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HomeMy WebLinkAbout12-9-2025 FORMAL SESSION AGENDA City of Virginia Beach U "COMMUNITY FOR A LIFETIME �p BUR NA1��� City Council Members Mayor Robert M. "Bobby" Dyer bd_yer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 ciacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 pity Council Agenda December 9, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2025 3:00 P.M. Wendy Hu, Interim Director—Finance Shelby Brown, Audit Manager—Cherry Bekaert Advisory, LLC Kevin Kielbasa, Controller— Finance II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 P.M. III. CITY COUNCIL AGENDA REVIEW 4:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION 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. MINUTE 1. INFORMAL AND FORMAL SESSIONS— November 25, 2025 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Echoes of Healing 2. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Foodbank of Southeastern Virginia 3. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Maverick Learning Center 4. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Philippine Nurses Association of Virginia 5. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Protecting Paws in Peril 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Quality of Life, Inc. 7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re the Micro-Nonprofit Network, Inc. 8. Ordinance to AMEND the FY 2025-26 Capital Improvement Program (CIP) for Flood Protection 9. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property for up to five (5) years with Back Bay Wildfowl Guild, Inc. at 1113 Atlantic Avenue re the deWitt Cottage 10. Ordinance to DIRECT the City Manager to implement changes to Oceanfront parking and to AUTHORIZE within the Department of Public Works FY 2025-26 Parking Enterprise Fund Operating Budget one (1) full-time position 11. Ordinance to AMEND Section 21-322 and REPEAL Section 21-323 of the City Code re metered parking 12. Ordinance to AMEND City Code Section 21-230 re traffic calming at Timberlake Drive 13. Ordinance to ELIMINATE the loan repayment obligation from various volunteer rescue squads for loans provided prior to November 2024 14. Resolution to ADOPT the 2025 Disaster Recovery Plan 15. Ashdon Builders 1, LLC for an APPEAL to the Historical Review Board decision to deny application Certificate of Appropriateness re #25-12 to install white vinyl fencing in the North Landing Estates development for the properties at 2508-2524 Peaceful Lane DISTRICT 2—(deferred from September 16, 2025) APPLICANT REQUESTS WITHDRAWAL J. PLANNING 1. PROSPER HOMES& INVESTMENTS, LLC for a Variance to Section 4.4(b) of Subdivision Regulations re lot width and street line frontage at 2453 Beaufort Avenue DISTRICT 9 RECOMMENDATION: APPROVAL 2. BRIAN PATRICK MOONEY&AMBER MARIE MOONEY for a Change in Nonconformity re modify front elevation and roof, add a raised pool deck and retaining walls, and relocate mechanical equipment at 2618 West Chubb Lake Avenue DISTRICT 9 RECOMMENDATION: APPROVAL 3. CESJB II, LLC for a Modification of Conditions to a Conditional Use Permit re short term rental at 409 24th% Street DISTRICT 6 RECOMMENDATION: APPROVAL 4. STEPHEN ALEXANDER HOMES, LLC / PRINCESSBORO DEVELOPMENT COMPANY, INC. for a Conditional Change of Zoning from AG-1 &AG-2 Agriculture District to Conditional R-10 Residential District re develop fourteen (14) single-family residential lots on the parcel south of 1925 Fisher Arch DISTRICT 2 RECOMMENDATION: APPROVAL 5. LYNNHAVEN STATION CONDOMINIUM ASSOCIATION BY GLOBAL CINEMATIC SOCIETY, LLC & HARBOUR INVESTMENTS, LLC/ GLOBAL CINEMATIC SOCIETY, LLC, & HARBOUR INVESTMENTS, LLC for a Conditional Change of Zoning 0-2 Office District to Conditional B-2 Community Business District at 101 & 105 North Lynnhaven Road, Unit 105 DISTRICT 3 RECOMMENDATION: APPROVAL 6. BRIANNA QURESHI—STUDIO CITRINE, LLC/HOLLAND OFFICE PARK, LLCfor a Conditional Use Permit re beauty salon at 4510 Holland Office Park, Suite 507 DISTRICT 3 RECOMMENDATION: APPROVAL 7. STEPHEN BRUCE/ REGENT UNIVERSITY for Conditional Use Permits re indoor/outdoor recreational facilities to develop athletic and fitness complex at 1328, 1352, 1354, 1418, 1424, and 1446 Regent University Drive DISTRICT 7 RECOMMENDATION: APPROVAL 8. ROBERT MILLS / ONE PERFECT DAY, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1503 DISTRICT 5 RECOMMENDATION: APPROVAL 9. Ordinance to AMEND Section 105 of the City Zoning Ordinance (CZO) pertaining to Nonconformities RECOMMENDATION: APPROVAL K. APPOINTMENTS • AUDIT COMMITTEE • BAYFRONT ADVISORY COMMISSION f t • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • COMMUNITY SERVICE BOARD • DEFERRED COMPENSATION BOARD • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORICAL PRESERVATION COMMISSION • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 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@vbRov.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 December 9, 2025. (. CITY COUNCILS BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2025 3:00 P.M. Wendy Hu, Interim Director— Finance Shelby Brown, Audit Manager—Cherry Bekaert Advisory, LLC Kevin Kielbasa, Controller— Finance II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 P.M. III. CITY COUNCIL AGENDA REVIEW 4:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION A V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTE 1. INFORMAL AND FORMAL SESSIONS— November 25, 2025 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Echoes of Healing 2. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Foodbank of Southeastern Virginia 3. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Maverick Learning Center 4. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Philippine Nurses Association of Virginia 5. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Protecting Paws in Peril 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re Quality of Life, Inc. 7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxation re the Micro-Nonprofit Network, Inc. 8. Ordinance to AMEND the FY 2025-26 Capital Improvement Program (CIP) for Flood Protection 9. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property for up to five (5) years with Back Bay Wildfowl Guild, Inc. at 1113 Atlantic Avenue re the deWitt Cottage 10. Ordinance to DIRECT the City Manager to implement changes to Oceanfront parking and to AUTHORIZE within the Department of Public Works FY 2025-26 Parking Enterprise Fund Operating Budget one (1) full-time position 11. Ordinance to AMEND Section 21-322 and REPEAL Section 21-323 of the City Code re metered parking 12. Ordinance to AMEND City Code Section 21-230 re traffic calming at Timberlake Drive 13. Ordinance to ELIMINATE the loan repayment obligation from various volunteer rescue squads for loans provided prior to November 2024 14. Resolution to ADOPT the 2025 Disaster Recovery Plan 15. Ashdon Builders 1, LLC for an APPEAL to the Historical Review Board decision to deny application Certificate of Appropriateness re #25-12 to install white vinyl fencing in the North Landing Estates development for the properties at 2508-2524 Peaceful Lane DISTRICT 2 —(deferred from September 16, 2025) APPLICANT REQUESTS WITHDRAWAL a Hu ft CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7); Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE ECHOES OF HEALING 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Echoes of Healing; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Echoes of 12 Healing a charitable organization within the context of§ 6(a)(6) of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Echoes of Healing located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Echoes of Healing for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Echoes of Healing shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2028, Echoes of Healing shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Echoes of Healing cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2026. 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 CONTENT: APPROVED AS TO LEGAL ;tt CY: ommissioner of the Revenue 1 yrney's Office CA17054 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: ECHOES IN HEALING Website: HTTPS://www.echoesinhealing.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Echoes in Healing provides a space where your story is safe, valued,and echoed in the hearts of a supportive can Ill till ity. We utilize a holistic approach that embraces mental,emotional, and spiritual well-being,as we walk alongside you—without judgment or pressure—as you embark on your unique healing journey. Together, we create a future where no one must face their obstacles alone. The organization offers temporary overnight housing, for healing retreats and emotional wellness weekends. TAX IMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessed Value: 668.00 Tax: $26.72 Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—July 30, 2024 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL 11/14/2025 DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE DISCLOSURE STATEMENT FC}RM 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 : I t ri 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: YE Np SERVICE PROVIDER nuns nionaishoets)t S F Accounting and/or preparer of your ❑ tax return Financial Services(include ❑ lending/banking Institutions and current mortgage holders as applicable) ,_ ❑ � Legal Services Broker/Contractor/Engineer/Other ❑ Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true,and accurate. I understand I am responsib a for updating the Information provided herein if it changes prior to the Council action upon Is Application. AP Uc S Sr TUBE PRINT AME � t Odz nal Proposal o G t y Co u ctl Polic y Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dates of Revisions:May 6,2008 Page I of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to CounciPs policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural,or public park and playground-purposes. However,as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property, 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: l Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6,2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Intemal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605,each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from Iocal property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive 1 , Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. S. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibili1y and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Ccund Policy Regarding Applications for Tax Exempvon by Designation Date of Adoption: .-ebruary 3, 20&1 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BF'NEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Re4uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council Nu gEj SyG w,•c Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are.- 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7), Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE FOODBANK OF 2 SOUTHEASTERN VIRGINIA AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Foodbank of Southeastern Virginia; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Foodbank 13 of Southeastern Virginia a charitable organization within the context of§ 6(a)(6) of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Foodbank of Southeastern Virginia 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Foodbank of Southeastern Virginia for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Foodbank of Southeastern Virginia shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, Foodbank of Southeastern 31 Virginia shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d)that Foodbank of Southeastern Virginia cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be July 1, 2025. 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 CONTENT: APPROVED AS TO LEGAL lCY: Commissioner of the Revenue Zityrney's Office CA17055 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: FOODBANK OF SOUTHEASTERN VIRGINIA Website: https://www.foodbank.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Leading the effort to eliminate hunger in our community. The Foodbank of Southeastern Virginia recently purchased two parcels in Virginia Beach at 3325 & 3357 Dan Neck Road with the intent of developing a new Foodbank location in the City of Virginia Beach. The Real Estate tax assessments and tax are based on assessed value of the property for 2025, TAX IMPACT Real Property Parcel Assessment: 1,024,500 Tax: $8,838.66 Business Property Assessment: NONE Tax: Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—August 1981 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE 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: Foodbank of Southeastern Virginia, 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: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of oivis your tax return Financial Services (include Towne Bank lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. �GI►�ist�Pt►�-�- R-T�.n oz�osjas A ANT'S SI ATURE PRINT NAME DATE o IiI3 c -ft nal Pro osal 0. citycount l Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 TDat of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes.. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to CounciPs policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit. organizations from local property taxes if used exclusively for religious, charitable,.patriotic, historical, benevolent,cultural,or public park and playground-'purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the Property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting-tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: 4 Title: City Councu7 Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6, 2008 Page 2 =of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by ruly I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must inumediately be reported to the Commissioner of the-Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local.property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish PoliW 1. Organizations applying for exemption must request a detemmination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: F-ebruary 3, 2004 Dares of Revisions.May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. AppIications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council'and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. S. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authorit- Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for_the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: --ebruary 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. GHU BE1 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7); Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE MAVERICK LEARNING 2 CENTER AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Maverick Learning Center; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Maverick 13 Learning Center a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Maverick Learning Center located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Maverick Learning Center for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Maverick Learning Center shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, Maverick Learning Center 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Maverick Learning Center cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2026. 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 CONTENT: APPROVED AS TO LEGAL Zne NCY: Commissioner of the evenue O i rice CA17056 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Maverick Learning Center 1 Website: https://www.mavericklearningva.com I SUMMARY OF NONPROFIT BUSINESS ACTIVITY Maverick Learning Centers' purpose is to create a learning environment specific to each ASD student where they feel safe and part of a community that values respect, individuality, and education. We will employ educators with a background in special education that create individualized programs for each student based on their academic level to get them to mastery in each subject. TAXIMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessed Value: 3,919.20 Tax: $156.77 Personal Property Assessment: 99,045.00 Vehicle Tax: 2,179.32 Total Personal Property Assessment: 102,964.20 Tax: $2,336.09 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 13, 2022 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL 1LI * z Md-6 DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE 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: C -\t� SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? ff the answer to any item is YES, please identify the firm or individual providing the service: [ ] FYES NOl F SERVICE �� PROVIDER(use additional sheets if needed) Accounting and/or preparer of fv 5\: s S T� your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) \V1aV�u tv�- 1 ►^y Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. E understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. A LICAN 'S GNATURE PRINT NA E DATE pNu s o� Ori innal Proposal Cit CO Un cil POAC r o, �. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoptiorr February 3,20G4 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes, Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Councils policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit. organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural,or public park and playground purposes. However, as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting_tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: • 4 Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions:May 6,2008 Page 2 :of 4 1. The organization must be exempt from federal income tax pursuant to Intemal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization'or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not Limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization trust annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must inunediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-k05, each entity exempted from local.property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this polity, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of?adoption: Febntary 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. S. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Aut:horit�L Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Ccuncil Policy Regarding Applications for Tax Exemption by Designition Date of Adoption: .?ebruary 3, 20G4 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realised by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specify_ a Rea airements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. WNu,eEt t CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are- 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7); Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE PHILIPPINE NURSES 2 ASSOCIATION OF VIRGINIA, INC., AS BEING EXEMPT 3 FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Philippine Nurses Association of Virginia, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Philippine 13 Nurses Association of Virginia, Inc., a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Philippine Nurses Association of Virginia, Inc., 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Philippine Nurses Association of Virginia, Inc., 23 for exclusively charitable purposes; 24 25 (b) that each July 1, Philippine Nurses Association of Virginia, Inc., shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue, 29 30 (c) that every three years, beginning on January 1, 2028, Philippine Nurses 31 Association of Virginia, Inc., shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Philippine Nurses Association of Virginia, Inc., cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2026. 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 CONTENT: APPROVED AS TO LEGAL CIENCY: ommissioner of the y Revenue torn s Office CAI 7057 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PHILIPPINE NURSES ASSOCIATION OF VIRGINIA Website: httpS://www.pnava,org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Philippine Nurses Association of Virginia's purpose in to Promote Health, Equity, Service, Advocacy, Education,and Collaboration in the communities that we serve. TAX IMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessed Value: 380.00 Tax: $15.20 Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status--June 2003 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL 11/14/2025 DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE 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 Mill� 1APPLICANT DISCLOSURE Organization name: U1✓re SECTION 2. SERVICES DISCLOSURE Vi�' -jr1 6k 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: S [NO] �� SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your �C�D/1 ` L1CJ ❑ tax return / S C'-fn+p') Financial Services (include � ❑ lendinglbanking institutions and current mortgage holders as applicable) Legal Services ❑ Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. PPL T'S SIGNATURE PRINT NAME AT a,4o�Nu ao�Y O nq1 al Proposal a L .d CityCO Un cil Policy Tide: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dares of Revisions:May 6,2008 Page 1 of 4 -_T 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Councils policy adopted on. February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable,.patriotic, historical, benevolent,cultural,or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Polity The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting_tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: . 4f Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local.property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: );ebntary 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council"and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. f'�I �• .L 7s2 01 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7); Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE PROTECTING PAWS IN 2 PERIL AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXAT I O N 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Protecting Paws in Peril; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Protecting 13 Paws in Peril a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Protecting Paws in Peril located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Protecting Paws in Peril for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Protecting Paws in Peril shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2028, Protecting Paws in Peril 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Protecting Paws in Peril cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2026. 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 CONTENT: AP OVED AS TO LEGAL S F F I NCY: ommissioner o the Revenue rney s Office CA17058 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PROTECTING PAWS IN PERIL Website: https://www.protectingpip.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY This nonprofit was started to help aid the recovery of animals who have become lost and for animals who are fleeing a crisis situation. We are proud to partner up with the pet supply thrift store Already Been Chewed where profits will go to both the nonprofit and to the upkeep of the store. Our goal is to have enough funding to be able to provide traps,trail cameras, flyers and other needed items to lielp bring an animal who is lost and on the run,back home.Other funding that is needed will go to animals who may have lost all previous possessions and need to start over with items such as leashes,collars, bowls, etc. TAX IMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessment: 772.80 Tax: $30.91 Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 21, 2021 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL 11 - Y- ?.a,-�75 DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE 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: F4Nu'`�t Y-\ _ ev - I 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: FYES NO SERVICE PROVIDER (use additional sheets if / needed) ❑ Accounting and/or preparer of yam' your tax return Financial Services (include El lending/banking institutions and current mortgage holders as ap licable) IXJ Legal Services Ej Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand l am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. U,-in -:�2 Yf— ZjT-) 6� 1%, -I r APPL ANT' IGNA RE PRINT NAME DATE a`4�,1NV+BNF-4�eOrl I1�ro osal .d G t yCouncil Polic y Title: City Council Policy Regarding Applications for Tax Exemption by Designadon Date of AdoptiorL February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to CounciPs policy adopted on. February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable,.patriotic, historical, benevolent,cultural,or public park and playground-purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policv The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting.tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: . i Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6,2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local.property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Polio 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Cade§58.1-3651), the organization will receive i t Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: ];ebniary 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney, 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemptiorL Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authorit)L Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. t Title: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: _-February 3,20N Dates of Revisions:May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption, LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7); Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE QUALITY OF LIFE, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Quality of Life, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Quality of 12 Life, Inc. a charitable organization within the context of§6(a)(6) of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Quality of Life, Inc. located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Quality of Life, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Quality of Life, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue, 28 29 (c) that every three years, beginning on January 1, 2028, Quality of Life, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Quality of Life, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2026. 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 CONTENT: RO ED AS TO LEGAL FFICI NCY. Commissioner of the Revenue orn CA17059 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: QUALITY OF LIFE, INC Website: https://www.qualitylifematters.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY QLI focuses on personal, educational, and social development through initiatives such as mental health programs,truancy reduction,workforce development, mentoring, and life-skills coaching. Notably, QLI employs a unique and effective approach to address gun violence reduction,showcasing positive impacts on at-risk youths. TAX IMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessment: 1,888.00 Tax: $68.32 Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c)3 status—July 1,2016 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL It4 rAo DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE 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 I / APPLICANT DISCLOSURE Organization name: �m �� !a��;` � �►�._____ 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: YES NO SERVICE PROVIDER (use additional sheets if needed) o Accounting and/or preparer of your tax return Financial Services (include Q lending/banking institutions and current mortgage holders as applicable) Q E Legal Services Q Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Fjinif complete, true, and accurate. I understand I am responsible for updating the information provided h changes prior to the Council action upon this Application, A PL N- S SIGNATURE PRINT NAME r,'C' I3 f4c O_�al Proposal L; =' S s city council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 i Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Councils policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable,.patriotic, historical, benevolent, cultural,or public park and playground-purposes. However, as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the Property 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting.tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to fife Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local.property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Polio 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Tide 58.1 of the Virginia Cade. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive i Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .-February 3, 2004 Dares of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption, LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. 011 y.! CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Echoes of Healing, Foodbank of Southeastern Virginia, Maverick Learning Center, Philippine Nurses Association of Virginia, Protecting Paws in Peril, Quality of Life, Inc., and the Micro-Nonprofit Network, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received seven applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Foodbank of Southeastern Virginia) requests exemption from real property taxes. The rest of the applications only seek exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 2, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (7); Commissioner of Revenue Summary of the Applications (7); Disclosure Forms (7); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE THE MICRO- 2 NONPROFIT NETWORK AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia, the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to The Micro-Nonprofit Network, 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates The Micro- 13 Nonprofit Network a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by The Micro-Nonprofit Network located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Micro-Nonprofit Network for exclusively 23 charitable purposes, 24 25 (b) that each July 1, The Micro-Nonprofit Network shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue, 29 30 (c) that every three years, beginning on January 1, 2028, The Micro-Nonprofit 31 Network shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that The Micro-Nonprofit Network cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2026. 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 CONTENT: ROVED AS TO LEGAL SUFF IENCY: Commissioner o t e Revenue i y ttorney's Office CA17060 R-1 November 17, 2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Micro-Nonprofit Network Inc Website: https://www.micrononprofitnetwork.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Their mission Is to educate, empower, and equip small nonprofits through capacity building and program development.We practice what we teach. Like you,we have some very special M community outreach programs that are dear to us. Fundraising and sharing these secondary missions are one of our strengths. With our wealth of real-world experience, we can help these organizations meet their mission goals. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 1,256.00 Tax: $50.24 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 9, 2016 DATE SUBMITTED TO CITY ATTORNEY FOR APPROVAL DATE DATE SUBMITTED TO CITY COUNCIL DATE DATE APPROVED BY CITY COUNCIL DATE 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 l / APPLIICAN�T'^DISCLOSURE Organization name: !Im 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: YES NO F SERVICE PROVIDER(use additional sheets if needed) El Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) El Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I pnderstand I am responsible for updating the information provided herein if it c anges prior to the Council action upon this Application. f Y� eft. 1,W-1 mot (ki 1`� APPLICANT'S SIGNATURE PRINT NAME ATE i ,`4otN�e -0 Original Proposcd :d -•mot ♦ �J CityCouncil Policy Title: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes, The Commissioner of the Revenue has offered revisions to CounciPs policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable,.patriotic, historical, benevolent, cultural,or public park and playground-purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting-tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Cound Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I.of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local.property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this polity, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Poliz 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Tide 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City" Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no Iater than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC B)_NEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific c Rea airements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. rr , 4 f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2025-26 Capital Improvement Program for Flood Protection PUBLIC HEARING: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: The Flood Protection Bond Referendum was approved in 2021 and subsequently adopted by City Council to authorize $567.5 million in General Obligation Bonds for 21 otherwise unfunded Flood Protection projects. The "Mega Bundle" guaranteed maximum price was presented to city staff in late October and since that time the Department of Public Works has been negotiating the final pricing with the contractor. The Mega Bundle comprises of seven capital projects in Windsor Woods, Princess Anne Plaza, and The Lakes. Six of the projects were approved in the 2021 Flood Protection Bond Referendum and supported by a 4.1¢ real estate dedication. The remaining project is funded by the Stormwater Enterprise Fund. The Mega Bundle is estimated to be completed by early 2031 based on the contractor's estimate. In order to issue the construction contract, full appropriations for the contract must be in place. For this reason, several transfers of appropriations between projects and additional appropriations are necessary to keep the Mega Bundle project on schedule and ensure the timely issuance of the referendum bonds by the referendum deadline of 2031. The following table outlines the additional appropriations needed for each of the seven projects within the Mega Bundle for the issuance of this contract, factoring in cost estimates needed for the current fiscal year including site acquisition, a construction owner's site representative, and the City's owner advisor within the funds available. Funds GIVIP # Project Difference available Amount 100521 The Lakes-South London Bridge Creek 1,330,111 56,443,942 (55,113,831) Channels and Gate 100418 The Lakes- Holland Road Gate 1,861,571 30,607,488 (28,745,917) ___ .___ ..-.--- __.__ ___ ... ..._.. _ 100487 Windsor Woods Pump Station 32,082,247 111,784,330 (79,702,083) 100517 Princess Anne Plaza North London Bridge 37,300,201 173,267,077 (135,966,876) Creek Pump Station 100553 Windsor Woods-Thalia Creek/Lake 881,917 34,074,886 (33,192,969) Trashmore Imp. 100604 The Lakes- Flood Barriers 1,996,847 43,285,009 (41,288,162) 100605 Windsor Woods Flood Barriers 9,895,085 39,507,511 (29,612,426) Grand Total 85,347,979 488,970,243 (403,622,264) The following table includes the total proposed transfers from other projects and additional appropriations needed. # Name Amount 100603 Sandbridge/New Bridge Intersection Improvements 7,495,002 100551 Stormwater Green Infrastructure 34,100,000 100061 Central Resort District-24th Street Culvert 5,100,000 100062 Central Resort District Drainage Improvements 87,060,259 100548 Pungo Ferry Road Improvements 5,997,395 100596 Church Point/Thoroughgood BMP and Conveyance Improvements 32,139,893 100601 First Colonial Road/Oceana Blvd. Drainage Improvements 343,486 100602 West Neck Creek Bridge 66,763,223 100595 Lake Bradford/Chubb Lake Pump Station &Outfall 33,769,220 Total Transfers From Other Projects 272,768,478 - Stormwater Revenue Bonds 41,125,623 - General Fund Fund Balance—Stormwater Dedication 13,988,208 - Authorized/Unappropriated Charter Bonds to be repaid by FPP Fund 11,800,000 - Public Facility Revenue Bonds to be repaid by FPP Fund 63,939,955 Total New Appropriation 130,853,786 Grand Total 403,622,264 As mentioned above, project 100521 "The Lakes South — London Bridge Creek Channels and Gate" was not a Referendum project and as such, it is proposed that additional Stormwater Revenue Bonds and restricted fund balance of the General Fund be used to close the identified funding shortfall. The restricted fund balance totaling nearly $14 million is available as a result of unspent appropriations (primarily from vacancy savings) from the 2.50 real estate dedication for stormwater operations since the dedication was established in FY 2019-20 budget. The projects identified for transfer were selected based on availability of funds and expected delivery timeline, consistent with other recent transfers for major construction contracts, such as the transfer from Centerville Phase III to Shore Drive Phase III and from Indian River Road VII-A to Elbow Road II-B and II-C. The FY 2026-27 CIP will aim to restore funding to projects to the greatest extent possible based on overall debt metrics, funding availability, and the construction timeline for each of the projects. ■ Considerations: The addition of$11.8 million in Charter Bonds and $63.9 million in Public Facility Revenue Bonds fit within the City's existing debt metrics and the affordability provided by the 4.1¢ real estate dedication for the Flood Protection Program. The Charter Bonds are available as the result of the retirement of principal from the first Flood Protection Bond sale in May 2024. As the referendum debt is retired, additional charter bond capacity is generated for the program. The use of Public Facility Revenue bonds closes the gap on needed appropriations when compared to funds available for transfer and the charter bonds. The Code of Virginia (§ 15.2-2611) requires that bonds authorized by a referendum be issued within eight years of the date of the referendum. This deadline can be extended by court order, which the City obtained. Because of the timing of construction projects associated with the referendum, the majority of the $567.5 million will be issued for the Mega Bundle and associated projects, as the referendum bonds must be issued by 2031. The financing plan for the referendum is predicated on the execution of the original $567.5 million within the 10-year window. ■ Public Information: Normal City Council agenda process, informational briefing on November 25, 2025, and Public Hearing on December 2, 2025. ■ Attachments: Ordinance; Exhibit A: Summary of Transfers; Project Detail Sheets (16) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO AMEND THE FY 2025-26 CAPITAL 2 IMPROVEMENT PROGRAM FOR FLOOD PROTECTION 3 4 WHEREAS, On November 2, 2021, the residents of Virginia Beach approved the 5 Flood Protection Bond Referendum in the amount of$567.5 million; 6 7 WHEREAS, the City has received a guaranteed maximum price on a design-build 8 contract for seven Flood Protection Projects known as the "Mega Bundle" that exceeds 9 available appropriations within the projects; and 10 11 WHEREAS, the funding request exceeds 1% of the City's FY 2025-26 Capital 12 Improvement Program budget, so a public hearing on the proposed appropriation was 13 held on December 2, 2025; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1) $41,125,623 in Stormwater Revenue Bonds is hereby authorized and 19 appropriated, with revenue increased accordingly, to provide funding for capital 20 project #100521 "The Lakes - South London Bridge Creek Channels and Gate." 21 22 2) $13,988,208 is hereby appropriated from the Fund Balance of the General Fund, 23 with revenue increased accordingly, to provide funding for capital project#100521 24 'The Lakes - South London Bridge Creek Channels and Gate." 25 26 3) $11,800,000 in Referendum Charter Bonds are hereby appropriated, with revenue 27 increased accordingly, to the Flood Protection Section of the FY 2025-26 Capital 28 Improvement Program as outlined in Exhibit A. The authorization for these bonds 29 was included in the FY2025-2026 Capital Improvement Program debt 30 authorizations. 31 32 4) $63,939,955 in Public Facility Revenue Bonds are hereby authorized and 33 appropriated with revenue increased accordingly, to the Flood Protection Section 34 of the FY 2025-26 Capital Improvement Program as outlined in Exhibit A. 35 36 5) $272,768,478 in existing Flood Protection Program appropriations are hereby 37 transferred within the Flood Protection Section of the FY 2025-26 Capital 38 Improvement Program as outlined in Exhibit A. 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. APP OVED AS TO CONTENT: 7VED AS TO LEGAL SUFFICIENCY: ,L�-�e L U 1-h, - udget and Management Services ttorney's Office CA1 7064/R-1/November 19, 2025 Exhibit A:Summary of Transfers Transfers From: # Name Donor Amount 100603 Sandbridge/New Bridge Intersection Improvements 7,495,002 100551 Stormwater Green Infrastructure 34,100,000 100061 Central Resort District-24th Street Culvert 5,100,000 100062 Central Resort District Drainage Improvements 87,060,259 100548 Pungo Ferry Road Improvements 5,997,395 100596 Church Point/Thoroughgood BMP and Conveyance Improvements 32,139,893 100601 First Colonial Rd/Oceans Blvd Drainage Improvements 343,486 100602 West Neck Creek Bridge 66,763,223 100595 Lake Bradford/Chubb Lake Pump Station&Outfall 33,769,220 Total Transfers From 272,768,478 Referendum Charter Bonds 11,800,000 Public Facility Revenue Bonds 63,939,955 Total Referendum Transfers and Appropriations 348,508,433 Transfers To: # Name Transfer Amounts 100418 The Lakes-Holland Road Gate 28,745,917 100487 Windsor Woods Pump Station 79,702,083 100517 Princess Anne Plaza North London Bridge Creek Pump Station 135,966,876 100553 Windsor Woods-Thalia Creek/Lake Trashmore Imp. 33,192,969 100604 The Lakes Flood Barriers 41,288,162 100605 Windsor Woods Flood Barriers 29,612,426 Total Transfers To 348,508,433 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100521 Title:The Lakes South London Bridge Creek Channels and Gate Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:10 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 2,700,000 2,700,000 0 0 0 0 0 0 32,502,000 ScopeDescription and his project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes the design,property acquisition,and construction of channels and a tide gate along the Lakes and Green Run canals and along London Bridge Creek immediately south of and adjacent to the Lynnhaven Parkway crossing. Purpose is project wi improve stormwater management wit in T e Lakes neig orhoo an re ieve wi esprea oo ing.T e La es is ocate in a ow yang area t at s flooded by moderate to severe rain and moderate to severe high tides.The Lakes Drainage Improvements.Preliminary Engineering Report determined a gate and channels are required along the Lakes and Green Run canals and along London Bridge Creek immediately south of and adjacent to the Lynnhaven Parkway :rossing to stop tidal flooding from the south and allow stormwater to flow out of The Lakes neighborhood. History and Current Status Fhis project first appeared in the FY 2019-20 CIP and is a breakout project of 100417,The Lakes Drainage Improvements.This project is one of seven projects hat will be designed and constructed under a single Design-Build Contract. Operating Project Map Schedule of Activities Project Activities From-To Amount a CAPITAL MILL LH <°yyNE Design 05/22-12/25 3,620,000 o- LN & Site Acquisition 03/23-07/25 5,000,000 Utility Adjustment 12/25-06/31 100,000 J, Construction 12/25-06/31 21,890,000 _ �s °ems Paa Contingencies 05/22-06/31 4,592,000 < o n 9q�s o°°y 9 n '; °4 Total Budgetary Cost Estimate: 35,202,000 v^ r 0 40 1 Means9f`°, Funding Subclass Amount Local Funding 2,700,000 f � m S f 9 fs • _ 1. Total Funding: 2,700,000 0 4 f i4< t, Qy. P rP d 104 L ok of�o s v FY 2025-26 TO FY 2030-31 160 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100418 Title:The Lakes-Holland Road Gate Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:10 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 8,507,000 8,507,000 0 01 0 0 01 19,053,000 Description an. Scope this project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes the design,property acquisition,and construction of a flood control gate on the west side of Holland Road at"The Lakes"canal crossing and storm drain pipe improvements in the :himney Hill subdivision. Purpose is project wiN improve stormwater management and—W­Inesprea oo ing wit in T e La es neig or oo .T e La es is ocate in a ow-ying area that is looded by moderate to severe rain and moderate to severe high tides.Preliminary engineering determined stormwater could be stored in the upper reaches of "he Lakes and Chimney Hill neighborhood canals.Storm drain pipe improvements are required to mitigate street flooding while the stormwater is being stored )ehind the flood control gate. History and Current Status Fhis project first appeared in the FY 2020-21 CIP and is a breakout phase of 100417,The Lakes Drainage Improvements.This project is funded by the November t021 bond referendum and is one of seven projects that will be designed and constructed under a single Design-Build Contract. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount I 4k Design 05/22-12/25 2,980,000 rf„ t° *O Site Acquisition 03/23-07/25 550,000 ty 12/25 250,000 °O -06/31 OP'"�°+ Colnlstrut ion 12/25 12/25-06/31 20,185,000 Contingencies 05/22-06/31 3,595,000 Total Budgetary Cost Estimate; 27,560,000 '�et Means�� AS"AWAY NO Funding Subclass Amount Local Funding 8,507,000° • 100418 o 'fie Total Funding: 8,507,000 011k 0 °w Sprint,•, P3rl. Fa �,o �o Hoilard Etemertary School FY 2025-26 TO FY 2030-31 158 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100487 Title:Windsor Woods Pump Station Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:3 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 41,946,000 41,946,000 0 0 0 0 0 0 43,246,000 Description and Scope "his project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes design,property acquisition, tnd construction of a stormwater pump station in the vicinity of Lake Windsor and South Boulevard. Purpose is project wi improve stormwater management wit in t e Windsor Woods neig or oo an re ieve wi esprea oo ing.Windsor Woods is ocate in a ow-lying area that is flooded by moderate to severe rain and high tides.A preliminary engineering report was developed and published on April 5,2018.The plan recommended a tide gate and a stormwater pump station in the vicinity of Lake Windsor and South Boulevard to pump stormwater out of upstream :hannels and lakes before,during,and after moderate to severe rainstorm events.An adjacent tide gate is being constructed under 100488,Windsor Woods Tide Sate.The tide gate will hold stormwater in upstream channels and lakes until it is pumped. History and Current Status Fhis project first appeared in the FY 2019-20 CIP and is a breakout project of 100486,Windsor Woods Drainage.This project is funded by the November 2021 )ond referendum and is one of seven projects that will be designed and constructed under a single Design-Build Contract.In FY 2024-25$500,000 was ransferred from this project to 100486"Windsor Woods Drainage." Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount rxvttpt�t�D e Design 05/22-12/25 9,600,000 Utility Adjustment 12/25-06/31 2,000,000 Construction 12/25-06/31 62,480,000 Contingencies 05/22-06/31 11,112,000 wALcs OR Total Budgetary Cost Estimate: 85,192,000 South University Means of Financing Funding Subclass Amount Rai OnnnNEWSOMMO� :w Local Funding 41,946,000 SOVrn tLVO e 0100487 5 Total Funding: 41,946,000 c a Mount Park OLD FORDt RD 'wt RO v1TDt,M RD OO •* �O FY 2025-26 TO FY 2030-31 166 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100517 Title: Princess Anne Plaza North London Bridge Creek Pump Station Status:Approved Category: Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:10 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed C/PFunding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 60,900,000 60,900,000 0 0 0 0 0 0 95,581,000 Description and Scope Fhis project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes the design,property acquisition,and construction of a tide gate,stormwater pump station,and tide barriers along the London Bridge Creek at the South Lynnhaven Road crossing. Purpose is project win improve stormwater management wit in t e Princess Anne P aza neig or oo an re ieve wi esprea oo ing.Princess Anne P aza is ocate n a low lying area that is flooded by moderate to severe rain and high tides.A preliminary engineering report was developed and published on April 5,2018.The )Ian recommended a tide gate,stormwater pump station,and tide barriers in the vicinity of London Bridge Creek north of the South Lynnhaven Road crossing. Fhese facilities are needed to mitigate tidal flooding in Princess Anne Plaza and will pump out stored stormwater before,during,and after moderate to severe 'ain storm events.Barriers will provide protection from the 100-year(FEMA 1%Annual Chance)flood. History and Current Status his project first appeared in the FY 2019-20 CIP and is a breakout phase of 100315,Princess Anne Plaza Drainage Improvements-Phase I.This project is funded )y the November 2021 bond referendum and is one of seven projects that will be designed and constructed under a single Design-Build Contract. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount �L°RCNCC ST A Design 05/22-12/25 16,900,000 LpRµ ST SpfPG� Site Acquisition 03/23-07/25 4,800,000 Utility Adjustment 12/25-06/31 2,500,000 Construction 12/25-06/31 111,870,000 d° Contingencies 05/22-06/31 20,411,000 P = J j T 1 Total Budgetary Cost Estimate: 156,481,000 � Z tie Means of Financing Funding Subclass Amount Local Funding 60,900,000 p0 a° ."`°� ?�� pops" Total Funding: 60,900,000 °r ar0 u0 i 1 "o h o� �9 O FY 2025-26 TO FY 2030-31 150 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100553 Title:Windsor Woods-Thalia Creek/Lake Trashmore Imp. Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:3 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 3,346,500 3,346,500 0 0 0 0 0 0 0 i Description and Scope Fhis project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes the design,property acquisition,and construction of culverts between Lake Trashmore and Thalia Creek and channel improvements along Thalia Creek between Lake Trashmore and .ake Windsor. Purpose is project wi re ieve t e Win sor Woo s neig oornooa OT wi esprea oo ing y storing stormwater uring an a ter rain storm events.Wincisor Woo cis is ocated in a low lying area that is flooded by moderate to severe rain and moderate to high tides.A preliminary engineering report was developed and published )n April 5,2018.The plan recommended these improvements to work together with the Windsor Woods Pump Station(100487)and the Windsor Woods Tide Sate(100488).When the gate across Thalia Creek is closed,Lake Windsor will be pumped down in anticipation of oncoming rain storms. History and Current Status Fhis project first appeared in the FY 2019-20 CIP and is a breakout phase of 100486,Windsor Woods Drainage.This project is funded by the November 2021 )ond referendum and is one of seven projects that will be designed and constructed under a single Design-Build Contract. Operating Project Map Schedule of Activities Project Activities From-To Amount G WALES DR Design 05/22-12/25 350,000 Site Acquisition 03/23-07/25 360,000 unaescy # Construction 12/25 06/31 2,200,000 Contingencies 05/22-06/31 436,500 SpUTM��yp ° Total Budgetary Cost Estimate: 3,346,500 f n o Means of Financing O Z Funding Subclass Amount Local Funding 3,346,500 <'n ! 100553 Total Funding: 3,346,500 a� OLp�aRei 9 O ysTRg4M RO F ra 74 O a a 3 FY 2025-26 TO FY 2030-31 163 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100604 Title:The Lakes Flood Barriers Status:Approved Category: Flood Protection Department:PUBLIC WORKS Ranking:0 Project . Location Project Type:New Facility Construction/Expansion District:10 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 3,600,000 3,600,000 0 0 0 0 0 0 13,323,000 Description and Scope Fhis project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes design,property acquisition, and construction of earthen berms and concrete walls for flood barriers on the east and west side of London Bridge Creek using Lynnhaven Parkway as the flignment.The barriers will be built to a top elevation of 9.5 feet to provide tidal protection to FEMAs 100-year flood elevation. PurposeIN is project wili improve stormwater management ana wi esprea oo ing within The La es neig or oo . Drainage in T e La es neigh or oo is impacte y :he tide in London Bridge Creek.The water flowing into the project area prevents water from flowing out,thus increasing the volume of water pooling and Overall water elevation in the project area.The incoming tide also raises the water levels within the lakes and canals pre-storm,reducing the available storage rapacity for stormwater runoff.The Barriers will block the incoming tide thereby increasing the available storage capacity within the system. History and Current Status Fhis project first appeared in the FY 2022-23 CIP,and it is funded by the November 2021 bond referendum.This project is one of seven projects that will be iesigned and constructed under a single Design-Build Contract. Operating Project Map Schedule of Activities Project Activities From-To Amount CAPITAL MILL LN `Ka014 n Design 05/22-12/25 1,725,000 Site Acquisition 03/23-07/25 2,100,000 m i Construction 12/25-06/31 10,890,000 Contingencies 05/22-06/31 2,208,000 `g 10 Total Budgetary Cost Estimate: 16,923,000 n S wMeansof Financing O P 40 �.� Funding Subclass Amount r °+ Local Funding 3,600,000 � o A 1s 200504 9f Total Funding: 3,600,000 `s 0 A 9 41 r Y� 9 / rP P�/ yyaa Oti V 111e % O O<L C O K a FY 2025-26 TO FY 2030-31 159 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100605 Title:Windsor Woods Flood Barriers Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type I Project Location Project Type:New Facility Construction/Expansion I District:3 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 13,157,500 13,157,500 0 0 0 0 0 0 0 Description and Scope Fhis project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project and includes design,property ;cquisition,and construction of flood barriers around the Windsor Woods Pump Station(CIP 100487)and along South Boulevard.Construction includes earthen )erms and concrete walls with sheet piles around the pump station and parallels Thalia Creek to within 100 feet of the gate/pump station site.The barrier along iouth Boulevard will ultimately tie into the natural ground on the eastern and western ends.The barriers will be built to a top elevation of 10.5 feet to provide idal protection to FEMA's 100-year flood elevation. Purpose )rainage in t e Win sor Woo s neig or oo ;s;mpacte y t e t; a in T a is ree .T e water owing mto t e project area prevents water Trom owing out, :hus increasing the volume of water pooling and overall water elevation in the project area.The incoming tide also raises the water levels within the lakes and :anals pre-storm,reducing the available storage capacity for stormwater runoff.The Barriers will block the incoming tide thereby increasing the available storage :apacity within the system. History and Current Status Fhis project first appeared in the FY 2022-23 CIP,and it is funded by the November 2021 bond referendum.This project is one of seven projects that will be iesigned and constructed under a single Design-Build Contract. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount +� Design 05/22-12/25 1,425,000 INVKRNCSS Rp w4Y 6.'{O' Construction 12/25-06/31 10,015,500 Contingencies 05/22-06/31 1,717,000 e Total Budgetary Cost Estimate: 13,157,500 Means of Financing y ZINC OAK RO WALES DR aucn Funding Subclass Amount Local Funding 13,157,500 _" Total Funding: 13,157,500 sovrN OLVn o-y 4 O SRO pV? O �C O�Oty' 9�nK Wy oLa F OACC AO FY 2025-26 TO FY 2030-31 165 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100603 Title:Sandbridge/New Bridge Intersection Improvements Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:2 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 7,990,000 7,990,000 0 0 0 0 0 0 395,470 Description and Scope Fhis project is part of the Southern Rivers Flood Protection Program Master Project.It includes design,property acquisition,and construction to raise New Bridge toad,construct a box culvert under New Bridge Road,and road and shoulder improvements on Sandbridge Road to increase safety at the New Bridge toad/Sandbridge Road intersection and to reduce the need for road closures due to flooding from the adjacent Ashville Creek. Purpose e San ri ge Roa corri or is c aracterize y s arp S-curves anb so sou ers t at ma e navigating t e roa way i icu t.Tile roa way is a s Iine y moods and wetlands that make leaving the roadway extremely dangerous.The purpose of this project is to address roadway flooding while adding turning novements at the intersection of Sandbridge Road and New Bridge Road. History and Current Status 'his project first appeared in the FY 2022-23 CIP,and it is funded by the November 2021 bond referendum. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 08/27-10/30 547,071 t Design 10/22-12/26 750,000 Site Acquisition 01/24-08/26 185,815 Utility Adjustment 01/27-10/27 403,000 Construction 08/27-10/30 4,603,712 Contingencies 10/22-10/30 1,895,872 Total Budgetary Cost Estimate: 8,385,470 -F Means of Financing Funding Subclass Amount Local Funding 71990,000 100603 = Total Funding: 7,990,000 r" I.rikus a oe���ng a V v o- 0 V� FY 2025-26 TO FY 2030-31 152 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100551 Title:Stormwater Green Infrastructure Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 54,811,400 54,811,400 0 0 0 0 0 0 0 Description and Scope Fhis project is part of the Green Infrastructure Flood Protection Program Master Project.As part of the Comprehensive Sea Level Rise and Recurrent Flooding analysis,Green Infrastructure,sometimes called Natural and Nature-Based Features(NNBF),was identified as part of the long-term stormwater resiliency volutions for the City.This program,utilizing preliminary locations identified under the Comprehensive Sea Level Rise and Recurrent Flooding Analysis,will be ised for the design,property acquisition,and construction of Green Infrastructure throughout the City.Multiple non-profit organizations and federal/state iepartments could provide grant assistance for the construction of Green Infrastructure.This program will identify potential grant opportunities and apply for assistance when Green Infrastructure locations are identified that meet the requirements for the grants. Purpose vlu tip e areas t roug out t e City ave een i enti ie w is cou receive su stantia ,ene its rom green in rastructure.T ese ene its inc u e, ut are not imited to;water quality improvements,controlling of erosion,reduction of flood elevations by slowing the flow of tidal impacts(wind-driven or lunar),and establishing valuable habitat for water dependent animals. History and Current Status -his project first appeared in the FY 2020-21 CIP and is a product of the City's Comprehensive Sea Level Rise and Recurrent Flooding Analysis.This project is unded by the 2021 Bond Referendum,the Virginia Department of Conservation and Recreation($8 million),and the National Fish and Wildlife Foundation($9.9 pillion). Operating Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 05/24-11/31 5,731,000 Design 10/21-10/23 2,157,152 Site Acquisition 09/22-11/23 120,000 Construction 05/24-11/31 40,970,395 Implementation 03/25-11/31 850,000 Contingencies 10/21-11/31 4,982,853 Total Budgetary Cost Estimate: 54,811,400 Means of Financing Funding Subclass Amount State Contribution 8,000,000 NO MAP REQUIRED Local Funding 46,811,400 Total Funding: 54,811,400 FY 2025-26 TO FY 2030-31 155 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100061 Title:Central Resort District-24th Street Culvert Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 5,100,000 5,100,000 0 0 0 0 0 0 100,000 Description and Scope Fhis project is part of the Central Resort District Flood Protection Program Master Project.It includes the study,design,property acquisition,and construction of storm drainage system improvements within the drainage ditch of Little Neck Creek at 24th Street and at Old Virginia Beach Road and Parks Avenue near the /irginia Museum of Contemporary Art(MOCA).This project is associated with CIP 100062,Central Resort District Drainage Improvements,and CIP 100275,21st it and Baltic Avenue Drainage Improvements.All 3 projects are being evaluated simultaneously during the PER(Final 2024)to study the hydraulics and flooding mpacts of the tributary area to Beach Garden Park,the 16th Street Pump Station,and the culverts along Little Neck Creek drainage ditch between 1-264 and -askin Road. Purpose is project w1671"I"117MVITurainage wit in trie project area to re uce t e oo ing impacts ano improve arainage capacity to deliver stormwater to a proposecl )ump station(s)with in the vicinity of Beach Garden Park.An Alternative Analysis Report developed in 2016-17 recommended stormwater system mprovements to relieve street and residential structure flooding during moderate rainfall events within the 24th Street area. History and Current Status -his project first appeared in the FY 2019-20 CIP,as a breakout phase of CIP 100062 Central Resort District Drainage Improvement.This project is one of three :hat will be included in a future Design-Build Contract.This project is funded by the 2021 Bond Referendum. Operating Budget Impacts Project Map Schedule of Activities Beach cai ;r Pars: Project Activities From-To Amount Inspections and Support 08/28-09/32 286,000 Design 10/26-05/28 334,800 Study 09/22-08/25 265,200 Utility Adjustment 08/24-09/32 300,000 +�,+ ST Construction 08/28-09/32 3,400,000 +,tip Contingencies 09/22-09/32 614,000 h�4 Total Budgetary Cost Estimate: 5,200,000 Means of Financing Virginia Beach Mi die scho° Funding Subclass Amount ST Local Funding 5,100,000 • 100061 f Total Funding: 5,100,000 0 ..:.ZiNp SY p xai a FY 2025-26 TO FY 2030-31 136 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100062 Title:Central Resort District Drainage Improvements Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 89,500,000 89,500,000 0 0 0 01 0 0 2,300,000 ScopeDescription and Fhis project will study,design,and construct storm drainage improvements to reduce flooding within the Central Resort District.The project area is approximately 600 acres and extends from Atlantic Avenue to the east,the Convention Center to the west,Laskin Road to the north including the Old Beach ieighborhood,and 17th Street to the south.The improvements will include,but are not limited to,storm drainage and culvert system improvements, ;tormwater pump stations,ocean outfall systems,and tidal backflow prevention devices.This project will build upon the alternative concept of draining most of :he project area through tidal waters from MOCA to the water-body located adjacent to Kilborne Court/Beach Garden Park(south of Laskin Road).The vaterbody drains by gravity under Laskin Road and potentially can be pumped into the Atlantic Ocean during high tidal events and extreme rainfall events.This )roject will be constructed in multiple phases coordinating the drainage improvements with the future development of the Central Resort District. Purpose e Centrai Resort District is one o t e o est areas in t e City,an is serve y a imite rainage system.As a resu t,t is area experiences stormwater oo ing which impacts the street system and public and private property.Under existing conditions,the area experiences both nuisance and significant flooding,which :an be attributed to a combination of low lying areas,minimum storm drain pipe capacity,tidal flooding,large runoff volumes and high peak flows.An evaluation study was completed in 2017,which reviewed the available maximum capacity of the drainage ditch located north of MOCA;the pump station :apacity to pump from the Beach Garden Park water body into the Atlantic Ocean;the force main pipe route necessary to pump from a proposed pump station :o the Atlantic Ocean;a Tide gate at Laskin Road;the availability to install a gravity storm pipe from 21st Street to Beach Garden Park waterway along Baltic Ave and redirecting some drainage to the 16th St Pump Station. History and Current Status his project first appeared in the FY 2016-17 CIP.This project is one of three that will be included in a future Design-Build Contract.This project is funded by the t021 Bond Referendum.In FY 2024-25,$1,000,000 was transferred from this project to project 100601"First Colonial and Oceana Drainage Improvements". Operating Project Map Schedule of Activities Project Activities From-To Amount z�a�,j �l,,,K►.�FS, r�,. Inspections and Support 08/28-09/32 5,119,000 g h Design 10/26-05/28 6,787,700 A y1N,,t m p pL Study 09/22-08/25 4,380,087 Site Acquisition 08/25-11/27 6,500,000 Utility Adjustment 08/28-09/32 6,000,000 Construction 08/28-09/32 58,900,000 A1QtxNpyF S1 Contingencies 09/22-09/32 4,113,213 N 46• S, Total Budgetary Cost Estimate; 91,800,000 Means of Financing 4 Funding Subclass Amount :• 100062 Local Funding 89,500,000 i fM ST G t4 ♦ttM ST A Total Funding: 89,500,000 wV pok"I.6CPGM®tVD....._. Elemerti v 's Scho41 V D L r 1 yT"SS i`T~ST FY 2025-26 TO FY 2030-31 138 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100548 Title:Pungo Ferry Road Improvements Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:2 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 30,512,917 30,512,917 0 0 0 0 0 0 5,587,883 ScopeDescription and Fhis project is part of the Southern Rivers Flood Protection Program Master Project.It will raise Pungo Ferry Road from Blackwater Road to the west side of the 'ungo Ferry Road Bridge approach,a distance of approximately 2 miles.The road will be raised to minimize recurring flooding and address sea level rise where )racticable.The project will include shoulder and fill slope improvements.Streetlights do not exist beyond the Pungo Ferry Bridge and will not be included with :his project.Traffic control will be designed to allow construction with single-lane closures. Purpose 'ungo Ferry Roa ias experience perio is c osures ue to 0o ing. T ese c osures nave been tffe—r—esultat major rain a events including nurricanes,but also vind-driven events that have little or no rainfall. The roadway is surrounded by wetlands,which in some locations,extend up to the edge of the pavement. In :hese locations,the shoulders are very soft,making recovery difficult or impossible if a motorist drives off the roadway. Pungo Ferry Road is the only east-west :onnector in the southern part of the City. A closure of this roadway requires a 19-mile detour for residents and agriculture vehicles. The proposed intersection mprovements will reduce the number of closures due to flooding and also increase safety by providing lane widths and shoulders that meet current standards. History and Current Status Fhis project first appeared in the FY 2020-21 CIP in the Roadways section.It was moved to Flood Protection in FY 2022-23's CIP as it was funded by the Vovember 2021 bond referendum.In FY 2024-25 this project received$19,012,917 in federal funding from the Department of Transportation PROTECT grant )rogram. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 12/24-06/29 1,415,000 Site Acquisition 12/24-12/29 269,000 Construction 08/30-06/34 28,400,000 Contingencies 12/22-06/34 6,016,800 Total Budgetary Cost Estimate: 36,100,800 Means of Financing Funding Subclass Amount Local Funding 11,500,000 Federal Contribution 19,012,917 wN66 rV'.*"Jk6,#-100548 Total Funding: 30,512,917 FY 2025-26 TO FY 2030-31 151 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100596 Title:Church Point/Thoroughgood BMP and Conveyance Improvements Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:9 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed C/P Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 35,900,000 35,900,000 0 0 0 0 0 0 9,760,000 Description and ..- -his project is part of the Lake Bradford/Chubb Lake Flood Protection Program Master Project.It includes design,property acquisition,private utilities, nspections,and construction of improvements to alleviate widespread flooding due to moderate rain events impacting the Church Point,Thoroughgood,and adjacent neighborhoods,along with portions of Pleasure House Road and Northampton Boulevard US13.Improvements may include storm drain pipe and :tructure improvements,stormwater conveyance channel improvements,channel maintenance clearing,outfall improvements,stormwater pump stations, oadway improvements,and stormwater management/BMP facilities. Purpose f is project is part o t e mu ti-p ase engineerng project to Tip to a eviate wi esprea oo ing wit in t e La a Bra or an C u La a rainage asin luring heavy rainfall and coastal storm events.The current storm drain pipes and stormwater management facilities in the Church Point,Thoroughgood,and adjacent neighborhoods do not have sufficient capacity for storm events which contributes to causing localized roadway and structure flooding.Drainage mprovements are necessary to provide additional capacity for the storm drain piping system and provide additional storage for stormwater runoff. History and Current Status -his project first appeared in the FY 2022-23 capital improvement program and is a breakout project of the Lake Bradford and Chubb Lake Project(CIP 100229).P )reliminary Engineering Report(PER)was developed and a stormwater management facility along with large storm drain pipes are recommended in the vicinity >f Thoroughgood and Church Point neighborhoods.This project is funded by the 2021 Bond Referendum. Operating Project Map Schedule of Activities PRIG[CIR Project Activities From-To Amount o Design 08/24-02/27 3,400,000 Site Acquisition 03/25-02/27 750,000 i oRY Ito Construction Adjustment 02/27-02/28 2,260,000 Construction 08/28-05/31 31,640,000 Contingencies 08/24-05/31 7,610,000 Total Budgetary Cost Estimate: 45,660,000 OfS~ Means Funding Subclass Amount k�N Local Funding 35,900,000 0 0 s 100596 COURT RD Total Funding: 35,900,000 ChURCM PDINT PL TNORO„CHC DD S CURTISS DR D D,r 4 Q U F ° Q OR C h 4psTor `` G Rp is t h � MCR ;V t MiT 4C�9 D FY 2025-26 TO FY 2030-31 139 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100601 Title:First Colonial Road and Cl'ceana Boulevard Drainage Improvements Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 5,346,663 5,346,663 0 0 0 0 0 0 0 ScopeDescription and -his project is part of the Linkhorn Bay Flood Protection Program Master Project.It includes design,property acquisition,and construction of a Stormwater vanagement Facility on a City-owned property between New York Avenue and Southern Boulevard to provide additional runoff storage.Stormwater will be iiverted from the stormwater pipes along Oceana Boulevard.The Stormwater Management Facility will slowly release the stormwater back into the South )ceana Boulevard stormwater pipes further downstream. Purpose and Need is project wi provi a ocl protection on First Cor=_R_o_ad-M Oceana Bou evar wnicn serves as t e main access route to NAS Oceana anci serves as an ?vacuation route in a 100-year storm with 3.0 feet SLR.The project also addresses several flood reports that have been documented in the area and relieves looding in an area that is both a Strategic Growth Area(SGA)and is considered an economically disadvantaged area.Street flooding along South First Colonial toad and Indiana Avenue will be resolved,as well as the flooding that occurs on the private property along Indiana Avenue.This project meets the requirements Athe Public Works Design Standards Manual by providing passable streets and eliminating habitable structure flooding up to the 100-year storm. History and Current Status -his project first appeared in the FY 2022-23 CIP. In September 2022,this project received a grant from the VA Community Flood Preparedness Fund for '2,021,663 and is also funded by the 2021 Bond Referendum.In FY 2024-25,$1,000,000 was transferred to this project from project 100062"Central Resort )istrict Drainage Improvements." Operating Project Map Schedule of Activities Project Activities From-To Amount :�• Inspections and Support 01/25 12/25 41,350 Design 01/23-07/24 353,182 Utility Adjustment 01/23-12/25 195,000 o Construction 01/25-12/25 4,259,530 o Contingencies 01/23-12/25 497,601 OiMiA s �rRuch awo Total Budgetary Cost Estimate: 5,346,663 . ...,_. i Means of Financing MICNIGAN AVE < Funding Subclass Amount State Contribution 2,021,663 oN�e Avc Local Funding 3,325,000 lb 100£•01 P O -� '- INDIANA AVC rx o``q Total Funding: 5,346,663 n O� \. - souTNaaN nvo a _ ! o , u { Naval Air - Station ^' Oceana ADT r4Ry Rp q FY 2025-26 TO FY 2030-31 147 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100602 Title:West Neck Creek Bridge Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 k Project Type I Project Location Project Type:New Facility Construction/Expansion I District:2 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 69,000,000 69,000,000 01 0 0 01 01 0 0 1 Description and Scope Fhis project is part of the Southern Rivers Flood Protection Program Master Project and includes design,property acquisition,and construction to build a series )f in-water miter gates spaced similarly to the existing bridge piers.This gate would be tied into West Neck Road with earthen levees.To ensure floodwaters do iot flank the gated system,the bridge and sections of West Neck Road on either side of the bridge would be raised.The gate will remain open outside of storm events and is expected to have a minimal impact on the everyday creek flow and habitat. Purpose Nest NeCK Cree a ows a signi icant vo ume o oo waters to inunciate resicientiai properties nort o t e ri ge at West Neck Road.The West Nec Cree 3ridge will effectively block the flood pathway originating from the North Landing River and West Neck Creek thereby providing protection to residential )roperties north of West Neck Road. History and Current Status Fhis project first appeared in the FY 2022-23 CIP,and it is funded by the November 2021 bond referendum. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 12/23-07/28 8,970,000 Site Acquisition 07/28-06/32 1,380,000 Utility Adjustment 07/28-06/32 1,035,000 Construction 07/28-06/32 43,500,000 Contingencies 12/23-06/32 14,115,000 Total Budgetary Cost Estimate: 69,000,000 Means of Financing Funding Subclass Amount Local Funding 69,000,000 K�sr'Nt •100602 Total Funding: 69,000,000 FY 2025-26 TO FY 2030-31 162 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100595 Title: Lake Bradford/Chubb Lake Pump Station&Outfall Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type I Project Location Project Type:New Facility Construction/Expansion I District:9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 78,200,000 78,200,000 0 0 0 0 0 0 28,600,000 Description and ..- -his project is part of the Lake Bradford/Chubb Lake Flood Protection Program Master Project.The project includes design,property acquisition,private utilities, nspection services,and construction of storm drain improvements,flow control,and a large-scale stormwater pump station complex and associated mprovements with an outfall at/near to the shoreline of the Chesapeake Bay adjacent to Lake Bradford/Chubb Lake. Purpose is project is part o t e mu ti p ase engineering project to e p to a eviate wi e sprea oo ing wit in t e La a Bra or an C u Lae rainage i3asin luring coastal storms,heavy rainfall events and/or periods of high tides in the Chesapeake Bay.The lakes currently have an inadequate outfall through Joint xpedition Base Little Creek and when lake levels and/or tides are high,and a heavy rainfall event occurs within the watershed to the lakes,upstream storm irainage system functions are greatly affected and localized roadway and structure flooding is experienced.A Preliminary Engineering Report(PER)was leveloped and a stormwater pump station was recommended in the vicinity of Lake Bradford and Chubb Lake to pump stored stormwater from the lakes to an appropriate outfall before,during,and/or after heavy rainfall and tidal events. History and Current Status -his project first appeared in the FY 2022-23 CIP and is a breakout project of the Lake Bradford and Chubb Lake Project(CIP 100229).This project is funded by :he 2021 Bond Referendum. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 08/22-10/26 9,200,000 Site Acquisition 12/23-01/26 3,910,000 Utility Adjustment 10/26-04/30 2,620,000 Construction 10/26-04/30 73,270,000 Contingencies 08/22-04/30 17,800,000 Total Budgetary Cost Estimate: 106,800,000 Means of Financing Funding Subclass Amount Local Funding 78,200,000 • 100595 t� Total Funding: 78,200,000 JsFnt exveait+ollaly .Base-Uttte Creek i Y • i J S O hf4[Y�O/NT pp fy O 4 f O FY 2025-26 TO FY 2030-31 148 CAPITAL IMPROVEMENT PROGRAM ue h foS h F� s f, ram` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years With Back Bay Wildfowl Guild, Inc. for City-Owned Property Located at 1113 Atlantic Avenue PUBLIC HEARING DATE: December 2, 2025 MEETING DATE: December 9, 2025 ■ Background: The City of Virginia Beach (the "City") acquired the property located at 1113 Atlantic Avenue, Virginia Beach, Virginia (GPIN: 2427-25-5317) (the "Premises") commonly known as the deWitt Cottage (the "Cottage") in 1995 from the Virginia Beach Foundation. The City has been leasing the Premises to Back Bay Wildfowl Guild, Inc. ("Back Bay") since October 2000. The current lease term expired on October 22, 2025. Back Bay has continued to operate in the Premises and desires to enter into a new lease for an additional five-year period. ■ Considerations: Both the City and Back Bay are dedicated to preserving the historic nature of the Cottage and operating the Cottage in a manner that complements the City's historic culture. Activities conducted by Back Bay at the Premises include wildfowl exhibits and related special events, receptions and meetings, operation of a gift shop and the exhibition of furnishings and other items intended to preserve the historic nature of the Cottage. This lease would be for a term of five years commencing on January 1, 2026 and expiring December 31, 2030. The terms and conditions of the lease are set forth in the Summary of Terms attached to the Ordinance. No changes to the terms of the prior lease are being proposed by this action, and operations at the Cottage will remain the same. ■ Public Information: A public hearing will be advertised on November 23, 2025 in The Virginian-Pilot. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve Lease, change conditions of the Lease, or deny leasing the Premises. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager:fi 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO 5 YEARS WITH BACK BAY WILDFOWL 4 GUILD, INC. FOR CITY-OWNED PROPERTY 5 LOCATED AT 1113 ATLANTIC AVENUE, 6 VIRGINIA BEACH 7 8 WHEREAS, the City of Virginia Beach (the "City") acquired the property located 9 at 1113 Atlantic Avenue, commonly known as the deWitt Cottage (the "Property") from 10 the Virginia Beach Foundation on September 28, 1995; 11 12 WHEREAS, the City has been leasing the Property to the Back Bay Wildfowl 13 Guild ("Back Bay") since October 2000; 14 15 WHEREAS, the current lease term expired on October 22, 2025; 16 17 WHEREAS, Back Bay has continued to operate in the Property and desires to 18 enter into a new formal lease agreement with the City for the Property; 19 20 WHEREAS, City staff has determined that it is in the best interest of the City, its 21 citizens and its visitors that Back Bay continue to use the Property consistent with the 22 City's mission to preserve the historic nature of the Property; and 23 24 WHEREAS, the Property would be utilized for purposes which complement the 25 general level of culture of the City of Virginia Beach, including wildfowl exhibits and 26 related special events, meetings and receptions, operation of a gift shop, and exhibiting 27 furnishings and other items which are intended to preserve the historic nature of the 28 Property. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to execute a lease for up to 5 years 34 between Back Bay Wildfowl Guild, Inc. and the City for the Premises, in accordance 35 with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and 36 such other terms, conditions or modifications as may be acceptable to the City Manager 37 and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND RM City Attorney ub is Work / Real Estate CA16764 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d003\p052\01085606.doc R-1 November 20, 2025 EXHIBIT A SUMMARY OF TERMS Lease of City-owned Property located at 1113 Atlantic Avenue, known as the deWitt Cottage LESSOR: City of Virginia Beach LESSEE: Back Bay Wildfowl Guild, Inc. PREMISES: 1113 Atlantic Avenue TERM: 5 Years (January 1, 2026 through December 31, 2030) RENT: $1.00 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for operation and activities that preserve the historic nature of the deWitt Cottage and in a manner that complements the City's historic culture. • Lessee and its permitted assignees, subtenants or licensees shall be permitted to sell food and drinks on the Premises in conformity with all laws and ordinances applicable to said activities, and subject to the terms set forth in the Lease. • The Premises must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Provide daily housekeeping services. • Purchase commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). RIGHTS AND RESPONSIBILITIES OF LESSOR (CITY): • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks and landscaping. • Provide minimal weekly housekeeping services • Provide payment for all utility costs and fees as they pertain to electricity, heating, fuel, water, sewer and solid waste collection. • Retain the right to enter the Premises at any time for emergency repairs. LOCATION MAP 207 213 205 y I S T i � 1115-102 i 1113 1116 110I A09 _..1110$ 1101 1112-923 1112 110T- �q 1107- _ - �� +'i { 203 714 y �� 1 1102-103 � 211 205 1102-102 �217 ,� 211 209 207-703 200 w w 219 Qr 229 IOU1011 CITY OF 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. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application Back Bay Wildfowl Guild, Inc. 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: Charles L. Hightower, Director Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes@Not If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Aimee Rhodes,President,Chris Ludford,Vice-President,Parke Atkinson,Secretary,Larry Davenport,Treasurer,Mark Cromwell, Director,Jim Mehne,Director,Phil Davenport,Director,Patrick Hayes,Director,Austin Rutter,Director,Gordon Harrison Director. 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? Yese• No® If yes, name the official or employee, and describe the nature of their interest. The property belongs to the City of Virginia Beach APPLICANT SERVICES DISCLOSURE READ: The Applicant most certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, o cross-collateralization, etc.) �J Real Estate Broker/Agent/Realtor O 0 Disclosure Statement I rev. May-2024 page 1 of 3 a. SECTION 1: APPLICANT • DISCLOSUREcontinued SERVICE YES NO SERVICE PROVIDER (Norge entity and/or individual) Accounting/Tax Return Preparation Architect/Designer/Landscape ® Architect/Land Planner e Construction Contractor O 1@ Engineer/Surveyor/Agent O O 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. Digitally signed by Charles L. Charles L. Hightower Charles L. Hightower Hightower Date:2025.12.01 15:14:13•05'00' 12/01/2025 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly at- 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 s% s� � SSA CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1)An Ordinance to Direct the City Manager to Implement Changes to Oceanfront Parking and to Authorize a Position within the Department of Public Works (2)An Ordinance to Amend Section 21-322 and Repeal Section 21-323 of the City Code Pertaining to Metered Parking MEETING DATE: December 9, 2025 ■ Background: At the direction of the City Council, the Public Works Department's Parking Management Office has developed several recommendations regarding Oceanfront Parking. The purpose of these recommendations was to: • Create a Virginia Beach Resident Parking Program for use at the Oceanfront; • Streamline parking payment and validation process; • Modernize and incentivize existing rate structures; and • Encourage turnover in high demand on-street areas. Recommendations following at Oceanfront garages and surface lots include: • Introducing a $50 annual resident parking voucher: • Renewed yearly with proof of residency • Voucher credits to be usable at all locations and on-street spaces in identified Oceanfront Service Zones • Program Structure & Technology: • Digital voucher to be issued via mobile app to track usage per resident and to simplify parking decisions • Renewal Incentives: • Residents who re-load after using their initial $50 can purchase the next $50 worth of parking for $25 (first re-load only— remaining at cost) • Demonstrates commitment to resident affordability To encourage longer stays and improved turnover management through pricing, the Parking Management Office is recommending progressive pricing to support both turnover and revenue growth while keeping short visits affordable. • Additional Recommendations: • Eliminate the $3 after 5pm resident discount • Eliminate the 3-hour on-street parking maximum • Increase unreserved Monthly parking rates from $60 to $100 • Increase reserved Monthly parking rates from $100 to $150 • Increase Seasonal Lot Permit from $70 to $100 and eliminate the current discount on the 2"d permit purchase • Anticipated Impacts: • Increased turnover in prime oceanfront spaces • Revenue growth from updated rate structure and participation to cover capital maintenance and operational needs • Operational insight through data tracking and voucher analytics • Improved resident satisfaction through digital access and convenience Each proposed change would begin April 1, 2026, with registration for the Resident Program to begin in early 2026. ■ Considerations: The Parking Enterprise Fund is a self-supporting fund. Parking revenues must generate sufficient revenue to support operations. No revenue from parking revenues supports the General Fund. Revenue generated is used for operating, cleaning, and maintaining the parking program and facilities. In order to effectively manage this program, the Department of Public Works is requesting one additional FTE within the Parking Enterprise Fund. Sufficient funds are available for the remainder of FY 2025-26 for the position within the Fund, and if approved, it will be included in the FY 2026-27 Proposed Budget. The elimination of the three-hour on-street maximum requires the repeal of City Code 21- 323. Additionally, to make more clear flexibility in payment methods, an amendment of 21-322 provides additional discretion for the collection by commercially acceptable methods. ■ Public Information: Normal City Council agenda process and informational briefings on February 18, July 1, and November 25, 2025. ■ Attachments: Ordinances (2) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:ft-0 1 AN ORDINANCE TO DIRECT THE CITY MANAGER TO 2 IMPLEMENT CHANGES TO OCEANFRONT PARKING AND 3 TO AUTHORIZE A POSITION WITHIN THE DEPARTMENT 4 OF PUBLIC WORKS 5 6 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all 7 operational costs to provide a comprehensive enforcement program at the Oceanfront ; 8 9 WHEREAS, the City Council has requested free or reduced parking for residents 10 of the City while maintaining revenue sustainability within the fund; and 11 12 WHEREAS, the Department of Public Works, Parking Management Office has 13 developed and presented to the City Council several recommendations for the 14 establishment of a resident parking program and to modernize existing rate structures; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA THAT: 18 19 1) The City Manager- is hereby directed to implement the Resident Parking Program 20 and progressive pricing strategy as presented on November 25, 2025, including 21 described the program modifications and enhancements to be effective April 1, 22 2026. 23 24 2) 1.0 FTE is hereby established within the Department of Public Work's FY 2025-26 25 Parking Enterprise Fund Operating Budget for the implementation and 26 administration of the program. 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: y Budget and Management Services r y orney's Office CA17069 R-1 December 1, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1)An Ordinance to Direct the City Manager to Implement Changes to Oceanfront Parking and to Authorize a Position within the Department of Public Works (2) An Ordinance to Amend Section 21-322 and Repeal Section 21-323 of the City Code Pertaining to Metered Parking MEETING DATE: December 9, 2025 ■ Background: At the direction of the City Council, the Public Works Department's Parking Management Office has developed several recommendations regarding Oceanfront Parking. The purpose of these recommendations was to: • Create a Virginia Beach Resident Parking Program for use at the Oceanfront, • Streamline parking payment and validation process; • Modernize and incentivize existing rate structures; and • Encourage turnover in high demand on-street areas. Recommendations following at Oceanfront garages and surface lots include: • Introducing a $50 annual resident parking voucher: • Renewed yearly with proof of residency • Voucher credits to be usable at all locations and on-street spaces in identified Oceanfront Service Zones • Program Structure & Technology: • Digital voucher to be issued via mobile app to track usage per resident and to simplify parking decisions • Renewal Incentives: • Residents who re-load after using their initial $50 can purchase the next $50 worth of parking for $25 (first re-load only— remaining at cost) • Demonstrates commitment to resident affordability To encourage longer stays and improved turnover management through pricing, the Parking Management Office is recommending progressive pricing to support both turnover and revenue growth while keeping short visits affordable. • Additional Recommendations: • Eliminate the $3 after 5pm resident discount • Eliminate the 3-hour on-street parking maximum • Increase unreserved Monthly parking rates from $60 to $100 • Increase reserved Monthly parking rates from $100 to $150 • Increase Seasonal Lot Permit from $70 to $100 and eliminate the current discount on the 2nd permit purchase • Anticipated Impacts: • Increased turnover in prime oceanfront spaces • Revenue growth from updated rate structure and participation to cover capital maintenance and operational needs • Operational insight through data tracking and voucher analytics • Improved resident satisfaction through digital access and convenience Each proposed change would begin April 1, 2026, with registration for the Resident Program to begin in early 2026. ■ Considerations: The Parking Enterprise Fund is a self-supporting fund. Parking revenues must generate sufficient revenue to support operations. No revenue from parking revenues supports the General Fund. Revenue generated is used for operating, cleaning, and maintaining the parking program and facilities. In order to effectively manage this program, the Department of Public Works is requesting one additional FTE within the Parking Enterprise Fund. Sufficient funds are available for the remainder of FY 2025-26 for the position within the Fund, and if approved, it will be included in the FY 2026-27 Proposed Budget. The elimination of the three-hour on-street maximum requires the repeal of City Code 21- 323. Additionally, to make more clear flexibility in payment methods, an amendment of 21-322 provides additional discretion for the collection by commercially acceptable methods. ■ Public Information: Normal City Council agenda process and informational briefings on February 18, July 1, and November 25, 2025. ■ Attachments: Ordinances (2) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:ftl�' 1 AN ORDINANCE TO AMEND SECTION 21-322 2 AND REPEAL SECTION 21-323 OF THE CITY 3 CODE PERTAINING TO METERED PARKING 4 5 SECTION AMENDED: § 21-322 6 SECTION REPEALED: § 21-323 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-322 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained and Section 21-323 repealed to read as follows: 13 14 Sec. 21-322. Deposit of coin required; exemption for senior citizens; overtime 15 parking generally. 16 17 (a) When any vehicle shall be parked in any parking meter space designated as 18 provided in this division, the operator of such vehicle shall, upon entering such 19 space, immediately deposit, or cause to be deposited, one or more coins of the 20 United States of America in the parking meter adjacent thereto, and such space 21 may then be lawfully occupied by such vehicle during the period of parking time 22 calculated at an hourly rate in an amount to be determined by the city manager or 23 his designee, REA to exEeed, howeveF, the maximum time pFeSGFibed by sec-fieR 24 21 423. If such vehicle shall remain in such parking space beyond the period of 25 parking time calculated at an hourly rate in an amount to be determined by the city 26 manager or his designee, the parking meter shall display a sign or signal showing 27 illegal parking, in which event, the vehicle parked in such parking space shall be 28 considered as parked overtime and beyond the period of legal parking time. 29 30 (b) Notwithstanding the provisions of subsection (a) above, the City Manager or his 31 designee may issue a parking permit to any citizen of the City who is sixty-five (65) 32 years of age or older, which will allow the permittee to park in metered spaces in 33 the area commonly known as Rudee Inlet Loop Wayside without depositing a coin 34 or coins. 35 36 (c) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to 37 be parked overtime or beyond the period of legal parking time established for any 38 parking space provided for in this division. It shall likewise be unlawful for any 39 person to permit a vehicle to remain or to be parked in any parking space adjacent 40 to any parking meter installed pursuant to the provisions of this Division while such 41 meter is displaying a signal indicating that the vehicle occupying such parking 42 space has already been parked beyond the period of time prescribed for such 43 parking space. 44 45 (d) For purposes of this section, "coins" shall include all commercially acceptable 46 methods of payment. 47 48 . . . . 49 Sec. 21-323. Reserved. Parking for more than rthroe��rsinTetered spa 50 exemption for senior ri+izenc 51 52 Notwithstanding aRy other pmvisieRS ef this DiViSiGR, and whether or RE)t Gains 53 have been deposited in a parking meter, no person shall park a vehiGle in aRy pa*4g 54 spaGe M a paFking meter ZGRe established by this _MiV4S*A_MA fE)F 1E)Rger than three (3) hours 55 at any ene time. The three hour limit shall Ret apply to any Gitizen ef the Gity whe is sixty 56 57 known as Rudee !Rlet Wayside Loop and whe has been issued and displays a permi 58 eb a+.Pd deFthe provisionsOfSeE#+e 21 3 �. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6j�o' F_ 10'12111� Public Works City Atto ey's Office CA17068 R-1 November 26, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: December 9, 2025 ■ Background: In 2001, the City Council enacted a traffic calming program to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets is punishable by a fine of$200. ■ Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of Council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Timberlake Drive in the Bellamy Manor Estates neighborhood. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance; map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager'eK, 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road;Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase, 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. 72 Effective as of December 10, 2024: 73 (1) Ocean Lakes/Culver Acres: Culver Lane. 74 Effective as of August 12, 2025: 75 (1) Avalon Terrace: Avalon Avenue. 76 Effective as of December 9 2025: 77 (1) Bellamy Manor Estates: Timberlake Drive. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2025. i APPRO AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Police D partment City Attor6ey'6 Office APPROVED AS TO CONTENT: Public Works I CA17013 R-1 November 24, 2025 RZ ffi-Willooll 0%. of ! � • � PS v LAW ♦ �► � � '�"� � � „�� ��► ,i P � f✓ r► RIP OW I LIM WE LOCATION MAP r .a . � +a,► © '� � . ��.�I�` � � '�' ,��® Vic► c.� �� . � �► � ,�� • TRAFFIC CALMING Nu'eEj� <' s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Eliminate the Loan Repayment Obligation of Individual Rescue Squads for Loans Provided Prior to November 2024 MEETING DATE: December 9, 2025 ■ Background: The City of Virginia Beach has historically, at the request of individual recipients, aided Volunteer Rescue Squads with financial support in the delivery of Emergency Medical Services (EMS). The primary focus of this financial support is to provide interest free loans to purchase capital equipment including new ambulances with annual repayment occurring across multiple fiscal years through annual donation revenue. Due to the rising cost of delivering services combined with a decline in volunteer squad donation revenue, the City dedicated 30% or $4.2 million of the FY 2025-26 estimated revenue associated with compassionate billing for EMS services to the Virginia Beach Rescue Council for disbursement to the individual rescue squads. On September 17, 2025 the Virginia Beach Rescue Council passed a resolution requesting the EMS Chief to pursue a financial plan to maximize the utilization of dedicated compassionate billing funds for the needs of fleet vehicles. The proposed financial plan includes efforts to maximize resources through fleet standardization with the goal of lowering maintenance cost, utilizing the annual dedication to support and secure future loans in partnership with the City of Virginia Beach, and to seek forgiveness for loan balances with an origin date before November 14, 2024. ■ Considerations: The total remaining balance of these loans total $1,031,236.63 with a current year combined payment from various rescue squads totaling $369,724. Forgiving the loan payment will reduce the anticipated repayment into the City's General Fund having small impact on the balance of that fund but will not result in the fund balance percentage being less than the 8-12% policy. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance, Rescue Squad Adopted Resolution Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: 1 AN ORDINANCE TO ELIMINATE THE LOAN REPAYMENT 2 OBLIGATION OF INDIVIDUAL RESCUE SQUADS FOR 3 LOANS PROVIDED PRIOR TO NOVEMBER 2024 4 5 WHEREAS, the City of Virginia Beach has historically, at the request of individual 6 recipients, aided Volunteer Rescue Squads with financial support in the delivery of 7 Emergency Medical Services (EMS); 8 9 WHEREAS, one of the primary forms of support is to provide interest free loans to 10 purchase capital equipment with annual repayment occurring across multiple fiscal years 11 through annual donation revenue provided to the squads; 12 13 WHEREAS, due to the rising cost of delivering services combined with a decline 14 in volunteer squad donation revenue, the City dedicated 30% or $4.2 million of the FY 15 2025-26 estimated revenue associated with compassionate billing for EMS services to 16 the Virginia Beach Rescue Council for disbursement to the individual rescue squads, 17 18 WHEREAS, on September 17, 2025 the Virginia Beach Rescue Council passed a 19 resolution requesting the EMS Chief to pursue a financial plan to maximize the utilization 20 of dedicated compassionate billing funds for the needs of fleet vehicles; 21 22 WHEREAS, the proposed financial plan includes efforts to maximize resources 23 through fleet standardization with the goal of lowering maintenance cost, utilizing the 24 annual dedication to support and secure future loans in partnership with the City, and 25 seek forgiveness loan balances with an origin date before November 14, 2024; 26 27 WHEREAS, the total remaining balance of these loans totals $1,031,236.63 with 28 a current year combined payment from various rescue squads totaling $369,724; and 29 30 WHEREAS, forgiving the loan payment will reduce the anticipated repayment into 31 the City's General Fund having small impact on the fund balance; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA, THAT: 35 36 1) The combined loan repayment amount of $369,724 due in FY 2025-26 with 37 future year repayment obligations totaling $661,513 is hereby forgiven for the 38 following rescue squads: 39 a. Ocean Park Volunteer Rescue Squad in the amount of $35,000 for a 40 loan originating on 11/15/2016 to purchase two new ambulances and 41 related gear; 42 b. Chesapeake Beach Volunteer Rescue Squad in the amount of$40,792 43 for a loan originating on 9/15/2019 to purchase one new ambulance; 44 c. Kempsville Volunteer Rescue Squad in the amount of$30,000 for a loan 45 originating on 9/15/2019 to purchase one new ambulance; 46 d. Princess Anne Courthouse Volunteer Rescue Squad in the amount of 47 $18,000 for a loan originating on 10/10/2020 to purchase one new 48 ambulance; 1 e. Plaza Volunteer Rescue Squad in the amount of $19,400 for a loan 2 originating on 5/27/2021 to purchase one new ambulance; 3 f. Virginia Beach Volunteer Rescue Squad in the amount of$88,400 for a 4 loan originating on 12/7/2021 to purchase two new ambulances; 5 g. Virginia Beach Volunteer Rescue Squad in the amount of $182,800 for 6 a loan originating on 12/7/2021 to purchase two new ambulances; 7 h. Ocean Park Volunteer Rescue Squad in the amount of $137,645 for a 8 loan originating on 8/9/2022 to purchase two new ambulances; and 9 i. Virginia Beach Volunteer Rescue Squad in the amount of $479,200 for 10 a loan originating on 9/19/2023 to purchase two new ambulances. 11 12 2) The City Manager is hereby directed to utilize annual capacity of the EMS Cost 13 Recovery Special Revenue Fund as the first form of repayment to the General 14 Fund. Should capacity not exist to cover the balance owed that fiscal year then 15 the residual should be absorbed by the General Fund as a part of the year end 16 close out process. 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: Budget and Management Services orney's Office CA17003 R-1 November 4, 2025 VOLUNTEER EMS SQUADS I&RESCUE V C 0 U N C I L s Council of Virginia Beach Volunteer Rescue Squads, Inc: -. (Hereinafter referred to as the Rescue Council ) &- Resolution on Loan Forgiveness and Standardization of Ambulances Adopted September 17,2025 To: EMS Chief Jason Stroud Virginia Beach Department of EMS WHEREAS,the Rescue Council serves as the representative body of the volunteer rescue squads within the City of Virginia Beach;and WHEREAS,the Rescue Council recognizes the importance of fiscal responsibility and accountability in the management of resources, particularly those related to compassionate billing funds; and WHEREAS, at its duly convened monthly meeting on September 17,2025,the Rescue Council unanimously adopted a motion regarding two critical matters of financial and operational stewardship; NOW,THEREFORE, BE IT RESOLVED,that the Rescue Council advises the EMS Chief to pursue the forgiveness of all no-interest ambulance loans issued before the initiation of discussions on billing;and BE IT FURTHER RESOLVED,that the Rescue Council affirms its commitment to collaborate with the Virginia Beach Department of EMS through a joint committee effort to pursue the standardization of ambulances across the volunteer system, recognizing the potential benefits of group purchasing,equipment standardization,and long-term cost savings; and BE IT FINALLY RESOLVED,that the Rescue Council reiterates its dedication to being good stewards of the compassionate billing funds provided to each organization,working collaboratively to ensure efficiency, equity, and sustainability in service to the citizens of Virginia Beach. Adopted unanimously by the Rescue Council on September 17, 2025. Respectfully submitted, Michael McCracken, President Council of Virginia Beach Volunteer Rescue Squads, Inc. 4160 Virginia Beach Blvd Virginia Beach, VA 23452 T: 757-729-5642 i j}I rl,U nf1,�1 t i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Formally Adopting the 2025 Disaster Recovery Plan MEETING DATE: December 9, 2025 ■ Background: To further improve the City of Virginia Beach's resiliency towards g p Y 9 Y disasters and to comply with federal requirements, the Department of Emergency Management developed the City of Virginia Beach's first comprehensive Disaster Recovery Plan. The Disaster Recovery Plan supplements the adopted 2024 Emergency Operations Plan. It provides a clear and concise framework for how the City will effectively manage the timely restoration of essential services following a disaster, or similar i catastrophic event, to help ensure the City can effectively respond to the community's needs and coordinate disaster assistance. The plan serves as both a planning and an operations-based framework that gives organizations involved in recovery the operational guidance and resources to help the City's communities recuperate from emergencies that cause significant impacts to infrastructure, housing, the economy, or their health, social, cultural, historical, and environmental frameworks. The plan provides the structure for coordinating across departments and with external support from local, state, and federal government agencies, including non-governmental organizations. The Disaster Recovery Plan ensures the City has a mechanism to manage state, federal, and non-governmental disaster assistance and that the City meets key components of the National Planning Framework and the National Preparedness goal which include: 1. Pre-Disaster: a. Provide a scalable framework that can be used to guide planning and preparedness activities to assist communities in rebuilding after a disaster, thus improving the community's ability to recover from future disasters. b. Establish guidance to ensure recovery operations are coordinated across the city and with other government agencies. 2. Post-Disaster: a. Return populations, infrastructure, and natural and cultural resources to pre-disaster or better conditions as quickly as possible following a disaster. 3. Annual review with a comprehensive update that includes City Council re-adoption on a four-year cycle. 4. Scalable frameworks and processes that are applicable to any disaster, regardless of scope, size, or classification (e.g., presidentially declared disaster). a. This flexibility ensures that once adopted, the plan can support the City's communities no matter what future events arise. ■ Considerations: The Disaster Recovery Plan is applicable to the Focused Action Plan Initiative "Invigorate 3.19: strengthen emergency management preparedness against natural disasters and threats being sure to engage in community outreach activities to educate residents on the importance of emergency preparedness." Additionally, if the City Council elects to not adopt the Disaster Recovery Plan, a delay may cause the City to fall out of compliance with federal disaster assistance requirements, which in turn may adversely impact federal funding. • Public Information: Normal Council Agenda Process. • Attachments: Resolution, Disaster Recovery Plan Recommended Action: Approval Submitting Department/Agency: Emergency Management City Manager:Ap 1 A RESOLUTION FORMALLY ADOPTING THE 2025 2 DISASTER RECOVERY PLAN 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 WHEREAS, the Department of Emergency Management has developed the City 8 of Virginia Beach's first comprehensive Disaster Recovery Plan; and 9 10 WHEREAS, the Disaster Recovery Plan supplements the adopted 2024 11 Emergency Operations Plan, which guides emergency operations and response 12 activities; and 13 14 WHEREAS, the Disaster Recovery Plan ensures the City has a mechanism to 15 manage state, federal, and non-governmental disaster assistance and that the City meets 16 key components of the National Planning Framework and the National Preparedness 17 goal. 18 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City of Virginia Beach hereby formally adopts the City of Virginia Beach's 22 Disaster Recovery Plan, attached hereto as Exhibit A. 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: Emer a nagement _ City A orney's Office Sl CA17066 R-1 November 21, 2025 �/ B City of Virginia Beach Disaster Recovery Plan October 2025 This page is intentionally blank. VIRGINIA BEACH DISASTER RECOVERY PLAN Record of Changes Submit recommended changes to this document to the Department of Emergency Management at vboem@vbgov.com.. TABLE 1 DISASTER RECOVERY PLAN RECORD OF CHANGES Section Change and/or Description Date of Posted By Number Number 2025 Initial publication of Version All Plan (Month) 2025 D. Topczynski 1.0 iii October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN This page is intentionally blank. iv October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Record of Distribution The City of Virginia Beach Disaster Recovery Plan will be distributed to executive leadership and key personnel within the City and to others as deemed appropriate. Requests for additional copies of this plan or notification of updates should be directed to the Department of Emergency Management (vboem@vbgov.com). Date Office/Department Representative Signature v October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Introduction The City of Virginia Beach (city) is located in the southeast corner of Virginia about 209 miles south of Washington, DC and about 107 miles southeast of Richmond. The city is vulnerable to a wide range of natural and human caused hazards, including hurricanes and tropical storms, snowstorms, flooding, tornadoes, storm surge, explosions, and wildfires. The hazard that has gained the most recent publicity is sea level rise, in addition to hazards and events related to flooding. These hazards threaten the life and safety of city residents and have the potential to damage or destroy both public and private property, disrupt the local economy, and affect the overall quality of life of individuals who live, work, and vacation in the community. The City of Virginia Beach Disaster Recovery Plan (DRP) is the procedural framework for how the city will effectively manage the timely restoration of essential services following a disaster or catastrophic event. Recovery initiatives are the activities that take place during and after the disaster response phase of emergency operations. Recovery involves meeting both the short- term and long-term needs of the community. Much of the support for effectively responding to the community's needs and implementing recover tasks involves the coordination and administration of federal and state disaster assistance. This document should be applicable to any disaster, regardless of scope, size, or classification (e.g., presidentially declared disaster), but should also be scaled appropriately. Recovery Vision Statement After a disaster,the City of Virginia Beach will maintain local primacy/control over post- disaster recovery operations. Abiding by our core values and utilizing the Disaster Recovery Framework to establish an effective recovery program, we intend to partner with the whole community to restore community functioning, rebuild lives, revitalize impacted areas as needed, and achieve self-sufficiency, sustainability, and resilience for the City of Virginia Beach, its residents, and businesses in the long term. 1 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Purpose This Recovery Plan provides the framework for the City of Virginia Beach to coordinate internally and with local, state, and federal government agencies, including non-governmental organizations to manage recovery from the long-term consequences of a disaster. Recovery is a key part of the National Planning Framework and is one of the five mission areas (Prevention, Protection, Mitigation, Response, and Recovery) that work together to achieve the National Preparedness Goal. The purpose of the Recovery Plan is to: 1. Pre-Disaster: a. Provide a scalable framework that can be used to assist communities in rebuilding after a disaster, thus improving the community's ability to recover from future disasters. b. Establish guidance to ensure recovery operations are coordinated across the city and with other government agencies. 2. Post-Disaster a. Return populations, infrastructure, and natural and cultural resources to pre- disaster or better conditions as quickly as possible following a disaster. The Recovery Plan is both a planning and an operations-based document that provides guidance for the short, and long-term aspects of recovery from a major disaster. This plan provides organizations involved in recovery with resources and operational guidance to recover from emergencies causing a significant impact to infrastructure, housing,the economy,and the health, social, cultural, historical, and environmental framework of the community. This plan outlines activities and organization to promote the whole community's recovery from any incident. Note: The DRP is designed to supplement the City of Virginia Beach Emergency Operations Plan (EOP). This plan is not intended to replace or supersede the EOP, nor is it intended to guide emergency operations or response activities identified in the EOP. Scope This plan provides guidance to the City of Virginia Beach's Department of Emergency Management (DEM), in partnership with the Virginia Department of Emergency Management (VDEM), the Federal Emergency Management Agency (FEMA), and other partners in the public, private, and non-profit sectors, following major and catastrophic disasters. It provides key tasks for lead agencies and organizations, and for coordinating or supporting agencies helping in 2 October 2025 A VIRGINIA BEACH DISASTER RECOVERY PLAN disaster recovery. This plan should be used as a guiding document during the recovery phase of an incident and includes considerations for preparedness actions to support that recovery. The Recovery Plan is not a tactical plan or field manual. By focusing on strategic levels, this plan provides a flexible and scalable framework for the City that provides decision-making tools to support recovery operations during the pressure and stress of managing significant incidents. 3 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Planning Assumptions • The incident may cause extensive damage, resulting in disruption to normal life support systems and economic, physical, and social infrastructures. • Infrastructure systems, including public and private utilities, may be severely affected in the impacted communities. • The city has adopted the National Incident Management System (NIMS) and its response and recovery model for daily emergency operations through disaster response and recovery operations. • It is the responsibility of officials under this plan to save lives, protect property, relieve human suffering, sustain survivors, repair essential facilities, restore services, and protect the environment. • Recovery is split into phases (i.e., short-term, intermediate, and long-term). • Community recovery is a shared process among the local government, state, and federal governments; the business community; and non-profit entities including faith-based organizations (FBOs), community-based organizations (CBOs), utilities, the public, the private sector, philanthropic funders, and other regional organizations. • During the recovery phase, some or all of this plan may be activated. • Some incidents may have an immediate high impact on the community; therefore, the activation of this plan may be required with little preparation and minimal notice. • Plan implementation and decision-making policies will be based on disaster impacts, resources, and needs. • An effective recovery may exceed the normal capabilities of the community. • The Commonwealth of Virginia possesses expertise and resources including specific plans and procedures that may be utilized in relieving emergency or disaster related problems that are beyond the capacity of the city. • Should city and state resources prove inadequate to cope with disaster demands, the Governor will request federal assistance under a presidential disaster declaration. • Federal and state disaster assistance, when provided, will supplement, not substitute for, relief provided by the city. • Mutual aid assistance, pre-positioned contracts, mutual aid agreements (MAAs), emergency procurements, and resources may be activated. • Volunteer Organizations Active in Disasters (VOAD) member organizations may implement their own disaster relief programs. • Depending on the disaster, the city may not be eligible for a major disaster declaration. • Recovery operations for a major disaster declaration may differ from recovery operations for a disaster that has not been designated with a major disaster declaration. • Long-term recovery resources for a low-attention disaster may differ from long-term recovery resources for a widely publicized disaster. • A major disaster declaration does not guarantee that the city will receive individual assistance (IA), public assistance (PA), or any other type of federal assistance. 4 October 2025 zi VIRGINIA BEACH DISASTER RECOVERY PLAN • The size and scope of the incident will determine which programs and partners will be involved (e.g., federal assistance). • During recovery to an incident, members of the recovery task force, as well as other community stakeholders, will use post-disaster rebuilding as an opportunity to rethink, redesign, and update infrastructure and will take opportunities to implement other creative solutions to community planning, capacity building, and resiliency, while abiding by local, state, or federal requirements. • The EOP and other emergency plans, may be implemented prior to, or concurrent with, activation and implementation of this plan to ensure that emergency response is conducted, and essential services are provided to the highest degree possible. 5 October 2025 ' VIRGINIA BEACH DISASTER RECOVERY PLAN Planning Process The development of the City of Virginia Beach's Disaster Recovery Plan (DRP) was led by the Department of Emergency Management (DEM) over the period of June 2024 through September 2025. Discussions from internal and external meetings were used by DEM to develop a general overview of recovery planning goals, along with after action reports (AAR) and lessons from individuals deployed to incidents across the country. These conversations helped to determine who needed to be involved in the recovery planning process and to set up the roles of committee members. INTEGRATION WITH OTHER PLANS AND FRAMEWORKS The City of Virginia Beach conducts its hazard mitigation planning regionally through the Hampton Roads Hazard Mitigation Plan. The most recent plan was completed in 2022. Mitigation actions continue to be completed and implemented across the city to reduce the overall risk of hazards for our residents, guests, and properties. These planning efforts,to lower overall risk and help avoid damage in a disaster, represent the city's sustained efforts to incorporate hazard mitigation principles and practices into the routine government activities and functions of the City of Virginia Beach. The City of Virginia Beach will incorporate resiliency efforts in relevant plans as appropriate. As described in the NDRF, recovery efforts should address other areas important to a community's vitality, such as economic development. 6 October 2025 �•''1"'' VIRGINIA BEACH DISASTER RECOVERY PLAN Goals and Objectives This plan provides a flexible and scalable framework for organization and decision making before, during, and after any incident that causes a significant impact (disruption) to infrastructure, housing, the economy, or the health, social, cultural, historical, and environmental framework of the community. The DRP offers different potential options for implementation, depending on the scope and scale of an incident. The DRP also provides tactical tools for the implementation of recovery programs following emergencies.The primary goal is to provide the city with a tool to help guide recovery throughout the entire recovery process. This section establishes overarching recovery goals and objectives that create the baseline for strategies the City of Virginia Beach should consider executing in the short-term, intermediate, and long-term phases of recovery. There is no specific time or order in which these strategies should be considered. Emergency Management should enact them as appropriate to the situation. PRE-DISASTER GOALS TABLE 2 PRE-DISASTER GOALS AND DESCRIPTION Goal Description • Establish and maintain an inventory of critical capabilities, assets, and resources. • Identify appropriate legal authorities,triggers, and safeguards to ensure critical governmental functions can be executed with maximum efficiency. Be Proactive and Prepared • Educate elected officials and policy makers on priorities and decision-making processes to support allocation of resources. • Pre-identify resources, providers, and restoration and reconstruction priorities. • Identify codes and ordinances relevant to recovery. Uncover gaps or needs in ordinances, if applicable. • Individuals and organizations with limited preparedness, income, and/or capital reserves prior to a disaster will be the Focus on Fairness most vulnerable after a disaster. • The city intends to fairly and transparently resolve competing interests among diverse community organizations and areas. 7 October 2025 —� VIRGINIA BEACH DISASTER RECOVERY PLAN • Establish and maintain an understanding of federal and state Ensure Sufficient Financial recovery funding resources. Reserves • Explore the availability of sufficient financial resources (ex. Budgeted reserves)for recovery operations. • To ensure legitimacy of prioritization, resource allocation, and Build on Existing Plans and program management, the pre-and post-disaster decision Asset Prioritization making will be based on existing plans and policies whenever possibles. Leverage Existing Relationships • Establish relationships with public and private stakeholders who with Private and Non-profit are key to the recovery process. Partners • Attend and engage with appropriate non-profit organizations such as Southeastern VOADs. Coordinate with Other Local • Ensure coordination with neighboring jurisdictions to help Areas establish best practices as well as enhance regional coordination during large incidents affecting more than one locality. POST-DISASTER GOALS TABLE 3 POST-DISASTER GOALS AND DESCRIPTION Goal Description • Restoration and reconstruction of public facilities that maintain community lifelines and basic public services will be prioritized. • Types of infrastructure that may be prioritized include: Sustain Community o Food Lifelines and Restore o Watero Power Infrastructure and o Wastewater and sewage Private Facilities o Transportation o Fuel o Communications systems (IT/telecom) o Solid waste removal • The city, in partnership with private and non-profit partners when Social and Human available, will work to provide and/or restore basic services needed to Services, Public Safety, sustain the community. and Health Services 8 October 2025 x +'a VIRGINIA BEACH DISASTER RECOVERY PLAN Provide Effective ' Establish effective, flexible, scalable, and responsive command and Command and coordination. Coordination • Prioritize basic life-safety, incident stabilization, and immediate property protection issues during initial response and recovery operations. Maximize Funding • Leverage state and federal recovery technical and financial assistance as Opportunities well as identify and pursue additional sources of recovery funding and financing. • The city will strive to communicate useful, practical, relevant, accurate, Effective and timely information regarding services and resources to impacted Communication communities and residents. • Public communication should be coordinated with regional partners, state, and federal government when applicable. • Conduct damage assessments to determine if affected homes are Provide and/or Ensure habitable. Quality Housing . Coordinate and identify housing needs or gaps for individuals in affected area. Promote Mitigation • The city will defer to existing plans such as the Regional Hazard Mitigation and Foster Resilient Plan, Comprehensive Plan, and Floodplain Management ordinance to Redevelopment and reduce community vulnerability and foster more resilient land use Construction patterns. • The private sector will play a critical role in maintaining public confidence after a disaster. Maintenance and/or restoration of the economic base is Maintain and Enhance vital to the local economic health. the City's Economic . Businesses and employers will have varying levels of operational Base of Tourism capability after a disaster. • Partnerships with the Small Business Administration and local economic groups should be utilized to help business recovery. 9 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN RECOVERY OBJECTIVES The following objectives are intended to provide overall guidance regarding prioritization of actions and investments undertaken to recover from disasters. The objectives are not specific to actual pieces of infrastructure, resource allocation, or policy development. They are intended to help guide real-world decisions in the wake of a disaster and are directly aligned with the National Preparedness Goal. • Planning: Engage the whole community in the development of executable strategic, operational, community-based approaches to meet defined objectives. • Economic Recovery: Return economic and business activities, including food and agriculture,to a healthy state, and develop new business and employment opportunities that will result in a sustainable and economically viable community. • Health and Social Services: Restore and improve health and social services networks and promote the resilience, independence, health (including behavioral health), and well-being of the whole community. • Housing: Implement housing solutions (short-term, intermediate, and long-term) that effectively support the needs of the whole community and contribute to its sustainability and resilience. • Infrastructure: Restore critical infrastructure functions, minimize health and safety threats, and efficiently revitalize systems and services to support a viable, resilient community. • Natural and Cultural Resources: Restore and protect natural and cultural resources and historic properties through proper planning, mitigation, response, and recovery actions. Preserve, conserve, rehabilitate, and restore resources consistent with post-disaster community priorities and best practices and in compliance with appropriate environmental and historical preservation laws and executive orders. • Community&Voluntary Organizations Active in Disasters: Restore and improve the provision of community-based, faith-based, and volunteer services to the community to meet unmet community needs created by, or exacerbated by, the disaster. 10 October 2025 VB —�+.- VIRGINIA BEACH DISASTER RECOVERY PLAN Roles and Responsibilities The primary recovery task from the onset of a disaster is assuring that all Continuity of Government (COG) procedures are in place and are carried out according to established plans. This includes having lines of succession in place for City Council members and all essential City of Virginia Beach staff(especially department heads). Recovery cannot begin in earnest without a functioning local government. LEAD EMERGENCY MANAGEMENT ROLES City Manager The Commonwealth of Virginia Emergency Services Disaster Law of 2000, as amended, and the Code of the City of Virginia Beach designate the City Manager as the "Director of Emergency Management." The Director of Emergency Management, or designee, is responsible for organizing emergency management and directing emergency operations through the regularly constituted government structure, and using equipment, supplies, and facilities of existing departments and organizations of the City to the maximum extent practicable. Hereafter the Director of Emergency Management will be referenced as the "City Manager." During recovery operations the City Manager, or designee, is authorized to: • Direct activation of the City's Continuity Plan, as necessary, to maintain essential City operations. • Organize and direct recovery operation through the regularly constituted City government using equipment, supplies, and facilities of existing departments and organizations to the maximum extent practicable. • Authorize mutual aid or reciprocal assistance agreements with other public and private agencies within the Commonwealth, other States, or localities within other States, as necessary. • The City Manager, in conjunction with the Emergency Management Coordinator, will direct and control emergency recovery operations in times of emergency, and issue directives to other services and organizations concerning disaster preparedness. When a local emergency is declared, the City Manager, or designee, is authorized to: • Control, restrict, allocate, or regulate the use, sale production, and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resource systems that do not impact systems affecting adjoining political subdivisions. 11 October 2025 ri.. ,�..- VIRGINIA BEACH DISASTER RECOVERY PLAN • Enter into contracts and incur obligations on behalf of the City necessary to combat such threatened or actual incident, protect the health and safety of persons or property, and provide emergency assistance to survivors of such incidents. • In exercising these powers, proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work; entering to contracts, incurring obligations, employing temporary workers, renting equipment, purchasing supplies and materials, and expending public funds, provided such funds in excess of appropriations in the current approved budget are unobligated and available. The City Manager will delegate authority to specific individuals in the event they are unavailable or otherwise delegate their authority. To ensure continuity of emergency operations, in a situation where the City Manager is unavailable and authorities have not been otherwise delegated, these authorities are delegated to the Emergency Management Coordinator, as applicable, to ensure continuity of emergency operations until the City Manager becomes available or can otherwise formally delegate their authority. Emergency Management Coordinator (Director of VBEM) The Virginia Beach Department of Emergency Management (DEM) Director is appointed by the City Manager to serve as the Emergency Management Coordinator, responsible for activating staff, managing the EOC, and to carrying out other tasks as designated by the City Manager. Hereafter, the Director of DEM will be referenced as the "Emergency Management Coordinator." During recovery operations the Emergency Management Coordinator, or designee, is authorized to: • Develop, coordinate, and maintain the Disaster Recovery Plan. • Assess the need for a separate recovery organization based on the impacts of the incident, in collaboration with other relevant departments. • Activate the Disaster Recovery Plan to the appropriate level necessary to perform recovery operation activities. • Coordinates with State, Federal authorities, and other political subdivisions to ensure the maximum available support for recovery and assistance of persons and businesses in the aftermath of an incident. • Coordinates damage assessment activities within the City and submission of required reports to VDEM. • Works with the City Council, City Manager, and appropriate departments to ensure requirements for infrastructure replacement are consistent with current best practices to maximize assistance from the Federal government if public facilities must be reconstructed or replaced in the aftermath of an incident. 12 October 2025 '-��'•�� VIRGINIA BEACH DISASTER RECOVERY PLAN The Emergency Management Coordinator may designate Deputy Coordinator(s) who shall be responsible to them and shall carry out such tasks as designated by the Director and/or Coordinator. OTHER LOCAL GOVERNMENT Mayor • Receives regular situation status updates from the City Manager, or designee and is briefed as appropriate on policy issues related to recovery operations. • Coordinates with other elected officials at the local, regional and state level, including the Congressional Delegation, and Governor. City Council • Adopts the City's Disaster Recovery Plan. • Establishes policy and provides guidance to the Mayor and Management Leadership Team. • Receives regular situation status updates from the City Manager and is briefed as appropriate on policy issues related to recovery operations. • Hosts community meetings to ensure needs are addressed and information is provided to residents. • Promulgates the codes, regulations, and ordinances of the City, and provides the funds required to implement and enforce an effective recovery program. City Departments and Organizations City department heads are responsible for managing their departments and organizations on a day-to-day basis in accordance with the authority granted to them by the City Council, Mayor, City Manager, or Commonwealth law. In the event of a significant emergency, they will be expected,to the extent possible, to carry out their day-to-day duties as well as those outlined in the Disaster Recovery Plan and supporting annexes. The city code directs the officers and personnel of all city departments, offices, and agencies to cooperate with and extend any services and facilities to the City Manager, or designee, upon request. The general emergency recovery responsibilities of all City government organizations and non- government organizations include: • Perform assigned roles and responsibilities identified in this plan and in the EOC Operations Handbook. 