Summary of Terms, and such other terms, 55 conditions or modifications, as may be acceptable to the City Manager and in a form 56 deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Offic CA16998 R-1 October 14, 2025 EXHIBIT A-SUMMARY OF TERMS COX FRANCHISE AGREEMENT ("RENEWAL AGREEMENT") Grantor: City of Virginia Beach ("City") Grantee: Cox Communications Hampton Roads, LLC ("Cox") Term: 10 years with the option for one additional 5-year renewal Location: Cox may construct, operate, and maintain a cable system within City's public streets and rights-of-way, subject to obtaining required permits from the City's Planning Department. Fee: City receives five percent (5%) of Cox's gross revenue from the provision of cable service Other Key Terms: 1. Increases the Public, Educational, and Governmental Access Channel ("PEG") fee from its current rate of $0.20 cents per subscriber per month to $0.50 cents per subscriber per month. 2. Cox to provide four new origination points for PEG programming, which will allow the City to provide live programming from the Virginia Beach Convention Center, the Emergency Operations Center, Economic Development, and the Schools Administration building. 3. City's PEG channels to be provided in high definition. 4. Renewal Agreement includes the same consumer protection provisions as the current franchise. 5. Cox will continue to provide certain in-kind services to the City, such as the provision of complementary cable television services and digital cable boxes to City and School facilities. 6. Renewal Agreement contains liquidated damages. Audit: City has right to audit Cox's books and records related to Renewal Agreement. Relocation/Removal: Upon expiration of term, City may require Cox to remove, at Cox's expense, all or any portion of the system from the streets and rights- of-way within the City. Reservation of City can require Cox to relocate Cox's facilities, at Cox's expense, if Street Rights: Cox facilities interfere with City construction, operation, maintenance, or repair of Public Works or public improvement projects. Insurance: Commercial General Liability: $2 Million per occurrence/$3 Million aggregate. Automobile Liability: $2 Million Surety Requirements: 1. $200,000 performance bond 2. $100,000 irrevocable letter of credit Indemnity: Cox shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. } k� APPLICANT'S NAME Cox Communications Hampton Roads, LLC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance 1 Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 Of 5 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: ("'c. Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__Cox Communications Hampton Roads. LLC. ------------------------------ If an LLC, list all member's names: ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) List attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_________________________________ Page 2 of 5 , c-f Virginia Beach If an LLC, list the member's names:---------------------------------------------------------------------- ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 A,,,,, )B, Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Fx-� Accounting and/or preparer of your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ ® Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 V- , Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Catherine Mitchell 10/1 5/2025 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Current Appointments CoxCom, LLC Leadership Team Mark Greatrex -President Perley McBride - Executive Vice President, Chief Financial Officer Len Barlik- Executive Vice President, Chief Network and Field Operations Officer Kia Painter- Executive Vice President and Chief People Officer Colleen Langner - Executive Vice President, Chief Residential Officer Jeff Breaux- Executive Vice President, Chief Commercial Officer Mark Lawson - Executive Vice President, Chief Digital and Information Officer Jessica Shrum- Executive Vice President, Chief Strategy Officer Operational Leadership Sam Attisha -Senior Vice President of Network and Field Operations, West Region Linda King-Senior Vice President Network and Field Operations, Central Region Catherine Mitchell -Senior Vice President, Network and Field Operations—East Region Additional Corporate Officers Mark Gathen -Senior Vice President of Content Acquisition Sonya Middleton -Senior Vice President, General Counsel ST C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Join the Voters in Support of a Charter Amendment to Reflect a 10-1 Method of Elections for Members of the City Council MEETING DATE: November 18, 2025 ■ Background: On May 6, 2025, the City Council adopted a resolution calling for the submission of a charter change question to the qualified voters of the City. At the November 2025 election, the voters of the City answered the referendum question in the affirmative with more than 53% of the votes in favor of the charter amendment. By operation of law, the results of the referendum election are transmitted to the City's General Assembly delegation. It is the sense of the City Council that it is necessary and proper for the Council to join its voice to that of the voters. ■ Considerations: The attached resolution provides the sense of the City Council that it is appropriate for the City Council to join the voters in support of the charter amendment to reflect a 10-1 method of elections for members of the City Council and urges the General Assembly and Governor to pass the charter amendment legislation. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested By Mayor Dyer and Councilmembers Cummings, Hutcheson, Remick, Ross-Hammond, Rouse, and Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBERS CUMMINGS, HUTCHESON, REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 A RESOLUTION TO JOIN THE VOTERS IN 2 SUPPORT OF A CHARTER AMENDMENT TO 3 REFLECT A 10-1 METHOD OF ELECTIONS FOR 4 MEMBERS OF THE CITY COUNCIL 5 6 WHEREAS, on May 6, 2025, the City Council adopted a resolution calling for the 7 submission of a charter change question to the qualified voters of the City; 8 9 WHEREAS, at the November 2025 election, the voters of the City answered the 10 referendum question in the affirmative with more than 53% of the votes in favor of the 11 charter amendment; 12 13 WHEREAS, by operation of law, the results of the referendum election are 14 transmitted to the City's General Assembly delegation; and 15 16 WHEREAS, it is the sense of the City Council that it is necessary and proper for 17 the Council to join its voice to that of the voters, 18 19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Council hereby joins the voters in support of the charter amendment to 23 reflect a 10-1 method of elections for members of the City Council and urges the 24 General Assembly and Governor to pass the charter amendment legislation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: J v City A omey's Office CA17016 R-1 November 10, 2025 ,our"'" Nil, Sj wMr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating Kings Grant Road in Honor of Jeremiah A. Denton, Jr. MEETING DATE: November 18, 2025 ■ Background: Jeremiah Denton, Jr. was a distinguished graduate of the wartime-accelerated Class of 1947 at the United States Naval Academy, graduating in June 1946 alongside notable classmates including future President Jimmy Carter, Admiral Stansfield Turner, and Admiral James Stockdale. Following his graduation, Jeremiah Denton earned his wings as a United States Naval Aviator, serving with valor and distinction throughout his naval career, including his assignment to Attack Squadron 42 based at Naval Air Station Oceana in September 1961. At that time, he built a home in the Kings Grant neighborhood of Virginia Beach, where his family lived while he served in the Navy. In July 1965, while leading a bombing raid of twenty-eight jets over North Vietnam from the USS Independence in the Tonkin Gulf, Commander Denton's A-6 Intruder was shot down. He was captured and endured seven years and seven months as a prisoner of war in Hanoi, during which time he suffered prolonged torture, including four years of solitary confinement—two of which were in the infamous "Alcatraz" prison camp. During his captivity, Commander Denton exhibited extraordinary courage and leadership, famously resisting enemy propaganda efforts by blinking the word "TORTURE" in Morse code during a televised interview—providing the first confirmation to U.S. officials that American POWs were being mistreated. Upon his release in 1973, he was the first to step off the plane at Clark Air Force Base in the Philippines, where he addressed the nation with words that moved millions, expressing his gratitude and ending with a heartfelt "God Bless America" and a crisp salute to the flag. He returned to Hampton Roads for treatment at Portsmouth Naval Hospital and later served as Commandant of the Armed Forces Staff College in Norfolk, Virginia, retiring from the Navy in 1977. For his valor, leadership, and service, Admiral Denton was awarded numerous decorations, including the Navy Cross, three Silver Stars, five Bronze Stars, the Purple Heart (twice), the Distinguished Flying Cross, the Defense Distinguished Service Medal, the Navy Distinguished Service Medal, and others—all of which are represented in a shadow box now proudly displayed in his son's law office in Virginia Beach. After retiring from active duty, Jeremiah Denton returned to his native Alabama and continued his service to the nation as a United States Senator. Upon his passing in 2014, Senator Denton was honored with a memorial service in the Kings Grant community of Virginia Beach, where his family were original residents, and was laid to rest with full honors at Arlington National Cemetery. In lasting tribute to his service and sacrifice, the United States Navy christened the USS Jeremiah Denton (DDG 129), a Jeremiah A. Denton, Jr. Street Designation Page 2 of 2 guided missile destroyer, on June 28, 2025, in Pascagoula, Mississippi, with commissioning expected in 2027. ■ Considerations: In recognition of the life, courage, and patriotism of the late Admiral and Senator Jeremiah Denton, Jr.—a true American hero—whose legacy of service, sacrifice, and steadfast dedication to his country continues to inspire generations of Americans, this resolution designates Watergate Lane in honor of Jeremiah A. Denton, Jr., and it directs the City Manager to cause signage in honor of Admiral Denton to be erected at Kings Grant Road. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution REQUESTED BY THE CITY COUNCIL REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION DESIGNATING KINGS GRANT ROAD IN 2 HONOR OF JEREMIAH DENTON, JR. 3 4 WHEREAS, Jeremiah Denton, Jr. was a distinguished graduate of the wartime- 5 accelerated Class of 1947 at the United States Naval Academy, graduating in June 6 1946 alongside notable classmates including future President Jimmy Carter, Admiral 7 Stansfield Turner, and Admiral James Stockdale; 8 9 WEHREAS, following his graduation, Jeremiah Denton earned his wings as a 10 United States Naval Aviator, serving with valor and distinction throughout his naval 11 career, including his assignment to Attack Squadron 42 based at Naval Air Station 12 Oceana in September 1961; 13 14 WHEREAS, at that time he built a home in the Kings Grant neighborhood of 15 Virginia Beach, where his family lived while he served in the Navy; 16 17 WHEREAS, in July 1965, while leading a bombing raid of twenty-eight jets over 18 North Vietnam from the USS Independence in the Tonkin Gulf, Commander Denton's A- 19 6 Intruder was shot down. He was captured and endured seven years and seven 20 months as a prisoner of war in Hanoi, during which time he suffered prolonged torture, 21 including four years of solitary confinement—two of which were in the infamous 22 "Alcatraz" prison camp; 23 24 WHEREAS, during his captivity, Commander Denton exhibited extraordinary 25 courage and leadership, famously resisting enemy propaganda efforts by blinking the 26 word "TORTURE" in Morse code during a televised interview—providing the first 27 confirmation to U.S. officials that American POWs were being mistreated; 28 29 WHEREAS, upon his release in 1973, he was the first to step off the plane at 30 Clark Air Force Base in the Philippines, where he addressed the nation with words that 31 moved millions, expressing his gratitude and ending with a heartfelt "God Bless 32 America" and a crisp salute to the flag; 33 34 WHEREAS, he returned to Hampton Roads for treatment at Portsmouth Naval 35 Hospital and later served as Commandant of the Armed Forces Staff College in Norfolk, 36 Virginia, retiring from the Navy in 1977; 37 38 WHEREAS, for his valor, leadership, and service, Admiral Denton was awarded 39 numerous decorations, including the Navy Cross, three Silver Stars, five Bronze Stars, 40 the Purple Heart (twice), the Distinguished Flying Cross, the Defense Distinguished 41 Service Medal, the Navy Distinguished Service Medal, and others—all of which are 42 represented in a shadow box now proudly displayed in his son's law office in Virginia 43 Beach; 44 45 WHEREAS, his wife, the late Jane Denton, was a tireless and courageous 46 advocate for American POWs and their families, co-founding the National League of 47 Families of Prisoners of War and Missing in Action—work that was instrumental in 48 promoting humane treatment and securing the release of American servicemembers., 49 50 WHEREAS, after retiring from active duty, Jeremiah Denton returned to his 51 native Alabama and continued his service to the nation as a United States Senator,. 52 53 WHEREAS, upon his passing in 2014, Senator Denton was honored with a 54 memorial service in the Kings Grant community of Virginia Beach, where his family were 55 original residents, and was laid to rest with full honors at Arlington National Cemetery; 56 57 WHEREAS, in lasting tribute to his service and sacrifice, the United States Navy 58 christened the USS Jeremiah Denton (DDG 129), a guided missile destroyer, on June 59 28, 2025, in Pascagoula, Mississippi, with commissioning expected in 2027; and 60 61 WHEREAS, that the City Council honors the life, courage, and patriotism of the 62 late Admiral and Senator Jeremiah Denton, Jr.—a true American hero—whose legacy 63 of service, sacrifice, and steadfast dedication to his country continues to inspire 64 generations of Americans; 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 67 OF VIRGINIA BEACH: 68 69 That the City Council hereby designates Kings Grant Road in honor of Jeremiah 70 A. Denton, Jr. and hereby directs the City Manager to cause signage in honor of 71 Admiral Denton to be erected at Kings Grant Road. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16940 R-4 October 21, 2025 V ashy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Naming the 24th Street Stage as "The Robert 'Bobby' N. Melatti Stage MEETING DATE: November 18, 2025 ■ Background: Robert "Bobby" Nicholas Melatti was born in New York City to a musical family and began his career in the performing arts as a stagehand at the Metropolitan Opera. He later worked as a production manager for Cellar Door, which brought him to Virginia in 1978 and allowed him to build strong connections in the music industry while producing major concerts and tours. In Virginia Beach, he founded and directed Beachevents, the City's entertainment contractor for the Oceanfront, producing inclusive cultural festivals and concerts. He helped establish the Virginia Legends Walk to honor notable Virginians and served on multiple City boards and commissions for more than two decades. Dedicated to education, he earned degrees from Old Dominion University, served on the Virginia Beach School Board, and supported scholarships for young artists. Throughout his life, he was recognized with numerous awards, including two Human Rights Awards and the Bobby Melatti Attractions and Entertainment Award, an annual award, named in his honor, that is presented as part of the Convention and Visitors Bureau's National Travel and Tourism Week celebration. ■ Considerations: In recognition of his tireless dedication to public service, education, and civic engagement that has enriched our City and the lives of so many, this resolution acknowledges Bobby Melatti's extraordinary contributions to the City by naming the Oceanfront 24th Street Stage in his honor. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Resolution Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Cummings, Henley, Hutcheson, Jackson-Green, Remick, Ross-Hammond and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, HENLEY, HUTCHESON, JACKSON-GREEN, REMICK, ROSS-HAMMOND AND SCHULMAN 1 A RESOLUTION NAMING THE 24th STREET STAGE AS 2 "THE ROBERT `BOBBY' N. MELATTI STAGE" 3 4 WHEREAS, Robert "Bobby" Nicholas Melatti was born in New York City into a 5 musical family; his father Nicholas was a concert master, and his mother Jean was a 6 soprano with the Metropolitan Opera; 7 8 WHEREAS, after high school graduation, he began an apprenticeship as a 9 stagehand at the Metropolitan Opera and later became a production manager for Cellar 10 Door, traveling from venue to venue and building relationships in the music industry; 11 12 WHEREAS, his work for Cellar Door brought him to Virginia in 1978, producing 13 everything from nightclub acts to The Rolling Stones, and he toured with Van Halen, 14 David Lee Roth, and Guns N' Roses; 15 16 WHEREAS, he created and served as program director of Beachevents, the City 17 of Virginia Beach's entertainment contractor for the Oceanfront, taking great care to 18 ensure an inclusive Resort Area for all by producing entertainment and cultural events 19 including Funkfest, Latin Fest, FilFest, and the SkyFest, and he produced hundreds of 20 concerts and events at the Oceanfront's stages, including the 24th Street Stage; 21 22 WHEREAS, he played a key role in creating the Virginia Legend's Walk at the 23 Oceanfront to honor great Virginians, past and present; 24 25 WHEREAS, for more than twenty years, he served as a volunteer member of 26 City boards and commissions, including the Resort Advisory Commission, the Arts and 27 Humanities Commission, the Human Rights Commission, and the VB VA250 28 Committee; 29 30 WHEREAS, he strongly valued education, earning both bachelor's and master's 31 degrees from Old Dominion University; he served with distinction as an elected member 32 of the Virginia Beach School Board; and he supported scholarships for promising young 33 artists, including the Roupas-Melatti Scholarship for graduates of the Visual & 34 Performing Arts Academy at Salem High School; 35 36 WHEREAS, he received numerous awards and recognitions for his support of 37 the arts and our City, including two Human Rights Awards and the Bobby Melatti 38 Attractions and Entertainment Award, an annual award, named in his honor, that is 39 presented as part of the Convention and Visitors Bureau's National Travel and Tourism 40 Week celebration; 41 42 WHEREAS, he was a friend, mentor, and guiding light to many, and his tireless 43 dedication to public service, education, and civic engagement has enriched our City and 44 the lives of so many; and 45 46 WHEREAS, the City Council desires to acknowledge Bobby Melatti's 47 extraordinary contributions to the City by naming the 24th Street Stage in his honor, 48 49 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 That the 24th Street Stage shall henceforth be known as, "The Robert `Bobby' N. 53 Melatti Stage." 54 55 Adopted by the City Council of the City of Virginia Beach, Virginia, this 56 day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16938 R-5 November 7, 2025 r � r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Modification of a Construction Contract for the Bow Creek Stormwater Park - Section I MEETING DATE: November 18, 2025 Background: The Bow Creek Stormwater Park is a subproject of the Windsor Woods, Princess Anne Plaza and the Lakes (WW-PAP-TL) master project. The intent of the project is to provide approximately 300 acre-feet of stormwater storage to work in conjunction with other WW-PAP-TL flood control projects that are currently in design. This requires the excavation and offsite disposal of over 1 M cubic yards of earth material, sanitary force main abandonments, and the installation of internal stormwater systems. Passive and active recreational components such as walking and mountain biking trails are also included in the project. All construction is located on City owned property and/or within the limits of City owned right-of-way. The project has incurred unexpected expenses and will result in the construction contract exceeding the original by more than 25%. The main driver of the increased cost include: o Excavated material was intended to be hauled to Landfill #2 for nightly cover. However, due to unexpectedly poor material condition, the spoil material has been redistributed to alternate disposal locations. This includes routing of excavated materials to several independent sites resulting in longer haul trips and disposal fees that were not originally anticipated. The project is currently funded solely by local funds with a total project cost of approximately $28,411,237. ■ Considerations: The attached resolution provides the requisite approval by the City Council to allow the City to increase the construction contract to meet the project requirements. The funding for such increase, $8,000,000, will come from within the current Capital Project#100516. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Resolution. ■ Attachment: Resolution; Disclosure Form Recommended Action: Approval Submitting Dep ment/Agency: Department of Public Works City Manager: f4y I A RESOLUTION APPROVING THE MODIFICATION 2 OF A CONSTRUCTION CONTRACT FOR THE BOW 3 CREEK STORMWATER PARK - SECTION 1 4 5 WHEREAS, in June 2023, the City executed a contract with Trident Civil, Inc. to 6 provide construction services for Capital Project # 100516, "Bow Creek Stormwater 7 Park — Section I" 8 9 WHEREAS, due to overruns of estimated quantities, unforeseen site conditions, 10 poor quality of excavated material and design revisions, the contract requires 11 modifications that exceed 25% of the original contract; 12 13 WHEREAS, the additional construction required to accomplish the scope of this 14 project will increase the contract price by approximately 28% over the original fixed- 15 price contract amount of$28,411,237; 16 17 WHEREAS, the increased funding required is available in the current Capital 18 Project #100516, "Bow Creek Stormwater Park;" and 19 20 WHEREAS, the Virginia Public Procurement Act requires City Council approval 21 of changes to contracts that exceed $50,000 or 25% of the original contract price, 22 whichever is greater. 23 24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA THAT: 26 27 The City Council hereby approves the modification of the aforementioned 28 construction contract with Trident Civil, Inc. with a revised contract price of$36,411,237. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works Atto ey's Office CA16993 R-1 October 6, 2025 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: TRIDENT CIVIL, INC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: FES NO F SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return Financial Services (include ❑ ❑ lending/banking institutions and current mortgage holders as applicable) ❑ ❑X Legal Services ® ❑ Broker/Contractor/Engineer/Other TRIDENT CIVIL, INC Service Providers GENERAL CONTRACTOR CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to th Co cil ac 'on upon this Application. CATHERINE LAW 10/01/25 APPLI IGNATURE/ PRINT NAME DATE ua� r•���yet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as Harbor Canal, located at the rear of 2361 Leeward Shore Drive. MEETING DATE: November 18, 2025 ■ Background: Alisa S. Dart (the "Applicant"), requests permission to maintain an existing timber bulkhead, a timber pier and a timber deck, and to construct and maintain a timber pier addition, a four (4) timber pile aluminum boat lift, and a EZ dock jet ski float (collectively, the "Temporary Encroachment") into City-owned property known as Harbor Canal, located at the rear of 2361 Leeward Shore Drive (GPIN 1499-99- 6846). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Harbor Canal, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estatelo" City Manager:4W 1 Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 HARBOR CANAL, LOCATED AT THE 7 REAR OF 2361 LEEWARD SHORE 8 DRIVE. 9 10 WHEREAS, Alisa S. Dart (the "Applicant"), requests permission to maintain 11 an existing 45 linear foot timber bulkhead, a 5' x 18' timber pier and an 8' x 12' timber 12 deck, and to construct and maintain an 18' x 30' timber pier addition, a 12' x 13'four timber 13 pile aluminum boat lift and a 5' x 14' EZ dock jet ski float (collectively, the "Temporary 14 Encroachment") into City-owned property known as Harbor Canal, located at the rear of 15 2361 Leeward Shore Drive (GPIN 1499-99-6846); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property and easements subject to such terms and conditions as Council may 20 prescribe. 21 22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Applicant, her heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 29 REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, 30 EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR 31 TIMBER PILE ALUMINUM BOAT LIFT, & PROPOSED EZ DOCK JET SKI FLOAT FOR: 32 ALISA S. DART 2361 LEEWARD SHORE DRIVE LOT 227, SECTION 2, BAY ISLAND, 33 M.B. 48, PG. 15," Scale: 1" = 40', dated: July 22, 2024, prepared by: Stone Green 34 Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and on file in the 35 Department of Public Works and to which reference is made for a more particular 36 description; 37 38 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 41 been presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and i 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2025. CA16732 R3 Prepared: October 14, 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P B IC WOR S, REAL ESTATE DAN R. HARMEYER DEPUTY CITY ATTORNEY 2 DART ENCROACHMENT EXHIBIT \ HARBOR CANAL HARBOR CANAL NOW OR FORMERLY —'EBB CITY OF VIRGINIA BEACH �LOOD—= EX.PIER AND MOORING 43.91" PILES OF APO TO REMAIN f r/ST 18'PIE R— -- Jv�r�o 2l oNG F4po�ul v, 1y �e�'OOP� M.B.48 PG. 15 �Hf040., 12'DECK /'��\O�eO MOF EX.BU KFEADSE EXISTING CONDITIONS EX.TIMBER PIER& TIMBERBU KHEAD PIER DETAIL 1"=30' u v N 36°45'0l"E W E E 42,39' \ w ¢ l `` , 18' a = w / PATIO i i Y `o? o N1 zo ECK _ -- `� r 12' 11' a; SHED 29' \ LOT 228 p PATIO \TS NOW OR FORMERLY i DECK .\�O KEVIN J.& w ti, DONNA M.KOLLMAN D 2 Slim \2369 LEEWARD SHORE DRIVE t;, a m 0 p 0 / GPIN: 1499-99-6754 oN Z O ' \. INST:202403013759 v� C O p M.B.48 P. 15/ .n 'DRIVE `. i co o o M G` NZWON \'. i / v, 0 0 -11n �: -I LOT227 PF 'D �°„ m =-I ; NOW OR FORMERLY ALISA S.DART `— 138.7'TO a 2! Q' ! GPIN: 1499-99-6846 SPINDRIFT RD o m INST:202303027480 C1 ' PF' M.B.48 P.1 S /.- ��A T H 67. LEEWARD SHORE DRIVE ----- Digitally signed by 4pAail.com Green Z 50' RIGHT-OF-WAY DN:cN=Seann, ` ` stonpgr�on�pnsulti . SEAN E. GREEN(M.B. 48, PG. 15) G=seas,6N= ee�S lic. No. 0402064005 Date:2025.08.10 10:05:39-04'00' CURVE I RADIUS I ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA ANGLE C1 205.00' 210.00' 200.94' N 24'36'15"E 58"41'46" �0, 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. Fss/ON AL F�G 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY, 3, THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE: 1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCKJET SKI FLOAT STONE GREEN CONSULTING, LLC FOR:ALISA S. DART 4014 MEDINA ROAD H1015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227,SECTION 2, BAY ISLAND, M.B.48, PG. 15 ©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JULY 22, 2024 SHEET 1 OF 2 DART ENCROACHMENT EXHIBIT HARBOR CANAL HARBOR CANAL NOW OR FORMERLY EBB CITY OF VIRGINIA BEACH �LOOD - EX.PIER AND MOORING PILES OF APO TO REMAIN Fx.lsr 31.0'TOTAL WIDTH oFAPO.Busk `ems /�c��oP� M.B.48 PG. 15 OgsN MHW&MLW AT FACE OF EX.BULKHEADS PROPOSED PROPOSED EZ ` , ALUUMINUOMMBOATLIFTPILE IMPROVEMENTS DOCKIETSKI FLOAT ``� PROPOSED TIMBER PIERAODITION PIER DETAIL 1"=30' u v v N 36°45'01"ELLJ Lu cr a � / Pnrlo a M z ^ Q ' POOL \1� 18, 0l CIO 1D ECK 0 SHED 0 .4'.3 . m \ In LOT 228 N o/ PATIO \1s NOW OR FORMERLY N (0/I DEC DECK \�O KEVINJ.& z -4 -1 ^r, DONNA M. KOLLMAN r Z z � ^SHED \�2369 LEEWARD SHORE DRIVE N � m d O O { , `\ GPIN: 1499-99-6754 � o Z � � d `�/ INST:202403013759 0 � ,A-. � v) a0 O o; CONC, \ M.B.48 P. 15/ {' 'a to -n N ct/ DRIVE Lno � O �= m LOT227 ` PF Ln m D -I � NOW OR FORMERLY N z �n ALISA S.DART 138.7'TO cr GPIN: 1499-99-6846 SPINDRIFT RD m INST:202303027480 Cl ~� PF% M.B.48 P.15 .- �F,W H OF LEEWARD SHORE DRIVE ` Digita ly signed by Sea Green - DN:CN=Sean n, 50 RIGHT-OF-WAY 'E= tonc3gLCen�p nsulti plail.con�, SEAN E. GREEN (M.B. 48, PG. 15) ""G=Sean,6N=(26en, =vs (jC. N0. 0402064005 Date:2025.08.10 10:05:42.04'00' CURVE I RADIUS I ARC LENGTH CHORD LENGTH CHORD EiEARING DELTA ANGLE �4 Cl 1 205,00' 1 210.0( 1 N 24'36'15"E I 58'41'46" 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. sS/ONAL E� 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4, THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE: 1" =40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCKIET SKI FLOAT STONE GREEN CONSULTING, LLC FOR:ALISA S. DART 4014 MEDINA ROAD#1015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227, SECTION 2, BAY ISLAND, M.B.48, PG. 15 ©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JULY 22,2024 SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this V� day of� ' 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ALISA S. DART, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "227" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO. VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2361 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 45 linear foot timber bulkhead, a 5' x 18' timber pier and a 8' x 12' timber deck, and to construct and maintain an 18' x 30' timber pier addition, a 12' x 13' four timber pile aluminum boat lift and a 5' x 14' EZ dock jet ski float, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY-OWNED PROPERTY KNOWN AS HARBOR CANAL) 1499-99-6846 (2361 LEEWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Harbor Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM BOAT LIFT, & PROPOSED EZ DOCK JET SKI FLOAT FOR: ALISA S. DART 2361 LEEWARD SHORE DRIVE LOT 227, SECTION 2, BAY ISLAND, M.B. 48, PG. 15," Scale: 1" = 40', dated: July 22, 2024, prepared by: Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Alisa S. Dart, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 Alisa S. Dart STATE OFv,1�� CITY/COUNTY to-wit: The foregoing instrument was acknowledged before me this — L— day of m�er 2025, by Alisa S. Dart. . (SEAL) ON4try Public ® ALICIA AF?IEL DA4VSON NOTARY PUBLIC My Notary Registration Number: COMP.10NWEALTHOFVIRGINIA My Commission Expires- �pY 1QtJ( _AM MVCOMMISSIONEXPIAESNOV.30,2026 COh1MISSION#7922941 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P. BLIC WORK — R AL ESTATE --D -N . HARMEYER DEPUTY CITY ATTORNEY 7 DART ENCROACHMENT EXHIBIT HARBOR CANAL HARBOR CANAL NOW OR FORMERLY -~—EBB / `r CITY OF VIRGINIA BEACH LOOD EX.PIER AND MOORING 43.91—� _ PILES OF APO TOREMAIN� ' 2 F'/ST 18,PIER OFAPp GeU�k f /�c�OOP� M,B.48 PG. 15 12'DECK— —— }\�PQO MOF EX.BULKHEADS E EXISTING r CONDITIONS FffS�_ EX.TIMBER PIER& „_ , TIMBERBULKHEAOPIER DETAIL 1 -30-- v u ;N 36'45'01"E w W W 42.39' W Q " \ , U PATIO t!1 , O ;� ; p, Eo ESJS _ + m Ln Pool \1� +<0 t 12' 11 O1 SHED +� 29' ++\ r \ ' LOT 228 oo� PATIODECK \1s� NOW OR FORMERLY NJ DEC ��Do KEVIN J.& w ti, DONNA M.KOLLMAN vz, 'o > 2 ' SHED \2369 LEEWARD SHORE DRIVE h, -a m O O O / GPIN: 1499-99-6754 o Z rn O 3' \, INST:202403013759 � t i : {T�n D m • • 00 0 ;, y C 0 of 'GONG +\ M.B.48 P. 15 -DRIVE /c 0vQ NTI `� Ct/ ++ ii o �10 10 10mm M' \+ PF t„ o „ OTn � �� LOT227 + c O z m a NOW OR FORMERLY ' gym —1 'o r' O z m E ALISA S.DART 138.7'TO ;u z Q' GPIN: 1499-99-6846 SPINDRIFT RD o < m INST:202303027480 Cl �`•�' PF' M.B.48 P.15 . ��N L T H OF LEEWARD SHORE DRIVE - Digitally signed by Sea Green Z 50 RIGHT-OF-WAY DN:CN=Seag n, $EAN E, GREEN v - tonogcooncppnsUltail.co - (M.B. 48, PG. 15) `=�G=Sean,6N=8 =vS � Rio, No, 0402064005 Date:2025.08.10 10:05:39-04'00' CURVE I RADIUS I ARC LENGTH I CHORD LENGTH CHORD BEARING DELTA ANGLE 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. FSSIOM F,�G 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE: 1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCKIET SKI FLOAT STONE GREEN CONSULTING, LLC FOR: ALISA S. DART 4014 MEDINA ROAD 41015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227,SECTION 2, BAY ISLAND, M.B.48, PG. 15 C�2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 1ULY 22,2024 SHEET 1 OF 2 DART ENCROACHMENT EXHIBIT HARBOR CANAL HARBOR CANAL NOW OR FORMERLY ----EBB CITY OF VIRGINIA BEACH �LOOD- - EX.PIER AND MOORING PILES OF APO TO REMAIN¢/ 2 F*/ST` 31.0'TOTAL WIDTH a / 0o�ys OFAno.801� —�µ /v oP M.B.48 PG. 15 MHW&MLW AT FACE OF EX.BULKHEADS PROPOSED PROPOSEDCKJSKI / ALUMINUMBOATPROPOSED(4) LER FTPILE IMPROVEMENTS DOCK JET SKI ` FLOAT ``� PROPOSED TIMBER -H— _. �K PIER ADDITION PIER DETAIL 1"=30' U U U �y N 36°45'Ol"E z z z w 42.39' \ 5, ly w w w w cc LL ++2 w w PATIO `P 4 d J z POOL \1>, QN ca +`\ `� n i 0 % SHED ++\ __ ES.JS -4'.3'• 11 M \ i L^ LOT 228 PATIO DECK \41 NOW OR FORMERLY r., (0/ DEC KEVINJ.& Z DONNA M.KOLLMAN V1 `O Z � Z SHED \ 2369 LEEWARD SHORE DRIVE N O m 0 p O � ++\ GPIN: 1499-99.6754 o Z � T M 3/ INST:202403013759 co 0 Z'n O 00 0, 'CO NO +\ M.B.48 P. 15/ CO to T _11 a DRIVE ++ 01 N M� \ ° o � SOm0 � PF 0 = m LOT 227 '0 v, m -i NOW OR FORMERLY N �' Z ALISA S.DART 'OK 138.7'TO Z � < GPIN: 1499 99 G84G SPINDRIFT RD m INST:202303027480 Cl '� PF' M.B.48 P.15 -�.-�• pL T H OF LEEWARD SHORE DRIVE ---- D�itally signed by Sea Green DN:CN=Sean n, y 50 RIGHT-OF-WAY E= tonagceencppnsulti gDlail.com, $EAN E. GREEN (M.B. 48, PG. 15) - -1 G=Sean,6N=12reen, =vs 1 Lic. No. 0402064005 Date:2025.08.1010:05:42-04'00' CURVE I RADIUS ARC LENGTH I CHORD LENGTH I CHORD BEARING I DELTA ANGLE I _ C1 205.00' 210.00' _�200.94' � N 24°36'15"E 58°41'46" ,l+ � 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. FSS/QNAL 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 40 80 EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD, EXISTING TIMBER PIER, SCALE: 1"=40' EXISTING TIMBER DECK, PROPOSED TIMBER PIER ADDITION, PROPOSED FOUR TIMBER PILE ALUMINUM ENGINEERING SERVICES PROVIDED BY: BOAT LIFT, & PROPOSED EZ DOCKJET SKI FLOAT STONE GREEN CONSULTING, LLC FOR:ALISA S. DART 4014 MEDINA ROAD#1015,AKRON, OH 44333 2361 LEEWARD SHORE DRIVE (330)400-3811 COA:0407008328 LOT 227,SECTION 2, BAY ISLAND, M.B.48, PG. 15 ©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JULY 22, 2024 SHEET 2 OF 2 9 'q ii.• .` ems. �iiqiw � , p� - os Wil � ` w g-1 YS SAC , i a:t �s3J>U Dart Photo Exhibit IL n • " wY. /'"i t • «, 15 <r T 1 l +x. 4 l,ApRE 4 , , a i e F V * r, o " 4 ,s � n �� . 3 • rR� • i ..r.ESS..+ror. l t rc • L�MII _ {�i• � , tl` ' T LOCATION MAP ENCROACHMENT REQUEST Legend SPINDRIFT RD FOR d ALISA S. DART 1499-99-6846 ~" GPIN: 1499-99-6846 0 100 200 Feet City Property y i SITE NO���R - 5 Q p�Op�R� G`.t.� O KNp�1NG NPR NP�gOR o 0 LOCATION MAP ENCROACHMENT REQUEST 9 .._ SPINDRIFT TT_ FOR ALISA S. DART 1499-99-6846 GPIN: 1499-99-6846 -"�-" 0 100 200 City Property L I =77I Feet L trC �a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Convert Three Part-Time Paramedic Positions to One Full-Time Paramedic Position within the Department of Emergency Medical Services MEETING DATE: November 18, 2025 ■ Background: In FY2023-24, the EMS department converted four vacant full-time employees to twelve part-time paramedics. Prior to this, the department had not utilized part-time personnel. The action was taken to address staffing shortages by providing flexibility to potential employees. In FY2024-25, the City Council approved the conversion of six of these positions back to full-time, as the part-time positions did not meet the needs of the department. ■ Considerations: The use of part-time providers has proven to not be as beneficial as the department had hoped. The amount of effort, time, and resources to fully train and deploy part-time paramedics is challenging. The department struggles to meet daily staffing goals and needs more full-time employees for baseline staffing. In addition, the dynamic nature of EMS scheduling, due to the volunteer components of the system, has proven to be a barrier to effective part-time paramedic usage. Converting these positions to full-time will not change department's total FTE count. The financial impact of the conversion is limited to the cost of benefits associated with full-time employment. These costs can be covered by existing vacancy savings in EMS' budget. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager:oy?�)✓ 1 AN ORDINANCE TO CONVERT THREE PART-TIME 2 PARAMEDIC POSITIONS TO ONE FULL-TIME 3 PARAMEDIC POSITION WITHIN THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT.- 8 9 Three part-time paramedic positions are hereby converted to one full-time 10 paramedic position within the FY2025-26 Operating Budget of the Department of 11 Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -qe-.A B dget and Management Services i y At rney's Office CA17011 R-1 November 3, 2025 t 5�7 Z7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $415,000 from the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: November 18, 2025 ■ Background: The Virginia Beach Police Department requests that City Council approve the use of $415,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2025-2026 Operating Budget-. ➢ Police Leadership Training - $150,000 ➢ Funding for Rental Cars for Crime Suppression Squad - $10,000 ➢ Digital Advertising & Recruiting Campaign - $200,000 ➢ Tactical Equipment for Special Operations Bureau - $25,000 ➢ Storage Facility for Training Bureau - $30,000 _ The Leadership funding will be used for opportunities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police, or other appropriate leadership courses as they come available for suitable staff. The Crime Suppression Squad (CSS) relies on other units to provide covert vehicles for investigative use. The department is currently experiencing a shortage of these types of vehicles. This project will utilize rental vehicles to expand the CSS fleet. The rental cost is inclusive of all maintenance, repairs, and insurance. Funds will allow for the rental of cars for the remainder of the fiscal year. The digital advertising campaign provides funding for a measurable digital advertising strategy to support recruitment efforts. This project will focus on marketing the VBPD as a desirable place to work and the community as an attractive place to live. The SWAT Team in the Special Operations Bureau is requesting the purchase of a camera that can be used for situational awareness during events such as barricade and hostage rescues. The camera is small and portable and can be used in low and no light environments. This equipment will enhance both officer and public safety. The Police Department received a federal grant that funded equipment to be used for maintenance and upkeep at the Creeds training facility, including ATV's, UTV's and a tractor. The Creeds facility does not have an appropriate location to store these items. Funding will provide a structure to keep this equipment secure and out of the elements. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action, as of October 2025, the unassigned fund balance is around $1.6 million. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO APPROPRIATE $415,000 FROM THE 2 FUND BALANCE OF THE POLICE FEDERAL AND STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $415,000 is hereby appropriated, with revenues increased 10 accordingly, from the fund balance of the Police Federal & State Seized Assets Special 11 Revenue Fund to the FY 2025-26 Police Department Operating Budget for police 12 equipment and training. 13 14 2. The City makes no commitment to replace any equipment purchased with 15 these funds. 16 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA17010 R-1 November 3, 2025 Hu e' �z >, v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $41,708 in Private Dredging Revenue to Capital Project #100210 "Hurd's Cove Neighborhood Dredging" MEETING DATE: November 18, 2025 Background: As with all of the Neighborhood Dredging Projects, the Hurd's Cove project is a blend of three funding sources. There is a City-funded spur channel. There is a neighborhood channel supported by a special service district levy of 43.8 cents per $100 of assessed value. Last, the residents have the option to pay an additional fee for the digging of access basins adjacent to their property, which are analogous to driveways. The various activities for this project, including the private access basins, are captured in Capital Project #100210 "Hurd's Cove Neighborhood Dredging." In the Adopted Capital Improvement Plan, the cost of access basins in the Hurd's Cove was estimated to be $396,942. However, after bids were received and during the access basin agreement process, there were additional costs associated with non-vegetated and vegetated wetlands impacts. After providing the updated costs, 40 of the 48 potential access basin property owners agreed to participate in the second cycle of dredging. Now accounting for mitigation fees, the total revenue collected for access basins is $438,650, exceeding the adopted estimate by $41,708. ■ Considerations: The attached ordinance is required to allow for the execution of the work associated with the access basins. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Capital Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager:A�9 1 AN ORDINANCE TO APPROPRIATE $41,708 IN 2 PRIVATE DREDGING REVENUE TO CAPITAL PROJECT 3 #100210 "HURD'S COVE NEIGHBORHOOD DREDGING" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $41,708 in private dredging revenue is hereby appropriated, with revenues 9 increased accordingly, to Capital Project #100210 "Hurd's Cove Neighborhood 10 Dredging." These funds will be used in accordance with access basin dredging 11 agreements. 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: ) - 136dget and Management Services it ney's Office CA17014 R-1 November 4, 2025 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100210 itle:Hurd's Cove Neighborhood Dredging Status:Approved Category:Coastal Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date I FY25 FY26 FY27 FY28 FY29 FY30 Future 2,905,719 2,905,719 Description This project is for the construction of a neighborhood navigation channel system in the Hurd's Cove area.The system will include:a City-funded spur channel leading from the Eastern Branch Lynnhaven River channel;a Neighborhood Dredging Special Service District(NDSSD)that will fund a neighborhood channel to provide access for all NDSSD participants;and elective,individual access basins for each participant.The estimated cost of the initial construction of the individual access basins(to be paid by participants prior to construction)has been included in the project cost.Work includes design,permitting,property acquisition(if necessary),dredging,navigation aids,and monitoring. Beginning in the FY 2019-20 CIP,future City funded spur channels will be funded in project 100274,Neighborhood Dredging Spur Channels. Purpose For well over a decade,the difficulties of removing accumulated sediment have negatively impacted the City's waterfront homeowner's ability to optimize the use of their property and to reclaim necessary navigation channels within the Lynnhaven River.Water quality and habitat have also been severely impacted due to the siltation of the bottomland of the City's water resources.Removal of these shoaling sediments(sands,silts,clays,and organic)will have a very positive,multi-beneficial effect.This project was established after 80%of the affected residents agreed to pay an increased real estate tax rate to address the affected channels as part of the Hurd's Cove NDSSD. History and Current Status This project first appeared in the FY 2015-16 CIP.The NDSSD and this CIP project were established by City Council ordinance on January 20,2015.The NDSSD will run for sixteen(16)years,during which three(3)cycles of dredging are anticipated.The SSD rate will be re-evaluated following the completion of each dredging cycle to ensure all the neighborhood dredging costs are paid by the end of the 16-year period.The projected funding needed for the second and third dredging cycles will be adjusted based on the final cost of the first dredging cycle.The Hurd's Cove NDSSD tax rate is 43.8 cents per$100 of valuation.The transfer station was completed winter 2022/23 and dredging is scheduled to begin December 2023. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 07/15-03/24 600,000 s� Construction 07/22-08/24 2,305,719 • Total Budgetary Cost Estimate: 2,905,719 s 1`y Means of Financing •ID0210 Funding Subclass Amount Local Funding 2,094,762 Pay-As-You-Go-Hurds Cove 414,015 Private Contribution 396,942 Total Funding: 2,905,719 FY 2024-25 to FY 2029-30 347 Capital Improvement Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management to the Department of Emergency Management MEETING DATE: November 18, 2025 ■ Background: The Department of Emergency Management has been awarded an additional $54,350 in funding from the Virginia Department of Emergency Management's Flood Mitigation Grant Program as a pass-through grant from the Federal Emergency Management Agency (FEMA). The additional grant funding of$54,350 is to be utilized for the Flood Mitigation Assistance 2019 Elevation Project, which was originally approved by the City Council on November 9, 2021. The original purpose of this project was to elevate six properties at a total cost of $2,099,358. The Virginia Department of Emergency Management has been granted approval from FEMA for the request to reallocate $54,350 in de-obligated funds from a similar project in another locality. If approved, the total cost of this project will be $2,153,708. ■ Considerations: There is no local match required for this grant. The City coordinates with the relevant homeowners and contractors for this project. Flood Mitigation Assistance grants can pay for the elevation of the home, but other betterments are not reimbursable. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Management City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE DEPARTMENT OF EMERGENCY 4 MANAGEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $54,350 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with revenue increased accordingly, to the FY 2025-2026 11 Operating Budget of the Department of Emergency Management to cover the remaining 12 expenses associated with the Flood Mitigation Assistance 2019 Elevation Project. 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 City ttorney's Office CA17004 R-1 October 20, 2025 4� CS =l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding to the Department of Housing and Neighborhood Preservation for Continuum of Care MEETING DATE: November 18, 2025 ■ Background: Virginia Department of Housing and Community Development (DHCD) has awarded $25,000 to the City as the lead agency for the Virginia Beach Continuum of Care (CoC). These funds were awarded through the community's emergency response system to homelessness in the 2024-2026 Homeless and Special Needs Housing, and Virginia Homeless Solutions Program. Funding will be used in accordance with the grant agreement to support eligible activities: • The development and management of homeless crisis response systems, • Grant administration and reporting of DHCD administered homeless services programs; • Staff training; and • Essential operational tasks. ■ Considerations: A key element of the CoC is fostering collaboration and meaningful community engagement. These funds will be used to hire contractual staff who will work to enhance partnerships among various stakeholders, thereby supporting a coordinated, community-wide strategy to prevent and address homelessness within the area. In addition, the funds will be used to provide essential training in best practices in case management and data collection to increase the efficacy of housing and shelter programs system wide. By investing in skilled personnel and ongoing professional development, the CoC will be better equipped to respond to emerging needs and trends in the community. This proactive approach not only strengthens the effectiveness of current programs but also lays the foundation for innovative solutions and sustainable progress. Ongoing evaluation and adaptation, informed by comprehensive data and stakeholder input, will ensure that resources are allocated efficiently and that interventions remain responsive to those experiencing homelessness. The grant period is August 2025 to June 2026, and funds will be received on a reimbursement basis. ■ Public Information: Normal City Council agenda process ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & Neighborhood Preservation City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING TO THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION FOR CONTINUUM OF 4 CARE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 $25,000 is hereby accepted from the Virginia Department of Housing and 10 Community Development and appropriated, with revenue from the increased accordingly, 11 to the FY 2025-26 Operating Budget of the Department of Housing and Neighborhood 12 Preservation to support Continuum of Care programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Ma agement Services Zorney's Office CA17012 R-1 November 3, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Additional Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: November 18, 2025 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles has awarded grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2025, through September 30, 2026. Officers will use the funding for overtime and equipment needed for enhanced DUI enforcement, and for two (2) officers to attend annual training. ■ Considerations: The grant provides $49,502 in federal pass-through funding from the DMV. This funding consists of $45,002 for officer overtime; $4,500 for ten (10) Preliminary Breath Test (PBT) units. A total of $45,002 has already been accepted and appropriated by the City Council, but the award was updated to $49,502. This ordinance appropriates the additional $4,000 and authorizes a local match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manage11NR 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE ENFORCEMENT 3 OF DUI LAWS AND TO AUTHORIZE AN IN-KIND GRANT 4 MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT.- 8 9 1. $4,000 is hereby accepted from the U.S. Department of Transportation National 10 Highway Traffic Safety Administration via the Virginia Department of Motor 11 Vehicles and appropriated, with federal revenue increased accordingly, to the 12 FY 2025-26 Police Department Operating Budget for overtime, training, and 13 equipment expenses related to DUI enforcement. This appropriation is in 14 addition to a previous approval of$45,002 for DUI enforcement. 15 16 2. A local grant match of in-kind resources within the Police Department equal to 17 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ity Attorney's Office CAI 7005 R-1 October 20, 2025 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, November 18,2025 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2w Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through Iivestreaming 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 duringthe public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by railing 757-385-4303 prior to 5:00 p.m.on November 18,2025. 2. Download WebEx and view the meeting at: s•//vbgov webex com/weblink/register/r79fc7c9cb3e8456c3lc6 cffdbddOcbca The following requests are scheduled to be heard: Jon M Nuckols(Applicant&Property Owner)Change in Nonconformity Address: 1029 Hlllview Boulevard GPIN: 1466121178 City Council: District i (Hutcheson) Amanda Linhart Property Owner:Jane R&Winthrop A Short,Jr Change in Nonconformity Address: 203 75th Street GPIN:2419661999 City Council: District 6(Remick) Catholic Diocese of Richmond(Applicant&Property Owner)Modification of Conditions(Cemetery)Addresses:Two parcels directly east of 3168 Indian River Road GPINs: 1483849641 & 1483950067 City Council: District 2 (Henley) C4-FS, LLC(Applicant& Property Owner) Modification of Conditions (Mink Warehouse) Address: 772 Lord Dunmore Drive GPIN: 1466449952 City Council:District 3(Berlucchi) Wave Church (Applicant & Property Owner) Modification of Conditions (Religious Use)Address:1000 N Great Neck Road GPIN:2408137769 City Council:District 8(Cummings) Brikel, LLC Property Owners: Alton Neal Edwards Jr& Et AI Conditional Rezoning(R-7.5 Residential District to Conditional A-12 Apartment District) Address:2421 Pleasure House Road GPIN:1570408357 City Council:District 9(Schulman) Green Clean Holdings, LLC -Joe Bertuccl Property Owners: Granite Peak Property Investments LP&NG20 LP Conditional Use Permit(Car Wash Facility) Address:1373 N Great Neck Road GPIN:2408187455 City Council:District 8 (Cummings) Small Circle Tattoo Property Owner:VISCORP Conditional Use Permit(Tattoo Parlor) Address: 979 Chimney HIII Shopping Center, Unit 103 GPIN: 1486541674C)ty Council:District 10(Rouse) Bessem 0&Mukong Adeso(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue,Suite 1002 GPIN: 24273224032090 City Council:District 5(Wilson) 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 webslte at https://clerk.virginiabeach.gov/citycouncif forthe most updated meeting information. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT- NOVEMBER 4,2025&NOVEMBER 11,2025-1 TIME EACH K. PLANNING 1. JON M. NUCKOLS for a Change in Nonconforming re expansion to an existing single-family dwelling at 1029 Hillview Boulevard DISTRICT 1 RECOMMENDATION: APPROVAL 2. AMANDA LINHART / JANE R. & WINTHROP A. SHORT, JR for a Change in Nonconforming re expansion to an existing single-family dwelling at 203 75th Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re cemetery for two (2) parcels directly east of 3168 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 4. C4-FS, LLC, for a Modification of Conditions to a Conditional Use permit re mini-warehouse at 772 Lord Dunmore Drive DISTRICT 3 RECOMMENDATION: APPROVAL 5. WAVE CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1000 North Great Neck Road DISTRICT 8 RECOMMENDATION: APPROVAL 6. BRIKEL, LLC / ALTON NEAL EDWARD, JR. & ET AL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District re construction of seven (7) condominium units at 2421 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 7. GREEN CLEAN HOLDINGS, LLC - JOE BERTUCCI / GRANITE PEAK PROPERTY INVESTMENT LP & NG20 LP for a Conditional Use Permit re car wash facility at 1373 North Great Neck Road DISTRICT 8 RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION —APPROVAL 8. SMALL CIRCLE TATTOO / VISCORP for a Conditional Use Permit re tattoo parlor at 979 Chimney Hill Shopping Center, Unit 103 DISTRICT 10 RECOMMENDATION: APPROVAL 9. BESSEM 0. & MUKONG ADESO for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Suite 1002 DISTRICT 5 RECOMMENDATION: APPROVAL W GOODVIEW DR R R 1.0 v R10 ® site N p zoning Jon M Nuckols W7`: Property Polygons 1029 Hillview Boulevard s Feet 0 10 20 40 60 80 Map created by Planning Department on 10/14/2025 s i 6 •'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JON NUCKOLS [Applicant & Property Owner] Change in Nonconformity (addition to a single-family dwelling) for the property located at 1029 Hillview Boulevard (GPIN 1466121178). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: November 18, 2025 ■ Background: The existing single-family dwelling at 1029 Hillview Boulevard was legally constructed in 1965 in conformance with all applicable zoning requirements. The required rear yard setback at the time of construction was 10 feet; however, the requirement was changed to 20 feet, with the adoption of the 1988 Zoning Ordinance. The existing house is 16.9 feet from the rear property line, making the structure legally nonconforming in terms of the rear yard setback. The addition will extend the rear wall of the structure, expanding the primary bedroom and bathroom. ■ Considerations: While the addition will constitute an expansion to the existing nonconformity, only 14 additional square feet will encroach into the rear yard setback. The proposed expansion extends the rear wall plane of the structure; however, as the rear wall is not parallel to the property line, the expansion encroaches less into the rear yard setback than the existing structure. While the existing structure encroaches between 2 and 3.1 feet into the setback, the proposed expansion only encroaches between 1.1 and 2 feet into the same setback. 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 October 8, 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 change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Mayfield Designs, Inc. and titled "The Nuckols Residence", dated July 24, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Jon Nuckols Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. ■ 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:fi�, 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 1029 HILLVIEW BOULEVARD 4 5 WHEREAS, Jon Nuckols (the "Applicant") has made application to the City Council 6 for authorization to expand the nonconforming dwelling located at 1029 Hillview 7 Boulevard and zoned R-10 Residential; 8 9 WHEREAS, this parcel currently contains a single family dwelling that does not 10 meet the current zoning regulations. The dwelling encroaches 3.1 feet into the rear yard 11 setback, which is not permitted under the City Zoning Ordinance. The dwelling was 12 constructed prior to the adoption of the applicable zoning regulations and is therefore 13 nonconforming; 14 15 WHEREAS, the proposed addition includes an expansion to the master bedroom 16 and a new bathroom; 17 18 WHEREAS, other nearby dwellings share the nonconformity to the rear yard 19 setback, making this expansion consistent with the character and development pattern of 20 the surrounding area, 21 22 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 23 approval of this application on October 8, 2025; and 24 25 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 26 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 27 authorizing such action upon a finding that the proposed structure as expanded is equally 28 appropriate or more appropriate to the zoning district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. The change in nonconformity shall be developed in substantial conformance with the 41 conceptual site plan and construction documents prepared by Mayfield Designs, Inc. 42 and titled "The Nuckols Residence," dated July 24, 2025, which has been exhibited to 43 the Virginia Beach City Council and is on file with the Department of Planning and 44 Community Development. 45 46 2. The applicant shall obtain all necessary permits and inspections from the Department 47 of Planning & Community Development. 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 CA16973 R-2 October 3, 2025 2 ► • CouncilApplicant & Property Owner:Jon Nuckols Planning Commission Public Hearing: October 8, 2025 V_B, City - • Project Details Request Change in Nonconformity (Addition to existing nonconforming structure) �s 8.4RKWD�O �9,4p,�GGRST DR 'PO Staff Recommendation HGMEWAR9 Approval NEatHWOpO Gt <Q O Z - CPRTERET P�.. o O - StaffPlanner o PµOAK ct m F HILLVIEW�CT Z Kara McLane r a O y Q A S Location A 1029 Hillview Boulevard KES WARD DR A .+. C�4 WEStWARD DR O GPIJV r 14661211780000 - HOMFlKiNS°ty e°t WAY 3 Site Size 9 HEARTH P 2; 9 w 0.33 acres FOXGLEnwr.T AICUZ L r^ Y f z Less than 65 dB DNL Watershed Chesapeake Bay . �. Existing Land Use and Zoning District w ocoovIEVt DR Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North s ` F W Goodview Drive Fn Single-family dwellings/ R-10 Residential South w Single-family dwellings/ R-10 Residential East Hillview Blvd `, 4 Single-family dwellings/ R-10 Residential " .' West Single-family dwellings/ R-10 Residential Jon N u c ko I s Agenda Item 1 page 1 of 16 Background SummaryofProposal • The applicant is requesting a Change in Nonconformity to build an addition on an existing legally nonconforming dwelling on the approximately 0.33-acre parcel zoned R-10 Residential. • When the dwelling was constructed in 1965, the applicable rear yard setback was 10 feet.The adoption of the 1988 Zoning Ordinance modified the required rear yard setback for properties zoned R-10 Residential to be 20 feet. Since the existing house is 16.9 feet from the property line, the existing dwelling is nonconforming in terms of the rear yard setback. • The proposed addition to the house includes an expansion to the master bedroom and a new bathroom. The expansion will complement the existing structure, featuring a brick exterior, a pewter-gray roof, and white windows and trim. • While the addition will constitute an expansion to the existing nonconformity since approximately 14 square feet will encroach into the rear yard setback, since the addition will be 18 feet from the rear property line, it does not increase the degree of nonconformity beyond what exists today. All other portions of the expansion comply with the dimensional requirements for the R-10 Residential District stated in Section 502 of the City Zoning Ordinance. Zoning History No Zoning History to Report W GOODVIEW DR x F R10- R10 W c 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 Jon Nuckols`. Agenda Item 1 page 2 of 16 Evaluation • • • Section 105 of the Zoning Ordinance states that an expansion to a nonconforming structure can be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than the existing nonconformity. The proposed expansion extends the rear wall plane of the structure; however, as the rear wall is not parallel to the property line, the expansion encroaches less into the rear yard setback than the existing structure. The existing structure encroaches between 2 and 3.1 feet into the rear yard setback, while the proposed expansion encroaches between 1.1 and 2 feet into the same setback. Other nearby dwellings share the nonconformity to the rear yard setback, since many of the adjacent dwellings were built before the adoption of the 1988 Zoning Ordinance. Because of this, the proposed expansion is consistent with the character and development pattern of the surrounding area. Recommended Conditions 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Mayfield Designs, Inc. and titled "The Nuckols Residence", dated July 24, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. Jon Nuckols� Agenda Item 1 page 3 of 16 Comprehensive Plan Information The Comprehensive Plan identifies the subject property as being within the Suburban Area. "Buildings should possess details that can be appreciated at a 'human-scale'. Architectural details should be included in the design of buildings that are scaled to the pedestrian (not to passing motorists), that draw the pedestrian's eye, and that create a memory of the building and the place. Amenity features such as public plazas, staggered storefronts, gazebos, fountains, circular passenger drop-off points and distinctive storefront architecture should be included in the design of retail centers. Visual interest should be provided through window and door details, varied rooflines, consistent textures and color, as well as staggered placement of the buildings. (p. B- 10, Reference Handbook) "The mass, or overall size, and height of the structure should be appropriate to the surroundings." (p. B-10, Reference Handbook) "The side or rear facade of a building located adjacent to and visible from a roadway should be designed so as to possess as much detail as the primary facade." (p. B-10, Reference Handbook) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Public Utility Impacts Water The site currently connects to city water. Sewer The site currently connects to city sewer. Jon Nuckols Agenda Item 1 page 4 of 16 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on September S, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Jon Nuckols Agenda Item 1 page 5 of 16 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 1029 HILLVIEW BOULEVARD 4 5 WHEREAS, Jon Nuckols (the "Applicant") has made application to the City Council 6 for authorization to expand the nonconforming dwelling located at 1029 Hillview 7 Boulevard and zoned R-10 Residential; 8 9 WHEREAS, this parcel currently contains a single family dwelling that does not 10 meet the current zoning regulations. The dwelling encroaches 3.1 feet into the rear yard 11 setback, which is not permitted under the City Zoning Ordinance. The dwelling was 12 constructed prior to the adoption of the applicable zoning regulations and is therefore 13 nonconforming; 14 15 WHEREAS, the proposed addition includes an expansion to the master bedroom 16 and a new bathroom; 17 18 WHEREAS, other nearby dwellings share the nonconformity to the rear yard 19 setback, making this expansion consistent with the character and development pattern of 20 the surrounding area; 21 22 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 23 approval of this application on October 8, 2025; and 24 25 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 26 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 27 authorizing such action upon a finding that the proposed structure as expanded is equally 28 appropriate or more appropriate to the zoning district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. The change in nonconformity shall be developed in substantial conformance with the 41 conceptual site plan and construction documents prepared by Mayfield Designs, Inc. 42 and titled "The Nuckols Residence," dated July 24, 2025, which has been exhibited to 43 the Virginia Beach City Council and is on file with the Department of Planning and 44 Community Development. Jon Nuckols Agenda Item 1 page 6 of 16 45 46 2. The applicant shall obtain all necessary permits and inspections from the Department 47 of Planning & Community Development. 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 CA16973 R-2 October 3, 2025 Jon Nuckols Agenda Item 1 page 7 of 16 __-Proposed Layout THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIP.GIN W I IN MAP BOOK 60.PAGE 25. THIS IS TO CERTIFY THAT I.ON OCTOBER 24,2023,SURVEYED THE PROPERTY SHOWN ON THIS PLATAND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS FLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY,EXCEPT AS SHOWN. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOOOPLNN) AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 515MI0091G. DATED JANUARY 16,2015. LEGEND • NAIUr7 NAIL FOUND • PM(H� PM FOUL HVAC HEATING!AIR CONDITIONING UNIT �TLEI.E PBO. TELEPHONE PEDESTAL LIGHT CONC. CONCRETE iE--k—x FENCE mf 91 94 m0 FDRAINAGEAND UTILITY EASEMENT 0.7 42-CHAIN LINK FENCE C�I NOS°34'l6"E PM(F) CONC. ,„L tl TELE-PED. 1 !1 PIN(F)0'9� _ �i;1a_TUL�SE. 02 NI �VAII C® '."PAOTNKC7:' WALK _�..: W Te oII�,a Jsr � ^STEPS nJ � AW 4O. s1s $ 16y O n>I ONE STORY o f g : Ca 93 "o, BRICK AND FRAME T w C= y I #1029 HILLVIEW BOULEVARD a nr 317 a sro �o STEPS -'YL 120.00' S OS°34'18"W 130.00' Pwn HILL VIEW BOULEVARD (60'PUBLIC RIGHT-OF-WAY) �,S?,j,TH OF o Li PHYSICAL SURVEY OF n c LOT 92 o 10-24-7023 z HOMESTEAD v JEFFREY D. WI-LIAMS > SECTION ONE Li c No.7g5 (LB.60,R 25) EeyD.4l,LUA VIRGINIA BEACH,VIRGINIA t"^D sU?, JON M.FOR NUCKOLS SCALE:1-29 OCTOBER 24,2023 ROUSE-SIRINE ASSOCIATES,LTD. LAND SURVEYORS,MAPPING CONSULT ms&B.UE.QUALITY LEVELS'B-D, www'rouse-sirine.com I 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD I VIRGINIA BEAM VIRGINIA 23462 SUITE 103 TEL(757)490.2300 V,71-IAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TES..(757)903-4695 C 25 SO 75 FEET GRAPHIC SCALE J.D.#1 3 80 0-2 3-522 ACAD:13800-23-522 HOMESTEAD,SEC 1,LOT 92.dwg F.B.881,P.45 Jon Nuckols Agenda Item 1 page 8 of 16 Proposed Site Layout r 4r CHAIN LINK FENCE a ki -I y 05"34'16" E 134 7 PIN t j TELE. PED. ! J Increased Non-conformity CoNa co 92 06 rn ul__ 0 '•AT %. "°• '4 31,r LU 39 d' STEPS VP o - � ao I ONE STORY w o BRICK AND FRAME 2� CD 029 HILLVIEW BOULEVARD CO i t STOOPiv ra Ao rAb 120.09 PIN(F'p S 06"3 l6" W 130.00' Pit` Jon Nuckols Agenda Item 1 page 9 of 16 Proposed Elevation R na xI' a �dHsP^ �iR Y 02 gigs -i { R e fig 01 Icy F .... :...:..:'.ram` .......... I I.fti IA I / 9 1 ` D 11 III 1 II� 14 �N a PLANS PRE PARED FOR:L&&I CONTRMTINO IIII r C MAYFIELD DESIGNS,INC. ® a ADDITION TO 1029 HILLVIEII'BLVD. e EXTERIOR ELEVA'IfONS Jon Nucko4ls Agenda Item 1 page 10 of 16 __ _uxs •ia r Proposed Floor Plan n vN a I' j'. are pgtl:I i Ffi 1 • �i spa _ t j nR I ra e•o' e.I; 6R qp y. n xs IV — R b�A ti'b H ffffff a t' } uassa. aa*s N- b �- Nil p P.3 7 gg I • p-y :TT�.. mrn �q s ; _."-� d uvu' � _a e5� JI � a"ssy� � A p-. �, {, �j,.x �y a s .a• 3 �—._A_._._J E" F ems' 4 .......-.. _ _ .......... •� a �e' 1: f4qg� E� p} i 10? RR ? ITg�j]I'-iPp¢ R9 9 gA 86g4F g \ RIfgg Fy !€ F 63 i + ,t I $ E4 4 eLy 3 3[ -....... •a ".t.::. $3 1: , ........... .. !!! L , :f R i. MIR' MAYN7ELD DESIGNS,INC. �7aPLANI PREPARED FOR:L B M COs7FL%CT1NG� ADDITION TO I029 HILLVIEIV BLVD.i;,,: MASTER BEDROOM ADDITION Jon Nuckols Agenda Item 1 page 11 of 16 .. I .,x,set ✓ �' � � � =.L P i t �e A A ` s F Jon Nuckols Agenda Item 1 page 12 of 16 Disclosure CITY i''i VB' BEACH I 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. SECTION APPLICANT • APPLICANT INFORMATION Applicant Name: Jon Nuckols as listed on application Is Applicant also the Owner of the subject property? Yese Noi If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(pag 3). Does Applicant have a Representative?Yese No0 if yes,name Representative: L&M Contractors, Inc by Rahn McLawhorn, President Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes©NoQ If yes,list the names of all officers,directors,members,or trustees below AND buslnes es that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes . No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the sub ect land or any proposed development contingent on the subject public action? Yes No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in onnection to the subject application or any business operating or to be operated on the property. The n me of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PRO [DER Name entity and or ndividual Financing(mortgage,deeds of trust, O 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Jon Nuckols Agenda Item 1 page 13 of 16 Disclosure SECTION • • DISCLOSURE SERVICE YES NO SERVICE PRO DER Name entity and/or ndividual LAccouOng/tax Return Preparation ( 0 Architect/Designer/Landscape Mayfied0esgns i Architect/Land Planner Construction contractor e Q L S M Contractors,inc Engineer/Surveyor/Agent 0 G Legal Services 0 APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accuro e,l understand that, upon receipt of notif(cation that the application has been scheduled for public hearing i am responsible for updating the information provided her three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection 4ith this application. Jon Nuckols W46 Applicant Name(Print) Applicant Signature f Date t"Parent-subsidiary relationship"means a relationship that exists when one corporat an directlyor indirectly owns shares possessing more than 50 percent of the voting power of anothei corporation,"See State and Local Government Conflict of interests Act, VA.Code 4 2.2.-3101. 2"Affilioted bussiness entity relationship"means"a relationship,other than parent-subi idlory relationship,. that exists when{i)one business entity has a controlling ownership interest in the athe business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or{ili)t .re is shared management or control between the business entitles.Factors that should be consider ed in determining the existence of an affiliated husiness entity relationship include that the some person prsubstantially the some parson 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 oc'bities;resources or personnel on a regular basis or there i%otherwise a close working relationship betwe the entities."See State and local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/29/2025 Kara McLane 10129i2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May.2024 page 2 of 3 Jon Nuckols Agenda Item 1 page 14 of 16 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Jon Nuckols Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes®NoO If yes,list the names of al/officers,directors,members, or trustees below AND busines es that have o parent-subsidiary 1 or affiliated business entity zrelationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes® No(F) If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the sub ect land or any proposed development contingent on the subject public action? Yes® NoQ if yes,name the official or employee,and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in con iection to the subject application or any business operating or to be operated on the property. The name oft e entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or ndividual Financing(mortgage,deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O O _ Accounting/Tax Return Preparation ® (F) ' Architect/Designer/Landscape ) ® Mayfield Designs Architect/Land Planner Construction Contractor ( O L&M Contractors, Inc Engineer/Surveyor/Agent Legal Services © 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accura Te. 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 Plann ng Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection w th this application. Jon Nuckols Property Owner Name(Print) Property Owner Signature I Date Disclosure Statement I rev. May-2024 page 3 of 3 Jon Nuckols Agenda Item 1 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jon Nuckols Agenda Item 1 page 16 of 16 Virginia Beach Planning Commission October 08, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #01 Jon M Nuckols Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. The next item on our agenda is item number one, John M.Nuckols, property owner, change in nonconformity. Is there a representative here today?Please come to the mic and state your name for the record. Mr. McLawhorn: My name's Mr. McLawhorn. I'm with L&M Contractors, and I'd be doing the work for Mr.Nuckols. Mr. Coston: Are the conditions acceptable to you? Mr.McLawhorn: I'm sorry? Mr. Coston:Are the conditions acceptable to you? Mr. McLawhorn: Yes. Mr. Coston: Thank you. You may be seated. Mr. McLawhorn: Thank you. Mr. Coston: Is there any opposition to this item being placed on the consent agenda?Hearing none,we've asked Commissioner Camp to read this item into the record. Mr. Camp: This application is a request for a change in nonconformity in addition to an existing nonconforming structure at 1029 Hillview Boulevard. The dwelling was constructed in 1965. The applicable rear yard setback was 10 feet. In 1988,the city adopted the zoning ordinance for requiring a larger setback in the rear,to 20 feet. The existing house is only 16.9 feet from the property line. The expansion will not encroach further than the existing house, and therefore we see no issue with this and place it on the consent agenda for approval. (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, sir. Madam Chair,that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items for records of minutes. Items 1, 2, 3,4, 11, 12, and 13. Ms. Cuellar: Thank you, Vice Chair. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: I would like to note my abstention from item 4. I think we're going to ask that after, but I'm beating you to the punch.And I do move to approve with also the abstentions noted by Commissioner Camp in the minute portion of the consent agenda. Ms. Cuellar: And is there a second? Ms. Schoonover: I second. Ms. Cuellar: So,we have a motion for approval by Commissioner Plumlee for the consent agenda,with his notation of the abstention for the letter that is on file. We have a second by Commissioner Schoonover. Madam Clerk: The vote is open. By recorded vote of 10 to 0,with all aforementioned abstentions and minutes, items 1, 2, 3, 4, 11, 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. You may remain at the meeting, either virtually or in person, but you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers/Conditions 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Mayfield Designs, Inc. and titled "The Nuckols Residence", dated July 24, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. R5Rf R5R R5R( 7 5TH ST SS ® Site " p zoning Amanda Linhart wr; Property Polygons 203 75th Street s Feet 0 5 10 20 30 40 Map created by Planning Department on 10/14/2025 a,Sy,G y'1C�� 1 4V:�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMANDA LINHART [Applicant] JANE R & WINTHROP A SHORT, JR [Property Owners] Change in Nonconformity (Request to construct an addition to an existing nonconforming single-family dwelling) for the property located at 203 75th Street (GPIN 2419661999). COUNCIL DISTRICT 6 (Remick) MEETING DATE: November 18, 2025 ■ Background: The applicant seeks to build an addition to an existing legally nonconforming single-family dwelling on an approximate 0.19-acre parcel zoned R-5R Residential within the North End Overlay district. The dwelling was constructed in 1945, prior to the establishment of the City's Zoning Ordinance. The existing dwelling is nonconforming to the required 8-foot side yard setback and 20-foot rear yard setback, encroaching 2.1-feet into the side yard and 1.7-feet into the rear yard. The proposed addition to the house includes a new entryway/living room, bedroom, office, bathroom, and deck on the first floor and two bathrooms, a bedroom, a sitting area, and a studio space on a newly constructed second floor. The proposed addition will be approximately 18 feet from the rear property line, with only approximately 13 square feet encroaching into the rear yard setback. ■ Considerations: Section 105 of the Zoning Ordinance states that an expansion to a nonconforming structure can be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than the existing nonconformity. Although the proposed expansion is large in comparison to the existing building, all the dimensional requirements for the R- 5R District can be met except for the rear yard setback. The increased encroachment will extend the house's rear wall to meet the existing structure, allowing for the wall to be continuous and thus avoiding empty pockets along the fagade. The subject property acquired portions of the adjacent, unimproved right- of-way through 2 Street Closures, one in 2020 and another in 2024. As a condition of those approvals a public drainage easement was required over the entirety of the closed area. While the proposed detached garage meets the setback requirements for an accessory structure, and Encroachment Agreement, approved by the City Council, will be required since the structure encroaches into the drainage easement. Amanda Linhart Page 2 of 2 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. The applicant presented the proposal to the North Virginia Beach Civic League, who provided a letter of support for the project. There is no known opposition to this request. ■ Recommendation: On October 8, 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 change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Amanda Linhart and titled "Short Residence", dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No structures shall be permitted in the existing public drainage easement(s) without the approval of an Encroachment Agreement by the City Council. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. ■ Attachments: Staff Report and Disclosure Statements Resolution Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:AV 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 203 75th STREET 4 5 WHEREAS, Amanda Linhart (the "Applicant") has made application to the City 6 Council for authorization to expand the nonconforming structure located at 203 75th Street 7 and zoned R-5R Residential and North End Overlay; 8 9 WHEREAS, this parcel currently contains a single family dwelling that does not 10 meet the current zoning regulations. The dwelling encroaches 2.1 feet into the side yard 11 and 1.7 feet into the rear yard setbacks, which is not permitted under the City Zoning 12 Ordinance. The dwelling was constructed prior to the adoption of the applicable zoning 13 regulations and is therefore nonconforming; 14 15 WHEREAS, the proposed addition to the house includes a new entryway, living 16 room, bedroom, office, bathroom, and deck on the first floor and two bathrooms, a sitting 17 area, and a studio space on a newly constructed second floor; 18 19 WHEREAS, due to the limited nature of the nonconformity, the expansion is 20 reasonable and consistent with similar variances related to nonconforming structures; 21 22 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 23 approval of this application on October 8, 2025; and 24 25 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 26 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 27 authorizing such action upon a finding that the proposed structure as expanded is equally 28 appropriate or more appropriate to the zoning district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. The change in nonconformity shall be developed in substantial conformance with the 41 conceptual site plan and construction documents prepared by Amanda Linhart and 42 titled "Short Residence," dated May 15, 2025, which has been exhibited to the Virginia 43 Beach City Council and is on file with the Department of Planning and Community 44 Development. 