13 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN • Implement Disaster Recovery Plan concepts, processes, and structures when carrying out assigned roles and functional responsibilities. • Conduct planning and preparedness activities designed to prepare department staff to accomplish assigned recovery responsibilities. • Familiarize and train all personnel with their emergency recovery responsibilities and procedures on a regular basis. • Conduct and participate in planning and training in cooperation with DEM and other primary and support agencies. • Maintain financial records in accordance with guidance from the Finance Department, DEM, and other applicable city, state, or federal procedures. Other responsibilities may be assigned to departments during disaster recovery operations based on the impact, scope, and needs of the incident. 14 October 2025 �v VIRGINIA BEACH DISASTER RECOVERY PLAN Concept of Operations - Part I Definitions and Coordination RECOVERY PHASES Recovery is typically divided into three phases: short-term, intermediate, and long-term recovery. The community as a whole and different functional areas of recovery may advance through the recovery phases simultaneously or at different paces. As a result, this plan may be activated fully or partially, and different functional areas may be activated or demobilized according to need. TABLE 4 COMPARISON OF RECOVERY PHASES AND GENERAL ACTIVITIES Phase Description Timeframe Activity Short-Term Return vital life-support Days to . Determine the status of systems and critical weeks lifelines. infrastructure to minimum . Take stop gap actions to operations. stabilize lifelines. • Determine the extent of damage or impacts. Intermediate Return individuals, families, Weeks to • Temporary actions to provide infrastructure, and months a bridge to permanent essential government or measures. commercial services to a functional, not necessarily pre-disaster, state. Long-Term Rebuilding or relocating • Months to • Permanent reconstruction, damaged or destroyed Years revitalization, and/or social, economic, natural, repurposing of the impacted and built environments area. towards self-sufficiency, 15 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN sustainability, and resilience to future disasters. 16 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Concept of Operations - Part II Organization RECOVERY MANAGEMENT STRUCTURE There are five different entities that can be used to manage recovery operations based on the phase of the recovery process. The five entities include: • Recovery Subcommittee (Pre-Disaster) • Recovery Support Functions (Short-term, Intermediate, and Long-term Recovery) • Recovery Unit and Task Force (Short-term Recovery) • Recovery Branch and Financial Recovery Unit (Intermediate Recovery) • Recovery Organization Chart (Long-term Recovery) Recovery Subcommittee The City of Virginia Beach's Recovery Subcommittee is a standing subcommittee through the Emergency Preparedness Committee (EPC). The goal of the subcommittee is to offer a coordination mechanism to oversee the recovery and reconstruction process and to serve as an advisory committee to City of Virginia Beach personnel responsible for recovery activities. Key Duties • Review and provide recommendations for uniform polices to ensure effective coordination and adherence to federal, state, and local regulations. • Conduct regular review and maintenance of the Disaster Recovery Plan • Help find mitigation opportunities and resources pre-disaster. Recovery Support Functions Recovery Support Functions (RSFs) are meant to lead the functional areas that align with the National Disaster Framework and foster a whole community approach to recovery. Each RSF is a distinct category to facilitate groupings of like-minded organizations with similar missions into a more cohesive unit. RSFs support the recovery mission by facilitating problem solving, improving access to resources, and by fostering coordination among state and federal agencies, non-governmental partners, and stakeholders. RSFs, commonly known as department representatives, are activated based on incident needs. Each RSF is led by a primary city department, organization, or agency. The primary organization could be supported by many entities depending on the objective and nature of the RSF. By nature, emergency incidents are complex and evolving, requiring flexibility amongst RSF representatives to work with other partners to restore community lifelines. At the discretion of 17 October 2025 ~� VIRGINIA BEACH DISASTER RECOVERY PLAN the Emergency Management Coordinator and/or designee,the RSFs may be assigned to the most appropriate departments to meet incident specific needs and objectives. Detailed information on specific roles and responsibilities for each RSF is available in the EOC Operations Handbook. The following chart provides a crosswalk of RSF primary agencies at the federal, state, and local level to help coordinate planning and response activities across all levels of government. 18 October 2025 '�� VIRGINIA BEACH DISASTER RECOVERY PLAN TABLE 5 RECOVERY SUPPORT FUNCTIONS FEDERAL,COMMONWEALTH,AND LOCAL LEAD AGENCIES Recovery Support Function Federal (Lead) Commonwealth (Lead) Virginia Beach Coordinating Agency' • Dept. of Homeland Security . Dept. of Emergency • Dept. of Planning & RSF 1: Community Planning P • g Y P • g and Capacity Building ' Federal Emergency Management Management Community Development Agency • Dept. of Commerce . Dept. of Emergency p g y • Dept. of Economic RSF 2: Economic Recovery • Economic Development Management Development Administration RSF 3: Health and Social ' Dept. of Health & Human Services • Dept. of Health Services • Administration for Strategic • Dept. of Behavioral & • Dept. of Human Services Preparedness & Response Developmental Services • Dept. of Housing & Community RSF 4: Housing • Dept. of Housing & Urban Development • Dept. of Housing & Development • Dept. of Emergency Neighborhood Preservation Management RSF 5: Infrastructure and . U.S. Department of Defense • Dept. of Emergency Dept. of Public Works Communications Systems U.S. Army Corps of Engineers Management RSF 6: Natural and Cultural U.S. Dept. of Emergency Resources .S. Department of the Interior • Dept. of Cultural Affairs Management RSF 7: Volunteers and . Dept. of Emergency • Office of Volunteer Donations Management Resources & Recovery 19 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN RSF 8: Financial Recovery Dept. of Finance 20 October 2025 --'•...- VIRGINIA BEACH DISASTER RECOVERY PLAN EOC Director Policy Group/MLT(or UCG/MAC Group) —'�'—""" • City Manager • Deputy City Managers + Director of Emergency Management Plo • Director of finance + Director of Budget • Director of HR • City Attorney 1K Safety Qtficer RecoveryLogisitics Recovery F Coordination Section rdinondmin Coordination o❑Section.. Chief Recovery Recoveryf4ass Recovery Public Care and Social Recover RecoveryRecovery Cast Safety Branch Infrastructure Services Situation Unit Service Branch Su Brandt Apart Branch Unit Branch Law Retouer Tr Enforcement Resource Unit ! IT Unit Transportation Recovery Time GroupUnit Keeping Unit Recovery f tiazme Gro Unit Personnel Unit Facilities Unit a ompenstaioll/ [ Firefighting/ Documentation r Claims Unit Search and Demobiliztion Li Supplies Unit Procurenient Rescue Group Unit @Init Emergency Technical Communication specialists r Group C f Medical Group 21 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Recovery Organization Chart The Recovery Organization Chart with full recovery functions would likely be activated as an incident transition into long-term recovery. This organization ensures that recovery goals and tasks are accomplished and tracked in an organized and efficient manner after response operations have ended. All positions do not need to be activated at once. The number of recovery positions will be incident dependent. Key Duties • Evaluate interim and permanent needs. • Support community repopulation in the event of displacement. • Monitor the status of FEMA Public Assistance projects within the city as applicable. Recovery Unit and Task Force The Recovery Unit and Task Force can be activated under the Planning Section of the EOC Organization Chart as incident operations transition into short-term recovery. Activation of the Recovery Unit and Task Force will allow the city to start preparing for recovery operations and identify needs while the incident begins to stabilize, and short-term recovery activities begin. Key Duties • Gather and analyze important information related to recovery operations. • Conduct meetings with relevant departments to identify recovery goals and objectives. • Begin development of the incident-specific Recovery Plan. • Identify gaps or resource needs to achieve recovery goals. Recovery Branch and Financial Recovery Unit The Recovery Branch and Financial Recovery Unit would generally be activated as an incident enters intermediate recovery operations. The Recovery Branch falls under the Operations Coordination Section Chief within the EOC Organization Chart while the Financial Recovery Unit falls under the Finance/Admin Coordination Section Chief. Key Duties • Implement the Disaster Finance Process and prepare documentation for reimbursement, if applicable. • Identify funding sources to implement and support recovery initiatives. • Coordinate and communicate with partners. • Evaluate community needs and work towards restoring critical services. 22 October 2025 05, '--•�""'""' VIRGINIA BEACH DISASTER RECOVERY PLAN Additional Support Facilities & Organizations Volunteer Organizations Active in Disasters (VOAD) Each VOAD member and partner organization specializes in a particular area of disaster operations. For example, response and/or short-term recovery VOAD members and partners will demobilize and return to their normal daily operations once the intermediate recovery phase begins, while other VOAD members and partners may transition their focus to long-term recovery. Moreover, some VOAD members and partner organizations will not begin engagement until long-term recovery period begins. It is important to note that VOAD member and partner operational capacity can vary from incident to incident based on a variety of factors, including financial donations and volunteer interest. Disaster Recovery Centers(DRCs) The City of Virginia Beach, supported by the state and federal agencies, activates, and operates Disaster Recovery Centers as needed. A Disaster Recovery Center (DRC) is a facility where relief organizations may locate staff and provide much needed programs centrally. Programs are provided as damage assessments and unmet needs are determined following a disaster. Disaster assistance programs are made available as part of the declaration process and based on need. If necessary and when large areas become impacted, one or more DRCs may be established to assist individuals. By default, libraries and parks and recreation centers have been pre-identified and surveyed by FEMA to serve as DRCs. 23 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN Concept of Operations - Part III Recovery Strategies The ultimate vision for the City of Virginia Beach is to rebuild and redevelop in a manner that addresses resiliency, sustainability, and greater prosperity to secure the city's long-term success. This vision entails actions that protect homes, businesses, and facilities damaged by identified hazards while providing a blueprint for enhanced economical development, recreation, and community services. The City of Virginia Beach will use the momentum generated during the recovery, as documented in this plan,to continue addressing resiliency into the future. This section addresses strategies Virginia Beach should consider executing in the short-term, intermediate, and long-term phases of recovery. Recovery phases can overlap with the response phase and with each other. There is no specific time or order in which these strategies should be considered. They should be enacted as appropriate to the situation. The transition from response to recovery is a gradual process,the pace and timing of which will depend on the circumstances of each individual incident. As response activities diminish, recovery activities will likely increase. If the scope of the disaster dictates a response, some level of recovery will be established to the EOC organization to manage recovery operations. 24 October 2025 -�.►- VIRGINIA BEACH DISASTER RECOVERY PLAN Plan Development and Maintenance The development, maintenance, and implementation of the City's Disaster Recovery Plan is the responsibility of the Virginia Beach Department of Emergency Management (DEM). The City's approach to recovery planning is a continuous process. DEM will coordinate planning needs by involving those agencies and individuals who have responsibility and interest in the plan, including those with medical, access and functional needs. This plan, along with the accompanying support annexes, will be reviewed and, if needed, updated, on an annual basis. This plan should undergo a revision and be brought to City Council for adoption within a year of EOP adoption. The City's Emergency Preparedness Committee (EPC) will review and assist in the development and evolution of this plan. Through the EPC, departments advise DEM of recommended changes and suggestions for improvement. Departments are responsible for the maintenance and revision of their assigned plans, with assistance from appropriate supporting agencies. SPECIAL CONSIDERATIONS During all phases of the disaster recovery plan,the City shall comply with the Americans with Disabilities Act ("ADA"). The City shall provide services in the most integrated settings appropriate for individuals with disabilities. The City of Virginia Beach recognizes the varying and special requirements of individuals that require and utilize the assistance of family members, personal assistants, and/or service animals and is committed to ensuring that the physical and mental health needs of all individuals are appropriately addressed. The City of Virginia Beach shall make modifications to policies and procedures as reasonable modifications to ensure individuals with disabilities have equal access to emergency operations services. The City of Virginia Beach is also committed to ensuring individuals with disabilities are not separated from family and assistance providers. In addition, service animals as defined by the ADA shall be permitted and individuals who utilize and bring service animals with them to a City emergency shelter shall not be separated or segregated from their service animal. The following hallmark tenets are observed in all phases of emergency management: • Self-Determination. Individuals with disabilities are the most knowledgeable about their own needs. • No "One-Size-Fits-All" Policy. Individuals with disabilities do not all require the same assistance and do not all have the same needs. Many different types of disabilities affect people in different ways. Preparations should be made for people with a variety of ft1i1t_t*U1idI needs, includi,ir, people who use mobility aids, reqUirtf inudiLdti011 Or 25 October 2025 "�►�..- VIRGINIA BEACH DISASTER RECOVERY PLAN portable medical equipment, use service animals, need information in alternate formats, or rely on a caregiver. • Equal Access. Individuals with disabilities must have the same access to benefit from emergency programs, services, and activities as people without disabilities. Emergency recovery services and programs should be designed to provide equivalent options for people with disabilities as they do for individuals without disabilities.This includes choices relating to short-term housing or other short- and long-term incident support services. • Reasonable Modifications. The City of Virginia Beach shall provide reasonable modifications as required under the ADA for individuals with disabilities to have equal access to emergency management programs, services and activities. • Inclusion. Inclusion of people with various types of disabilities in planning, training, and evaluation of programs and services will ensure that all people are given appropriate consideration during emergencies. • Integration. Emergency programs, services, and activities typically must be provided in an integrated setting. The provision of services such as sheltering, information intake for incident services, and short-term housing in integrated settings keeps people connected to their support system and caregivers and avoids the need for disparate service facilities. • Physical Access. Emergency programs, services, and activities must be provided at locations that are accessible to individuals with disabilities. Facilities typically required to be accessible include: parking, drop-off areas, entrances and exits, security screening areas, bathrooms, bathing facilities, sleeping areas, dining facilities, areas where medical care or human services are provided, and paths of travel to and from and between these areas. • Effective Communication. Individuals with disabilities must be provided effective communication and be able to receive the same information content and detail given to the general public. It must also be accessible, understandable, and timely. Auxiliary aids and services may be needed to ensure effective communication. These resources may include pen and paper; sign language interpreters through on-site or video; and interpretation aids for people who are deaf, deaf-blind, hard of hearing, or have speech impairments. People who are blind, deaf-blind, or have low vision or cognitive disabilities may need large print information or people to assist with reading and filling out forms. • No Charge. Individuals with disabilities may not be charged the costs of modifications or aids to ensure equal access. Examples of accommodations provided without charge to the individual may include ramps; cots modified to address disability-related needs; a visual alarm; grab bars; additional storage space for medical equipment; lowered counters or shelves; Braille and raised letter signage; a sign language interpreter; a message board; assistance in completing forms or documents in Braille, large print or 26 October 2025 VIRGINIA BEACH DISASTER RECOVERY PLAN audio recording. For more information on objectives for individuals with disabilities see City of Virginia Beach Emergency Operations Plan. 27 October 2025 -�•. VIRGINIA BEACH DISASTER RECOVERY PLAN Authorities Various statutory authorities, regulations and policies provide the basis for actions and activities regarding incident recovery operations. Nothing in this plan FEDERAL • Emergency Planning and Community Right-to-Know Act of 1986 (Public Law 99-499 October 1986),Title III of the Superfund Amendments and Reauthorizations Act(SARA) • The Disaster Mitigation Act of 2000, Public Law 106-390 • Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 • Homeland Security Presidential Directive 8, National Preparedness, December 2003 • Post-Katrina Emergency Management Reform Act of 2006 • Sandy Recovery Improvement Act of 2013 • National Incident Management System (NIMS), October 2017 • Disaster Recovery Reform Act (DRRA) of 2018 • National Disaster Recovery Framework (NDRF), December 2024 • Americans with Disabilities Act, as amended • Emergency Management and Assistance 44 CFR Chapter 1 COMMONWEALTH OF VIRGINIA • Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended • Commonwealth of Virginia, Office of the Governor, Executive Order One Hundred and Two (2005), Adoption of the National Incident Management System and Use of the National Preparedness Goal for Preventing, Responding to and Recovery from Crisis Events in the Commonwealth • Commonwealth of Virginia Emergency Operations Plan and Delegations of Authority (Office of the Governor Executive Order Forty-Two), October 2021 • CoVa Emergency Operations Plan Annex#2 Statewide Recovery, October 2021 LOCAL • Code of the City of Virginia Beach, Sections 2-411, 2-412, 2-413 and 2-215.2 28 October 2025 tt� � VIRGINIA BEACH DISASTER RECOVERY PLAN References • National Disaster Recovery Framework,version 3.0, December 2024 • FEMA Plans Guidance • NIMS Guides and Supporting Tools • Emergency Management Accreditation Program (EMAP) Standard, May 2022 • Commonwealth of Virginia Executive Actions • Hampton Roads Regional Hazard Mitigation Plan,June 2022 29 October 2025 I'C4 -aat.'SV7! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASHDON BUILDERS 1, LLC [Applicant & Property Owner] APPEAL of Historical Review Board decision on application Certificate of Appropriateness #25-12 to install white vinyl fencing in the North Landing Estates development (DENIED) for the properties located at 2508 - 2524 Peaceful Lane (GPINs 1494812269, 1494812282, 1494813115, 1494813037, 1494813060). COUNCIL DISTRICT 2 MEETING DATE: December 9, 2025 The applicant presented an alternative proposal to the Historical Review Board on October 15, 2025, which was approved with modifications. As such, the applicant has requested to withdraw the subject Certificate of Appropriateness appeal request. ■ Background: The Municipal Center is located within the Courthouse Historic & Cultural District, a zoning overlay established on May 12, 1969, to preserve and protect the historic, cultural, and architectural heritage of the Municipal Center and Courthouse Village. This area is significant as the seat of local governance in Virginia Beach and former Princess Anne County. Per Section 1303(a) of the Zoning Ordinance, a Certificate of Appropriateness issued by the Historical Review Board is required before any building or structure (including signs) in a Historic & Cultural District is constructed, altered, repaired, relocated, or demolished. On March 16, 2022, the Historical Review Board (HRB) approved Certificate of Appropriateness (COA) #22-03 for the demolition of four buildings on 2487 and 2489 North Landing Road to prepare for the development of a seven-lot single- family subdivision. On July 17, 2024, the HRB approved COA #24-09 for the new construction of seven single-family houses, named North Landing Estates, on a new road (Peaceful Lane) on the parcels subdivided from the former 2487-2489 North Landing Road. While the application for COA #24-09 did include a check in the Other box in the Fence section with the comment, "If installing fencing, the material will be white vinyl," the Brief Project Narrative in the application did not mention fencing, nor were supporting materials (description, product sheet, site plan with location, etc.) for the fence submitted with the application. The Staff Report and PowerPoint presentation prepared for COA #24-09 did not present a fence for HRB review. Similarly, the minutes for the June 18, 2024, HRB meeting do not note discussion City of Virginia Beach Page 2 of 4 of a fence installation, nor did the July 24, 2024, COA approval letter state approval of a fence installation for North Landing Estates. Department of Planning staff visited the North Landing Estates development on June 2, 2025, and observed that two long stretches of six-foot-tall white vinyl fencing had been installed. The developer was contacted by staff and informed that they needed to obtain a COA for the fence, as neither of the previously issued COAs for the project included approval for fence installation. The developer was also informed at that time that vinyl material is not considered appropriate for fences in the Historic and Cultural District. The developer submitted a COA application (COA #25-12) for after-the-fact consideration by the HRB for installation of two lengths of white vinyl fence in the North Landing Estates development, which was heard by the HRB on June 18, 2025. The HRB voted 5 to 0 to deny the COA based upon their determination that vinyl materials are not appropriate for fencing in the district. Via a letter to the Director of the Department of Planning dated July 18, 2025, the developer submitted a Notice of Appeal of the HRB's June 2025 denial. ■ Considerations: The Department of Planning staff member who managed COA #24-09 left City of Virginia Beach employment on September 19, 2024. There is no documentation of a discussion between staff and the applicant about the white vinyl fence noted in the file for COA #24-09. Since neither the concept plan nor the architectural elevations submitted included fencing, nor were any material information or specifications submitted for a fence, staff would not have considered the fence installation request to be a complete submittal. The proposed fence was not presented in the Staff Report for the July 17, 2024 HRB hearing, nor was it discussed by the HRB at their meeting or listed as approved in the COA letter. It is Staff's position that the fence was neither approved nor denied under COA#24- 09. In making their decision on COA application #25-12, the HRB took into account the presence of vinyl fencing in the Courthouse Historic and Cultural District. They recognized that it is present in the Courthouse Green development across North Landing Road from North Landing Estates. The COA#25-12 Staff Report informed the HRB that the Courthouse Green fence was approved in May 2011. In April 2011 , the proposed fence design and materials (unknown) were not approved, and instead, the HRB approved a wrought iron fence with brick pillars. This decision was rescinded the following month, and the vinyl fence was approved; however, the reason for the change was not clear in the meeting minutes. The current standards and guidelines were not in use at that time. The HRB considered the precedent in Courthouse Green. They determined it was most appropriate to follow their precedent set on December 15, 2021 , when they considered an application for modification of COA #20-06 related to the City of Virginia Beach Page 3 of 4 construction of a veterinary building at 2497 North Landing Road, a parcel immediately adjacent to the North Landing Estates development. The modification application proposed the installation of vinyl fencing. The HRB did not approve the vinyl fencing request, and the applicant agreed to install composite fencing, which has been completed. The Design Guidelines for Virginia Beach's Historic and Cultural Districts address vinyl fencing directly (pg. 124) under 7.1.2.3.A.c.i. — "Plastic, vinyl, barbed wire, and electrical fencing is prohibited." Vinyl fencing is generally not allowable in historic districts as it is not a good representative of historic character or aesthetic in material or design. Its synthetic material is visually incompatible with traditional historic materials. The Zoning Office has determined that a permit is required for the segment of the fence that was installed behind Lot 1, a corner lot; however, the applicant did not apply for a fence permit prior to installation. In addition, the entirety of the new vinyl fence on the west side of Peaceful Lane was installed in the right-of-way and, therefore, would require an Encroachment Agreement to be granted by the City Council. If a fence permit application or an Encroachment Agreement had been submitted prior to installation, the request would have been referred to Planning Administration for historic approval. Denial by the Historical Review Board of the COA #25-12 application was based on the use of an inappropriate material (vinyl) that is not compatible with the Historic and Cultural District. Although this material is present in the district, the proliferation of its use is not desirable and will diminish the historic character of the district. Further details pertaining to the application, Staffs evaluation, the Historical Review Board's consideration, and the applicant's appeal are provided in the attachments. ■ Recommendation: On June 18, 2025, the Historical Review Board denied the request to install a white vinyl fence in the North Landing Estates Development by a vote of 5 to 0 due to the inappropriateness of the materials. Staff recommends City Council support the Historical Review Board's decision. ■ Attachments: Letter of Appeal from Ashdon Builders, LLC, July 18, 2025 Decision Letter from the Historical Review Board, July 2, 2025 COA#24-09 Application COA#24-09 Staff Report and Disclosure Statement COA#24-09 Decision Letter Minutes of July 17, 2024 Historical Review Board Meeting City of Virginia Beach Page 4 of 4 COA #25-12 Application COA #25-12 Staff Report and Disclosure Statement COA #25-12 Decision Letter Minutes of June 18, 2025 Historical Review Board Meeting Section 1303 of the Zoning Ordinance Design Guidelines Pages 124-125 Submitting Department/Agency: Planning Department City Manager:Ap M11 SYKES, ]ROURDON, MU ARERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M.AHERN SUITE 500 R. EDWARD BOURDON.JR. VIRGINIA BEACH,VIRG3INIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 MARK R. GARRETT Jul MOLLY R. KISER Y 18 2025 KIRK B. LEVY Email: annccorkle@ sykesbourdon.corrn MICHAEL J. LEVY* HOWARD R. SYKES.JR. DAVID M.ZOBEL Via E)itail:knminrreii(/z�bgpz,.corrr &Hnnzd Deliveri ' 6MOd In Vrgw"and WeshVVWn DC Kathy Warren, Director Department of Planning&Community Development 2403 Courthouse Drive Building 3, Municipal Center Virginia Beach, Virguiia 23456 Re: NOTICE OF APPEAL of an Erroneously labeled "AFTER THE FACT" Application COA#25-12 denied by the Historic Review Board on June 18,2025 Dear Ms. Warren: This shall serve as NOTICE under Section 1303(c)(2) of the City Zoning Ordinance on behalf of Ashdon Builders, hnc. of its APPEAL of the denial on June 18, 2025 by the City's Historic Review Board ("HRB")of a City mandated new application (COA #25-12) concerning existing installed fencing consistent with Ashdon Builders' Certificate of Appropriateness (COA #24-09) which clearly and unambiguously included on page 4 of 6 of the City's Application form for a COA under Proposed Materials (i) "Cladding Siding" to which my client checked "q Other - All Hardie Plank siding in Lap, Shake and Board & Batten, with brick front accents"; (ii) "Windows" to which my client checked "� Other - Vinyl windows, already approved";and (iii) "Fence/Wall" to which my client checked "V Other-If installing fencing, the material will be white vinyl". At no point in time during the 2024 COA application review process did any City staff member or any member of the HRB ever question Ashdon Builders or express any concern whatsoever to them regarding their proposal to utilize white vinyl fencing. By contrast, scores of questions regarding the most minute details of this seven (7) lot residential development were asked of my clients who answered them completely, honestly and in good faith. Equally important is the fact that directly across North Landing Road and less than 50 yards west the Courthouse Green residential community,which I had the privilege of representing through the land use entitlement process (including before the HRB), has white vinyl fencing along North Landing Road! Me SYKES, $OURDON, AHERN&LEVY,P C. Kathy M. Warren,Director July 18,2025 21Page The following are additional citations to facts and circumstances supporting our contention that Ashdon Builders participated and followed completely and in good faith the outlined process to apply and obtain Certificate of Appropriateness approval from the HRB and in reliance thereon expended tens of thousands of dollars acquiring and constructing attractive, high quality boundary fencing for this community consistent with all mandated governmental approvals and permits. 1. Procedural failure. Please see Items A-G below. Staff and the HRB failed to follow Design Guideline procedure pursuant to the Virginia Beach Historic & Cultural District Design Guidelines. This failure led to the 2024 approval and permitted installation of fencing on the part of Ashdon Builders, Inc. with the material and color stated on their application for COA #24-09. Subsequent to the complete installation of the perimeter fencing, City staff informed Ashdon Builders that the HRB did not approve the installed material type or color. The material type used was that which was stated on the COA application Ashdon Builders submitted and that the HRB approved at the 7/17/2024 HRB meeting. At the HRB hearing on June 18, 2025, staff did not provide the 2024 COA application which Ashdon Builders submitted for review by the HRB - only the staff report summarizing the application form contents which omitted the fence material type and color request. 2. Precedent within the District. Please see Item I. There is precedent for White Vinyl fence material within the district. There is white vinyl fencing in the Courthouse Green subdivision approximately 130'from the entrance to the North Landing Subdivision and surrounding the dumpster utilized by the Heirloom Restaurant directly across North Landing Road. • A - "Staff can assist the property orouer u;itli understanding Hie ititeitt of the DG's [design giddelims] and the submission regitireiuents for application for a COA". It is staff's responsibility to assist the Owner in understanding the DG's. One (1) member of the HRB indicated at the June 18, 2025 hearing that in her view it was the developer's responsibility to do its due diligence, which implies without any evidence to support it SWES, POURDON, AHERN&LEVY,P.C. Kathy M.Warren,Director July 18,2025 3 Page that somehow Ashdon Builders shoulders the blame for a circumstance which they in no way created. • B-"COA Application". The application form is what the Owner fills out and completes in order to move to Step 3. • C - "Upora receipt of a completed application, the staff will review the rrraterial and Will Work witlr the applicant to ensure all necessary biforrrratiotr leas been submitted... "complete application". "Complete application" is required: 1) in order for staff to schedule the application to be heard by the HRB on the meeting agenda, and 2) it's also indicated in the statute"Applications for a certificate of appropriateness shall be submitted to the plaiuiing director, zvlro sliall determine zolretlrer the proposed building or structure conforms to the requirernetcts of the City Zoning Ordinance. No application slrall be deemed complete airless it contains sufficient information for the planning director to make suclr deternrirratiorr". • D - In Step 5 "The HRB is responsible for reviewing applications and staff reports prior to the start of the HRB meeting". At the June 18, 2025 HRB meeting, it came to light that staff prepared and provided the HRB with its Report and Recommendation for the Board's review, however, the actual application itself,as submitted to the City by Ashdon Builders, for the July 7, 2024 COA as well as the June 18,2025 COA was NOT included u1 the Staff Report provided to the HRB, as it should have been. Multiple opportunities for both staff and the HRB to disapprove the white vinyl fence material request were totally missed due to the failure of the HRB to handle that which is clearly their responsibility. • E - "The HRB ruay vote to issue or deny a COA or coidirrtre an application... the applicant may be asked to revise the application... upon resubrrrissiorr of the revised application". COA#24-09 was approved at the 7/17/2024 HRB meeting with no objection or discussion of the fencing and certainly no denial SYKES. BOURDON. AHERN&LEVY.R.C. Kathy M.Warren,Director July 18,2025 4 Pale in writing by the HRB. Staff and the HRB seem to be treating the application form as if I is divorced from the staff prepared report on or the HRB's action on the Applicant's COA. The Design Guidelines suggest the obvious, that HRB is voting on the COA application along with the Staff Report which may include modifications or deletions which the applicant may be in agreement with or may seek to have the HRB modify or delete. Precisely why the Board has a hearing before they approve,continue or deny a COA. That is precisely why COA #24-09 does include the white vinyl fencing applied for by Ashdon Builders. • F - "tlre HRB slrall approve or merry a COA witlrirr 90 days front the filing of a complete application". The HRB approved Ashdon Builders' complete COA application on 7/17/2024 with the fence material and color as requested. HRB apparently asserts that they did not approve the material because they did not discuss or vote on it as staff did not provide the actual application form my client submitted. Staff acknowledges that it was an oversight and a mistake on their part. Based on "D" above (and simple common sense) both staff and the HRB should have reviewed the application in its entirety (i.e. they and not Ashdon Builders,failed to do their DUE DILIGENCE). • G- "If the HRB finds Mat an application does not meet the DG's they cnay issrte a Decrial of the rerlrtest for a COA. The HRB will provide the applicant Witlr the reasons for the retrial in znritirrg". Ashdon Builders received approval of COA #24-09 at the 7/17/2024 HRB meeting. No denial of their Application's request in writing was provided for the fence material and color request. • H- Left Blank intentionally • I-h-t the fence section of the DG's appears this note: "Proposed projects should document similar fencing elsewhere in the district to show precedent". One carumt possibly miss the existence for at least 12 years of a White Vinyl fence within the SUES, BOURDON, AHERN&LEVY,P.C. Kathy M.Warren,Director July 18,2025 5 1'agu district at Courthouse Green which is almost directly across the street from our Ashdon Builders' North Landing Subdivision. The white vinyl fence in that community is approximately 130' from ours. • Finally, I have attached the statement which was read into the record by Mr.Cross at the HRB's June 17, 2024 hearing. I will standby to discuss with you the process for scheduling this matter. With best regards, I am Very truly yours, R.Ed w Bo�:�i ln,Jr. REBjr/arhin Enclosures cc: Donnie Cross, Ashdon Builders, Inc. H:\AM\Historic Review Board\Ashdon Builders\2025\Warren_Ltr 7-18-2025.docx REBjr/arhm Offi S YKES, BOURDON, R�GEtvE® Mill FERN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW 4429 BONNEY ROAD Department SUITE 500 planning VIRGINIA BEACH, VIRGINIA 23462 RETURN SERVICE REQUESTED Kathy Warren, Director Department of Planning &Community Development 2403 Courthouse Drive Building 3,Municipal Center Virginia Beach,Virginia 23456 , ► ► R."N• 7ATAMAIM 2.2 How do i Apply for a COA? I. @e t, epplk:atiot to be heoar�d b�fhekRg " � �� '' r�r� I Appear a Decision? tnc next availe rseetrne et*en STEP 1.DISCUSS P;OPOSED PROJECT WITH STAFF: the applicant end the public o'::•-e meeting date, it the HR find: 2!^,atran apglicatiorr Foes not rrtEst During the early planning stages of a proposed and prepare a staff report with recommendations for ► a- the DGs,day may issue a Denial of the:equC,for pro,ect, property owners and/or their design team the HRB's consideration.HRB meetings are advertised C The 9HRB WM provide the applicant with the are encouraged to contact the Preservation Planner and open to the publ'a. Note: for - Di5CUS5 PROPOSEv aa�a^ :cr�Ke ocniar n wrhemg. (staff)with the City of Virginia Beech's Department of routine maintenance or one—for—one rep`-ac>�Staff PR0JF T*,r(THSTA p �-- — ----- -' Planning and Community Development ST 'ta^rati may issue an administrative approval, which wil. be An applicant may choose to appoal the decision of eyrie-vi`rd+utv3ar:°.a*�dt �r,F reported in summary to the HRB. -�• the HRB by submitting a written letter to the Planning Director stating the grounds for the appeal within 30 Staff can also expk:n the entirety of the �PS•HRSREVIEV zZ1'PL'&TI'JN ' S`1 E' �-:__'� __-_ days (see Zoning Ordinance 1303.c2). The Planning review process he,pmg a property owner understand SITE VISIT. Director will then schedule the appeal to be heard try what to expect from the application through the HRB The F�ss rssp _ orm-ble +'ro`e` r S aF� o e City Council,and must give notice of the meet rig daces meeting, ? rcpe tis prior to the start e of the HRB meting. ., _ _ ._r at least 21 days in advance of the meeting(see Zoning :R S*ff may schedule a site visit to the subject "' Ordinance 1303.c.3)• The applicant will be given a sign SEEP 2.COMPLETE&SUBMRt'J �"v" property prior to the meeting when deemed necessary. -— to post on their property by the Plann ng Director that An applicant must complete the These site visits constitute a pubic meeting and must states information regarding the schoduled meeting. Includes basic project information ens c a�descn'ption be advertised accordingly. 77 - of the work.Applications should be submitted to the _ _— The applicant and any person a�before the City City Preservation Planner,along with tuppementery STEP 6.°(MCA.L r:R3 MEE&'iNG FORMAT: i �~ Council rn opposition toast aep> uteri may appea.the information including: The Cnii of the HRB cads the meeting to order, decision of City Counci!10 the Circuit Court by fiing Color photographs (site,exterior of building,etc.) The HRB reviews agenda items =n the order that a petition that state;the alleged illegality of decisions Concept ayout plans&site plans they appear on the agenda.Staff presents requests of City Council within 30 days of the City Council's • Architectural elevations and/or renderings noCng for COAs to the HRB, which then discusses and decision(see Zoning Ordinance 1303.c.4). materials reviewsproject each ATCh3d Product specification sheets The HRB will allow applicants and other interested TKEAPPLItATION Material samples parties to speak during the meeting either in favor For signage,applications include location of proposed of or in opposition to the application. sign on a site plan and a sign plan with dimensions. The HRB utilizes the DGs to assure that the intent of the HCD ordinance is met and to determine SCfiEDfi u4GOrr For demolition, applications include a structural 'KnAG y assessment(see page 159 for further information.). -whether proposed exterior work is appropriate for - lhe District and sub e- oraperty. STEP 3. PRESERVATION PLANNER REVIEW _ / The -lir-2 may vote to issue or deny a CCA or l APPLICATION. cerstume sit app Caton a future meeting. 4RBREVIEWS h +Joon receipt of 'comp;eted a�iieatio the Staff will- ccw+tinueo,t�nt may be asked to rev'rs.e THE APPLICATION ..�.,... """-'— POSSIBLE S171 EVISIT 2view the materials and will wort with the ap -and resubmit to the Staff HRB. lirffitt > ap�cats :e er:surc all nccessay':nfotmation has been ubrrrMt v,tin rasa mission of the revised:appGcaaory the Sly riay6en request ' monal infomw on to ensure project will be scheduled for heanc�of a %c urc ry df ;cam-sScat>ct3., meeting. rr . y ,--,According to the City Zoning Ordnance Section H96MEE'iING c•m f STEP 4.SCHEDULING ON THE HRB AGENDA: Sr` y303.c.S,=-,HRBsheSapprcvrordenvaCC+Aw'fii*. Once the' Korori mwiib v't 1&66e7c; eti f W7, 90 day `n n the Kling of a'cornplete appGcaton. _ Yypfcel foeW of an HRB rneeane. . F4,7u?e to approve or deny sn._^i constitute a tenses. ' 14 Vrginie Beach Historic&Cultural Distria Design Guidelines Chapter 2:Application&Renew Process Virginia Beach Historic&Cultural Devitt Ca :-;a:,r_r <: Chapter 2:Application w Revrew Process 15 1 • • 11 , a .1,2 FENCES Z s7,17--7ES ANDING WALLS B.New back and side yard fencing/walls: itructium 1. Back and side yard fencing/walls are considered 1. isreserve traditional fences,walls, and hedges. if 0feetfro' to be in any part of the yard not adjacent to /omer of m ma portion of the historical fencing is deteriorated, ff�i the s-street and behind 20 feet from the mar keep arty salvageaVe, material and trtitize it in the IS r r� I a comer of the main structure(see illustration 11 A more prominent areas,replicating any material that �e - 6 0 on previous page). is missing or beyond repair. _ f / ® ® a. Height should not exceed 8 feet as allowed i ® by the Zoning Ordinance. 2. Match historic Fencing in height, material, and a ; free.. E:, H— is b. Materials can be made of living fence det m ail.If the same a si A material or details can no longer be (hedges,shrubs,etc.),wood boards,brick, found,use a simplified design but maintain asimilar 71_ A e A wrought/cast iron. height and material. sd..+a i. Prefinished aluminum and chain link or other wire fencing should be allowed S.For new lancing:Material,style,and height should .sa as prescribed below, {q be in keeping with the district. Moa;i'a 'pmjectC The yellow lines(listed as A')arc the fence/well lines that are ii. plastic,vinyl,barbed wire,and ebctrfeal. ;apwW 66cume xt synta!ar Sincin e€s¢whars 3n t4c" considered front yard.The blue lines(Pztad so"am th¢fenc¢/ fencing is prohibited. Mettler to%F&,prcrwdent./Mfarseng and freestanding wall lines that are considered back/side yard.20 feet from the mar It. If tall fences are to be constructed,wood slaty walls must meet the of that C' of Vi inia cornier the main stnimm leak*shown. at least 3/4'thick should be used to provide paorisms KY s'B Beach Zoning Ordinance in Article 2A,Section 201(c), , adequate durability. �< Requirements for fences and wafts. The guidelines 1 a Ill.If not visible from the public right-of-way, below offatrfurthsr direction appropriate for the HCDs: k prefinished aluminum, chain link, and other A.New front yard fencing/walls wire fencing is allowed. 1. Front yard fencing wells are considered to be "f°" + 1 v` IV.If visible from the public right-of-way or in any part of the yard adjacent to the street if a precedent for historic resources exists, and side yards up to 20 feet from the rear prefinished aluminum, coin link, and other comer of the main structure (see top, right ' ^d wire fencing is only allowed if used with a illustration), living fence in front of it. a. If the property is a corner lot, these �:-.The low brick wall with taller fen accenti the walkw i- standords apply to both street-facing P rig °y'an elevations. appropriate sale and style. ♦ • r • . b. Hcgr t should net egf�'feet. cat Ahatenets can tic mEm. ferns Q(hedges,s etc board.,brick, ' { wi•oughtfcaast iron,and chain link or oevc 9 0 core erize"IS as prescribed below,, i. plastic,vinyl,barbed wire,and electrical iY fencing is prohibited. ii. Chain fink and other wire fencng is only allowed if used with a living fence between it and the pubic right of way. ' - Wh is appropriate for the backyard,this fence is too high foralmi tyerd. 124 Yrcgin+e Be l%H toric&CulturaiDistnct D.tgn coder cs Chapter7•.Design Guide nes for Site,Setting,&Signage Vhginta Beach Historic&Cultural District Design Guidelines Chapter 7:Design Guide Ines for Sate,Setting,&Sigrtage 125 m Historic 3 Culture Districts in Historic&Cuhurd Distracts 5.2 Maintenance,Repair,$t � � •a.•,. �. Replacement Guidelines for � Eton-Contributing Properties The following sections address individual buildin 5.2.2 EXTERIOR ORNAMENT elements,and are followed by additions and accessory z structures on non-contributinproperties. t�1I g rlry��� pt ill r Exterior ornament includes exterior doors,porches,trim, and decorative detailingccar nC yr h Fxri va raCur 5.2.8 E3CTEteIL)a WALLS exterior trim is not required to 6e made of wood. 0*1x—products that may appear on non<ontRossring Exterior wall materiels and finishes of a non-h stork stntc=res include vinyl, aluminum, or PVC product_ structure should not detract from or overpower historic Extertortnm encompasses many exterior features,making materials in the district.The details of the exterior wall this a critical category for maintenance and care for materials create surface texture that impart the specific �I Virginia Beach`s buildings. gip' characteristics of their own time period-Maintenance ands, retention should respect the character of the materials II4ANCE&REPAIR GUIDELINES originally found on these non-contributing structures. >odenr;comah bv-mercial bawaygin then not* usedrota utilizes nsodem naxetiah bu:*navr3y e"ta:does not overpower 3ta litstor+c ru:zriaL toured c1sewhese'nn z.'x eistr:rt, 1.Exterior ornarnaant must be rouNi ahl I poctcd. MAINTENANCE ? REMIR GUIDELIKbB A.Routine inspections and on-going maintenance of !�' exterior ornament wiI',greatly extend the lif¢spen L Routinely inspect the exterior wall materials and of the material. finis- S. Make note of areas where paint is peeling, mortar A Routine inspections and on going maintenance Z_ is deteriorating,or ornament is warped,as these extends the lifespon of the exterior materials. - _ are often signs of moisture infiltration. A•''i a' •' S.Make rat¢ of area; where paint is peeling or ORNAMENT mortar is deteriorating,as this is often a sign of REPLACEMENT GUIDELINES a moisture mFiltreton. 4. If materials am deteriorated bcycxad rmpefr, i 1 - 2-Retain existing material. ■ aroas should be replaced In-&ind. A.Only replace areas of damaged or deteriorated A.Alternative materials can be proposed if 3 matennls. Do not remove materiels that are replacement is deal necessary; see Chapter ^" salvageable condition in order to reduce waste. g 8 for alternative materials for non-contributing _ c �, ;trurunts, REPLACEMENT CIDELINES 2.Now exterior featttras may bo cpptapri=for non- 4. If the existing exterior well material requires count ibattttg Ttructntes. , replacement,It can be replaced in-kfnd. A.The location, placement, size, and orientation of new features on non-contributing structures f 2 Considerations for alternatfve materials for non- e a uY a-The windows and siding of this 1960%apartment should be similar to but differentiated from those contribtrtin structures and the replacement matey al building were In good condition and salvagable to retain its g in the district. unique style even though It is anon-contributing resource.The - flow chart found onpage440 can bo used todetermine replacement vni windows and metal faur board-and-batten siding B. Detailing of new features should not attempt to what aftarinal rincoadol is appropriate. are not Inkee I with its own time riodandcha the look of Prig Pe ^� replicate historic details found on contributing the building.These types of replacement amnotappropriate. strtlCiuMs in the district. 112 Virginia Reach Historic&Cultural District Design Guidelines Chapta,5:Maintenance,Repair,&Replacement Standards for Vrglria i Historic&Cultural D,stnct Design Gwdehnes Chapter 5:Mairit"nx.Repatr,S Replacement Standards far 113 Non-contnbuting Properties Nan-eontnbutmg Properties tt � r K -e ti r f i a � Good evening Staff and members of the Historical Review Board. In order to try and figure out how this situation went awry I began looking through some of the information provided by Staff as well as online resources. I made a few notes when looking through the Certificate of Appropriateness Application & Review Process on page 15 as noted in the Virginia Beach Historic & Cultural District Design Guidelines. All of the following is in relation to how the COA application dated 6/10/2024 and heard by the HRB and approved on 7/17/2024 was handled. Skipping ahead to Step 3. Preservation Planner Review of Application "Upon receipt of a completed application,the Staff will review the materials and will 1=2ork with the applicant to ensure all necessary information has been submitted" "Staff may then request additional information to ensure a complete application" Step 4. Scheduling on the HRB Agenda—Once the application review is complete,staff will schedule the application to be heard by the HRB on the next available meeting agenda". It's important to clarify what is considered a completed application as there are two important bullet points under Step 6:Typical HRB Meeting Format: "The HRB may vote to issue or deny a COA or continue an application to a future meeting" "the HRB shall,approve or deny a COA within 90 days from filing of a complete application" Then from section 2.3 "If the HRB finds that an application does not meet the DG's they may issue a Denial of the request for a COA. The HRB will provide the applicant with the reasons for the denial in writing" The application submitted was given COA approval on 7/17/2024 and the language "if installing fencing, the material will be white vinyl" was on the application. Furthermore, according to Article 13. Historic and Cultural District sec. 1303 "Certificates of Appropriateness subsection b) states "The HRB may require submission of any or all of the following materials as part of an application: [indications as to construction materials]". The notation on the application clearly indicated the material we intended to if and when fencing was to be installed which was white vinyl material. Then in subsection c)entitled "Grounds for issuance and denial of certificate of appropriateness" section 2) covers the procedure for denial of an application: "The HRB shall state the reasons for denial in writing". There was no continuance for the fence material mentioned in the application nor was a denial in writing issued. w CITY OF PLANNING & COMMUNITY DEVELOPMENT //RGI /� Historical Review Board BEACH H Building 3, 2403 Courthouse Drive — Virginia Beach, VA 23456 July 2, 2025 William D. Cross Ashdon Builders 1, LLC 321 Great Bridge Boulevard Chesapeake, VA 23320 Sent by email only to: donnie@oshdonbuilders.com Certificate of Appropriateness Application #25-12—Ashdon Builders 1, LLC—Request to construct privacy fence for North Landing Estates; Peaceful Lane, former GPIN 14948048930000—Courthouse Historic and Cultural District Dear Mr. Cross, On June 18, 2025, the Historical Review Board considered an after-the-fact application for a Certificate of Appropriateness (COA) for the construction of a white vinyl privacy fence in the North Landing Estates development on Peaceful Lane, (former GPIN 14948048930000). The Historical Review Board denied the request by a vote of 5 to 0. The denial is for the following stated reasons: The Design Guidelines for Virginia Beach's Historic and Cultural Districts specifically prohibits use of vinyl material for fences. In its motion to deny the request to construct the vinyl privacy fence, the Historical Review Board acknowledged that a precedent for vinyl fence is present in the district and a staff error may have occurred during a previous COA (COA#24-09) hearing for the North Landing Estates development. At that time, staff did not bring forward the request for a vinyl privacy fence that was noted in the COA#24-09 application. As issued, COA#24-09 did not provide approval for a vinyl privacy fence. Ashdon Builders constructed a vinyl privacy fence along the development's eastern boundary, behind lots 1 through 5, and along the western boundary on the west side of Peaceful Lane. On June 3, 2025, staff informed Ashdon Builders the fence they constructed needed a COA. Review by the Zoning office determined that a fence permit was required for the section of fence behind lot 1, since it is a corner lot. Zoning also determined that the fence along the west side of Peaceful Lane was built entirely within the right-of-way and as such would require an encroachment agreement to be approved by the City Council. (757)385-4621 virginiabeach.gov/historicalreview July 2, 2025 William D. CrossPage 2 of 2 As was explained at the June 18 meeting,the Historical Review Board's decision may be appealed to the Virginia Beach City Council. The appeal process is outlined in Section 1303(c)(2) of the Zoning Ordinance. To initiate an appeal, provide a letter (not an email)to the Director of the Department of Planning and Community Development within 30 days of June 18, 2025. The letter must state the grounds for your appeal. The address for the Director of Planning is: Kathy Warren, Director Planning & Community Development City of Virginia Beach 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 If you need further assistance, please contact Mark Reed at 757-385-8573 or by email at MReed@vbgov.com. Sincerely, OA4' .' �C4 Mark A. Reed Historic Preservation Planner MAR/ cc: William B. Cross (barrv@ashdonbuilders.com) HRB Building File (757)385-4621 virginiabeach.gov/historicaIreview Certificate of Appropriateness City of Virg`°'°gwch New Construction Planning Planning & Community Development Application Information A Certificate of Appropriateness(COA) is needed for any project that will affect the exterior of property located in one of Virginia Beach's Historic and Cultural Districts. Every month,the Historical Review Board (HRB) meets to review COA applications. (See the last page of this application forgeneral meeting information.)The COA review process ensures that development or redevelopment in a Historic and Cultural District is compatible with its historic character. Projects that primarily involve new construction should use the following application. New construction includes: • New primary buildings or structures(e.g., houses, apartments,stores, offices, etc.) • New accessory buildings or structures(e.g., detached garages, gazebos, etc.) • Additions to existing structures(e.g., porches, decks, new dormer, rear sunroom,etc.) Complete the following application and follow the instructions on page 6 of the application to submit to HRB Staff.Once your application and supporting materials have been submitted,you will be contacted by the Planner assigned to the project who will assist you and/or your representative during the review process.There is no fee for applications for Certificates of Appropriateness. The HRB meets on the 3`d Wednesday of each month at 4:00 p.m. COA applications are due on the 10th of the month prior to the month of the HRB meeting(ex due 10th of April for May meeting agenda). If the loth of the month falls on Saturday; Sunday,or a holiday,then applications are due on the first business day following the weekend day or holiday. Submit your application via email to PreserveVB@vbgov.com with the subject line "COA Application" and the project address.You can also drop off or mail the application to Elizabeth Nowak Department of Planning&Community Development 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452-7385 Proiect Documentation Drawings should be to scale and like drawings should use the some scale.All drawings should be sized to 11"x17"or 8.5"x11";do not submit documentation on pages larger than 11"x17."Include all dimensions on drawings. Label drawings with cardinal directions(do not use "right"or"left"). Elevations and renderings should identify building materials and colors. ❑ Concept layout plan of new development ❑ Architectural elevations(in color, to scale)showing all elevations for new construction ❑ Sign package(if applicable) ❑ Recent color photographs, including a wide view that shows the project setting ❑ Material information and specifications (e.g.,cut sheet, product brochure) Staff may request additional documentation,such as material samples, as needed. Page 1 of 2 Certificate of Appropriateness X� "�'Virginia New Construction w ..,._ Planning & Community Development Proiect Information Date: 06/10/2024 Name of Project: North Landing Estates Street Address of Project: 2524 Peaceful Lane Historic and Cultural District: Courthouse Property Owner Name: Ashdon Builders 1, LLC Property Owner Mailing Address: 321 Great Bridge Blvd., Chesapeake, VA 23320 Property Owner Phone Property Owner Number: 757-436-:757 Email Address: barry@ashdonbuilders.com Applicant/Representative*: William D. Cross (Donnie) *If different from property owner. This person should have the authority to commit changes to the project. Applicant Organization and Position: AShdon BUllders, Inc. Applicant Mailing Address: 321 Great Bridge Blvd., Chesapeake, VA 23320 Applicant Phone Applicant Email Number: 757-508-7566 Address: Bonnie@ashdonbuilders.com Type of New Construction (select all that apply): 8 Single-family residence ❑ Garage ❑ Multi-family residence ❑ Accessory structure ❑ Commercial building ❑ Addition to an existing structure ❑ Mixed-use building ❑ Other ❑ Institutional Building Page 2 of 2 x ID Certificate of Appropriateness V" City oft iryinia Beads New Construction Planning & Community Development Are there other applications associated with this project?(e.g., Conditional Use Permit, Conditional Rezoning,Zoning Variance,etc.) BYes EJNo If yes, describe below and include the application number.Attach an additional page if necessary. Previous Approval COA#22-03 112-15950 Land Disturbing Activity and/or Stormwater Management 112-15950 Right-Of-Way Improvements Brief Project Narrative Summarize your project. Include any information regarding signs,site improvements, or demolition. Attach an additional page if necessary. This application is for the design and construction of the 7 homes for North Landing Estates subdivision. We are submitting individual home color palettes and material locations for approval. Signage, site improvements and demolition have already been approved previously through COA#22-03. Page 3 of 6 v.04-2021 Certificate of Appropriateness City of Virginia Dcaeh New Construction Planning & Community Development Proposed Materials If any materials are marked as "Other,"please include a description in the project narrative on the previous page. Foundation *Slab El Block *Brick El Pier ❑Other Raised slabs with brick skirts. Cladding/Siding *Brick ❑Stucco *Lap Board *Shingle ❑Masonry other Bother than brick All HardiePlank siding in Lap,Shake and Board&Batten,with brick front accents. Roof *Asphalt ❑Cedar ❑Slate ❑Tile ®Standing ❑Membrane ❑Other Metal Doors ❑Wood ❑Steel ❑Aluminum *Glass ®Fiberglass ❑Other Windows ❑Wood ❑Aluminum ❑Aluminum ❑Fiberglass Bother wood-clad Vinyl windows,already approved. Lighting ❑Ground *Pole/Post *Soffit *Wall- ❑Other mounted Trim ❑Wood *Metal ❑ Composite [Other HardiePlank trim will also be used. Fence/Wall ❑Wood ❑Metal ❑Brick ❑Stone ❑Composite Bother If installing fencing,the material will be white vinyl. Page 4 of 6 v 04-2021 Certificate of Appropriateness W City of i nyirtia B mJ. New Construction Planning & Community . Development Summarize any site improvements, landscaping, or other surface changes included with this project. This application is for the design and construction of the 7 homes for North Landing Estates subdivision. We are submitting individual home color palettes and material locations for approval. Site improvements, landscaping and signage will all be according to previously approved COA#22-03. I Sign Details Select oll that apply. Sign Type See Section 210.2 of the Zoning Ordinance for definitions of sign types. ❑ Freestanding sign ❑ Projecting/blade sign ❑ Hanging sign ❑ Wall-mounted sign 8 Monument sign ❑ Other ❑ Pole sign Number of Signs to be Modified ❑ 1 ❑ 2 ❑ 3 Sign Illumination ❑ Non-illuminated 8 Externally illuminated,ground-mounted light ❑ Externally illuminated, building-mounted light ❑ Other Page 5 of 6 v 04-2021 Certificate of Appro p teness. City of Wryinia Beach New Construction planning & Community Development Historical Review Board (HRB) General Meeting Information HRB Meeting Date: The HRB meets on the 3"Wednesday of each month at 4:00 p.m. HRB Meeting Location: The HRB meets in Conference Rooms 1 and 2 in the Department of Planning and Community Development offices—2875 Sabre Street,Suite 500,23452. The applicant or a designated representative must attend the Historical Review Board hearing. Application Deadline: COA applications are due on the 10'h of the month prior to the month of the HRB meeting(ex.due 10th of April for May meeting agenda). If the 10"of the month falls on Saturday, Sunday, or a holiday,then applications are due on the first business day following the weekend day or holiday. There is no fee for applications for Certificates of Appropriateness. Considerations: Only completed applications submitted by the application deadline will be considered for review.A completed application is defined by the following: • An application form with all sections of the application complete and with relevant signatures. • Completed applicant and owner disclosure statements. • Project documentation per the checklist in the application. Applicants are encouraged to discuss proposed projects with staff in advance of submitting project applications. HRB Staff Contact: Elizabeth Nowak, Planner ll, (757)-385-3066 or enowak@vbgov.com or PreserveVBPvbgov.corn Application Submittal: Via email at PreserveVB@vbgov.conl or you may drop off or mail to: Elizabeth Nowak Department of Planning&Community Development 2875 Sabre Street,Suite 500 Virginia Beach, VA 23452-7385 Page 6 of 6 v.04-2021 Disclosure Statement W City ojVirginia Beach Planning & Community Development - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Ashdon Builders, Inc. Does the applicant have a representative? 0 Yes ❑ No • If yes, list the name of the representative. William D.Cross Is the applicant a corporation,partnership,firm, business,trust or an unincorporated business? 0 Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) William B.Cross Arthur D. Cross,Jr. Robin V. Hirsch • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Ashdon Builders 1, LLC,Ashdon Builders 2, LLC, MCI LLC, 506 Cavalier Drive LLC '"Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. Z"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. Revised 09.28.2021 1 _ Disclosure Statement XY3 C ily of L'vqunn Bea Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coil ate ralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes R No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes E No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Jones, Madden&Council, PLC 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 09.28.2021 2 1 P a g e Disclosure Statement x Y3 City ojt'irginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • If yes, identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title William D.Cross,Vice President,Construction and Design Date (,,,/:7/2� Is the applicant also the owner of the subject property? ❑ Yes ® NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ o any Public Hearing that pertains to the No changes as of Date Signature Print Name Revised 09.28.2021 3 1 P a g e Disclosure Statement X13 City of Virginia Reach .t, Planning & Community r Development Continue to Next Page for Owner Disclosure Revised 09.28.2021 4 Disclosure Statement X13 City of S'irrlinia Baadi Planning & Community Development Owner Disclosure Owner Name Ashdon Builders 1, LLC Applicant Name Ashdon Builders, Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • It yes, list the names of all officers,directors, members,trustees,etc below. (Attach a list if necessary) William B.Cross Arthur D.Cross,Jr. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Ashdon Builders,Inc.,Ashdon Builders 2 LLC, MCI LLC,506 Cavalier Drive LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 09.28.202:- 5 Disclosure Statement W City of l hgmia Bead+ Planning & Community Development ent o Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-col lateral ization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ® Yes ❑ No • If yes,identify the company and individual providing the service. Wainwright Real Estate,Jamie Roser 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ NO • If yes,identify the firm and individual providing the service. Jones, Madden &Council, PLC 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO • If yes,identify the firm and individual providing the service. Land Planning Solutions, Inc. S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the company and individual providing the service. Ashdon Builders, Inc. 7. Does the owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO • If yes,identify the firm and individual providing the service. Land Planning Solutions, Inc. Revised 09.23.2021 6 _ Disclosure Statement City Of Vinjinia Bench Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? E Yes ❑ No • If yes,identify the firm and individual providing legal the service. Sykes, Bourdon,Ahern&Levy, PC Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with:this application. Owner Signature Print Name and Title — William B.Cross, Manager Date 6/7/2024 Revised 09.28.2021 7 1 P g e . �� � . • . \ kk : 1 \ � /. ^ \ ° /� ^ � � ■ w) z �� � . � .. 