45 46 2. The structure shall be developed in substantial conformance with the elevations 47 prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025, which 48 has been exhibited to the Virginia Beach City Council and is on file with the department 49 of Planning and Community Development. 50 51 3. No structures are permitted in the existing public drainage easement(s) without the 52 approval of an Encroachment Agreement by the City Council. 53 54 4. The applicant shall obtain all necessary permits and inspections from the Department 55 of Planning and Community Development. 56 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 Attorneys O ice Development CA16972 R-3 October 3, 2025 2 Agenda A•• •. Linhart CouncilProperty Owner:Jane R and Winthrop A Short, Jr Planning Commission Public Hearing: October 8, 2025 VB' City • Project Details Request Change in Nonconformity (Request to construct an _ addition to an existing nonconforming single-family ° i dwelling.) t RTM y ° m cF Staff Recommendation Approval00 Staff Planner 9 GZ m Laine Harrington 6TMst Z75tH SZ ° Location 203 75th Street SSHst �` p m GP/N 24196619990000 m mZi Site Size ,a°SS 0.19 acres A/CUZ T Less than 65 dB DNL «E°" yGpk DR p O 1ZN�St m Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling/ R-5R Residential & Northi± End Overlay Surrounding Land Uses and Zoning Districts North Single-family dwellings, Duplex dwellings/ R-511 Residential South 75th Street Single-family dwellings, Duplex dwellings/ R-511 Residential East Single-family dwellings, Duplex dwellings/ R-5R Residential West Single-family dwellings, Duplex dwellings/ R-511 Residential Amanda Linhart Agenda Item 2 page 1 of 20 Background ► SummaryofProposal • The applicant is requesting a Change in Nonconformity to build an addition to an existing legally nonconforming single-family dwelling on an approximate 0.19-acre parcel zoned R-511 Residential within the North End Overlay district. • The dwelling was constructed in 1945, prior to the establishment of the City's Zoning Ordinance. The existing dwelling is nonconforming to the required 8-foot side yard setback and 20-foot rear yard setback, and encroaches 2.1 feet into the side yard and 1.7 feet into the rear yard. • The proposed addition to the house includes a new entryway/living room, bedroom, office, bathroom, and deck on the first floor and two bathrooms, a bedroom, a sitting area, and a studio space on a newly constructed second floor. The house will have a bronze metal roof with composite siding, and the window trim will match the color of the siding. • While the addition will constitute an expansion to the existing nonconformity since approximately 13 square feet will encroach into the rear yard setback, since the addition will be approximately 18 feet from the rear property line, it does not increase the degree of nonconformity beyond what exists today. All other portions of the proposed expansion comply with the dimensional requirements for the R-5R Residential district stated in Section 502 of the City Zoning Ordinance. HistoryZoning R Map Key No. Request 1 STC Approved 01/17/2024 2 STC Approved 09/16/2020 1 3 SVR Approved 09/28/2004 R5R(NE) ffl� J RSR(NE) 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 Re MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Amanda Linhart Agenda Item 2 page 2 of 20 Evaluation ► Recommendation Section 105 of the Zoning Ordinance states that an expansion to a nonconforming structure can be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than the existing nonconformity. Although the proposed expansion is large in comparison to the existing building, all the dimensional requirements for the R-5R district can be met except for the rear yard setback. As such, the subject request pertains solely to the portion of the addition that encroaches into the rear yard.The increased encroachment is approximately 13 square feet and will extend the rear wall plane to meet the existing structure, allowing for the wall plane to be continuous and thus avoiding empty pockets along the northern facade of the house. Due to the limited nature of the increase in nonconformity, staff finds the expansion reasonable and consistent with similar variances related to nonconforming structures. The subject property, identified as lot 44A on the subdivision plat recorded on July 18, 2025, acquired portions of an unimproved city right-of-way that bordered the property on its eastern and northern boundary lines. A public drainage easement exists within the area of the acquired property, spanning 10' wide across the northern property line and variable widths along the eastern property line. No development may occur in the easement without the approval of an Encroachment Agreement by the City Council.Any depiction of development within the public drainage easement is conceptual and subject to said approval. Recommended Conditions 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Amanda Linhart and titled "Short Residence", dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No structures shall be permitted in the existing public drainage easement(s) without the approval of an Encroachment Agreement by the City Council. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. Amanda Linhart Agenda Item 2 page 3 of 20 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive . • The Comprehensive Plan identifies the subject property to be within the Suburban Area in the North End Suburban Focus Area. "Attractive and high-quality materials capable of withstanding severe weather events should be used," (p. 1-92, Comp Plan Policy Document).The applicant is proposing the use of composite siding, which is a more durable option for a location so close to the ocean. "The mass, or overall size, and height of the structure should be appropriate to the surroundings" (p. B-10, Reference Handbook).The proposed second story is compatible with surrounding properties, as many houses on 75th street are 1 % - 2 stories. 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. Public Utility Impacts Water The site currently connects to city water. The existing 5/8" water meter(City ID 20245907) may be used to accommodate the proposed use. Sewer The site currently connects to city sanitary sewer. Amanda Linhart Agenda Item 2 page 4 of 20 Public Outreach Information Planning Commission • The applicant met with the North Virginia Beach Civic League on September 16, 2025 to discuss the details of the request. A letter of support was provided to Staff by the civic league as a result of this meeting. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Amanda Linhart Agenda Item 2 page 5 of 20 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 203 75th STREET 4 5 WHEREAS, Amanda Linhart (the "Applicant") has made application to the City 6 Council for authorization to expand the nonconforming structure located at 203 751h Street 7 and zoned R-5R Residential and North End Overlay; 8 9 WHEREAS, this parcel currently contains a single family dwelling that does not 10 meet the current zoning regulations. The dwelling encroaches 2.1 feet into the side yard 11 and 1 .7 feet into the rear yard setbacks, which is not permitted under the City Zoning 12 Ordinance. The dwelling was constructed prior to the adoption of the applicable zoning 13 regulations and is therefore nonconforming; 14 15 WHEREAS, the proposed addition to the house includes a new entryway, living 16 room, bedroom, office, bathroom, and deck on the first floor and two bathrooms, a sitting 17 area, and a studio space on a newly constructed second floor; 18 19 WHEREAS, due to the limited nature of the nonconformity, the expansion is 20 reasonable and consistent with similar variances related to nonconforming structures; 21 22 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 23 approval of this application on October 8, 2025; and 24 25 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 26 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 27 authorizing such action upon a finding that the proposed structure as expanded is equally 28 appropriate or more appropriate to the zoning district than the existing structure. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed nonconforming structure as 34 expanded, will be equally appropriate to the district as is the existing structure under the 35 conditions of approval set forth herein below. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 1. The change in nonconformity shall be developed in substantial conformance with the 41 conceptual site plan and construction documents prepared by Amanda Linhart and 42 titled "Short Residence," dated May 15, 2025, which has been exhibited to the Virginia 43 Beach City Council and is on file with the Department of Planning and Community 44 Development. 45 Amanda Linhart Agenda Item 2 page 6 of 20 46 2. The structure shall be developed in substantial conformance with the elevations 47 prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025, which 48 has been exhibited to the Virginia Beach City Council and is on file with the department 49 of Planning and Community Development. 50 51 3. No structures are permitted in the existing public drainage easement(s) without the 52 approval of an Encroachment Agreement by the City Council. 53 54 4. The applicant shall obtain all necessary permits and inspections from the Department 55 of Planning and Community Development. 56 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 CA16972 R-3 October 3, 2025 Amanda Linhart Agenda Item 2 page 7 of 20 ".FNFRAL NOTES ZONING TABULATION ALLOWED 1 VARIANCE � kE�XkEO EXISTING /RO►GSEO MOMS, vx ^i„c'a:•�.',,.. xuwwogrnn N. w �e u.At leealu ..ax: a 3+.a a:s•.s r.x wwlmwme w a .Js i+oxev. �A.1�Y G 3'•" YAX MC6!s11lA f41f 38N.P5 3.3aA7Y� fX]MYF ",1'x' u kalnSllG +ar CrenN'+94 > prvPYWf a 9�11 1».r {l�p.q,' MAX^.IUlpNO COvf4JaE 3�iH?i4 M. rvG.,, '�' Y/.X utlGUttgi iIl.a rv4'.1.[ FC[tSipRr e W W NC r Upt 1pl UU4 •{kk MaX IMr(XNOUS Ca�AaG4 �A SIi+vX.Xb FXTff D___ a MGM~L<K i 1 1 I 1 I I,0f 5IZT 81 7.5 5F i I IMWIGU5 j I j 44V5f .l..�M..�Xr 1auto", Gil lILC*4 28!M qIa SA ORT i 1 j I RESIDENCE ,'41 11 � ^�. CCM15T..C'b=N GGCUUWR Mbly 1 9V 5fmr i D vo al v = D cro Q CL M v pD _ r rt =3 3 v O N �-! Proposed Layout Fu ...��� �� Z�3 `ram✓ .e...� Y� 1 I f w I I o � { C Oz nMO Itf !00� r s-. ,_• I cts ..,. ,► i c Amanda Linhart Agenda Item 2 page 9 of 20 Proposed Elevation Plan 31 IL AnOandaUnh3rt Agenda Item 2 page 1Oof2O Proposed - , , ' , \ m E § { j , } -C loll \ \ } � \ 17/ \ \ z § $ \ \ } ¢ ! 7` @ , _ §< Amanda Bnhar Agenda Ite m Z page 11 0 20 Proposed • Plan 773 I t • • z z • . !; O O 4 ffj� w € #. w w i p 0z E CL { Amanda Linhart Agenda Item 2 page 12 of 20 Proposed Elevation Plan ki CL Am8ndaUnhart Agenda Item Z page 13nf2O 1 N O m N J O w dA CU CCC6 C (p Q 00 L01 tl H144ON Q v NVId No11z)nsisNo: ` S1N3w11�7UNCN�..+11iN ® _ m L_ 30N90153a WOOS -'- s v tap �•TV ?� ID m • °u. r' Si10N'.Va3N3D•' ry.3inn3u.,•3oo v..'rw,�w.+«r�.w'r�n •w<�,,a. ,�...a...�� OZ jo ST @Bed Z wall epua2v laeyuil epuewv z X i} e c , a 4 }; z z n�n�Alt , !a g! III! pa iv 11101 OR sC�7 3•�g ������ II i $ 5te HI i;ll�s���i Its "i3 sr ! ! aQ13? 11�g .jog t° ;. c ; g t 4 !f jY 9 : +t V n{ E •` 77 77- f ! E s . i s� . ,i_ _ A 2 I 1 jRJU O a d r n S �� t Ueld OOJIJ pasodOJd rh y s �s' 4 a4•F .�z W .y ?d 'T F,. '�6.z'- .✓ .p s: M X+ r I � Amanda Linhart Agenda Item 2 page 16 of 20 Disclosure Vi BEACH Statement r �hR611NIA Disclosure TO 80 The discdosures contained In this form are necessary to infwrn Public officials who may vote on the appticafion as to whether they hove o conflict of interest under Virginia loan. COmpletldn and subrniss on of this form is required for cali applications taut p€rtai 1 to 04'read estate rraptters Otto the development andlor use of property'" of V rgin?o Beath regrririnq OctiOn by the City(.70trrtcli, boards. commissions or rtd,er bodies, SECTIONDISCLOSURE APPLICANT INFORMATION RMATION Applicant Name; tit listed an oppta.at o, Amanda Linhart Is Applicant also the Owner of the subject property? Yeso No(D tnplete SECTION 2.PROPERTY OWNER 0 5t"#0SURF(page 31, Does Applicant have a Representative?Yes(j)Noo _ a7,xrric idt{err _ �xs R Edward Bourdon,Jr„ Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated butsinesa? Ye QINo � yes,t!$t t��tE r3art7t°'4 ill a=tlrtC4"r,directors,rTfEr[!t-Y€'F'S,e r ;'astees t#('lt?3Y1�,ND�i11,$tt3eSSE' t'3t3t 311v LT parernt-subsidiary r or affiliated business entity l relotionship with the applicont.(Attiat l7 list if rteressriry,) Does the subject property have a proposed ro P po or pending Bpurchaser? tf t r ¢. rat7po5ed or r=r tt+irg p€rrthtase7., K C V1 'N INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an Official or employee of the City of Virginia Beach have an Interest in Lhe subject land or any proposed development contingent On the subject public action? Yes +� r"> t;)reir Rr;r a}„,..,,; a' t,m fayt:e,and describe Nw nature Iii thetr tntere'5t,. i APPLICANT SERVICES DISCLOSURE RE4&The Aptatrcctrif must certify whether the following services are being provided in ronnertion to the subject op,pifcation or ony business operotong or to be operated on the property,The narrate of the entity andlor individual providing such services-ust be id ritified-JAtioch list if neressory.) SERVICE YES No SERVICE PROVIDER (Nome entity and/ar irictividtts� Financing(mortgage,deeds of trust, cross•collaterah ation,etc.) 0 E) Real Estate Broker/ ent/Realtor 0 Q Disclosure Statement I rev. May-2024 page i of 3 Amanda Linhart Agenda Item 2 page 17 of 20 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE _YES� .NO _-_---_----5ERVICE PRCIYIDER /ma Ndme milt r an or Lnkyidlrot Accountin /Tax Return Preparation 0 Architect/Designer/landscape Amanda Architect/Land PlannAmandaLirtttar.ALt { Srgn er Construction Contractor *L J �*0 Cunvingbn C raci .Ire. Engineer/Surveyor/Agent /���'*J,, V''+ Timothy M Fad,tim Fal n Lard a ying_PLC Le 15 1 Vices ti:.,/ 0 R EU�Sour at,A.,Esq, &.xrdon3,Ran a Leo..P C APPLICANT CERTIFICATION READ.l rentify thor all information contained in this form as€omplete,truer acid accurate.l undetstand that, upon receipt Of ratification that the ttpphrotion has been scheduled for public hearing;1 aria responsible for updating the irttormati n provided herein three weeks prior to the meeting of Planri;ng Cornmissr'on, tarty Council,Y15DA CBPA,Wetlands hoard or any public body or committee in connection with this application, Amanda Linhart �. "" Amanda Litthart belo r*.W 07 S.,4MW 09124Q025 Applicant Name(Print) Applicant Signature Date Parent-subsidiary relationship'means a relationship that exists when one to,paratlan directly at indirectly owns shares possessing more than 50 percent of the voting pourer 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 entary has a controlling ownership interest in the either business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(rti)there is shared rrtanagernent or CM7trol bet weer The business entities.Factors that should be considered in deterrnrrting the existence of an affiliated business entry relationship include that the,!mate,person or substantially the some person own or manage the two entities;there are common or commingled funds or insets;the business entities share the use of the some offices or employees or otherwise share activities,resources at personnel on a re ulor basis,or there is otherwise a close working relrationship between the entities:'See State and Local Government Conflict of interests Act, Vas.Cade§'42-3101. FOR CITY USE ONLY: No changes as of(date). 1 0�29,12025 Laine Harrington / Y 4A 10129/2025 Staff Name(Print) Staff Signature pate Oisclasure Statement I rev.May-2024 pA`4 2 of 3 Amanda Linhart Agenda Item 2 page 18 of 20 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Winthrop A Short,Jr.&Jane R, Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes()—No@— if yes,list the names of off officers,directors,members,or trustees below AND businesses that hove a xiorent-subsidiYrY 1-or-affiliated h h5t! necessary.) Does the subject property have a proposed or pending purchaser? Yes No@ If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesC) No 11 yes,nome the ofhcfal or employee,and describe the naturf Qf their interest. PROPERTY OWNER SERVICES DISCLOSURE READ., The Owner most certify whether thefollowing services are being provided in connection to the Subject application or any business operating or to be operated an the property, The nome of the entity or individual providing such services most be Identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entt[KA!jgy'trr indlalcturrl ! na-n-c-inji-(mortgage,deeds of trust, cross�collateralization,etc.) 0 @ Real Estate Broker/Agent/Realtor 0 DF Ac c"a 0 ting/Tax Return Preparation Arch scape o Amanda Linhart,ALL Design Architect/Land Planner Covington Contracting, Inc. !Construction Contractor 0 '1 • 10 )Timothy M. Fallon,Tim Fallon Land Engineer/Surveyor/Agent Legal Services (F) 1 0 R, Edward Bourdon, Jr-,Esq.,Sykes, Q--Ana Jlh=jm k 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 hereon three weeks prior to the meeting of Planning Commission, City Council, VSDA COPA, Wetlands Board or any public body or c9mmittee-in connection with this application, Winthrop A,Short.Jr. 09/24/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a V-2024 page 3 of 3 Amanda Linhart Agenda Item 2 page 19 of 20 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Amanda Linhart Agenda Item 2 page 20 of 20 Virginia Beach Planning Commission October 08, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #02 Amanda Linhart Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. The next item is item two, Amanda Linhart, change in conformity. Mr. Bourdon: Thank you, Vice Chair Coston, Madam Chair, members of the Commission.For the record,Mr. Bourdon, Virginia Beach attorney. I'm representing Mr. and Mrs. Winthrop Short, Win is in attendance this afternoon, and a very accomplished architect,their daughter, Amanda Linhart, on this application. A couple of things I feel like I need to put in the record, given the type of variance this is. It's a single-family home that is a legally conforming use in the R5R district, only the structure is non-conforming. As such,the home, having been built in 1945 before there was a zoning ordinance in Princess Anne County,that is the reason why there's slight encroachments and the two setbacks. One of which was not even an encroachment when the first zoning ordinance was imposed,but that's a legally recognized hardship. It isn't shared generally by other properties in that zoning district, and granting the variance will not be detrimental to surrounding properties. And the variance is not contrary to the purpose, intent, or spirit of the ordinance.And all four conditions are acceptable. We appreciate being placed on the consent agenda. Mr. Coston: Thank you, sir. Mr. Bourdon: Thank you. Mr. Coston: Is there any opposition to this item being placed on the consent agenda? Hearing none, we've asked Commissioner Plumlee to read this item into the record. Mr.Plumlee: Yes,the applicant is Amanda Linhart, the property owners are Jane and Winthrop Short. This is 203 75th Street in District 6. The request is to build an addition to an existing legally non-conforming single-family dwelling,with a new entryway, living room, bedroom, office, bathroom on the first floor, a bedroom and sitting area, studio space, and a newly constructed second floor. The house will have a bronze metal roof with composite siding. It will constitute an expansion of this non-conforming use, since approximately 13 square feet will encroach into the rear yard setback. Our planning staff has recommended approval. There is no objection lodged,no speaker and opposition, and the Commission sought fit to place this on the consent agenda. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, sir. Madam Chair, that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items for records of minutes. Items 1, 2, 3, 4, 11, 12, and 13. Ms. Cuellar: Thank you, Vice Chair. Do I have a motion to approve by consent, as read by the vice chair? Mr.Plumlee: I would like to note my abstention from item 4. I think we're going to ask that after,but I'm beating you to the punch.And I do move to approve with also the abstentions noted by Commissioner Camp in the minute portion of the consent agenda. Ms. Cuellar: And is there a second? Ms. Schoonover: i second. Ms. Cuellar: So, we have a motion for approval by Commissioner Plumlee for the consent agenda,with his notation of the abstention for the letter that is on file. We have a second by Commissioner Schoonover. Madam Clerk: The vote is open. By recorded vote of 10 to 0,with all aforementioned abstentions and minutes, items 1, 2, 3,4, 11, 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. You may remain at the meeting, either virtually or in person,but you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers/Conditions 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site plan and construction documents prepared by Amanda Linhart and titled "Short Residence", dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by Amanda Linhart and titled "Short Residence," dated May 15, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No structures shall be permitted in the existing public drainage easement(s) without the approval of an Encroachment Agreement by the City Council. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of City Council Members of Planning Commission City of Virginia Beach Dear Planning Commissioners and City Council Members September 22, 2025 Re: Amanda Linhart(Applicant)Jane R& Winthrop A Short,Jr(Property Owner), Change in Nonconformity,Address: 203 75th Street/GPIN: 2419661999, City Council: District 6 (Remick) The North Virginia Beach Civic League (NVBCL) met with the applicant's architect, regarding this application. The NVBCL Zoning Review Committee (ZRC)has a complete understanding of the architecture and site design proposed. We applaud the applicant for the efforts dedicated to developing well designed additions to this existing structure and the thoughtfulness extended to the site and landscape. The NVBCL ZRC supports this application as presented. Billy Almond 209 - 70th Street Pam Faber 411-52°d Street Willy Fluharty 303 -49th Street Dave Jester 200 -63rd Street Eddie Marscheider 201A-70th Street Jo Anne Moore 300 - 55th Street Bernice Pope 214 -44th Street Bob Roth 7406 Oceanfront Ave. Martin Waranch I I I -66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311-48th Street Jay Woodard 202—74th Street 1 A'G 1 � A'G2 AN R/�FR RD AG ® Site �' ® Zoning Catholic Diocese of Richmond W % F [� Property Polygons Two parcels directly east of 3168 Indian River Road s Feet 0 65 130 260 390 520 Map created by Planning Department on 10/14/2025 k Za> :f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CATHOLIC DIOCESE OF RICHMOND [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Cemetery) for the two parcels directly east of 3168 Indian River Road (GPINs 1483849641, 1483950067). COUNCIL DISTRICT 2 (Henley) MEETING DATE: November 18, 2025 ■ Background: On November 19, 2024, the City Council approved a Conditional Use Permit for a cemetery on AG-1 and AG-2 Agricultural District parcels located within the Interfacility Traffic Area (ITA) and 70-75 dB DNL noise contour. The applicant is now requesting a modification to the approved Conditional Use Permit to revise the conceptual site plan, originally including an office building, cremation gardens, a columbarium, mausoleums, internal roadways, and a stormwater management facility. The revised plan proposes replacing the cremation gardens and two future mausoleums with a 2,750-square-foot funeral chapel, standing 28 feet 3 inches tall and intended solely for funeral and interment services, including indoor graveside services during inclement weather, but not for regular worship activities. Although no minimum parking requirements exist for cemeteries under the Zoning Ordinance, the applicant will provide 51 on-site parking spaces. Due to the site's location within the AICUZ noise zone, the proposal was reviewed by the Joint City-Navy Review Process (JRP) Group, as required by Section 1804(c) of the Zoning Ordinance. The JRP Group found the request to be consistent with the land use compatibility guidelines for this portion of the AICUZ overlay. ■ Considerations: Staff finds, and the Planning Commission concurred, that the request to modify the Conditional Use Permit is acceptable, as the proposed 2,750-square-foot funeral chapel is an accessory use consistent with the approved cemetery and does not increase the site's overall intensity. The modification aligns with the Comprehensive Plan and the Interfacility Traffic Area (ITA) Vicinity Master Plan, which recommends low-intensity, conservation-focused development for the area. The plan designates the property for Agricultural Production and recommends that future development defer to conservation values and maintain low-intensity uses. Catholic Diocese of Richmond Page 2 of 3 The proposed funeral chapel aligns with these recommendations by supporting the cemetery use without introducing incompatible or high-intensity activities. 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 October 8, 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 conditions of the Conditional Use Permit approved by the City Council on November 19, 2024 shall be replaced with the conditions below. 2. The cemetery, when developed, shall be in substantial conformance with the concept plan entitled, "REVISED CONCEPT PLAN PROPOSED CEMETERY CATHOLIC DIOCESE OF RICHMOND INDIAN RIVER SITE VIRGINIA BEACH, VA," prepared by Grever & Ward, Inc., dated September 17, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, including landscaping. 3. The building will be constructed in substantial conformance with the submitted building elevation entitled "CATHOLIC DIOCESE OF RICHMOND — INDIAN RIVER CEMETERY SITE, INDIAN RIVER ROAD, VIRGINIA BEACH, VA — ELEVATIONS — EXTERIOR — SHEET NUMBER A3.0", prepared by ICONIC DEZIGN STUDIOS, dated 04/22/2025 & the building renderings entitled "CATHOLIC DIOCESE OF RICHMOND — CEMETERY CHAPEL AND OFFICE, INDIAN RIVER ROAD SITE, VIRGINIA BEACH, VIRGINIA", prepared by ICONIC DEZIGN STUDIOS, dated 07/01/2025, which have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. The cremation gardens, when developed, shall be located in substantial conformance with the concept plan referenced in Condition 2, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. Additional evergreen trees and shrubs shall be installed and maintained along the last 300.5 feet of the western property line to adequately screen the interior of the cemetery from the adjacent property at 3168 Indian River Road. 6. An adequate water supply to provide fire protection for the proposed building on site shall be approved by the Fire Marshal during site plan review prior to release of the site plan. Catholic Diocese of Richmond Page 3 of 3 7. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Certificates of approval, as required, shall be obtained from the Virginia Department of Health and any other relevant State department or agency prior to the release of the site plan. 9. Prior to final approval of the site plan for the cemetery, a Reservation Agreement between the Diocese and the City shall be recorded among the Land Records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. The Reservation Agreement shall reflect the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 10.The site plan for the cemetery shall show the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 11.Site plan approval shall be contingent on easements or other recorded agreements to address future drainage easement(s) and future access easement(s) for the Catholic Diocese of Richmond following the Proposed Indian River Road Realignment, to preserve drainage of the cemetery and maintenance of the stormwater management system it proposes to construct as part of development of the cemetery. 12.A landscape buffer consisting of a combination of evergreen trees and shrubs shall be installed along the entire length of the southern property line between the existing Indian River Road and the proposed stormwater management facility to ensure adequate screening of the cemetery from the residential properties located along the southside of Indian River Road. 13. If deemed necessary by the City Manager or their designee at the time of site plan approval, a groundwater monitoring well shall be installed and adequately maintained. The installation and maintenance of the well, if required, shall be the responsibility of the applicant. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ' ti Submitting Department/Agency: Planning Department City Manager: 0 Agenda Applicant: Catholic Diocese of Richmond Planning Commission PublicOctober1 CouncilCity Project Details Request Modification of Conditions (Cemetery) Staff Recommendation Approval I Y Staff Planner Marchelle Coleman a 4� Location Two parcels directly east of 3168 Indian River Road GPINs 1483849641 1483950067 sNAo fYoot" �$ Site Size tr • 12.50 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Cultivated Field/AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Cultivated Field/AG-1 & AG-2 Agricultural South Indian River Road Single-family dwellings/AG-2 Agricultural , East Cultivated Field /AG-1 & AG-2 Agricultural West Church/AG-1 & AG-2 Agricultural Catholic Diocese of Richmond Agenda Item 3 page 1 of 18 Background SummaryofProposal • On November 19, 2024, the City Council approved a Conditional Use Permit for a cemetery on these AG-1 &AG-2 Agricultural District zoned parcels. • The site is located within the 70-75 dB DNL noise contour, as defined by the Air Installations Compatible Use Zone (AICUZ) guidelines. • The applicant is now requesting a modification to the approved Conditional Use Permit to revise the conceptual site plan. The original proposal included an office building, cremation gardens, a columbarium, mausoleums, internal roadways, and a stormwater management facility. • While the overall conceptual plan remains largely unchanged, the applicant proposes to replace the previously planned cremation gardens and two future mausoleums with a 2,750-square-foot funeral chapel. • The proposed funeral chapel will have a height of 28 feet 3 inches and will be used exclusively for funeral and interment services, including occasional graveside services relocated indoors due to inclement weather. It will not be used for regular religious services, church congregations, or weekly worship activities. • Although the Zoning Ordinance does not specify minimum parking requirements for cemeteries, the applicant plans to provide 51 parking spaces on-site. • As the site is located in the 70-75 dB DNL noise zone, the application was considered by the Joint City-Navy Review Process (JRP) Group. Section 1804 (c) of the Zoning Ordinance provides regulations that apply to discretionary development applications for uses within the AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. Catholic Diocese of Richmond Agenda Item 3 page 2 of 18 HistoryZoning Map Key No. Request l 1 CUP (Cemetery)Approved AGa 11/19/2024 'i MDC (Religious Use) Approved 2 06/08/2010 CUP(Religious Use)Approved 03/25/2008 A 2' AG2' 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 Modification of Conditions for a Cemetery is, in Staff's opinion, acceptable. As stated previously, the applicant is requesting to modify the Conditional Use Permit to replace previously proposed mausoleums to construct a 2,750 square foot funeral chapel.The chapel is considered an accessory use to the approved cemetery and is consistent with the original intent of the site's development.The proposed change does not increase the overall intensity of use and maintains the character and function of the site as a low- intensity, conservation-oriented land use. As outlined in the Comprehensive Plan, this property lies within Princess Anne Commons and falls under the guidance of the Interfacility Traffic Area (ITA)Vicinity Master Plan. The plan designates the property for Agricultural Production and recommends that future development defer to conservation values and maintain low intense uses.The proposed funeral chapel aligns with these recommendations by supporting the cemetery use without introducing incompatible or high-intensity activities. A Joint City-Navy Review Process (JRP) Group meeting was held on August 27, 2025, to review the proposed development. Land uses within the 70-75 dB DNL noise contour are subject to compatibility standards outlined in Section 1804 of the Zoning Ordinance, which include compatibility tables identifying acceptable uses within noise-affected areas. Cemeteries are listed as compatible within this noise contour, and associated accessory uses may also be deemed appropriate when they directly support the primary use.As such,the proposed chapel is considered an accessory use to the cemetery, rather than a standalone religious facility. Therefore, the JRP Catholic Diocese of Richmond Agenda Item 3 page 3 of 18 Group found the request to be consistent with the land use compatibility guidelines for this portion of the AICUZ Overlay. The proposed funeral chapel supports the primary cemetery function, is limited in scope and intensity, and does not introduce new or incompatible land uses into the high-noise area. Based on the considerations above, Staff recommends approval of this application subject to the conditions provided below. Recommended Conditions 1. The conditions of the Conditional Use Permit approved by the City Council on November 19, 2024 shall be replaced with the conditions below. 2. The cemetery, when developed, shall be in substantial conformance with the concept plan entitled, "REVISED CONCEPT PLAN PROPOSED CEMETERY CATHOLIC DIOCESE OF RICHMOND INDIAN RIVER SITE VIRGINIA BEACH, VA," prepared by Grever& Ward, Inc., dated September 17, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, including landscaping. 3. The building will be constructed in substantial conformance with the submitted building elevation entitled "CATHOLIC DIOCESE OF RICHMOND—INDIAN RIVER CEMETERY SITE, INDIAN RIVER ROAD, VIRGINIA BEACH, VA—ELEVATIONS—EXTERIOR—SHEET NUMBER A3.0", prepared by ICONIC DEZIGN STUDIOS, dated 04/22/2025 &the building renderings entitled "CATHOLIC DIOCESE OF RICHMOND—CEMETERY CHAPEL AND OFFICE, INDIAN RIVER ROAD SITE, VIRGINIA BEACH, VIRGINIA", prepared by ICONIC DEZIGN STUDIOS, dated 07/01/2025, which have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 4. The cremation gardens, when developed, shall be located in substantial conformance with the concept plan referenced in Condition 2, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. Additional evergreen trees and shrubs shall be installed and maintained along the last 300.5 feet of the western property line to adequately screen the interior of the cemetery from the adjacent property at 3168 Indian River Road. 6. An adequate water supply to provide fire protection for the proposed building on site shall be approved by the Fire Marshal during site plan review prior to release of the site plan. 7. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Certificates of approval, as required, shall be obtained from the Virginia Department of Health and any other relevant State department or agency prior to the release of the site plan. 9. Prior to final approval of the site plan for the cemetery, a Reservation Agreement between the Diocese and the City shall be recorded among the Land Records of the Clerk's Office of the Circuit Court of the City of Catholic Diocese of Richmond Agenda Item 3 page 4 of 18 Virginia Beach. The Reservation Agreement shall reflect the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 10. The site plan for the cemetery shall show the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 11. Site plan approval shall be contingent on easements or other recorded agreements to address future drainage easement(s) and future access easement(s)for the Catholic Diocese of Richmond following the Proposed Indian River Road Realignment, to preserve drainage of the cemetery and maintenance of the stormwater management system it proposes to construct as part of development of the cemetery. 12. A landscape buffer consisting of a combination of evergreen trees and shrubs shall be installed along the entire length of the southern property line between the existing Indian River Road and the proposed stormwater management facility to ensure adequate screening of the cemetery from the residential properties located along the southside of Indian River Road. 13. If deemed necessary by the City Manager or their designee at the time of site plan approval, a groundwater monitoring well shall be installed and adequately maintained. The installation and maintenance of the well, if required, shall be the responsibility of the applicant. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous • • • from • • ' 1. The cemetery, when developed, shall be in substantial conformance with the concept plan entitled, "Concept Plan Proposed Cemetery Catholic Diocese of Richmond Indian River Site Virginia Beach, VA," prepared by Grever & Ward, Inc., dated October 12, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, including landscaping. 2. The columbaria, cremation gardens, and mausolea, when developed, shall be located in substantial conformance with the concept plan referenced in Condition 1, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Additional evergreen trees and shrubs shall be installed and maintained along the last 300.5 feet of the western property line to adequately screen the interior of the cemetery from the adjacent property at 3168 Indian River Road. Catholic Diocese of Richmond Agenda Item 3 page 5 of 18 4. An adequate water supply to provide fire protection for the proposed building on site shall be approved by the Fire Marshal during site plan review prior to release of the site plan. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 6. Certificates of approval, as required, shall be obtained from Virginia Department of Health and any other relevant State department or agency prior to the release of the site plan. 7. Prior to final approval of the site plan for the cemetery, a Reservation Agreement between the Diocese and the City shall be recorded among the Land Records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. The Reservation Agreement shall reflect the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 8. The site plan for the cemetery shall show the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 9. Site plan approval shall be contingent on easements or other recorded agreements to address future drainage easement(s) and future access easement(s) for the Catholic Diocese of Richmond following the Proposed Indian River Road Realignment, to preserve drainage of the cemetery and maintenance of the stormwater management system it proposes to construct as part of development of the cemetery. 10. A landscape buffer consisting of a combination of evergreen trees and shrubs shall be installed along the entire length of the southern property line between the existing Indian River Road and the proposed stormwater management facility to ensure adequate screening of the cemetery from the residential properties located along the southside of Indian River Road. 11. If deemed necessary by the City Manager or their designee at the time of site plan approval, a groundwater monitoring well shall be installed and adequately maintained. The installation and maintenance of the well, if required, shall be the responsibility of the applicant. 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. Catholic Diocese of Richmond Agenda Item 3 page 6 of 18 Comprehensive Plan Information As identified in the Comprehensive Plan, this property is located within Princess Anne Commons and is identified in the Interfacility Traffic Area (ITA) Vicinity Master Plan. Recommendations for Princess Anne Commons defer to specific recommendations identified in the ITA Vicinity Master Plan, which identifies this property for Agricultural Production (p. 5) and notes that while this land is developable, land uses should defer to conservation and should maintain lower intensity uses. ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Tesentl/€i6- e s Present Capacity Generated Traffic Indian River Road 6,400 ADT1 Up to 15,000 ADT 1 Existing Land Use 1-40 ADT a„ „ (LOS D ) Proposed Land Use 3-40 ADT 1 Average Daily Trips 'As defined by 6.6- 'As defined by a 6.6- 4LOS = Level of acre parcel zoned AG- acre cemetery Service 1 &AG-2 Agricultural Master Transportation Plan(MTP)and Capita1Improvement Program(CIP) Indian River Road in the vicinity of this application is considered a two-lane minor suburban arterial. The MTP proposes a divided facility within a 150-foot right-of-way for Indian River Road, for which reservation is shown on the applicant's concept plan. There are no active CIP projects in this area of Indian River Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer City water and sanitary sewer are not available to the property. Health Department approval is required for private wells and septic systems. Catholic Diocese of Richmond Agenda Item 3 page 7 of 18 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Catholic Diocese of Richmond Agenda Item 3 page 8 of 18 LAW hE SIWARr CONCEPT PLAN Pravm wAs avtc mAo ]es ACRe as • PROPOSED CEMETERY • LB@FRY R1Vh Mtl'N VACE51 IM A(1S. Hb BMLURk53REERYAroB; CATHOLIC DIOCESE OF RICHMOND / •RB:LLVs'�3�ERYAi1W�i INDIAN RIVER ROAD SITE ► v s[tsAc<[,o affm wu+rtu Q»rcRes n � VIRGINIA BEACH, VIRGINIA • r CXIRNYF M41C MO BPifR OA AGRL+ OSb �.. 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B-It-S: »!\/� 1p w _ 'e-zi-z GREYER& WARD'fNC. O (�D j .,� �� E��ic� �'ii]x's` C[ntEiEmPtaNturvc 3 .. / ` ,° c BPIR'+m cx iA B zu21 O,j^cHhrsO PAS 4727 00 w n 96a s � zwa 'raw-0a �,ssei-Ttoo Proposed Building Elevation rav 801HUMI-SNOUM13 0 SOIPnjS unizeu a1n01 '� 311S AH313W30 HMV Ntll®NI'COD a ONOWN3111 d0 3S33010 0110H1tlO Q M S 1 1 Y - tft-tt Y K R— Catholic Diocese of Richmond Agenda Item 3 page 10 of 18 i 1 /////11t .o//ak .00//di� "tl'"n'e�wwww r" v ZY 0 n' 0 0 1(D„ CATHOLIC DIOCESE OF RICHMOND . CATHOLIC DIOCESE OF RICHMOND p D (D Cemetery Chapel and Office " a Uq 0 , Cemetery Chapel and Office (D Indian River Road Site,Virginia Beach,Virginia o Oq = Indian River Road Site,Virginia Beach,Virginia . _C1 Pmjed No:230723 ame:07.01.2023 P-jed No:230725 Dade:07.01.2025 O rD o N � � 00 U.) Q Proposed Building Renderings •,ua�o� Z > O s V c U N 0 p o 0 O C° V a m 1>1 c c U U •n Y FP H. " U cmi c H LO a ai Os c r O a)j Catholic Diocese of Richmond Agenda Item 3 page 12 of 18 E; a � I � 3, C7 ty r-r O O � t�D CATHOLIC DIOCESE OF RICHMOND CATHOLIC DIOCESE OF RICHMOND Cemetery Chapel and Office a � D a Cemetery Chapel and Office rDO Indian River Rood Site,Virginia 8eoch,`✓uyin-a r I Indian River Road Site,Virginia Beach,Virginia {� PMj0d N0:230725 Date:07.01.2025 (� Q .�_ .= Rnjx1 nk,�.2'70725 Dmo�.n7.01.2n25 N v t7 O lD �N 3 O O 00 W Q- Proposed Building Renderings 1• • - •n a•e ajo � o - O r � V 6 W c w .- U 0 p O S Jo, UU fi O m W "GG m C Z Q mo v - U U a OFFICE FRONTELEVATION • - •n atudlo all r•r r� is 11 l ai , O s m _ nr vlt lot 111, c 0O P W > h L _ti W fl U o UU O �� L Q m�Si UVS Catholic Diocese of Richmond Agenda Item 3 page 14 of 18 Site • • AN w♦ r . aT x� w { L n tj3 Catholic Diocese of Richmond Agenda Item 3 page 15 of 18 Disclosure DisclosureCITY OF VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required far ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Catholic Diocese of Richmond Is Applicant also the Owner of the subject property? YesO Noo if no, Proper t y Otrori, n;u t complete SECTION 2:PROPER Ty O'uVNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes NoO If yes,name Re,nresentative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon,Ahern & Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes,list the nornes of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity I relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No •0— If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yeso Noth if yes,name the officioi or employee,and describe the nature of their inter, 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 rest 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 O Disclosure Statement I rev. May-2024 page 1 of 3 Catholic Diocese of Richmond Agenda Item 3 page 16 of 18 Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Nome entity andjor individual Accounting/Tax Return Pre aration 0 (D 1 Archltect/Designer/Landscape Architect/Land Planner (F) o Ionic Dezign Studios Construction Contractor Q ��+, Engineer/Surveyor/Agent O_ v Grbver & Ward, Inc_. Legal Services Q Q R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. C. hneSY,,ay) �- /3rS�0� o 1 5 7Z- ?� Applicant Name(Print) Appl' Signature Dat 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more.,than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 1 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(1)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 in the other entity,or(iii)there Is shared management or,control between the business entities.Foctors 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 at-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): 10/28/2025 Marchelle L. Coleman ��(� 10/28/2025 Staff Name(Print) Staff Signature i Date Disclosure Statement I rev. May-2024 page 2 of 3 Catholic Diocese of Richmond Agenda Item 3 page 17 of 18 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Catholic Diocese of Richmond Agenda Item 3 page 18 of 18 Virginia Beach Planning Commission October 08, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #03 Catholic Diocese of Richmond Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next item is item three, Catholic Diocese of Richmond. Property on the Catholic Diocese of Richmond. Mr. Bourdon: Thank you, Mr. Vice Chair,Madam Chair. Again,for the record, Mr. Bourdon, Virginia Beach attorney. I apologize, Mr. Plumlee, but the use of the property in the previous application is not nonconforming, it's the structure that's nonconforming. It's not a nonconforming use,which is what you all have always heard. So anyway, we appreciate this application being placed on the consent agenda. Deacon Ed Handel with the Catholic Diocese is in attendance this afternoon. All 11 conditions, as recommended by the staff,are acceptable. And appreciate the work of staff on this application. Thank you. Mr. Coston: Thank you. Is there any opposition to this item being placed on the consent agenda?Hearing none, we have asked Commissioner Cromwell to read this item into the record. Mr. Cromwell: On November 19th,2024,the city council approved a conditional use permit for a cemetery on these AG1 and AG2 agricultural district zone parcels. The site is located within the 70 to 75 decibel noise contour. The applicant is now requesting a modification to the approved conditional use permit to revise the conceptual site plan.The original proposal included an office building, crematorium gardens, a columbarium,mausoleums, internal roadways, and a stormwater management facility. While the overall conceptual plan remains largely unchanged,the applicant proposes to replace the previously planned cremation gardens and two future mausoleums with a 2,750 square foot funeral chapel. Excuse me. The zoning ordinance does not specify minimum parking requirements for cemeteries. The applicant plans to provide 51 parking spaces on site.Being it was located in the 70 to 75 decibel noise zone,the application was considered by the joint City/Navy Review process,and approved. Hearing no opposition to this application, it's on the consent agenda. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, sir. Madam Chair,that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items for records of minutes. Items 1, 2, 3,4, 11, 12, and 13. Ms. Cuellar: Thank you, Vice Chair.Do I have a motion to approve by consent,as read by the vice chair? Mr. Plumlee: I would like to note my abstention from item 4. I think we're going to ask that after, but I'm beating you to the punch. And I do move to approve with also the abstentions noted by Commissioner Camp in the minute portion of the consent agenda. Ms. Cuellar: And is there a second? Ms. Schoonover: I second. Ms. Cuellar: So, we have a motion for approval by Commissioner Plumlee for the consent agenda,with his notation of the abstention for the letter that is on file. We have a second by Commissioner Schoonover. Madam Clerk: The vote is open. By recorded vote of 10 to 0,with all aforementioned abstentions and minutes, items 1,2, 3,4, 11, 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. You may remain at the meeting, either virtually or in person, but you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The conditions of the Conditional Use Permit approved by the City Council on November 19, 2024 shall be replaced with the conditions below. 2. The cemetery, when developed, shall be in substantial conformance with the concept plan entitled, "REVISED CONCEPT PLAN PROPOSED CEMETERY CATHOLIC DIOCESE OF RICHMOND INDIAN RIVER SITE VIRGINIA BEACH, VA," prepared by Grever& Ward, Inc., dated September 17, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, including landscaping. 3. The building will be constructed in substantial conformance with the submitted building elevation entitled "CATHOLIC DIOCESE OF RICHMOND—INDIAN RIVER CEMETERY SITE, INDIAN RIVER ROAD, VIRGINIA BEACH,VA—ELEVATIONS—EXTERIOR—SHEET NUMBER A3.0", prepared by ICONIC DEZIGN STUDIOS, dated 04/22/2025 &the building renderings entitled "CATHOLIC DIOCESE OF RICHMOND—CEMETERY CHAPEL AND OFFICE, INDIAN RIVER ROAD SITE, VIRGINIA BEACH, VIRGINW', prepared by ICONIC DEZIGN STUDIOS, dated 07/01/2025, which have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 4. The cremation gardens, when developed, shall be located in substantial conformance with the concept plan referenced in Condition 2,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. S. Additional evergreen trees and shrubs shall be installed and maintained along the last 300.5 feet of the western property line to adequately screen the interior of the cemetery from the adjacent property at 3168 Indian River Road. 6. An adequate water supply to provide fire protection for the proposed building on site shall be approved by the Fire Marshal during site plan review prior to release of the site plan. 7. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Certificates of approval, as required, shall be obtained from the Virginia Department of Health and any other relevant State department or agency prior to the release of the site plan. 9. Prior to final approval of the site plan for the cemetery, a Reservation Agreement between the Diocese and the City shall be recorded among the Land Records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. The Reservation Agreement shall reflect the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 10. The site plan for the cemetery shall show the City's reservation of rights in the Proposed Indian River Road Re-Alignment. 11. Site plan approval shall be contingent on easements or other recorded agreements to address future drainage easement(s) and future access easement(s) for the Catholic Diocese of Richmond following the Proposed Indian River Road Realignment, to preserve drainage of the cemetery and maintenance of the stormwater management system it proposes to construct as part of development of the cemetery. 12. A landscape buffer consisting of a combination of evergreen trees and shrubs shall be installed along the entire length of the southern property line between the existing Indian River Road and the proposed stormwater management facility to ensure adequate screening of the cemetery from the residential properties located along the southside of Indian River Road. 13. If deemed necessary by the City Manager or their designee at the time of site plan approval, a groundwater monitoring well shall be installed and adequately maintained.The installation and maintenance of the well, if required, shall be the responsibility of the applicant. 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. 0 R7.5,, � Al o Z Z) a a o ' CO O o � � RI B2 0 0 J �R10 B2 �ArRFIFI D SC d� , 4 B2 B 1 z Q ® Site " ® Zoning C4-FS, LLC W ` Property Polygons 772 Lord Dunmore Drive S Building Feet 0 35 70 140 210 280 Map created by Planning Department on 6/26/2025 LZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C4-FS, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Mini-Warehouse) for the property located at 772 Lord Dunmore Drive (GPIN 1466449952). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: November 18, 2025 ■ Background: On March 15, 2022, the City Council approved a Conditional Use Permit for a three-story, climate-controlled Mini-Warehouse facility on a 1.68-acre, B-2 zoned parcel within the Fairfield Shopping Center. The applicant is now requesting a Modification of Conditions to amend the existing signage restrictions, which originally limited all signage to external illumination. The revised condition, proposed as Condition 5, would permit both external and internal illumination for building-mounted signage, except on the west elevation, where illuminated signage will remain prohibited. Additionally, the applicant is proposing a freestanding sign, which was not included in the original application. While a rendering has not been submitted, Conditions 6 and 7 are recommended to ensure the sign complies with Zoning Ordinance requirements, uses materials and colors consistent with the building, meets landscaping standards, and is limited to external illumination. No other changes are proposed to the approved site layout, landscaping, or building design. ■ Considerations: Staff finds, and the Planning Commission concurred, that the request to allow internal and external illumination for building-mounted signage is acceptable, as it aligns with common practices in the B-2 Community Business District where the site is located. The modification does not impact the approved site layout, building design, or landscape plan, and the applicant has agreed to prohibit illuminated signage on the west elevation to reduce potential impacts on nearby properties. Overall, the change enhances signage visibility and remains consistent with the original Conditional Use Permit and applicable sign regulations. Several community engagement efforts were conducted, during which nearby residents expressed concerns primarily about the brightness of interior display lighting on building facades facing Lord Dunmore Drive and Providence Road, as well as the removal of trees that previously helped buffer light from adjacent properties. In response, the applicant plans to replant the trees along Lord Dunmore Drive as required by the approved landscape plan noted in Condition 3. C4-FS, LLC Page 2 of 4 Additionally, Condition 15 has been added to prohibit interior display lighting near windows facing Lord Dunmore Drive and Providence Road between the hours of 9:00 p.m. and 6:00 a.m. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of support was received from Fairfield Civic League and three letters of opposition were received in July with concern regarding light pollution from the residences across Lord Dunmore Drive. There were no speakers in opposition at Planning Commission Hearing. ■ Recommendation: On October 8, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1. 1. All previous conditions attached to the Conditional Use Permit approval of March 15, 2022 shall be voided and replaced with the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center— Storage Site Exhibit", dated 11/22/2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The color of the EIFS shall be neutral and/or earth tones. 5. Only building-mounted signage, excluding signage on the west elevation, may be externally or internally illuminated. Neon lighting visible from any adjoining property shall not be permitted on the Property. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & C4-FS, LLC Page 3 of 4 Community Development is required for any new signage installed on the site. 7. Freestanding signage shall utilize colors and materials that match those of the primary building, shall comply with all applicable landscaping requirements at the base of the sign, and shall be limited to external illumination only. 8. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center— Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building-mounted or ground- level lighting that is not directly visible from the main road. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 10. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 11. There shall be no exterior (outside) storage of motorized vehicles on the property. 12. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini- warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 13. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 14. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 15. Interior display lighting adjacent to windows located along the building facades facing Providence Road and Lord Dunmore Drive shall not be illuminated between 9:00 p.m. and 6:00 a.m. daily. Exterior canopy lighting, lighting within interior hallways that are not adjacent to a window, or other interior lighting required by applicable codes or regulations may remain illuminated during these hours. C4-FS, LLC Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Letter(s) of Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: W Agenda Item 4 Applicant & PropertyOwner: Planning Commission PublicOctober1 CouncilCity C- Project Details Request Modification of Conditions (Mini-Warehouse) {�f I Staff Recommendation o Approval � u Staff Planner J 2 Marchelle Coleman Location ---� 772 Lord Dunmore Drive " " GP/N 'Roq_ 1466449952 `A� Site Size 1.68 acres A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay w,H «% Existing Land Use and Zoning District aF '�" . . Shopping center/ B-2 Community Business r � �.- -�b k Surrounding Land Uses and Zoning Districts _ M North µ p` Shopping center, apartments/ B-2 Community Business, A-12 Apartment p I $OUth ' �a ,,;. ' Shopping center/ B-2 Community Business East VW�' Shopping center/ B-2 Community Business West Lord Dunmore Drive Single-family dwellings/ R-10 Residential C4-FS, LLC Agenda Item 4 page 1 of 18 Background SummaryofProposal • On March 15, 2022, the City Council approved a Conditional Use Permit for a Mini-Warehouse facility on a 1.68-acre, B-2 Community Business District zoned parcel.The site, located within the Fairfield Shopping Center, was approved for development of a three-story, climate-controlled self-storage facility. • The applicant is requesting a Modification of Conditions to amend Condition 4 of the 2022 Conditional Use Permit, which currently limits all on-site signage to external illumination only. • The modified condition, now proposed as Condition 5, will allow both external and internal illumination for building-mounted signage only. However, no illuminated signage will be permitted on the west elevation of the structure. • While not proposed with the previous application, the applicant now proposes a freestanding sign on the property. A rendering has not been provided at this time; therefore, Conditions 6 & 7 are recommended to ensure the sign meets all requirements of the Zoning Ordinance, uses colors and materials consistent with the building, complies with all base landscaping requirements, and is limited to external illumination. • No other modifications are proposed to the previously approved conceptual site layout, landscape plan, or building elevations and renderings. HistoryZoning # Request 1 CUP (Mini-Warehouse) Approved 03/15/2022 CUP (Indoor Recreation Facility) Approved 11/20/2018 � . -14 x 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 C4-FS, LLC Agenda Item 4 page 2 of 18 Evaluation • • • The request for a Modification of Conditions to allow for external and internal illumination for building- mounted signage is, in Staff's opinion, acceptable.The site is located within the Fairfield Shopping Center and zoned B-2 Community Business District, where internally illuminated signage is commonly permitted. As indicated above,the request does not alter the approved site layout, building design, or landscape plan. Importantly, the applicant has agreed to maintain a restriction on illuminated signage along the west elevation, minimizing potential impacts to nearby properties. Allowing internal illumination will enhance signage visibility and functionality without detracting from the character of the development or the surrounding area. The modification remains in alignment with the intent of the original Conditional Use Permit approval and, as conditioned, will meet applicable sign requirements. Based on these considerations, Staff recommends approval of this application subject to the conditions provided below. Recommended Conditions for Modification of Conditions (MDC) 1. All previous conditions attached to the Conditional Use Permit approval of March 15, 2022 shall be voided and replaced with the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center—Storage Site Exhibit", dated 11/22/2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The color of the EIFS shall be neutral and/or earth tones. 5. Only building-mounted signage, excluding signage on the west elevation, may be externally or internally illuminated. Neon lighting visible from any adjoining property shall not be permitted on the Property. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. C4-FS, LLC Agenda Item 4 page 3 of 18 7. Freestanding signage shall utilize colors and materials that match those of the primary building, shall comply with all applicable landscaping requirements at the base of the sign, and shall be limited to external illumination only. 8. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center—Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building-mounted or ground-level lighting that is not directly visible from the main road.According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 10.The storage units shall be used only for storage of goods.The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 11. There shall be no exterior(outside) storage of motorized vehicles on the property. 12. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini-warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 13. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 14. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 15. Interior display lighting adjacent to windows located along the building facades facing Providence Road and Lord Dunmore Drive shall not be illuminated between 9:00 p.m. and 6:00 a.m. daily. Exterior canopy lighting, lighting within interior hallways that are not adjacent to a window, or other interior lighting required by applicable codes or regulations may remain illuminated during these hours. 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. C4-FS, LLC Agenda Item 4 page 4 of 18 Previous Conditions from 2022 Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center—Storage Site Exhibit dated 11/22/2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.The color of the EIFS shall be a neutral and/or earth tone. 4. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center—Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 7. The storage units shall be used only for storage of goods.The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior(outside) storage of motorized vehicles on the property. 9. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini-warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 10. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. C4-FS, LLC Agenda Item 4 page 5 of 18 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) 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 • • The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. (pg.1-58 to 1-61) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. C4-FS, LLC Agenda Item 4 page 6 of 18 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 35,800 ADT' 3,500 ADT 1(LOS 4 "D") Existing Land Use'—890 ADT Providence Road 20,800 ADT' 32,700 ADT 1(LOS 4 "D") Proposed Land Use —173 ADT Lord Dunmore Road 3,620 ADT' 9,900 ADT 1(LOS 4"D") 'Average Daily Trips 'As defined by a 1.68- 'As defined by a 4LOS = Level of acre B-2 Community 114,000 square foot Service Business zoned parcel Mini-Storage facility Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Kempsville Road, in the vicinity of this application, is classified as a minor urban arterial. There are currently no CIP projects scheduled for this section of Kempsville Road. Providence Road, in the vicinity of this application, is classified as a minor urban arterial. There are currently no CIP projects scheduled for this section of Providence Road. Lord Dunmore Drive, in the vicinity of this application, is a four-lane divided roadway that transitions to a two- lane local residential street just north of this development. 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 eight-inch City water main along Lord Dunmore Drive, as well as an existing eight-inch City water main encroaching into the property within a 15-foot wide Public Utility Easement. Sewer There is an existing 12-inch City sanitary sewer gravity main along Lord Dunmore Drive, as well as an existing eight-inch City sanitary sewer gravity main encroaching into the property within a 15-foot wide Public Utility Easement. City water and sewer are available to the site. C4-FS, LLC Agenda Item 4 page 7 of 18 Public Outreach Information Planning Commission • The applicant contacted several residential property owners along Lord Dunmore Drive by phone prior to the July 9tn Planning Commission hearing. Following those conversations, the applicant invited concerned residents, along with representatives from the Fairfield Civic League, to an on-site meeting held on the evening of Tuesday, August 5, 2025. During that meeting, the general sentiment among attendees was that there were no objections to the internally illuminated signage. Rather, concerns were primarily focused on the brightness of the interior display lighting along the building facades facing Lord Dunmore Drive and Providence Road.The applicant is actively working to address these concerns and intends to follow up with the residents. • A follow-up meeting was held on-site on Tuesday, September 23, 2025, with several members of the adjacent neighborhood in attendance.The purpose of the meeting was to demonstrate that the interior display lighting along the facades facing Lord Dunmore Drive and Providence Road are now on timers, shutting off automatically at 9:00 P.M. each evening. Overall, neighborhood feedback on the 9:00 P.M. lighting cut-off was positive, and there were no apparent objections to the proposed internally illuminated building signage facing Providence Road. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Agenda Item 4 page 8 of 18 u -zt 00 mc jj OZ-H3m 1 V� (3) o �7— CO Q) bZ W� M (13AOHddV v" w.moo—z 3AIHO 380RW)G ON07 'Goffivall U -------------- -j Rr L J it Mid MG OK a3md so&ill; ismv.) F ---------- I M AWAK 33= (uvm Quft sjm I? 41 cm"sjm 9 [zwuu Im 3om q:=4 WIC-iMidSON-3fdalS WWI GMd Mf.M wu am Tim i� �Hm mo-3m 7L�— !a ads'ULM and V wig) WaD K*w 43w • aw w V *Kz Ox A� jmki 6IN ml"l -No I 1>1�ii mo W-1 APPROVED �"''�' U���� • sv❑ncnc�xx R 9ti7 LANDSCAPE NOTES QM J9l " f aq MuS .u.ua. ,unav�0 n.vw�marL_ "., x,.t ., i. t :: '�Ii l�l � a��i®ram .vu"ice Q 3€ ��� • TdC pia ( �� J. , t4�� ' i' J � �ipa. � • aPEw[o was m w[[e SJMxE•m,m. �" ! �' ; R L TO 6KTCH METAL RAM _ --� oM M WI IDNc. MmoM Ad F .� r. — i C�'i qp? • r H OQFHUW:MEA PUTTS Ar 1'a.G ' " �. '{ �g yQy anaca[ e IF PROPOSED 3 WI STORAGE HJRDINC 38.155 SF PER FLOOR SF TAAL) } OFFICE ��.�uvcreev 800s I, f� s,r I a z < s rarffi: d11lrtaMv ... aal r gpaa Mq♦µ m .� r�+aw MMs•ur.ar.�r.• D MMrc.no (D (-D Q n * ainte O '""F (/1 n�ivaroid a nue mu rm O (D Mum ma f� 3 r 00 .P f) Proposed Building Elevations 0§ m_Kl� , k 9LLJ C?` \ } N; � � �t : . LU g j. .w } \ ) \ \ § e ` \ / } . . . \ , \ > > LU 09 &\g C4F, JC Agenda Rem 4 page 11 of 18 1D - APPROVED ODA ARCHITECTURE 20}O feuM o-yOn st.,a krt.N rnenvem.rcaeza3 www.oes.s.ea., FAIRFIELD STORAGE - ---_- �. P �,. •• OM r.Me M.}Its ZONING REVE W 2.18.2022-- PROVIDENCE r...- - 02 ROAD/ _ 1 BUILDING ELEVATIONS X; xt z 0'q :a N T RZ-002 In r 01 LORD DUNMORE DRIVE!SIDE ELEVATION *- °""° '" '""E""E F� r 00 -P. n Site Photos _ . s +jam .. A -- r� f 1 1 I - a s Disclosure CITY F ,• • V BEACH Statement .it 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 al/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 C4=FS, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? YesO No( If no,Property Owner must complete SECTION Z:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes •�NoO If yes,name Representative: Robert P. Beaman, III, Esq.-Troutman Pepper Locke LLP Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) C4 Fairfield SIC,LLC,CSE Fairfield SIC,LLC,New Market-Fairfleld,LLC,New Market Properties,Preferred j Apartment Communities,and Crosland Southeast Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noth if yes,name the official or employee,and describe the nature of their interest. i APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O ATLANTIC UNION BANK cross-col late raIization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 C4-FS, LLC Agenda Item 4 page 14 of 18 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/TaxRetum Preparation © E) Architect/Designer/landscape O O Stephen Floyd Overcash-ODA Architecture Architect/Land Planner Construction Contractor @ Q Tayior Construction Company Engineer/Surveyor/Agent 0 Legal Services ©Q Q Robert P Beaman III-Troutman Pepper Locke LLP 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. C4-FS LLC,a Virginia limited liability company BY: Applica ame(Print)ft Applicant 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. 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(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingied 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): 10/28/2025 Marchelle L. Coleman 10/28/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M ay-2024 page 2 of 3 C4-FS, LLC Agenda Item 4 page 15 of 18 Disclosure Modification of Conditions Application of Cd-FS,LLC,a Virginia limited liability company Supplemental Disclosure Information Member of Owner/Applicant: CSE-FS,LLC Mana¢ers of Owner;Applicant: J.Austin Williams;Timothy B. Sittcma;Petcr B. Pappas C4-FS, LLC Agenda Item 4 page 16 of 18 Disclosure Statement Modification of Conditions Application of C4-FS,LLC Supplemental Disclosure Information Owner/Applicant: C4-FS,LLC • Sole Member: CSE-FS,LLC(members are George Fox and approximately 42 Crosland Southeast employees and friends and family) • Managers: J. Austin Williams;Timothy B.Sittema;Peter B.Pappas Affiliates of Owner/Applicant: NMP-C4 Fairfield S/C,LLC Members: • New Market—Fairfield,LLC • C4 Fairfield S/C,LLC • CSE Fairfield S/C,LLC C4 Fairfield S/C,LLC Members: • Peter Pappas • Timothy Sittema • Paul Baalman • Mike Wiggins • Dana Dubose • Tom Sittema • John Elio • CSE Fairfield,LLC(members are Crosland Southeast employees) CSE Fairfield S/C,LLC Members: • C4 Holdings II(Members are Peter Pappas,Tim Sittema,Austin Williams,Barry James) • Tanglewood Investments,LLC(Sole Member is Peter Pappas) • Villicum,LLC(Sole Member is Tim Sittema) • Robert W. Speir • C4 BP,LLC(Managers are Tim Sittema and Peter Pappas) • Christopher Taft • C4 Partners,LLC(Members are Peter Pappas,Tim Sittema,Austin Williams,Barry James) • C4 Holdings(Principals are Peter Pappas,Tim Sittema,Austin Williams,Barry James) New Market—Fairfield,LLC • Sole Member is a Blackstone Inc.single purpose entity C4-FS, LLC 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. • 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. v C4-FS, LLC Agenda Item 4 page 18 of 18 Virginia Beach Planning Commission October 08, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #04 C4-FS, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Our next item is item 4. Property owner C4-FS LLC,modification of conditions. Mr. Beaman: Thank you Mr. Vice Chair, Madam Chair,members of the Commission. For the record, my name is Mr. Beaman. I'm a local land use attorney at the Troutman Pepper Locke law firm, here today on behalf of the applicant. We've had a chance to review the conditions,they are acceptable, and we appreciate being on the consent agenda. But I did want to take the opportunity to thank Commissioners Anderson and Camp for all their work on this application and meeting us out on the site a couple of times, including one very late at night. So, I appreciate that, and thank you again for being on consent. Mr. Coston: Thank you, sir. Is there any objection to this item being placed on the consent agenda?Hearing none,we've asked Commissioner Anderson to read this item into the record. Mr.Anderson: Thank you. On March 15th, 2022,the City Council approved a Conditional Use Permit for a Mini-Warehouse Facility on 1.6 acres in B2 Community Business district zone parcel. The site located within the Fairfield Shopping Center was approved for development in a three-story, climate controlled, self-storage facility. The applicant is requesting a modification of conditions to amend condition 4 of the 2022 Conditional Use Permit,which currently limits all on-site signage to external illumination only. The modified condition, now proposed as condition 5,will allow both external and internal illumination for building mounted signage only. However,no illuminated sign will be permitted on the west elevation of the structure. While not proposed with the previous application,the applicant now proposes a freestanding sign on the property. This is a little old,but a rendering has not been provided at this time. Therefore, condition 6 and 7 are recommended to ensure the sign meets all requirements of the zoning ordinance,uses colors and materials consistent with the building,comply with all these base landscaping requirements, and is limited to the external illumination. No other modifications are proposed to the previously approved conceptual site layout, landscape plan,or building elevations and renderings. For this there was no objections, we put it on the consent. Other than one abstention. Mr. Coston: Thank you, sir. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, sir. Madam Chair,that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items for records of minutes. Items 1, 2, 3, 4, 11, 12, and 13. Ms. Cuellar: Thank you, Vice Chair. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: I would like to note my abstention from item 4. I think we're going to ask that after, but I'm beating you to the punch. And I do move to approve with also the abstentions noted by Commissioner Camp in the minute portion of the consent agenda. Ms. Cuellar: And is there a second? Ms. Schoonover: I second. Ms. Cuellar: So,we have a motion for approval by Commissioner Plumlee for the consent agenda,with his notation of the abstention for the letter that is on file. We have a second by Commissioner Schoonover. Madam Clerk: The vote is open.By recorded vote of 10 to 0,with all aforementioned abstentions and minutes, items 1, 2, 3,4, 11, 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. You may remain at the meeting, either virtually or in person,but you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. All previous conditions attached to the Conditional Use Permit approval of March 15, 2022 shall be voided and replaced with the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center—Storage Site Exhibit", dated 11/22/2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The color of the EIFS shall be neutral and/or earth tones. 5. Only building-mounted signage, excluding signage on the west elevation, may be externally or internally illuminated. Neon lighting visible from any adjoining property shall not be permitted on the Property. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 7. Freestanding signage shall utilize colors and materials that match those of the primary building, shall comply with all applicable landscaping requirements at the base of the sign, and shall be limited to external illumination only. 8. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center—Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building- mounted or ground-level lighting that is not directly visible from the main road. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 10.The storage units shall be used only for storage of goods.The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 11.There shall be no exterior (outside) storage of motorized vehicles on the property. 12. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini-warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 13. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 14. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 15. Interior display lighting adjacent to windows located along the building facades facing Providence Road and Lord Dunmore Drive shall not be illuminated between 9:00 p.m. and 6:00 a.m. daily. Exterior canopy lighting, lighting within interior hallways that are not adjacent to a window, or other interior lighting required by applicable codes or regulations may remain illuminated during these hours. 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. Marchelle L. Coleman From: Gabriella Beale <fairfieldcivicpresident@gmail.com> Sent: Monday,July 7, 2025 5:42 PM To: Shepherd, Kimberly D. Cc: doug@fairfieldcivic.org;doug.mcliverty@gmail.com; Beaman, Robert P. Subject: Re: Fairfield Shopping Center community outreach CAUTION: The sender's email address is unknown (not previously received). DO NOT click links or open attachments unless you confirm that this sender is legitimate and the content is safe. Good evening Kimberly, I've taken over for Mr. McLiverty as President of Fairfield Civic League. Thank you for looping us in,we have no concerns with that modification since it is facing Providence Road. Please let us know if you need anything else. Have a great week. On Fri,Jun 27, 2025 at 11:14 AM Shepherd, Kimberly D. <Kimberly.Shepherd()troutman.com>wrote: Mr. McLiverty, Good morning. We are reaching out to you as we understand you are the current president for the Fairfield Civic League. Our firm has worked with the Fairfield Shopping Center over the years, including assisting with obtaining the approvals for the development of the self-storage facility a few years back. We are currently in the process of going back before the City to ask for one modification to the previous approvals. We would like to internally light the wall sign facing Providence Road, like other stores around it, versus light it externally. Please feel free to email or call either Rob Beaman (757-687-7547) or myself(757-687-7584) if you have any questions or feedback to share. We appreciate your time and consideration. Respectfully, Kim i Kimberly D. Shepherd Associate Direct: 757.687.7584 kimberlv.shepherd antroutman.com troutman pepper locke 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 troutman.com NOTICE:This e-mail(and any attachments)from a law firm may contain legally privileged and confidential information. If you received this message in error, please notify the sender and delete it. Any unauthorized reading, distribution, copying, or other use of this e-mail(and attachments) is strictly prohibited. E-mails may be monitored or scanned for security and compliance purposes. For more information, including privacy notices and policies, please visit www.troutman.com. If services are provided by Troutman Pepper Locke UK LLP, please see our London office page (www.troutman.com/offices/london.html)for regulatory information. Gabriella Beale Fairfield Civic League President 757-648-0003 fairfieldcivicpresident@gmail.com fairfieldcivicleaaue.orq 2 Marchelle L. Coleman From: Uli and Steven <stevenanduli@gmail.com> Sent: Sunday,July 6, 2025 8:43 PM To: Marchelle L. Coleman Cc: Michael Berlucchi Subject: Planning Commission Hearing on Wednesday,July 9—Comments for 722 Lord Dunmore Drive Request(District 3) 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. Reference: Property Owner: C4-FS, LLC Address: 722 Lord Dunmore Drive (Warehouse) Request:To modify conditions to allow for the option of internal illumination of signage First of all, I would like to thank the Virginia Beach Planning Commission for the opportunity to express our opinions on the proposed modifications above. I am also copying Mr. Berlucchi from our District (District 3) on this e-mail. Unfortunately, I am unable to attend the July 9 meeting in person due to my work schedule and not being able to take time off from work. Therefore, please take this email correspondence into consideration. We have had the pleasure of living in this Fairfield neighborhood for over 31 years. We first lived in one of the townhouses along Lord Dunmore Drive. Once we decided to purchase our first house we only looked in Fairfield. This neighborhood, and Kempsville as a whole, has a uniqueness and personality which sets it apart from other neighborhoods. with its long standing families who live here, local schools and the aesthetically pleasing mature trees and family friendly shops and local restaurants. Much has changed since we first moved in and most was welcomed; however, the recent decline of the strip malls has had significant impact on this and other communities. When the initial proposal to build a Storage Building in Fairfield Shopping Center along the intersection of Lord Dunmore Drive and Providence Road was issued, where most shops had closed or were going to close, we did not really like it but realized that having something that blended into the architecture of greater Kempsville would be fine. We were told that the owners of the new structure would keep the mature trees along Lord Dunmore Drive which would keep in balance the landscape of the neighborhood and also shield the warehouse from the direct view of homeowners living in the immediate vicinity. Recently, the builders removed three of these trees which single-handedly transformed the shopping center into an industrial area when viewed from Lord Dunmore Drive. This could be expected along parts of Virginia Beach Boulevard, but not Kempsville and especially not Fairfield. Thus, when we received the notification that the new storage warehouse is now seeking permission to have internal illumination of signage, it filled us with grave sadness and displeasure. Allowing an illuminated sign on this large storage warehouse would mean that its additional lighting i from its glass fronts and possible illuminated sign would shine directly into homeowners' residences without any way to avoid it or without any trees to shield the houses from it. It is already bad enough to have to live across from a warehouse this large, but a potential additional illumination of signage is not welcomed. We respectfully and with the strongest possible concern submit that this request be denied, or at the least that the illumination only be allowed during daytime and for a maximum until 8 p.m. at night. A better option would be to have an illuminated sign along Providence Road next to the Dunkin Donuts (this portion of Providence Road only has businesses along it and is used by hundreds of drivers every day) where it could be a good advertisement for this warehouse. Yours sincerely, Steven and Ulrike Argroves 2 Marchelle L. Coleman From: girardi donatoni <girardisfamily@gmail.com> Sent: Sunday,July 6, 2025 9:53 PM To: Marchelle L. Coleman Subject: Objection to Internal Illumination Proposal at 772 Lord Dunmore Dr—Request for Resident Protections CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Virginia Beach Planning Commission, Dear Marchelle Coleman, am writing in response to the proposed change from outdoor to internal illumination for the signage at the mini warehouse located at 772 Lord Dunmore Dr,Virginia Beach,VA 23464, as outlined in the agenda for the public hearing on July 9, 2025. As the homeowner at 713 Lord Dunmore Dr, directly across from the facility, I respectfully urge the Zoning Administration to either deny this proposal or impose strict conditions to safeguard residents like myself and my family members who would be most directly affected. My primary concern is the significant light pollution that internally illuminated signage would cause, particularly in bedrooms and first-floor living areas of my home that directly face the proposed signage. My home has two second-floor bedrooms and first-floor living and office spaces that face the mini- warehouse.The proposed internal illumination will cast excessive light into the bedrooms during nighttime hours, and first-floor living and office spaces, especially during winter months when it gets darker earlier.This would disrupt: • Sleep for family members in the bedrooms • Work productivity in our home office • Our family's overall comfort and well-being Despite the assumption made by the business legal representative, Ms. Kim Shepherd,who recently contacted me (June 23, 2025) and suggested this change was already settled, I was encouraged to see this matter properly placed on the public hearing agenda.That gives me hope that resident voices will still have a meaningful impact on the outcome. respectfully remind the Zoning Administration that Section 237 of the Virginia Beach Zoning Ordinance, alongwith the City's content-neutral sign regulations, emphasizes minimizing glare, light spillover, and disruption to adjacent residential properties.These rules are intended to maintain a balance between commercial needs and the health, safety, and comfort of nearby residents. 1 Internally illuminated signs typically emit more consistent, far-reaching light that is harder to control than outdoor, externally lit signs—making them inherently more intrusive, especially in close residential proximity like mine. Given the proximity of my home and the documented impact of light pollution on residential quality of Life, I strongly urge the Virginia Beach Planning Commission to require the use of externally lit signage only.This method provides sufficient visibility for the business without compromising the comfort, health, or nighttime environment of surrounding residents. Maintaining external illumination is the only viable option that aligns with the intent of Section 237 and the City's sign regulations,which are designed to protect nearby homes from excessive glare and light trespass. To my understanding, section 237 of the Virginia Beach City Code addresses specific regulations concerning signage, including aspects related to illumination, brightness, and potential disturbance to adjacent properties, particularly residential areas. Internal illumination, if not adequately controlled in terms of lumen output, color temperature, and hours of operation, could easily exceed acceptable limits, creating glare, diminishing nighttime visibility, and negatively impacting the quality of life for nearby residents. Given my home's direct proximity and exposure to this signage,the potential for light trespass and nuisance is exceptionally high. I respectfully request that the Virginia Beach Planning Commission thoroughly review this proposal with strict adherence to the provisions of Section 237. It is imperative that any approved signage adheres to the spirit and letter of the existing city code to prevent undue light pollution and maintain the aesthetic and environmental integrity of our community. I urge you to consider the direct, adverse impacts on my family's residential quality of life and to ensure that any decision prioritizes the well-being of Virginia Beach residents. Please feel free to contact me at(757) 754-1303 or girardisfamilyPgmail.com if further information is needed regarding the fighting's impact on my property. Thank you for your time and consideration of this important matter. Sincerely, Pamela Donatoni 713 Lord Dunmore Dr Virginia Beach,VA 23464 2 Marchelle L. Coleman From: bingroman28@verizon.net Sent: Monday,July 7, 2025 5:45 PM To: Marchelle L.Coleman Cc: Michael Berlucchi Subject: Planning Commission Hearing on Wednesday,July 9—Comments for 722 Lord Dunmore Drive Request(District 3) 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. Reference: Property Owner: C4-FS, LLC Address: 722 Lord Dunmore Drive (Warehouse) Request: To modify conditions to allow for the option of internal illumination of signage First of all, I would like to thank the Virginia Beach Planning Commission for the opportunity to express our opinions on the proposed modifications above. I am also copying Mr. Berlucchi from our District (District 3) on this e-mail. When the first news of proposal of the Storage Building was delivered to me, I am very unhappy of this unwelcomed sight. I live directly across this new construction on Lord Dunmore and Windsor Lane and can hear all the loud noises everyday for about a year now and it still ongoing. Now that I received this other news of illumination signage, this has even become more worrisome and annoying to me. Since there is nothing to shield my house from this new building. The trees were cut down and it made it even worse to look at this building. Allowing an illuminated sign on this large storage warehouse would mean that its additional lighting from its glass fronts and possible illuminated sign would shine directly into homeowners' residences without any way to avoid it or without any trees to shield the houses from it. It is already bad enough to have to live across from a warehouse this large, but a potential additional illumination of signage is not welcomed. I respectfully and with the strongest possible concern submit that this request I be denied, or at the least that the illumination only be allowed during daytime and for a maximum until 8 p.m. at night. A better option would be to have an illuminated sign along Providence Road next to the Dunkin Donuts (this portion of Providence Road only has businesses along it and is used by hundreds of drivers every day) where it could be a good advertisement for this warehouse. Respectfully, Elvira Roman 2 oa ® IV Fq r — IV NFCk � N (J) acti Rp CO)O '' R O 2 N � �' MARS H c y O � RLL RF'gT rr- o l \` HFck X � RO :cRHT c`0, `pZ ;pa :0j C-�VjEw 1 O � O j O Z Y/ < CD 2) n Z ? CD SUMMERWIND n n RD O � d 0 Aisma .a O O 3 n (D 0 (D p n� 0- y` D CD c c o m z i a 7 CD 0 3 OLD" m o CUTLER GREgT m RD V PNFRD 2 3 -- rt O /7 O O -n (D r� .Al 5 \` s N O N C1l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE CHURCH [Applicant& Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 1000 N Great Neck Road (GPIN 2408137769). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: November 18, 2025 ■ Background: The applicant is seeking a Modification of Conditions to allow for the continued use of two existing modular classrooms on this 27.5-acre, R-10 Residential zoned property. In 2003, a Conditional Use Permit for a Religious Use was granted with subsequent modifications, including a Modification of Conditions in 2017, to allow the use of the modular classrooms for a period of 5 years from the date of City Council approval. The two existing modular classrooms are located at the rear of the existing church building and are used for the church's youth programs and religious education classes. ■ Considerations: The site is located in the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which a Religious Use is considered. The proposed use will be limited in scope and duration as the applicant is seeking the use of the modular classrooms for an additional five years. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A letter of concern was received about the request, related to a Recreational Vehicle (RV) that was parked on the property. In response, the Planning Commission added a condition to require removal of the RV within 30 days of City Council approval. ■ Recommendation: On October 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. All previous conditions attached to the Conditional Use Permit approval of October 17, 2017 shall be voided and replaced with the following conditions below. Wave Church Page 2 of 5 2. Should any new outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff & Moss Architects, dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields. The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 5. At the time the site plan for development of the 'Recreational Fields' shown on the plan referenced by Condition 1 is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 6. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 7. The 'Recreational Fields' shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. Wave Church Page 3 of 5 8. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 9. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet of parking area. 10. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. C. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection. An elevation drawing Wave Church Page 4 of 5 and location plan of such sign shall be submitted to the Department of Planning for approval. 11. Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church — Great Neck Road)," as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site five (5) years from the date of City Council action. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. C. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 12. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH - Great Neck Road - Virginia Beach, Virginia - SITE PLAN," prepared by Tymoff & Moss Architects, dated June 26, 2008. a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for Wave Church, Great Neck Road," dated August 30, 2017. C. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. Wave Church Page 5 of 5 e. There shall be no use of the playfield and/or picnic shelter between the hours of 10.00 p.m. and 8.00 a.m. 13. The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. 14. The recreational vehicle currently located at the rear of the property shall permanently be removed, and the site shall come into compliance with City Code Section 16-14.2 within 30 days of City Council action. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/AP Agenda Applicant & PropertyOwner: Planning Commission PublicOctober1 CouncilCity Project Details Requests Modification of Conditions (Religious Use) MOSSY Y OW copE COAC 4% , OAI(S Cr "j`P ryv. - 6RTpC <"N 14e? `..,. _ POo'4 e a P�.hgpNr W4y E T,ot. o RORp Staff Recommendation �gC �9pph °a3°OpW4k "fReR °ML° m p ""ABOOCT Approval R E h � NOLLO� fRp. O9�iR 9q"STER CT c •rFR'3 R�Nc .. .-RE Staff Planner NOSE HALL DW ?O 49<<c Bqy" Alexis Bailey �r BAY,,, O U w G °O C ? OR m it 7LH8FR Location NLYNNYIEW RD Z z T R RCLINE I U OO 1000 N Great Neck Road "E ° HO00 O T W P11NREAT7q 3MM R INO OLCON \tRGP/N Op C CIR C n_ o 2408137769 y R Site Size P r BRTOy yyEXAR 2 S7MARSHALLDR j ° o CH EARL 0, C10 'EaE? B�FY W Q ESSEXOR 0 0 Q'c1'Fr f CLAR1DOE Z P 27.5 acres o C a �r ° C�MPN LER p, C w Y O HALFM BECK(RP`N AICUZ W Qq 4 O N CRES°" BECKMAN CN GREr 4+, 2 CT S 65-70 dB DNL; Sub-Area 3, 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District >; Church/ R-10 Residential Surrounding Land Uses and Zoning Districts North - Cemetery/ R-10 Residential _ AssE��r South TREE Old Donation Parkway rKcra O C D D Single-family dwellings/ R-10 ResidentialarroN pKWY— East UMMERWIND "! r;�z , Single-family dwellings/ R-10 Residential West N Great Neck Road Single-family dwellings, church/R-20 Residential Wave Church Agenda Item 5 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to allow for the continued use of two modular classrooms on this 27.5-acre R-10 Residential zoned parcel. • On October 14, 2003, a Conditional Use Permit for Religious Use was granted on this property with subsequent modifications in 2009, 2015, and 2017.The 2017 modification specified that the use of the modular classrooms would be for five years from the date of City Council approval and that continued use after that time would require a new Modification of Conditions. • The applicant is requesting to continue using the two existing modular classrooms on the site for the church's youth programs and religious education classes. • Per Section 203 of the Zoning Ordinance, one parking space per five seats or bench seating in the main auditorium is required for Religious Uses. A total of 508 parking spaces is required for the existing 2,541- seat sanctuary, and 931 spaces are provided on the site. Wave Church Agenda Item 5 page 2 of 18 Zoning • # Request MDC Approved 10/17/2017 MDC Approved 08/04/2015 R20 4 MDC Approved 09/08/2009 R— E Hq� MDC Approved 05/26/2009 3 �R R1.0 MDC Approved 12/02/2008 R20 CUP(Communication Tower) Approved �v 1 11/22/2005 R CUP (Church) Approved 10/14/2003 �� A S CUP (Church) Approved 12/05/1995 = ___ TREE:��JNE, CUP (Church) Approved 05/21/1994 +o RO` 1 CUP (Child Care Center) Approved 07/13/1993 ` OlD DONA77ON p ' 'mow` ' CUP (Church) Approved 08/09/1992 R1.0 KWy oz CUP (Church) Approved 04/26/1976 2 SVR Approved 04/14/1993 ' 3 CUP (Pre-School) Approved 07/07/1992 CUP (Cemetery, Mausoleum, 4 Columbarium, Chapel, Office, Storage) Approved 05/15/1978 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ. Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • In Staff's opinion, the proposed Modification of Conditions for the Religious Use to allow for the continued use of two existing modular classrooms is acceptable. This site is located in the Suburban Area. A primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which a Religious Use is considered.The modular classrooms are located at the rear of the site behind the existing church building.The proposed use will be limited in scope and duration as the applicant is seeking the use of the modular classrooms for an additional five years. Staff does not foresee any adverse impacts to the surrounding properties as a result of the modular classrooms remaining on site, and for this reason Staff recommends approval of this application, subject to the conditions listed below. Wave Church Agenda Item 5 page 3 of 18 Recommended Conditions • Modification of • • • 1 1. All previous conditions attached to the Conditional Use Permit approval of October 17, 2017 shall be voided and replaced with the following conditions below. 2. Should any new outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects, dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields.The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 5. At the time the site plan for development of the 'Recreational Fields' shown on the plan referenced by Condition 1 is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 6. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 7. The 'Recreational Fields' shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise.There shall be no lighting of the recreational fields. There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 8. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. Wave Church Agenda Item 5 page 4 of 18 9. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet of parking area. 10. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection. An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 11.Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church—Great Neck Road)," as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site five (5) years from the date of City Council action. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. Wave Church Agenda Item 5 page 5 of 18 c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 12. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH - Great Neck Road -Virginia Beach, Virginia -SITE PLAN," prepared by Tymoff& Moss Architects, dated June 26, 2008. a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for Wave Church, Great Neck Road," dated August 30, 2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. 13.The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. 14.The recreational vehicle currently located at the rear of the property shall permanently be removed and the site shall come into compliance with City Code Section 16-14.2 within 30 days of City Council action. 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. Wave Church Agenda Item 5 page 6 of 18 Previous Conditionsfrom 117 Modification of • • • 1. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects, dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields.The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 3. At the time the site plan for development of the 'Recreational Fields' shown on the plan referenced by Condition 1 is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 4. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 5. The 'Recreational Fields' shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise.There shall be no lighting of the recreational fields.There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 6. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 7. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet of parking area. 8. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said Wave Church Agenda Item 5 page 7 of 18 sign shall replace the existing sign at the same location and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection.An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 9. Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church—Great Neck Road)," as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site until August 14, 2020. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 10. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH -Great Neck Road -Virginia Beach, Virginia -SITE PLAN," prepared by Tymoff& Moss Architects, dated June 26, 2008. Wave Church Agenda Item 5 page 8 of 18 a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for Wave Church, Great Neck Road," dated August 30, 2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. 11.The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. Comprehensive Plan Information The site falls within the Suburban Area, which calls for the creation of 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" (p. 1-60, Comp Plan Policy Document). Developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. Landscaping can play many roles, both functional and aesthetic, in promoting a quality physical environment (p. B-7, Reference Handbook). The mass, or overall size, and height of the structure should be appropriate to the surroundings" (p. B-10, Reference Handbook). ResourcesNatural & Cultural • , The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Wave Church Agenda Item 5 page 9 of 18 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic ------------- The modular classrooms is a 36,900 ADT 1(LOS 4 standard accessory for a church Great Neck Road 38,500 ADT' „D„) and is not expected to significantly increase the trip generation for this church property. The modular classrooms is a Old Donation 28,900 ADT 1(LOS 4 standard accessory for a church Parkway 8,500 ADT' and is not expected to significantly increase the trip generation for this church property. ' Average Daily Trips 'LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(C/P) N Great Neck Road is a four-lane suburban arterial in the vicinity of this site. N Great Neck has a variable right- of-way width, and the Master Transportation Plan shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no capital improvement projects scheduled for this segment of N Great Neck Road. Old Donation Road is a four-lane collector in the vicinity of this site. Old Donation Road has a right-of-way width of 110 feet. This roadway is not included in the Master Transportation Plan. There are currently no capital improvement projects scheduled for this segment of Old Donation Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to this site. Public Utility Impacts Water&Sewer The site is currently connected to City water and City sanitary sewer. Wave Church Agenda Item 5 page 10 of 18 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Wave Church Agenda Item 5 page 11 of 18 Site • • ofExistingModular • • Tr - z � v,lS a Wave Church Agenda Item 5 page 12 of 18 Site Photos Z� �M t Wave Church Agenda Item 5 page 13 of 18 PhotosSite �. r � . v -- ��-�I ti•.•�'""<it r R Y•�r '� _ j 4._s x: T �a Wave Church Agenda Item 5 page 14 of 18 Site Photos r ALL•- �'.;�. :d- Y l 'r r :.r Disclosure Disclosure r 1 V--J BEACH The disclosures contained In this form ore necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions, or other bodies. • • • APPLICANT INFORMATION Applicant Name: as listed on application Wave Church --.--._�Is Applicant also the Owner of the subject property? YesO No© if no,Property Owner must complete SECTION 2:PROPEH7y Oi-VNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No0 if yes,name Representative. Joshua Kicker is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yese)Noo ti yes,list the names of ail uffirers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affilioted business entity'relationship with the applicant.(Attach list if necessary.) !I Joshua Kicker,Stephen Kelly,Joseph Monaco,Sharon Kelly 1�. -- Does the subject property have a proposed or pending purchaser? Yeso 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 Noe) if yes,name the official icial 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. May-2024 _ page 1 of 3 Wave Church Agenda Item 5 page 16 of 18 SECTIONDisclosure Statement APPLICANT : SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape 0 O Architect/Land Planner r Construction Contractor 0 0 Engineer/Surveyor/Agent 0 G I Legal Services 0 APPLICANT CERTIFICATION READ.I certify that oIl information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Joshua Kicker -�! 05/28/2025 Applicant Name(Print) Applicant Signature Date FOR CITY USE ONLY: No changes as of(date): 10/28/2025 Alexis Bailey 10/29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2D24 page 2 of 3 Wave Church Agenda Item 5 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. • 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. Wave Church Agenda Item 5 page 18 of 18 Virginia Beach Planning Commission October 8, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #05 Wave Church Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Yes. Our first item is item 5, Wave Church. Ms. Cuellar: Good afternoon. Mr. Kicker: Afternoon. Ms. Cuellar: Welcome back. Mr. Kicker: Thanks. Josh Kicker, if I need to state it again, for Wave Church. Ms. Cuellar: Yes, thank you. And I just wanted to share with you today, so if you notice the lights on the podium, green is when you're beginning, yellow is when your time's coming to an end, and then red will be when you conclude. Mr. Kicker: Okay. This is an application to continue the use of the modular classrooms that are on the backside of our property. They've been in use for some time now, for religious instruction, spiritual formation development, youth ministry programs, along those, and we're asking... There was a time limit to them, I guess, on the CUP. We're asking that to be extended for continued use. Ms. Cuellar: Great. Well, I appreciate that. I had a question in reference to the modular classrooms. It wasn't clear to me when they were erected, and maybe what your long-term plan is,just with a limited timeframe. It leads to the expectation that they might only be there for a short time. And I wasn't sure,with the withdrawal of your other application,what the long-term plan was. Mr. Kicker: Sure. The modulars were erected in 2015. So,they've been in use for some time now, approximately 10 years. And because we're actively using now,we wanted to focus on getting that sorted, and a continued use on them. We don't have any plans with the previous withdrawal to continue that project or do that community type center on the plan. That's not part of the long-term plan anymore. We wanted to get this rectified. And then anything else in future development would be in line with the existing CUP stipulations and conditions.And any deviation from that in the future would have to come back before the Commission anyway.But we don't have anything that would be outside of that realm. Ms. Cuellar: Okay. Thank you very much. Commissioner Plumlee? Mr.Plumlee: Sir, it was brought up during the informal that there was an RV on part of this property. Is that accurate? Mr. Kicker: That is correct. Mr. Plumlee: And is the intent to have that moved off that parcel? Mr. Kicker: Based off conversations in the last couple of days, since it was brought to the attention, I think that is the current plan,yes. Mr. Plumlee: So that's your agreement,to do that. Is that fair? Mr.Kicker: Yeah, if it's a condition of the CUP and the modifications, yes. Mr. Plumlee: Thank you very much. Ms. Cuellar: Commissioner Hippen? Ms.Hippen: Good afternoon. So,you said that these modular units were erected in 2015. You have been given five-year conditional use. To my understanding,these were only to be temporary. 10 years seems a little longer than temporary, now you're asking for them to go 15 years. They do not have restroom facilities or any type of facilities in them. So how long are you going to use these? Mr. Kicker: We don't have a current set date on an end use of them. The original CUP and master plan for the site included a youth center that would be adjacent to the two primary buildings that are on the site currently. Given different conditions that have gone through the course of the years,through COVID and different challenges that churches have faced,we have not yet put together a architectural rendering or plan for that building. So,the modulars allowed us to continue active ministry with our youth and young adults programs that are actively engaged.And while they don't have facilities attached,they obviously do have ramps for ADA purposes. And we do have facilities right there, right inside the main doors to the facility,that are easily accessible to the youth,when they are used on Sundays.And so, I don't have a set date. We lived off the five years prior. Obviously, it extended longer. Because they're actively used and because we don't have a current construction date in mind on the youth center,that's why we're here asking for a continued use of them. Ms. Hippen: Okay.And what is the condition of those trailers right now? Mr. Kicker: As far as- Ms. Hippen: Because they're 10 years old now. Mr. Kicker: Yeah,they're still in great shape. They're still actively used and utilized, and so they're not run down or deteriorated in any way. Ms. Hippen: Okay. Thank you. Ms. Cuellar: Thank you, Commissioner Plumlee. Mr.Plumlee: That was my question. I went by the location,but I wasn't able to go into the units, and they looked to be in fair condition, not perfect condition,but fair condition.And your statement is they're still in a safe condition today? Mr. Kicker: Yes,they're still safe and the interiors are well conditioned, but normal wear and tear across the use. Ms. Cuellar: Thank you. Any other questions, Commissioner Camp? Mr. Camp: Yes, sir. So,the timeframe that might be anticipated to plan and fundraise, or get certain permits for the envisioned future site,that would take the place of these temporary trailers,would you say that might be a three-to-five-year process to do such things? Mr. Kicker: That would be our hope,yes,that we could be able to do that, and get the congregation rallied to be able to do that future project. Mr. Camp: I'm familiar with the challenges in non-profit fundraising. So, I'm asking the question,you are here today for another five-year extension,but at the moment you don't actually have a go forward plan, and a go forward plan might take three to five years to get you there. Do you anticipate being back here in five years asking for another extension, given this particular timeline? Mr. Kicker: The hope would not be to.And obviously modulars have a useful life to them, as far as their functionality and condition. And so,we would be willing to... If we had to come back in five years,we would be willing to evaluate the condition of the actual modulars. If,for some reason,we still needed to continue, and they were fully deteriorated, we could find some other plans if we haven't been able to fully develop the fundraising strategy and get further along on the primary youth center that we'd like to build. Mr. Camp: Thank you for your response. Ms. Cuellar: I had one additional question. How many students are in each of the modular classrooms? Mr.Kicker: So, one is primarily used for an outreach called Wave City Care. So, it's not necessarily students. It helps with food pantry distribution, community outreach,those types of things. So, it serves as sort of a hub for that. And then in the other modular, it varies week to week and meeting to meeting,but I would reckon there'd be probably 50 youth-ish between this main Sunday outreach and then midweek various based off the class size or the current instructional size. Ms. Cuellar: Okay. Thank you very much. Commissioner Coston? Mr. Coston: I move that we approve this item. Ms. Cuellar: We have a motion on the floor for approval. Is there a second? Mr. Plumlee: Second. John,would you consider putting the condition for the removal of the RV in that motion? Mr. Coston: Yes. Mr. Plumlee: Okay, and I will amend my second to reflect that. Ms. Cuellar: So we have a motion on the floor from Commissioner Coston for approval, seconded by Commissioner Plumlee,with the condition for the removal of the RV on the property. Is there any further discussion?Commissioner Mauch? Mr. Mauch: Should there be a timeframe that we establish for the removal? Mr. Coston: I believe that's being handled by the code enforcement people. Ms. Cuellar: Maybe we can get some clarification from Ms. Eisenberg on that. Ms. Eisenberg: I mean, it's certainly up to the commission if you'd like to place a timeframe on it. I do think it would make it easier for enforcement purposes if we know when it has to be removed by. Typically, a notice of violation through the Housing and Neighborhood Preservation Department would be 30 days. I'm not suggesting that it has to be that quickly. I don't know if they've worked out some sort of timeframe, but just as a starting point,that's their typical timeframe. Mr. Mauch: Okay. Mr. Coston: I'll accept that, sir. Ms. Cuellar: With the timeframe?If you could click what would like for clarification on the timeframe. Mr. Mauch: 30 days. Ms. Cuellar: 30 days. Mr. Plumlee: And I'll agree to that modification for the second. Ms. Cuellar: And what we would ask the applicant as well. Mr. Kicker: The conditions are acceptable. To clarify, it's 30 days to clarify the timeframe or 30 days for removal? Ms. Cuellar: 30 days to remove the RV. Mr.Kicker: Okay. Just making sure. Ms. Cuellar: I'm going to repeat the motion in just a minute for you. Mr. Kicker: I understand. Ms. Cuellar: Okay. So we have a motion on the floor for approval by Commissioner Coston, seconded by Commissioner Plumlee,with the conditions for the removal of the RV within 30 days. Mr. Plumlee: That's it. Ms. Cuellar:Any further discussion?Thank you. Mr. Kicker: Thank you. Madam Clerk: The vote is open. By a recorded vote, 10-0, item number five, Wave Church, 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. All previous conditions attached to the Conditional Use Permit approval of October 17, 2017 shall be voided and replaced with the following conditions below. 2. Should any new outdoor lighting be installed, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach,Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects, dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields. The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 5. At the time the site plan for development of the 'Recreational Fields' shown on the plan referenced by Condition 1 is submitted,the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 6. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 7. The 'Recreational Fields' shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 8. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 9. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet of parking area. 10. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign.The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed.The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection. An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 11.Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church—Great Neck Road)," as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site five (5) years from the date of City Council action. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 12. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH - Great Neck Road -Virginia Beach, Virginia -SITE PLAN," prepared by Tymoff& Moss Architects, dated June 26, 2008. a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for Wave Church, Great Neck Road," dated August 30, 2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. 13.The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. 14. The recreational vehicle currently located at the rear of the property shall permanently be removed, and the site shall come into compliance with City Code Section 16-41.2 within 30 days of City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Selina Lintin To: Planning Administration;Stacy Cummings Jr.: bob.dyer(d)cox.net Subject: Neighborhood concern Date: Saturday,October 4,2025 5:53:16 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Re: Princess Anne Memorial Park or Wave Church My partner and I have saved and moved into a home on Tree Line Road in Virginia Beach a few months ago where the home values range from 800K to 1,000,000 and my Virginia Beach Taxes are just over$6,000 a year. It is a quiet neighborhood with a R10 zoning with a good number of trees and open space with limited noise (except for occasional jet noise). We thought it would be a great area to live in and bring up our young children. I have seen a City of Virginia Beach sign posted on Old Donation road and Great Neck road regarding a conditional use permit for some kind of building and wanted to be sure that our neighborhood is maintained and managed well by the city. I'm not sure where the building will go or what it might look like, but I thought this might be an appropriate time to ask questions. I have been talking with my neighbors and asking questions about smelling an odor and seeing something nearby that has raised my concerns. Every day when I wake up in the morning and look out my back window to drink my coffee or walk my dogs on the recreation field behind my house I see more than one mobile home/trailer parked behind my property. One of my neighbors said they have seen them there over a year and I'm not sure if they have some kind of waiver or permit but it is an eyesore. I sometimes see a man put on gloves and mask and dump the sewage or something into some kind of big plastic container thing and I'm not sure where he dumps it, I certainly hope it's not in one of the ditches or drains in our neighborhood. I thought that trailers were required to be in a place that had sewer connections with proper health department permits and regulations.Virginia Beach is a resort city with a lot of campgrounds and trailer parks and such a place would be much more suitable than a residential neighborhood. Can you please look into this situation to make sure all regulations are complied with and be sure that things are according to zoning and health department regulations. Growing up, I lived in another city up north where regulations were abused and squatters moved in and the result is not what I want to see in Virginia Beach. I don't want to be mean but I'm just concerned for our community. Here are some of the Chapters and Sections that we looked at on the Virginia Beach City website: Chapter 19 of Virginia Beach Code of Ordinances where No Permit shall be issued until method of sewage disposal is approved by public health. Section 19-17 Permit Section 35-65 Location Section 238 Zoning for Mobile Homes Here are some of the references from the Code: Cross reference—Buildings and building regulations, Ch. 8, housing and building maintenance code, Ch. 16;license tax for trailer courts,§18-113;maximum length of combination of towing vehicle and mobile home orhouse trailer,§21-195;sewers and sewage disposal, Ch.28;water supply, Ch.37; zoning ordinance generally,App.A;provisions of zoning ordinance relative to mobile homes,App.A,§238;mobile homes at recreational campgrounds,App.A,§240;subdivision ordinance,App.B. State Law reference—Mobile home safety law, Code of Virginia,§36-70 at seq. Thank you, Selina Al2 R5R 001 , 0 a� L r 1 N ® Site Property Polygons B ri ke I� L LC S Q Zoning 2421 Pleasure House Road U Building - Feet 0 1020 40 60 80 100 120 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIKEL, LLC [Applicant] ALTON NEAL EDWARD, JR. & ET AL [Property Owner] Conditional Rezoning (R-7.5 Residential District to Conditional A-12 Apartment District) for the property located at 2421 Pleasure House Road (GPIN 1570408357). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: November 18, 2025 ■ Background: The applicant is seeking a Conditional Rezoning from R-7.5 Residential District to Conditional A-12 Apartment District in order to construct seven condominium units, resulting in an overall density of 11.66 units per acre. The 25,797 square foot site is within the Shore Drive Corridor Overlay District and is currently developed with a single-family dwelling. The proposed seven units will be constructed across two, 3-story buildings. The applicant is requesting a deviation from the maximum height of 35 feet to permit a height of 37 feet to accommodate a voluntary 2-foot freeboard. Each unit will include an attached garage, with the end units having a two-car garage and interior units having a one-car garage. To meet the minimum parking requirement, each unit will have a two-car driveway. As required by the Ordinance, the applicant is proposing a ten-foot-wide vegetated buffer with Category IV landscaping along the northern property line. Along the southern property line, which is adjacent to the parking lot for a multifamily development, the applicant is proposing a six-foot tall privacy fence that will transition to a height of 4-feet in the front yard. In addition to the 10-foot right-of- way dedication proposed along Pleasure House Road, the applicant will install a six-foot wide path along the entire frontage, connecting to the sidewalk to the south. ■ Considerations: The Shore Drive Corridor Overlay District was established with the intent of preserving and enhancing the corridor's character. Around the subject property, we find a mixture of residential uses, including duplexes, multi-family, and townhouses. The prevalent apartment districts are A-12 and A-18, which permit densities of 12 and 18 units per acre, respectively. The proffered layout meets the parking and lot coverage requirements of the Zoning Ordinance. However, the applicant is seeking a two-foot deviation in the maximum height permitted in the A-12 District. Staff believes the additional height will have minimal impacts on adjacent properties and will provide additional flood resilience for the proposed structures. Additionally, the proposed landscaping, shared-use path, and 10-foot Brikel, LLC Page 2 of 3 right-of-way dedication will provide aesthetic and recreational enhancement to the site. There was one speaker in opposition at the Planning Commission hearing, citing concerns about increased traffic, parking issues, flooding, and increased density. Two letters of opposition were also received about the request, expressing concerns related to environmental impacts, safety, increased traffic and parking. Since the property is located within the Shore Drive Corridor Overlay District, the proposal was presented to the Bayfront Advisory Commission (BAC) on June 16, 2025. The Commission found the proposal to be consistent with the surrounding area and voted unanimously to support approval of the application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On October 8, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Proffer 1 When the Property is redeveloped, it shall be improved with a seven (7) unit residential condominium with fencing, landscaping, access and parking substantially as shown on the exhibit entitled "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "CONCEPTUAL DEVELOPMENT PLAN" dated March 25, 2025 rev. 08/29/2025, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter "Conceptual Development Plan"). Proffer 2 The architectural design and features of the buildings depicted on the Conceptual Development Plan will be as depicted on the exhibit entitled, "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "ARCHITECTURAL_ELEVATIONS AND DETAILS", dated March 25, 2025 rev. 08/29/2025, prepared by WPL, with the primary exterior building materials and their color palettes being as designated, depicted and described thereon (hereinafter "Architectural Elevations & Details"). The Architectural Elevations & Details Exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference. Brikel, LLC Page 3 of 3 Proffer 3 When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter(s) of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:" Applicant:Agenda Item 7 Property •wner: Alton Neal Edwards, Planning Commission Public Hearing: October 8, 2025 VB' CouncilCity • Project Details W Request Conditional Rezoning (R-7.S Residential District to __ m Conditional A-12 Apartment District) Staff Recommendation _ '�►� - ``Approval Staff Planner Michael Hayes Location 2421 Pleasure House Road GPIN 1570408357 Site Size 25,797 square feet AICUZ J4 Less than 65 dB DNL Watershed Chesapeake Bay : , o Existing Land Use and Zoning District f _• s Single-family dwelling/ R-7.5 Residential a ,,, ► Surrounding Land Uses and Zoning Districts #i .• w North 4. Duplex dwellings/ R-5R Residential South Multi-family dwellings/A-18 Apartment �t East Pleasure House Road Multi-family dwellings/A-12 Apartment West Lake Bradford Brikel, LLC Agenda Item 7 page 1 of 14 Background SummaryofProposal • The applicant is requesting to rezone this parcel totaling approximately 25,797 square feet, from R-7.5 Residential District to Conditional A-12 Apartment District to develop the site with seven condominium units, resulting in an overall density of 11.66 units per acre. • The 25,797 square foot site is in the Shore Drive Corridor Overlay District and is currently developed with a single-family dwelling. • The seven units will be constructed across two buildings: one with four units and one with three units. The proposed three-story buildings will include a two-car garage for each unit. • Vehicular access to each unit would come from a single shared drive off Pleasure House Road, with guest parking at the end of the drive as depicted on the proffered conceptual site plan. The proposed development meets the minimum of two off-street parking spaces per unit as required by the Zoning Ordinance. • Along the property line shared with the adjacent [begin strikethrough] SiRgle [end strikethrough] duplex dwellings to the north, the proffered concept plan shows a 10-foot-wide vegetated buffer with Category IV landscaping. Additionally, a 6-foot-tall vinyl fence is proposed along the southern property line to screen the site from the multi-family development to the south. The fence will transition to a height of 4 feet to ensure the fence height adheres to the requirements of Section 201(e), which limits the height to 4 feet within the 30-foot front yard setback. The proffered concept plan also includes streetscape landscaping along the Pleasure House Road frontage. A more detailed review of the landscaping requirements will occur during the formal site plan review. • The multifamily units, as shown on the proffered building elevations, will be finished with materials consisting of parge block or brick skirt along the first floor of the front and rear of the buildings, vinyl siding as the primary material on the rest of the building, architectural asphalt shingles on the roof, and PVC columns and railings on the porches and balconies. • Since this property is located within the Shore Drive Corridor Overlay District, the applicant appeared before the Bayfront Advisory Commission (BAC) on June 16, 2025, to brief the Commission on the proposal. The Commission found the proposal to be consistent with the surrounding area and voted unanimously to support approval of the application following questions and discussion about color choice, desire for sidewalk improvements, and plantings between driveways. Brikel, LLC Agenda Item 7 page 2 of 14 HistoryZoning Map Key No. Request eF\ sz, 1 CUP (Craft brewery) \ A,z �Fpt Approved 2/4/2025 2 R*CRZ (B-2 &A-18 to A-12 & PDH2) ��_ r� t Approved 11/11/2002 �W r CRZ (R-6 to Conditional A-12) g' 3 Approved 10/10/1988 2 Wf Al2 R70}r. Is CT , �_.�� \� RI S Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • In Staff's opinion, this request to conditionally rezone the property from R-7.5 Residential District to A-12 Apartment District to develop seven condominium units is acceptable. As a part of the application, the applicant is also requesting a deviation to the permitted height to allow for the buildings to be up to 37 feet tall rather than the 35-foot height limit in Section 604(a) of the Zoning Ordinance. The property is situated in the Shore Drive Corridor Overlay, where the City aims to preserve and enhance the corridor's character. In this area of the overlay, there is a mixture of residential uses, including duplexes, multi- family, and townhouses. The prevalent apartment districts are A-12 and A-18, which permit densities of 12 and 18 units per acre, respectively. The seven units on this parcel equate to just under 12 units per acre, which is in line with the neighboring apartment districts. The proposed development meets the parking and lot coverage requirements of the Zoning Ordinance. However, the applicant is seeking, under Section 101(i) of the Zoning Ordinance, a two-foot deviation from the height requirement for the A-12 district. To buffer the neighboring residences to the north, the applicant has proposed a ten-foot-wide landscape buffer along the entire northern property line. Additional landscaping and screening includes street frontage plantings along Pleasure House Road and a 6-foot tall fence, transitioning to a height of 4 feet along the southern property line adjacent to the multifamily development to the south. Brikel, LLC Agenda Item 7 page 3 of 14 The proffered plan includes a 10-foot-wide right-of-way dedication along the entire frontage of the site to provide adequate space for the future improvements along Pleasure House Road, to include protected bike lanes and sidewalks. Understanding that the Pleasure House Road project is not expected to commence until 2031, the applicant will install a walking path in line with the neighboring sidewalk to the south, as depicted on the proffered concept plan. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the current student enrollment. The site is located in the Chesapeake Bay watershed. As no above-ground stormwater management facilities are proposed for this project, underground storage systems will be utilized to manage and treat stormwater runoff on-site. An in-depth review of the stormwater management strategy will take place during the site plan review process to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development. The applicant presented their development proposal, including sharing the concept site and landscape plan as well as the building elevations and renderings, to the Bayfront Advisory Commission on June 16, 2025. The Bay Area Commission voted to support the application. Staff finds the proposed density is in keeping with the general character of the surrounding area.The front elevations of the homes provide some coastal elements without attempting to emulate oceanfront design, which is an appropriate balance for the Shore Drive Corridor Overlay. Based on these considerations, Staff recommends approval of this application, subject to the proffers provided. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is redeveloped, it shall be improved with a seven (7) unit residential condominium with fencing, landscaping, access and parking substantially as shown on the exhibit entitled "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH,VIRGINIA" - "CONCEPTUAL DEVELOPMENT PLAN" dated March 25, 2025 rev. 08/29/2025, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter "Conceptual Development Plan") Brikel, LLC Agenda Item 7 page 4 of 14 Proffer 2 The architectural design and features of the buildings depicted on the Conceptual Development Plan will be as depicted on the exhibit entitled, "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "ARCHITECTURAL ELEVATIONS AND DETAILS", dated March 25, 2025 rev. 08/29/2025, prepared by WPL, with the primary exterior building materials and their color palettes being as designated, depicted and described thereon (hereinafter "Architectural Elevations & Details").The Architectural Elevations & Details Exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference. Proffer 3 When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty(30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area.The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive • • The property falls within both the Suburban Area and Shore Drive Corridor Overlay. The Comprehensive Plan has as a goal for the Suburban Area to "create and maintain neighborhood stability and sustainability". The Shore Drive Corridor Plan seeks to "protect, restore, and enhance the Shore Drive corridor to reflect the area's unique character as a residential community, and to make the corridor a functional and attractive scenic gateway and access way to the resort destination of the Oceanfront" (p. 15, Shore Drive Corridor Plan) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and adjacent to Lake Bradford. There are no known historic or cultural resources that will be affected by this project. Brikel, LLC Agenda Item 7 page 5 of 14 Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT 500 ADT 1(LOS a Pleasure House Road 8,200 ADT1 12, Existing Zoning—20 ADT Proposed Land Use 3-50 ADT I Average Daily Trips 'As defined by one 3As defined by seven 'LOS = Level of single-family dwelling attached single-family Service dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Pleasure House Road in the vicinity of this application is considered a two-lane undivided collector/local street. The Pleasure House Road Street Improvements Phase II Capital Improvement Program (CIP) project is slated for this section of roadway. This project will provide street and safety improvements, along with bike accommodations and a 5-foot sidewalk and construction is scheduled to begin in 2031 with completion in 2033. Active Transportation Plan The Active Transportation Plan proposes improvements to Pleasure House Road, including protected bike lanes and sidewalks. ImpactsPublic Utility Water The site currently connects to city water. The existing 5/8-inch meter can be used or upgraded with this development. Sewer The site currently connects to city sewer. Sewer and pump station analysis is required to determine if future flow can be accommodated. Brikel, LLC Agenda Item 7 page 6 of 14 School • . Current School Enrollment Capacity Generation 1 Change Z Hermitage Elementary 546 students 562 students 1 student 1 student Virginia Beach Middle 1,033 students 1,103 students 0 students 0 students Cox High 1,597 students 1,763 students 1 student 1 student 1"Generation" represents the number of students the development will add to the school. z"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). PublicOutreach Information Planning Commission • The applicant presented the development proposal, including the concept plan and building elevations, to the Chesapeake Beach Civic League on August 11, 2025. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Brikel, LLC Agenda Item 7 page 7 of 14 SITE DATA �. At PAOACM Is MMMMY LELALT OMEN®AS LM!RAT Or K"MI•om eA ww IF Y.A.IP.AC.)4)•!IA'.AIO OMAfWiCR N At aG/5 WO Of M CAICIAf 0.IxI IF M M-a40 Mau etAw. A. Ax;1 Ot 5AF:)S' SA n.I A S MR rde',51W-[m ar s n CMKWz a unx)(Iz IxnA rex+c�A) urvr nua a ux cwtwa: AIiDYML IyAie1 91 R(.�-A-IP 7fm•C) r« pcwier AOSE-Ewto AK.Yi. `l.W SO.A7(MTX J!A) l]le ID.ii.*,fts) m�lo-ai�s IAA H ). IOmL IwtS)L "I LOA?t W PAW/ L•0 i.S,N I art a /W IL•— A e. 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Eo Js aio. ow w e-a mm..net i a leLEAdLNE@ NOIAlLA' ROAD s• m A <, QR^PIi1C SCALE esA - -- "-_-- --- - -- --- __.._....._..._ - - PLOT OATS' 03/Pb0b neV 00i28i2025 PLAN STATUS,CITY SUBMITTAL - v UQ Q W M �. 00 r-t rD , M N 3 r J M Proposed Building Renderings OW130 R SN04LVA313'1VlAU031MONV •�' Eli €g$S s$ SAa F. sioo �a 4 cSj wnl oan wort°3rirtsv� Sara t� w w 40 _ o o n w t W 2 W Wj ..e— Q_ u !} Y < > - _.. us 3 j L �m _ Si Si i Eu • � k� O t II! 0111e F 111 uu au an ..M •3 sm no zc " _ it 555 two G E® L3011 ■! F� inn _II no A _ _ 5 , - -, 7! M Ea P9 0 LtTtl. T __ FTA u� EEI !_! t R F-n! L l T aj EU LAJ �.Brikel, LLC Agenda Item 7 page 9 of 14 Site i • u a�r i w y�rf R= 3 a u � MN S.xas}n�.ssY� 2 Brikel, LLC Agenda Item 7 page 10 of 14 Disclosure i Disclosure V_ • StatementGINIA BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for of/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 DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on appl;Cott o„ Brikel, LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso NoQ If no,P!opert} Tuner rn�,st nl­rr)pleir,SECT ION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yesfl NoQ If yes,name Representative: R. Edward Bourdon,Jr., Esq., Sykes, Bourdon,Ahern&Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,`?)embers,or trustees below AND businesses that have a parent-subsidiary or affiliated business entity?relationship with the applicant.(Attach list if necessary.) Brian C.Large,Manager;Kelly 0.Large,Member Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No • If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The(applicant must certify whether the following services are being provided In connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity andlor individual Financing(mortgage,deeds of trust, O e cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 _ Brikel, LLC; Agenda Item 7 page 11 of 14 Disclosure SECTIONAPPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name emit and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape @ O Eric Garner,WPL Architect/Land Planner LJ Construction Contractor © 0 Engineer/Surveyor/Agent (F) 0 Eric Gamer,WPL Legal Services O R.Edward Bourdon,Jr,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that oil information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Brian C. Large, Manager ! Applicant Name(Print) Appli r e Date 1 "Porent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation,'See State and local Government Conflict of interests Act, VA.Cade§2.2-3101. 2 Affiliated business entity relationship"means it 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 shore 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): 10/29/2025 Michael Hayes �i.�e�p�au� 10/29/2025 Staff Name(Print) Staff Signature 67 Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Brikel, LLC Agenda Item 7 page 12 of 14 Disclosure SECTION 'O' OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Alton Neal Edwards, Jr., Traci Edwards Tuell &Christel Louise Edwards Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONo so If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? YesQ No0 If yes,name proposed or pending purchaser: the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No Q if yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entit and/or individual) Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 00 Accounting/.Tax Return Preparation 0 L/ Architect/Designer/Landscape 0 Architect/Land Planner �J Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Legal Services Q 1 0 Howard R,Sykes,Jr.,Sykes,Bourdon,Ahern& PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Alton N.Edwards,Jr.,Traci E.Tuell&Christel L Edwards��A _ Property Owner Name(Print) Prope ty wner Signature ate- Disclosure Statement I rev. M ay-2024 page 3 of 3 Brikel, LLC Agenda Item 7 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. Brikel, LLC Agenda Item 7 page 14 of 14 BRIKEL,LLC,a Virginia limited liability company ALTON NEAL EDWARDS, JR., TRACI EDWARDS TUELL and CHRISTEL LOUISE EDWARDS TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT,made this 27th day of March,2025,by and between BRIKEL,LLC, a Virginia limited liability company, party of the first part, Grantor; ALTON NEAL EDWARDS,JR.,TRACI EDWARDS TUELL and CHRISTEL LOUISE EDWARDS,parties of the second part,Grantors;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the thud part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the City of Virginia Beach, Virginia, containing approximately 25,797 square feet as more particularly described in Exhibit"A" attached hereto and 'incorporated herein by this reference. This parcel as described u1 Exhibit"A" is hereinafter referred to as the"Property";and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-12 Apartment District;and G PIN: 1570-40-8357-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE,the Grantors,their successors,personal representatives,assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid npoo quo for zoning,rezoning, site plan,building permit, or subdivision approval,hereby snakes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees,and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved with a seven (7) unit residential condominium with fencing, landscaping, access and parking substantially as shown on the exhibit entitled "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "CONCEPTUAL DEVELOPMENT PLAN" dated March 2 25,2025 rev.08/29/2025 rev. 10/16/2025,prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Plarming and Community Development and are incorporated herein by this reference (hereinafter "Conceptual Development Plan") 2. The architectural design and features of the buildings depicted on the Conceptual Development Plan will be as depicted on the exhibit entitled, "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "ARCHITECTURAL ELEVATIONS AND DETAILS", dated March 25, 2025 rev. 08/29/2025 rev. 10/16/2025, prepared by WPL,with the primary exterior building materials and their color palettes being as designated, depicted and described thereon (hereinafter "Architectural Elevations & Details"). The Architectural Elevations & Details Exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference. 3. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30)days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces,common areas,landscaping and other improvements on the Property as depicted on the Concept Plan. Membership,by all residential unit owners,in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the A-12 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. 3 The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,inn writing,that any noncompliance with such conditions be remedied;and(b) to bring legal action or suit to unsure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions 4 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and 'indexed in the names of the Grantors and. the Grantee. 5 WITNESS the following signature and seal: Grantor: Brikel, LLC, a Virginia limited liability company By: (SEAL) ian a , ger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ZE day of March, 2025, by Brian C. Large, Manager, of Brikel, LLC, a Virginia limited liability company, Grantor. A,;4 Notary Public My Commission Expires: August 31, 2026 Notary Registration Number:192628 �.`.�;o�,�EAtT,y f�•.��- .Cts� 2b �t :0 926 6 WITNESS the following signature and seal: Grantor: 1141& ar (SEAL) Alton Neal Edwards,Jr. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: dL The foregoing instrument was acknowledged before me this day of April,2025, by Alton Neal Edwards,Jr., Grantor. � ) I m �. No hryGPublic My Commission Expires:_������. L� 21)� Notary Registration Number: lea 4 ,oa�yt001Pry+eo NOTARY d d PUBLIC n REG.#7804519 ; Q COMMISSION EXPIRES Feb.28,2028 . t? o 7 WITNESS the following signature and seal: Grantor: (SEAL) Traci Edwards Tuell STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this day of April, by Traci Edwards Tuell, Grantor. o ary Pub lic My Commission Expires: 19i��, Notary Registration Number: =� j' tg_� ,,`,. �y Dolph�1�.,,� a NOTARY y PUBLIC n : REG.#7804519 p : MY COMMISSION =� EXPIRES ? ?i�'•. Feb.28,2026;'�(9 0-JX 8 WITNESS the following signature and seal: Grantor- (SEAL) Christel Louise Edwards STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me thus 4 ay of April, by Christel Louise Edwards,Grantor. dL*"4.4- WOA�:�- N t ry Public My Conuinlsslon Expires: k2e '`,`t`ptttt°tuof,""", Notary Registration Number: ,°,'`any go.... 80�,"' NOTARY �0' PUBLIC n REG.07804519 Q ? MY COMMISSION 2 2 EXPIRFS ;t� Feb.Yd,AU2u;' ''o„rnurrttttt`' 9 EXHIBIT "A" All that certain lot, piece or parcel of Iand, with the buildings and improvements thereon, situate in the City of Virginia Beach, State of Virginia and being that parcel designated "3" on that certain"PLAT OF PROPERTY OWNED BY BAYSIDE CORP,Princess Anne Co.VA" prepared by S.W. Armistead crated Jan. 1941 as recorded on January 16, 1941 in the Office of the Clerk of the Circuit Court of Princess Anne County, now the City of Virginia Beach, in Map Book 12, at Page 72. GPI N: 1570-40-8357-0000 H:\AM\"Conditional Rezoning\'Brikel\Pleasure House Road\Proffer Agreement.docx 10 Virginia Beach Planning Commission October 8, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #07 Brikel LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our next item is item seven, Brikel,LLC. Ms. Cuellar: Hello. Mr.Bourdon: Madam Chair,Members of the Commission. Again, for the record, Eddie Bourdon, Virginia Beach attorney representing Brikel,LLC,Brian and Kelly Large. The subject property is 25,800 square feet. It is Zone R-7.5 on the west side of Pleasure House Road. The property is surrounded by, on the north,two separate ... Well, one is R-5 with six duplex units, three duplexes,two in each, six units,A-12 above that. To the south on Pleasure House Road directly adjacent are three parcels, Zone A-18,with some apartment complex buildings. The one on the directly adjacent property has 10 units on it. Directly across Pleasure House Road to the east is a property I had the pleasure of representing Rick Gregor on when he developed it many years ago,which is Zone PDH-2 and that's a zoning district where you have flexibility. It has an underlying A-12 density. The same exists on properties throughout this area, including what we're cresting today. PDH-2 allows you to create basically zoning and the single-family homes on it with private road throughout. Their impervious surface is actually greater than 40%,which is the threshold for A- 12,but the PDH-2 allows that variation. What's proposed here, and Michael Hayes did an excellent job, appreciate all the patience on the part of staff,the proposal is to construct seven units in two buildings. The end units have two car garages. The interior three units, interior two on one building and one interior on the three-unit building have one car garages. All of them have two outside-the-garage parking spaces. The garages are proffered to not be able to be converted. This will be a condominium as well. It'll be in the condominium declaration. The units' garages cannot be converted to living space. They're there for garages/and then we've got five guest parking spaces,three full-size,two compacts, for a total of 30 parking spaces for seven units. The plan also at the request, and it would've been required,but we put it on the plan to make it clear, as a part of the site plan and building the property, we'll be putting in the multipurpose trail large sidewalk in front of the property that's in the CIP project for widening and improving Pleasure House Road. Under the piped drainage ditch,our drainage system on the property to the south,the pipe is smaller in size and it's going to be required for the CIP project so we couldn't put in the correct size drainage pipe. We'll continue to use the current system, but we will be cost participating and cost sharing when that CIP project comes into play and that'll be a part of what will be handled during site plan review. So,we'll be paying for the piping of the drainage on Pleasure House Road in front of this property as well. So,we're doing nothing but lessening the cost of the CIP project when it happens hopefully sooner than six or seven years. Excuse me. The height of the building at 37 feet is purely for resilience. Lake Bradford is directly to the west of this property. It's not in a flood hazard zone. If it were, 37 feet would be not only allowed, it would be required.And frankly in the comp plan,there should be recommended that that 37-foot height should be changed in all zoning districts. We tried to change it a number of years ago and we did in all the zoning districts,but it's only on subdivisions of 10 homes or greater. But to create the additional free board,you should have the ability to offset it by an additional foot or two feet in height. And that's something that is if we're going to continue to pursue being resilient,that's something that just needs to be done. But that's the only reason for the 37-foot height on this application. The Bayfront Advisory Commission has heard this. They recommended it. We spent a lot of time with the Chic's Beach Civic League and appreciate greatly their hospitality and their willing to entertain us. I had a meeting with all the board and then we had a full meeting with all the members. They have concerns based almost entirely on a rezoning for the Bonaventure Group back in 2020 or 2021 on the east side of Pleasure House,just a block south where those apartments being redeveloped, and they came in with A-36 and A-24. The Civic League was very,very much opposed. It was a split vote on Council,but it was approved. They have a visceral reaction to anything that says A-24 and this is not A-24. It's 12 units per acre and it's completely consistent and in line with the development on both sides of Pleasure House Road in this area. The R-7.5 is the outlier and the owner of that property deserves the opportunity to realize the value of their property by selling it for something other than one house on 25,800 square feet. Excuse me. I think that's about all that I think I need to say. I'd be happy to answer any questions any of you may have. Ms. Cuellar: Any questions for the speaker?Commissioner Coston?I just want to double check. Do you have any questions?Commissioner Camp? Mr. Camp: Mr. Bourdon could you clarify,please?As you were summarizing some of the site plan aspects, I believe you stated that your applicant is going to install the amenity that is called for with the road improvements. I'm referencing the path. But let me just ask you straightforwardly,what is the width of the path that your client intends to install at the front of this property? Mr. Bourdon: It's the width that's in the plans and I believe it's six feet, but I'm not certain. Mr. Camp: That's what I wanted to hear,that it is not the five-foot sidewalk that is referenced in the staff report,which is on the other side of the street. Mr. Bourdon: The intent is that... Mr. Camp: You are putting in the six-foot-wide side path that is called out in the plans. Mr. Bourdon: I believe that's the correct size and whatever that correct size is, if it's bigger, it's bigger. It's what's in the CIP project. Mr. Camp: Thank you, sir. Mr. Bourdon: And the same is true for the drainage. We just can't do it until the project is built, and so it'll be a cost participation to help the city pay for it. Mr. Camp: I understand that. Thank you. And City Council deferred this road project. It changed a lot of issues up there.And I'm not saying that anything in the staff report is incorrect, but the summaries do not make it clear which side of the street we're talking about. I'm glad that your client is going to do the right thing on your side.Thank you. Mr.Bourdon: And that's exactly what we promised the Chic's Beach Civic League, that we would put in exactly what is in the CIP project. Ms. Cuellar: Thank you very much. Mr. Bourdon: Thank you. Ms. Cuellar: Thank you. Madam Clerk, do we have any speakers on this item? Madam Clerk: Yes. We have one speaker on Webex, Kim Mayo. Ms. Cuellar: Good afternoon and welcome. If you could please state your name for the record. Ms.Lawvere: I've asked her to unmute. As of yet, she has not started speaking. Ms. Cuellar: She's unmuted? Ms. Lawvere: She's unmuted. Ms. Cuellar: Good afternoon. Thank you for coming today. Could you please state your name for the record? Ms. Mayo: Can you hear me? Ms. Cuellar: Yes. Hello, Ms. Mayo. Thank you. Please state your name for the record. We're just waiting for you. Ms. Mayo: Good afternoon. Ms. Mayo. Ms. Cuellar: Yes,thank you. Please go ahead. Ms. Mayo: Thank you. I own property very close to this proposed-up zone and want to express opposition. I also serve on our District 9 Civic League and Virginia Wesleyan Alumni Council. I rarely speak to Planning so thanks for taking my comments remotely. This is a huge density change. Potentially 42 people,plus guests, and not ample parking per the plans of 30 parking spaces is problematic. We've seen a recent influx of density at Chic's Beach. Windsong apartments,now known as Attain at Chic's Beach, 196 residential units across the street from this still has plenty of unrented units available, and the new luxury condos nearby have also contributed to gridlock. Our sidewalks and infrastructure is not in place and flooding is a known issue. TJ Morgan and the Honorable Late Councilman Louis Jones fought against Windsong apartments and protected our property rights,which isn't true of our current Councilman Schulman. He is not trusted by many of our residents after his role in Pleasure House Point. According to CELDF,the Community Environmental Legal Defense Fund, Josh took a campaign donation from a developer who now has water views following the clear cut of our maritime forest in over 5,000 trees. We spent$12 million, some have pointed out,to provide a water view for a developer which seems to many financially irresponsible and potentially criminal.No elected or appointed of official should reward developer donors. With uncontrolled residential development, it's also harder for landlords to rent their property. Many own just one or two properties and rely on this income. I often think of my mentor and late friend Dr. Pat Sullivan,who was Virginia Wesleyan's first female professor and a longtime Chic's Beach resident.A developer-crammed density residential all around her modest Chic's Beach condo near Bouy's Restaurant,tearing down Live Oaks, and making it hard to even leave her driveway, she was so upset by this. We need to protect our property rights and not just rubber stamp projects. We must balance growth with preservation. These residential density projects and established suburban neighborhoods are increasing our tax bills and decreasing the quality of life for existing residents. As citizens,we need to keep showing up and make our voices heard. Thank you. Ms. Cuellar: Yes. Thank you very much. Ms. Mayo. If you could please just pause for a moment if there's any questions from the commission. Commissioner Plumlee? Mr. Plumlee: Ms. Mayo, if you don't mind repeating for me where you live in relation to this proposed project if you're still on. Ms. Lawvere: She's unmated. Ms. Cuellar: Ms. Mayo,were you able to hear the question? Ms. Lawvere:Now she's muted. She muted herself again. Mr. Plumlee: You're currently muted, Ms.Mayo. Do you mind unmuting?My question is just where do you live in relation to this project? Ms.Mayo: Hi. Can you hear me? Mr.Plumlee: Yes. Ms. Cuellar: Yes. Ms. Mayo: Sorry about that. As I stated in my first sentence, I own property, if I were to estimate, 100 steps from the proposed development. Ms. Cuellar: So, in which direction if you're facing that lot? Ms.Mayo: Heading towards the Wawa on the corner of Shore and Pleasure House. Mr.Plumlee: And that's the property you own, but you do not live there? Is that fair? Ms. Mayo: If you're asking where I live, I live about a mile from the property. Mr.Plumlee: I see. Do you have direct experience with flooding in that area? That's what my question is going to. Ms.Mayo: Yes. Mr. Plumlee: Can you describe the flooding and the location of the flooding that you've experienced?I'm talking about on the street where the proposed project is set. Ms.Mayo: Yes. That whole area floods. There's an apartment across the street that is prone to flooding so there's definitely some flooding there. It's to the right of Windsong Apartments heading towards the Wawa. Again, I don't know what direction that is. Mr.Plumlee: And is it impassable at times when it floods? Ms. Mayo: It's the apartment community itself is prone to flooding. I don't typically drive through that parking lot,but that's where there's a lot of flooding in that parking lot. Mr. Plumlee: So, it's not the street. It's the apartment complex parking lot that you're talking about flooding. Ms. Mayo: Correct. Mr. Plumlee: Thank you very much. Ms. Cuellar: Thank you. Are there any further questions?We have one more,Ms. Mayo, so please stay on the line. Commissioner Byler? Ms. Byler: Ms. Mayo, I understood you to say you're a member of an area Civic League. Are you speaking today on behalf of that Civic League or are you speaking as an individual property owner? Ms. Mayo: As an individual. I'm on the board of our Civic League and I'm speaking as an individual, and I also recently rejoined the Chic's Beach Civic League and don't agree entirely with the attorney's representation. Ms.Byler: In what regard do you not agree?Have either of those Civic Leagues brought this matter up and have they addressed it, either positively or negatively to the best of your knowledge? Ms. Mayo: I was not present at the Chic's Beach Civic League when the developer came in to present. I believe that was about two months ago and there has been a lot of concern raised on social media by Chic's Beach residents,as well as property owners. I reached out to Cami Best- Jones,who I believe to be the current president of the Civic League who I believe is stepping off that board. I'm not sure if she's done so or not and she did not return two of my messages on this topic. Ms. Byler: Okay. So, I understand then that the Civic League,to the best of your knowledge, have neither supported nor opposed officially this application. Thank you. Ms. Mayo: Yes,thank you. Ms. Cuellar: No further questions then for our speaker. Thank you very much, Ms. Mayo, for participating today. Ms. Mayo: Thank you. Mr. Bourdon: Well, I'm not sure what representation Ms. Mayo believes I made. I simply said we met with the Civic League. I didn't make any representation. I did represent that they were mostly concerned with the A-24 zoning district,which I think is 100%accurate. The property across the street is not an apartment complex.As we talked about earlier, it's Mr. Gregor's development which is one of the more recent developments down there, although it's probably been a good 15 years at this point since that's been there, maybe 12. She's speaking of older properties to the south towards Shore Drive in the blocks beyond the Windsong property, not the property across the street from this piece of property. These are not rentals. These will be for sale units. They will be significantly more valuable than the apartments or the duplexes on the south and north of this property. On the west side of Pleasure House,the values of the properties across the street that are also for sale owner- occupied units are much higher as well. These will be every bit as valuable and have prices every bit as high as those, but we are going to handle storm water unlike all the other properties out there, including to some degree Windsong,which because it was redevelopment didn't have to meet the current requirements. I mean,they get reduced by 10%and et cetera because redevelopment. This was basically a greenfield development and will have to meet the storm water requirements and there will be storm water retention underneath the drive aisle in the parking lot to handle both quantity and quality. Happy to answer any questions. Ms. Cuellar: Thank you very much. Commissioner Plumlee? Mr. Plumlee: Mr. Bourdon,the request to exceed 35 feet is based upon the freeboard accommodation under the new regs. That was your point, I think. Mr. Bourdon: Yes,that's correct. If we raise the freeboard, or raise the heights if we don't,then it will be 35. Mr. Plumlee: And you had mentioned that that's part of the effort to increase the resilience of that property and its safety, et cetera, so there is some acceptance. There is a water body behind you. This is an issue that's of great importance to the city with regards to flooding, so you acknowledge that that's correct. Mr. Bourdon: Oh, absolutely. We all need to acknowledge that we need to create more resilience. Mr.Plumlee: Yep. Thank you. Ms. Cuellar: Thank you. Thank you very much. At this time, I'd like to open up the floor for discussion and to entertain a motion. Commissioner Coston? Mr. Coston: I move that we approve the item. Ms. Schoonover: Second. Ms. Cuellar: We have a motion by Commissioner Coston for approval, seconded by Commissioner Schoonover. Is there further discussion?Commissioner Byler? Ms. Byler: Thank you, Madam Chair. This application gave me a lot of concern. What I understand from our comprehensive plan and what I try to be sensitive to is purposeful infill development. I understand we need to develop,but we also want to respect neighborhood character and the unique neighborhood identity. The Chic's Beach area,the Pleasure House Road area is near and dear to my heart. I went to Bayside High School,grew up in that area, and love it. It does have a unique character. I walked the property. I was very concerned about the sidewalk. There really isn't a safe area for walking up and down that street. We have Commonwealth Brewing near and a lot of pedestrians. This is a neighborhood concentric property. I do believe that the development that has been proposed will be an asset. I do think it's in keeping with the properties and the immediate vicinity. And while I always hate to lose a little cottage in favor of multifamily,we all know we need infill development and we need housing for people in Virginia Beach. So, I will support this motion. Thank you. Ms. Cuellar: Thank you, Commissioner. Commissioner Camp? Mr. Camp: Prior to the applicant's changes to the proposal, I would not be supporting this application. The changes in height,the changes to the side path out front, and most importantly the changes to the requested zoning, from what I felt was a very unreasonable A-24 standard to the next most appropriate standard A-12 that fits this,have now brought it into the area and have referenced this in prior occasions. Is it close?Well,when you're within two feet of the standard on a 35-foot standard,yes, I think you're close enough. And so today, I am prepared to support this in the spirit of our comprehensive plans infill development. I think that's what this is. Thank you. Ms. Cuellar: Thank you, Commissioner. Commissioner Mauch. Mr. Mauch: I just wanted to make sure that we're addressing all the concerns from Ms. Mayo. She talked about flooding mainly in the complex across the way,not necessarily the street is what I heard, and then the traffic pressures. We do have that CIP to address those concerns. Well, it'd be wonderful if we could allow for that to happen sooner rather than later, but that's outside of our control. She did address the parking issue and I just want to clarify with staff. Is the parking plan appropriate for this property? Ms. Bookholt: The parking plan proposed meets our regulation,yes. Mr. Mauch: Okay. Thank you. And then just one comment maybe. I know it's very difficult, but I think that we should probably try to intend on keeping the comments addressed towards the application and maybe not so much towards personal attacks and accusations. I don't think that that's acceptable. Thank you. Ms. Cuellar: Thank you, Commissioner.Any further discussion?The vote is open. We have a motion on the table for approval from Commissioner Coston and seconded by Commissioner Schoonover. Madam Clerk: By a recorded vote of 10-0, item seven,Brikel, LLC, 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 Proffers Proffer 1 When the Property is redeveloped, it shall be improved with a seven (7) unit residential condominium with fencing, landscaping, access and parking substantially as shown on the exhibit entitled "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "CONCEPTUAL DEVELOPMENT PLAN" dated March 25, 2025 rev. 08/29/2025, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter "Conceptual Development Plan"). Proffer The architectural design and features of the buildings depicted on the Conceptual Development Plan will be as depicted on the exhibit entitled, "2421 PLEASURE HOUSE CONDOMINIUM ZONING EXHIBIT LOT 3 PLAT OF PROPERTY OF BAYSIDE CORPORATION (M.B. 12, PG. 72) VIRGINIA BEACH, VIRGINIA" - "ARCHITECTURAL ELEVATIONS AND DETAILS", dated March 25, 2025 rev. 08/29/2025, prepared by WPL, with the primary exterior building materials and their color palettes being as designated, depicted and described thereon (hereinafter "Architectural Elevations & Details"). The Architectural Elevations & Details Exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and is incorporated herein by this reference. Proffer 3 When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area.The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. From: Mrs M To: Michael D.Haves;Kristin A.Bauer;Holly Cuellar Cc: Marchelle L.Coleman; rkleinvbpc(&icloud.com Subject: Re: Brikel LLC Agenda Item 8-HOW MANY Bedrooms per Unit?Shore Drive Density Road issues? Date: Monday,August 11,2025 4:41:16 PM Attachments: IMG 4410.onq 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. It seems the numbers of bedrooms may be a mystery (unknown)? So I will venture to say 3 bedrooms per Condo unit of that height REZONING to 7 Condo Units with 3 bedrooms each - 21 bedrooms at two people per bedroom - 42 residents Across the country, communities have come to rely on the industry standard—"two persons per bedroom" as a reasonable occupancy standard. It comes from HUD in what's known as the "Keating memo," which states that the agency considers two persons per bedroom to be a reasonable standard. Oct 23, 2018 H Fair Housing Coach > article > evalu... Evaluate Your Occupancy Standards to Prevent Discrimination Claims - Fair Housing Coach This is EXCESSIVE Density !! I am opposed to high density development when there are so many traffic crashes in the Shore Drive/Chicks Beach area. Rona Marsh Thalia District 8 On Mon, Aug 11, 2025 at l:06 PM Mrs M <ronamarsh24W,)gmail.com> wrote: Hello Planner Michael Hayes - HOW MANY BEDROOMS for each of the seven units please? Brikel, LLC Agenda Item 8 Going from 1 dwelling to 7 dwellings? 