3 y� / y! ur, 5��AeL.� f f�17i 1a. 9, i ukn� gy, } y r $ sy,+ t J 4 ' n Y 14, ll i ¢4vt + R 1� } x `S n�` 4 I• z y t III 4 y.� k Ste•. �}� +,,.✓'�.�, Yl _ - t �5' F•� �Pie�' 16 ti r 4`1 ''t r.,��• fir' �I, ��f�� s� { F �,'Fi w Y °� f r �t rf �� ! I � _ � � � � �� � / G—� o ^�' ��,, 1 {.' .t�'. � �? ' . � ,� t, ���y s�� �J .�.�, j l �i. ,!�,,� f: � �� � f �r��� `� .��; ��1 " as ,y �� ��t �, � �� S � � ��. r �p ,''�� .��� � � y� �3� �: ,. �i' r �+§ `'r* � I �: .. t S C f'' Y � . .i� �j � +i � k4, � ,hy 1� JF'1J.. }`,. '` �r, �v. .e q ��-- s�� � � ;:g _.,r. ,. , �y. .. _j L 4F i 3 � S rr t tr 3 .. r� ��t K� Ikr� }�.` :�� ,�;�� i �' ee. l 4 7l� '��'. �`., � ��Ago -x. �>. i jj k' Z �; �G x y5i +� ,. .". � �� � j y '� .i �4 r e; 7 � 15 1 f� ✓D, F r � F M1j pA� Xd�Q x ,r s G1x�BEAc O� �` .,, � � City of Virginia B each V . 1 U S Op OUR NX00 VBgovcom 2875 SABRE ST,SUITE 500 DEPARTMENT OF PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH,VA 23452 HISTORICAL REVIEW BOARD March 25, 2022 R. Edward Bourdon, Jr. Sykes, Bourdon, Ahern& Levy P.C. 4429 Bonney Road, Suite 500 Virginia Beach, VA 23462 RE: Certificate of Appropriateness Application #22-03—Ashdon Builders I, LLC — Demolish four buildings and develop a seven lot residential development—2487-2489 North Landing Road - GPIN 1494804893- Courthouse Historic& Cultural Overlay District Dear Mr. Bourdon: On March 16, 2022 a Certificate of Appropriateness was issued by the Historical Review Board for demolition of the existing house, garage, shed, converted barn, and miscellaneous concrete, the proposed layout, general house styles, and material palette for the development of a new seven-lot residential development subject to the following conditions and exhibits: 1. This Certificate of Appropriateness shall expire on March 15, 2027. 2. This Certificate of Appropriateness only approves the demolition of the existing structures; the general layout of the development; and the proposed material palette with the exception of the provided stone samples. Individual houses shall be submitted for review and approval by the Historical Review Board prior to construction to allow buyers to consider custom options for individual models and to confirm final material selection should materials included in this submitted palette no longer be available. 3. Signage shall conform to the standards set in Article 2(B) — Sign Regulations of the Zoning Ordinance. 4. Once construction is complete, the applicant shall submit photographs of the finished building elevations and site improvements (e.g., parking lot) to Historical Review Board Staff. 5. In the event of unanticipated archaeological discoveries, contact the Historical Review Board at (757)-385-3066 or(757)-385-8573 prior to continuing work. 6. Prior to making any changes to the proposed design, location, configuration, or materials that are subject to the issuance of a Certificate of Appropriateness, the Historical Review Board Staff shall be contacted. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. At the meeting on March 16, 2022, the following advisory comments were provided by the Historical Review Board for the anticipated future submittals for construction: 1. A strong preference against stone was expressed. Several Board members noted that stone is out of character in the Courthouse District, but a flagstone or fieldstone type of stone was especially inappropriate. It was commented that a cast or precast stone in limited areas might be acceptable, but the details of the material and the overall palette would need to be considered. 2. A strong preference against the proposed Metallic Copper and Matte Black metal roof samples was expressed by one Board member. 3. There was a preference stated at the meeting that any shutters on the houses be operational, but that, at a minimum, shutters should be proportioned to appear operational. 4. A preference for the Brandywine/Redland Brick; Millstone/Pine Hall Brick; Northampton/Triangle Brick; and the Shenandoah 4-423/Redland Brick samples was stated. Finally, there was some discussion at the meeting regarding the proposed finish of the fiber cement siding. While some Board members and Staff expressed a preference for a smooth- finished siding, the applicant presented an argument in favor of a faux woodgrain finish. The Historical Review Board made no formal advisory comment regarding the finish. If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at enowak(Dvbgov.com. Sincerely, �. a-'& lt'1&6vall� Elizabeth Nowak Planner II CC: Barry Cross Donnie Cross Building File Attachments North Landing Conceptual Master Plan, Rev. 3/4/2022 North Landing Elevations, Rev. 3/4/2022 North Landing Conceptual Play Area, 11/4/2021 North Landing Signage and Lighting, Rev. 2/9/2022 Materials Palette AP`PROVED— North Landing Conceptual Master Plan o �* /t Virginia Beach,Virginia o�P September 15, 2021 -Rev. March 4, 2022 Qjla SITE DATA: 0000 Current Zoning: 149 &489 aq:/ y �`� �b >.b Overlay District: Historic&Cultural,Transition Area Total Site Area: 4.2656 a.c. / �g Proposed Zoning: R-7.5 KMin Lot Area: 7,500 s.f. Min Lot Width: 75' Front Setback: / 2"4 From North Landing: 30' 2 From Internal Road: 35'(Variance requested for 25') M1 j Side Setback: 5&10' 1 10.32 Sr / / �, �\ Rear Setback: 20' E �I / ru1DRE •�" ,//%/ \`% ,� Total Lots Proposed: 7 S / / 3 Open Space Provided: +/-2.2 a.c.or+/-52% (including+/-0.67 a.c.pond) CONC i i ``�> •• �i • / 6 PoLES rD1K �/ \ DR 521E DRNEwnYS (TYP.) R 6 e.a,sF i PEDESTRIAN / / s` a \ u --E u FASE4E.EDR V 13 \ /\ it 5'SIDEWALK zi 30'CURB n GLITTER(BOTH SIDES) MODIFIED 40'R/W SECTION �A WITH WALK ON ONE SIDE -L "� a r „s•° „a, mRR�,� t ■LAND YI.ANNA, SOLUTIONS 1 151]HARBgR V. Sre.a— N �, SIIPYDL[ 21133-2517 O 9R1410 F]5]9359R15 1 rvrvw.IWplvmin6.ob,iom.enm S O LALE.1-30' F2pa! North Landing Conceptual Elevations APPROVED BY N�stnrieal Review B d Virginia Beach,Virginia September 15, 2021 - Rev 3.4.22 r• � .< .,� ill OWN= MEN ME NEI 11 11 11 h ;;� —� 11 11 II MEN OWN E a 3 i VA�O! Model GS-G Elevation A o E e .. mm -- _ v c APPROVED i 1^p i ro ef L .. 4 y • r.:� '��R. S � � ,.;,,..n, � ,Y y.. - ;t .` _ fie.,�_`�" �'•�'?. �I# � e r J ��•"��.: r ,. " s7 4 .: sa���� t/. '♦''"T"�., S ♦ �`�. is +�;~s'"�, ��i� � -1 ♦�i � �µ� .A� �ti� M�� �}sY a� -r�. i� 3, � / }�gbT' � }`♦'».: B. ft �' K'•,/ Sri -. �T N �,��, ,yj r. �` z•ter �. ��, � 'i .. rJ �� 'k�r l � 4 i..., .=� ' of `'��-,�..N,. " E.Y• "�p 4I/1 F. ^J, y 'r♦- Y♦} Cr ;y,•., y w - fw • Nm �' 1 , s 1bloff i • r � i, r a - , -,..— �.,,,,•v+ `� - ,. �.. North Landing APPROVED Traditional Colonial BY Nizlonral Review Board The Traditional Colonial style luminaire is frequently used for urban streetscape and pedestrian lighting applications,as well S i g n a g e and Lighting '1• as for lighting parking areas,where greater vertical illuminance .xn is desired and off-site light trespass is not a factor. Virginia Beach,Virginia September 15, 2021 Rev. 2.9.22 j,� Vf� I - r r.r re r ]ee] ]ne rew a ) )a) v.r rrwar uoa >• row ewtl era u e )aa u.n a • \V'� J" `�J[ re row hF. sae it a K) u.tl aMM1a Traditional Colonial Type III LED (14'mounting height, direct bury fiberglass pole) uutt �.thr � C' ^� r r /� r /! SHENANDOAH-4-423.REDLAND BRICK CONC CAP BRICK FACING SIGN PANEL s WRAPPED AROUND E WALL a 2.4' a 8' 3' North Landing Estates FINAL NAME & LETTER STYLE 2.6 T.B.D. BY DEVELOPER r 11.2' z Conceptual Entry Feature .LAND PI AN+)x SOLUTIONS 513]Flnrsan 4lex BL\➢.SeE 2p� StrRo�e l'A 236a1_65] 0757 1T5 9BId F]51.9?5.9015 m.r,.lendpb,mrg.ohnom.mm TO: Elizabeth Nowak, Planner II 1 she/her This general material palette, with the City of Virginia Beach exception of the 5 stone samples, was Planning & Community Development approved under COA #22-03 on 3/16/2022. Planning Administration Division 2875 Sabre Street, Suite 500 Per Condition 2 of COA #22-03, final Virginia Beach, VA 23452 designs shall be submitted for HRB review (757) 385-3066 (Direct) (757) 385-4621 (Office) and approval prior to construction. ENowak@vbgov.com FROM: APPROVED Ashdon Builders, Inc. William D. Cross BY Historical Review Board Vice President-Construction and Design RECORD# #22-03 Office 757-436-3757 DATE 3/16/2022 Mobile 757-508-7566 donniela�ashdonbuilders.com SIGNED (rose@ashdonbuilders.com;c:757-651-5848) PLANNINGCOMMUNITY DEVELOPMENT 03/03/22 Proposed materials for new construction: Ashdon Builders/ North Landing Estates/03-03-22/ page 1 of 3 North Landing Estates: ROOF: Architectual Shingles/ IKO Cambridge (10 sample colors) Aged Redwood Beachwood Charcoal Grey Driftwood Dual Black Dual Brown Dual Grey Earthtone Cedar Harvard Slate Weatherwood METAL ROOF Accents: Englert product (5 colors) Charcoal Gray Dark Bronze Mansard Brown Matte Black Metallic Copper Ashdon Builders/ North Landing Estates/03-03-22/page 2 of 3 BRICK: (9 samples) Ashton Court Pine Hall Brick Blackmoor/ Pine Hall Brick Brandywine/ Redland Brick Castle Grey/ Pine Hall Brick Millstone/ Pine Hall Brick Northhampton/Triangle Brick Oakton/Triangle Brick River Street/Triangle Brick Shenandoah 4-423/ Redland Brick STONE: Color/Profile/Product (5 samples) Aspen/ Dressed Field Stone/ Boral Stone All 5 of these stone samples were excluded from Cremora/EZ Ledge/Casa Di Sassi Stone the 3 16 2022 General COA approval. See Gola / EZ Ledge/Casa Di Sassi Stone advisory comments from the HRB. Matera/ EZ Ledge/ Casa Di Sassi Stone Niveo/ EZ Ledge/Casa Di Sassi Stone SIDING:Jamies Hardie Siding Products with ColorPlus Technology: (16 sample colors) Siding Profiles: Straight/Shake/Board & Batten Artic White Boothbay Blue Cobble Stone Deep Ocean Evening Blue Iron Gray Khaki Brown Light Mist Monterey Taupe Mountain Sage Navajo Beige Night Gray Pearl Gray Rich Espresso Sandstone Beige Wood Stock Brown Ashdon Builders/North Landing Estates/03-03-22/ page 3 of 3 MORTAR: (6 sample colors) Roanoke Cement Buff Roanoke Grey Roanoke Straw Roanoke Cement Straw Work Rite 2247A Work Rite 2380 SHUTTERS: Mid America: Raised Panel; & Board & Batten (7 colors) 002 Black 167 Bordeaux 036 Classic Blue 166 Midnight Blue 010 Musket Brown 018 Tuxedo Grey 004 Wedgewood Blue WINDOW TRIM /CORNER POSTS:Jamies Hardie Trim METAL WRAP/VINYL SOFFIT: Alcoa Trim: White; Desert Sand; Mastic Performance Metals: White; Almond; Cameo GUTTERS: White and Eggshell FRONT DOOR: (8 colors) Minwax Dark Walnut 2716 Stain Or match Mid America approved shutter color selected for home GARAGE DOOR: White 5120 Sonoma panel with Stockbridge top (No faux handles nor strap & pull hinges) COLUMN: White 10" Square (No decorative scroll accents) Agenda Item #24-09 A••licant: Ashdon Buildings, Historical :•. • 2024 V-B, Historical1 1istrict: Courthouse Project Details Request IA Certificate of Appropriateness (New Construction) � 1�?2 hj?' � UIA Staff Recommendation N�\."50 35 ' - Approval .�_-- N,� r / AGz Staff Planner Elizabeth Nowak 81 AGz Location AGI 2487 North Landing Road ` '\ z GPIN F 14948048930000 AG AG< t pt, • �*sac L1 Ashdon Buildings, Inc. Agenda Item #24-09 page 1 of 33 Background SummaryofProposal • The applicant is requesting a Certificate of Appropriateness for individual building designs for seven lots that will be developed as part of the North Landing Estates subdivision. • A general Certificate of Appropriateness (COA#22-03) was issued by the Historical Review Board on March 16, 2022 that approved the demolition and site clearing of 2487 North Landing Road, as well as the conceptual layout of the new subdivision and a general material palette. Conceptual building renderings were presented at the March 16, 2022 meeting; however, the Historical Review Board required that the buildings come back for approval prior to construction. • The applicant is proposing seven individual designs to be constructed in the neighborhood: o Lot 1: Princess Anne o Lot 2: St. Croix o Lot 3: Grand Aruba o Lot 4: St. George o Lot 5: Galiano o Lot 6: St. Croix o Lot 7: Grand Aruba • When presenting to the Historical Review Board in March 2022, the applicant specified that no more than three of any one proposed model would be built and that no two houses of the same model would be constructed side-by-side. The applicant is proposing five different models and will repeat the St. Croix and Grand Aruba models. • Lot 1 is the corner lot that will have frontage on both the new lane and North Landing Road. The applicant has revised the plans for this house from a proposed brick house and is currently proposing a contemporary, vernacular interpretation of a Victorian farmhouse.The two-story house will have a porch that wraps the northwest corner with two exterior doors: one facing North Landing Road and the other facing the new street. Exterior embellishments are limited to decorative brackets, exterior lighting over the garage, and roofs over exterior doors and a set of windows on the primary elevation. • All houses are proposed to have front-loading garages to be accessed from the new street. Each house is proposed to have the same garage door by Wayne Dalton.The overhead doors will have Sonoma panels (a relatively flat vertical design) in a three-by-four grid.The top row will have two four-lite windows.They will have no decorative or faux straps or pulls. • Windows in all the houses are proposed to have a three-over-one configuration and will be single hung. They are proposed as vinyl units with grille-between-glass (GBG) simulated divided lites. A product cut sheet is provided on pages 22 and 23. Ashdon Buildings, Inc. Agenda Item #24-09 page 2 of 33 • Front doors are proposed with a quarter-glass,three-lite window at the top with two vertical panels. Front doors will be stained dark walnut. Side entrance garage mandoors will have a half-glass,three-by-three-lite window with two panels. Rear and side sliding glass doors are proposed for the Princess Anne.The remaining models will have full-glass, multi-lite doors. • A summary of the proposed house styles, materials, and color palette is listed in the below table. Photographs of the color combinations are included in the staff report below. Siding Accent Siding Brick Veneer Primary Roof Porch Roof Hardie Lap in Board & Batten Charcoal Gray Dark Gray Pearl Gray in Arctic White Northampton (Asphalt) (Standing Seam) • Hardie Shake in Board & Batten Driftwood Driftwood Croix Light Mist in Evening Blue Blackmore (Asphalt) (Asphalt) • Hardie Lap in Hardie Shake Driftwood Dark Gray Espresso in Cobblestone Shenandoah ArubaRich Es (Asphalt) p ( p ) (Standing Seam) • Hardie Lap in Board & Batten Driftwood Dark Gray Light Mist in Arctic White Blackmore (Asphalt George ) (Standing Seam) Board & Batten Hardie Lap in Charcoal Gray Charcoal Gray Lot S.-Galliano in Arctic White Arctic White Brandywine (Asphalt) (Asphalt) • Hardie Shake in Hardie Lap in Driftwood Driftwood Croix Cobblestone Cobblestone Blackmore (Asphalt) (Asphalt) • Hardie Lap in Board & Batten Charcoal Gray Low Gloss Black Evening Blue in Light Mist Shenandoah Aruba g g (Asphalt) (Standing Seam) • Trim and band boards will be Hardie Trim and will have contrasting colors to surrounding siding.Trim will sit proud of the siding by approximately%2 inch. Appropriateness of - • The proposed layout is consistent with the previous approval. • The materials and color palette are consistent with the previous approval. Proposed materials are durable and good quality. • The overall aesthetic is similar and compatible with other recently constructed subdivisions in the Courthouse District, including West Neck Commons, Courthouse Green, and High Court Estates. Ashdon Buildings, Inc. Agenda Item #24-09 page 3 of 33 • There is a variety of housing styles proposed for this development which, despite its small size, will create and sustain architectural interest. Material changes and color changes between the two repeated models will differentiate them from each other. • The design proposed for Lot 1 uses features similar to ones found on the Kellam House and the farmhouse that had been located at 2628 North Landing Road. • The proposed color palettes are modern but compatible with other new construction in the Courthouse District. • While simulated divided lite windows with exterior-applied grilles more closely approximate historical window dimensionality,vinyl windows with GBG simulated divided lites have been used elsewhere in residential new construction in the Courthouse District, including the nearby Courthouse Green and West Neck Crossing subdivisions. EvaluationRecommendation In Staff's opinion, these proposed designs are acceptable.The applicant has adhered to the materials and colors previously approved, and the overall proposed styles are consistent to what had previously been presented to the Historical Review Board. Staff notes that the proposed windows will be GBG simulated divided lites, which have been used in other residential developments in the Courthouse District and will have less dimensionality than exterior-applied grilles, such as those approved for the veterinary clinic that is currently under construction immediately adjacent to North Landing Estates. As GBG simulated divided liter have been used on other residential new construction, it is Staff's opinion that this is consistent with residential new construction in the Courthouse District, however, this development is much closer to the historic core of the district and recommends Condition 7 to use sculpted grilles rather than flat grilles to mitigate some of the flatness inherent with GBG applications. Similarly, each house is proposed to have a front-loading garage, which is due in part to both lot and floorplan constraints. While side-loading garages minimize the presence of vehicles and place greater focus on buildings and streetscapes, front-loading garages are found throughout the Courthouse District in new residential construction. Staff finds this to be consistent with the overall area and believes it will have a minimal effect on the district as they are interior to the development; driveway access is from the new lane, not North Landing Road, and while a few garage doors may be visible from North Landing before new trees mature, they will not distract from the Municipal Center. For a relatively small subdivision, the applicant has succeeded in creating variety in style, color, and material treatment. In addition to general style differences, the applicant is including single-story homes as well as two- story homes; this creates strong visual interest and reflects the varied residential character of the Courthouse District.The applicant states that while the proposed house plans are reversible, dimensional constraints of the lots make it infeasible to reverse plans while also providing driveways. In Staff's opinion, it would improve Ashdon Buildings, Inc. Agenda Item #24-09 page 4 of 33 the overall development if one or two of the repeated models were reversed, but as none are built directly adjacent to each other and the material and color palettes are all different, Staff does not believe this is a huge detriment to the overall project or the district. One major deviation from the designs originally presented to the Historical Review Board is the model for Lot 1, the corner lot with frontage on North Landing Road and the new lane.The new design, the Princess Anne model, bridges the more traditional styles found in the Courthouse District with the other contemporary models proposed for other lots.The house design is clearly inspired by other vernacular-Victorian farmhouses in the vicinity but does not attempt to present itself as a historic building. In Staff's opinion, positioning a more traditional style at the entrance to the development creates harmony between the interior of the subdivision and the rest of the historic district. For these reasons, Staff recommends approval of the request for demolition and new construction with the following conditions and per the following exhibits. Recommended Conditions 1. The houses to be constructed in North Landing Estates shall be in substantial conformance with the submitted elevations and color renderings as prepared by Ashdon Builders and dated July 11, 2024. 2. The proposed models shall be located on the lots as identified on the submitted elevations and color renderings as prepared by Ashdon Builders and dated June 7, 2024. 3. The pediment roofs proposed over secondary exterior doors on the Princess Anne Model (Lot 1) shall be deleted from the design and not constructed. 4. No more than three of any one model shall be constructed in the development. 5. No two houses of the same model shall be constructed side-by-side. 6. Materials used in construction shall be limited to the previously approved palette. 7. Windows shall be vinyl, simulated divided lites with grille-between-glass or exterior-applied grilles. Grilles shall be sculpted rather than flat. 8. Photographs of the completed construction shall be submitted to Historical Review Board Staff within three months of completion. 9. Contact the Historical Review Board prior to undertaking any unexpected repairs to confirm whether additional review is necessary. 10. Contact the Historical Review Board prior to implementing any revisions to the proposed buildings or any alterations to the site layout. Ashdon Buildings, Inc. Agenda Item #24-09 page 5 of 33 NORTH LANDING ESTATES Ashdon Builders --------- - --North Landing -- -------IT.bwh m—"I Mfb- Thl.C-1 �"peens,Conceptual Master Plan WV.B..Ih,Vkv- SwkW—15,2021 P-.Mad,4,2022 SITEDATA: P. C..dhi 2 .9 EGA f.I hff M e, .,.d 1413 APPROVED Ik-d • Lot 1 Princess Anne Model Lot 2 ST Croix Ranch Model LOT i:PRINCESS ANNE Lot 3 Grand Aruba Model Lot 4 ST George Model Lot 5 Galiano Model Lot 6 ST Croix Ranch Model Lot 7 Grand Aruba Model LOT 4:ST GEORGE North Lan ate� LOT 2:St.CROIX I 111IIIII)1RUBA • 0 0 0 0 LIT5:ONLIANO Lot 6:ST CROIX U0 I'GRAND ARUBA 7 s 0 > > fD CL 0 (D E: m(D 3 rj Ln NORTH LANDING ESTATES ( Ashdon Builders I a NLE EXTERIOR MATERIALS throughout the community.[materials approved 03/16/2022] r BRICK: Pine Hall Blackmore,Redland Brandywine,Redland/Lawrenceville Shenandoah,Triangle Northampton MORTAR: Roanoke Grey,Roanoke Straw • SIDING:JAMES HARDIE-Plank Lap,Select Cedarmill I Vertical Panel Board&Batten I Shake Shingle Straight Edge e` .""� `°° ""°° °`"" """"' M.W. o•���w.E uaoor • Arctic White,Cobblestone,Rich Espresso,Light Mist,Evening Blue,Pearl Gray,Night Gray • ROOF: IKC Cambridge Architectural Shingle-Charcoal Grey,Driftwood _ r STANDING METAL ROOF:Sheffield Metals,Low Gloss—Black,Dark Gray - ,� • SHUTTERS: Mid America Board&Batten 4-Board Closed-Black ; r - • FRONT DOOR: 2-Panel,3-Lite Door—Minwax Get Stain,Walnut P GARAGE DOOR:Wayne Dalton,Sonoma pane is with Stockbridge Glass top,No straps/putts-White Brandywine Shenandoah etackmoor COLUMNS: Square,no decorative scroll accents-White _ _ _ - __ • WINDOWS: 3 lite top with 1-pane bottom,White .... �,., • WINDOW TRIM/CORNER POSTS:Jamie Hardie-Arctic White >tockbndge .Warne umflp vew nara.� METAL WRAP/VINYL SOFFITS:White aD*1M�on _ GUTTERS: White or Eggshell m I I®Q�I�IfIhffl- -Mimi III � ,,, �ltJ�11 IWII llllll�ILI-. '' _. ` Front-Door-2-Panel-Rde-WALNUT MMtE•PEh•Grage•Door RICH-ESPRESSO D Ln QAP,CTC WHIR BBIB EOprMS7IN14 EVENING 81UEpt kIw Z3 O !Z :3 � Ip 3 ztt aq N `n O � W O n W l0 `t 5 C LOT 1: PRINCESS ANNE Ll f u u L �1.. TAW a i saw Front Elevation L4" 1'0" Lett Elevation 114" 1'0" Ft �- G2�1_CCt'L � � A N Rear F,levatinn IiV=1'0" RighL F.levatinn 1!4"=1'0" ` CNECK PRINT SCALEo r 7/ltl2024 Q � a p) (D - 00 U Oo O N =" w 6 � 110 10 NORTHAMPTON �° . BRICK 11116- 1 Size:E gl .er I Oueon Product Number:3001 17001 Pl.ntofOrigm Marry Oaks,NC. KO Cambridge ;s 9 • CD SEEN J �n.,ra;y Av.nk. Ln GQ rD D w: Q �.. Z:5 o �. . Q = v v rD �D aq C N N ., 4�:- w O n w Co . LOT 2: ST. CROIX • CL y . .. Li U mrnrn lip 1i[QIfIQI '' z F rA FmmHlevaticm 1i4".I'0" Left Elevation 1%4"=110" V a! • Rcar Llcvation F4"=1'0" Right Glcvation 1/4"=1'll" D A4 D CHECK PRINT SCALE > r �� 71til202J msa� .e ..:r:. ea•rzr,�r_._.�am4�. +iec,•mcrvu..•*,ww-u�xi7rsr:•:.szec>rrr!rsarm:sxrzzr.+::rs�.. ..ur....,..,..._.,....,�.. a.,.,.....,..,"..,..s�,........._.......,...�"...«,.....ti...... ,......�.,.=,.m,...",........,. Q p 0J 07 v rr C rD Q 1—• O -M oq O N W O W Ib r . ., p -rKo Cambridge LL ram, �5 •. (gyp , (� 0 --.��In•�hail6rick.com `.11r,1EfTT0 NORMAI.SHnbF VARIATION NV H,clayl.rvcr.com 0- co CD F—� It QQ 0 N W O n UJ lD LOT 3: GRAND ARUBA t j • ------------- t Front Elevation 1 4" I'0" Left Elevation 14" 1'0" ) 3 • W � a D AG 0DQ = Rear FkvationL'4"=1'0" Right Elevation1/4"=IT" :sa•,:srmr�:+�. s,zsr:. ^�:rr_r�rxr�a�•.���ax'�sutritve*.^�r;.",.:.x. -�.:�'a,s.^xxs,*�.,..a.s-�:ar.:.�ss:trr.• - 00 ty N q iZ 1—1 Z N :k 0'4 0 W � n s F Photograph of Proposed Material Color Palette for Lot 3: Grand Aruba Od ro Cl r. 7 _ p w = w� y Z I ws U m �1/ = ex a .. _w - i I _ Ashdon Buildings, Inc. Agenda Item #24-09 page 13 of 33 LOT 4: ST. GEORGE fA AL - _-- Vi 11 =zH mrmm mmrrn mnrn mrmm mrmm mm rn mm mn-n w mrnmi mmim�mmmi mmm From Elevation u4" 1'0" Left Elevation 1/4" 1'0" R Ll - A8 D V) 0>a = : Hear Elevation 1,14"=110" Right Elevation 1/4"=M" CHGCK , CD CL i llli i' L♦ 7/11/2024 � � ^Wa.��:-:r:.::.�7�e°.��r.�r..a...�_arcr^_�Y.cratr,.t_.....,.:..-r.a...:.rs��:�.��.......,.. ...,�.s...-.:.t,..:. ..,.<..,.....,...,...,.,........................,..,..�,..��...�.,..,_,,....,,....«......�..�...,,.._..,..,.,.m,....,..�...� o- n) W ffJ r=r C (D _Q F` 7 P �2 0'0 O 1v to W O n W Co N i s x z•� S i. Photograph of Proposed Material Color Palette for Lot 4: St. George v�4 Cn vT ± 5 1 e @ . 18 u ; 3 2 O a a a _ N I. O I z w m � 1 Ashdon Buildings, Inc. Agenda Item #24-09 page 15 of 33 LOT 5: GALIANO -- • I F F[i - --- m®BEM mum Ulm, MR. �mn Front Elevation PC-1'0" Lct1 Elevation 1/4"-1'0" qi y ---- IIIiI - ---- D Rear Elevation IN'=1'0" Right Elevation UV=PO" A 1 O D CHECK PRINT SCALE rD ..s..•.:z :..,... W...,:.v.er_....aar�s •.w s. x.xt�.x:r.,r rtx ^...:..:. .,.,. ..................,......._,,.,............,...,.«......«,.,....,..,............«...«,.,.....F. ,.....m ..._ 7/Ili2(1_1 r I■■ 2. Q � � � W CD S? N 7 UQ O N Ln W O W Co • 9 . • • wx� � aw:. • • Name:q.666 BRANDYW INE� Slze ENGINEER • Type:MACHINE Date: 7_17.13 NCEVILLE BRICK ;jKo Cambridge inia's Finest" • small • 4, .�Lua laws • D " oTa rD 0 0 Q 0 v co ' iz � zx aA 0 Iv /n ." A W O W l0 CL LOT 6: ST. CROIX �.. ; 8 I ; , `— irimn"n — - Z z w (iQRI[ID 7lIIi 7 Fun lIl(!fltf. -,-I --- cnmrn it�I mrmr ca za14 Front F.levaticm l;d"=110" Left F.levati(m 1'4"a 1'0» yyy �f Rear Elevation 1'4"=1'0" Right Elevation 1/4"=1'0" D Al2 D `n CHECK PRINT SCAtF r fD ■ 7/11/2024 ^ras:asap.:.: _....�r.�ar_c�: �.�:,,:¢ rwr�-,are-ra...::sr»... .:.ec: !-.t::u-_-...rks:r.•�a::.ss:;r-,_,.......w....,........e,A..."..,...........r,...��.. ......,... .... .. .....a.. ,,..a...........,....,....,..._ Q -0 W f0 SZ F, 00 u 0q N W O W lb z� 4 ! R EC o g Photograph- of Proposed-Material Color Palette for Lot 6: St. Croix is T iA IBM h % 0(14 I ;t ry � ' t V =_ =L � 0 4 z z � C 3 � i.. I 3 Ashdon Buildings, Inc. Agenda Item #24-09 page 19 of 33 LOT 7: GRAND ARUBA • L_J j • —' aAF-4 n;�mm mm�mnmm .a w Front Elevatiou 114" 1'0" Left Elevation 1 4" 1.0" N D A14 OD S Rear Elevationl4 10 Right Elevation 1/4"-1'0" fD C)" ONE imu 7/11/2024 =3 0 ......."...:�cr..».."...c....,,. ....�s.�. ....._rsrv.� .r...:-,.:.eer.:.se,�.:rrc �-r. ......r.,,.. ..s»...,....._ ..,......._.,....."...»......,....,...,.....,...,. »..,.....".......,....,.,,".,.«,. ...........,,....,.,.,..,,...,....,......... Q fUQD (D Q N 7 C 3k UQ p 1v to , p. w 6 w to -Photograph of Proposed . . . ■ . Palette for LotGrand Aruba - : ! , � , j � �y E n @a y! a . . . . . .___ . . <% . . . . . e : ��. « ? « . y � . a » © .mx . 0-0 © ©»�:)ƒ .,. . r�. . eaw.�,». . . . . «. .. . . � c . ,m . . . . . Ashdo\Buildings, Inc. Agenda Item #24 O9 page 21 of 33 Window • • uct Information a f do MODELS 1355 & 4300 areinforcements and a constant-force balance system,these single-hurg windows provide beauty and long-lasting strength Pop lar with builders,contractors,and homeowners,there single-hung windows merge aesthetic qualities with energy- efficient attributes.Combining a traditional brickmould exterior and timeless color options with optimally placed metal and performance for new and existing homes. What you can expect ENERGY-EFFICIENCY Our dual-pane insulated glass helps save on heating and cooling costs while enhancing home comfort. In cool weather,it provides outstanding thermal performance to eliminate cold spots near windows. In warm weather,insulated glass reduces solar heat gain and minimizes interior glare. CONVENIENCE AND STYLE Brickmould exterior profile creates timeless appeal Surface-mounted,forced-entry-resistant locks provide a stronger,safer seal Full-length lift rail and constant-force balance system for easy opening and closing Tilt-in bottom sash for easy cleaning True-sloping sill optimizes water drainage and eliminates need for weep holes Easy sash and fixed glass removal for efficient drywall pass through during construction •Optional window operating control device for enhanced safety V2000 SERIES{MODELS 135E S 4200 Ashdon Buildings, Inc. Agenda Item #24-09 page 22 of 33 WindowProduct • • Engineered to perform Create a customized look Welded,multi-chamber frame and sash Enhance your home's spaces with a variety Metal-reinforced lock rail and bottom sash finish options and grid configurations. Available frame styles:mounting fin,finless 3 lw'frame depth FINISH OPTIONS Integral J-channel EXTERIOR INTERIOR Available with 31/2"flat casing and factory-applied drywall returns Wood extension jambs available for 4 9hc'and 6 MG"wall depths Wmue Whlee Min and max sizing - MAX MIN MAX 16`/A- 48' 23' -- CONTINUOUS HEAD S SILL(CHS)•MAX Turin 37!' 74' Kash Win_ Turn 5 H�' (cMarau Unr'_I 74• Slack M.itte 35 H' 74' ;Each wino::,_' Triple (Gverail unFJ 10B' ]4' Avaibbla it Ve'inaarnants.DP upp.d.required for any—It grmter It.-94•tall. 'll5 available or%X.00 XXXa1d000c figura(icns. Energy efficient glass COMMON GRID TYPES Optional tempered glass adds additional strength and obscure or rain I glass allows light in while protecting privacy. I �l I I � Low-E glass 0.33 0.28 29 Flat Sculptured Simulated GhdS-Between- Grids-Between- Divided Lite Low-E glass with grids 033 0.25 29 the-Glass the-Glass Argon and Low.E glass 0.29 0.28 29 Argon and Low-E glass with grids 0.29 0.25 29 HP Low-E glass 0.37 0.23 29 o Exterior paint not avatlablewith clay Mcria HP Low-E glasswith grid. 033 0.20 29 Argon and HP Low-E glass 0.30 0.22 29 Argonand HP Low-E glass with grids 0.30 0.20 29 Northern ENERGY STAR*Low-E glass 0.30 0.53 29 Northern ENERGY STAR"Low-E glass with grids 0.30 0.47 29 Not?:all values Casac on staroard 3/4'dual pane Insulated glass unit unless noted otherwise FEZ heap.—LE-RIINp f tog,fir See addi-nal product and O" warranty information online. M'• Build boldly by choosing a range of MI window and door styles with expansive views,contemporary framing and hardware. miwindows.com/V2000 MII355-43005H-O>-21«Copyright 2021,MITER Bnntls.LLC,NI Rp Ms Reserved Ashdon Buildings, Inc. Agenda Item #24-09 page 23 of 33 Example of StocktonGarage ■ . . , strap hinges or handles . , . used) �} \\ �\ \ Ashdon Buildings, Inc. Agenda Rem #24-09 page 24 of 33 Site • • v e� wI� e� s *_ Ashdon Buildings, Inc. Agenda Item #24-09 page 25 of 33 Site Photos >.t+S - s �r A Yr. �M .MiY Site • • 1 ' n { r , e . r h - Ashdon Buildings, Inc. Agenda Item #24-09 page 27 of 33 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Ashdon Builders,Inc. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. William D.Cross Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William B.Cross Arthur D.Cross,Jr. Robin V.Hirsch • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Ashdon Builders 1,LLC,Ashdon Builders 2,LLC,MCI LLC,506 Cavalier Drive LLC 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. '"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. Pe ised 09.23.202_ Ashdon Buildings, Inc. Agenda Item #24-09 page 28 of 33 Disclosure Disclosure Statement w Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ®No Y If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 0 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Jones,Madden&Council,PLC Michael Council 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes IN No • If yes,identify the purchaser and purchaser's service providers. P,evised 09.28.2021 2 1 P a g e Ashdon Buildings, Inc. Agenda Item #24-09 page 29 of 33 Disclosure Disclosure Statement T3 c:�,rr•;�rr�aem� p Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. Applicant signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title William D.Cross,Vice President,Construction and Design Date Is the applicant also the owner of the subject property? ❑Yes E NO • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ I Elrw draft.m of Date Sitr<ature Print rams `"--- Revised 09,28.202I 3 f P a g e Ashdon Buildings, Inc. Agenda Item #24-09 page 30 of 33 Disclosure Disclosure Statement 11D City ofVirgtnea&vu5 Planning�g&Communi ty p PIN Owner Disclosure Owner Name Ashdon Builders 1,LLC Applicant Name Ashdon Builders,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes;list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William B.Cross Arthur D.Cross,Jr. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Ashdon Builders,Inc.,Ashdon Builders 2 LLC,MCI LLC,506 Cavalier Drive LLC Known Interest by Public Official or EmploVee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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 an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 09.28.202 5 I P a g e Ashdon Buildings, Inc. Agenda Item #24-09 page 31 of 33 Disclosure Statement Disclosure Statement Qty ufVinjintn 8mdt h Planning&Community � Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have�real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Wainwright Real Estate,Jamie Roser 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ NO • If yes,identify the firm and individual providing the service. Jones,Madden&Council,PLC Michael Council 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes,identify the firm and individual providing the service. Land Planning Solutions,Inc. Jill Hunter S. Is there any other pending or proposed purchaser of the subject property?❑Yes E No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the company and individual providing the service - Ashdon Builders,Inc. William B.Cross 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Land Planning Solutions,Inc. letf Huentelman Revised 09.28.2021 6 Ashdon Buildings, Inc. Agenda Item #24-09 page 32 of 33 Disclosure Statement Disclosure Statement '( (lry of virg i�Rmo4 Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑ No • If yes,identify the firm and individual providing legal the service. Sykes,Bourdon,Ahern&Levy,PC R.Edward Bourdon,Ir.,Esq. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title William B Cross,Manager Date 6'7;2t24 Revised 09.28.2021 7) Pa8 - Ashdon Buildings, Inc. Agenda Item #24-09 page 33 of 33 CITY OF PLANNING & COMMUNITY DEVELOPMENT V I RG I N I A Historical Review Board V1' 'PvP 2875 Sabre Street, Suite 500 ''d�� BEACH Virginia Beach, VA 23452 July 24, 2024 Ashdon Buildings, Inc. 321 Great Bridge Boulevard Chesapeake, VA 23320 Sent by email only to donnie@ashdonbuilders.com. RE: Certificate of Appropriateness Application #24-09—Ashdon Buildings, Inc.—North Landing Estates: New Construction—2487 North Landing Road -GPIN 14948048930000- Courthouse Historic & Cultural Overlay District Dear Ashdon Buildings, Inc., On July 17, 2024 a Certificate of Appropriateness was issued by the Historical Review Board for new construction of seven (7) homes in the previously approved North Landing Estates subdivision subject to the following conditions and exhibits: 1. The houses to be constructed in North Landing Estates shall be in substantial conformance with the submitted elevations and color renderings as prepared by Ashdon Builders and dated July 11, 2024. 2. The proposed models shall be located on the lots as identified on the submitted elevations and color renderings as prepared by Ashdon Builders and dated June 7, 2024. 3. The gable roofs proposed over secondary exterior doors on the Princess Anne Model (Lot 1) shall instead be a hipped roof of the same scale. 4. The exterior garage man door proposed on the Grand Aruba model shall be moved to be centered between the two upper-story windows and shall be constructed as such on both lots planned for the Grand Aruba model. 5. No more than three of any one model shall be constructed in the development. 6. No two houses of the same model shall be constructed side-by-side. 7. Materials used in construction shall be limited to the previously approved palette. 8. Windows shall be vinyl, simulated divided liter with grille-between-glass or exterior- applied grilles. Grilles shall be sculpted rather than flat. (757)385-4621 virginiabeach.gov/historicalreview J u ly 24, 2024 Ashdon Buildings, Inc. Page 2 of 2 9. Photographs of the completed construction shall be submitted to Historical Review Board Staff within three months of completion. 10. Contact the Historical Review Board prior to undertaking any unexpected repairs to confirm whether additional review is necessary. 11. Contact the Historical Review Board prior to implementing any revised plans for exterior alterations to the building or site. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at PreserveVB@vbgov.com. Sincerely, Elizabeth Nowak Planner II Enclosure: Site Layout (Approved under COA#22-03) (1 page) Material Palette (Approved under COA#22-03) (1 page) Approved Colored Building Renderings for the Proposed New Dwellings (7 pages) Approved Window Product (2 pages) Approved Stockton Garage Door(1 page) cc: Ashdon Builders 1, LLC Building File (757)385-4621. .._ . . virginiabeach.gov/historicaIreview NORTH LANDING ESTATES Ashdon Builders AppROVEU North Landing I" ( ? awr.u■ew.a.na..«aI+M/h« n<r wn«M�.a.w rw++E+ !h_±!t • I Conceptual Master Plan ow S,1w.,a„R,„...a • -L� Vtguxa Bead,,AV,- „ya�,...+vns.trrwep'w. 4M.+M..IK COA 42"a 1114 22. aY' ,,• Sepb lbw 15.2D21 Rev.Marc^4,1022 Am M nen,s :-m.00 SIT£DAIA: }�15 w.w,.csw wD P. c—dVA s S of COA 02"JI, I" a dwo.MMI M rMInM Nr NM rMar `a'//�� . wv a�� Il4)13af Ioe6lDir N • -A Nn....iMvt.ar.rMRNw. ,y;f",-'. ,� ``"� '\, ra��� :I6..i. t2Aiaaf.i�.rha•�;ars _�. -ems--. ......M.,..R APPROVED vr,.o uaw er iuuo.�a.aw eoara • VIiMm'SWIN6 WRi , a cgs} \ Lot 1 Princess Anne Model Lot 2 ST Croix Ranch Model LOT 1:PRINCESS ANME _ t J - I, .. � �� 1 \� � Lot 3 Grand Aruba Model Lot 4 ST George Model Lot S Galiano Model c Lot 6 ST Croix Ranch Model Lot 7 Grand Aruba Model LOT C ST,GEORGE • � � A •. '��.", LOT 2:Si.(:RO.X �:.i=i iRr. •F � t ra a 'T+$P'6YMN1 �fYflk�]i'Y l� Lo M1 L Q Lal i .I ;W I-, — - - •m.ae. -_- Lol:caaea aRuaA air rn -- D Ln se{ Fl l 0- - o v m r is it oTa O N Ln u2 O � W lfl NORTH LANDING ESTATES I Ashdon Builders NLE EXTERIOR MATERIALS throughout the community.[materials approved 03/16/2022] BRICK: Pine Hall Blackmore,Redland Brandywine,Redland/Lawrencevltle Shenandoah,Triangle Northampton MORTAR: Roanoke Grey,Roanoke Straw • SIDING:JAMES HARDIE-Plank Lap,Select Cedarmill I Vertical Panel Board&Batten I Shake Shingle Straight Edge ` 0 ""'""""""" "' °'" " °"""" ,.. o max+. ,°rear • Arctic White,Cobblestone,Rich Espresso,Light Mist,Evening Blue,Pearl Gray,Night Gray • ROOF: IKO Cambridge Architectural Shingle-Charcoal Grey,Driftwood 1 STANDING METAL ROOF:Sheffield Metals,Low Gloss-Black,Dark Gray1 • SHUTTERS: Mid America Board&Batten 4-Board Closed-Black FRONT DOOR: 2-Panel,3-Lite Door-Minwax Gel Stain,Walnut mom * • GARAGE DOOR:Wayne Dalton,Sonoma panels with Stockbridge Glass top,No straps/pulls-White Brandywine Shenandoah Slackmoor COLUMNS: Square,no decorative scroll accents-White ___ __ _ _. _ __.__ • WINDOWS: 3-lite top with 1-pane bottom,White loss "n • WINDOW TRIM/CORNER POSTS:Jamie Hardie-Arctic White "r hr r ooe WMra fXIEHp/I VIEW —!�eryi4h.tN. METAL WRAP/VINYL SOFFITS:White = r GUTTERS:White or EggshellRE III]ED El E lasorm Ifi�l III IiII III i 1WJ'�IID I�Illlll Ull�lillll�IllLJll '� �� Groot-Door-�-DEneb3lite-V/AINUT NHnE-4L'ae-Gusge-Door -Y RICH-ESPRESSQ` D D � Ln c Q ,. ._, .. ,,,_. �rznc vaerE ease .., �, .<... uartratsteae [vnmrrcewea+.nki.v Jsr+rm�. O Q v � v rD rrDD 3 Q -,I *k UU rV in —h W O n W lD Colored Building Renderingfor-Lot 1: Princess Anne APPROVED BY HISTORICAL REVIEW BOARD `J�1Q11I�I str3cruneG��'V 1 Record Number:coAm4-0912024-HIST-00016 HiMM Approval Date:07117Y2024 Signed By:817 U Nowak yyF' PLANNING AND COMMUNITY DEVELOPMENT F 2 C Lao I E Fl ' \ r d LL c_ , LL 6 { s is FL W z crr_i Z _ i II !L1 � _ Lu r— ; C- C I g Ashdon Buildings, Inc. Agenda Item #24-09 page 8 of 33 Colored Building Rendering for Lot 2: St. Croix APPROVED S31VIS9 BY HISTORICAL REVIEW BOARD Record Number: Approval Date:07/1712024 Signed By:EfizateraN—ak PLANNING AND COMMUNMY DEVELOPMENT tj AshdVn Buildings, Inc. Agenda Item #Z4-09 page l0of33 Colored Building Rendering • • GrandAruba APPROVED SAIVIS3 BY HISTORICAL REVIEW BOARD 9NIONVI TC4�J Record Number: cona24-0e12024-Nlsr-00016 FI.L2I01�T Approval Date:07/172024 Signed By:Elizabeth Nowak ti PLANNING AND COMMUNITY DEVELOPMENT r 6 J i., 3 Per Condition 4, _ s the exterior garage man door ; shall be centered II between the 2 . upper-story windows. � y k V Y ' w w `9 6 3 }lam 6• �9 Q D C-ry -t Ann € -�'�� I aI Ashdon Buildings, Inc. Agenda Item #24-09 page 12 of 33 on a m a z a. o a m • z < = z = • GZi m Q z F O m 1 O z o z o 3 F o a D � •• O z z 6m n m > C • LOT 4: ST. GEORGE s D M mrmmm�m�mmmm�m =n mrnmmmm��ninmmmn __ ., 1AL z�w Front Elevation 1 4" 1'0^ Lett Elevation 114" PO" JV �{ 1 T — i FJ 40- IdHi ---------- T RearFlevatiml/4"=IT" Right Flevatinnl/4"=IYY' H I 0 r fD M• 7/11/2024 C _ W W rD � � c D N 3 N aq O •A W O W l0 D A w O N v 0 0 2 W • Z m w { � < - Z 2 � • D F O no 1 O o n z o D c A Oz m 0 0 � � • LOT 5: GALIANO m = Wm 3 0 v 1 ---------------- ----- 1 ih -na�rr�r.�w�srw �T, 1 -- - (j ---------------- z • Front E1cvition 1,4"-F0" Left Elevation 1/4"-110" --�-� -_ {01 ' -- --- --- - l __-__---- ---_-------- D Rcar Elevation lf4"=1'0" Right Llcvation 1/4"=1'0" A 10 3 CHECK PRINT SCALE r (� IZ I mt■ 'NM 7/11/2024 � � w,.sd��..t�:er,........E-+scsz,zr_ .�_.......�..�rus�.x.•-+..�..'raz..e..�.r�.:....,�,w...,_,.rs.:::,:Yua'...,._s,.,.,.w.,...ew._..,.,.....,w.,.=...,...,..._......,...._,...,w,......,......,.w,w..._.>R.,,..e......,,,.,..,..,.,.�.,... a fv rDD O N m :k Oq O N N W O P , W l0 8 \ a • 2 d < /7 z m Z � • o O m , 0 0 n o D 3 f o u •• �o0z m 6 m v N :E C • LOT 6: ST. CROIX o N o M h~\ r` \ gi � •`., . Illllfll ill IIllILII UI)II�11 IIlltl➢t ••K•,•..• ••• t IiQIfUl1111Ufif IIIDfIf117Ulliflf • filllffhU-IDflClf UIIIII(1fI IUCIIIC �7-,[may • Q.a W Front F.levalicrn 1;4"=1'0" Left F.levati(m 1f4•-1V I Rcar Elevation 1 4"=IV' Right Elation 11"=1'0" D Al2 D CHECK PRINT SCALE (D Ism r 7;1112024 � � ^rays.,......:�n�:r.a•.-._..ra_,::rye.*�r.�:��.,�w..ar.,:....ara^..�...;rs�, ...w....��_r.:���sx.�::s::ra......,.._,.....,........e.,«,...«=...r__..,.,....=...ra....,,..,..,....�...._.,.,.._�...�.,,.......,....�,...,......._.,._.. Q -0 W 3 N � 00 :M 0,0 O N N W l� n Colored Building Rendering for Lot 7: Grand Aruba APPROVED SALVLS9 BY HISTORICAL REVIEW BOARD sxrti>t{ 'JNiUN�'r ar��r�7�,V Record Number:COA*24-0912024-HEST-0001e Tr.LNOI�T Approval Date:07/172024 Signed By:dam'Nowak PLANNING AND COMMUNITY DEVELOPMENT41 -- I Per Condition 4, - the exterior garage man door C shall be centered i. between the 2 upper-story 1 windows. < L r F F L L 0 t 4 i Q 1 $' Him _ d a t1 e" F— _ 33 O a I it Ashdon Buildings, Inc. Agenda Item #24-09 page 20 of 33 Window • • uct Information APPROVED BY HISTORICAL REVIEW BOARD COA#24-09/2024-HIST-00016 • """ r• - � " Record Number. - "t" { Approval Date:oTn7no24 '-?; Signed By:Elizabeth Nowak � �1 � �. +-t PLANNING AND COMMUNITY DEVELOPMENT 4 • • Single-hung window gg ¢S MODELS 1355 & 4300fi .. e. Popular with builders,contractors,and homeowners,these single-hung windows merge aesthetic qualities with energy- exterior and timeless color options with optimally placed metal reinforcements an i a constant-force balance system,these single-hurg windows provide beauty and iong-lasting strength and performance for new and existing homes. :. What you can expect ENERGY-EFFICIENCY Our dual-pane insulated glass helps save on heating and cooling costs while enhancing home comfort. In cool weather,it provides outstanding thermal performance to eliminate cold spots near windows. In warm weather,insulated glass reduces solar heat gain and minimizes interior glare. 1 CONVENIENCE AND STYLE Brickmould exterior profile creates timeless appeal Surface-mounted,forced-entry-resistant locks provide a stronger,safer seal Full-length lift rail and constant-force balance system for easy opening and closing Tilt-in bottom sash for easy clearing True-sloping sill optimizes water drainage and eliminates need for weep holes Easy sash and fixed glass removal for efficient drywall pass through during construction •Optional window operating control device for enhanced safety By MITER Branci9 v V2000 SERIES/M60El s 1355 6 6300 Ashdon Buildings, Inc. Agenda Item #24-09 page 22 of 33 Window • • uct Information Engineered to perform Create a customized look Welded,multi-chamber frame and sash Enhance your home's spaces with a variety Metal-reinforced lock rail and bottom sash finish options and grid configurations. Available frame styles:mounting fin,finless 3'A"frame depth FINISH OPTIONS Integral J-channel EXTERIOR INTERIOR Available with 3 t/i'flat casing and factory-applied drywall returns Wood extension jambs available for 4 9ha"and 6 9/16"wall depths wI lteearRR wnrcRea,P„ Min and max sizing t r .iN MAX .r CONTINVOV3 HEAD S SILL(CHS)-MAX Bronz Irwin 37-le 74' ILcct-.WIC n-, Twin (Overall Uri') 75%' 74' Black Matte 35-Al 74' (Each wk,_,I Triple (oacwaa Uri•,) 108' 74' Available in l/0'incremanin.DP upgrade required for any unb orearor Man 84"Iall. cHs...ilab:e cr XX.CC XXX.and COO ccneg.uaticrs. Energy efficient glass COMMON GRID TYPES Optional tempered glass adds additional strength and obscure or rain glass allows light In while protecting privacy. Low-E glass 033 0.28 29 Flat Sculptured Simulated Grids-Between- Grids-Between- Divided Lite Low-E glasswith grids 0.33 o.25 29 the-Glass the-Glass Argon and Law-E glass 0.29 0.28 29 Argon and Low-E glass with grids 0.29 0.25 29 Hp Low-E glass 0.33 0.23 29 a E—lor paint nutevoilable wwth clay Interior HPLow-Eglasswithgrids 0.33 0.20 29 Argon and HP Low-E glass o.3o 0.22 29 Argon and HP Low-E glass withgdds 0.3o 0.20 29 APPROVED Northern ENERGY STAR•Low-E glass o.3o 0.53 29 BY HISTORICAL REVIEW BOARD Northern ENERGY STAR"Low-E glass with grids 0.30 0.47 29 Record Number; COA#24-09/2024-HIST-00016 Note:all values based on standa(d 3/4'duel pane Insulated glass une unlass rbtaC or—me ` Approval Date:07/17/2024 Qkip's va000........... Lui�1 ® T3®S Signed By:Ell2abeth Nowak 5eeadditional noductand Q warranty informe[ior.online. PLANNING AND COMMUNITY DEVELOPMENT M'w Build boldly by choosing a range of MI window and door styles with expansive views,contemporary framing and hardware. miwindows.com/V2000 MN355-43005H-07-23 L copyright 2D23.MRER er-a.LLC.NI Rig Ms Reserved Ashdon Buildings, Inc. Agenda Item #24-09 page 23 of 33 Example of Stockton Garage Door (No strap hinges or handles to be used) APPROVED BY HISTORICAL REVIEW BOARD Record Number:COA#24-09/2024-HEST-00016 Approval Date:0 7/1 712 0 24 Signed By:Elizabeth N—k PLANNING AND COMMUNITY DEVELOPMENT Ashdon Buildings, Inc. Agenda Item #24-09 page 24 of 33 Planning & CITY OF VIRGINIA BEACH Community HISTORICAL REVIEW BOARD Development DRAFT MEETING MINUTES Wednesday, July 17, 2024 4:00 P.M. Planning and Community Development 2875 Sabre Street, Suite 500 Approved as Amended September 18, 2024 Members Present Steve McNaughton, Chair; Dick Poole, Vice Chair Hayden DuBay, Lynn Hightower, Bernice Pope,Jim Vachon Members Absent Mary Ann Schmidt, Damian Seitz City Council Liaison Barbara Henley City Staff Liaison Present Elizabeth Nowak City Staff Present Alexis Bailey, Kristin Bauer Applicants/Applicant Representatives Attending Rosa Ashdon, Donnie Ashdon Jr.,Jamie Ashdon (COA#24-08) The meeting was called to order at 4:05 p.m. by the chair, Steve McNaughton. Minutes Mr. McNaughton asked the members to review the minutes from the June 20, 2024 meeting. Dick Poole made a motion to approve the minutes as presented.The motion was seconded by Jim Vachon. The minutes were approved by a vote of 4 in favor, 0 against, and with 2 abstentions by Bernice Pope and Lynn Hightower as they were absent at the June meeting. 1 Certificate of Appropriateness Application#24-08—Ashdon Builders 1, LLC—Request to construct 7 single-family dwellings; 2487 North Landing Road, GPIN 1494804893 —Courthouse Historic and Cultural District Elizabeth Nowak gave an overview of the application.This applicant had previously received a COA from the board for demolition of existing structures on the property and for the overall layout of the proposed seven-lot residential subdivision.The current application is for the final designs of each house to be constructed, as was conditioned in the previous approval. Ms. Nowak summarized each proposed design,focusing on alterations made to two of the models: the Princess Anne, which is proposed on the corner lot at the entrance of the development, and the Galiano, which had previously been proposed for the corner lot and has been relocated to the center of the new lane. She noted that the Princess Anne draws heavily on vernacular Victorian design and is highly complementary to existing and past houses on North Landing Road. Changes made to the Galiano model are primarily associated with material cladding and colors. Ms. Nowak noted that Staff and the applicant had questions about a small overhang treatment proposed on an exterior garage man door on the Princess Anne model.The applicant proposed a gable/pediment treatment. Mr. Poole said that he preferred a shed roof or a similar hip roof as shown on the bay windows on the front of the house as a gable treatment would be very prominent. Ms. Pope said that she preferred having an overhang to having no protection of the door and that she had a slight preference for a gable. In reviewing the elevations, color schemes, and proposed material combinations for the remainder of the designs, few concerns or questions were raised by board members. Ms. Pope raised concern about the location of an exterior garage man door on the side elevation of the Grand Aruba model and requested that it be relocated to be centered between the upper story windows.There was general agreement from other members. Mr. Poole made a motion to approve the application with Staff's recommendations in the staff report. Mr. Hightower seconded the motion.There was discussion to clarify whether the motion included the modifications requested to the overhang on the Princess Anne model and the side doors on the Grand Aruba models. Mr. Poole amended his motion to include the following two conditions in addition to the Staff's recommended conditions: 1) center the exterior garage man doors on the Grand Aruba models between the upper story windows on both constructed models and 2) use a hip roof of the same scale as currently shown on the exterior garage man door of the Princess Anne model. Mr. Hightower seconded the motion. There was no additional discussion. The motion passed with a vote of 6 in favor and 0 against. Staff Update Ms. Nowak shared a general reminder that those with upcoming October term expirations need to submit reappointment request forms to her as soon as possible to be remitted to the City Clerk. 2 Old Business The board reviewed the draft Annual Report for FY24. Mr. Hightower noted that the expiration date for his current term was incorrectly notated. Mr. Poole and Ms. Pope asked that a recommendation be included to City Council regarding the appointment of a second liaison for the board to help provide additional coverage when liaisons cannot attend meetings due to scheduling issues. As the board had also raised concerns at the June meeting that City Council often only heard from the Historical Review Board when an appeal was pending, Ms. Nowak also suggested that the board work an annual briefing to City Council into its regular annual schedule.There was general agreement to that and it was suggested to try and target January or February as ideal times to touch base with the full City Council. Mr. Poole made a motion to approve the draft annual report with minor edits as required by Staff for departmental formatting and with the correction to Mr. Hightower's term date and the addition of the second recommendation to Council. Mr. Vachon seconded the motion.There was no additional discussion.The motion passed with a vote of 6 in favor and 0 against. New Business There was no new business. The meeting was adjourned at 5:00 p.m. 3 Certificate of Appropriateness W New Construction CiXyofl'i�iniaBeach Planning & Community Development Application Information A Certificate of Appropriateness (COA) is needed for any project that will affect the exterior of property located in one of Virginia Beach's Historic and Cultural Districts. Every month,the Historical Review Board (HRB) meets to review COA applications. (See the last page of this application for general meeting information.)The COA review process ensures that development or redevelopment in a Historic and Cultural District is compatible with its historic character. Projects that primarily involve new construction should use the following application. New construction includes: • New primary buildings or structures(e.g., houses, apartments,stores, offices, etc.) • New accessory buildings or structures (e.g., detached garages,gazebos, etc.) • Additions to existing structures (e.g., porches, decks, new dormer, rear sunroom,etc.) Complete the following application and follow the instructions on page 6 of the application to submit to HRB Staff. Once your application and supporting materials have been submitted,you will be contacted by the Planner assigned to the project who will assist you and/or your representative during the review process.There is no fee for applications for Certificates of Appropriateness. The HRB meets on the 3'd Wednesday of each month at 4:00 p.m.COA applications are due on the 10th of the month prior to the month of the HRB meeting(ex. due 10th of April for May meeting agenda). If the 10th of the month falls on Saturday,Sunday, or a holiday,then applications are due on the first business day following the weekend day or holiday. Submit your application via email to mreed@vbgov.com with the subject line "COA Application" and the project address.You can also drop off or mail the application to Mark Reed Department of Planning&Community Development 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452-7385 Project Documentation Drawings should be to scale and like drawings should use the same scale.All drawings should be sized to 11"x17"or 8.5"x11';do not submit documentation on pages larger than 11"x17."Include all dimensions on drawings. Label drawings with cardinal directions(do not use "right"or"left"). Elevations and renderings should identify building materials and colors. ❑ Concept layout plan of new development ❑ Architectural elevations (in color,to scale)showing all elevations for new construction ❑ Sign package(if applicable) ❑ Recent color photographs, including a wide view that shows the project setting ❑ Material information and specifications (e.g., cut sheet, product brochure) Staff may request additional documentation,such as material samples,as needed. Page 1 of 2 Certificate of Appropriateness New Construction Cit�ofVirginiaB Planning & Community r Development Project Information Date: 16/9/2025 Name of Project: North Landing Estates Street Address of Project: 2524, 2520, 2516, 2512, 2508 Peaceful Lane Historic and Cultural District: Courthouse Property Owner Name: �Ashdon Builders 1 , LLC Property Owner Mailing Address: 1321 Great Bridge Blvd., Chesapeake, VA 23320 Property Owner Phone Property Owner Number: 757-436-3757 Email Address: Barry@ashdonbuilders.com Applicant/Representative*: FWilliarn D. Cross (Donnie Jr.) *If different from property owner. This person should have the authority to commit changes to the project. Applicant Organization and Position: lAshdon Builders, Inc. Applicant Mailing Address: 1321 Great Bridge Blvd., Chesapeake, VA 23320 Applicant Phone Applicant Email Number: [757-508-7566 Address: Bonnie@ashdonbuilders.com Type of New Construction (select all that apply): ❑ Single-family residence ❑ Garage ❑ Multi-family residence 8 Accessory structure ❑ Commercial building ❑ Addition to an existing structure ❑ Mixed-use building ❑ Other ❑ Institutional Building Page 2 of 2 Certificate of Appropriateness v" City of Virginia Beach New Construction Planning & Community ~- Development Are there other applications associated with this project? (e.g., Conditional Use Permit, Conditional Rezoning,Zoning Variance, etc.) BYes ❑No If yes, describe below and include the application number.Attach an additional page if necessary. Previous Approval COA approvals #22-03 and #24-09 dated July 24, 2024 112-15950 Land Disturbing Activity and/or Stormwater Management 112-15950 Right-Of-Way Improvements Brief Proiect Narrative Summarize your project. Include any information regarding signs, site improvements, or demolition. Attach an additional page if necessary. This COA is for subdivision fencing only, installed behind Lots 1-5 on the left side of the community, and on the right side installed behind the veterinary building, which will have street trees placed in front of the fencing as per approved landscaping plan. Signage, site improvements, demolition and materials have already been approved previously through COA#22-03 and COA#24-09. Page 3 of 6 v:04-2021 Certificate of Appropriateness v" City of Virginia Beach New Construction Planning & Community Development Proposed Materials If any materials are marked as "Other,"please include a description in the project narrative on the previous page. Foundation ❑Slab ❑Block El Brick ❑Pier ❑Other Cladding/Siding El Brick ❑Stucco El Lap Board ❑Shingle El masonry other ❑Other than brick Roof ❑Asphalt ❑Cedar ❑Slate ❑Tile ❑Standing El Membrane ❑Other Metal Doors ❑Wood ❑Steel ❑Aluminum ❑Glass El Fiberglass ❑Other Windows ❑Wood ❑Aluminum ❑Aluminum El Fiberglass ❑Other wood-clad Lighting ❑Ground ❑Pole/Post ❑Soffit ❑Wall- ❑Other mounted Trim []Wood ❑Metal ❑ Composite ❑Other Fence/Wall ❑Wood ❑Metal ❑Brick ❑Stone ❑Composite Bother White vinyl privacy fencing,as previously specified in COA#24-09 dated 06/10/2024 and approved 07/24/2024. Page 4 of 6 v:04-2021 Certificate of Appropriateness V" City of Virginia Bench New Construction Planning & Community Development Summarize any site improvements, landscaping, or other surface changes included with this project. White vinyl privacy fencing installed behind Lot 1 (2524 Peaceful Lane), Lot 2 (2520 Peaceful Lane), Lot 3 (2516 Peaceful Lane), Lot 4 (2512 Peaceful Lane), Lot 5 (2508 Peaceful Lane), and along the right side of the community when entering from N. Landing Road that runs along the back/side of the veterinary building, which will have street trees planted in front of the fencing, as per approved landscape plan. Sign Details Select all that apply. Sign Type See Section 210.2 of the Zoning Ordinance for definitions of sign types. ❑ Freestanding sign ❑ Projecting/blade sign ❑ Hanging sign ❑ Wall-mounted sign ❑ Monument sign ❑ Other ❑ Pole sign Number of Signs to be Modified ❑ 1 ❑ 2 ❑ 3 Sign Illumination ❑ Non-illuminated ❑ Externally illuminated,ground-mounted light ❑ Externally illuminated, building-mounted light ❑ Other Page 5 of 6 v:04-2021 Certificate of Appropriateness W City of Virginia Beach New Construction Planning & Community Development Historical Review Board (HRB) General Meeting Information HRB Meeting Date: The HRB meets on the 3`d Wednesday of each month at 4:00 p.m. HRB Meeting Location: The HRB meets in Conference Rooms 1 and 2 in the Department of Planning and Community Development offices—2875 Sabre Street,Suite 500, 23452. The applicant or a designated representative must attend the Historical Review Board hearing. Application Deadline: COA applications are due on the loth of the month prior to the month of the HRB meeting(ex. due loth of April for May meeting agenda). If the loth of the month falls on Saturday, Sunday,or a holiday,then applications are due on the first business day following the weekend day or holiday. There is no fee for applications for Certificates of Appropriateness. Considerations: Only completed applications submitted by the application deadline will be considered for review.A completed application is defined by the following: • An application form with all sections of the application complete and with relevant signatures. • Completed applicant and owner disclosure statements. • Project documentation per the checklist in the application. Applicants are encouraged to discuss proposed projects with staff in advance of submitting project applications. HRB Staff Contact: Mark Reed, Historic Preservation Planner, (757)-385-8573 or mreed@vbgov.com Application Submittal: Via email at mreed@vbgov.com or you may drop off or mail to: Mark Reed Department of Planning&Community Development 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452-7385 Page 6 of 6 v:04-2021 Authentisign ID:005404F8-5945-F011-8F7C-00OD3A8A9982 r C. ROE r r r is+ 1 ;dam � + inair +_a,ID:o m mavw7C-00O_8A9962 ��. , . . ,. . . .. �\ .��� . . �. » , yp �����» w. y: .a «m«: . . - � � . . . . . . . . . . Authentisign ID:005404F8-5945-F011-8F7C-OOOD3A8A9962 t, ,M Sit � r�` Auth_ romsavcz__m .:. : . . . �y. . . �e - «y» Authentisign ID:005404F8-5945-F011-8F7C-00OD3A8A9962 r. a i __kne 005404Fw m, co_»962 - » , . . .�y. . � «- . 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Agenda Item #25-12 A••licant: Ashdon Builders Historicalvs� i•. • 2025 Historical1istrict: Courthouse Project Details Request Certificate of Appropriateness Install privacy fencing—white vinyl b O O Staff Recommendation Denial �¢ pN9l � Staff Planner Mark Reed m 9� Location <Z Peaceful Lane , r GPIN former GPIN 14948048930000 s` o� r. � A R > Y i w 1 City of Virginia Beach Agenda Item #25-12 page 1 of 17 Background SummaryofProposal • The applicant is requesting a Certificate of Appropriateness COA to: o Install a 6-foot-tall white vinyl privacy fence on the east boundary of the North Landing Estates parcels and on the west side of Peaceful Lane in the North Landing Estates development • The Courthouse Historic and Cultural District was established on May 12, 1969, and was expanded in 1987. The district encompasses over 300 acres and is a mix of governmental, commercial, and residential use. • The Historical Review Board issued a COA (#22-03) March 16, 2022, to Ashdon Builders 1 LLC for the demolition of buildings/structures at 2487-2489 North Landing Road; GPIN 14948048930000.This project was to clear the site for future construction of single-family residential units. • The Historical Review Board issued a COA (#24-09)July 17, 2024, to Ashdon Builders 1 LLC for the construction of seven (7) single-family residential units at 2487 North Landing Road; GPIN 14948048930000.The COA provided approval of the layout of models, design characteristics, and materials for a 7-umit single-family residential development. • In the#24-09 COA application for New Construction, the applicant checked the box for Other under Fence/Wall and stated, "If installing fencing, the material will be white vinyl."There is no mention in the Staff Report, Minutes, or COA letter of fencing or fence materials.The applicant did not submit any product information regarding the fence materials. • In conversations with staff, the applicant has pointed out that there is an existing white vinyl fence facing North Landing Road associated with the property at 2516 Magnolia Green Loop. On April 21, 2011,the Historical Review Board issued COA#11-3 for the Courthouse Center Green project and one of the conditions approved was, "Change the fence style from picket to brick and wrought iron." On May 19, 2011, COA#11-3 was again considered, and the fence design/material approved the previous meeting was rescinded and fencing was approved "as presented in the exhibit."The General COA issued on May 19, 2011 stated, o Fencing shall be as shown on the attached fence diagram. Brick columns for the six(6) foot vinyl privacy fence shall be installed along the privacy fence adjacent to the boundary of the limited common element appurtenant to each unit along the boundary. • There is no information in the April or May 2011 minutes about the discussions on fence design and materials. • On December 15, 2021, the Historical Review Board held a hearing for a modification of a COA (#20-06)for construction of a veterinary office building at 2497 North Landing Road.The applicant proposed, "vinyl panel fencing with faux wood-graining for the rear and side yard enclosures." In the evaluation and recommendation section of the Staff Report for COA#20-06,this is the stated opinion on the proposed vinyl fencing: City of Virginia Beach Agenda Item #25-12 page 2 of 17 o In Staff's opinion,the proposed vinyl panel fencing is inappropriate for the Courthouse Historic and Cultural District.The finish,appearance,and performance of vinyl is generally incompatible with historic materials and settings and has been identified as being an inappropriate material for this district. Staff does acknowledge that in 2011, a vinyl fence was approved by the HRB within the adjacent Courthouse Green development. Staff notes that large portions of this vinyl fencing is already warping and presently has a vegetative or fungal growth on large portions, as seen most clearly in the included photos on page 21 on this report.Traditional fencing,such as a wood privacy fence,would be a more appropriate choice of material for this project. • The discussion in the December 15, 2021 minutes indicates general consent from the Board that they did not want to approve vinyl material for the fence at 2497 North Landing Road.The motion to approve modifications to COA#20-06 provided for wood or composite fencing. Composite fencing has been installed on this parcel, which is adjacent to the subject property. • The applicant for COA#25-12 has installed two long stretches (250 feet and 350 feet) of 6-foot-tall white vinyl fencing along the west and east(behind lots 1—5) boundaries of the North Landing Estates residential development. When it was brought to their attention that they did not have a COA for installation of the fencing, they responded that they thought that it had been approved as part of COA#24- 09, since they had included it in the application. • The applicant has indicated they will plant trees in front of the fencing along the west side of the property. • Ashdon Builders is requesting after-the-fact approval for installation of white vinyl fencing as is currently installed. Appropriateness of - • The Historic & Cultural District Design Guidelines prohibit plastic and vinyl fencing in the Historic and Cultural Districts. • For back and side yards, the Guidelines recommend living fence, wood boards, brick and/or wrought/cast iron. • The proposed white vinyl fencing is not an appropriate material. Evaluation - • • • In Staff's opinion, this request to install 6-foot-tall white vinyl fence material along approximately 250 feet of the west boundary of the North Landing Estates development and along 350 feet of the east boundary of the development is not acceptable. The proposed materials (vinyl) are prohibited in the Design Guidelines. City of Virginia Beach Agenda Item #25-12 page 3 of 17 The Historical Review Board recently denied installation of vinyl fencing on the parcel adjacent (2497 North Landing Road)to the west boundary of the subject property and conditioned approval of the COA for use of wood or composite material for the fences. Composite fencing material has been installed on the adjacent parcel. The Board should be consistent with this decision for the adjacent property. The parcel adjacent to the east boundary of the North Landing Estates development is the historic 1931 Courthouse Elementary School building. It is a contributing resource to the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places (NRHP) Historic District. The installation of vinyl fencing along this property boundary is not recommended as appropriate adjacent to the NRHP historic district. For these reasons, Staff recommends denial of the request for approval after the fact for installation of white vinyl privacy fencing along the east and west boundaries of the North Landing Estates Development. Staff recommends that installation of fencing in this location is appropriate with the use of materials that are specified in the Design Guidelines. The Historical Review Board approved composite materials for fencing on the adjacent parcel, and staff supports this alternative if the Board finds it to be appropriate for the subject site. Recommended Conditions These conditions are recommended to be included with a COA if the Historical Review Board and the applicant agree on the material to be used and a COA is issued by the Board for privacy fencing for the North Landing Estates Development. 1. Upon completion of demolition, submit photographs to Historical Review Board Staff at PreserveVB@vbgov.com for final review and filing with the building/project file.This shall be submitted within 14 days of completed work. 2. Contact the Historical Review Board prior to undertaking any unexpected actions to confirm whether additional review is necessary. 3. Contact the Historical Review Board prior to implementing any revised plans for the building or site not discussed in the application or Staff Report. 4. This COA shall expire on (2 YEARS FROM DATE OF APPROVAL). Should the project not be initiated before (2 YEARS FROM DATE OF APPROVAL), an administrative extension may be requested of Historical Review Board Staff for an additional 12 months.Any subsequent request for extension shall require review and approval by the Historical Review Board and may require the submission of a new COA application. City of Virginia Beach Agenda Item #25-12 page 4 of 17 Site Photo Vj. a Figure 1:View of North Landing Estates Development Site from North Landing Road City of Virginia Beach Agenda Item #25-12 page 5 of 17 Site • • �1r ' r - Figure 2:Vinyl privacy fence along east boundary City of Virginia Beach Agenda Item #25-12 page 6 of 17 Site Photo Figure 3:Vinyl privacy fence along west boundary City of Virginia Beach Agenda Item #25-12 page 7 of 17 Site Photo 1 Figure 4: Vinyl privacy fence along east boundary with the adjacent historic Courthouse Elementary School on the left City of Virginia Beach Agenda Item #25-12 page 8 of 17 t Site Photo r. Figure 5: Vinyl privacy fence along Peaceful Lane and adjacent property composite fence visible on the right City of Virginia Beach Agenda Item #25-12 page 9 of 17 Site Photo — 2497 North Landing Road jj•• 5 too .y. yA Yr ; Kid �f S ! fV Virginia Beach la Item #25-12 page 10 of 17 Site Photo • • • • � T Figure 7:Vinyl fence facing North Landing Road from Magnolia Green Loop (approved 2011) City of Virginia"Beach Agenda Item #25-12 page 11 of 17 LayoutSite *: ,, a c �. 3i§ r�rdre_1 i_t W H - : � r.�per < Aw a, Figure 8: Lot layout for North Landing Estates �«� I ».xis w.0 ..rseas:«K, ♦4- „w:•-�_�.y��_ -_-� f _ a � 1 ; ^ ! ! P RC 5[A PARK (MA -z 3 � � d _ ( ,r *+ ' f +' .6 1 I I f — - "'t rtnccr tF(40DJF1FQ4t xw) v 0 u I � _ wI Figure 9: Vinyl privacy fence locations in North Landing Estates City of Virginia Beach Agenda Item #25-12 page 12 of 17 Design • Materials Grassfield Style: Vinyl Privacy Heights: 4' and 6' Colors: hite & Almond Rail: 2'W" Pickets: 7/8" x 6" Tongue & Groove Panels: 8' Long City of Virginia Beach Agenda Item #25-12 page 13 of 17 Design and Materials I ! t FLNUL SUPPLY �.�. • tw 4 1'�,rov • i Disclosure Disclosure VIRGINIA V40 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 reol 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 Ashdon Builders, Inc. Is Applicant also the Owner of the subject property? Yeso Noe If no,Property Owner must complete SECTION 2:PROPI-RTY OWNER DISCLOSURE(page 3J Does Applicant have a Representative?Yese Noo If yes,name Representative: William D. Cross(Donnie Jr.) Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) w��,a crass ArIMr D.Goss.,k. Robe Y tfesch Does the subject property have a proposed or pending purchaser? Yeso No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 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 Nome entity and or individual Financing(mortgage,deeds of trust, e cross-collateralization,etc.) Real Estate Broker/Agent/Realtor C) O Disclosure Statement I rev. May-2024 page 1 of 3 City of Virginia Beach Agenda Item #25-12 page 15 of 17 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation (D C Jones,Madden&Council,PLC(Michaeal Council) Architect/Designer/Landscape O O Architect/Land Planner _ Construction Contractor 0 I 0 Engineer/Surveyor/Agent 0 O Legal Services 0 IF APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. William D. Cross 06/17/2025 Applicant Name(Print) Plican 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, FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 City of Virginia Beach Agenda Item #25-12 page 16 of 17 Disclosure Statement SECTION 2: PROPERTY - DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Ashdon Builders 1, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes(i Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary1 or affiliated business entity 2 relationship with the a plicant.(Attach list if necessary.) hrfl B.Cross Arthur - Ashur D.Cross,Jr. Does the subject property have a proposed or pending purchaser? Yeso Noe if yes,name proposed or pending purchaser: _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O 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 O TowneBank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor e Wainwright Real Estate,Jamie Roser Accounting/Tax Return Preparation e 0 1 Jones,Madden&Council,PLC(Michaeal Council) Architect/Designer/Landscape e O Land Planning Solutions,Inc.(Jill Hunter) Architect/Land Planner Construction Contractor e 0 Ashdon Builders,Inc.(William B.Cross) Engineer/Surveyor/Agent 0 Land Planning Solutions,Inc.(Jeff Huentelman) Legal Services e O Sykes,Bourdon,Ahern&Levy,PC(R.Edward Bourdon,Jr.,Esq.) PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in c nnection with this application. William B. Cross, Manager /17/2025 Property Owner Name(Print) Property Own rgnature Date Disclosure Statement I rev. May-2024 page 3 of 3 City of Virginia Beach Agenda Item #25-12 page 17 of 17 CITY OF PLANNING & COMMUNITY DEVELOPMENT VIRGINIA Historical Review Board Building 3, 2403 Courthouse Drive BEACH Virginia Beach, VA 23456 July 2, 2025 William D. Cross Ashdon Builders 1, LLC 321 Great Bridge Boulevard Chesapeake, VA 23320 Sent by email only to: donni?@oshdonbuilders.com Certificate of Appropriateness Application #25-12—Ashdon Builders 1, LLC— Request to construct privacy fence for North Landing Estates; Peaceful Lane, former GPIN 14948048930000— Courthouse Historic and Cultural District Dear Mr. Cross, On June 18, 2025,the Historical Review Board considered an after-the-fact application for a Certificate of Appropriateness (COA) for the construction of a white vinyl privacy fence in the North Landing Estates development on Peaceful Lane, (former GPIN 14948048930000). The Historical Review Board denied the request by a vote of 5 to 0. The denial is for the following stated reasons: • The Design Guidelines for Virginia Beach's Historic and Cultural Districts specifically prohibits use of vinyl material for fences. In its motion to deny the request to construct the vinyl privacy fence, the Historical Review Board acknowledged that a precedent for vinyl fence is present in the district and a staff error may have occurred during a previous COA (COA#24-09) hearing for the North Landing Estates development. At that time, staff did not bring forward the request for a vinyl privacy fence that was noted in the COA#24-09 application. As issued, COA 424-09 did not provide approval for a vinyl privacy fence. Ashdon Builders constructed a vinyl privacy fence along the development's eastern boundary, behind lots 1 through 5, and along the western boundary on the west side of Peaceful Lane. On June 3, 2025, staff informed Ashdon Builders the fence they constructed needed a COA. Review by the Zoning office determined that a fence permit was required for the section of fence behind lot 1, since it is a corner lot. Zoning also determined that the fence along the west side of Peaceful Lane was built entirely within the right-of-way and as such would require an encroachment agreement to be approved by the City Council. _-__._.__.._...__ (757)385-4621 virginiabeach.gov/historicalreview July 2, 2025 William D. CrossPage 2 of 2 As was explained at the June 18 meeting,the Historical Review Board's decision may be appealed to the Virginia Beach City Council. The appeal process is outlined in Section 1303(c)(2) of the Zoning Ordinance. To initiate an appeal, provide a letter (not an email)to the Director of the Department of Planning and Community Development within 30 days of June 18, 2025. The letter must state the grounds for your appeal. The address for the Director of Planning is: Kathy Warren, Director Planning & Community Development City of Virginia Beach 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 If you need further assistance, please contact Mark Reed at 757-385-8573 or by email at M Reed Ca@vbgov.corn. Sincerely, -04� Mark A. Reed Historic Preservation Planner MAR/ cc: William B. Cross (barry@ashdonbuilders.com) HRB Building File (757)385-4621 virginiabeach.gov/historicaIreview Planning & CITY OF VIRGINIA BEACH Community HISTORICAL REVIEW BOARD Development DRAFT MEETING MINUTES Wednesday, June 18, 2025 4:00 P.M. Planning and Community Development Building 3, 2403 Courthouse Drive, Conference Room 134 Approved July 16, 2025 Members Present Steve McNaughton, Chair; Richard Poole, Vice Chair Jeff Pierce,Jim Vachon, Bernice Pope Members Absent Hayden DuBay, Lynn Hightower City Staff Liaison Present Mark Reed City Staff Present Ellie Dauernheim Applicants/Applicant Representatives Attending Jason Stegemann (#25-10, 25-11) Ryan Muncy (#25-10, 25-11) Randy Allen (#25-10, 25-11) Barry Cross (#25-12) Ginny Cross (#25-12) Donnie Cross (#25-12) Jannie Roser (#25-12) The meeting was called to order at 4:00 p.m. by the chair, Steve McNaughton. Mr. McNaughton introduced Ellie Dauernheim, recently hired Planner I in the Planning and Community Development Department. Ms. Dauernheim said she recently graduated with a B.A. in Historic Preservation from the University of Mary Washington. She said she has previous experience in the field through a year-long fellowship with the City of Fredericksburg's Planning Department 1 and Architectural Review Board. She said looking forward to working with the HRB and exploring Virginia Beach. Minutes Mr. McNaughton asked the members to review the minutes from the May 21, 2025 meeting. Jim Vachon made a motion to approve the minutes as presented.Jeff Pierce seconded the motion.The minutes were approved by a vote of 4 in favor, 0 against (Bernice Pope had not yet arrived). • Certificate of Appropriateness Application #25-10—City of Virginia Beach (Department of Public Utilities), Princess Anne Village LLC—Request to construct a new pump station; 2413 North Landing Road, GPIN 14949281190000—Courthouse Historic and Cultural District Mark Reed, Historic Preservation Planner, introduced COA application #25-10. He said the application is for construction of a Public Utilities pump station near the future Princess Anne Village residential development in the Courthouse Historic and Cultural District. Mr. Reed said the pump station is proposed for a section of the development that has been set aside for commercial development. He stated that the owner, Princess Anne Village LLC and Public Utilities have an agreement for the land transfer for the pump station.The commercial site is in the southwest corner near the intersection of North Landing Road and Princess Anne Road. Mr. Reed noted that the new development will outpace the capacity of the existing pump station, so a new, larger capacity pump station will be needed.The parcel for the pump station will be set back from North Landing Road and will front on an interior street. Mr. Reed said that the proposed pump station design is a departure from the normal brick and slate roof design for most of the pump stations around the city. Dick Poole asked why the change from brick. Mr. Reed said the intent is to have it blend in better with the adjacent residential design. Mr. Reed showed a slide with the approved residential designs. Design and materials will be generally consistent with what has been approved for the residential development. Mr. Reed noted that the primary deviations are for practical, operational needs. He said the pump station needs to be constructed on a slab and requires a steel door. He showed a slide with the proposed design of exterior wall lights that will need to be installed. He said the pump station requires several external, exterior pieces of equipment including an antenna and metal cabinets, which will be mounted in the rear of the building. He noted that a low-lying wet well fan vent and an emergency pump connection will protrude from the ground near the building. Mr. Reed said that staff finds the proposed new construction for a pump station to be consistent with the Design Guidelines and the character of the district and recommends approval subject to the conditions as noted in the Staff Report. He noted that representatives 2 from Public Utilities and their contracted engineering firm were in attendance and could answer questions. Bernice Pope arrived during the staff overview. The Board had discussion on a steel door versus fiberglass and screening on newer pump stations.The Board requested that the applicant follow up with the Board when choosing the color. Mr. Reed said the applicant would provide a landscaping plan once the building is constructed. Mr. Poole made a motion to approve the COA subject to the conditions listed in the Staff Report and including the condition that the applicant returns to the Board for final material and color selections. Ms. Pope seconded the motion.There was no additional discussion.The motion was approved by a vote of 5 to 0. Certificate of Appropriateness Application#25-11—City of Virginia Beach (Department of Public Utilities)—Request to demolish existing pump station; 2396 Princess Anne Road, GPIN 14949256030000—Courthouse Historic and Cultural District Mr. Reed introduced COA application #25-11. He said the application is for demolition of a public utilities pump station (PS-614) on Princess Anne Road in the Courthouse Historic and Cultural District. He said the pump station is set back from the roadway and is located between two commercial properties. Mr. Reed said that with the construction of the new pump station across the street, PS-614 will not be needed and will be taken out of service. He said that all equipment will be removed from the pump station and the wet and dry wells will need to be filled. Mr. Reed noted that demolition of the pump station will allow the wells to be filled with organic material and the small parcel will become a green space, or the parcel has the potential to be sold to an adjacent business property for expanded parking. He said that if the abandoned building is not demolished, the wells will need to be filled with concrete and the building will receive no additional maintenance. Mr. Reed said the existing pump station building was constructed in 1962 and is a contributing resource in the Courthouse Historic and Cultural District and in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District. It is a contributing resource due to its age and materials, brick walls and slate roof, and basic design, gable roof with wood trim. Mr. Reed said staff's opinion is that removal of this resource will have no measurable impact on the integrity of these districts. He said that in staff's opinion, this request to demolish the 1962 pump station and make this small parcel a green space is acceptable. He noted that representatives from Public Utilities were in attendance and could answer questions. 3 Mr. Poole asked if the pump station was too small. Randy Allen said it was too small and outdated. Mr. Allen discussed the logistics of replacement and bypassing for the pump. Mr. Pierce asked how low they cut into the ground. Mr. Allen stated 4 feet, and they would smooth out the surface. Mr. Pierce asked if they have to cross the street to connect to the new pump. Mr. Allen said yes. Ms. Pope asked how thick the concrete was. Mr.Allen noted that it was only 8 inches and the current standards are 10 inches. Mr. Poole made a motion to approve the COA subject to the conditions listed in the Staff Report. Mr. Pierce seconded the motion.There was no additional discussion.The motion was approved by a vote of 5 to 0. Certificate of Appropriateness Application#25-12—Ashdon Builders—Request to construct a privacy fence for North Landing Estates; Peaceful Lane, former GPIN 14948048930000—Courthouse Historic and Cultural District Mr. Reed introduced COA application #25-12. He said the application is for after-the-fact approval for construction of 6-foot-tall white vinyl privacy fencing along the west and east boundaries of the North Landing Estates residential development in the Courthouse Historic and Cultural District. Mr. Reed noted that North Landing Estates is a small residential development for 7 single family homes. He said the HRB issued a COA in July 2024 for the development, including design and materials. He noted that on the COA application, the applicant checked the box for Other under Fence/Wall and stated, "If installing fencing, the material will be white vinyl." Mr. Reed said there is no mention in the Staff Report, Minutes, or COA letter of fencing or fence materials. He said current staff could not find any indication that the applicant had submitted any product information regarding the fence materials. Mr. Reed provided some background on vinyl fencing in the district. He said in December 2021, a modification of COA#20-06 for new construction on the adjacent property at 2497 North Landing Road included consideration of installation of a vinyl fence. Staff recommended against approval of the vinyl fence and the HRB concurred.The COA allowed for a wood or composite fence and the applicant installed a composite fence. Mr. Reed noted that the Design Guidelines for Virginia Beach's Historic and Cultural Districts prohibits vinyl as a material for fencing. Mr. Reed said the applicant has noted that there is existing vinyl fencing visible across North Landing Road associated with properties on Magnolia Green Loop. He noted that it received a COA in 2011. Mr. Reed said it is Staffs opinion that vinyl fencing is prohibited in the Design Guidelines and the HRB recently disallowed vinyl fencing on the adjacent parcel, although it may appear 4 elsewhere in the district. Mr. Reed said staff recommends denial of the proposed fence material. Representatives from Ashdon Builders were present. Donnie Cross discussed the Design Guidelines and COA Review Process. He said at the time of their application they did not know the location of the fence yet; therefore, they did not fully include it on the application. He said that because the neighbors across the street had a vinyl fence it did not seem unacceptable. He stated that they believed the COA meant their entire application packet was approved. Mr. McNaughton asked a question in reference to the application. Mr. Reed did clarify that the fence box was checked on the original application. Ms. Pope asked when the applicant found out it wasn't allowed. Mr. Reed said when he saw it and then checked with Permits to inquire if they had received a permit.They had not, so Mr. Reed contacted the applicant about the apparent COA violation. Mr. Pierce said the vinyl fence does not meet the Design Guidelines; therefore,the Board likely won't approve it. Mr. McNaughton discussed the precedent that it sets. He stated his opinion that composite is a superior material and that the fence should be wood or composite. Ginny Cross said that they did not want a wood fence due to maintenance. Mr. McNaughton noted that they allowed composite because of that. Mr. Vachon mentioned the possibility of the new homeowners wanting fences for their lots after they are constructed. He mentioned that they may have to come back to the Board. Ms. Cross mentioned they would screen the existing fencing along Peaceful Lane. Discussion ensued about the fence requirements including the Design Guidelines prohibiting vinyl as a material, also referencing precedents differing with the vet clinic and courthouse green. Discussion also included the COA application process.The Board recognized the hardships but also explained that their job was to enforce the Design Guidelines and they don't take cost or financials into account. Discussion continued about the direct application not going to the board just the staff report and conditions.There was discussion on the Board's job and staff recommendations not meaning the Board will or has to follow them.The Board also expressed that by approving the fence they would set a precedent for other applicants to believe the material was acceptable. The applicant noted that the construction of the fence without approval was not intentional. They said they would have worked with the Board previously had they known the fence was not going to be approved. Mr. Poole made a motion to deny the application for installation of a vinyl fence. There was discussion on conditions, including whether or not to include an acknowledgement of hardship. 5 Mr. Poole made a motion to deny the COA for vinyl fencing on the following conditions: 1. Acknowledgement of precedent for vinyl in the district. 2. Acknowledgement of a potential staff error that may have been made that led the applicant to believe vinyl was acceptable. Ms. Pope seconded the motion.There was no additional discussion.The motion was approved by a vote of 5 to 0. Old Business There was no old business. New Business Under new business, Mr. McNaughton mentioned that there was a new Board member, Leanna Humphrey,joining the following month. Mr. Reed discussed the upcoming annual report. He said a draft would be provided to the Board in advance of the July meeting. Staff Update Mr. Reed provided a quick update on projects. He said the Francis Land House NRHP and boundary decrease update was approved by the NPS on May 19. He said the 17th Street Cottages Historic District was listed in the NRHP on May 19. Mr. Poole made a motion for the meeting to adjourn. Ms. Pope seconded the motion.The motion was approved by a vote of 5 to 0. The meeting was adjourned at 5:40 p.m. 6 Sec. 1303. Certificates of appropriateness. (a) Requirements of certificates of appropriateness. Except as provided in subsection(e),no building or structure,including signs,within a Historic and Cultural District shall be constructed,altered, repaired, relocated or demolished,and no building or other required permit authorizing such action,shall be issued unless and until the historical review board has issued a certificate of appropriateness therefor.A certificate of appropriateness shall certify only that the requirements of this section have been met,and shall not excuse compliance with any other applicable requirements of law. (b) Materials to be submitted for review. (1) Required plans,etc.The historical review board may require submission of any or all of the following materials as part of an application:architectural plans,site plans,landscaping plans, proposed signs with appropriate details as to location,size, number and character, proposed exterior lighting arrangements, elevation drawings,indications as to construction materials,design of doors and windows, ornamentation and colors,photographs or perspective drawings indicating visual relationship to adjoining structures and spaces and such other exhibits and reports as are reasonably necessary in making its determination to grant or deny the certificate of appropriateness. (2) Application review.Applications for a certificate of appropriateness shall be submitted to the planning director,who shall determine whether the proposed building or structure conforms to the requirements of the city zoning ordinance. No application shall be deemed complete unless it contains sufficient information for the planning director to make such determination. (c) Grounds for issuance and denial of certificate of appropriateness. (1) Issuance.The historical review board shall issue a certificate of appropriateness only if it finds that the proposed building or structure is architecturally compatible with the historic landmarks,buildings or structures in the district. In issuing its approval,the board may attach such reasonable conditions, consistent with applicable city ordinances and development standards,as are necessary or appropriate to ensure that the proposed building or structure meets the requirements of this section. The board shall consider,in determining whether a proposed building or structure is architecturally compatible with the historic landmarks, buildings and structures in the district,the following factors: A. The conformity with the design,development standards,and criteria established for the district pursuant to section 1301; B. The appropriateness of the general overall design of the proposed building or structure in relation to the architecture of other building or structures within the historic-cultural overlay zoning district; C. The extent to which the proposed building or structure will be harmonious or incompatible with the other buildings or structures in the district; D. The degree to which the proposed building or structure advances the Comprehensive Plan's goals; E. The impact of the proposed building or structure upon the historic context; F. The degree to which the proposed building or structure conforms to applicable provisions of the Secretary of the Interior's Standards for Rehabilitation, as set forth in Title 36,section 67.7 of the Code of Federal Regulations,or any successor regulations, not inconsistent with the provisions of this section. Created: 2625-08-20 11:54:46 [EST] (Supp.No.167) Page 1 of 3 (2) Denial,appeals.The historic review board shall state the reasons for denial in writing.The applicant for the certificate of appropriateness may appeal a denial of such certificate to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty(30)days after the date of the denial. (3) Notice of appeal. Upon receipt of such letter,the planning director shall schedule the appeal to be heard by the city council at a regular meeting and shall give written notice of the time,date and place of the city council meeting to the applicant,or his agent,and any persons who submitted to the planning director written objections to the application,no less than twenty-one(21)days before the meeting.The applicant shall post a sign provided by the planning director on the property,which sign shall state the time and date of the city council meeting and the nature of the appeal,at least fifteen (15)days prior to the city council meeting at which the matter is scheduled.Such sign shall be posted in accordance with the provisions of section 108(a)of the city zoning ordinance. No further public notice shall be required. (4) Appeals to the circuit court.The applicant,and any person appearing before the city council in opposition to the application,may appeal the decision of the city council to the circuit court by filing a petition at law,setting forth the alleged illegality of the action of the city council,provided the petition is filed within thirty(30)days after the date of the city council's decision.The filing of the petition shall stay the decision of the city council pending the outcome of the appeal to the court, unless the decision denies the right to raze or demolish a historic landmark,building or structure.The court may reverse or modify the decision of the city council, in whole or in part, if it finds upon review that such decision is contrary to law or is arbitrary and constitutes an abuse of discretion,or it may affirm the decision of the governing body. (5) Time limits.The board shall approve or deny a certificate of appropriateness within ninety(90)days from the filing of a completed application.The failure to approve or deny an application shall constitute a denial thereof. (d) Demolition. In the event the historical review board determines that the preservation of a building or structure is found to be physically or economically unfeasible,it shall issue the certificate of appropriateness allowing the demolition of such building or structure. If the preservation of such building or structure is physically and economically feasible,the board shall deny the application. In the event the application is denied,the applicant may:(i)appeal such decision to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty(30)days after the date of the denial;or(ii)elect to proceed pursuant to the provisions of section 1304.The procedure for appeals to the city council shall be in accordance with subdivision(3).The city council may,after consultation with the board,affirm or deny the board's decision. In the event the city council affirms the decision of the board,the applicant shall have the right to appeal such decision to the circuit court in accordance with the procedures set forth in subdivision (4). (e) Exceptions.The following actions shall not require the issuance of a certificate of appropriateness: (1) Repainting resulting in the same or like color, provided that the initial painting of masonry surfaces shall require a certificate of appropriateness; (2) The addition or deletion of windows,storm windows,doors,and storm doors that match existing windows,storm windows,doors,storm doors and broken window panes,and the addition or removal of air conditioning units; (3) The addition or deletion of television or radio antennas,skylights,solar collectors,wind energy conversion systems or satellite dishes if such structures are not visible from a public street or right-of- way; Created: 2025-08-20 11:54:46 [EST] (Supp.No.167) Page 2 of 3 (4) The repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials,features and workmanship when the physical condition of a building or structure,or portion thereof, has deteriorated; (5) Planting of grass,trees and shrubs, but not including landscape treatment that substantially alters the contour of a landmark site; (6) Permitted outside storage in any residential,office,business,or industrial district,which is not visible from a public street;and (7) Any interior changes. (Ord. No.3319, 12-3-13) Created: 2025-08-20 11:54:46 [EST] (Supp.No.167) Page 3of3 DESIGN GUIDELINES • ' PUBLIC ART 7.1.2 FENCES & FREESTANDING WALLS S ed B B B arage 1. Preserve traditional fences, walls, and hedges. If 20 feet fror i rear corner of m in a portion of the historical fencing is deteriorated, structure keep any salvageable material and utilize it in the B A B more prominent areas, replicating any material that B is missing or beyond repair. d in 3 o Ho se 2. Match historic fencing in height, material, and N 3 House 3 detail. If the same material or details can no longer be ' A A 0 0 found, use a simplified design but maintain a similar A A height and material. Sidewalk Curb Strip Curb Strip 3. For new fencing: Material, style, and height should street be in keeping with the district. Proposed projects The yellow lines(listed as"A")are the fence/wall lines that are should document similar fencing elsewhere in the considered front yard.The blue lines(listed as"B")are the fence/ district to show precedent.All fencing and freestanding wall lines that are considered back/side yard.20 feet from the rear walls must meet the provisions of the City of Virginia corner of the main structure is also shown. Beach Zoning Ordinance in Article 2.A,Section 201(e), Requirements for fences and walls. The guidelines i It- below offer further direction appropriate for the HCDs: A. New front yard fencing/walls: I. Front yard fencing/walls are considered to be '` �� " � ► in any part of the yard adjacent to the street -- --- e.. and side yards up to 20 feet from the rear corner of the main structure (see top, right y illustration). v a. If the property is a corner lot, these ' standards apply to both street-facing The low brick wall with taller piers accenting the walkway is an appropriate scale and style. elevations. b. Height should not exceed 4 feet. c. Materials can be made of living fence (hedges, shrubs, etc.), wood boards, brick, wrought/cast iron, and chain link or other "° � +, "rcrar■rmr+ra�rnn's � t �Xt'R1IrYY wire fencing as prescribed below. +-. ��+a ,.. .+r.r■r■■.■`► T...sam � 1 wry Mr .a i...r.+.ar■s.at .rrrrr■r«mrrrrrrrr:: i. Plastic, vinyl, barbed wire, and electrical fencing is prohibited. ii. Chain link and other wire fencing is 0, only allowed if used with a living fence between it and the public right of way. While appropriate for the backyard,this fence is too high for a front yard. 124 Virginia Beach Historic&Cultural District Design Guidelines Chapter 7:Design Guidelines for Site,Setting,&Signage in Historic&Cultural Districts • • • • ' B. New back and side yard fencing/walls: I. Back and side yard fencing/walls are considered to be in any part of the yard not adjacent to the street and behind 20 feet from the rear corner of the main structure (see illustration on previous page). a. Height should not exceed 8 feet as allowed by the Zoning Ordinance. b. Materials can be made of living fence (hedges, shrubs, etc.), wood boards, brick, . wrought/cast iron. i. Prefinished aluminum and chain link or ? other wire fencing should be allowed as prescribed below. ii. Plastic, vinyl, barbed wire, and electrical fencing is prohibited. II. If tall fences are to be constructed, wood slats at least 3/4" thick should be used to provide adequate durability. III. If not visible from the public right-of-way, prefinished aluminum, chain link, and other wire fencing is allowed. IV. If visible from the public right-of-way or if a precedent for historic resources exists, prefinished aluminum, chain link, and other wire fencing is only allowed if used with a living fence in front of it. OTHER COMMONTYPES _ f Staggered Traditional i Modern Traditional Chantilly Cardinal Gothic . - . . . . . . include iron, iron,. . - .. . Virginia Beach Historic&Cultural District Design Guidelines Chapter 7:Design Guidelines for Site,Setting,&Signage 125 in Historic&Cultural Districts J. PLANNING 1. PROSPER HOMES & INVESTMENTS, LLC for a Variance to Section 4.4(b) of Subdivision Regulations re lot width and street line frontage at 2453 Beaufort Avenue DISTRICT 9 RECOMMENDATION: APPROVAL 2. BRIAN PATRICK MOONEY&AMBER MARIE MOONEY for a Change in Nonconformity re modify front elevation and roof, add a raised pool deck and retaining walls, and relocate mechanical equipment at 2618 West Chubb Lake Avenue DISTRICT 9 RECOMMENDATION: APPROVAL 3. CESJB II, LLC for a Modification of Conditions to a Conditional Use Permit re short term rental at 409 241"% Street DISTRICT 6 RECOMMENDATION: APPROVAL 4. STEPHEN ALEXANDER HOMES, LLC / PRINCESSBORO DEVELOPMENT COMPANY, INC. for a Conditional Change of Zoning from AG-1 &AG-2 Agriculture District to Conditional R-10 Residential District re develop fourteen (14) single-family residential lots on the parcel south of 1925 Fisher Arch DISTRICT 2 RECOMMENDATION: APPROVAL 5. LYNNHAVEN STATION CONDOMINIUM ASSOCIATION BY GLOBAL CINEMATIC SOCIETY, LLC & HARBOUR INVESTMENTS, LLC/ GLOBAL CINEMATIC SOCIETY, LLC, & HARBOUR INVESTMENTS, LLC for a Conditional Change of Zoning 0-2 Office District to Conditional B-2 Community Business District at 101 & 105 North Lynnhaven Road, Unit 105 DISTRICT 3 RECOMMENDATION: APPROVAL 6. BRIANNA QURESHI—STUDIO CITRINE, LLC/HOLLAND OFFICE PARK, LLC for a Conditional Use Permit re beauty salon at 4510 Holland Office Park, Suite 507 DISTRICT 3 RECOMMENDATION: APPROVAL 7. STEPHEN BRUCE/ REGENT UNIVERSITY for Conditional Use Permits re indoor/outdoor recreational facilities to develop athletic and fitness complex at 1328, 1352, 1354, 1418, 1424, and 1446 Regent University Drive DISTRICT 7 RECOMMENDATION: APPROVAL 8. ROBERT MILLS / ONE PERFECT DAY, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1503 DISTRICT 5 RECOMMENDATION: APPROVAL 9. Ordinance to AMEND Section 105 of the City Zoning Ordinance (CZO) pertaining to Nonconformities RECOMMENDATION: APPROVAL a ;f NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, December 9,2025 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,21 Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through Ilvestreaming on https://virginiabeach.gov,broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either In-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 9,2025. 2. Download WebEx and view the meeting at: https://vbgov.webex.com/weblink/register/r9 t4 84bf 8 db 47f134d2ceo0 The following requests are scheduled to be heard: Prosper Homes&Investments,LLC(Applicant&Property Owner)Subdivision Variance(Section 4.4(b)of Subdivision Regulations)Address:2453 Beaufort Avenue GPIN:1570416549 City Council:District 9(Schulman) Brian Patrick Mooney&Amber Marie Mooney(Applicants&Property Owners) Change in Nonconformity Address: 2618 W Chubb Lake Avenue GPIN: 1570422675 City Council:District 9(Schulman) CESJB II,LLC(Applicant&Property Owner)Modification of Conditions Address: 409 24th 1/2 Street GPIN:2427091661 City Council:District 6(Remick) Stephen Alexander Homes,LLC Property Owner:Princessboro Development Company, Inc Conditional Rezoning (AG-1 &AG-2 Agricultural Districts to Conditional R-10 Residential District)Address:Parcel south of 1925 Fisher Arch GPIN:2414309862 City Council:District 2(Henley) Lynnhaven Station Condominium Association by Global Cinematic Society,LLC &Harbour Investments,LLC Property Owners:Global Cinematic Society,LLC, Harbour investments, LLC Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District)Addresses:101 N Lynnhaven Road & 105 N Lynnhaven Road, Unit 105 GPINs: 14974422580001 & 14974422580002 City Council:District 3(Berlucchi) Brianna Qureshi-Studio Citrine,LLC Property Owner.Holland Office Park LLC Conditional Use Permit(Beauty Salon)Address:4510 Holland Office Park, Suite 507 GPIN:1476691535 City Council:District 3(Berlucchi) Stephen Bruce Property Owner: Regent University Conditional Use Permit (Indoor Recreational Facility)&Conditional Use Permit(Outdoor Recreational Facility)Addresses:1328,1352,1354,1418,1424,1446 Regent University Drive GPINs: 1455688175, 1455762465, 1455762578, 1455763697, 1455764803, 1455771225, 1455773499, 1455773790, 1455774018, 1455774269, 1455776105, 1455776670, 1455777122, 1455781074, 1455873681,City Council:District 7(Jackson-Green) Robert Mills Property Owner: One Perfect Day LLC Conditional Use Permit (Short Term Rental) Address: 303 Atlantic Ave, Unit 1503 GPIN: 24273224032510 City Council:District 5(Wilson) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 105 OF THE CITY ZONING ORDINANCE PERTAINING TO NONCONFORMITIES Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment In the Planning Department at 2403 Courthouse Drive, Municipal Center, Building 3, Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc.For Information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385.4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginlabeach.gov/city-council for the most updated meeting Information. All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT- NOVEMBER 25,2025&DECEMBER 2,2025-1 TIME EACH ,W Q' ti O J R7.5(SD) m LEE AVE R7.5(SD) 5R(SD) r Site Zoning Prosper Homes & Investments, LLC 2453 Beaufort Avenue Property Polygons s Feet 0 12.5 25 50 75 100 Map created by Planning Department on 11/10/2025 rs�. 'H''�'yL ryryY.0.4 �S Li~T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PROSPER HOMES & INVESTMENTS, LLC [Applicant & Property Owner] Subdivision Variance (Variance to Section 4.4(b) of Subdivision Regulations for Street Line Frontage) for the property located at 2453 Beaufort Avenue (GPIN 1570416549). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: December 9, 2025 ■ Background: The subject property, referred to as "Lot A", is located within the Shore Drive Corridor Overlay District and is zoned R-7.5 Residential. Single-family lots within the R-7.5 Residential District require a minimum lot size of 7,500 square feet, a minimum lot width of 75 feet (85 feet for corner lots), and a minimum street line frontage of 60 feet. The applicant proposes to subdivide Lot A to create 2 new lots, "Conceptual Lot Al" and "Conceptual Lot A2". As the front of a lot is determined by the narrowest frontage by which legal access is available, Conceptual Lot Al would front an unimproved section of Chubb Lake Avenue. The width of this frontage is 50 feet, which does not meet the minimum required street line frontage of 60 feet; therefore, a subdivision variance is required. ■ Considerations: Since existing Lot A has the same substandard 50' frontage on Chubb Lake Avenue, this nonconformity is not created by this application. This is an obstacle to any proposed subdivision of the subject parcel, as any proposed lot that contains this frontage will be substandard by default, given the substandard right-of-way width of Chubb Lake Avenue. There are no plans to improve this paper street section of Chubb Lake Avenue. Both proposed lots have adequate frontage on Bradpointe Lane that the applicant intends to use for access. A condition has been recommended to require a 1-foot no ingress/egress easement be recorded along the Chubb Lake Avenue frontage. As the property lies within the Shore Drive Corridor Overlay District, the applicant presented the proposed layouts and architectural elevations to the Bayfront Advisory Commission on October 16, 2025, who unanimously voted in favor of the request. A condition has been included that the final design of the dwellings shall be approved by the Planning Director to ensure compliance with the recommendations outlined in the Comprehensive Plan. 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. Prosper Homes & Investments, LLC Page 2 of 2 ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Potential Subdivision Layout (Option A) of Lot A, Subdivision of the Eastern 250' of Block 26, Subdivision of Tract M, Chesapeake Park" dated April 27, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A one-foot no ingress/egress easement along Chubb Lake Avenue must be recorded prior to, or contemporaneously with, the final subdivision plat. 3. The architectural design of all proposed single-family dwellings shall be consistent with the recommendations outlined in the Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. ■ 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: fo) AgFenda Applicant & Property Owner: Prosper Homes & Investments, LLC Planning Commission Public • •- 2025 VB' CouncilI City 1 • Project Details Request Subdivision Variance (Variance to Section 4.4(b) of e Subdivision Regulations for Street Line Frontage) , ✓ �,P��P�E `'°pFRoga'°pF °p f O l Staff Recommendation Y F Q �GOFR Approval = OCF a Staff Planner BRADFpRO Pr 0P EEATHFRNFC j o O p RO K� R Aubrey A. Trebilcock Np SRA "'0"0"" OppNTF'ER S CRFEK COVF C, ,. EFF AVF Z °UA•H S) Location zp AV yu ATF EN96E"O IIVpC BFEARtN2 FF F 2453 Beaufort Avenue o GPIN EgKFOR 4c CpRpNFT qVF 1570416549 MAC",, a AVE qK a Site Size Fq ChFN AVF. FOR'� IgKE R 38,250 square feet "FpE AICUZ Less than 65 dB DNL Watershed "W7 Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential a .. Surrounding Land Uses and Zoning Districts ' ca North Leatherneck Road 1 . Single Family Dwellings,/ R-7.5 Residential South Bradpointe Lane Single Family Dwellings,/ R-7.5 Residential East Beaufort Avenue Duplexes/ R-5R Residential West Single Family Dwellings/ R-7.5 Residential Prosper Homes and Investments, LLCM Agenda Item 3 page 1 of 14 Background SummaryofProposal • The subject parcel, Lot A, was created via a subdivision plat recorded on January 11, 2001. • Lot A is located within the Shore Drive Corridor Overlay District and is currently zoned R-7.5 Residential. Single-family lots within the R-7.5 Residential District require a minimum lot size of 7,500 square feet, a minimum lot width of 75 feet (85 feet for corner lots), and a minimum street line frontage of 60 feet. • The applicant proposes subdividing Lot A to create 2 new lots, identified on the Subdivision Exhibit as Conceptual Lot Al and Conceptual Lot A2. o As the front of a lot is determined by the narrowest frontage by which legal access is available, Conceptual Lot Al would front an unimproved section of Chubb Lake Avenue.The width of the lot at the right-of-way is 50 feet, which does not meet the minimum required street line frontage of 60 feet. Conceptual Lot Al will meet all other dimensional requirements of the R-7.5 Residential Zoning District. o Proposed Lot A2 will meet all dimensional requirements of the R-7.5 Residential Zoning District. • Due to the substandard street line frontage of Conceptual Lot Al, a subdivision variance is needed for the proposed layout. Required Required Proposed Proposed Required Proposed Street Line Street Proposed Lot Lot Area Lot Area Lot Width Lot Width Frontage Line Frontage(square (square feet) (feet) (feet) (feet) feet) (feet) Lot Al 7,500 17,363 75 250 60 50* Lot A2 7,500 13,366 85 87.5 68 77.5 (cornerlot) (cornerlot) * Variance required Prosper Homes and Investments, LLC Agenda Item 3 page 2 of 14 Zoning History No Zoning History to report r Q' ti �0 �EEAI g1R4op011Vte L' R7.5(SD) \, fR5R(,' Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT*Alternative Compliance Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Prosper Homes and Investments, LLC Agenda Item 3 page 3 of 14 The applicant proposes to subdivide the subject parcel into two lots for the construction of two single-family dwellings. Both proposed lots, Conceptual Lot Al and Conceptual Lot A2,will have frontage on two rights-of- way.The Zoning Ordinance defines the front of the lot, from which lot width and frontage are measured, as the narrowest part of the lot by which legal access is available. By this definition, Conceptual Lot A2 would front Bradpointe Lane, and Conceptual Lot Al would front an unimproved section of Chubb Lake Avenue. The frontage along Chubb Lake Avenue is the same as the width of that right-of-way—50 feet. This is substandard to the 60-foot lot frontage required within the R-7.5 Zoning District. Section 4.4(b) of the Subdivision Regulations requires that all newly created lots must fully comply with the Zoning Ordinance. This is an obstacle to any proposed subdivision of the subject parcel, as any proposed lot that contains this frontage will be substandard by default, given the substandard right-of-way width of Chubb Lake Avenue.There are no plans to improve or extend this section of Chubb Lake Avenue. In Staff's opinion, this does represent a hardship as it is an unusual configuration for an unimproved right-of-way to extend to the rear of an otherwise subdividable property and impede its ability to subdivide. Furthermore, if Chubb Lake Avenue were to be used as the frontage, it would have a greater impact on the four neighboring houses than if access were to be encouraged via Bradpointe Lane. The applicant's proposal along Bradpointe Lane for Conceptual Lot A2 would have a frontage of 77.5 feet and lot width of 87.5 feet, both of which would comply with the requirements of the Zoning Ordinance. A one-foot no ingress/egress easement along the Chubb Lake Avenue frontage of Conceptual Lot Al is included as a condition of approval to ensure that access to the parcel will be from Bradpointe Lane. As the property lies within the Shore Drive Corridor Overlay District, the applicant presented the proposed layouts and architectural elevations to the Bayfront Advisory Commission on October 16, 2025, who unanimously voted in favor of the request. The elevations serve as an example of a potential final design meant to comply with the Shore Drive Corridor Design Guidelines. A condition has been included that the final design of the dwellings shall be approved by the Planning Director. Recognizing the hardship caused by the paper street frontage, and with the support of the Bayfront Advisory Commission for the request, Staff is recommending approval of this application subject to the conditions listed below. Recommended Conditions 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Potential Subdivision Layout (Option A) of Lot A, Subdivision of the Eastern 250' of Block 26, Subdivision of Tract M, Chesapeake Park" dated April 27, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A one-foot no ingress/egress easement along Chubb Lake Avenue must be recorded prior to, or contemporaneously with, the final subdivision plat. Prosper Homes and Investments, LLC Agenda Item 3 page 4 of 14 3. The architectural design of all proposed single-family dwellings shall be consistent with the recommendations outlined in the Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan shows that this project falls within the Suburban Area and Shore Drive Corridor Overlay. The Land Use Policies and Principles of this area ask that "infill development on small vacant parcels within an existing neighborhood or on parcels being redeveloped should be compatible to the existing development around it. Designing a structure that is scaled and proportioned with surrounding development is typically more difficult than utilizing a design that simply fits the site and meets zoning regulations.The result, however, is a structure compatible with the neighborhood with respect to land use and design and will give the impression to those who pass by that it has always been part of the original development." (p. 1-62) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2- 10 ADT Bradpointe Lane N/A ADT' N/A ADT 1(LOS 4 "D") Proposed Land Use 3-20 ADT Existing Land Use z- 10 ADT Beaufort Avenue N/A ADT' N/A ADT 1(LOS 4 "D") Proposed Land Use 3-20 ADT Prosper Homes and Investments, LLC Agenda Item 3 page 5 of 14 1 Average Daily Trips 'As defined by a 3As defined by 2 'LOS = Level of Single-Family Single-Family Service Dwelling Dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Bradpointe Lane and Beaufort Avenue are two-lane, undivided local collector streets. There are currently no CIP projects scheduled for these segments of Bradpointe Lane or Beaufort Avenue. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • The applicant's representative met with the Bayfront Advisory Commission on October 16, 2025 to discuss the details of the request. The Bayfront Advisory Commission voted unanimously to recommend approval of the proposal. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 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 24, 2025. Prosper Homes and Investments, LLC Agenda Item 3 page 6 of 14 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on December 5, 2025. Prosper Homes and Investments, LLC Agenda Item 3 page 7 of 14 Proposed Site Layout Lot 0 � Lot 12 MOM CAWTSEY - OM 1570-0-6712 CONCA LOTAI CONCEPTUAL BOW G Kwu at LOT I fEAUFORTA VENUE Prosper Homes and Investments, LLC Agenda Item 3 page Onfl4 � I I a r Architectural Elevation a _ Prosper Homes and Investments, LLC Agenda Item 3 page 9 of 14 Site Photos . . k .re f♦ 1 s 11�u V i � Site Photos A 4 t p r rz 3 M • .�a 7 s y xy Prosper Homes and Investments, LLC Agenda Item 3 page 11 of 14 Disclosure V BEACH Statement VIRGINIA Disclosure 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 oll opplications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1. APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: INVESTMENTS, LLC as listed on application PROSPER HOMES AND INVEST _ Is Applicant also the Owner of the subject property? Yes(�)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_ Tyler J. Rosa, Esq.; Williams Mullen 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 hove a Parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary) Douglas Wilson-ivlanager Does the subject property have a proposed or pending purchaser? YesU No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoQ if yes,name the official or employee,and describe the nature I 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 entitv and/or individual) Financing(mortgage,deeds of trust, O cross-collateralization,etc.) t� Real Estate Broker] gentfRealtor v Disclosure Statement I rev_ May-2024 page 1 of 3 Prosper Homes and Investments, LLC Agenda Item 3 page 12 of 14 Disclosure SECTION • r : . SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation a a Architect/Designer/landscape !1� 0 JWPC Architect/land Planner Construction Contractor Engineer/Surveyor/Agent 0 0 Legal Services 0 Williams Mullen 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 scheduledfor public hearing,t om 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. Prosper Homes and Investments.LLC pt* asyyn.Manaw 07-01-2025 Applicant Name(Print) '� Applieant nature Date t'Parent-subsidiory relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and total Government Conflict of Interests Act,VA.Code§2.2-3101. Affiliated business entity relationship"means"a relationship,other than parent-subsidiory 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 shored management or control between the business entities.Factors(hot 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 ore common or commingled f unds 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 Art.Va. Code§?2.3101 FOR CITY USE ONLY: No changes as of(date): November 20,2025 Aubrey Trebilcock zii(l" Z;T � 11 20 2025 Staff Name(Print) Sta#Signature Date Disclosure Statement ( rev. May-2024 P,)Pr 2 of Prosper Homes and Investments, LLC Agenda Item 3 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Prosper Homes and Investments, LLC Agenda Item 3 page 14 of 14 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 03: Prosper Homes & Investments, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. Our next item is Item 3,Prosper Homes and Investments,LLC. Is there a representative on the premises today? Please state your name for the record. Mr. Rosa: Good afternoon, Madam Chair, Mr. Vice Chair, members of the commission. My name is Tyler Rosa. I'm a local attorney with the law firm Williams Mullen. We greatly appreciate being on the Consent Agenda. Today,I want to take a moment to thank staff for the hard work on the application and also the Chesapeake Beach Civic League and the Bayfront Advisory Commission for the support of this application. We've reviewed the conditions and find them acceptable. Mr. Coston: Thank you. We've asked Commissioner Byler to read this item to the record. Ms. Byler: Prosper Homes and Investments LLC request a subdivision variance. The applicant proposes to subdivide the subject parcel into two lots for the construction of two single-family dwellings. Both proposed lots will have frontage on two rights-of-way as the property lies within the Shore Drive Corridor Overlay District. The applicant presented the proposed layouts and architectural elevations to the Bayfront Advisory Commission on October 16th, 2025. The commission unanimously voted in favor ofthe request, recognizing the hardship caused by a paper street frontage and with the support of the Bayfront Advisory Commission for the request. Staff recommends approval of the application. There were no notices of opposition and for that purpose we believe that it is appropriate. I will add that it also is in keeping with the Comp Plan regarding infilling and redevelopment where appropriate. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the withdrawal/deferral agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Madam Chair, that was the last item on the Consent Agenda. The Planning Commission places the following applications on the Consent Agenda:Four records of minutes, Items 3, 5, 6, and 8. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Hippen: Second. Ms. Cuellar: We have a motion to approve by Commissioner Plumlee, seconded by Commissioner Hippen. Any further discussion? Mr. Camp: Madam Chair? Ms. Cuellar: Yes, Commissioner. Mr. Camp: Just as a point of order, if we have one speaker, is this commission still allowed to pass the item on the Consent Agenda? Ms. Cuellar: It was taken off the Consent Agenda,the last one number 12. Mr. Camp: Yes, I know what happened. I'm asking, did the commission have the choice to go ahead and pass it on consent even though there was just a single speaker? Ms. Cuellar: No, it's my understanding from our rules that it would not meet the requirements for the Consent Agenda. But I will ask our counsel. Ms. Royster: Is this a speaker in opposition or in support? Clerk: Opposition. Ms. Royster: And I believe it should be taken out. Mr. Camp: Thank you. It was not clear whether the speaker was in opposition or support. Ms. Cuellar: Thank you, Commissioner. Clerk: The vote is open. Ms. Cuellar: So,we have a motion on the floor for approval of the Consent Agenda as read by the Vice Chair by Commissioner Plumlee and seconded by Commissioner Hippen. Clerk: By recorded vote of 11 to zero with all aforementioned minutes and Items 3, 5, 6, and 8 have been recommended for approval by consent. Ms. Cuellar: If you have 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 in the meeting,but you're also free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor an i X Mauch X Conditions 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Potential Subdivision Layout (Option A) of Lot A, Subdivision of the Eastern 250' of Block 26, Subdivision of Tract M, Chesapeake Park" dated April 27, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A one-foot no ingress/egress easement along Chubb Lake Avenue must be recorded prior to, or contemporaneously with, the final subdivision plat. 3. The architectural design of all proposed single-family dwellings shall be consistent with the recommendations outlined in the Comprehensive Plan for the area. Architectural elevations shall be submitted to the Planning Director for review and approval prior to issuance of building permits for proposed structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. R7.5(SD) R.7/.5 ,S SS GNv�6 ® Site " Brian Patrick Mooney & Amber Marie Mooney F p zoning 2618 W Chubb Lake Avenue Property Polygons s Feet 0 5 10 20 30 40 Map created by Planning Department on 11/10/2025 Nu e s f�� ssi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIAN PATRICK MOONEY & AMBER MARIE MOONEY [Applicants & Property Owners] Change in Nonconformity (Request to modify front elevation and roof, add a raised pool deck and retaining walls, and relocate mechanical equipment) for the property located at 2618 West Chubb Lake Avenue (GPIN 1570422675). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: December 9, 2025 ■ Background: The applicant is requesting a Change in Nonconformity for an existing single- family dwelling on an approximately 3,875 square foot parcel zoned R-7.5 Residential, located within the Shore Drive Overlay district. The existing dwelling was constructed in 1968 and is nonconforming to the City's current front and side yard setback requirements as well as the current parking requirements for single- family dwellings. The home encroaches 30+ feet into the front yard setback, with a portion of an existing enclosed utility shed located within the public right-of- way. There is also a 0.37-foot encroachment into the eastern 5-foot side yard setback and a 0.93-foot encroachment into the western 10-foot side yard setback. The existing pool and HVAC equipment are nonconforming to the required 5-foot setback from the eastern property line. The proposed improvements include enclosing the existing front porch into a shed, removing a utility shed from the right-of-way, relocating and raising the pool and HVAC equipment, relocating the front door, modifying the roof pitch, constructing a rear 2-story building addition, and redeveloping the pool area. The applicant is requesting the following variances: a 1.67' front yard setback instead of the required 30', a 1.7' eastern side yard setback instead of the required 5', and an 8.0' western side yard setback instead of the required 10'. The variance requests are related to the enclosure of the front porch shed, the elevated pool terrace, and the relocation of mechanical equipment. Additionally, the applicant is requesting to formalize the 0 on-site parking spaces. ■ Considerations: The addition of the front porch shed constitutes an increase to the existing front yard setback nonconformity of approximately 35 square feet, while all other improvements either reduce the degree of nonconformity or comply with the applicable requirements of Section 502 of the City Zoning Ordinance. The request for 0 onsite parking spaces instead of the required 2 addresses how the property Brian Patrick Mooney &Amber Marie Mooney Page 2 of 3 has operated since the construction of the home in 1968. The proposed improvements do not affect the amount of on-site parking, as residents of the home have always parked within an unimproved portion of West Chubb Lake Avenue. 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 November 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site layout prepared by WPL for the Mooney Residence, titled "Conceptual Site Layout" and dated November 5, 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 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," which have 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/utility easement(s) without the approval of an Encroachment Agreement by the City Council. 4. No work shall be conducted in the City Right-Of-Way without an approved Right of Way Permit issued by the Department of Planning & Community Development. 5. 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 Brian Patrick Mooney &Amber Marie Mooney Page 3 of 3 City Manager: 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 2618 WEST CHUBB LAKE AVENUE 4 5 WHEREAS, Brian Patrick Mooney and Amber Marie Mooney (the "Applicants") 6 have made application to the City Council for authorization to expand the nonconforming 7 dwelling located at 2618 West Chubb Lake Avenue and zoned R-7.5 Residential and 8 Shore Drive Overlay; 9 10 WHEREAS, this parcel currently contains a single family dwelling that does not 11 meet the current zoning regulations. The dwelling encroaches 30+ feet into the front yard 12 setback, with a portion of an enclosed utility shed within public right of way. The home 13 also encroaches 0.37 feet into the eastern side yard setback and 0.93 feet into the 14 western side yard setback. The existing pool equipment and HVAC equipment are 15 nonconforming to the setback from the eastern property line. The dwelling was 16 constructed in 1968, prior to the adoption of the applicable zoning regulations, and is 17 therefore nonconforming; 18 19 WHEREAS, the proposed improvements to the house include enclosing the 20 existing front porch to create a shed, removing the existing utility shed from out of the 21 public right-of-way, relocating and raising HVAC and pool equipment, relocating the front 22 door, modifying the roof pitch, constructing a rear 2-story building addition, and 23 redeveloping the pool and pool deck. 24 25 WHEREAS, the request is for the following: 28.33' to allow a 1.67' front yard 26 setback instead of the required 30', 3.3' to allow a 1.7' eastern side yard setback instead 27 of the required 5, and 2' to allow an 8' western side yard setback instead of the required 28 10'; 29 30 WHEREAS, in addition to the requests to dimensional requirements, the applicant 31 is requesting permission to have 0 onsite parking spaces instead of the required 2 spaces; 32 33 WHEREAS, while the improvements will constitute expansions to existing 34 nonconformities, as most of the dwelling is encroaching into the front and/or side yard 35 setbacks, all other portions of the proposed expansion comply with the dimensional 36 requirements for the R-7.5 Residential district stated in Section 502 of the City zoning 37 Ordinance; 38 39 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 40 approval of this application on November 12, 2025; and 41 42 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 43 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 44 authorizing such action upon a finding that the proposed structure as expanded is equally 45 appropriate or more appropriate to the zoning district than the existing structure. 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 That the City Council hereby finds that the proposed nonconforming structure as 51 expanded, will be equally appropriate to the district as is the existing structure under the 52 conditions of approval set forth herein below. 53 54 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 55 BEACH, VIRGINIA: 56 57 1. The change in nonconformity shall be developed in substantial conformance with the 58 conceptual site plan and construction documents prepared by WPL for the Mooney 59 Residence, titled "Conceptual Site Layout" and dated November 5, 2025, which has 60 been exhibited to the Virginia Beach City Council and is on file with the Department of 61 Planning and Community Development. 62 63 2. The structure shall be developed in substantial conformance with the elevations 64 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," 65 which have been exhibited to the Virginia Beach City Council and is on file with the 66 Department of Planning & Community Development. 