12:22 ., A 62 Brikel,LLC Agenda Item 8 page 9 of 14 Site Photos Br,kel,LLC Agenda Item 8 page 10 of 14 Disclosure VIRGINIA VB BEACH Statement Disclosure Thr dfirso s rprt:+unrd in thry fiy+n are aeT+'SSorY to bfe•m Pubk afi rra;5 wha ropy vote w t0, oppl2p[ion m to whethm thry ha e o cwf'P of trNrrrt!u d,VwW o bw C—Pkn1-and sutrmr--a/ t..cn+:; ,,•v.d; ,.,..a=. .., --a,rcW etcalr mpr:rn a'ro[ne aew9opmenrara/or •.'+by the C4Y C-1,b—ds,-,,4Wv s a. SECTION 1:APPLICA14T DISCLOSURE APPLICANT INFORMATION j Applh a I Name Brikel LLC_a Virginia em;ted itabetty company IS AppNunt atw the Owner of tNe SuLjep{ppperryi tesQ NaQ �i Mnu,Prnpr. 10 vn:q pktr SFitls'J-!t :FRtlPFRII GWNER pJSCLLMURf !J. s3ms-east-1.amazonaws.com I have not heard how the Shore Drive Road Safety projects are progressing and question adding MAXIMUM Density in a high traffic accident risk area. Shore Drive's high-profile crashes suggest it may be a focus area for safety improvements. September 29, 2023: A three-vehicle crash in the 1400 block of Shore Drive near First Landing State Park resulted in one fatality and two injuries. Traffic crashes in Virginia Beach are a major cause of property damage, injury, and death annually, despite improvements in vehicle safety,road design, and traffic signage. High Density OVER Development seems to add to the traffic crashes. Thank you for providing the specific number of bedrooms so I can multiply each bedroom by 2 (per HUD Keating decision)to help understand how many residents will be on this residential lot. My best to Marchelle as she has answered my questions about numbers of bedrooms for many years. Rona Marsh Thalia District 8 SITE DATA k .i eawnwe meo ( �$ I �a -- Evaluation & Recommendation In Staffs opinion,this request to conditionally rezone the property from R-7.5 Residential District to A-24 Apartment District to develop 7 condominium units is acceptable. The property is located in the Shore Drive Corridor Overlay where the City seeks to protect and enhance the corridor's character.in this particular area of the Overlay,there is a mixture of residential uses,including From: Steoh Dobson To: Michael D.Haves Subject: Opposed to Re-Zoning at 2421 Pleasure House Rd Date: Tuesday,August 12,2025 3:25:59 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Michael Hayes, My name is Stephanie Dobson. I am an owner-occupier and president of the condo association at Bay Winds Court,which is adjacent to the parcel in question. I am an active member in my civic league and attended our meeting on Monday night, during which we extensively discussed this rezoning. The following concerns are not only my thoughts, but also echo many others in my community who feel the same way. I oppose this rezoning. The citizens of Chic's Beach will not profit from this development. In fact,we will be the ones who will pay the consequences. I do not feel that the developers have taken into sufficient consideration the environmental repercussions, safety concerns, or the impact that additional housing will have on the increased traffic and limited parking on Pleasure House,which is already a significant challenge. Our infrastructure cannot handle more residents. Additionally,the teardown of single-family one-story homes and the influx of new"high-end" properties are taking away from the unique charm of the neighborhood that we all know and love. Please do not let the greed of developers ruin that. Recently,a strong opposition to the rezoning at Wind Song fell on deaf ears,and our community did not feel heard. This is our home. I implore the City and our elected officials to take into serious consideration the repercussions our neighborhood will have to endure if Chic's Beach becomes any more overpopulated and overdeveloped. Shame on you if you do not listen to what our current residents want for the future of our community. You must stop all rezoning in Chic's Beach now.Ask yourself who will benefit from this rezoning and who will be the ones suffering the consequences? Thank you for your time and consideration. From: Steoh Dobson To: Michael D.Haves Subject: Opposed to Re-Zoning at 2421 Pleasure House Rd Date: Tuesday,August 12,2025 3:25:59 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Michael Hayes, My name is Stephanie Dobson. I am an owner-occupier and president of the condo association at Bay Winds Court,which is adjacent to the parcel in question. I am an active member in my civic league and attended our meeting on Monday night,during which we extensively discussed this rezoning. The following concerns are not only my thoughts, but also echo many others in my community who feel the same way. I oppose this rezoning. The citizens of Chic's Beach will not profit from this development. In fact,we will be the ones who will pay the consequences. I do not feel that the developers have taken into sufficient consideration the environmental repercussions, safety concerns, or the impact that additional housing will have on the increased traffic and limited parking on Pleasure House,which is already a significant challenge. Our infrastructure cannot handle more residents. Additionally,the teardown of single-family one-story homes and the influx of new"high-end" properties are taking away from the unique charm of the neighborhood that we all know and love. Please do not let the greed of developers ruin that. Recently, a strong opposition to the rezoning at Wind Song fell on deaf ears, and our community did not feel heard. This is our home. I implore the City and our elected officials to take into serious consideration the repercussions our neighborhood will have to endure if Chic's Beach becomes any more overpopulated and overdeveloped. Shame on you if you do not listen to what our current residents want for the future of our community. You must stop all rezoning in Chic's Beach now.Ask yourself who will benefit from this rezoning and who will be the ones suffering the consequences? Thank you for your time and consideration. B2 0 R10 ti /B2 �o a R10 B2 R20.. R15 ® Site N Zoning Green Clean Holdings, LLC - Joe Bertucci WE Property Polygons 1373 N Great Neck Rod . . s Feet 0 25 50 100 150 200 Map created by Planning Department on 10/14/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN HOLDINGS, LLC — JOE BERTUCCI [Applicant] GRANITE PEAK PROPERTY INVESTMENTS, LP & NG20 LP [Property Owners] Conditional Use Permit (Car Wash Facility) for the property located at 1373 N. Great Neck Road (GPIN 2408187455). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: November 18, 2025 ■ Background: The applicant is proposing to repurpose a vacant Rite Aid pharmacy for a Car Wash Facility on a 1.48-acre, B-2 zoned parcel. While the building is proposed to stay largely intact, the car wash operation requires the installation of two sets of large bay doors on the front and rear elevations. One half of the interior will be renovated for the car wash, while the other side will be converted to an indoor vacuum area, including 8 vacuum stations. Three additional outdoor vacuum stations will also be provided. The exterior materials, primarily brick, will remain, with new signage being placed on the side of the building. The applicant also proposes refacing the existing free-standing monument sign rather than constructing a new one. Prior to the Planning Commission hearing and in response to neighbor concerns, the applicant reworked the circulation on the site to be more accommodating of traffic from Poplar Point Road. These modifications allowed easier access to the pay stations and car wash tunnel from the Popular Point access. Additionally, a 15-foot, Category IV landscape buffer is proposed adjacent to the residential properties to the west, to include a six-foot-tall, neutral earthtone, vinyl fence. Typical hours of operation are 8:00 a.m. to 8:00 p.m. daily. Per Section 228.1 of the Zoning Ordinance, three parking spaces are required and 18 parking spaces are provided on site, satisfying the parking requirement for the use. ■ Considerations: The site is designated as part of the Inland Character Area within the Commercial Area Pattern Book (CAPB). The CAPB envisions transforming auto-centric commercial corridors, such as this one along N. Great Neck Road, into safe and comfortable routes for pedestrians and cyclists through redevelopment. The proposed use is clearly auto-centric and does not further this goal. While Staff cannot find the proposed use in keeping with the adopted goal of transforming this commercial corridor, Staff does recognize the effort of the applicant in working with Traffic Engineering staff and addressing neighbor concerns to make improvements Green Clean Holdings, LLC —Joe Bertucci Page 2 of 3 to the site layout and circulation. Staff also recognizes that the proposed reuse of the building is an improvement over the existing vacant building. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Four Letters of opposition were received, noting concerns with incompatibility with adjacent residential, noise, traffic, safety, and environmental impacts. ■ Recommendation: On October 8, 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 with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated September 19, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The building will be constructed in substantial conformance with the submitted colored elevations entitled "Green Clean Express Auto Wash: 1373 Great Neck Road, Virginia Beach, VA" prepared by SBA Studios, and dated August 5, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. The proposal shall maintain the existing structure and materials with exceptions for new fenestration, awnings, and signage as shown in the referenced elevations. 3. The attendant booth displayed on the concept site and landscaping plan referenced in Condition 1, shall be in substantial conformance with the rendering entitled "Green Clean Express: Attendant Booth Designs", dated September 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The dumpster enclosure shall be in substantial conformance with the rendering entitled "Proposed Dumpster Enclosure", dated 04/07/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The vacuum stations shall have an all-gray assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. Lights in the vacuum stations shall be turned off at the end of the business day. 7. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. Green Clean Holdings, LLC —Joe Bertucci Page 3 of 3 8. Final design of the pay stations is subject to review and approval by the Planning Director during site plan review. 9. No window or outdoor advertising banners, pennants, streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 10.No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 11.All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 12.Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Opposition (3) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:AW Agenda Item 10 Applicant: Green Clean Holdings, LLC-Joe Bertucci Property • Peak • ••. • & NG20 LP Planning Commission Public Hearing: October 8, 2025 CouncilCity Project Details Request Conditional Use Permit (Car Wash Facility) PAO ., ���� � �. - os�� .fit► 1 - _ Staff Recommendation Denial Staff Planner Michael Hayes , l�o �4 Location �,- 1373 N Great Neck Road JT-, °s �.- GPIN 0 CK'SQ"ABEsc sp� 2408187455 �. ��t �3 i, i j�a�"m e` Site Size `Ec� ., Figs 1.48 acres COLGN�M�o� AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former retail establishment/ B-2 Community Business � � Surrounding Land Uses and Zoning Districts North Poplar Point Road Automotive service station, vocational school/ B-2 Community Business South Eating and drinking establishment, office/ B-2 Community Business East N. Great Neck Road Eating and drinking establishments, dental office, retail establishments/ B-2 Community Business West Single-family dwellings/ R-10 Residential Green Clean Holdings,LLC Agenda Item 10 page 1 of 19 BackgroundSummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Car Wash Facility on a 1.48-acre B-2 Community Business zoned parcel. • A Rite Aid Pharmacy was constructed on this parcel in 2020 and operated here until earlier this year, when the store was closed. The applicant is proposing to reuse the existing building for the car wash. While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building, they will occur within the existing footprint of the building. • The applicant is proposing to reuse the building. Two bays will be cut into the building with bay doors facing the front and rear. One half of the interior will be renovated for the car wash, while the other side will be converted to an indoor vacuum area, including 8 vacuum stations.Three additional outdoor vacuum stations will also be provided, with one at the front of the site and two on the interior (southeast) side of the site. The exterior materials, primarily brick, will remain, with new signage being placed on the side of the building. The applicant also proposes refacing the existing free-standing monument sign rather than constructing a new one. • The primary entrance is along N. Great Neck Road, with a secondary access available off Poplar Point Road. • Upon entering the site from N. Great Neck Road, customers will be routed to the right to the pay kiosks, then will proceed to the car wash entrance at the rear of the building. After completing the wash, vehicles will exit through the front of the building and turn right. From there, customers can either exit the site via N. Great Neck Road, turn back into the building to use the indoor vacuums, or continue around the side to use the outdoor vacuums. As depicted on the conceptual site plan, the required 15-foot, Category IV landscape buffer adjacent to the residential district to the west, with a six-foot-tall, neutral earthtone, vinyl fence is provided. Additionally, the conceptual plan includes the required building foundation and street frontage landscaping, satisfying the landscaping requirements outlined in the Ordinance. Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. The concept and landscape plan proposes 18 parking spaces, exceeding the minimum three spaces required. • The typical hours of operation are 8:00 a.m. to 8:00 p.m. daily. Green Clean Holdings, LLC Agenda Item 10 page 2 of 19 Zoning History Map Key No. Request 1 CUP (School) Approved 10/05/2021 `'� B2\ B2v R1a �QO�� 'oQs y�F � C+1 / B �O R20 . R10 R15 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: Floodploin Variance Conditions ALT-Alternative Compliance Evaluation • • • In Staff's opinion, the proposed Car Wash Facility is an inappropriate use for this prominent corner along N. Great Neck Road.The Comprehensive Plan identifies this area as being part of the Suburban Area, which recommends the development of Great Neighborhoods, which are identified as areas that balance residential neighborhoods with complementary non-residential uses. Additionally, the site is designated as part of the Inland Character Area within the Commercial Area Pattern Book (CAPB). The CAPB envisions transforming auto-centric commercial corridors into safe and comfortable routes for pedestrians and cyclists through redevelopment. The proposed use is clearly auto-centric and does not further this goal. In designing the site, the applicant worked diligently with Traffic Engineering to ensure that onsite traffic will not back up onto N. Great Neck Road. The proposed design provides ample stacking away from N. Great Neck Road and limits crossover traffic, allowing for a freer flow on site. Following the community meeting on September 30, 2025, the applicant made additional changes to the site layout to allow traffic entering the site from Poplar Point Road to circumnavigate the building and access the pay booths and wash bay. While the proposed reuse of this now vacant building is an improvement over the existing conditions, Staff is of the opinion that the site would be better suited for a non-auto-oriented use. With these considerations, Staff recommends denial of this application. Noting, however, the quality of the proposal, Staff has included a Green Clean Holdings, LLC Agenda Item 10 page 3 of 19 list of recommended conditions should the Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach,VA", prepared by Kimley-Horn, and dated October 2, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The building will be constructed in substantial conformance with the submitted colored elevations entitled "Green Clean Express Auto Wash: 1373 Great Neck Road, Virginia Beach, VA" prepared by SBA Studios, and dated August 5, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. The proposal shall maintain the existing structure and materials with exceptions for new fenestration, awnings, and signage as shown in the referenced elevations. 3. The attendant booth displayed on the concept site and landscaping plan referenced in Condition 1, shall be in substantial conformance with the rendering entitled "Green Clean Express: Attendant Booth Designs", dated September 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The dumpster enclosure shall be in substantial conformance with the rendering entitled "Proposed Dumpster Enclosure", dated 04/07/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The vacuum stations shall have an all-gray assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. Lights in the vacuum stations shall be turned off at the end of the business day. 7. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 8. Final design of the pay stations is subject to review and approval by the Planning Director during site plan review. 9. No window or outdoor advertising banners, pennants, streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 10. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. Green Clean Holdings, LLC Agenda Item 10 page 4 of 19 11. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 12. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information This project falls within the Suburban Area as defined in the Comprehensive Plan. The Suburban Area's guiding principle of maintaining "Great Neighborhoods" calls for complementary non-residential uses at the edges of residential areas to provide goods, services, and employment to nearby residents. The Commercial Area Pattern Book classifies this project within an Inland Character Area where the vision is to redevelop more auto- oriented commercial development into more pedestrian and bicycle accessible development. (p.34, CAPB)The Commercial Area Pattern Book goes on to emphasize the need for site design to include clear pedestrian pathways that make access within the site and off the site convenient and safe. (p.34, CAPB) Bicycle parking should be included with all development and redevelopment. (p.13-6) Landscaping should be used to enhance the site to make it more attractive as well as safer. (p. B-7) 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. Green Clean Holdings, LLC Agenda Item 10 page 5 of 19 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Great Neck Road 37,000 ADT1 55,000 ADT 1(LOS 4 Existing Land Use Z- 1,150 ADT D ) Proposed Land Use 3-500 ADT 1 Average Daily Trips 'As defined by a 3As defined by a one 4LOS = Level of 10,700 sf pharmacy tunnel car wash Service with drive-thru facility Master Transportation Plan(MTP)and Capital Improvement Program(CIP) N. Great Neck Road is a six-lane suburban arterial in the vicinity of this site. N. Great Neck Road has a variable right-of-way width, and the Master Transportation Plan shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no capital improvement projects scheduled for this segment of N. Great Neck Road. Active Transportation Plan The Active Transportation Plan recommends side paths along N. Great Neck Road with a minimum width of 11 to 12 feet. These side paths may be located directly at the back of the curb, without a required separation. However, due to the scope of the project, with the building being repurposed and no work proposed in the right-of-way or to the entrances, upgrades to the existing sidewalk were not requested by Parks & Recreation with this request. Public Utility Impacts Water City water is connected to the site. An upgrade to the line may be required to accommodate the proposed use. Sewer City sanitary sewer is connected to the site. Green Clean Holdings, LLC Agenda Item 10 page 6 of 19 Public Outreach Information Planning Commission • The applicant/applicant's representative sent a letter to neighboring property owners on September 3, 2025 and hosted an open house on the subject site on September 30, 2025 to discuss the details of the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Green Clean Holdings, LLC Agenda Item 10 page 7 of 19 • CARWASHCONCEPT ' •. VIRGINIA BEACH,VA L � ..•4•; • zr,.}, ,�-9r" �. fifif DATA 1 u,al u R- GREAT NECK RD .um uMv .r Al.urv. � 'M'A f@ I.MrNbtrfliY _ +r.w gf:fwM�r.w rT.. fMrr 3.Iu.Vs4 -urns..w nsr � •.�___`___-��_ ___ _- a'i.4.lv0 LM Uf[ifl'..XSR•Ari'�v 1 -� .mu'ftiv39r.h V rosA �� i�f' 4` I � A/// I n�ayn+��rcL�.Aw rv'c B2Y � 3 - r I x }} PLANTSCHEDULE G '�` I.. 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QUICK BRIK(MATCH BUILDING) • IS I n< I O a� CEDAR PLANKS ON STEEL FRAME, _1 �r-1";�___Z_.:S_: =._�_ • INSTALL LATCH HARDWARE& (C3A)STERS f@ PROVIDE DOOR BASE.PROE STRAP NGESPER HEAVY DU TYTDOOR.ERIORGRADE LEFT SIDE ELEVATION OF DOORS TO BE 3W.1/4•STEEL ANGLE WELDED(1/4'WELD MIN.)ALL LIMESTONE CPP,lYP 6 CORNERS W/3'x3'z 1/4'STEEL ANGLE QUICK BRIK\ DLAGONAL CROSS BRACING WELDED (MATCH BUILDING) TOSTEELFRAME.WEL.DTOPANO i BOTTOM STEEL ANGLE OF FRAME TO STEEL TUBE ATTACHED TO HINGES __ r l,­-24k24k48'DEEP CONC.FTG. `r- z'ra I i i6k6'CONCRETE FOOTING W(2)05CONTIN000S. ____L_ .. R - INSTAL DIAL,1 INSTALL LONG,METAL O T RODGATE LATCH. TE@ �4•x 6' a I I I I Tn HOLE MTOCONCRETE�BOTH � OPEN AND CLOSED POSITIONS TO 3 ? ! I I I RECEIVE LATCH ROD _ _ CONTROLJOINT 9 ! § RIGHT SIDE ELEVATION CEDAR GATE ��----� ----_. CONC.FILLED 6'DIA BOLLARD, DOORS,PANTED TYP.PANTEE MATCH EIFS ON BUILDING.SEE BOLLARD DETAIL i WICK BRIK(MATCH BUILDING) 31, GATE STRAP HINGE.(3)PER DOOR I. 6'-0• 6-0' ;j I CCNC.FILLED 6'DIA 1 BOLLARD,T'P.PANT TO 12-8' MATCH METAL SIDING ON BUILDING I b2'DIA.,18•LONG METAL III ROD GATE LATCH FLOOR PLAN 4•GATE CASTER (D PROPOSED DUMPSTER ENCLOSURE oa.o7.2020 n SCALE: va•=r-0• FRONT ELEVATION -A Ir10- r� D ou o ID aa) 0- =' � rna o 3 � r l0 0 n Proposed Fence Ar S N tl . q Proposed Vacuums Vacuum Schematic and Elevation • Vacuum booms will be grey i' UTA. PV I- --103" CREVICE TOOL HOLDER r k -11k. 41k;;k1FAUNG CAR t+C` t' j yr Green Clean Holdings, LLC Agenda Item 10 page 13 of 19 Site • • r. s Green Clean Holdings, LLC Agenda Item 10 page 14 of 19 Disclosure CITY OF Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION + DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Green Clean Holdings, LLC-Joe Bertucci Is Applicant also the Owner of the subject property? Yes©NoM If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesT No0 if yes,name Representative: Kimley-Horn: Grace Henderson,Williams Mullen: Grady Palmer Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesmNo® 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 I relationship with the applicant. (Attach list if necessary.) Loeertucc'(Vice President of Development) ; Shawn Everett(Managing Partner): Van Bremen(Chief Development Officer) Does the subject property have a proposed or pending purchaser? Yes(3No o 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)F If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, Q © JMidcap cross-collateralization,etc.) Real Estate Broker/Agent/Realtor o Wick Smith-Thanlhimer Disclosure Statement I rev. May-2024 page 1 of 3 Green Clean Holdings, LLC Agenda Item 10 page 15 of 19 Disclosure APPLICANTSECTION 1: DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O TBD Architect/Designer/Landscape O O SBA-Kevin ClesZykowski Architect/Land Planner Construction Contractor Q O PG Harris-Justin Short Engineer/Surveyor/Agent Q Kimley-Horn&Associates, Inc. -Grace Legal Services T4F Q 1 Eastern Law Group-Jerry Bowman Williams Mullen-Grady Palmer APPLICANT CERTIFICATION READ:I certify that oil information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Joe Bertucci August 1.2025 Applicant Name(Print) Applicant ignature Date 1"Porent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when 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 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): 10/31/2025 Michael Hayes 10/31/2025 Staff Name(Print) Staff Signatur Date Disclosure Statement rev. May 2024 page 2 of 3 Green Clean Holdings, LLC Agenda Item 10 page 16 of 19 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application NG20, LP Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YeseNo© if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary f or affiliated business entity I relationship with the applicant. (Attach list if necessary.) avid Trakman, Manager and Genevieve Hedrick, Manager 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 o Noe 1 es,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, ® e cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Accounting/Tax Return Preparation © e Architect/Designer/Landscape © e Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent 4 e Legal Services O e PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Genevieve Hedrick JM\-Z 08/27/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Green Clean Holdings, LLC Agenda Item 10 page 17 of 19 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application GRANITE PEAK PROPERTY INVESTMENTS LP Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YeseNo4 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) David Trakman, Manager and Genevieve Hedrick, Manager Does the subject property have a proposed or pending purchaser? Yes4 Noe if yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q Noe If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, ® e cross-collateralization,etc.) Real Estate Broker/Agent/Realtor e Accounting/Tax Return Preparation e Architect/Designer/Landscape ® e Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent 0 q) Legal Services o I e PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Genevieve Hedrick '00-z 08/27/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Green Clean Holdings, LLC Agenda Item 10 page 18 of 19 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. Green Clean Holdings, LLC Agenda Item 10 page 19 of 19 Virginia Beach Planning Commission October 8, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #10 Green Clean Holdings, LLC — Joe Bertucci Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our last and final item is Item 10, Green Clean Holdings, LLC. Joe Bertucci. Ms. Cuellar: Good afternoon. Mr. Palmer: Good afternoon, Planning Commission,members of the city staff. My name is Grady Palmer. I'm an attorney representing Green Clean. I've represented several Green Clean applications over the last year and a half here in Virginia Beach and it's a pleasure to be here today on their behalf. I really appreciate the discussion during the informal. I think this is a really good project and I really appreciate the community meeting. I think we made a good project much better based on the feedback. And so, I won't take up a lot of time. I'll speak in rebuttal if there's any speakers that need to be addressed, but I want to thank you,thank the staff for all the work on this. Thank you. Ms. Cuellar: Thanks. Hold on one second.Are there any questions for Mr. Palmer?No,thank you. Oh,pardon me. Commissioner Anderson? Mr.Anderson: Mr. Palmer, we discussed at the public meeting in reference to the pedestrian traffic. And you guys were going to get with traffic engineering to discuss the stoplight and pedestrian crossing. Has that been done? Mr.Palmer: Yeah, I don't remember. I know that Mr. Cummings had talked about some things that he was going to do, so there may be some confusion between who's doing what. But I'm happy to get with them before we get to counsel and work out whatever we can work out. Ms. Cuellar: Thank you. Mr. Palmer: Thank you. Ms. Cuellar: Madam Clerk. I just want to double check, do we have any speakers today? Madam Clerk: We do not have anybody signed up to speak,but we do have somebody here to answer questions if the Commission wishes. Ms. Cuellar: Pardon me? Ms. Cuellar: Oh. Ms. Cuellar: Rebuttal? Mr. Plumlee: I'll move to approve if we're ready for motions. Mr. Mauch: 1'll second. Ms. Cuellar: We have a motion for approval from Commissioner Plumlee, seconded by Commissioner Mauch. Is there discussion? Ms. Byler: Yes. Yes,we have Commissioner Byler. Ms. Byler: Thank you for being here again today. I don't always support these Green Clean applications. The very nature of it requiring a conditional use permit is a red flag, if you will,that we need to stop and look at it and see whether or not this is an appropriate location for a car wash. The comprehensive plan identifies this property as part of the suburban area,which recommends development of the great neighborhoods and that's defined as a balance between residential and complimentary non-residential use. Additionally,this specific site is designated as part of the inland character area within the commercial area pattern book. And that envisions transforming auto-centric commercial corridors and into safe, comfortable routes for pedestrians and cyclists through redevelopment. I'm a big supporter of going forward and making Virginia Beach even better than it already is and I believe in the concentric plans. This particular location is really surrounded by fast-moving cars. And for that reason, I take a rare stand and I do not go along with staff that recommends non-approval and I will support this application. But generally I would go along with staff because this use is clearly auto-centric and it does not further the goals of pedestrian and cycle- friendly. But in this location, it makes sense to me, so I will support it. I just wanted to go on the record explaining so it doesn't look like I'm flip-flopping. Ms. Cuellar: Thank you, Commissioner. Commissioner Camp? Mr. Camp: Similarly, I would not normally support this,but we do have the leeway to look at specific sites.And like Commissioner Byler, I am inclined to support the staff and always to support the comprehensive plan. In this particular location,the other three corners I don't believe are going to have an evolving use anytime soon. And as such,to attract a use on this fourth corner, given the legacy building that's there that someone would have to then incur expense to do something with, most likely would leave us for an extended period of time with a vacant building.And for that reason and looking at the modifications that were made to the site plan after the public meeting, as well as our site visit, again, in this rare case, I'm willing to contradict staffs recommendation, which is not my normal inclination and to go ahead and vote to approve this particular exception. Ms. Cuellar: Thank you very much. Commissioner Hippen? Ms.Hippen: As you remember,back when you did the one at South Plaza Trail in Holland, I was a thorn in your side. And I greatly value what planning staff says. However,this is one of those exceptions where I will support this car wash going in at that location. Brilliant as they are, every once in a while, I will go along with the applicant. Ms. Cuellar: Thank you very much. This will be the second car wash in my district. I had the opportunity to spend time with Mr. Palmer and at the public meeting as well as going over to the site on Virginia Beach Boulevard with a really specific focus on how it would affect the neighbors being so close. And I was satisfied with the landscaping, the fencing, everything that was happening at Virginia Beach Boulevard's location in King's Grant. And I've seen time and time again, what a good neighbor they are. And that'll be my expectation on Great Neck Road again. So, I will be supporting him. The vote is open. We have a motion on the floor if there's no further discussion. Motion for approval, Commissioner Plumlee, seconded by Commissioner Mauch. Madam Clerk: By recorded vote of 10-0, Item 10, Green Clean Holding, LLC, Joe Bertucci has been recommended for approval. Ms. Cuellar: Thank you very much. That was our last item. We are adjourned. 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 with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated September 19, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The building will be constructed in substantial conformance with the submitted colored elevations entitled "Green Clean Express Auto Wash: 1373 Great Neck Road, Virginia Beach, VA" prepared by SBA Studios, and dated August 5, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development.The proposal shall maintain the existing structure and materials with exceptions for new fenestration, awnings, and signage as shown in the referenced elevations. I The attendant booth displayed on the concept site and landscaping plan referenced in Condition 1, shall be in substantial conformance with the rendering entitled "Green Clean Express: Attendant Booth Designs", dated September 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The dumpster enclosure shall be in substantial conformance with the rendering entitled "Proposed Dumpster Enclosure", dated 04/07/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The vacuum stations shall have an all-gray assembly, including hoses, receptacles, black posts, as depicted in the graphic "Vacuum Schematic and Elevation" as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. Lights in the vacuum stations shall be turned off at the end of the business day. 7. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 8. Final design of the pay stations is subject to review and approval by the Planning Director during site plan review. 9. No window or outdoor advertising banners, pennants, streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 10. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 11. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 12. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 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. 2217 Poplar Point Road Virginia Beach, VA 23454 Michael Hayes Virginia Beach Planning Commission mdhayes(a)vbaov.com Stacy Cummings Grady Palmer Virginia Beach City Council gpalmer@williamsmullen.com District 8 stcummingsCa)vbgov.com Dear Sirs: I am strongly opposed to the proposed request for a Green Clean Car Wash at the former Rite Aid location at 1373 N. Great Neck Road/intersection with Poplar Point Road. First, the traffic at this intersection is heavy and often congested at the signal. It is heavily traveled by commuters, local residents, students, and emergency personnel. This intersection is at the crossroads with Mill Dam Road, which has turned into a major thoroughfare, which routinely backs up. The right of way is ambiguous. The schools in this immediate area are First Colonial High School, Cape Henry Collegiate, and Cox High School. There are many student drivers in this area. The proposed plan shows the entrance to the car wash heading north taking a left from the signal. The increased traffic will undoubtedly result in accidents. Second, the intersection already handles increased traffic from the Lynnhaven Dive Center at 2204 Poplar Point Road. Additionally, the back entrance to Papa John's Pizza is used by drivers continuously. Third, the land use footprint of a car wash, "green" or not, is not a wise choice in an environmentally sensitive watershed. The storm drainage system flows into Great Neck Lake. Construction and use has the potential to disturb this stormwater system. Lastly, Great Neck estates is a small, quiet residential neighborhood. The hours of operation and resulting constant noise would seriously disrupt the quality of life for homeowners. A car wash is not a business that should abut a residential neighborhood. In summary, this project should unequivocally be denied. Sincerely, Cynthia Kube Introducing a car wash risks disrupting this serene setting.Car washes in our city are known to attract large groups of vehicles,especially late at night,often leading to noise, loitering, and, in many cases, police intervention due to disturbances.Such activity would be particularly disruptive in an area surrounded by cut-de-sacs,where there is no outlet for excess traffic or noise to dissipate. The previous Rite Aid site, located in the heart of Great Neck, presented an opportunity to enhance our community with a business that aligns with our values and needs.A car wash is not a suitable use for this property. I urge you and the Virginia Beach Planning Board to reconsider this proposal and explore alternative uses—such as a community-focused retail space,a small business,or a public amenity—that would better serve the residents of Great Neck Estates and preserve the character of our neighborhood. Please feel free to contact me at Nicole.a.Sirignano0bgmail.com or 973-617-6007 to discuss this matter further. I would be happy to provide additional input or participate in community discussions regarding the future of this site.Thank you for your attention to this critical issue, and I look forward to your response. Sincerely, Great Neck Estates Resident Nicole Sirignano 1417 Poplar Point Court Virginia Beach,VA 23454 From: Plannino Administration To: Michael D.Haves Subject: FW:Car Wash Proposal-Great Neck Estates[WMIMAN-IWOVRIC.FID2829151] Date: Monday,September 15,2025 3:00:43 PM Attachments: imaoe001.Qno Hi Mike, hope your day is going well. Please see the below email regarding the Conditional Use Permit for a Car Wash Facility at 1373 Great Neck Road. Best, Alexis Bailey (she/her) DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Planner I, Planning Administration Division 0: (757)385-8745 1 alebaileyC@vbgov.com https:// lap nning.virginiabeach.gov[ 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 ` CJY OF VIRGINIA BEACH From: Nicole Sirignano<nicole.a.sirignano@gmail.com> Sent: Monday, September 15, 2025 1:27 PM To: Palmer, Grady<gpalmer@williamsmullen.com> Cc: Planning Administration <PlanAdmn@vbgov.com>; Kristin A. Bauer<KBauer@vbgov.com>; Planning<PLANNING@vbgov.com>; City Council <CITYCOUNCIL@vbgov.com>; City Clerk <CITYCLERK@vbgov.com> Subject: Re: Car Wash Proposal -Great Neck Estates [WMIMAN-IWOVRIC.FID2829151] CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Palmer, Thank you for your response and for clarifying the operational details of the proposed Green Clean car wash. However,your email does not address the core concerns I raised regarding the potential impact of this business on the safety,tranquility, and environmental integrity of Great Neck Estates. I respectfully reiterate my opposition to this proposal and request further consideration of the following points. First,while you note that Green Clean is not a self-service car wash and operates with set hours,closing at 8 PM,this does not fully mitigate the potential for disruption in our neighborhood.Any commercial operation, particularly one with car vacuum machines, is likely to attract activity during and potentially after operating hours.The proposed site's unique Location—adjacent to three residential cut-de-sacs with no throughway traffic—amplifies the risk of noise, loitering, and traffic congestion disrupting our quiet,family-oriented community. These cut-de-sacs are home to young children and elderly residents who rely on the area's serene environment, and even limited hours of operation could significantly affect their quality of life. Second,your invitation to visit existing Green Clean locations is appreciated, but the Virginia Beach Boulevard and Shore Drive sites are not comparable to the Great Neck Estates location. Those areas have different traffic patterns and are not situated directly adjacent to residential cul-de-sacs.The proposed site's proximity to Great Neck Lake also raises significant environmental concerns,which were not addressed in your response. I have yet to see an environmental impact study evaluating the potential effects of the car wash's operations— such as water runoff,chemical discharge,or noise pollution—on the lake and surrounding ecosystem.Given the site's sensitive location,such a study is critical to ensuring the protection of our natural resources and community well-being. The former Rite Aid site presents a valuable opportunity to enhance Great Neck Estates with a development that aligns with the community's character and needs.A car wash,even with limited hours,does not meet this standard. I urge you and the Virginia Beach Planning Board to reconsider this proposal and explore alternatives,such as community-focused retail or public amenities,that would better serve our neighborhood while preserving its tranquility and environmental integrity. I am happy to discuss these concerns further or participate in community forums to address the future of this site. Please contact me at Nicole.a.Siri nanoCcbgmail.com or 973-617-6007. Thank you for your attention to this matter,and I look forward to your response. Sincerely, Nicole Sirignano Great Neck Estates Resident On Mon,Sep 15, 2025 at 7:09 AM Palmer,Grady<gpalmerCEbwilliamsmullen.com>wrote: Nicole, Thanks for you email and your feedback.One clarification,the carwash you are describing is self- serve carwash.Those operate 24/7 and there are no employees.Green Clean does not operate Like that.They have very definite hours of operation and close the business at 8PM.After that,the car wash cannot be accessed or used. I invite you to see the operation at 3112 Virginia Beach Boulevard or 4769 Shore Drive to get a sense of how they operate. Grady Grady A.Palmer Attorney �� T 757.629.0606 email I v-card I website I Link In 222 Central Park Avenue,Suite 1700 1 Virginia Beach,VA 23462-3035 NOTICE.Information contained in this transmission to the named addressee is proprietary and is subject to attorney-client privilege and work product confidentiality.If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. From: Nicole Sirignano<nicole.a.sirignanoCcDgmail.com> Sent:Wednesday,September 10, 2025 12:05 PM To: Palmer, Grady<goalmerPwilliamsmullen.com> Cc: planadmnl@vbgov.com; CompPlanl@vbgov.com Subject: Car Wash Proposal -Great Neck Estates Email from external sender Dear Mr. Palmer, Thank you for your letter dated September 3, 2025,regarding the proposed conversion of the Rite Aid building into a Green Clean car wash location in Great Neck Estates.As a concerned resident of this community, I strongly oppose this proposal due to significant concerns about its potential impact on our neighborhood's safety,tranquility, and quality of life. For that reason, I am including the Virginia Beach Planning Board. The proposed site is uniquely situated, backing up to three dead-end cul-de-sacs with no throughway traffic.These cul-de-sacs are quiet, residential areas where families, including young children and elderly residents, rely on the peaceful environment for their daily lives. Hp��gND RD "<<qN yotCgNO R 2 B2 ® Site N O zoning Small Circle Tattoo �,,���1; O Property Polygons 979 Chimney Hill Shopping Center, Unit 103 s Feet 0 15 30 60 90 120 Map created by Planning Department on 10/14/2025 N v2R� L>i ,IVY. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SMALL CIRCLE TATTOO [Applicant] VISCORP [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 979 Chimney Hill Shopping Center, Unit 103 (GPIN 1486541674). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: November 18, 2025 ■ Background: The applicant is seeking a Conditional Use Permit for a traditional Tattoo Parlor at 979 Chimney Hill Shopping Center, Unit 103. According to the applicant, up to three independently contracted artists will be operating in the suite, by appointment only. ■ Considerations: In Staff's opinion, this request is acceptable. The site is in the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which a Tattoo Parlor is considered. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On October 8, 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 Conditional Use Permit for a Tattoo Parlor applies solely to 979 Chimney Hill Shopping Center, Suite 103. Small Circle Tattoo Page 2 of 2 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:AW Agenda ► •• •• Property • VISCORP Planning Commission Public Hearing: October 8, 2025VB_ CouncilCity 1 '• Project Details Request Conditional Use Permit (Tattoo Parlor) ! K m o �' r 4� ro C Staff Recommendation �""'"`""`N� - RO —CROFT r.,, Approval Staff Planner Kristin Bauerk v � - Location 979 Chimney Hill Shopping Center, Unit 103 GP/N 1486541674 Site Size 28,929 square feet A/CUZ ` 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Former Business/ B-2 Community Business i1°L�y� .w r Surrounding Land Uses and Zoning Districts North 1 i p Holland Road a Automobile repair garage/ B-2 Community Business South ¢ � _ x Shopping center/ B-2 Community Business East Former Bank/ B-2 Community Business West Gas station / B-2 Community Business Small Circle Tattoo Agenda Item 11 page 1 of 13 BackgroundSummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor on this B-2 Community Business zoned parcel, where tattoo parlors are conditionally permitted. • The proposed tattoo parlor will occupy an existing 864 square foot unit within the Chimney Hill Shopping Center. While the shopping center fronts Holland Road, the small retail shopping center is accessed through Chimney Hill Shopping Center. • The business will employ three independently contracted employees. • Proposed hours of operation are Monday through Saturday from 11:00 a.m. to 8:00 p.m., by appointment only. • The applicant is proposing signage in three storefront windows, which will require a separate sign permit. Zoning History Map Key No. Request B2 Z02 82 , MDC (Motor Vehicle Rentals) 82 > 1 Approved 10/19/2022 1 W B: CUP (Motor Vehicle Rentals) hoc Approved 02/13/2007 82 No , Rp Q CUP (Indoor Recreational Facility) a 4 Approved 06/12/2023 �, .` CUP (Collocation of Antennas) 2�` _� Approved 05/01/2017 4F zw CUP (Religious Use) Approved �? s2 2 01/12/2010 2 ' CUP (Bingo Operation) Approved 11/25/2009 CUP(Telecommunications Tower) Approved 11/25/2003 3 CUP (Motorcycle Sales & Rentals& Repairs) Approved 07/05/2000 CUP (Car Wash Facility) Approved 4 06/10/2003 CUP (Gasoline Sales & Convenience Store) Approved 02/25/2003 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Renta MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Small Circle Tattoo Agenda Item 11 page 2 of 13 Evaluation • • • In Staff's opinion, the request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the residential and commercial nature of the surrounding properties.The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the Code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 979 Chimney Hill Shopping Center, Suite 103. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Small Circle Tattoo Agenda Item 11 page 3 of 13 Comprehensive Plan Information This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic TraflSC Counts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,200 ADT1 32,700 ADT 1(LOS 2 "D") No Change Anticipated S. Rosemont Road 15,400 ADTI 32,700 ADT 1(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Holland Road is a four-lane divided urban minor arterial. This section of Holland Road is shown on the MTP Map with a 155-foot divided typical section. There are no CIP projects on this segment of Holland Road. Rosemont Road is a four-lane divided urban minor arterial. This section of Rosemont Road is shown on the MTP Map with a 100-foot divided typical section containing a bikeway. There are no CIP projects on this segment of Rosemont Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Small Circle Tattoo Agenda Item 11 page 4 of 13 Public Utility Impacts Water&Sewer This site is connected to City water& City sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 2025 • The City Clerk's Office posted the materials associated with the application on the City Council website of clerk.virginiabeach.gov/city-council on November 14, 2025. Small Circle Tattoo Agenda Item 11 page 5 of 13 Proposed Signage � i 1 a.� e a. n ti t y. y r r , 979 CHIMNEY HILL PARKWAY UNIT 103 s # r Small Circle Tattoo Agenda Item 11 page 6 of 13 Floor Plan C)Irc le. Ta++w Rorr P16vis W+ Ile N Lobby Zy Ft Small Circle Tattoo Agenda Item 11 page 7 of 13 ■ .ram. . x n � now Small Circle Tattoo Agenda Item 11 page 8 of 13 Site • • �r. saa o _ 8`.iXl"vG 2 dIt:KE�X 4 SMALL ISMOKEIBARBE` CIRCLE SHOP SHOP .TATTOOS Small Circle Tattoo Agenda Item 11 page 9 of 13 Disclosure CITY OF V--6- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed an application_Small Circle Tattoo Is Applicant also the owner of the subject property? Yes©No If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No( If yes,home Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(DNo0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Ty Ramsey Michael Colon _— __________ ........... 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 t subject land or any proposed development contingent on the subject public action? YesO NoU 1r yes,nome the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O cross-collateralizat ion,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement i rev. May-2024 page 1 of 3 Small Circle Tattoo Agenda Item 11 page 10 of 13 Disclosure SECTION - - DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation__ Architect/Designer/landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ.i certify that all information contained in this form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Ty Ramsey ,� 8/21/2025 Applicant Name(Print) Applicant Signature Date I"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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 dose working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 10/29/2025 Kristin Bauer �� SGl�¢i1. 10/29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Small Circle Tattoo Agenda Item 11 page 11 of 13 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application VISCORP Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes Noo If yes,list the names of al/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or_affiliated business entity z relationship with the applicant.(Attach list i necessar . John Visco,Lydia Visco,Cristina Visco,Alana Farrell 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 s ject land or any proposed development contingent on the subject public action? Yes© No If yes,name the a icial or em to ee,and describe the nature of their interest. J PROPERTY OWNER SERVICES DISCLOSURE READ.The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be Identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ ____ Name entity and/or Individual) Financing(mortgage,deeds of trust, cross-collateral!zation,etc. Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation Acevedo Sevilla&Co. Architect/Designer/Landscape O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent O Legal Services PROPERTY OWNER CERTIFICATION READ.I certify that all information contained In this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. John Visco 2,f Property Owner Name(Print) pe ty Owner Signature Date Disclosure Statement i rev. May-2024 page 3 of 3 Small Circle Tattoo Agenda Item 11 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Small Circle Tattoo Agenda Item 11 page 13 of 13 Virginia Beach Planning Commission October 08, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #11 Small Circle Tattoo Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. The next item on our agenda is item 11, Small Circle Tattoo. Property owner, VIS Corp. There he is. Mr. Ramsey: How are you all doing? Mr. Coston: Please state your name for the record. Mr. Ramsey: Mr. Ramsey. Mr. Coston: Are the conditions acceptable to you? Mr. Ramsey: Yes. Mr. Coston: Thank you. You may be seated. Is there any objection to this item being placed on the consent agenda?Hearing none,we've asked Commissioner Mauch to read this item into the record. Mr.Mauch: The applicant is requesting a conditional use permit to operate a traditional tattoo parlor on this 132 community business zone parcel,where tattoo parlors are conditionally permitted. The proposed tattoo parlor will occupy an existing 864 square foot unit within the Chimney Hill Shopping Center. Proposed hours of operation are Monday through Saturday, 11 A.M.to 8 P.M. by appointment only. The request for a conditional use permit for a tattoo parlor is consistent with the Comprehensive Plan's land use policies for the suburban area, and consistent with the residential and commercial nature of the surrounding properties. For these reasons, staffs favorable recommendation, and hearing no objection from the public,the Planning Commission finds it acceptable to place this item on the consent agenda. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Thank you, sir. Madam Chair,that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items-four records of minutes, items 1,2, 3, 4, 11, 12, and 13. Ms. Cuellar: Thank you, Vice Chair. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: I would like to note my abstention from item 4. I think we're going to ask that after, but I'm beating you to the punch.And I do move to approve with also the abstentions noted by Commissioner Camp in the minute portion of the consent agenda. Ms. Cuellar: And is there a second? Ms. Schoonover: I second. Ms. Cuellar: So,we have a motion for approval by Commissioner Plumlee for the consent agenda,with his notation of the abstention for the letter that is on file. We have a second by Commissioner Schoonover. Madam Clerk: The vote is open. By recorded vote of 10 to 0,with all aforementioned abstentions and minutes, items 1, 2, 3, 4, 11, 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. You may remain at the meeting, either virtually or in person, but you're also free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Proffers/Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 979 Chimney Hill Shopping Center, Suite 103. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. D r � OR(STR-OR) Q m- 4f sT U n �r QR L OR(STR-OR) ,W Q 2 OR(STR-OR) Q 3R�ST rOR(STR-OR) ® Site " ® Zoning Bessem O & Mukong Adeso w1 � Property Polygons 303 Atlantic Avenue, Suite 1002 s Feet 0 25 50 100 150 200 Map created by Planning Department on 10/14/2025 ro s� c•; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BESSEM O & MUKONG ADESO [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Suite 1002 (GPIN 24273224032090). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: November 18, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a 2-bedroom unit in the Dolphin Run Condominiums located at 303 Atlantic Avenue, Suite 1002. The site has no prior Zoning Complaints, is not currently advertised, and has no prior documented stays. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Dolphin Run Condominiums. Short Term Rentals are prevalent on this property with a total of 11 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. Dolphin Run 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 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 October 8, 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 303 Atlantic Avenue, Suite 1002, and the Short Term Rental use shall only occur in the principal structure. Bessem O & Mukong Adeso Page 2 of 5 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 Bessem O & Mukong Adeso Page 3 of 5 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, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 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 at any time or times during the permitting process. Such inspection shall Bessem O & Mukong Adeso Page 4 of 5 include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 19. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Bessem O & Mukong Adeso Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Ar? Agenda Planning Commission ' • October : 2025 CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval IJ Staff Planner ' pVi n � 51N tit � 7 f Alexis Bailey Wkst��''aiE�"ae r 1 �Ks� Location 303 Atlantic Avenue, Suite 1002t GP/N ''+ 24273224032090 'c site size 45,000 square feet t A/CUZ 65-70 d6 DNL; Sub-Area 1 Watershed Atlantic Ocean F Existing Land Use and Zoning Districtc+�S Condominium Complex/OR Oceanfront Resort 'r t Surrounding Land Uses andZoning Districts ` >� North a 4tn Street Condominium Complex/OR Oceanfront Resort "P South 3rd Street Hotel /OR Oceanfront Resort East j _, r" AiL Atlantic Ocean West Atlantic Avenue Municipal Parking Lot/OR Oceanfront Resort Bessem Adeso & Mukong Adeso Agenda Item 12 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 303 Atlantic Avenue, Suite 1002. This 45,000 square foot parcel contains the Dolphin Run Condominiums and is zoned OR Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1975. • Staff inspected the site on August 20, 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 required minimum parking spaces may be accommodated on the public street. • The site has no prior zoning complaints or violations associated with this unit. • Since this property was registered and paying transient occupancy taxes to the Commissioner of Revenue prior to July 1, 2018, the property would be considered a grandfathered Short Term Rental; however, since the property was not used as a Short Term Rental for a period of two (2) years or more, its grandfathered designation has been lost and a Conditional Use Permit is required prior to operating. • Known Short Term Rental activity as of August 18, 2025, as shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes Bessem Adeso & Mukong Adeso Agenda Item 12 page 2 of 14 Short Term Rentals in the Vicinity V 1 � r Al-LEY , tj 1 3 1 >G t`9 SS Q t nG9 , l� 1r 0 Z r r � 2Nij SS i Y � t Short Term Rentals Q STR Permits(51) 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; historical exemption made): 1 • Number of off-street parking spaces provided: 1 Bessem Adeso & Mukong Adeso Agenda Item 12 page 3 of 14 Zoning History # Request 4 CUP (Short Term Rental) Approved 1<11 m z 05/21/2024 ASH St CUP (Short Term Rental) Approved 04/16/2024 CUP (Short Term Rental) Approved y 07/11/2023 3 ?�CUP (Short Term Rental) Approved R 06/20/2023 _4 Q 3'c CUP (Short Term Rental) Approved v m 05/16/2023 = CUP (Short Term Rental) Approved 1 04/18/2023 3RD St CUP (Short Term Rental) Approved 12/13/2022 OR(STR=OR) CUP(Short Term Rental) Approved 10/18/2022 CUP (Short Term Rental) Approved 08/16/2022 CUP (Short Term Rental) Approved 08/16/2022 CUP (Short Term Rental) Approved 08/16/2022 CUP (Recreational Facility of an Outdoor Nature) Approved 06/08/1999 CUP (Recreational and Amusement Facility of an Outdoor Nature (Orbotron 2 Unit)) Approved 05/26/1992 CUP (Recreational and Amusement Facility of an Outdoor Nature (Bungee Jumping)) Approved 03/24/1992 REZ Approved 06/11/1984 3 REZ Approved 06/11/1984 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 Bessem Adeso & Mukong Adeso Agenda Item 12 page 4 of 14 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Dolphin Run Condominium building. Short Term Rentals are prevalent on this property with a total of eleven (11) approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at their 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" Dolphin Run 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. Bessem Adeso & Mukong Adeso Agenda Item 12 page 5 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Suite 1002, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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. Bessem Adeso & Mukong Adeso Agenda Item 12 page 6 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, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street.The sign required by this section shall include the owner or property manager's contact information. 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 at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. Bessem Adeso & Mukong Adeso Agenda Item 12 page 7 of 14 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 19. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Bessem Adeso & Mukong Adeso Agenda Item 12 page 8 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 8, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, September 24, 2025 and October 1, 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 September 22, 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 October 2, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 4, 2025 and November 11, 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 November 3, 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 November 14, 2025. Bessem Adeso & Mukong Adeso Agenda Item 12 page 9 of 14 Site Layout & Parking Plan ► � One assigned space in the parking lot Historic exemption granted allowing one space per unit a «mh !t` ; Bessem Adeso & Mukong Adeso Agenda Item 12 page 10 of 14 rt w' a 49�$ Yj Wi a ill i' Site Photos low Iva nn s� 117 r ri4 - 1 u Calwill— Bessern Adeso & Mukong Adeso Agenda Item 12 page 11 of 14 Disclosure Statement Disclosure StatementVIRGINIA BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards,commissions,or other bodies. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: /� as listed on application S Cp m r 1 dt Rz, and Mukang Adeso Is Applicant also the Owner of the subject property? Yes@lNoo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®NoQ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo©' If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes©No if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in th subject land or any proposed development contingent on the subject public action? Yes{ Noa 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 ondjor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or im vidualL� Financing(mortgage,deeds of trust, © �ICJy cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 a _- Disclosure Statement i rev. May-2024 page 1 of 3 Bessem Adeso & Mukong Adeso Agenda Item 12 page 12 of 14 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER Name entity and or individual /�! Accounting/Tax Return Preparation O v Architect/Designer/Landscape © �GJy Architect/Land Planner Construction Contractor O 9 Engineer/Surveyor/Agent ® a Legal Services 1 01 0 APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.1 understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. &vDI2, Applicant Name(Print) Applicant Signature Date i`Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 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,(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 an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there ore 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): 10/28/2025 Alexis Bailey 10/29/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Bessem Adeso & Mukong Adeso 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. Bessem Adeso & Mukong Adeso Agenda Item 12 page 14 of 14 STR VICINITY MAP BESSEM ADESO & MUKONG 0 ADESO S1 �t t i &It o ss s most , ti - Q � Short Tenn Rentals i� 8 STR Permits(51)— Virginia Beach Planning Commission October 08, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #12 Bessem O Adeso & Mukong Adeso Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you.Next item is item 12, Bessem O Adeso and Mukong Adeso, conditional use permit for short-term rental. Please state your name for the record. Ms. Adeso: My name is Bessem Adeso. Mr. Coston: Are the conditions acceptable to you? Ms.Adeso: Yes. Mr. Coston: Thank you. You may be seated. Ms. Adeso: Thank you. Mr. Coston: Is there any opposition to this item being placed on the consent agenda?Hearing none,we've asked Commissioner Schoonover to read this item into the record. Ms. Schoonover: The applicant, Bessem and Mukong Adeso are seeking a conditional use permit for a short-term rental at 303 Atlantic Avenue, suite 1002, in the Dolphin Run condominiums. The site has no prior zoning complaints or violations associated with this unit. The property would have been considered a grandfathered short-term rental,however, since the property was not used as a short-term rental for a period of two years or more, its grandfather designation has been lost and had to be reapplied for. The Commission considered this a reasonable request, and there was no opposition. I would like to place this on the consent agenda, please. 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, sir. Madam Chair,that was the last item on the consent agenda. Planning Commission places the following applications on the consent agenda. Items for records of minutes. Items 1,2, 3, 4, 11, 12, and 13. Ms. Cuellar: Thank you, Vice Chair. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: I would like to note my abstention from item 4. 1 think we're going to ask that after, but I'm beating you to the punch. And I do move to approve with also the abstentions noted by Commissioner Camp in the minute portion of the consent agenda. Ms. Cuellar: And is there a second? Ms. Schoonover: I second. Ms. Cuellar: So,we have a motion for approval by Commissioner Plumlee for the consent agenda,with his notation of the abstention for the letter that is on file. We have a second by Commissioner Schoonover. Madam Clerk: The vote is open. By recorded vote of 10 to 0,with all aforementioned abstentions and minutes, items 1,2, 3,4, 11, 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. You may remain at the meeting, either virtually or in person, but you're also free to leave. Our next order of business is the regular agenda. Vote Tally Commission Member AYE 10 NAY ABS 0 ABSENT 0 Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Plumlee X Schoonover X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Suite 1002, 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, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 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 at any time or times during the permitting process. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. a) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 19. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use.The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ARTS AND HUMANITIES COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CHESAPEAKE BAY AREA PRESERVATION BOARD • CLEAN COMMUNITY COMMISSION • COMMUNITY SERVICES BOARD • DEFERRED COMPENSATION BOARD • HEALTH SERVICES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 18, 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: 10/21/2025 PAGE: I R U T N H C L M 11 C - R A H w U M E H G E M R U 1 C I D N E R M M O L 1- C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY MANAGER'S BRIEFINGS 1. INDEPENDENCE BOULEVARD AND L.J.Hansen,Director— WAKEFIELD DRIVE INTERSECTION Public Works PROJECT 2. CONVENTION AND SPORTS CENTER Amanda Jarratt,Deputy PARKING UPDATE City Manager L.J.Hansen,Director— Public Works II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES INFORMAL AND FORMAL SESSIONS— APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y OCTOBER 7,2025 B S T A I N E D FORMAL SESSION—OCTOBER 14,2025 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y H.1. MAYOR'S PRESENTATION RESOLUTION IN RECOGNITION John Aragona 1.1 BID OPENING NON-EXCLUSIVE FRANCHISE NO SPEAKERS AGREEMENT FOR THE USE OF CITY PROPERTY Operating a cable television system J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE: 10/21/2025 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. PUBLIC HEARINGS 1. PROPOSED NON-EXCLUSIVE NO SPEAKERS FRANCHISE AGREEMENT Cox Communications Hampton Roads,LLC 2. LEASE OF CITY PROPERTY T-MOBILE NO SPEAKERS NORTHWEST,LLC Five(5)parking spaces on the top level of the parking deck of 31'Parking Garage Installing and maintaining antennas and radio equipment 3. DECLARATION AND CONVEYANCE OF NO SPEAKERS EXCESS CITY PROPERTY TO BARRS ROAD,LLC OR AN AFFILIATED ENTITY Three(3)parcels in Burton Station known as 1229,1231 and 1249 Barrs Roads re future pump station site [A. Ordinance to AMEND City Code Sections 7- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1,7-10 and 7-59.1 re wheeled devices or CONSENT vehicles in the Resort Area L.2. Resolution to REQUEST the General Assembly DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y add Section 2.03 to the City Charter to require a NOVEMBER 18,2025, super-majority vote to approve certain land use BY CONSENT approvals south of the Blue Line: ALTERNATIVE 1:(ORIGINAL VERSION) any application that creates a more intense use than the then-current approval for such property OR ALTERNATIVE 2: (REVISION 1) any application to rezone property to a high density or a more intense zoning district(Requested by Mayor Dyer and Vice Mayor Wilson) L.3 Resolution to ADOPT the City's 2026 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Legislative Agenda CONSENT L.4. Resolution to NOMINATE Thomas M.Leahy, ADOPTED,BY 11-0 F 1' Y Y Y Y Y Y Y Y Y Phillip A.Davenport and J.Barry Frankenfield CONSENT to the Governor as candidates for the position of local representative for the term of office commencing January 1, 2026, to the Southeastern Public Service Authority (SPSA) L.S. Resolution to AUTHORIZE City support for ADOPTED,BY I I-0 Y Y Y Y 1' Y Y Y Y Y Virginia Beach Restaurant Week(Requested CONSENT by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) J CITY OF VIRGINIA BEACH A 1Z SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE: 10/21/2025 PAGE: 3 R 1J 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 L.6. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y an Agricultural Land Preservation (ARP) CONSENT easement from Bonney G. Bright(90.77+/- Acres),the issuance by the City of its contract obligations in the maximum principal amount of $1,523,773 and TRANSFER funds to purchase U.S.Treasury STRIPS 1-7. Ordinance to DECLARE City-owned property ADOPTED,AS 10-1 Y Y Y Y Y Y Y Y Y Y N at 333 Laskin Road to be in the EXCESS of the AMENDED City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi-family residential, commercial and structured parking facility(Deferred from September 2, 2025) L.B. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE a lease for sixty(60)months re CONSENT office space in the Judicial Center at 2425 Nimmo Parkway with the Commonwealth of Virginia,Court of Appeals of Virginia L.9. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y N, the conditions in the matter of Matthew E. CONSENT Mancoll and Robin A.Mancoll re closure of an unimproved,unnamed alley adjacent to the rear of 219 54'Street L.10. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions in the matter of Whitney W. CONSENT Elliott re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55's Street,Unit B L.11. Resolution to APPROVE Attainable Workforce ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Housing Performance Grant to Grand Lakes, CONSENT LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement;and REQUEST the Virginia Beach Development Authority (VBDA) approve the Grant L.12. Resolution to APPROVE Attainable Workforce ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Housing Performance Grant to The Silo Apts, CONSENT LP; AUTHORIZE the City Manager to EXECUTE the Grant Agreement and Support Agreement;and REQUEST the Virginia Beach Development Authority (VBDA) approve the Grant L.13. Ordinance to APPROPRIATE $72,000 from ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y the Tourism Investment Program (TIP) fund CONSENT balance to the FY 2025-26 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Max Media of Hampton Roads, LLC re Party at the Pier concert series to begin April 2026 i CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE: 10/21/2025 PAGE: 4 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N L.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y 1' Y Y Y Y Y $259,904.75 from the Virginia Opioid CONSENT Abatement Authority(OAA)to the FY2025-26 Human Services Operating Budget and AUTHORIZE$77,564 as matching funds for Regional Recovery High School re support efforts to mitigate the ongoing opioid epidemic L.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y $200,011 from the Virginia Department of CONSENT Behavioral Health and Developmental Services (DBHDS)to the FY2025-26 Human Services Operating Budget re workforce development programs L.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 Y Y Y Y 1' Y Y Y $300 from the Virginia Department of CONSENT Emergency Management (VDEM) to the FY 2025-26 Emergency Management Operating Budget re support the activities of local emergency management agencies in establishing, maintaining and operating emergency plans,programs and capabilities to deal with nuclear accidents M.1. PHIL M.BONIFANT/PHIL M.&TERESA APPROVED 11-0 1' 1' Y Y Y Y Y Y C. BONWANT for a Modification of /MODIFIED/ Conditions to a Conditional Use Permit re CONDITIONED,BY assembly use at 2244 & 2252 Indian River CONSENT Road DISTRICT 2 M.2. ELLMER PROPERTIES VIRGINIA APPROVED 9-0 Y A Y Y Y A Y Y Y Y 1' BEACH, LLC /3909 VA BEACH BLVD, /MODIFIED/ B B LLC for a Modification of Conditions to a CONDITIONED,BY S S Conditional Use Permit re motor vehicle sales CONSENT T T at 3909 Virginia Beach Boulevard DISTRICT 4 A A I I N N E E D D M.3. ELLMER PROPERTIES BONNEY ROAD, APPROVED/ 9-0 Y A Y Y Y A Y Y Y Y Y LLC / BRUCE B. MILLS REVOCABLE CONDITIONED,BY B B TRUST and ADAMS OUTDOOR LIMITED CONSENT S S PARTNERSHIP for a Conditional Use Permit T T re bulk storage yard at 3890,3894 and 3898 A A Virginia Beach Boulevard DISTRICT 4 I I N N E E D D M.4. BRADLEY&NETTIE KAIN for a WITHDRAWN,BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' Conditional Use Permit re residential Kennel CONSENT at 405 Kings Point Court DISTRICT 3 M.5. ASC REAL ESTATE,LLC(MARGARET APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y SHAIA/CITY OF VIRGINIA BEACH CONDITIONED,AS DEVELOPMENT AUTHORITY for a AMENDED Conditional Use Permit re bulk storage yard at 2008 Hudome Way DISTRICT 2 .1 CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:10/21/2025 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 L_j N M.6. 5073 VIRGINIA BEACH BLVD LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re automobile repair CONDITIONED,BY garage&Conditional Use Permit re motor CONSENT vehicle sales and rentals at 245 Pennsylvania Avenue DISTRICT 4 N. APPOINTMENTS RESCHEDULED 13 Y C O N S E N S U S BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD PUBLIC LIBRARY BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Donald Krudop 3 Year Term 10/21/2025—9/30/2028 AGRICULTURE ADVISORY COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y John Cromwell Jason Dawley 4 Year Term 10/1/2025-9/30/2029 BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Burrell Saunders Unexpired term thru 6/30/2026 +3 Year Term 7/1/2026—6/30/2029 Reappointed: Morgan Ayers 3 Year Term 12/1/2025—11/30/2028 COMMUNITY CRIMINAL JUSTICE Appointed: 1 1-0 Y Y Y Y Y Y Y Y BOARD Judge Salvatore Iaquinto—Representing Circuit Court Judge Unexpired term thru 3/31/2026 +4 Year Term 4/1/2026—3/31/2030 DEVELOPMENT AUTHORITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y' Y Y Michael Harris Unexpired term thru 8/31/2026 +4 Year Term 9/1/2026—8/31/2030 PLANNING COMMISSION Appointed: II-0 Y Y Y Y Y Y Y Y Y Y Y Neena Moorjani— Representing District 10 Unexpired term thru 2/28/2027 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:10/21/2025 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 C I D N E R M M O L �- C N Y L S E I O U M AGENDA H G E E O E C N S A ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N PUBLIC LIBRARY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Kai O'Neal— Representing student Member 10/21/2025—6/30/2026 TA/ITA CITIZENS ADVISORY Appointed: I I-0 Y Y Y Y 1' Y Y Y Y Y Y COMMITTEE Kylie Smith— Representing Student Member Kaydyn Ismail— Representing Student Member: 10/2l/2025—6/30/2026 VB CANNABIS ADVISORY TASK FORCE Appointed: 1 1-0 Y Y Y Y Y Y Y Y Travis Chick— Representing Citizen Member 2 Year Term 10/21/2025—9/30/2027 O. UNFINISHED BUSINESS NEW BUSINESS Q. ADJOURNMENT 7:29 PM