67 68 3. No structures shall be permitted in the existing public drainage/utility easement(s) 69 without the approval of an Encroachment Agreement by the City Council. 70 71 4. No work shall be conducted in the City Right-Of-Way without an approved Right of 72 Way Permit issued by the Department of Planning and Community Development. 73 74 5. The applicant shall obtain all necessary permits and inspections from the Department 75 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: GLr I� a&tznz kjr 4� fWA 'Planning and Community City Attorne 's Office 9 Y Y Y Development CA17002 R-7 November 12, 2025 2 Agenda Item i Applicant & Property • Brian Patrick Mooney •- Mooney Planning Commission Public • •- 2025 CouncilCity • (Schulman) V_B_ Project Details Request Change in Nonconformity (Request to modify front r. h , elevation and roof, add a raised pool deck and retaining walls, and relocate mechanical �r equipment) - Staff Recommendation i � � ✓ rr Approval �qc rv�f Staff Planner �,� Laine Harrington Location 2618 W Chubb Lake Avenue GP/N < 15704226750000 Site Size 3,874.72 square feet A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District '" z Single-family dwelling/ R-7.5 Residential &Shore Drive Overlay Surrounding Land Uses and Zoning Districts North Chubb Lake Single-family dwelling/ R-7.5 Residential South �• ' peg W Chubb Lake Avenue Single-family dwellings/ R-7.5 Residential ' y East Single-family dwellings/ R-7.5 Residential West Single-family dwellings/ R-7.5 Residential Brian Patrick Mooney &Amber Marie Mooney Agenda Item 4 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Change in Nonconformity to construct an attached front porch shed, renovate the roof, relocate the front door, construct a pool terrace, and relocate existing mechanical equipment on an approximately 3,875 square foot parcel zoned R-7.5 Residential, and located within the Shore Drive Overlay district. • The existing dwelling was constructed in 1968 and is nonconforming to the City's current front and side yard setback requirements. A single-family dwelling in the R-7.5 District is required to have a 30-foot front yard setback, a 5-foot side yard setback, and a 10-foot side yard setback.The home currently encroaches 30+feet into the front yard setback, with a portion of an enclosed utility shed within the public right-of- way.The home also encroaches 0.37 feet into the eastern 5-foot side yard setback and 0.93 feet into the western 10-foot side yard setback.The existing pool equipment and HVAC equipment are nonconforming to the required 5-foot setback from the eastern property line. • The proposed improvements to the house include enclosing the existing front porch to create a shed, removing the existing utility shed from the public right-of-way, relocating and raising the HVAC and pool equipment, relocating the front door, modifying the roof pitch, constructing a rear 2-story building addition, and redeveloping the pool and pool deck.The addition of the front porch shed constitutes an increase to the existing nonconformity. • The subject property received an approved BZA variance in 1995 to construct an addition to the rear of the house.The approval was for a variance of 9 feet to allow a 21-foot front yard setback instead of the required 30 feet, and 3 feet to allow a 7-foot side yard setback instead of the required 10 feet • The applicant is requesting the following summary of variances: 0 28.33' to allow a 1.67' front yard setback instead of the required 30' (Redevelopment of porch into shed); 0 3.3' to allow a 1.7' eastern side yard setback instead of the required 5' (Relocation and elevation of HVAC equipment); 0 2.0' to allow an 8.0' western side yard setback instead of the required 10' (Raised pool terrace area) • In addition to the variance requests to dimensional requirements, the applicant is requesting permission to have 0 on-site parking spaces instead of the required 2 spaces. • While the addition of the front porch shed constitutes an increase in the existing nonconformity, all other improvements either reduce the degree of nonconformity (redevelopment of the elevated pool terrace and the relocation of the side yard mechanical equipment), or comply with the applicable requirements of Section 502 of the City Zoning Ordinance (proposed 2-story expansion to the rear of the house). Brian Patrick Mooney &Amber Marie Mooney Agenda Item 4 page 2 of 18 Zoning Map Key No. Request 1 SVR Approved 09/13/1977 SD) 1 fcP� 9B V4 GJ R7:5(SC1)' 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 EvaluationRecommendation 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 applicant is proposing various additions and alterations to the existing dwelling, the only changes that increase an existing nonconformity are the enclosure of the front porch to create a utility shed and the repatching of the roof. All other components of the proposal either reduce or do not affect an existing nonconformity. The increased nonconformity from the front porch shed is approximately 39 35 square feet and will place the southwestern corner of the house 1.67 feet from the property line.The existing utility shed that encroaches into the public right-of-way will be removed.The roof pitch and front door will be relocated, but there will be no other alterations or expansions to the wall facades within the setback limitations.The proposed relocation of the pool equipment and HVAC equipment will move them further away from the eastern side lot line, therefore reducing the existing nonconformity. The footprint of the elevated pool terrace, located 3.1 feet from the eastern side lot line and 8 feet from the western lot line,will be consistent with the existing nonconformities to the side yard setbacks. The request to allow for 0 onsite parking spaces instead of the required 2 is consistent with how the property has historically operated.The owner currently parks their car parallel with the road, on an unimproved portion Brian Patrick Mooney&Amber Marie Mooney Agenda Item 4 page 3 of 18 of West Chubb Lake Ave. There is room for another parking space, half of which is on the subject property and the other half of which is within the right-of-way. The subject property, identified as Parcel A on the resubdivision plat recorded on March 3,d, 1987, contains a 5-foot public drainage/utility easement along all side and rear lot lines. 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. Due to the limited nature of the change in nonconformities, staff find the requests reasonable and consistent with similar variances related to nonconforming structures. Recommended Conditions 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site layout prepared by WPL for the Mooney Residence, titled "Conceptual Site Layout" and dated A-pr+l9, 2025 November 5, 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 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," which have 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/utility easement(s) without the approval of an Encroachment Agreement by the City Council. 4. No work shall be conducted in the City Right-Of-Way without an approved Right of Way Permit issued by the Department of Planning & Community Development. 5. 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. Brian Patrick Mooney&Amber Marie Mooney Agenda Item 4 page 4 of 18 Comprehensive Plan Information The Comprehensive Plan identifies the subject property to be within the Suburban Area and within the Shore Drive Overlay District.The Suburban Area recommends to "create and maintain neighborhood stability and sustainability—create "Great Neighborhoods," (p. 1-60, Comp Plan Policy Document).This project is for various additions and modifications to a non-conforming structure.The use itself is not intended to change. "Protect and enhance natural open spaces and places and buildings of cultural and historic significance and integrate into development as appropriate," (p. 1-60, Comp Plan Policy Document).This project is proposing construction in an AE flood zone. This recommendation suggests ensuring the following set rules and regulations and invites mitigative/preventative measures to reduce its impact on the floodplain. "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).This proposal will update and restore an existing home in the community. "Cedar shake or good quality similar shake siding is encouraged," (p. 17, SDCDG).The architectural drawings state that the walls will be cedar shake. "Pitched roofs should be metal standing seam, copper, wood shakes, or high-quality asphalt shingles," (p. 17, SDCDG). The architectural drawings state that the roof will be asphalt shingles. 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. The existing 5/8" domestic water meter may be used or upgraded with this proposed development. Sewer The site currently connects to 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. Brian Patrick Mooney &Amber Marie Mooney Agenda Item 4 page 5 of 18 Public Outreach Information Planning Commission • The applicant's representative reached out to a representative of the Chesapeake Beach Civic League and was advised that the Civic League did not have any concerns with the proposal. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 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 24, 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 December 5, 2025. Brian Patrick Mooney &Amber Marie Mooney Agenda Item 4 page 6 of 18 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING STRUCTURE ON PROPERTY 3 LOCATED AT 2618 WEST CHUBB LAKE AVENUE 4 5 WHEREAS, Brian Patrick Mooney and Amber Marie Mooney (the "Applicants") 6 have made application to the City Council for authorization to expand the nonconforming 7 dwelling located at 2618 West Chubb Lake Avenue and zoned R-7.5 Residential and 8 Shore Drive Overlay; 9 10 WHEREAS, this parcel currently contains a single family dwelling that does not 11 meet the current zoning regulations. The dwelling encroaches 30+ feet into the front yard 12 setback, with a portion of an enclosed utility shed within public right of way. The home 13 also encroaches 0.37 feet into the eastern side yard setback and 0.93 feet into the 14 western side yard setback. The existing pool equipment and HVAC equipment are 15 nonconforming to the setback from the eastern property line. The dwelling was 16 constructed in 1968, prior to the adoption of the applicable zoning regulations, and is 17 therefore nonconforming; 18 19 WHEREAS, the proposed improvements to the house include enclosing the 20 existing front porch to create a shed, removing the existing utility shed from out of the 21 public right-of-way, relocating and raising HVAC and pool equipment, relocating the front 22 door, modifying the roof pitch, constructing a rear 2-story building addition, and 23 redeveloping the pool and pool deck. 24 25 WHEREAS, the request is for the following: 28.33' to allow a 1.67' front yard 26 setback instead of the required 30', 3.3' to allow a 1.7' eastern side yard setback instead 27 of the required 5, and 2' to allow an 8' western side yard setback instead of the required 28 10'; 29 30 WHEREAS, in addition to the requests to dimensional requirements, the applicant 31 is requesting permission to have 0 onsite parking spaces instead of the required 2 spaces; 32 33 WHEREAS, while the improvements will constitute expansions to existing 34 nonconformities, as most of the dwelling is encroaching into the front and/or side yard 35 setbacks, all other portions of the proposed expansion comply with the dimensional 36 requirements for the R-7.5 Residential district stated in Section 502 of the City zoning 37 Ordinance; 38 39 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 40 approval of this application on November 11, 2025; and 41 42 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 43 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 44 authorizing such action upon a finding that the proposed structure as expanded is equally 45 appropriate or more appropriate to the zoning district than the existing structure. 46 Brian Patrick Mooney &Amber Marie Mooney Agenda Item 4 page 7 of 18 47 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 That the City Council hereby finds that the proposed nonconforming structure as 51 expanded, will be equally appropriate to the district as is the existing structure under the 52 conditions of approval set forth herein below. 53 54 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 55 BEACH, VIRGINIA: 56 57 1. The change in nonconformity shall be developed in substantial conformance with the 58 conceptual site plan and construction documents prepared by WPL for the Mooney 59 Residence, titled "Conceptual Site Layout" and dated November 5, 2025, which has 60 been exhibited to the Virginia Beach City Council and is on file with the Department of 61 Planning and Community Development. 62 63 2. The structure shall be developed in substantial conformance with the elevations 64 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," 65 which have been exhibited to the Virginia Beach City Council and is on file with the 66 Department of Planning & Community Development. 67 68 3. No structures shall be permitted in the existing public drainage/utility easement(s) 69 without the approval of an Encroachment Agreement by the City Council. 70 71 4. No work shall be conducted in the City Right-Of-Way without an approved Right of 72 Way Permit issued by the Department of Planning and Community Development. 73 74 5. The applicant shall obtain all necessary permits and inspections from the Department 75 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 CA17002 R-4 November 4, 2025 Brian Patrick Mooney&Amber Marie Mooney Agenda Item 4 page 8 of 18 2 Proposed Site Layout 'i fill Brian Patrick Mooney & Amber Marie Mooney Agenda Item 4 page 9nf18 Proposed Layout Ln N 0 C7 C: N ti k a a f if 3 s J I Brian Patrick Mooney & Amber Marie Mooney Agenda Item 4 page 10 of 18 Proposed Elevation Plan ---------------- } { t .5 4' d r v iY s �y S � m J � h C c A F N_ Brian Patrick Mooney & Amber Marie Mooney Agenda Item 4 page 11 of 18 Proposed Elevation Plan h {; aBrian Patrick Mooney & Amber Marie Mooney Agenda Item 4 page 12 of 18 Proposed • Plan J'l ff f4 , !j t E i k i i Brian Patrick Mooney & Amber Marie Mooney Agenda Item 4 page 13 of 18 1 r • i Ii -...anr.,.x•-.re..— -aw--+.rs.-sv :ire,..,...,.+.+a....--..�....... • . 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(D VIRGINIA BEACH,VIRGINIA 225-0095 • • u+r fD WPL C LANDSCAPE ARCHITECTS I LAND SURVEYORS CIVIL ENGINEERS MAY 15,2025 � K !T) fD fD Q rD ;7 O O M O FA 3 m 00 A -< Site Phatos'. � �'w ..{F F.. •' cr _ ��m. i i s k A Y^ r�w� e"b,:��^�+� t� � ... �"�'� r- .,�,rte .�<`+"'. v3+e- 'R"•;.m "�b44zr'." _ z •rs ?s,;i� ash ,�. >� i •. }-�� .^'"+';f`'"'` ?� �' ��' "_;.. a tf ` a s • � Disclosure Disclosure VIRGINIA lr! 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. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Brian Patrick Mooney&Amber.Marie Mooney is Applicant also the Owner of the subject property? Yes@ NoQ — ff no,Properly Ocaner musr compiete SECTION 2:PROPERTY OWNED?DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No@ If yes,name Represenrotive: Billy Garringlon-GPC,inc Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNo@ if yes,Irst the nornes of all officers,directors,members,or trustees below AND businesses that have u parent-subsidiary'or affiliated business entity r relationship with the applicant.(Attach list if necessary i Does the subject property have a proposed or pending purchaser? Yes> NoT 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 ofjitiai oremployee,and describe the natur!�qftheirinterest. s 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 most be identified.(Attach list if necessary.) SERVICE YES NO— SERVICE PROVIDER (Nome entity and/or individual) Financing(mortgage,deeds of trust, Mortgage Services,Inc, cross-coliateralization,etc.) _ 0 Tidewater�1 Real Estate Brokerl ntJRealtor v � Disclosure Statement I rev. May-2024 page 1 of 3 Brian Patrick Mooney & Amber Marie Mooney Agenda Item 4 page 16 of 18 Disclosure SECTION •P DISCLOSURE . • SERVICE YES NO SERVttE PROVIDER ..(Hume enft an or irxWual Accounting/Tax Return Pre oration 0 E) Arch itect/Designer/Landscape 0 O WPL Architea/Land Planner Construction Contractor 1 Q C&M 8u un En `neer/Su r M 0 I WicPhemon Oesign Group Legal Services yV Ed' ! R.Edward Bourdon Jr,Esquire APPLICANT CERTIFICATION READ.I certify that all information contained in this farm is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing, r am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board at any public body or committee in connection with this application. +►� L— (d�1�2Sr - "� 7 grant Signature 0•te giant Narne(Print! Appl. • "Y'arent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly awns.shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3141. 3"Affiliated business entity relationship"means"a relationship,other than porent•subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(R) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there ore common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date(: 11/18/2025 Laine Harrington 1111M025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-M4 pate 7 of 3 Brian Patrick Mooney & Amber Marie Mooney Agenda Item 4 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. Brian Patrick Mooney &Amber Marie Mooney Agenda Item 4 page 18 of 18 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 04: Brian Patrick Mooney & Amber Marie Mooney Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item Four,Brian Patrick Mooney&Amber Marie Mooney. Mr. Garrington: Good afternoon. Thank you, Madam Chairwoman, members of the Planning Commission. For the record, Billy Garrington on behalf of the applicants in this case, applicants are Brian Mooney, Amber Mooney, properties known as 2618 West Chubb Lake Avenue. I'm sure you heard this in the informal session. This is an existing single-family house over on West Chubb Lake Avenue that the owners are going to make some improvements to. The house is currently a non-conforming structure. It's not a non-conforming use. The use is residential,and it is a residential house. The lot originally was platted in 1928. The house was built in the sixties. The lot's been changed one time since then, but never in any of the changes does it come close to meeting the requirements that are currently in place of an R-7.5 lot,which would require to have 7,500 square feet of land area. Doesn't have that, never has, never will. The house was built in the sixties, so you have to assume that somebody got a building permit and that it met the requirements of the ordinance at that time. I don't know how many of you were here back in the sixties when it was Princess Anne County just changing over to the City of Virginia Beach,but that's when this house was built. The house, as it currently sits now, encroaches into the right-of-way with a storage shed on the front of the house and a retaining wall that is there. We're going to remove both of those encroachments out of the city right-of-way and make improvements to the house. And the only real square footage that you're adding to the house is a 10 by 16 addition that goes onto the back of the house that actually meets the setback requirements. But the house, again, is non-conforming because of the setbacks that are there,doesn't meet the zoning requirements. This house has not had two parking spaces since it was built in the 1960s. There are numerous houses in that immediate vicinity that have the exact same scenario. Worked on the one that's two houses down from this on Chubb Lake Avenue about four years ago. And we have done two of them on Lauderdale Avenue, which is just one street over. They just don't have the on-site parking spaces that are required currently under the Zoning Ordinance that says you have to have two on-site parking spaces. To try and put a parking space on this lot is going to be almost impossible, but it's not totally impossible, but it's going to be excessively expensive. And the other problem is that you've got such a change in elevation where the only place where you could put a parking lot,there's a change in elevation from 10 feet at the street to four feet where you would put the parking space. That's going to require a six-foot high retaining wall that's going to encroach into the five-foot drainage easement that runs along the side of the property line. But here's the real problem. The house is only 10.4 feet from the property line. A parking space is nine feet wide, so you're going to have 1.4 feet to get groceries in and out of your house if the car's parked there. And imagine trying to get your garbage cans out to the street twice a week for the garbage truck to pick it up. If this was a new house or if we were changing the use, I would agree with you saying that we need to have the on-site parking spaces. In this case, it just doesn't apply. We've met with the residents around there that have no problem with it. We've met with the Civic League that has no problem with it. We've even had informal discussions with a council representative that has no problem with it. We've met with your staff. Your staff has looked at it and come up with five conditions that are in the staff write-up. We're in total agreement with those five conditions. And we're here today to ask for your approval to allow us to make a bad situation much better than it is now,based upon the five conditions that are in your staff write-up. Ms.Cuellar: Thank you very much. Do we have any questions for this applicant? Commissioner Camp? Mr. Camp: Yes. I would like to thank you very much for your presentation. You have afforded us a lot more information and knowledge than we received in the staff report from which we were working on earlier today. This is also a matter of building a record, not just for City Council for their deliberations, but also for the public. As you well know as a practitioner before this body time and again,we often talk about parking and the scarcity of parking in certain parts of our city. The idea that a home has no parking spaces is quite unusual. And if this were to have gone onto the Consent Agenda that this commission had accepted a home that had no parking spaces, one can only imagine how other members of the public might react to that without the benefit of a more fully developed record. That said, I love that part of the city. I love to walk and ride my bike up there. I live in Kempsville,but I go up there because it's quirky, it's neat. I enjoy it. But those winding tight roads up there are certainly a challenge for everybody from the delivery folks to the mail truck, to the trash truck. At some future point, if the city were to require more of its right-of-way for some type of public improvement, what would happen to this property being deprived of its only parking space being in that right-of-way? You would probably have to tear the whole house down if you came in and tried to make a right-of-way improvement because the house is so close to the property line. But again,it's been there. We're not changing that part of the house itself for 57 years. I understand you're not changing it, but you're also asking permission to keep it the way that it's been. And my question then is forward-looking. If the city were to make an improvement in the right-of-way, you're suggesting that a consequence of that would be to condemn the house? Mr. Garrington: You would probably have to take part of the house away because if you widen the right-of-way in any fashion along there when you're only 2.9 feet from the right-of-way, or you could leave it like it is with it encroaching into the right-of-way and just leave the house there and just make cosmetic changes to it. And that doesn't, I mean, he's trying to take a house and make it a much improvement to all the houses that's in the neighborhood. And that's what he's going to do with what we're asking you for today. Mr. Camp: Yes, sir. But at some point, if you ever come along there and widen that right-of- way, then you're going to have to take part of that house away. There's no question. There's no other answer that I can give you on that part of the answer. Within the existing right-of-way, if the city were to create an improvement that displaced the private parking, that's what I'm asking about. I'm not talking about widening the right-of-way. Where do you want us to put the parking? Mr. Garrington: Where do you want us to put it at? That's exactly what I'm asking you. We don't have anywhere to put it again. You've got that one area on the west side of the house that's only 10.4 feet from the property line. And a parking space has to be nine feet wide. You're going to make it to where it's unusable. Mr. Camp: Okay. Thank you for your responses to my questions. Thank you. Ms. Cuellar: I think we have one. Hold on one second. Thank you. Oops. One second. Mr. Garrington. Mr. Garrington, wait a minute. Wait a second. We have one more question. Mr. Coston: I don't have a question. I'm just going to move that we approve this. Mr. Garrington: Thank you very much. Ms. Cuellar: Second? Ms. Schoonover: Second. Ms. Cuellar: We have a motion on the floor for approval from Commissioner Coston with a second by Commissioner Schoonover. Is there any further discussion? Mr. Plumlee: Can I,yes. Commissioner, I'd get some clarification. This is not a variance we're granting with regards to side yards. Ms. Royster: Sorry,hold on. I'm pulling up... Mr.Plumlee: Are we being asked to approve a variance? And we just passed an ordinance saying that belongs with the BZA. I'm just trying to make sure I understand what I'm being asked to do. Ms. Royster: Yep. So just to clarify on that, there's nothing in passed yet on the ordinance. There's just a recommendation for approval that still needs to go to City Council and get their thoughts and their approval. So right now,we're under what it is,as is. Mr. Plumlee: Well, it's in the ether that we don't have authority. And I'm trying to figure out if we do,and I just wanted to be clear. Ms. Royster: You have the authority to make the decision. Mr. Plumlee: We have authority,then? You have authority to do this. Ms. Royster: Yes,that is correct. Mr. Plumlee: Thank you. Ms. Cuellar: No further questions or discussion. Clerk: The vote is open. By recorded vote of nine to one, Item 4, Brian Patrick Mooney and Amber Marie Mooney, has been recommended for approval. Vote Tall Commission Member AYE 9 NAY 1 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. The change in nonconformity shall be developed in substantial conformance with the conceptual site layout prepared by WPL for the Mooney Residence, titled "Conceptual Site Layout" and dated A^ri1O, 2925 November 5, 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 designed by Brian Mooney, dated October 27, 2025, and titled "Mooney Residence," which have 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/utility easement(s) without the approval of an Encroachment Agreement by the City Council. 4. No work shall be conducted in the City Right-Of-Way without an approved Right of Way Permit issued by the Department of Planning & Community Development. 5. 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. 1 x \ 12(OB) .c Al2(OB) 2�(H HALF g'C ® Site CESJB II, LLC p zoning 409 24th 1/2 Street 0 Property Polygons s Feet 0 3.25 6.5 13 19.5 26 Map created by Planning Department on 11/13/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CESJB II, LLC [Applicant& Property Owner] Modification of Conditions to a Conditional Use Permit (Short Term Rental) for the property located at 409 24th % Street (GPIN 2427091661). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 9, 2025 ■ Background: The applicant is seeking to modify the conditions associated with a 2021 City Council-approved Conditional Use Permit for a Short Term Rental at 409 24th '/2 Street. More specifically, the applicant wishes to remove three conditions related to the removal of an existing gravel area, installation of a stacked driveway, and installation of a hedgerow along 24th Y2 Street. In 2022, the site was redeveloped with a new single-family dwelling. The approved site plan included a BMP and an 18' x 18' concrete driveway between the new dwelling and the alley, in the location of the hedgerow required with the 2021 approval. The redevelopment resulted in the removal of the gravel area. Three prior zoning complaints were received about the site relating to parking issues, specifically individuals parking on the street. The first complaint was unsubstantiated, the second was referred to the Virginia Beach Police Department, and the third resulted in a Notice of Violation being sent to the property owner that was resolved when the vehicles were moved. The property has been rented as a 30+ day rental since September 2025. ■ Considerations: This site is located within the Resort Area Strategic Growth Area (SGA) and within the Old Beach Overlay District. The proposed modifications will not result in any physical changes to the site, as the site has already been developed in accordance with the 2022 approved site plan, which did not include the hedgerow or stacked driveway. This site contains four bedrooms and requires four off-street parking spaces. The site has a two-car driveway, a one car garage, and the applicant leases a parking space at the 25th Street Municipal Parking Garage located 0.05 miles from the site, thereby satisfying the parking requirement. 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. CESJB II, LLC Page 2 of 5 ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All previous conditions attached to the Conditional Use Permit approval of May 4, 2021, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 409 24 Y2 Street and the Short Term Rental use shall only occur in the principal structure. 3. 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. 4. 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. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval of the City Council approval on May 4, 2021. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. CESJB II, LLC Page 3 of 5 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and C. Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. CESJB II, LLC Page 4 of 5 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property 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. 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. 20. 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 CESJB II, LLC Page 5 of 5 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. f \1 Submitting Department/Agency: Planning Department City Manager: Agrenda CouncilApplicant and Property Owner: CESJB 11, LLC Planning Commission Public Hearing: November 12, 2025 V_B, I City . (Remick) Project Details Request Modification of Conditions � . z \ � Staff Recommendation Approval Staff Planner Alexis Bailey = '? +n -_ r y� � ,s� � Location �z�;,; •'�" ,�VA 409 24th %Street71 ' I_ 1l - r 2427091661 `.' n1tD"►"' ;1`t' '"" ! ' i 1 tt � Site Size : �,i' a'!`o•t 4 1 i 4 2,557.06 square feet ���.a �� AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment Surrounding Land Uses and Zoning Districts i North Single-family dwelling/A-12 Apartment South 24th %Street ` 2ntH NA�f.s_ Single-family dwelling/A-12 Apartment East Alley Single-family dwellings/A-12 Apartment West Single-family dwelling/A-12 Apartment CESJB II, LLC Agenda Item 5 page 1 of 16 BackgroundSummaryofProposal • The applicant is requesting a Modification of Conditions to remove two conditions relating to a hedgerow and stacked driveway on this 2,557 square-foot, A-12 Apartment District zoned parcel, located within the Old Beach Overlay District. • On May 4, 2021, the City Council approved a Conditional Use Permit (CUP) for a Short Term Rental on this property.The approval included three conditions related to the removal of an existing gravel area, installation of a stacked driveway, and installation of a hedgerow along 24th %2 Street.These conditions can no longer be met on the site, necessitating a Modification of Conditions. • The site was redeveloped with a new single-family home in [begin strikethrough] 2W1 [end strikethrough] 2022. The approved site plan for the single-family dwelling included a BMP and an 18' x 18" concrete driveway between the new dwelling and the alley, in the location of the hedgerow required with the 2021 CUP approval. Similarly, as a result of the redevelopment, the gravel area was also removed from the site. The property has been rented as a 30+ day rental since September 2025. • Staff determined that a Modification of Conditions to remove Conditions 3, 4, and 5 would be required for the site to obtain a Short Term Rental Zoning Permit, as compliance with all conditions of the Conditional Use Permit is a prerequisite for permit approval. • Three prior zoning complaints were received for the site on July 24, 2023,January 3, 2024, and on May 31, 2024, relating to parking issues, specifically individuals parking on the street. The first complaint was unsubstantiated, the second was referred to the Virginia Beach Police Department, and the third resulted in a Notice of Violation being sent to the property owner; however, it was resolved when the vehicles were moved. • Per Section 241.2(1) of the Zoning Ordinance, Short Term Rentals require one parking space per bedroom. This site contains four bedrooms and requires four off-street parking spaces. The site has a two-car driveway, a one-car garage, and the applicant leases a parking space at the 25th Street Municipal Parking Garage located 0.05 miles from the site, meeting the parking requirement. • Known Short Term Rental activity as of September 24, 2025, as shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 19, 2025 Yes CESJB II, LLC Agenda Item 5 page 2 of 16 Zoning History # Request i 2 1 CUP (Short Term Rental) Approved 05/04/2021 - 2 CUP(Short Term Rental)Approved 10/20/2020 CUP (Short Term Rental) Approved 02/04/2020 , 3 Al2(OB) 3 CUP (Short Term Rental) Approved 06/23/2020 ` A1'2(0113) 4 CUP (Short Term Rental)Approved 06/23/2020 CUP (Short Term Rental)Approved 06/23/2020 A1:2f(,OB) 5 CRZ (0-2 to Conditional R-51D with the Olds Beach Overlay District)Approved 08/09/2011 / 5 S� Z4tH N0, �1 t Al2(OB� Al2(OB) 1 r me 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 a Short Term Rental is acceptable. This site is located within the Resort Area Strategic Growth Area (SGA) and within the Old Beach Overlay District. A primary goal of the Resort Area Strategic Action Plan (RASAP) is to provide a safe and comfortable place for residents and visitors, which a Short Term Rental is considered. The proposed modifications will not result in any physical changes to the site, as the site has already been developed in accordance with the 2022 approved site plan, which did not include the hedgerow or stacked driveway. Short Term Rentals require one parking space per bedroom. This site has four bedrooms and as such, requires four off-street parking spaces.The site has a two-car driveway, a one-car garage, and the applicant leases a parking space at the 25th Street Municipal Parking Garage located 0.05 miles from the site, thereby satisfying the parking requirement. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. CESJB II, LLC Agenda Item 5 page 3 of 16 Staff does not foresee any adverse impacts to the surrounding properties as a result of the request, and for this reason, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions for Modification of Conditions (MDC) 1. All previous conditions attached to the Conditional Use Permit approval of May 4, 2021, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 409 24%2 Street and the Short Term Rental use shall only occur in the principal structure. 3. 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. 4. 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. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval of the City Council approval on May 4, 2021.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and CESJB II, LLC Agenda Item 5 page 4 of 16 b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property 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. CESJB II, LLC Agenda Item 5 page 5 of 16 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. 20. 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. Recommended Conditions from1 • • • Permit1. The following conditions shall only apply to the dwelling unit addressed as 409 24% Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24% Street within 90-days of City Council approval. As illustrated on the parking plan included in the Staff report, this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. CESJB II, LLC Agenda Item 5 page 6 of 16 4. As illustrated on the parking plan found in the Staff report, a planted hedgerow shall be installed within 90- days of City Council approval. All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval. As illustrated in the parking plan included in the Staff report, this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. CESJB II, LLC Agenda Item 5 page 7 of 16 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Comprehensive . • The subject site falls within the Resort Area Strategic Growth Area (SGA) and is within the Old Beach Overlay District. Goals of the RASAP include to "preserve the feeling of Virginia Beach identity, culture and history through art and design." (p. 10, RASAP) 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. CESJB Il, LLC Agenda Item 5 page 8 of 16 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT No traffic counts No traffic counts 24th %Z Street available available Proposed Land Use 3-No change in trip generation 1 Average Daily Trips 2As defined by a 'As defined by a 'LOS = Level of Single-family dwelling Single-family dwelling Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) There are no MTP or CIP projects in the vicinity of this site. Active Transportation Plan There are no known improvements or recommendations in the Active Transportation Plan applicable to this site. ImpactsPublic Utility Water&Sewer The site currently connects to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 2025. CESJB II, LLC Agenda Item 5 page 9 of 16 • 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 24, 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 December 5, 2025. CESJB II, LLC Agenda Item 5 page 10 of 16 Parking Plan Stya S API >...�'-�"^" .v-•~ � �,�„w,..,,, '.. 427 -. 251µ 51 ; 251N 51 Mt] v� 2420400 336 424 419 a'._ctt�i6 [Sti 420 4/0 2N8 ., itµ llZ 24" "° 25th Street Municipal 241" m k r.iv fs,. 2414 "���� 315-fag 3tS2a 1!1 O.C3: 417 415 413 400 •. 2414: .' R_,...y..'"'"`e.,en,.,- ,. 315130 316v Parking Garage 41S R ! ®„—�"" 31S120 315 315-210 2415 0.05 Miles 315.110 ---`" Subject Site 2406 311 3� 397 11._51 2404 1 2404-2 410 411E 107 319 t 440 477-10 2a92-2 s A24 c)u3 ,. 1 4178 41343 403-19 321 379A ,.�,,..-_^` 2405 411-A 409 4031 19TH.51 rltltC)$j _ ' MIS 405 } 4171 fn...,,:""":..,...4. : ,.w.. 31W702 306 { SN n 51 ¢ 1 24 CESJB II, LLC Agenda Item 5 page 11 of 16 �� Aror w oweP Eac.r. L�D SITE DATA _ • Pus.°a.r w><rwalrprrow �+. 1 -W..;"y e°`nuaa'Q `uiweiiviw A SITE .e..• w 6'snlr a � ai MItt is w urn n w NF rfTENANCE 9 �t v-�Kc� �" } 3�®�p'Ru�Euart. (N .urla an ra a.ruac.tim�n2 w_mrru c>ypy�y LOCATION g V CATION MAP a ® "� scNE: •- loan <NN� VA DEO STC/AOVATM DnIM SPECFEATCNINo i 9 g< CLIENT DATA orwn•rr r: =— {°I.'lai ie�l I y3=A5 m;m-o:�m°uoo r j s w lam, --' �...... wr (pa ti.K AI �_ y�'.}f' � p;y- ° ••:w'near ur ..- w.,-:n Vht �q�/r,yrfaEp� �r o dw x.mm r tA� a a motor > aMd i l l LOT v . I/I iM11 8fJtE.V-20' 05/12/2025 M-02N-.I" �ffV ALLEY lI wt s s rag a®wa. r LOT GRADING AS-6ULT cc CSC FILE i M00-01HII-SF pr r, wn 1 wr a nriRwnpr!u.a NE r.m.. 2,0,50 1 { a�,Fq QIf�N1,p�N1aiCK�' Po/lq, 1051/01 Mom 5'I' Ip �plG 101) ll ,-oYam I pe- F10 wee 9 r 0 •0 m i Ar 'tJ orq QRAPNIC la SCALE AB-1 •- (D n = rn I a I I E I I I c 1 4 1 1 1 1 1 1 IL I I P ROT DATE-MAY 11L 20M PLAN STATUS-CRY SUBMrTTAL Pli Go — r-r O (D — ~' r N � r o) ern n 11 r . d 1 a Site Photos p4 r' w CESJB II, LLC Agenda Item 5 page 13 of 16 Disclosure DisclosureCITY OF VIRGINIA V—6- Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application CESJB II, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No0 If yes,name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern& Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(�)Noo If yes,list the names of ail 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 if necessary.) Manager:ORP Ventures,LLC:John K.Bishard&Steven W.Bishard,Members Member:CJE Ventures,LLC:Christopher J Ettel,Member Does the subject property have a proposed or pending purchaser? YesU No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes®No if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O Michael Donovan,Private Lender;Bayport Credit Union cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 CESJ B 11, LLC Agenda Item 5 page 14 of 16 SECTIONDisclosure Statement APPLICANT DISCLOSURE • -• SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent (�) 0 Eric Gamer,WPL R.Edward Bourdon,Jr,Esq.,Sykes,Bourdon,Ahem&Levy,P.C.;Harry R.Purkag Jr.,Esq. 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. CESJB 11,LLC by ORP Ventures,LLC,its Manager Steven W Bishard 7/29/25 Applicant Name(Print) Applicant Signature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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): 11/18/2025 Alexis Bailey 11/18/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 _ . CESJB II LLC Agenda Item 5 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. CESJB II, LLC Agenda Item 5 page 16 of 16 STIR VICINITY MAP CESJB II, LLC , , , , 4 y i l t � . 1 � y � 20 �SS l y � � 5 m t t y t 1 t, i 1 t _ , 1 , , 01 . s1 Short Term Rentals 1 ® STR Permits(30) Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 05: CESJB 11, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Item 5 is CESJB II,LLC. Mr. Bourdon: Thank you, Mr. Vice Chair, Madam Chair, members of the commission. For the record, Eddie Bourdon, Virginia Beach attorney representing the applicant. The 20 conditions as recommended by staff are acceptable to my client. Appreciate Alexis Bailey's work on the application and appreciate being on the Consent Agenda. Mr. Coston: Thank you. We've asked Commissioner Plumlee to read this item into the record. Mr.Plumlee: This is a request from the property owner CESJB II,LLC,to modify conditions for 409 24th 1/2 Street in Virginia Beach. It's a request to remove a condition for a stacked driveway and a hedgerow. In staffs evaluation,the modifications will not result in any physical changes to the site as the site has already been developed in accordance with the 2022 approved site plan. For those reasons, and there not being an objection, it's been recommended for our Consent Agenda. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the withdrawal/deferral agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Madam Chair, that was the last item on the Consent Agenda. The Planning Commission places the following applications on the Consent Agenda: Four records of minutes, Items 3, 5, 6, and 8. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the Vice Chair? Mr.Plumlee: Move to approve. Ms.Hippen: Second. Ms. Cuellar: We have a motion to approve by Commissioner Plumlee, seconded by Commissioner Hippen. Any further discussion? Mr. Camp: Madam Chair? Ms. Cuellar: Yes, Commissioner. Mr. Camp: Just as a point of order, if we have one speaker, is this commission still allowed to pass the item on the Consent Agenda? Ms. Cuellar: It was taken off the Consent Agenda,the last one number 12. Mr. Camp: Yes, I know what happened. I'm asking, did the commission have the choice to go ahead and pass it on consent even though there was just a single speaker? Ms. Cuellar: No, it's my understanding from our rules that it would not meet the requirements for the Consent Agenda. But I will ask our counsel. Ms. Royster: Is this a speaker in opposition or in support? Clerk: Opposition. Ms. Royster: And I believe it should be taken out. Mr. Camp: Thank you. It was not clear whether the speaker was in opposition or support. Ms. Cuellar: Thank you, Commissioner. Clerk: The vote is open. Ms. Cuellar: So, we have a motion on the floor for approval of the Consent Agenda as read by the Vice Chair by Commissioner Plumlee and seconded by Commissioner Hippen. Clerk: By recorded vote of 1 I to zero with all affirm, mentioned minutes and Items 3, 5, 6, and 8 have been recommended for approval by consent. Ms. Cuellar: If you have 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 in the meeting, but you're also free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. All previous conditions attached to the Conditional Use Permit approval of May 4, 2021, shall be voided and replaced with the following conditions below. 2. The following conditions shall only apply to the dwelling unit addressed as 409 24%Street and the Short Term Rental use shall only occur in the principal structure. 3. 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. 4. 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. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval of the City Council approval on May 4, 2021.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property 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. 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. 20. 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. FjSHER ARCH 02 B2 AG 1 AG2 R10 �o PI R20(OP) R10 �GGER MCCLUNG Liy R109 ® site Stephen Alexander Homes, LLC N Zoning Parcel south of 1925 Fisher Arch WE Property Polygons S Feet 0 62.5 125 250 375 500 Map created by Planning Department on 11/13/2025 in Bt�e l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHEN ALEXANDER HOMES, LLC [Applicant] PRINCESSBORO DEVELOPMENT COMPANY, INC [Property Owner] Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) for the parcel south of 1925 Fisher Arch (GPIN 2414309862). COUNCIL DISTRICT 2 (Henley) MEETING DATE: December 9, 2025 ■ Background: The applicant is requesting to rezone a 14.57-acre parcel from the AG-1 and AG- 2 Agricultural Districts to the Conditional R-10 Residential District in order to develop a 14-lot single-family residential community. The proposed development would result in a density of 0.96 dwelling units per acre. The subject site is located along Fisher Arch, between Princess Anne Road and Sandbridge Road, and is currently undeveloped. The property lies within the City's Transition Area, where low-density residential development is encouraged to maintain a balance between rural and suburban land uses. According to the submitted conceptual site plan, the proposal includes 14 single- family residential lots and one lot designated for a stormwater wet pond. All proposed lots comply with the dimensional requirements of the R-10 Residential Zoning District, with lot sizes ranging from approximately 12,500 square feet to 21 ,212 square feet. Vehicular access to the subdivision will be provided by a single entrance located along Fisher Arch. Approximately 54.5% of the site will remain as open space, exceeding both the 8% minimum open space required by Section 4.5 of the Subdivision Regulations and the 50% minimum open space requirement of the Transition Area Design Guidelines. These open space areas will border the adjacent Estates at Munden Farm subdivision to the south, Heritage Park to the east, and the Anderson's Nursery to the north. A pedestrian trail is proposed around the stormwater facility to enhance accessibility and recreation opportunities. This trail will connect to sidewalks within the public right-of-way and to existing trails in the neighboring Estates at Munden Farm and Heritage Park communities. All open space areas and related improvements will be owned and maintained by the community's Homeowners' Association. The proffered building elevations depict homes constructed with high-quality exterior materials, including architectural shingles, cementitious siding (such as HardiPlank), brick or masonry stone, or combinations of these materials. Accent Stephen Alexander Homes, LLC Page 2 of 4 features such as metal roof elements and vinyl shutters are also proposed to enhance the overall architectural design. The main entrance to the community will feature a monument-style identification sign not exceeding six feet in height, complemented by required foundation landscaping. ■ Considerations: Staff finds, and the Planning Commission concurs, that the proposal aligns with the policies and goals of the Comprehensive Plan for the Transition Area, as it provides a variety of dwelling styles constructed with high-quality materials, incorporates open space amenities, and conforms to the maximum average density of one dwelling unit per developable acre. The site is located in the 65-70 dB DNL noise zone, Sub-Area 2, and was considered by the Joint City-Navy Review Process (JRP) Group. The proposed density of 0.96 units per acre complies with Section 1804(c)(2) of the Zoning Ordinance, which states that the residential density of new development should be similar to or less than surrounding densities in this area. The applicant appeared before the Transition Area/Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC) to share details of the proposal. The TA/ITA CAC was supportive of the proposal, noting its conformance with the Transition Area Design Guidelines. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffer 1 When the Property is subdivided, developed and landscaped, it shall have the entrance, neighborhood identification sign, typical street section, landscaping, public access pedestrian and bike trail with a connection to the existing public trail system in place adjacent to the property's southern boundary landscaped buffers and open spaces substantially as depicted and described on the exhibits entitled, "CONCEPTUAL DEVELOPMENT PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA" and "CONCEPTUAL LANDSCAPE PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA", both dated 09.27.2024 and prepared by Gaddy Engineering, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (together referenced to as the "Conceptual Subdivision Plan") and are incorporated herein by this reference. Stephen Alexander Homes, LLC Page 3 of 4 Proffer 2 When the Property is developed, the side and rear yard boundary fencing and the community identification sign shall be substantially as depicted and described on the exhibit entitled "SEAGRASS COVE - Entry Monument and Fencing Style", dated 9/27/24, prepared by the Grantor, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 When the Property is developed, it will be subdivided into no more than fourteen (14) single family residential building lots each having a minimum of 12,500 square feet of area. The fourteen (14) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,200 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. Each home shall have no less than a two (2) car garage and utilize the quality architectural features and design elements substantially as depicted on the pictorial exhibit entitled "SEAGRASS COVE - Style and Architecture", dated 3/3/25, prepared by the Grantor, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (referenced as the "Quality Home Depictions") and incorporated herein by this reference. Proffer 4 When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "Hard iPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. The quality and light colors of the exterior building materials shall be substantially consistent with the "Quality Home Depictions". Proffer 5 When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all vegetated buffer and open space areas, common areas, entrance feature signage, landscaping, benches, fencing, pedestrian trails and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open spaces and landscape buffers shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. Stephen Alexander Homes, LLC Page 4 of 4 Proffer 6 When the Subdivision Plat and Subdivision Construction Plans are submitted, the final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 7 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. f Submitting Department/Agency: Planning Department City ManagerIV Agrenda Applicant: Stephen Alexander Homes, ILLC Property • •• • Development C• •. V_B' CouncilPlanning Commission Public Hearing: November 12, 2025 City Project Details Request Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) �'` " =s= Rff C StaffRecommendation Approval �s ! °� `Yy 1zd W16emetKx, Staff Planner Marchelle Coleman Location Parcel south of 1925 Fisher Arch �� ',r'-- L�r r ` r` GPIN 2414309862 '� � `£ , Site Size T. 14.57 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers F`SH l Existing Land Use and Zoning District Undeveloped lot/AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Retail/ B-2 Community Business South •; , Single-family dwellings/ R-10 Residential, P-1 �'o�0 x � _ Preservation East pGER CLUN ba Undeveloped lot/0-2 Office ; West Single-family dwellings/ R-20 Residential (OP) Open Space Promotion Stephen Alexander Homes, LLC Agenda Item 6 page 1 of 19 Background SummaryofProposal • The applicant is requesting to rezone a 14.57-acre parcel from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District to develop a new 14-lot single-family community with a resulting density of 0.96 units per acre. • The 14.57-acre site, located along Fisher Arch between Princess Anne Road and Sandbridge Road, is currently undeveloped and lies within the Transition Area. • As shown on the submitted conceptual site plan, the proposal includes 14 single-family residential lots, one lot designated for a stormwater wet pond, a six-foot-wide crushed stone trail, and a 10-foot-wide asphalt shared-use path. All the proposed lots meet the dimensional requirements of the R-10 Residential Zoning District. • The residential lots within this development will range in size from a minimum of 12,500 square feet to a maximum of 21,212 square feet. • One vehicular ingress and egress point for the proposed subdivision will be located along Fisher Arch. • The proffered building elevations depict dwellings with exterior building materials consisting of a combination of high-quality architectural shingles, cementitious siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary materials such as metal roof accents and vinyl shutters. • The 54.5%of open space proposed with this development satisfies both the 8%open space requirement found in Section 4.5 of the Subdivision Regulations as well as the minimum 50%open space required by the Transition Area Design Guidelines. Open spaces are proposed abutting the Estates at Munden Farm to the south, Heritage Park to the east, the Anderson's Nursery property to the north, and Sandbridge Road. • In addition to the proposed open spaces, a trail is also planned around the stormwater facility to enhance community accessibility and recreational opportunities. This trail will also connect to the sidewalks in the public right-of-way, as well as the existing trails within the adjoining Estates of Munden Farms and Heritage Park neighborhoods. All open space areas and other improvements will be maintained by the Homeowners' Association. • The main entrance to the site includes a community monument-style sign no taller than 6 feet in height with the required landscaping around the base. • A 4.5-foot aluminum three-rail fence with a flush bottom is proposed, as shown on the proffered exhibit. • As the site is located in the 65-70 dB DNL noise zone, Sub-Area 2, 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 residential uses with this AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. Stephen Alexander Homes, LLC Agenda Item 6 page 2 of 19 Zoning • f a. Map Key No. Request CUP (Outdoor Recreation Facility) �c Approved 11/20/2018 1 CRZ (AG-2 to Conditional B-2) 1��02 1 �' Approved 09/16/2014 / 2 CUP(Communication Tower) Approved 10/12/2010 CRZ (AG-1 &AG-2 to Conditional B-2 & Conditional 0-2) Approved _ 3 02/24/2009oceR R20(67, CUP (Borrow Pit) Approved4Nc��vroc. ' y L3 12/12/2001 MDC Approved 12/10/2013 4 CRZ (AG-1 & AG-2 to Conditional R- 10 (PD-H2) & P-1)Approved 03/26/2006 CRZ (AG-1 to Conditional R-20) Approved 08/12/2003 5 CUP(Open Space Promotion, Outdoor Recreation Facility—Riding Academy) Approved 08/12/2003 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • The proposed Conditional Rezoning from AG-1 &AG-2 Agricultural Districts to Conditional R-10 Residential District to develop a 14-lot single-family subdivision is, in Staff's opinion, acceptable. The site is located in the Transition Area.The proposed residential community meets the recommendations of the Comprehensive Plan by providing a variety of dwelling styles and open space amenities that are compatible with the surrounding area. As identified in the Transition Area Design Guidelines (TADG), a maximum average density of up to, but not exceeding, one dwelling unit per developable acre may be considered appropriate when a development demonstrates consistency with the design principles set forth in the guidelines.The applicant's proposed Stephen Alexander Homes, LLC Agenda Item 6 page 3 of 19 density of 0.96 units per acre aligns with this threshold and is considered consistent with the intent of the TADG. Furthermore, while the TADG states a preference for minimum lot sizes of 15,000 square feet, it also allows for smaller lot sizes when additional active open space and other site design elements recommended by the guidelines are incorporated. The applicant is requesting a rezoning to the Conditional R-10 Residential District, which requires a minimum lot size of 10,000 square feet. Importantly, the smallest lot proposed within this development is 12,500 square feet, which exceeds the district minimum. Only four of the fourteen lots are proposed at 12,500 square feet, while the remaining ten lots range in size from 14,999 to 21,212 square feet. This distribution reflects a sensitivity to the surrounding context and upholds the TADG's intent to maintain a transitional character between suburban and rural development patterns. Additionally, the proposed site plan includes 54.5%open space—exceeding the minimum requirement of 50%. This generous provision of open space helps offset the slightly reduced lot sizes and supports the broader goals of the TADG by preserving natural features, encouraging passive recreation, and enhancing the overall development character. 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 current student enrollment. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office, and no concerns were raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Since this property is located within the Transition Area, it was recommended by Staff that the applicant appear before the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA CAC).The applicant appeared before the TA/ITA CAC on May 1, 2025, to share details of the proposal. The TA/ITA CAC was supportive of the proposal, noting its conformance with the TADG. A Joint City-Navy Review Process (JRP) Group meeting was held on October 17, 2025, to review the proposed development. Pursuant to Section 1804(c)(2) of the Zoning Ordinance, discretionary residential development applications located within Sub-Area 2 of the 65-70 dB DNL Noise Zone may be approved if the City Council determines that the proposed density is comparable to or lower than that of surrounding similarly used properties, and does not exceed the density recommended in the Comprehensive Plan.The proposed density is one unit per acre and complies with Section 1804(c)(2) of the Zoning Ordinance for AICUZ restrictions. After a compatibility review of densities of surrounding properties, the JRP Group found that 0.96 units per acre is an acceptable density for this property and is similar to surrounding densities in this area. Overall, the JRP group found this proposal to be consistent with the Comprehensive Plan and City Zoning Ordinance requirements, as the density proposed was comparable to the surrounding properties. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy to serve the proposed development.The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the Stephen Alexander Homes, LLC Agenda Item 6 page 4 of 19 potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above, Staff recommends approval of this request, subject to the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is subdivided, developed and landscaped, it shall have the entrance, neighborhood identification sign, typical street section, landscaping, public access pedestrian and bike trail with a connection to the existing public trail system in place adjacent to the property's southern boundary landscaped buffers and open spaces substantially as depicted and described on the exhibits entitled, "CONCEPTUAL DEVELOPMENT PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA" and "CONCEPTUAL LANDSCAPE PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA", both dated 09.27.2024 and prepared by Gaddy Engineering, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (together referenced to as the "Conceptual Subdivision Plan") and are incorporated herein by this reference. Proffer When the Property is developed, the side and rear yard boundary fencing and the community identification sign shall be substantially as depicted and described on the exhibit entitled "SEAGRASS COVE - Entry Monument and Fencing Style", dated 9/27/24, prepared by the Grantor, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer When the Property is developed, it will be subdivided into no more than fourteen (14) single family residential building lots each having a minimum of 12,500 square feet of area.The fourteen (14) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,200 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. Each home shall have no less than a two (2) car garage and utilize the quality architectural features and design elements substantially as depicted on the pictorial exhibit entitled "SEAGRASS COVE -Style and Architecture", dated 3/3/25, prepared by the Grantor, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (referenced as the "Quality Home Depictions") and incorporated herein by this reference. Stephen Alexander Homes, LLC Agenda Item 6 page 5 of 19 Proffer 4 When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "Hard iPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. The quality and light colors of the exterior building materials shall be substantially consistent with the "Quality Home Depictions". Proffer5 When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all vegetated buffer and open space areas, common areas, entrance feature signage, landscaping, benches, fencing, pedestrian trails and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open spaces and landscape buffers shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. Proffer 6 When the Subdivision Plat and Subdivision Construction Plans are submitted, the final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 7 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan designates this site as being located in the Transition Area, which calls for uses in this area to be limited to low-impact, low-density residential, low-intensity non-residential, open space and recreation, and agricultural, including row-crop farming and equestrian uses (p. 6,TADG). For residential development, a maximum average of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines. Minimum lot sizes of 15,000 square feet are preferred; however, lot sizes of less than 15,000 square feet are appropriate if additional active open space location recommendations as set forth in the Transition Area Design Guidelines are incorporated into the site design (p. 9,TADG). The Plan calls for open space areas to be deliberately included and designed as a site amenity in all development. Open space should be comprised of a minimum of 50 percent of the developable area for residential development and should provide a balance of both "active" and "passive" open space areas (p. 27,TADG). Stephen Alexander Homes, LLC Agenda Item 6 page 6 of 19 ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known historic or cultural resources that will be affected by this project. Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of a fourteen-lot single-family subdivision. In addition to the lots,this project will include associated right-of-way improvements and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently flows eastward towards the public drainage ditch that runs along the eastern perimeter of the site. Stormwater runoff from the proposed residential lots and right-of-way improvements will be collected into a stormwater wet pond that will treat for both water quality and water quantity before discharging into the public drainage outfall ditch.The purchase of off-site nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite stormwater management facility. Adequately sized public drainage, access, and maintenance easements will be provided around the stormwater management facility. Based on the information provided by Gaddy Engineering Services, LLC. in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 14.57 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area: 4.74 acres Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Description of outfall: Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge directly into the public drainage system located east of the site. Downstream conveyance path:This site is part of the Dam Neck Drainage Basin. Drainage from this site drains north through the public drainage system, eastward then south through the Scopus Marsh Canal, into North Stephen Alexander Homes, LLC Agenda Item 6 page 7 of 19 Bay, and ultimately through Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Fisher Arch No Data Available 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-140 ADT 1 Average Daily Trips 'As defined by an 'As defined by 14 4LOS = Level of undeveloped lot single-family Service dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Access to this site is from Fisher Arch, which is a loop road connecting Princess Anne Road and Sandbridge Road. Fisher Arch is a two-lane local roadway with a sixty-foot right-of-way width. It is not included on the City's MTP map. Active Transportation Plan The Active Transportation Plan calls for a 10-foot-wide asphalt surface shared-use path, which has already been constructed. ImpactsPublic Utility Water The site must connect to city water. A water main designed to Public Utilities Standards must be extended from Fisher Arch into the proposed subdivision with individual water service lines and meters for each lot. There is an existing eight-inch City water main along Fisher Arch. Sewer The site must connect to city sanitary sewer. A sanitary sewer gravity main designed to Public Utilities Standards must be extended from Fisher Arch into the proposed subdivision with individual sewer service laterals and cleanouts for each lot. There is an existing eight-inch City sanitary sewer gravity main along Fisher Arch. Stephen Alexander Homes, LLC Agenda Item 6 page 8 of 19 School • , School Current Capacity I Generation 1 Change z Enrollment Three Oaks Elementary 704 students 723 students 4 students 4 students Princess Anne Middle 1,324 students 1,313 students 2 students 2 students Kellam High 1,880 students 2,039 students 3 students 3 students 1"Generation" represents the number of students the development will add to the school. z"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant's representative met with the leadership of the surrounding homeowner's associations to discuss the details of the request. According to the applicant, no objections were raised regarding the proposal. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 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 24, 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 December 5, 2025. Stephen Alexander Homes,^LLCf Agenda Item 6 page 9 of 19 Proposed Conceptual Site Layout �} '-I 624�. —"_____--.—"— "_—" __ _ VINI'J211A'H'Jb'39 MNI`J21N 3 6 p J �� �.r OOOO7W60C11YL NIdE> 9+ 3hOO SSV"d0V3S 43SOd OUd U Wn.1d3ONOO a 3 �g � £ yip}s • Y ' Ait I � g x Atli At !�g � -! §�a� �k� 55 y •� • 3 ki! �s ..a s - �� #� UP y L l , n k4t^�v °f" y k.. y fill 0 Stephen Alexander Homes, LLC Agenda Item 6 page 10 of 19 Proposed Conceptual Landscape Plan �K f OOOUZG080£bL4Z-Nld`J 4 ' �� •CYbR� �0'�lyo f�H _._.. anO�ssva ao s aasodoad U NV-Id 3dVJ313Nb'1 lVfUd30N0� G.Q9w ¢ u 'PAY; l I � e % t k`t ......� E Y �■Ia� �g i F - d �•— ---- -- Stephen Alexander Homes, LLC Agenda Item 6 page 11 of 19 Proposed Building Renderings 4 � z � h w Z ° Q 2 u � xz w w f— J co Q ° mum , Q> A. w 3�1111■ � ' ■ P4 ■�. q t y L t Stephen Alexander Homes, LLC Agenda Item 6 page 12 of 19 S EAGRASS COVE Entry Monument and Fencing Style t 5 t. 9 & Ilvk S /• Entry Masonry Monument 6'-0"Max Height ! 2'-6'Nidth 1;^ m Z7 m D ,ter STEPHEN Dv-0 ,.;rK ALEXANDER 54"Aluminum 3-Rail Fence y" ' > " koMcs s Ne eNeoawoons o�, x with Flush Bottom ` 1 rD Q p . v w (D 9 24i25 o ro =^ � rn n Site • . ` ti r , k Stephen Alexander Homes, LLC Agenda Item 6 page 14 of 19 r 6 ",� � e 'r d �cf ��a�s�'r`�+�7�". �-€�✓a�.fy �" �,� -,�. � yr�,- r?�y'F� ��^t-, � ,�i���a � ;� �. '� ��1`'�.'� r� , n Stephen Alexander Homes, LLC Agenda Item 6 page 15 of 19 Disclosure V. VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Stephen Alexander Homes, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso Noe If no,Property Owne;must complete SECTION 2.PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(j)Noo If yes,name Representative: R. Edward Bourdon.. Jr., Esq., Sykes, Bourdon,Ahern &Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the nornes of all 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 if necessary.) Stephen B.Quick,III;Stephen B.Quick,IV;Keith Alexander Quick Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noth if yes,name the official or employee,and describe the nature of their interest. F - APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services ore being provided in connection to the _object application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O e cross-col lateral ization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. May-2024 page 1 of 3 Stephen Alexander Homes, LLC Agenda Item 6 page 16 of 19 Disclosure SECTIONAPPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape Q O John Zaszewski,Timmons Group Architect/Land Planner • Construction Contractor 0 Engineer/Surveyor/Agent 0 Mike Gaddy,Gaddy Engineering Legal Services ® R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. ) i C ek—Trl— Applicant Na Me(Print) Applicant Si4nature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities,"See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/18/2025 Marchelle L. Coleman 11/18/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Stephen Alexander Homes, LLC Agenda Item 6 page 17 of 19 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as iisied o;,application Princessboro Development Company, Inc. Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes@• No@ if yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Susan F. Fisher,President;Susan S.Kellam,Vice President;Suzanne K. Parker,Secretary;John S. Kellam,Director Does the subject property have a proposed or pending purchaser? Yest�) No@ If yes,name proposed or pending purchaser: Stephen Alexander Homes, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No 0 If yes,name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The nome of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, Q 0 cross-collateralization,etc.) i Real Estate Broker/Agent/Realtor O Robert R Beasley,Jr.,Harvey Lindsay Commercial Real Estate Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent O 0 Legal Services 0 ; PROPERTY OWNER CERTIFICATION READ:1 certify that oli information contained in this Form is complete, true, and accurate. l understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Susan F. Fisher, President n�7 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Stephen Alexander Homes, LLC Agenda Item 6 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. Stephen Alexander Homes, LLC Agenda Item 6 page 19 of 19 STEPHEN ALEXANDER HOMES, LLC, a Virginia limited liability company PRINCESSBORO DEVELOPMENT COMPANY,INCORPORATED, a Virginia corporation TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 301 day of September,2024,by and between STEPHEN ALEXANDER HOMES, LLC, a Virginia limited liability company, party of the first part, Grantor; PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED, a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of property located in District 2 of the City of Virginia Beach containing approximately 14.569 acres which is more particularly described on Exhibit"A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; 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 AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that GPIN: 2414-30-9862-0000 Prepared by- R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with 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, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, 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 qjLid pro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in , interest or title: 1. When the Property is subdivided, developed and landscaped, it shall have the entrance, neighborhood identification sign, typical street section, landscaping, public access pedestrian and bike trail with a connection to the existing public trail system in place adjacent to the property's sbuthem boundary landscaped buffers and open spaces substantially as depicted and described on the exhibits entitled, "CONCEPTUAL DEVELOPMENT PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA" and "CONCEPTUAL LANDSCAPE PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA", both dated 09.27.2024 and prepared by Gaddy Engineering, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning(together referenced to as the"Conceptual Subdivision Plan") and are incorporated herein by this reference. 2. When the Property is developed, the side and rear yard boundary fencing and the community identification sign shall be substantially as depicted and described on the exhibit entitled "SEAGRASS COVE —Entry Monument and Fencing Style", dated 9/27/24, prepared 2 by the Grantor, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. 3. When the Property is developed, it will be subdivided into no more than fourteen (14) single family residential building lots each having a minimum of 12,500 square feet of area. The fourteen(14)new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,200 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. Each home shall have no less than a two (2) car garage and utilize the quality architectural features and design elements substantially as depicted on the pictorial exhibit entitled "SEAGRASS COVE — Style and Architecture", dated 3/3/25, prepared by the Grantor, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(referenced as the "Quality Home Depictions") and incorporated herein by this reference. 4. When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. The quality and light colors of the exterior building materials shall be substantially consistent with the "Quality Home Depictions. 5. When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all vegetated buffer and open space areas, common areas, entrance feature signage, landscaping, benches, fencing, pedestrian trails and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open spaces and landscape buffers shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. b. When the Subdivision Plat and Subdivision Construction Plans are submitted, the final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 7. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 fun 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, in writing,that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in courf; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Stephen Alexander Homes,LLC,a Virginia limited liability company By: (SEAL) A ex Q ick, Asst. Operations Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The f,pregoing instrument was acknowledged before me this_ day of ,- 2024,by .e (�, „_a ,w, of Stephen A exanders Homes, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: 1-- -1_,c< 11—!S Notary Registration Number:--A `iC 2 lsl� r COMMONWEALTH OF VIRGINIA REGISTRATION NO. 198329 G���,``�� �JJ/1111114N�� 5 WITNESS the following signature and seal: Grantor: Princessboro Development Company, Incorporated, a Virginia corporation By: (SEAL) Susan F. Fisher, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I" day of October, 2024, by Susan F. Fisher, President of Princessboro Development Company, Incorporated, a Virginia corporation, Grantor. Notary Public '611»r11rio4F My Commission Expires: August 31, 2026 �.•`�'��p;. ;,,!�l�'•., Notary Registration Number:192628 �•`,Q.'<OMMoj,' w NZ: G a • O'O `9a 6 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land with any improvements thereon, situate,lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel D-2A-2 as shown on that certain plat entitled, "SUBDIVISION OF PARCEL D-2A `SUBDIVISION OF SANDBRIDGE MARKETPLACE' (INSTR. NO. 20120615000663450) VIRGINIA BEACH,VIRGINIA",prepared by MSA,P.C., dated January 30,2015, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150327000267830. LESS, SAVE and EXCEPT that certain parcel of land containing 1.5348 acres and conveyed to the City of Virginia Beach for Right of Way purposes by Deed recorded in the aforesaid Clerk's Office as Instrument Number 20181228001065310. GPIN: 2414-30-9862 H:\AM\Conditional Rezoning\^Stephen Alexander Homes\Seagrass Cove\Proffer Agreement_clean 9-19-2025.docx 7 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 06: Stephen Alexander Homes, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Item 6, Stephen Alexander Homes,LLC. Mr. Bourdon: Once again, thank you, Mr. Vice Chair, Madam Chair, members of the commission, for the record, Bourdon, Virginia Beach attorney representing Stephen Alexander Homes. Alex Quick, principal, is with us this afternoon. At least he was. And we appreciate Marchelle's work on this as well as the different commissions and review boards that we have already gone through to get here. And obviously it's proffered so the conditions and our proffers are acceptable to us. Thank you. Mr.Coston: Thank you. We've asked Commissioner Cromwell to read this item into the record. Mr. Cromwell: The applicant is requesting to rezone a 14.57-acre parcel from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District to develop a new 14-lot single- family community with a resulting density of 0.96 units per acre. The residential lots within this development will range in size from a minimum of 12,500 square feet to a maximum of 21,212 square feet. The 54.5% of open space proposed with this development satisfies both the 8%open space requirement found in Section 4.5 of the Subdivision Regulations, as well as the minimum 50% open space required by the Transition Area Design Guidelines. Open spaces are proposed abutting the Estates of Mundon Farm to the south,Heritage Park to the east, and the Anderson's Nursery property to the north and Sandbridge Road. As the site is located in the 65 to 70 decibel noise zone, Sub-Area 2, the application was considered by the Joint City Navy Review process. Section 1804 of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses within this AICUZ. Details of the JRP's findings are provided in the evaluation section of this report. As such, and in hearing no objections,we have approved this for the Consent Agenda. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the withdrawal/deferral agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Madam Chair, that was the last item on the Consent Agenda. The Planning Commission places the following applications on the Consent Agenda: Four records of minutes, Items 3, 5, 6, and 8. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Hippen: Second. Ms. Cuellar: We have a motion to approve by Commissioner Plumlee, seconded by Commissioner Hippen. Any further discussion? Mr. Camp: Madam Chair? Ms. Cuellar: Yes, Commissioner. Mr. Camp: Just as a point of order, if we have one speaker, is this commission still allowed to pass the item on the Consent Agenda? Ms. Cuellar: It was taken off the Consent Agenda, the last one number 12. Mr. Camp: Yes, I know what happened. I'm asking, did the commission have the choice to go ahead and pass it on consent even though there was just a single speaker? Ms. Cuellar: No, it's my understanding from our rules that it would not meet the requirements for the Consent Agenda. But I will ask our counsel. Ms. Royster: Is this a speaker in opposition or in support? Clerk: Opposition. Ms.Royster: And I believe it should be taken out. Mr. Camp: Thank you. It was not clear whether the speaker was in opposition or support. Ms. Cuellar: Thank you, Commissioner. Clerk: The vote is open. Ms. Cuellar: So, we have a motion on the floor for approval of the Consent Agenda as read by the Vice Chair by Commissioner Plumlee and seconded by Commissioner Hippen. Clerk: By recorded vote of 11 to zero with all aforementioned minutes and Items 3, 5, 6, and 8 have been recommended for approval by consent. Ms. Cuellar: If you have 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 in the meeting,but you're also free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Proffers Proffer 1 When the Property is subdivided, developed and landscaped, it shall have the entrance, neighborhood identification sign, typical street section, landscaping, public access pedestrian and bike trail with a connection to the existing public trail system in place adjacent to the property's southern boundary landscaped buffers and open spaces substantially as depicted and described on the exhibits entitled, "CONCEPTUAL DEVELOPMENT PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA" and "CONCEPTUAL LANDSCAPE PLAN FOR PROPOSED SEAGRASS COVE GPIN: 24143098620000 VIRGINIA BEACH, VIRGINIA", both dated 09.27.2024 and prepared by Gaddy Engineering, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (together referenced to as the "Conceptual Subdivision Plan") and are incorporated herein by this reference. Proffer 2 When the Property is developed, the side and rear yard boundary fencing and the community identification sign shall be substantially as depicted and described on the exhibit entitled "SEAGRASS COVE - Entry Monument and Fencing Style", dated 9/27/24, prepared by the Grantor, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 When the Property is developed, it will be subdivided into no more than fourteen (14) single family residential building lots each having a minimum of 12,500 square feet of area.The fourteen (14) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2,200 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. Each home shall have no less than a two (2) car garage and utilize the quality architectural features and design elements substantially as depicted on the pictorial exhibit entitled "SEAGRASS COVE - Style and Architecture", dated 3/3/25, prepared by the Grantor, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (referenced as the "Quality Home Depictions") and incorporated herein by this reference. Proffer 4 When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along with high- quality accent or ancillary material such as metal roof accents and vinyl shutters.The quality and light colors of the exterior building materials shall be substantially consistent with the "Quality Home Depictions". Proffer 5 When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, all of the other property, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall own and be responsible for maintaining all vegetated buffer and open space areas, common areas, entrance feature signage, landscaping, benches, fencing, pedestrian trails and other improvements within the Open Space Areas, as depicted on the Conceptual Subdivision Plan. The open spaces and landscape buffers shall be conveyed to the Home Owners' Association prior to the issuance of the first occupancy permit. Proffer 6 When the Subdivision Plat and Subdivision Construction Plans are submitted, the final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 7 Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. PAN R10 02 ® site Lynnhaven Station Condominium Association by Global p zoning Cinematic Society, LLC & Harbour Investments, LLC W `i 0 Property Polygons 101 N Lynnhaven Road & 105 N Lynnhaven Road, Unit 105 S Feet 0 15 30 60 90 120 Map created by Planning Department on 11/14/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LYNNHAVEN STATION CONDOMINIUM ASSOCATION BY GLOBAL CINEMATIC SOCIETY, LLC & HARBOUR INVESTMENTS, LLC [Applicants] GLOBAL CINEMATIC SOCIETY, LLC, HARBOUR INVESTMENTS, LLC [Property Owners] Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District) for the property located at 101 N Lynnhaven Road & 105 N Lynnhaven Road, Unit 105 (GPIN 14974422580001 & 1497442258002). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: December 9, 2025 ■ Background: The applicant is requesting to rezone a portion of this 1.906-acre parcel from 0-2 Office District to Conditional B-2 Community Business District to permit additional uses, such as an eating and drinking establishment or retail business. The site is currently split-zoned B-2 Community Business on the front portion of the property adjacent to N. Lynnhaven Road and 0-2 Office District at the rear of the property. No new construction is proposed with this application; rather, it is the applicant's intent to reuse the existing buildings. The only change proposed to the site is relocating the existing dumpster and providing screening to minimize impacts on the adjacent residences. ■ Considerations: The property falls within the boundaries of the Lynnhaven Strategic Growth Area (SGA). The long-term vision for this area is to improve and increase services, retail, and restaurants that are convenient to and strengthen the surrounding neighborhoods. The B-2 Community Business zoning district allows for more such uses than the current 0-2 district. Additionally, the proffered uses would allow for future development opportunities to support and enhance the Virginia Beach Trail, Phase 3 of which lies to the immediate south of the subject site. In keeping with the intent for the Lynnhaven SGA, the applicant has proffered a limitation on the specific uses that would be permitted on the western portion of the property, notably excluding more auto- centric uses, such as service stations and car washes. The applicant's immediate interest is in leasing space to a business for an active commercial use, such as a bakery, coffee shop, or retail. The proffers would also permit a variety of office and medical-related uses. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Page 2 of 3 All the proffered uses are considered compatible with Article 18 of the Zoning Ordinance, which covers Special Regulations in Air Installations Compatible Use Zones (AICUZ). In addition to excluding auto-centric uses that are not compatible with the Lynnhaven SGA, the proffers exclude uses such as assembly uses and religious uses, which are not compatible with the greater than 75 dB DNL (Day- Night Average Noise Level). Three letters of opposition were received, citing concerns with potential late-night hours of operation and the sale of alcohol on the site. The applicant hosted a community meeting on the site, which was attended by one individual who cited concerns with the location of the existing dumpster adjacent to the residences. To address these concerns, the applicant has included proffers to limit the hours of operation for the western building to 7:00 a.m. to 10:00 p.m., prohibiting the sale of alcoholic beverages, addressing the location and screening of the dumpster, and ensuring lighting does not spill over onto adjacent properties. One person signed up to speak in opposition at the Planning Commission hearing, but was not online when the item was heard. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Proffer 1 The Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District may only be used for the following: a) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; b) Business studios, offices and clinics; c) Eating and drinking establishments without drive-thru windows; d) Florists, gift shops and stationery stores; e) Medical and Dental offices and clinics; f) Medical laboratories; g) Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; h) Museums and Art galleries; i) Job and commercial printing; and j) Public buildings and grounds; Proffer 2 Any building mounted sign shall not be internally illuminated and may only be externally illuminated from a building mounted light below which is directed on the sign. Any business in the building at the western end of the Property, designated as Unit 105 may only be open between the hours of 7:00 AM and 10:00 PM, and Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Page 3 of 3 the sale of alcoholic beverages shall not be permitted on the Property. Any dumpster on the Property shall only be placed on the south side of the parking lot, enclosed on three (3) sides with evergreen shrubs planted and maintained along the south side of the enclosure. Proffer 3 All outdoor lighting for the Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Olt- City Manager f w HarbourAgenda Item 7 Applicant: Lynnhaven Station Condominium Association by Global Cinematic Society, CouncilProperty Owners: Global Cinematic Society, LLC & Harbour Investments, LLC V_B_ Planning Commission Public Hearing: November 12, 2025 City 1 :- Project Details Request Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District) Of Staff Recommendation Approval Staff Planner Michael Hayes X. Location r1 T�T BLVD 101 N Lynnhaven Road & 105 N Lynnhaven Road, _ Unit 105 + DN DI GP1Ns MAY-- 14974422580001, 14974422580002 AN Site Size 1.906 acres - 264 20 A/CUZ Greater than 75 dB DNL Watershed Chesapeake Bay " Existing Land Use and Zoning District Office/ B-2 Community Business, 0-2 Office Surrounding Land Uses and Zoning Districts North Single-family dwellings/R-10 Residential South Undeveloped right-of-way Single-family dwellings, duplexes/ R-5D Residential East N Lynnhaven Road Motor Vehicle Sales, Rentals &Service, offices/ B-2 Community Business West Single-family dwellings/ R-10 Residential Lynnhaven Station Condominium Association by Global Cinematic Society, LLC& Harbour Investments, LLC Agenda Item 7 page 1 of 15 Background SummaryofProposal • The applicant is seeking to rezone a portion of a 1.906-acre parcel from 0-2 Office District to Conditional B- 2 Community Business District in order to bring what is currently a split-zoned property under a single zoning district designation, though only the portion subject to this rezoning will have proffered conditions attached. • The site is currently zoned B-2 Community Business District on the front portion, closest to N. Lynnhaven Road, and 0-2 Office District at the rear of the property. Phase 3 of the future Virginia Trail is located immediately to the south of the subject site. • There are two existing buildings on site, both of which are to remain. One is a three-story office building located towards the front of the site, and the other is a smaller, two-story building located at the rear of the property. • No new construction is proposed with this application; rather, it is the applicant's intent to reuse the existing buildings as-is. The proposed rezoning is necessary to allow for potential new uses at the site to include retail and eating and drinking establishments. At present, only one new tenant is planned, with the specific tenant yet to be determined, who will occupy space in the smaller building.The site is located within the Lynnhaven Strategic Growth Area, which emphasizes the strengthening of area neighborhoods through an increase in commercial uses that serve the community, as well as introducing new residences where appropriate. • As the property is within the greater than 75 dB DNL Air Installation Compatible Use Zone (AICUZ), use of the site must be compatible with Navy flight operations, as outlined in Article 18 of the Zoning Ordinance. • Through the proffered conditions, the applicant is proposing to limit the permitted uses to bakeries, confectionaries, delicatessens, business studios, offices, and clinics, eating and drinking establishments without drive-thru windows, florists, gift shops, stationery stores, medical or dental offices and clinics, medical laboratories, museums, art galleries, commercial printing, and public buildings and grounds, retail establishments. All aforementioned uses are compatible with Article 18 of the Zoning Ordinance. • Based on the uses permitted under the current zoning compared to the proposed zoning, no significant change in traffic generation is expected. • Per Section 203 of the Zoning Ordinance, with an eating or drinking establishment using 2,000 square feet of the smaller building, and the remainder of that building and the full larger building being used for offices, 114 parking spaces are required.The site exceeds this requirement by 24 parking spaces with a total of 136 spaces provided. • In response to the neighbor's concern with the noise generated by the emptying of the dumpster, the applicant relocated the dumpster to an area in the parking lot closest to the southern property line, away from the boundary shared with the residences. The applicant has also proffered that any dumpster on site will be located on the southern portion of the site, as well as enclosing it with a structure and screening that structure on the south side, which is adjacent to the future Virginia Beach Trail using evergreen shrubs. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 2 of 15 Zoning History Map Key No. Request -°oo°¢ 1 CRZ (R-5D and 0-2 to Conditional O- Rio 2) Approved 09/11/2012 MDC (Motor Vehicle Sales, Rental, 2 and Service) Approved 12/13/2022 R110 `-- CUP (Motor Vehicle Sales Rental and Service) Approved 02/08/2005 ------------ -N r , 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 to conditionally rezone a portion of the property from 0-2 Office District to Conditional B-2 Community Business District is, in Staff's opinion, acceptable.The property is currently split-zoned with the front portion, closest to N. Lynnhaven Road, zoned B-2 Community Business District, and the rear portion zoned 0-2 Office District. Should the Conditional Rezoning be approved,the front portion of the property will remain B-2 without proffered conditions, while the rear portion will become B-2 with proffered conditions. The property falls within the boundaries of the Lynnhaven Strategic Growth Area (SGA).The long-term vision for this area is to improve and increase services, retail, and restaurants that are convenient to and strengthen the surrounding neighborhoods. The B-2 Community Business zoning district allows for more such uses than the current 0-2 district. Additionally, the proffered uses would allow for future development opportunities to support and enhance the Virginia Beach Trail, Phase 3 of which lies to the immediate south of the subject site. In keeping with the intent for the Lynnhaven SGA,the applicant has proffered a limitation on the specific uses that would be permitted on the western portion of the property, notably excluding more auto-centric uses, such as service stations and car washes.The applicant's immediate interest is in leasing space to a business for Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 3 of 15 an active commercial use, such as a bakery, coffee shop, or retail shop. The proffers would also permit a variety of office and medical related uses. All the proffered uses are considered compatible with Article 18 of the Zoning Ordinance, which covers Special Regulations in Air Installations Compatible Use Zones (AICUZ). In addition to excluding auto-centric uses that are not compatible with the Lynnhaven SGA, the proffers exclude uses such as assembly uses and religious uses, which are not compatible with the greater than 75 dB DNL (Day-Night Average Noise Level). In Staff's opinion, the uses proposed for the rear building will not cause any adverse impacts to the surrounding property owners. Additionally, the proposed uses are compatible with the vision of the Lynnhaven SGA and the AICUZ restrictions. Based on these considerations, Staff is recommending approval of this request, subject to the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District may only be used for the following: a) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; b) Business studios, offices and clinics; c) Eating and drinking establishments without drive-thru windows; d) Florists, gift shops and stationery stores; e) Medical and Dental offices and clinics; f) Medical laboratories; g) Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; h) Museums and Art galleries; i) Job and commercial printing; and j) Public buildings and grounds; Proffer Any buiding mounted sign shall not be internally illuminated and may only be externally illuminated from a building mounted light below which is directed on the sign. Any business in the building at the western end of the Property, designated as Unit 105 may only be open between the hours of 7:00 AM and 10:00 PM, and the sale of alcoholic beverages shall not be permitted on the Property. Any dumpster on the Property shall only be placed on the south side of the parking lot, enclosed on three (3) sides with evergreen shrubs planted and maintained along the south side of the enclosure. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 4 of 15 Proffer All outdoor lighting for the Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Lynnhaven Strategic Growth Area (SGA). The Guiding Principles for Strategic Growth Areas focus on the reduction of automobile use and dependency, encouraging efficient use of land resources, creating a compatible mix of uses, offering a range of transportation opportunities, and promoting transit-oriented development. (p. 1-6, Comprehensive Plan Policy Document) The Lynnhaven SGA Master Plan envisions this parcel as "non-residential mixed use" in the Land Use Plan and intends for the mix of uses to be retail and office. (p.46, Lynnhaven Strategic Growth Area Master Plan)The map on p.46 identifies the potential site of the transit station along the former railroad right-of-way, now the future Virginia Beach Trail, at Lynnhaven Road, directly adjacent to the subject site. Further, the Reference Handbook provides design policies and principles.This location is identified as an urban area where "the goal within the urban environment is more ease and pleasure in walking and less need to use a car. Individual businesses need to be linked to the street, to the sidewalk, to bus stops, to neighborhoods, and each other". (p. B-1, Reference Handbook) Parking structures should be considered to minimize the amount of land area dedicated to parking. (p. B-2, Reference Handbook) Where site lighting is introduced, it should be designed to reduce light trespass and glare. (p. B-3, 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. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 5 of 15 Traffic Impacts/Transportation Traf e Counts Street Name Present Volume Present Capacity Generated Traffic N. Lynnhaven Road 8,900 ADTI 12,600 ADT" (LOS' "D") No significant change expected based on proposed zoning change. 'Average Trips per 2LOS = Level of Day Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) N Lynnhaven Rd, in the vicinity of this application, is a two-lane undivided collector street. It is not listed in the MTP.The Virginia Beach Trail alignment is located adjacent to this parcel to the south. There is no schedule for construction of the trail in this area because no funding has been allocated to this phase of the VB Trail. Active Transportation Plan The Active Transportation Plan calls for a minimum 11-foot wide sidepath along N Lynnhaven Road. The Virginia Beach Trail alignment is located adjacent to this parcel to the south. There is no schedule for construction of the trail in this area because no funding has been allocated to this phase of the VB Trail. ImpactsPublic Utility Water There is a 12-inch City water main and a 16-inch City water transmission main along N. Lynnhaven Road. The site connects to City water, though lines need to be inspected to ensure they are adequate and improved if necessary. Sewer Ther is an 8-inch City sewer main along N. Lynnhaven Road. The site connects to City sanitary sewer, though lines need to be inspected to ensure they are adequate and improved if necessary. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC& Harbour IYnvestments,�LLC Agenda Item 7 page 6 of 15 Public Outreach Information Planning Commission • On August 25, 2025, the applicant hand-delivered invites to neighboring properties. Neighbors were invited to visit the rear building, meet with the owner, and see the space currently offered for lease. No neighbors visited. • On October 9, 2025,the applicant held a community meeting where one neighbor attended, and they discussed past issues with the site, including noise and lighting spilling over to the adjacent residence. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 24, 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 December 5, 2025. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC& Harbour Investments, LLC Agenda Item 7 page 7 of 15 ZoningSite Survey with Existing Ito .19 Nr ; <�o. M It y 1 t- fit _ NO ° jig �i` q� q 9�g a• t .� a t ►�+8�t4�`'��t�s,s�1�6��d�iFd�f� 2�INZB:t.e..2 ��� 9 Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 8 of 15 Site Survey with Proposed Zoning Lines r IM 110 ( 1 F - A 3a a 4 •b k i A�. oil ! ja4I{ a FE " If 5s a !!4ks4 i 3 p 4pb •9 £51' 3p y 4;3 4s f �..t gg 4Q 64 ! �dpat X 3l�En.�43 i 1 � : RA xpp[ita xY log 3FP�Yi Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 9 of 15 Site Photos PRO .�. . .. . . \ . ? !f � .w. . .� > �y = L nnha en Station Condominium Association by Global Cinematic Societ y LL & Harbour InveameG% LL Agenda Ite m 7 page 10 0 15 Disclosure CITY OF DisclosureVIRGINIA VJ 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 oll applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Lynnhaven Station Condominium Association by Global Cinematic Society,LLC Is Applicant also the Owner of the subject property? Yese No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(j)No0 If yes,name Representative. R. Edward Bourdon,Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity d relationship with the applicant.(Attach list if necessary.) David Darg,Manager 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 No0 if yes,name the official or employee,and describe the outure 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 anal/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 11 of 15 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation Architect/Designer/Landscape O Q Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent O Q R.Edward Bourdon,Jr.,Sykes,Bourdon, Legal Services Q APPLICANT CERTIFICATION READ.I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. David Darg, Manager i`�1yh y 7/01/2025 Applicant Name(Print) Applicant Signature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/18/2025 Michael Hayesc ,W12z.o'd, 11/18/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 L nnhaven Station Condominium Association b Global Cinematic Society, LLC& Harbourn� .tsLC Y y y, _ Investments, LLC Agenda Item 7 page 12 of 15 Disclosure CHY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether-they have a conflict of interest under Virginia law.Completion and submission of this form is required for oll applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application Lynnhaven Station Condominium Association by Harbour Investments,LLC Is Applicant also the Owner of the subject property? Yes@ Noo If no, Proper t y O,-ner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO If yes,name Representative: R_Edward Bourdon,Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes..list the names of all officers,directors,members,or tru.siees beiota AND busrnesses that hove a parent-subsidiary'or affiliated business entity:relationship with the opplicant.(Attach list if necessory.) Ray Noftsinger,Manager 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,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 individua! Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Monarch Bank Real Estate Broker/Agent/Realtor O Disclosure Statement ( rev. M a y-2024 page 1 of 3 Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 13 of 15 Disclosure SECTIONDISCLOSURE 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 Q R.Edward Bourdon,Jr.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ:;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. Ray Noftsinger, Manager4, �-T 08/21/2025 Applicant Name(Print) A plicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Vo. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/18/2025 Michael Hayes � � 11/18/2025 Staff Name(Print) Staff SignatureDate Disclosure Statement I rev. May-2024 page 2 of 3 Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 14 of 15 WIMMIr- • 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. Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments, LLC Agenda Item 7 page 15 of 15 LYNNHAVEN STATION CONDOMINIUM ASSOCIATION,an unincorporated association GLOBAL CINEMATIC SOCIETY, LLC,a Virginia limited liability company HARBOUR INVESTMENTS, LLC,a Virginia limited Iiability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 3011, June, 2025, by and between LYNNHAVEN STATION CONDOMINIUM ASSOCIATION, an unincorporated association, party of the first part, Grantor; GLOBAL CINEMATIC SOCIETY, LLC, a Virginia limited liability company, party of the second part, Grantor; HARBOUR INVESTMENTS, LLC, a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the Grantors herein are together the owners of a certain improved parcel of property located in District #3 of the City of Virginia Beach, containing approximately 1.906 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as "Units 101 and 105 LYNNHAVEN STATION OFFICE CONDOMINIUM";and WHEREAS, the party of the second part as the owner of Unit 105 of the Lynnhaven Station Office Condominium as depicted and described on the "CONDOMINIUM PLAT LYNNHAVEN STATION OFFICE CONDOMINIUM,Virginia Beach,Virginia",dated 12-30- 2024, as revised 1-6-2025, prepared by Rouse-Sirine Associates, Ltd. and recorded as Instrument Number 202507000012 and the party of the third part as the owner of Unit 101 of GPIN; 1497-44-2258-0001 1497-44-2258-0002 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 the LynUnhaven Station Office Condominium, including that portion of Unit 101 which is located in the 0-2 Office Zoning District as depicted and described on the"CONDOMINIUM PLAT LYNNHAVEN STATION OFFICE CONDOMINIUM,Virginia Beach,Virginia",dated 12-30-2024, as revised 1-6-2025 as hereinabove referenced, have 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 that portion of Property currently zoned 0-2 Office District as described in Exhibit "B" hereto and as depicted on the Condominium Plat from 0-2 Office District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the 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 u1 the area of the Property described on Exhibit"B" 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 described on Exhibit "B" 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, u1 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 described on Exhibit"B",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 described on Exhibit"B", 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 pro,quo,for zoning,rezoning,site plan,building permit, or subdivision 2 ' approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern use of the Property described on Exhibit"B" and hereby covenants and agrees that this declaration shall constitute covenants ruining with the Property described on Exhibit"B",which shall be binding upon the Property described on Exhibit"B"and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. The Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District may only be used for the following: (a) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; (b) Business studios,offices and clinics; (c) Eating and drinking establishments without drive-thru windows; (d) Florists, gift shops and stationery stores; (e) Medical and Dental offices and clinics; (f) Medical laboratories; (g) Laboratories and establishments for the production and repair of eyeglasses,hearing aides and prosthetic devices; (h) Museums and Art galleries; (i) Job and conunercial printing;and 0) Public buildings and grounds. 2. Any building mounted sign shall not be internally illuminated and may only be externally illuminated from a building mounted light below which is directed on the sign. Any business in the building at the western end of the Property,designated as Unit 105 may only be open between the hours of 7:00 AM and 10:00 PM and the sale of alcoholic beverages shall not be permitted on the Property. Any dumpster on the Property shall only be placed on the south side of the parking lot,enclosed on three(3)sides with vergreen shrubs planted and maintained along the south side of the enclosure. 3. All outdoor lighting for the Property being rezoned from 0-2 Office District to Conditional B-2 Corrununity Business District shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance 3 of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the 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,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Lynnhaven Station Condominium Association, an unincorporated association By: Global Cinematic Society, LLC, a Virginia limited liability company By; L (SEAL) rd rg,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of July, 2025 by David Darg,Manager of Global Cinematic Society,LLC,a Virginia limited Iiability company, a member of Lymillaven Station Condominium Association, an unincorporated association, Grantor. /- rttit •tft466 Notary Public eon°" jJICCO`0°oo® ♦♦♦♦♦ �.•Op1W Eq�T R.f-•�i My Commission Expires: August 31, 2026 ��. Notary Registration Number: 192628 C,F``r � 2628 �Q,. '•. OF PCB.. 6 WITNESS the following signature and seal: Grantor: Lyru-liaven Station Condominium Association, an unincorporated association By: Harbour Investments, LLC, a Virginia limited liability company By; SAL) Ray oftsinger, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 15t day if July, 2025 by Ray Noftsinger,Manager of Harbour Investments,LLC,a Virginia limited liability company, a member of Lyru-llaven Station Condominium Association, an unincorporated association, Grantor. �A�4 j� �1 Notary Public My Commission Expires: August 31, 2026 ,��•`,�P., h',y Notary Registration Number: 19262$ 4.`�,�•GOMMa/jr ��s`. t�ttlBBBByt.�t O i +�+Q.�r•'pOMry3• ti n `o S®r Ar I,•,� 8 LI 7 WITNESS the following signature and seal: Grantor: Global Cinematic Society, LLC, a Virginia invited liability company y 1 B : v (SEAL) David Darg, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 1St day of July, 2025 by David Darg,Manager of Global Cinematic Society,LLC,a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31,2026 Notary Registration Number: 192628 ��ea��OrrMCCre�®A®®. " r�0 4 Tti'r�®�ss h7� A a G�M �_ dr.: G.�.;• ......\Av +AR i 8 WITNESS the following signature and seal: Grantor: Harbour Investments,LLC, a Virginia limited liability company By; Ray Noftsing 6r, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 15t day if July, 2025 by Ray Noftsinger,Manager of Harbour Investments,LLC,a Virginia limited liability company, Grantor, 14 Notary Public My Commission Expires: August 31, 2026 Notary Registration Number: 192628 Tq �� Q;'•�pN�V�•,0 ss 41 U 192628 M t q/i i 9 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land,with the improvements thereon, lying, being and situate in Lyn-haven Borough,City of Virginia Beach,Virginia, at the northwest corner of the intersection of North Lynnlnaven Road and Norfolk-Southern Railway,which parcel is comprised of 1.906 acres and is shown on a plat entitled, "STREET DEDICATION PLAT OF PROPERTY OF LESSIE M. GIMBERT, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA , prepared by Talbot & Associates, Ltd., which is duly recorded nit the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 117,at Page 9. 10 EXHIBIT "B" Portion of Lynnhaven Station Office Condominium to be Rezoned from 0-2 Office District to Conditional B-2 Community . Business District ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon,currently known as Unit 105 and the western portion of Unit 101 in the Lynnhaven Station Office Condominium as created by "Declaration of Condominium" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 202503003229 and depicted on Exhibit "B" to the Declaration as recorded in the above referenced Clerk's Office as Instrument Number 202507000012,which zoning parcel is more particularly described as follows: Beginning at a pin along the northern right of way line of what was formerly the Norfolk and Southern railroad right of way at the southwestern corner of the 1.906 acre parcel subject to the Declaration of Condominium of Lyru-l-iaven Station Office Condominium and running North 60'42' 10" East 305.49 feet to a point along the shared boundary line with Lot 78 in the Subdivision of Pinewood Gardens; thence turning and running South 23'29' 30" East 211.32 feet to a point along the condominium's shared boundary with the former railroad right of way now owned by the City of Virginia Beach; thence running along the shared boundary North 82°47' 45" West,353.43 feet to the Pin at the Point of Beginning. GPIN: 1497-44-2258-0002 (Unit 105) 1497-44-2258-0001 (Unit 101) H:\AM\"Conditional Rezoning\"Global Cinematic Society\Proffer Agreement.docx 11 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 07: Lynnhaven Station Condominium Association by Global Cinematic Society, LLC and Harbour Investments, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item Seven, Lynnhaven Station Condominium Association by Global Cinematic Society, LLC and Harbour Investments, LLC. Mr.Bourdon: Madam Chair,members of the commission, again for the record, Eddie Bourdon, Virginia Beach Attorney. It's my privilege to come before the commission this afternoon for Global Cinematic Society, LLC. And this is David. Dave is the owner of that enterprise. In addition, Dave is an Oscar-nominated and Emmy award-winning director, cinematographer, and film editor. And he has his office on the second floor of this building. Okay. And so I wanted you all to meet David. That's why I brought him up here. And you can go sit down now. Thank you. And welcome. And David bought this condo unit, this building, for his, where he has his office. The application, as Mike Hayes did an excellent job explaining this morning in the informal, he's got a friend,a younger man who spent a fair amount of time in Spain and Portugal. And he wants to open a coffee shop, coffee house, on the bottom floor with some baked goods and food. The application,because this is a very interesting zoning, it's got split zoning with the 0-2 in the front with the,and that's a different condominium unit and the other condominium. These are both two units in a two-unit condominium. That unit owner and the condo association are part of the application. They totally are in agreement with the request. And it just, the back portion would have now the same zoning, but conditional, Conditional B-2 with the proffer agreement,which is in your package,where we have limited the hours of operation and no alcohol sales permitted. The lighting of the, I mean this property, former Congressman Owen Pickett developed this property. That's how old it was a long time ago. The lighting is handled in the parking lot as it was back then, still is by Dominion Power. It's not a bright lit parking lot. There are no intention to change the lights out of the parking lot. The dumpster that's been on the site for decades, with this application, David and the other owner agreed to move it to the south side property line and enclose it and put landscaping around it so that when the trail gets built in a few years, it will be nothing but all you'll see from the trail side is landscaping. The site adjacent to the homes is very heavily vegetated. And we had two meetings. The first meeting we gave notices to all the adjacent homeowners and homes. And no one came. The second meeting,one gentleman,very charming,nice man,we had a long, he entertained us and David entertained him. And it was a long meeting. And we made changes based on that conversation. The building isn't going to change. We will probably have a small sign on the building that'll be only lit from a light below onto the sign, not internally lit. There are no changes being proposed,just a limited number of potential uses. But it's really for the one that I've described. And the staffs recommendation we are in full agreement with and hope that you all will recommend approval. I would also mention that because Mr. Hayes mentioned it this morning,I got a letter or an email from the Civic League representative. And we even asked the gentleman if there was one,he said he didn't know of one when we,the one meeting that we had one gentleman come to. But David reached out to her and spoke to her yesterday, and she expressed appreciation for the information because she had been concerned about alcohol sales and some place it'd be open until two in the morning. And that's not happening here. And with that, I'd be happy to answer any questions. Ms. Cuellar: Thank you. Are there any questions for the applicant? Thank you very much. Clerk: We had a speaker signed up, but they're currently not online. Ms.Cuellar: Okay. At this time,we'll open the floor for further discussion and a vote or motion. Ms. Schoonover: I move to approve this. Mr. Plumlee: Second. Ms. Cuellar: We have a motion on the floor for approval from Commissioner Schoonover, seconded by Commissioner Plumlee. Commissioner Camp, and then Commissioner Byler. Mr. Camp: In the form of discussion, I would like to say how pleased I am to see an application come before us that fits fully within the SGA plan for this area. Time and again,we've heard plans that want to do other things or that contest the SGA plan, but here we have an application that actually brings us closer to fulfilling it. If this becomes a more walkable,bikeable,neighborhood- oriented mixed-use area, as has been envisioned, this type of use, which isn't present right there, will be an amenity that augments benefits to those who work, live, and play in that vicinity. And I'd like to thank everyone involved for advancing the SGA plan in this part of the city. Ms. Cuellar: Thank you, Commissioner. Commissioner Byler. Ms. Byler: Well, my comments are fairly redundant to my fellow commissioners. I would just say that when we see applications coming before us pretty much monthly and they touch the future VB Trail, it's really encouraging to see something that's moving us into the future. And I really believe it will be an attribute to the city. So, I welcome it. And, I thank you for your application. Ms. Cuellar: Thank you. Commissioner Plumlee. Mr.Plumlee: That's the almost maker of this motion. You'll be quicker. These Butler buildings are throughout the city. And I think they're kind of an antiquated office accommodation that will never be a Class A office in the future. And they need this type of accommodation when it comes to use and we need to look out for them as they come up, because we're going to continue to see them try to find reuses. So I'm very happy this conforms with the trail, but also that it's an opportunity to use the structure, I think, in a better way for the community. Ms. Cuellar: Thank you very much. Clerk: The vote is open. By recorded vote of 10 to zero, Item Seven, Lynnhaven Station Condominium Association by Global Cinematic Society, LLC and Harbour Investments,LLC,has been recommended for approval. Mr. Bourdon: Thank you all for your patience with me today and have a nice Thanksgiving. Ms. Cuellar: Thank you. Vote Tall Commission Member AYE 10 NAY 1 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Proffers Proffer 1 The Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District may only be used for the following: a) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; b) Business studios, offices and clinics; c) Eating and drinking establishments without drive-thru windows; d) Florists, gift shops and stationery stores; e) Medical and Dental offices and clinics; f) Medical laboratories; g) Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; h) Museums and Art galleries; i) Job and commercial printing; and j) Public buildings and grounds; Proffer Any buiding mounted sign shall not be internally illuminated and may only be externally illuminated from a building mounted light below which is directed on the sign. Any business in the building at the western end of the Property, designated as Unit 105 may only be open between the hours of 7:00 AM and 10:00 PM, and the sale of alcoholic beverages shall not be permitted on the Property. Any dumpster on the Property shall only be placed on the south side of the parking lot, enclosed on three (3) sides with evergreen shrubs planted and maintained along the south side of the enclosure. Proffer 3 All outdoor lighting for the Property being rezoned from 0-2 Office District to Conditional B-2 Community Business District shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. From: mactools22Ca)verizon.net To: Michael D.Haves Subject: 105 N Lynnhaven Oppose rezoning Date: Tuesday,November 11,2025 8:19:36 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. Chris Lonergan 2813 Pinewood Dr Virginia Beach, Va. 23452 11-11-2025 Chair and Members Virginia Beach Planning Commission c/o Department of Planning & Community Development 2403 Courthouse Drive Building 3 Virginia Beach, VA. 23456 Lynnhaven Station Condominium Association by Global Cinematic Society, LLC & Harbour Investments,LLC Dear Chair and Members of the Commission I am writing as a home homeowner and long-time resident of the Pinewood Gardens neighborhood, immediately adjacent to the parcel located at 105 N Lynnhaven Rd. for which the applicant seeks to change the zoning designation from its current office classification to a Business use zoning district. I respectfully urge the Commission to recommend denial of this rezoning request, or at minimum to defer recommendation until a full neighborhood impact study and mitigation plan are in place- because the proposed change will adversely affect our residential neighborhood in significant ways. Incompatibility with surrounding residential character Our neighborhood is compromised predominantly of single-family homes on large lots, with quiet, low traffic environment. A rezoning to business use, which typically allows higher traffic, commercial activity, parking and signage, and more intensive uses, will conflict with the residential character and scale of our adjoining homes. The city's Zoning Ordinance affirms that zoning should "promote good civic design and arrangement and protect and improve the quality" of residential neighborhoods Should the parcel transition to business zoning, we anticipate a substantial uptick in vehicle traffic, employee/customer parking, service deliveries, and nighttime or extended hours of activity, Our local streets designed primarily for residential access, are not suited for the increased volume and will create additional traffic volume and may jeopardize pedestrian safety, and create additional noise, Many of us selected our homes with the expectation of living in a stable residential neighborhood. A business zoning nearby may bring noise, lighting, signage, and other commercial externalities that diminish privacy and serenity and could negatively affect property values. Preserving existing residential zoning provides predictability and stability for adjacent residents. A shift to business zoning generally brings greater lighting and noise to its location to accommodate the change to business, without an analysis that provides all the data showing the existing infrastructure can fully accommodate the change without adverse consequences for the neighborhood, the rezoning should not proceed. The City's Rezoning Property procedures state that applications must be evaluated for consistency and the Comprehensive Plan, city policies and neighborhood context. At present, the proposal has not demonstrated how the proposed business zoning aligns with the intent and vision for this specific location nor has it sufficiently addressed how the change would be compatible with the adjacent residential homes. In closure, I respectfully request that the Planning Commission recommend denial of the zoning change from Office to Business for the parcel at 105 N Lynnhaven. If the Commission is unable to deny the request outright, I urge it at a minimum to condition any positive recommendation on, a full traffic, parking and pedestrian safety study , a storm water/ infrastructure capacity assessment, significant buffering , landscaping and lighting limitations, and noise mitigation measures limits on hours of operation and signage, clear guarantees that the business uses permitted will not negatively impact the adjacent residential neighborhood . Thank you for your time and attention as this will be life changing for all involved. I ask that you give full weight to the concerns of the affected residents and the future livability of our neighborhood as you deliberate this application Sincerely Chris Lonergan From: Judy Wilson ONeal To: Michael D.Hayes Subject: Fwd:See attached letter from Virginia Beach Date: Saturday,November 8,2025 1:29:43 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Judy Wilson ONeal On Sat,Nov 8, 2025 at 1:12 PM Judy Wilson ONeal <iawilson7448(aDgmail.com>wrote: I. PLANNING&COMMUNITY DEVELOPMENT Planning Administration viRGI A Building 3, Municipal Center BEACH 2403 Courthouse Drive Virginia Beach,VA 23456 PLEASE-READ CAREFULLY October 27, 2025 The Virginia Beach Planning Commission will hold a Public Hearing on Wednesday, November 12, 2025, at 12:00 p.m., at which time the following application(s)will be considered Lynnhaven Station Condominium , Association by Global Cinematic Society, vcN-oa LLC &Harbour Investments, LLC Property Owners: Global Cinematic Society, LLC, Harbour Investments, LLC Rto Conditional Rezoning(0-2 Office District to B2 Conditional B-2 Community Business District) Addresses: 101 N Lynnhaven Road& 105 N CJ2 Lynnhaven Road. Unit 105 GPINs: 14974422580001 & 14974422580002 City Council: District 3(Berlucchi) � Accela Record:2025-PCCC-00114 AICUZ: >75 dB DNL Staff Planner: Michael Hayes Moat' S qp Q-- _- t° �L Request to conditionally rezone split zoned RBn R5D parcel from 0-2 Office District to Conditional B-2 Community Business District to operate an eating&drinking establishment or retail business. You are being sent this letter because our records indicate that you own property directly adjacent to or directly across the street or waterway from the parcel described above. in accordance with State law, we are notifying you of the above application and advising you of your right to have your opinions on this request known to the Planning Commission. You have an opportunity to speak either virtually or in-person at the public hearing and you may also submit either a letter to the Planning Department at Building 3, Municipal Center, 2403 Courthouse Drive, Virginia Beach, VA 23456 or an email to mdHayes@vbgov.com regarding the application. Participation is not mandatory. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1 Register with the Planning Department by calling 757-385-4621 or via email at bnharriso@vbgov.com prior to 5:00 p.m. on Monday, November 10, 2025 2, Download WebEx and view the meeting at: https://ybb .vLwgbex_comJvbgovli 5b4 .php?MTID=m9d739c3cf48ffd9119a8bf$a8e556 Members of the public will be able to observe the Planning Commission meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber at City Hall, Building 1. 2"° Floor at 2401 Courthouse Drive, Virginia Beach, VA 23456, or virtually via WebEx by completing the two-step process above.All interested parties are invited to observe. If you require a reasonable accommodation for this meeting due to a disability, please call the Planning Department at 757-385-4621. If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. Please provide the Virginia Relay operator the login information for the WebEx and the operator will login to allow participation for individuals with hearing disabilities. Copies of the proposed plans, ordinances, resolutions and/or amendments are on file and may oe examined in the Depa.lrrent Gf Planning, Euildxg 3; Municipal Center, 2403 Courthouse Drive, Virginia Beach, VA 23456, by appointment or online at tittps://virginiabeach.gov/pc. For information call 757-385-4621. Staff Reports will be available on the webpage 5 days prior to the public hearing. If you have any questions about this application or desire to know more about what is being proposed, please contact Michael Hayes at 757-385-4621 or via email at mdHayes@vbgov.com As president of the Pinewood Gardens Civic league on behalf of Pinewood Gardens I wish to let it be known that we totally oppose the rezoning of these two lots. If this rezoning goes through and they get a alcoholic license then there will be noise levels up to 2 AM in the I morning trash in the backyard on Pinewood Drive as well as more crime and traffic accidents due to this rezoning. The rezoning of these two lots will impact the residence of Pinewood Gardens. It will actually change the whole dynamics of our small neighborhood, which is now a quiet,peaceful neighborhood with very little or no crime. I Judy Wilson ONeal President, Pinewood Garden Civic League i I t From: mactools22Calverizon.net To: Michael D.Have Subject: oppose rezoning 105 N Lynnhaven rd Date: Thursday,September 4,2025 4:48:06 PM Attachments: rezoning final.rtf 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. Greetings Virginia Beach Planning Commision, Please allow me to say "i oppose any rezoning change to 105 N. Lynnhaven rd", for these reasons, you see its funny to me how i am being notified of a possible zoning change from office to business for a warehouse that was to be used for paperwork, records and supplies and storage for office furniture as proposed in 1977, with many exceptions included in its design, most obvious is storm water run off like the flooding of the back parking lot and my backyard, but we are past those poor decisions. Now what i do know about a proposed change in zoning is that the previous owners of 105 N.Lynnhaven (Lynnhaven Station Condominium assoc.) have already had two different business tenants on the property, both of these tenants actually lived with family and friends in the warehouse building, first one was 3D Home Improvement, local residential contractor who would load tools and equipment around 6:30 am and let his poorly maintained trucks run and idle with screeching belts behind my residence for a hour or so and then later in the evening after the front building was closed, return with those trucks full of debris from jobs done that day and throw all debris in dumpster- lots of noise came from this as it happened everyday like the dumpster truck emptying the dumpster at early morning hours which the schedule increased to meet the contractor needs, so did the noise, now about his employees after work, they would converse very loudly, some might say argue as you heard the clanging of beer bottles from my dining room window, and yes there were also weekend bbq's in the parking lot on weekends, mostly sunday , because they did reside there, eventually hard times came and they moved out, and it was vacant for quite a while, not providing the owner with income , and then we were graced with OL 2 NU, a furniture restoration retail business, the tenant also lived in the warehouse, but he added two roommates to offset the leasing cost, and yes they all lived in the warehouse, this was a special group of men, as they had those loud and obnoxious cars like fast and furious, you could hear them speeding in and out of the parking lot at all hours of the night, and no concern for their neighbors as my family was kept awake many nights to the roar of these engines or stereo systems they were upgrading and the constant headlights beaming into the rear of my property and home. Now lets back to the retail business that was located in the warehouse, that provided the constant buzzing of sanders and the clang of powers saws cutting wood, but the special part was because the furniture restorer lived there, the noise was seven days a week and from 6am till 11 pm, and the fumes from shellac, polyurethane and wood stain and paint as often did the coatings outside and it forced us to keep the windows closed while he was in business and the gatherings in the parking lot on the weekend were also special as i never knew how many beer bottles would be thrown over the fence that night and onto my property for me to clean up the next day, so when you say there is a proposal for rezoning my family has already experienced what you are about to do, the new establishment , will bring the same level of noise and light but to also include stadium lighting like Beach Ford to make the customers feel safe and provide unlimited light pollution to my property, the increase in traffic and noise from delivery vehicles with backup alarms servicing the new business in the parking lot will seem like a new speedway with the customers and door dash frequenting the new business zoned location, reducing our quality of life here, aswell as reducing property value when bringing in a retail business, which should equate to a reduction in residential property taxes as one property thrives the other will die. The community puts alot of trust in the planning commission, but the decision to rezone a warehouse built in the 70's beside a neighborhood created in the 1950's will make people wonder who could be next for business development as this decision only benefits the business, by a commission for the people. Warm regards Chris Lonergan & family 2813 Pinewood drive Virginia beach,VA. 23452 fr< p� s Z�' l �p Q�y�' NI �'OFA oFiyCB2 4D C ® site Brianna Qureshi - Studio Citrine, LLC N p zoning 4510 Holland Office Park, Suite 507 W-*E Property Polygons s Feet 0 30 60 120 180 240 Map created by Planning Department on 11/14/2025 N {fµ�'y•• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIANNA QURESHI — STUDIO CITRINE, LLC [Applicant] HOLLAND OFFICE PARK, LLC [Property Owner] Conditional Use Permit (Beauty Salon) for the property located at 4510 Holland Office Park, Suite 507 (GPIN 1476691535). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: December 9, 2025 ■ Background: The applicant is seeking a Conditional Use Permit for a Beauty Salon at 4510 Holland Office Park, Suite 507. The applicant was recently made aware that a Conditional Use Permit is required to operate and is attempting to come into compliance with the submittal of this application. Services will include esthetics and make-up application. According to the applicant, up to three independently contracted employees will be operating in the suite and will operate Tuesday through Friday, 10:00AM — 7:OOPM, by appointment only. ■ Considerations: The site is in the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which a Beauty Salon is considered. The operation of a Beauty Salon is not expected to negatively impact other uses within the office park 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. Staff has received 1 letter of support and a petition of support with 20 signatures. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Brianna Qureshi —Studio Citrine, LLC Page 2 of 2 1. A business license for the Beauty Salon 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. 2. 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 Letter of Support (1) Petition of Support (20 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: PO Agenda • •• i • • Citrine, LLC - Property • • Park, Planning • • • • • •' CouncilCity / i' Project Details Request Conditional Use Permit (Beauty Salon) r Staff Recommenda tion rear a RFsshgr Approval a° 0 Staff Planner 1-0 Kristin Bauer 6' 'S-F rFF�F'P ?44, Location Pub � 6VO 4510 Holland Office Park, Suite 507 5G� a� ��GOPG GPIN 1476691535 Site Size y'�F s P e111'�C. 4k-01P Q NO F 01 3.67 acres P �fF�� ,lo AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District s ; Office Park/ 0-2 Office `4 , Surrounding Land Uses and Zoning Districts a North Industrial Park/ I-1 Light Industrial South c� s� Z 4 S Independence Boulevard'°�o `', Business Park B-2 Community Business : East Automobile Service Station, office/ B-2 Community Business, 0-2 Office West Office park, restaurant/0-2 Office, 1 -1 Light Industrial Brianna Qureshi - Studio Citrine, LLC Agenda Item 8 page 1 of 11 Background ► SummaryofProposal • The applicant is requesting a Conditional Use Permit to continue to operate a Beauty Salon in a [strikethrough] 2-,2-98 [end strikethrough] 820 square-foot suite in an existing office park. The office park is located within the Holland Office Park on property zoned 0-2 Office District. • The applicant was recently made aware that a Conditional Use Permit is required to operate and is attempting to come into compliance with the submittal of this application. • The applicant currently operates in the suite providing esthetics and cosmetic services, which include waxing, brow lamination, lashes, and applying makeup. Pending the approval of this application, the applicant is seeking the inclusion of nails as part of their offered services. • No exterior changes to the building are proposed. Signage for the use is already in place, as shown in the images provided on page 7 of this report. • The proposed hours of operation will be from 10:00 a.m. to 7:00 p.m.,Tuesday through Friday, by appointment only. • Three employees are anticipated to support the use. Zoning • Map Key No. Request 2 3 CUP (Adult Day Care)Approved �1 1 07/10/2025 11 1 02� 2 CUP(Veterinary Clinic) Approved 12/09/2014 � CRZ (Conditional 0-2 Office District o2 02 ` o to 1-1 Light Industrial District) a 3 Approved 09/14/2004 a CRZ (Conditional 0-2 Office District s�yo oak to Conditional 1-1 Light Industrial F'0Fti 4 R1 District) Approved 06/12/1996 �Ftic B2 F CUP (Automotive Service Station) B2 4 Approved 10/12/1994 CUP(Automotive Service Station) Approved 06/01/1987 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 Brianna Qureshi - Studio Citrine, LLC Agenda Item 8 page 2 of 11 Evaluation • • • The request for a Conditional Use Permit for a Beauty Salon is, in Staff's opinion, acceptable given that the use is compatible with the other existing commercial offices located in the vicinity and consistent with the Comprehensive Plan's recommendations for the Suburban Area. The beauty salon services offered within the existing commercial space are not expected to negatively impact other uses within the office park or the vicinity. It is Staff's opinion that the proposed beauty salon will not result in a significant increase in traffic within this established office park, as the use is consistent with typical office uses. The applicant will be required to renew their business license annually and be reviewed by the Health Department to verify that all requirements of Chapter 23-51 of the City Code are being met on the site. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting applicable to such establishments. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Beauty Salon 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. 2. 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. Brianna Qureshi -Studio Citrine, LLC Agenda Item 8 page 3 of 11 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. (pg.1-58 to 1-61) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Minimal, if any,traffic impact is South Independence 76700 ADTl 70,400 ADT 1(LOS z expected since the proposed use, Boulevard , "Y) and similar uses, are accounted for in existing traffic generation. 1 Average Daily Trips 'LOS = Level of Service Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) South Independence Boulevard in the vicinity of this application is considered an eight-lane major urban arterial. The MTP proposes an eight-lane facility within a 150-foot right-of-way. There is a proposed CIP project to improve the intersection of S. Independence and Edwin Drive to the east of this site.This project is currently scheduled to begin construction in 2031. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer This site is connected to City water&sanitary sewer. Brianna Qureshi - Studio Citrine, LLC Agenda Item 8 page 4 of 11 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. [Strikethrough]44 [End Strikethrough] 20 signatures of support and 1 letter of support have been received by Staff from the property manager, noting approval of professional operations and the applicant's community outreach efforts with neighboring office park tenants. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 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 24, 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 December 5, 2025. Brianna Qureshi -Studio Citrine, LLC Agenda Item 8 page 5 of 11 Site • • r' .r 1.4 v jj k F u .o Brianna Qureshi - Studio Citrine, LLC Agenda Item 8 page 6 of 11 Site , ■ > . �~ ... �� s « $UILDING # & k w; :mamma,wa! wt « name:mr Bdanna Ru?\G -7u/o O/me,\L Agenda Ite m 8 page 7 ofll Disclosure V-6- OF Disclosure VIRGINIA The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Brianna Qureshi Is Applicant also the Owner of the subject property? YesQ Not if no,property Owner must complete SECTION 2:FROAFRTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No® If yes,name Representative: Britani Dale Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yeskn; 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 Z relationship with the applicant. (Attach list if necessary.) Brianna Qureshi - single member LLC 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? YesQ NoQ` If yes,name the official or employee,and describe the nature of their interest. 17- 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 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Q e Disclosure Statement I rev. May-2024 page 1 of 3F Brianna Qureshi - Studio Citrine, LLC Agenda Item 8 page 8 of 11 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner t Construction Contractor 0 Engineer/Surveyor/Agent 01 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. Brianna Qureshi 8/28/25 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. ?'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 t at the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Virl stl n �a u?X Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Brianna Qureshi - Studio Citrine, LLC Agenda Item 8 page 9 of 11 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Holland Office Park, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQNoo if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Patrick L.Reynolds;Matt Wilbricht Does the subject property have a proposed or pending purchaser? Yeso No(• if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No(j) 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-col late ralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape ® Q Architect/Land Planner Construction Contractor 01 Q Engineer/Surveyor/Agent 0 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. Patrick Reynolds A&'-,ele,��ff zz�/ 09/01/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Brianna Qureshi -Studio Citrine, LLC Agenda Item 8 page 10 of 11 a 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. Brianna Qureshi -Studio Citrine, LLC Agenda Item 8 page 11 of 11 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 08: Brianna Qureshi — Studio Citrine, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Item 8 is Brianna Qureshi - Studio Citrine, LLC. Ms. Qureshi: Hi, good afternoon, commissioners. My name is Brianna Qureshi with Studio Citrine. I would just like to submit some additional items of support in that we just got back from some surrounding businesses yesterday. And we have reviewed all the conditions and find them acceptable. Mr. Coston: Thank you. Ms. Qureshi: Thank you. Mr. Coston: We've asked Commissioner Anderson to read this item into the record. Mr. Anderson: Thank you. The applicant is requesting a Conditional Use Permit to continue to operate a beauty salon in a 2200* square foot suite in an existing office park. The office park is located within the Holland Office Park on property zoned 0-2 Office District. The applicant was recently made aware that a Conditional Use Permit is required to operate and is attempting to come into compliance with the submittal of this application. For that reason, there were no objections to put this on the Consent Agenda. Mr. Coston: Thank you. (The following dialogue reflects the discussion to approve the withdrawal/deferral agenda in its entirety, which may not have directly followed the above discussion in this document) Mr. Coston: Madam Chair, that was the last item on the Consent Agenda. The Planning Commission places the following applications on the Consent Agenda: Four records of minutes, Items 3, 5, 6, and 8. Ms. Cuellar: Thank you very much, Vice Chair. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Plumlee: Move to approve. Ms. Hippen: Second. Ms. Cuellar: We have a motion to approve by Commissioner Plumlee, seconded by Commissioner Hippen. Any further discussion? Mr. Camp: Madam Chair? Ms. Cuellar: Yes, Commissioner. Mr. Camp: Just as a point of order, if we have one speaker, is this commission still allowed to pass the item on the Consent Agenda? Ms. Cuellar: It was taken off the Consent Agenda,the last one number 12. Mr. Camp: Yes, I know what happened. I'm asking, did the commission have the choice to go ahead and pass it on consent even though there was just a single speaker? Ms. Cuellar: No, it's my understanding from our rules that it would not meet the requirements for the Consent Agenda. But I will ask our counsel. Ms. Royster: Is this a speaker in opposition or in support? Clerk: Opposition. Ms. Royster: And I believe it should be taken out. Mr. Camp: Thank you. It was not clear whether the speaker was in opposition or support. Ms. Cuellar: Thank you, Commissioner. Clerk: The vote is open. Ms. Cuellar: So, we have a motion on the floor for approval of the Consent Agenda as read by the Vice Chair by Commissioner Plumlee and seconded by Commissioner Hippen. Clerk: By recorded vote of 11 to 0 with all aforementioned minutes and Items 3, 5,6,and 8 have been recommended for approval by consent. Ms. Cuellar: If you have 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 in the meeting, but you're also free to leave. *In a previous version of the staff report, the square footage incorrectly showed the number of 2200sgft whereas the actual square footage of the unit is 820 and has since been corrected. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor ani X Mauch X Conditions 1. A business license for the Beauty Salon 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. 2. 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. PAIDominion Commercial Real Estate Services,Worldwide. October 16,2025 Jon Stewart,CPM Property Manager jonstewart(a�,naidominion.com NAI Dominion 2001 Old Greenbrier Road,Suite A Chesapeake,VA 23320 www.NA]Dominion.com RE:LETTER OF SUPPORT-CONDITIONAL USE PERMIT FOR HOLLAND OFFICE PARK Dear Planning Commission Members, I am writing to express my full support for the Conditional Use Permit (CUP) application submitted for the property located at Holland Office Park off of Independence.As the Property Manager for Holland Office Park, I believe this project will be a positive addition to our community and aligns with the goals and character of the surrounding area. Over the time I've worked with Studio Citrine, I have witnessed their commitment to maintaining a professional, well-kept, and community-focused environment. Their proposed use of the property is consistent with the surrounding commercial uses and will enhance the overall value and activity in the area.I am confident their presence will contribute to a thriving business community and offer benefits to both local residents and neighboring businesses. I appreciate the applicant's proactive communication and their willingness to comply fully with the city's planning process,including the proper posting of the Public Notice Sign and engaging the community for feedback and support. Their collaborative approach is a strong indicator of their long-term investment in our area. For these reasons,I respectfully urge the Planning Commission to approve the Conditional Use Permit for this project. Thank you for your time and consideration. Sincerely, �t- �earaxt Jon Stewart,CPM 2001 Old Greenbrier Road,Suite A I Chesapeake I VA 1 23330 1 P 757.216.8438 1 F 757.828.5228 preynolds@ashby-development.com I www.ashbydevelopment.com WAIDominion Commercial Real Estate Services,Worldwide. Petition Letter in Support of Studio Citrine Holland Office Park Virginia Beach, VA 15 October 2025 City of Virginia Beach Planning Commission 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Letter of Support for Studio Citrine—Conditional Use Permit Application To Whom It May Concern, We, the undersigned neighboring businesses within Holland Office Park, are writing to express our full support for Studio Citrine in obtaining a Conditional Use Permit from the City of Virginia Beach. Studio Citrine has been operating at its current location within Holland Office Park for approximately a year and a half, and during this time, has been a positive, professional, and considerate neighbor. The business is well-maintained, operates quietly, and contributes to the overall professionalism and appeal of our office community. The owner and staff of Studio Citrine have consistently demonstrated respect for shared spaces, parking, and building regulations, and have cultivated a welcoming atmosphere that reflects positively on the property as a whole. Clients visiting Studio Citrine are courteous and respectful, and the business generates minimal noise or traffic impact. We believe that Studio Citrine's continued presence and formal approval under a Conditional Use Permit will enhance the diversity and vitality of the businesses within Holland Office Park, while maintaining the high standards of conduct and appearance we value in our shared environment. We respectfully urge the City of Virginia Beach to approve Studio Citrine's Conditional Use Permit application and allow them to continue their excellent work as part of our business community. Sincerely, The Businesses of Holland Office Park Petition Letter in Support of Studio Citrine Holland Office Park Adjacent Businesses Kempsville Area Virginia Beach, VA 15 October 2025 City of Virginia Beach Planning Commission 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Letter of Support for Studio Citrine—Conditional Use Permit Application To Whom It May Concern, As a nearby business in the Kempsville Area of Virginia Beach, we are writing to express our strong support for Studio Citrine in their application for a Conditional Use Permit. Although our business is not located within Holland Office Park, we have had the pleasure of interacting with Studio Citrine both professionally and personally—whether through shared clients, local business connections, or as patrons ourselves. Each interaction has been marked by professionalism, integrity, and genuine care for their work and their clients. Studio Citrine has operated in their current location for approximately a year and a half, and it's evident that they take pride in maintaining a space that is welcoming, well-kept, and in harmony with the surrounding community. Their reputation for excellence and their commitment to creating a positive client experience reflect the kind of small business that enhances our local business environment. We believe Studio Citrine's continued presence and growth will be a benefit to the neighborhood and the broader Virginia Beach business community, and we respectfully encourage the City to approve their Conditional Use Permit application. Sincerely, The Businesses of the Kempsville Area --------- --- - - -- - - ---- -----.------ ---- - ------ - - - -- ------------------- ------- ----------- — - ---- - - i I Petition Letter in Support of Studio Citrine I Business Name Email Phone Number Representative j Signature tllosc�vc� Toe 75-1 COi? cq-Ae- � Rb1�� . 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'q t o- b ( �phov. co,— i i i I I i I I i Petition Letter in Support of Studio Citrine Business Name Email Phone Number Representative Signature cc Shytac If7�-- LM— �Gpl } �?�Y�O« KulFc- ccxn 8q(08 bti- sh1 �sxy� 757- `enter- f�Q S vc �0 y 1 ( �t t-�CL-�Ee �5)CN hog . c t j 2- Prcp Ls 1 -(U.,O ry) ESh� E51 t1E'11t SIwo @C1M�it (del ENE �„ t 9 O 02 R5D R5D 5 �., R'5 D R5D R5D R'5D RSp s R'5D /R5D R`5 D R,5D R'5D LU R5D ® site Stephen Bruce N Q zoning 13285 1352, 1354, 1418, 1424, 1446 Regent University Drive W F Property Polygons s Feet 0 115 230 460 690 920 Map created by Planning Department on 11/13/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHEN BRUCE [Applicant] REGENT UNIVERSITY [Property Owner] Conditional Use Permit (Indoor Recreational Facility) & Conditional Use Permit(Outdoor Recreational Facility)for the property located at 1328, 1352, 1354, 1418, 1424, 1446 Regent University Drive (GPIN 1455688175, 1455762465, 1455762578, 1455763697, 1455764803, 1455771225, 1455773499, 1455773790, 1455774018, 1455774269, 1455776105, 1455776670, 1455777122, 1455781074, 1455873681). COUNCIL DISTRICT 7 (Jackson-Green) MEETING DATE: December 9, 2025 ■ Background: The applicant is requesting Conditional Use Permits for Indoor and Outdoor Recreational Facilities to allow for the development of a new athletic and fitness complex supporting a variety of sports at Regent University. Regent University proposes to develop an athletic complex that will allow the university to field Division III NCAA teams. The facilities include a main stadium with a track and field that can accommodate multiple sports; a separate fitness and athletic center with weight rooms, locker rooms, meeting space, and classrooms; and baseball and softball fields. The primary finishing material for all buildings is brick, with designs that pull from classic, colonial elements found in the region and incorporated into other Regent University buildings. The proposed buildings and fields will be connected by a network of walkways and plazas. The athletic complex will be directly served by two parking lots with a combined total of 187 parking spaces. If needed, additional parking will be available in other lots across the campus. While a traffic analysis prepared by an engineer was provided with this application, the parking numbers appended to that analysis were based on the Athletic Director's experience and discussion with colleagues, rather than on industry standards. To ensure adequate parking is provided, a condition is recommended to require a parking study, prepared by a professional engineer be approved by the Zoning Administrator prior to site plan approval. As the site is zoned R-5D Residential Duplex District, the maximum height permitted is 35 feet. With this application, the applicant is requesting deviations to the maximum height for the following: • Fitness and athletic center: 73 feet • Main stadium: 40 feet Stephen Bruce Page 2 of 5 • Stadium light poles: 90 feet • Flag poles: 60 feet • Protective netting and poles for baseball & softball fields: 40 feet ■ Considerations: Staff and the Planning Commission find that both Conditional Use Permit applications are acceptable, as the proposal aligns with the Comprehensive Plan and the Centerville Strategic Growth Area (SGA) Master Plan. The plan includes two parking lots accessed from Regent University Drive, and due to the limited intensity of Division III events, parking demand is expected to be manageable; however, a condition has been recommended requiring approval of a parking study prior to site plan approval. In coordination with Public Works Traffic Engineering, the applicant produced a satisfactory traffic analysis, and a southbound left-turn lane on Regent University Drive will be added to ensure adequate operations during simultaneous home events, with active traffic management planned for larger tournaments. Additionally, Staff and the Planning Commission supported the request for height deviations for structures ranging from 40 to 90 feet, as allowed under Section 107(i) of the Zoning Ordinance, finding no anticipated adverse impacts on surrounding properties and noting that the heights and architectural elements are appropriate for the intended use and consistent with the university's aesthetic. Buildings and plazas will incorporate brick finishes, and pedestrian circulation will be directed through internal pathways complemented by a robust landscape plan. During their formal hearing, the Planning Commission discussed the desire for a more continuous path along Regent University Drive and Centerville Turnpike. While upgraded pedestrian facilities are included with the Centerville Turnpike Phase II Capital Improvement Program project slated to go out to bid for construction in March of 2026, the Commission added a condition (Condition 3) to ensure connectivity and continuity along both the Regent University Drive and Centerville Turnpike frontages. Overall, the proposed athletic complex represents a high-quality facility that enhances recreational and engagement opportunities for the university community, and staff recommends approval of both Conditional Use Permit requests subject to the recommended conditions. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Stephen Bruce Page 3 of 5 ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0 with 1 abstention. 1. The athletic complex/recreational facilities, when developed, shall be in substantial conformance with the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEX PROJECT: OVERALL SITE PLAN", prepared by Burns McDonnell, dated 08/15/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The athletic complex/recreational facilities, when developed, shall be landscaped in substantial conformance with the concept landscape plan entitled, "OVERALL LANDSCAPE PLAN", prepared by Burns McDonnell, dated 07/25/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. To the greatest degree possible, within its ownership, control, and physical ability, the applicant shall install a sidewalk or other similar pedestrian pathway to provide connectivity between the proposed athletic facilities and the sidepath along Centerville Turnpike, connectivity from the athletic facilities to the student housing near Jake Sears Drive, and a continuous pedestrian facility along the Regent University Drive frontage. 4. A left turn lane shall be added to Regent University Drive as depicted on page 4 of the "Regent University Athletic and Fitness Complex Traffic Memo", produced by Burns McDonnell, and dated October 6, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The fitness and athletic center building shall be constructed in substantial conformance with the submitted front (east) and rear (west) building elevations entitled "FITNESS & ATHLETIC CENTER: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/31/2025 as well as the side elevations (north and south) entitled "EXTERIOR BUILDING ELEVATIONS", produced by Burns McDonnell, dated 06/04/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The main stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "MAIN STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/23/2025, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. Stephen Bruce Page 4 of 5 7. The baseball stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "BASEBALL STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/31/2025 and 05/29/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 8. The softball stadium building shall be constructed in substantial conformance with the elevations entitled "SOFTBALL STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/17/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 9. Prior to approval of the site plan, a new plat shall be recorded, which creates a single parcel with incorporation of the portion of 1133 Centerville Turnpike, GPIN 14558736810000, necessary to accommodate the athletic courts depicted in the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEX PROJECT: OVERALL SITE PLAN", prepared by Burns McDonnell, dated 08/15/25, and the vacation of all internal property lines. 10. The applicant shall conduct and submit a parking study signed by a certified Professional Engineer (PE) to be reviewed and approved by the Zoning Administrator prior to approval of a site plan for the athletic complex. 11. As permitted in Section 221(1) of the Zoning Ordinance, the following deviations in height are permitted: a. Stadium light poles with a maximum height of 90 feet. b. The fitness and athletic center with a maximum height of 73 feet. C. The flag poles with a maximum height of 60 feet. d. The protective netting and associated poles for the baseball and softball stadiums with a maximum height of 40 feet. e. The main stadium with a maximum height of 40 feet. 12. Prior to the approval of the site plan, 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 and right-of-way. Stephen Bruce Page 5 of 5 b. Lighting fixtures shall not be erected any higher than fourteen (14) feet except where a deviation has been granted. ■ 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:fV Agenda Items 9 & 10 ' ••licant: Stephen Bruce VB ' •• Owner: Regent UniversityPlanning • • • • •- 1 CouncilCity • Project Details Requests Conditional Use Permit (Outdoor Recreational Facility) Conditional Use Permit (Indoor Recreational Facility) Staff Recommendation Approval I L Stag Planner Michael Hayes ,w, Location / 1328, 1352, 1354 1418, 1424, & 1446 Regent University Drive GPIN 14557688175, 1455762465, 1455762578, 1455763697 1455764803, 1455771225, 1455773499, 1455773790, 1455774018, 1455774269, 1455776105, 1455776670, 1455777122, 1455781074, 1455873681 Site Size 25.44 acres AICUZ .Y Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped / R-5D Residential Surrounding Land Uses and Zoning Districts North University, multi-family dwellings/ R-51) Residential South Centerville Turnpike Undeveloped / R-5D Residential " East Centerville Turnpike Undeveloped / R-51) Residential West Regent University Drive Offices/ 1-1 Light Industrial, 0-2 Office Stephen Bruce Agenda Items 9 & 10 page 1 of 33 Background SummaryofProposal • The applicant is requesting Conditional Use Permits for Indoor and Outdoor Recreational Facilities to allow for the development of a new athletic and fitness complex supporting a variety of sports at Regent University. • The facilities are intended to support the development of Division III NCAA athletic teams and to provide a place to host their events. Facilities will also be available to students. • Consistent with other buildings on the campus, the facilities are designed with Colonial Revival architectural elements with brick as the primary finishing material. The fitness and athletic center includes a colonnade with wide tapered columns across the front of the building and a large second-story balcony, providing cover over the main entry on the ground floor. Additional finishing details include a large crest on the front gable and a cupola.The main stadium features similar elements, again with brick as the main finishing material. The arched brickwork and windows with prominent keystones add a Jeffersonian element of design that distinguishes this structure from the fitness and athletic center. While the baseball and softball stadiums do not include as much detail as the other structures, they still feature the same high-quality, durable materials, with more subtle nods to Colonial architecture. • The athletic center will contain locker facilities, weight rooms, classrooms, and a basketball court.The main stadium will have a grandstand on one side, which includes stadium-style seating, concessions, restrooms, and storage facilities. The field will be suitable for numerous field sports such as football, soccer, and lacrosse, and will include a track around the perimeter. There will also be separate baseball and softball fields, basketball courts,tennis courts, and pickleball courts. • Pedestrian walkways will wind through the complex, connecting all of the elements, and leading to and from the academic campus. • As proposed,the tennis courts would extend onto a parcel that contains existing student housing. If the Conditional Use Permits are approved, a resubdivision plat would be submitted for review and approval to locate the athletic complex entirely on one parcel and the student housing on a separate parcel. • The maximum height permitted for buildings in R-5D Residential Duplex District is 35 feet. The applicant is seeking deviations to the height requirements for several of the proposed buildings through the provisions of Section 221(i) of the Zoning Ordinance, as noted in Condition 8.The following is a list of the buildings and structures along with their maximum proposed height: o Fitness and athletic center: 73 feet o Main stadium: 40 feet o Stadium light poles: 90 feet o Flag poles: 60 feet o Protective netting and poles for baseball &softball fields: 40 feet Stephen Bruce Agenda Items 9 & 10 page 2 of 33 • The athletic complex will be directly served by two parking lots, one having 159 spaces and the other having 28 parking spaces for a total of 187 spaces.These parking lots are accessed by Regent University Drive. If needed, additional parking will be available in other Regent University lots across the campus. • The applicant provided a traffic operations analysis memorandum, which outlines the expected number of vehicle trips as well as the parking demand for typical facility use, as well as during events. Public Works Traffic Engineering has reviewed and accepted the findings of this analysis. More details are provided in the evaluation section of this report. Zoning History Map Key No. Request \hi • R5t 5 02 1 CUP(Religious Use) Approved fi Z 05/11/2010 2 CRZ (R-5D Residential to 0-2 Office) — RSD aQ�� Approved 12/12/2000 3 CUP(Housing for Seniors and Disabled) Approved 1/13/1998 R 5 CRZ(R-8 Residential to R-1 �� r 4 Residential) Approved 4/22/1985 CUP(Horse Stables)Approved 4/22/1985 R5D 5 CUP(Student Housing) Approved 35° � 12/14/1981 02 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC.Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • Staff finds the two Conditional Use Permit Applications, one for an Outdoor Recreational Facility and the other for an Indoor Recreational Facility, to be acceptable. The proposed development and use fulfill the vision of the Comprehensive Plan and, more specifically, the Centerville Strategic Growth Area Master Plan for this site. Regent University proposes to develop an athletic complex that will allow the university to field Division III NCAA teams, including, but not limited to, baseball, softball, football, tennis, and track and field.The facilities include a main stadium with a track and field that can be utilized for multiple sports.There is a separate fitness and athletic center with weight rooms, locker rooms, meeting space, classrooms, and other related amenities. Stephen Bruce Agenda Items 9 & 10 page 3 of 33 The plan also includes baseball and softball fields.The various buildings and fields are tied together by walkways and plazas. Two parking lots accessed from Regent University Drive, a larger lot intended to serve the fields, and a smaller lot directly adjacent to the fitness and athletic center, are provided. No vehicular access is available from Centerville Turnpike. Since Division III is the least intense level of NCAA athletics, attendance at events is expected to be limited. The university provided preliminary estimates for the expected parking demand to the engineering consultant which prepared the traffic analysis. Staff is recommending a condition requiring the submittal of a parking study, prepared by a professional engineer, to demonstrate that the parking demand for the facilities can be accommodated on site. The parking study would need to be reviewed and approved by the Zoning Administrator prior to site plan approval. The applicant's engineers worked with staff in Public Works Traffic Engineering to provide a satisfactory traffic operations analysis outlining the expected number of vehicle trips, as well as the parking demand for daily facility use, as well as during events. During the review, Public Works Traffic Engineering staff determined that an adjustment to the right-of-way was required to include a southbound left-turn lane on Regent University Drive. With the addition of the left-turn lane, the streets and parking can accommodate two home competitions at the same time. During major events, such as conference meets or tournaments, Regent University would utilize active traffic management, such as flaggers, as they do during graduations. No vehicular access is proposed from Centerville Turnpike. Further review will take place during final site plan review. The applicant is seeking several deviations related to the height of various proposed structures.The R-51) Residential Duplex District limits building and structure heights to 35 feet.The tallest point of the proposed buildings and structures comes from the stadium light poles at 90 feet, followed by the top of the fitness and athletic center's cupola at 73 feet. The proposed flag poles reach a height of up to 60 feet, while the main stadium and the safety nets for the baseball and softball fields have a maximum height of 40 feet. The applicant is requesting a deviation to this requirement through the provisions of Section 107(i) of the Zoning Ordinance, which allows the City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties" In Staff's view, the proposed building height deviation will not result in any detrimental effects to the surrounding properties or negatively impact the aesthetics of the area. They are also reasonable heights for the uses proposed and allow for design elements that are in keeping with the general aesthetic of Regent University. Additionally,the buildings will be finished in brick similar to many of the buildings on and associated with the university. Brick will also be used to create plazas and special areas around the various venues. The applicant intends to funnel all pedestrian traffic into the site along these paths rather than constructing public sidewalk along the streets. The landscape plan includes a variety of plantings to complement the built environment and provide shade along the proposed paths. The conceptual site plan has been reviewed by the Fire Marshal's Office, and no concerns were raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Stephen Bruce Agenda Items 9 & 10 page 4 of 33 Regent University proposes a high-quality athletic complex that provides a new level of interaction, entertainment, and fitness opportunities for students, alumni, and their friends and families.The proposal meets the goals of the Centerville Strategic Growth Area Plan, and as such, staff recommends approval of the two Conditional Use Permit requests subject to the conditions listed below. Recommended Conditions for CUPS (indoor & Outdoor Recreational Facilities) 1. The athletic complex/recreational facilities, when developed, shall be in substantial conformance with the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEX PROJECT: OVERALL SITE PLAN", prepared by Burns McDonnell, dated 08/15/25,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The athletic complex/recreational facilities, when developed, shall be landscaped in substantial conformance with the concept landscape plan entitled, "OVERALL LANDSCAPE PLAN", prepared by Burns McDonnell, dated 07/25/2S, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. To the greatest degree possible, within its ownership, control, and physical ability, the applicant shall install a sidewalk or other similar pedestrian pathway to provide connectivity between the proposed athletic facilities and the sidepath along Centerville Turnpike, connectivity from the athletic facilities to the student housing near Jake Sears Drive, and a continuous pedestrian facility along the Regent University Drive frontage. 4. A left turn lane shall be added to Regent University Drive as depicted on page 4 of the "Regent University Athletic and Fitness Complex Traffic Memo", produced by Burns McDonnell, and dated October 6, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The fitness and athletic center building shall be constructed in substantial conformance with the submitted front (east) and rear(west) building elevations entitled "FITNESS &ATHLETIC CENTER: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/31/2025 as well as the side elevations (north and south) entitled "EXTERIOR BUILDING ELEVATIONS", produced by Burns McDonnell, dated 06/04/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The main stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "MAIN STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/23/2025, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 7. The baseball stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "BASEBALL STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, �Stephen Bruce Agenda Items 9 & 10 page 5 of 33 dated 01/31/2025 and 05/29/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 8. The softball stadium building shall be constructed in substantial conformance with the elevations entitled "SOFTBALL STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/17/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 9. Prior to approval of the site plan, a new plat shall be recorded, which creates a single parcel with incorporation of the portion of 1133 Centerville Turnpike, GPIN 14558736810000, necessary to accommodate the athletic courts depicted in the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEX PROJECT: OVERALL SITE PLAN", prepared by Burns McDonnell, dated 08/15/25, and the vacation of all internal property lines. 10. The applicant shall conduct and submit a parking study signed by a certified Professional Engineer(PE) to be reviewed and approved by the Zoning Administrator prior to approval of a site plan for the athletic complex. 11. As permitted in Section 221(i) of the Zoning Ordinance, the following deviations in height are permitted: a. Stadium light poles with a maximum height of 90 feet. b. The fitness and athletic center with a maximum height of 73 feet. c. The flag poles with a maximum height of 60 feet. d. The protective netting and associated poles for the baseball and softball stadiums with a maximum height of 40 feet. e. The main stadium with a maximum height of 40 feet. 12. Prior to the approval of the site plan, 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 and right-of-way. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet except where a deviation has been granted. Comprehensive Plan Information The Comprehensive Plan includes the subject property in the Centerville Strategic Growth Area (SGA) Master Plan.The Master Plan depicts athletic fields in this location, while the land use plan shows this area as open space/stormwater management, institutional, and community uses. (p.14 &41, Centerville SGA Master Plan) These uses are seen as a part of an expansion by Regent University. (p.44, Centerville SGA Master Plan) Stephen Bruce Agenda Items 9 & 10 page 6 of 33 Design principles important to the site design, taken from the Reference Handbook, include locating bike racks close to main building entrances, incorporating existing trees and new plantings to provide a distinct character, and constructing special features to strengthen identity, create focal points, and ease pedestrian and bicycle navigation. Additionally, stormwater ponds should be designed to serve as site features. ImpactsNatural & Cultural Resources The site is located in the Chesapeake Bay watershed There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use z-0 ADT Centerville Turnpike 21,074 ADT' 15,000 ADT'(LOS 4 Proposed Land Use 3-1,201 D ) Proposed Land Use' + Events— 1,415 ' Average Daily Trips 2As defined by the 'As defined by a 4LOS = Level of property being health &fitness club Service undeveloped Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Centerville Turnpike is a two-lane minor suburban arterial within a variable-width right-of-way in the vicinity of this site. The Master Transportation Plan shows a four-lane divided highway with a shared use path and an ultimate right-of-way width of 145 feet. Centerville Turnpike is currently operating over capacity. Regent University Drive is a local two-lane undivided roadway within a variable-width right-of-way. This roadway is not included in the Master Transportation Plan.There are currently no capital improvement projects scheduled for this segment of Regent University Drive. There is a CIP project in the vicinity of the site.The proposed Centerville Turnpike Phase II (CIP #100057) project will construct a four-lane divided highway to include sidewalk and dedicated on-road bike lanes from Indian River Road to Kempsville Road. The project is currently scheduled to be advertised for construction in March 2026. The Trip Generation provided was extracted from the approved Regent University Athletic and Fitness Complex —Traffic Operations Analysis Memorandum dated October 6, 2025.The proposed traffic volumes represent Stephen Bruce Agenda Items 9 & 10 page 7 of 33 weekday Average Daily Traffic (ADT), AM Peak Hours, and PM Peak Hours for both non-event days and event days. Typical events were indicated to occur in evening peak hours on weekdays and weekends.The weekday evening peak hour events are anticipated to occur approximately 30 times a year. Active Transportation Plan The Active Transportation Plan calls for an 8-foot wide Shared Use Path (Regent Trail). The Department of Parks & Recreation recommends pedestrian facilities along Regent University Drive to include standard 5-foot-wide sidewalks to be installed. Public Water There is an existing 12-inch City water main along Centerville Turnpike and an existing 16-inch City water transmission main along Regent University Drive. City water is available on the site. Sewer There is an existing 12-inch City sanitary sewer gravity main along and an existing 12-inch City sanitary sewer fore main along Regent University Drive. There is also an existing 10-inch City sanitary sewer gravity main along the northern property line within a public utility easement. Sewer and pump station analysis for pump station #446 is required to determine if future flows can be accommodated. City sanitary sewer is available on the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 24, 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 December 5, 2025. 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Lr aaAP JrnEruxeaPJea;n 3eea: xra a SB A•n{3— ea C N a 1M1 we uuauWSJCFJ 11M7 NdM;W Vl FOR CONSTRUCTION v tIR 4t W'�A4 O 9 W c w N n w 0 rD Site • • re�>P t y .r .. � Stephen Bruce Agenda Items 9 & 10 page 28 of 33 Disclosure DisclosureCITY OF VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for oil applications that pertoin 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 Regent University,Attn: Stephen Bruce, Executive Vice President of Admin 8 Is Applicant also the Owner of the subject property? Yes&No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No(�) If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNOO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) See attached. 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 NoO If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O o cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 O Disclosure Statement I rev. May-2024 page 1 of 3 Stephen Bruce Agenda Items 9 & 10 page 29 of 33 Disclosure SECTIONAPPLICANT DISCL• -• SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O Architect/Designer/Landscape o Architect- Burns and McDonnell Architect/Land Planner O Engineering Co. Inc. Landscape Architect Construction Contractor © 0 Engineer-Burns and McDonnell Engineering Co.Inc., Engineer/Surveyor/Agent 0 Surveyor-Pennoni Legal Services o 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. Stephen Bruce 7/25/2025 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 1 1/18/2025 Michael Hayes -2 11/18/2025 Staff Name(Print) Staff Si gnat Date Disclosure Statement I rev. May-2024 page 2 of 3 Stephen Bruce Agenda Items 9 & 10 page 30 of 33 Disclosure Regent University and Affiliated Entities Officers,Directors,and Trustees Regent University Officers: Executive Committee: Gordon Robertson,Chancellor Steve Bruce,Executive Vice President,Finance and Administration Claire Foster,Executive Vice President,Advancement and Enrollment William Hathaway,Provost Louis Isakoff,Senior Vice President and General Counsel Chris Mitchell,Vice President/Chiei7oF!Police Martha Smith,Vice President,Human Resources and Administration Joseph Umidi,Executive Vice President,Student Li'='. Deans: Josh McMullen,Dean,College o2lArts and Sciences Anna Ord,Dean,College o_?]Health and Behavioral Sciences Simon Tarr,Dean,Honors College;Dean,School ohlCommunication and the Arts Esther Gitlie,Dean,University Library Michele Bachman,Dean,Robertson School a3lGovernment Doris Gomez,Dean,School oMBusiness and Leadership Comb Bekker,Dean,School o;lDivinity Kurt Kreassig,Dean,School 67Education Ernie Walton,Interim Dean,School oJLaw Regent University Trustees: M(,]?Phi I.Walker,Chairman Dry7Chauncey Crandall,Vice Chairman Msh7Jenni-'tr Whitelaw,Secretary Mr.7Gordon Robertson,Chancellor MrfDrew Ashby MrIMSteve Best MsClDianne Cash MrMArun Daniel MrfBill Federer Mr211ames Gregory DP]JoeJohnson MOIStephen Levy Mrl?]Howard Long Stephen Bruce Agenda Items 9 & 10 page 31 of 33 Disclosure Statement MOIBill Maynard MrJDavid Melilli Mr? aySekulow Mr7Danny Sellers Magda MNSerrano Pastor James Ward Regent University Foundation: Lou Isakoff,President Steve Bruce,Secretary Henrico,Inc?l(holding company`-br the Founders Con'Erence Center,LLC): Lou Isakoff,President Steve Bruce,Director Founders ConLbrence Center,LLC(dba The Founders Inn and ConAmrence Center): Lou Isakoff,President/Manager Frio Corporation-Fully dissolved Stephen Bruce Agenda Items 9 & 10 page 32 of 33 • 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. Stephen Bruce Agenda Items 9 & 10 page 33 of 33 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 09 & 10: Stephen Bruce Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items Nine and 10, Stephen Bruce. Ms. Cuellar: Good afternoon. Mr. Bruce: Good afternoon, Madam Chairwoman, members of the council, excuse me, the commissioners, city staff, and fellow citizens. My name is Steve Bruce. It's my pleasure to serve as the Executive Vice President for Finance and Administration at Regent University. My comments will be brief because I believe there are some questions that came up in the informal session. I want to make sure we leave time for. This project,quite frankly,will change the nature of our university. This I've referred to our board members as Regent University 2.0. It will usher in a whole new wave of opportunity for student recreation, for student wellness, and really for us to better serve the community that we call home. From the early stages of our planning, we've been sharing with the city staff, city manager, the mayor, other members of economic development, "What is it that you would want to see happen in this area of the city that would make Virginia Beach better?" Certainly, recreation has become... sports tourism is a priority of the city, and we firmly believe that this will be another asset, certainly for our use primarily, but that we can leverage for the betterment of Virginia Beach as well. Our team from Burns& McDonnell are here today to help answer any questions that you may have. We have worked extensively with the planning staff. I want to thank Mike for his help throughout this process. We are in agreement with the recommendations that they have presented to you, and we are grateful for their support of our application. With that, I'm happy to answer any questions you have. Ms. Cuellar: Thank you, Mr. Bruce. Commissioner Plumlee. Mr. Plumlee: Mr. Bruce, thank you very much. This looks like a spectacular project. I don't have direct criticism of the plan. Has there been any effort for the university to conduct any study on its own with regards to secondary effects or potential secondary negative secondary effects on the adjoining homes, residences, businesses, or what complement that it will be to those homes and businesses? Has there been anything like that done to your knowledge? Mr. Bruce: There's been no formal study. No, sir. We believe that the property,which we were only recently able to acquire in the spring, has been, in essence, in reserve for the university for years. And so the expansion, if you will, is certainly monumental for the university. But in terms of negative impacts to the community, we would consider those to be negligible in essence, because the primary use will be simply for things that are already happening adjacent to that property, the further education of our students. But certainly efforts again that the university's already doing to support the community. Mr.Plumlee: I guess what I'm getting at is when you have sporting activities,you have lights in the evening, you have cars, some intensity with cars coming and going. You have crowds of people attending these ball games. And I didn't know if there had been some thought given to the distances,noise levels, lighting overlay that would happen because of something like this. Mr.Bruce: Let me speak to the traffic piece first. We have agreed to and are prepared to supply a traffic study,engineered, stamp traffic study in support of this application,which we believe can come after the approval of the Conditional Use Permit. That's what we were informed of. With regard to the lighting, at least if you look at Salem and Tallwood, by approximately similar types of structures, the residential encroachment around both of those schools is certainly closer than what you would find at the Regent property. There's a lot of natural tree buffer on the Centerville side of the project. There's nothing on the 1-64 side of the project. Really,the only people that we would have lighting impacts or really noise impacts would be our own campus, save for maybe the Sentara folks that are across the street. They're also looking forward to having this in proximity to them potentially for ways that they can leverage it for wellness activities as well. At least that's what we've been informed of from their team. Mr. Plumlee: Thank you very much. Ms. Cuellar: Commissioner Hippen. Ms.Hippen: Hello. So,I am the commissioner for District Seven,and I live right down the street from you. I live behind Centerville Elementary School. Okay. So, I'm very well acquainted. So, you also have an apartment complex across Centerville from you. The two questions that I had, so you are willing to add a condition that you will do a traffic or parking study? Mr.Bruce: There's a traffic study that we had been recommended by city staff that we're prepared to do. There hadn't been anything specific to parking. We've provided the staff feedback on the appropriate levels of parking, both what we're adding, but what already exists on campus. And when I say campus, I mean the entirety of campus, including the CBN property extending all the way over to the Founders Inn property, which in essence, even any of that we don't own, we're very close neighbors with CBN as you can imagine,and regularly share parking with them as much as they do with us. There's ample parking, but the traffic study is absolutely something we're prepared to supply. Ms. Hippen: Okay. So, my concern is parking. Because you are along a major traffic corridor there. And as you and I are both aware that people do use Regent University Drive to cut through to avoid Centerville Turnpike. Centerville Turnpike is about to be,according to this is the second time I've, I've only lived there since '97 in the house that I'm in. But this is the second time we've been told that Centerville will be widened. It's coming. Okay. That's what they said before. So, there's two concerns. I do have concerns about parking, especially for sporting events because I believe that you are going to get crowds. If you build it, they will come. The other thing is sidewalks. You have got folks living in the Regent Village. They're on Jake Sears Drive. Okay? You have no sidewalks along Regent University Drive, but if you have people walking from the parking lots from the university, then they're not going to have a sidewalk to walk on. So, my question is, there's two things that I want to ask you to add to this. And I know this is a huge project. This is,I don't see anything bad about it except for parking and pedestrian because we are trying to, you are trying to build something and improve that side of the city. And I think this is great,but I think you're going to have more pedestrian traffic than you realize you will have. And I think you're going to have more vehicular traffic than I think you realize you will have. That's just from living there. That's what I believe. And you and I both know how the traffic backs up right now. When they start working on Centerville, that's going to push people towards Regent University Drive. They're not going to go all the way around to Kempsville to come around you. And I know how people are. So, my question is, are you willing to put a condition on to do sidewalks and to do an actual parking study along with the traffic study? Mr. Bruce: So, let me address the first piece with some of the, I believe the feedback from the site visit that came,we're very interested in trying to connect Regent Village, any of the property that you had mentioned that folks have to come across Centerville currently. I'm forgetting the name of the apartment complex. Ms. Hippen: I don't, I don't remember it either that it's driving me. Mr. Bruce: That's Oxford Trace, I think. Ms. Hippen: Yes,that's it. Yes, sir. Mr. Bruce: Things that we can at least help them understand how to get to the facilities. There are some existing walkways along Centerville. We know that once you head down toward Indian River, it gets a little dicey because people cut over early and all of the gravel and washout that's there is a problem. Not within the scope of this project,but certainly anything we can do to make it more evident the points of egress into the property. We have some ideas about how to make sure, at least at the village,the Regent Village end of that, there's a point at which you can come off existing walkways and gain entry into the facility itself. On the parking piece, I think it would be helpful for me to understand at least what the city requirements are in terms of the number of parking spaces that are required for the type of use that we're looking at. Certainly, it's something I hope that we could deal with on the other side of Conditional Use, but if it is something that we would be required to gain full building permit to undergo a full parking study,we're certainly willing to understand what is required in order to get through the rest of that process. I do believe,again,with the number of parking spaces that are on a daily basis unoccupied throughout the entirety of that complex, what we're going to bring to campus under most, what I would call normal use circumstances, graduation being aside one day a year, we certainly hope, and we want to see you in the stands as well since you're that close, that we bring a lot of people to campus,but we do believe we have ample capacity for what we're talking about. And certainly, at the level of competition,Division III,my own alma mater,Virginia Wesleyan,can attract pretty big crowds, but very manageable. Nothing like where my son went, Virginia Tech, on a football Saturday. We wouldn't expect anything of that size. Ms.Hippen: Well,we can always hope. You never know. However,yes, I do,I can't wait to see Centerville being extended, the bike lanes that exist being cleaned and then added all the way to Indian River and past there. And that's why I am asking about Regent University Drive itself, because I foresee you putting in all of this infrastructure here, and especially with the recreation center, you're going to have people bicycling and walking in that area, which is why I am asking about sidewalks and bicycle paths. That's the reason I'm asking. And these are things that we also, and I know my fellow commissioner Byler will agree that we love to see the walking and the biking and all of those things taking place all over the city. And that would just enhance it. Now, when I ask these questions of staff, who are great people, don't get me wrong,their response was, "Well, Centerville Turnpike is going to be expanded,"but you are doing this now and Centerville Turnpike,well,we're going to go out for a bid. You are doing this now. So,with that infrastructure put in, I think it will enhance your project. And I think, as I said, if you build it,they will come. Mr. Bruce: Thank you for your questions. Ms. Cuellar: Ms. Alcock, you had a comment? Ms. Alcock: Yeah, I just wanted to make one point of clarification. So, a traffic operations analysis was provided with this application and was reviewed by our traffic engineering staff. We also have recommended a condition, it's Condition 9,that would require a parking study prepared by a professional engineer be reviewed and approved as part of the site plan review process. Ms. Hippen: Oh, it does say "shall." I'm sorry. It does say "shall." Okay. And so,we do have a parking study already. Okay. Thank you. Sidewalks? Mr. Bruce: Sidewalks, we'd love to talk with the planning staff about how to do that within the keeping of what we have in outline for the facility. Putting concrete where it's just not going to encourage that flow into the facility is certainly something we wouldn't encourage. We want that space,especially around the BMP once it's fully vegetated... Ms. Hippen: Yes,yes. Mr. Bruce: It's going to be a lovely spot for folks to just come out and contemplate. Ms.Hippen: Yes,yes. No,I'm talking about walking around the facility,because I've got, so my 16-year-old nephew lives with me, and I'm going to tell you he will bike down there. That is within,well within his range. Mr.Bruce: So,remind me though,on the Centerville side,there's already existing sidewalk from Jake Sears all the way down to, I can't remember where it terminates now. Is it the back entry to Regent there on Centerville? Mr. Camp: It's an eight-foot-wide asphalt sidewalk that does terminate where you indicate. Yes, sir. Ms. Hippen: There you go. Thank you. Ms. Cuellar: Thank you, Commissioner Camp. Mr. Camp: Thank you for your application and your time with us this morning. I do have a couple of questions. With regard to the fitness center,who will be eligible to use those facilities? Mr.Bruce: So,the fitness center will be primarily designated for the use of the students,as would all of the other spaces there included. However,just as happens with our main theater, with our atrium,with several of the other spaces on campus, groups that come to the university and ask for permission or have a need of the spaces that we have, we welcome on any number of occasions, folks to come and utilize our facilities. We've not had anything of this type on our campus before. So, in some ways it's uncharted territory, but I can imagine us wanting to partner in any way that we possibly could while again,still preferring use by our own students,for the local school systems to make use of those facilities on a regular basis. Mr. Camp: So, is it also foreseeable that the public, in addition to being spectators at events, might at some time actually enter the fitness center and use the fitness center facilities? Mr.Bruce: To be quite honest, it's not designed to be a public recreation facility. I do know that Councilman Cash Green has mentioned an interest in trying to put something of that nature in that aspect of the city. But I'm not aware that this would supplant that. This would be a private use facility that we would certainly welcome the public to come and utilize in times when we're not hosting events or have other need of it. Mr. Camp: But not as a membership model open to the public. Mr.Bruce: That is correct. Mr. Camp: Okay,very good. Number two,with regard to the sidewalks, I'd like to be a little bit more precise about it. With the landfill at Jake Sears,just at the south end of the diagram down here, even on our site visit, we witnessed the tractor trailers, the dump trucks, the contractors pulling trailers full of debris. There is a lot of what I would call heavy traffic on this road. It is not a bucolic quiet road on the edge of a college campus. It's one that people are heading to the landfill on as one of the many uses. And for that reason,I have a safety concern with not providing some form of continuous sidewalk for the benefit of your students and for others who are traversing along here in an effort to preserve the vision that you've clearly put a lot of time into creating here. What was suggested at the site visit was merely to connect the sidewalk segments that you've already delineated in your plan. For example, your sidewalk from the north end of the site plan delivers pedestrians to a parking lot, and the mixing of cars and people walking around in the parking lot is not optimal. It's not optimal on a college campus. It's not optimal alongside a busy street where you have traffic going to the landfill. And so for that reason, a segment that would border the parking lot so the pedestrians would not have to walk among the cars would be one of the three segments we're talking about, leaving the existing park north and the design that you have,we understand what you're trying to do there. Then as you come down toward the retention pond, a tail out from that again toward the street so that your graduate students across the street and others at Jake Sears would be able to enter this sidewalk facility. That's it on that side, from what I understand of your diagram. Now, if one of my fellow commissioners doesn't do this, I would like to make a motion at the appropriate time to make that a requirement of this application's approval. But before I do that, I would like to understand, since staff told us earlier that Regent had not yet reacted to these rather modest suggestions,what your reaction is to that. Mr.Bruce: So,the last part I'd like to address first,I was actually speaking with a member of the Burns & McDonnell team when we were waiting for our turn up here. We've got to envision a site,a spot to do exactly what you've described,basically to connect the two ends,which right now we would actually need some city permission to cross land that's not ours, but we're more than happy to go through the paces that we need to take care of that. Mr. Camp: Thank you. The third one is a little bit different. It's on the Centerville side, and as both you and our fellow commissioners have acknowledged,there is an existing eight-foot shared use path over there right now. Well, it's not a shared use path, it's not 10 feet,it's a side path as far as I can tell from your site plan. There is no connectivity between that side path and the walking facilities within your athletic complex. Will the athletic complex be fenced off or will it be open? Mr. Bruce: We don't envision any sort of a fence there. The only fencing would be around the baseball and softball fields to protect folks on the other side. Mr.Camp: So,for example,where you've run a sidewalk alongside your tennis courts and you've stopped at what appears to be about 40 feet away from the shared use path. I know what I've seen happen at college campuses. People are riding along the sidewalk or the shared use path,and they ride right over the dirt that 40 feet to get onto your sidewalk. It just seems to us, since we know what's going to happen, that the site plan would be enhanced. You wouldn't be doing remedial work later and you would just connect up the sidewalk to the existing walking facility, enabling those folks across the street and others to enter from that side. It's just a gap to us. So again, I'll reserve any further comment or action until I hear a motion and perhaps the motion will include that condition. Thank you, sir. Mr. Bruce: Could I speak just to that last part? Mr. Camp: Of course, sir. Mr. Bruce: Certainly, any place along the entirety of the project where it makes sense for us to stub in where either we're not intruding on private land,there's a small parcel, a triangular parcel we don't own,that's not owned by the city either. We wouldn't want to do anything there. There's a small piece that we have to keep undisturbed for wetlands purposes. Obviously,that restricts us, but it's not a significant portion. So, where it makes sense to do exactly what you said, do what students and nature is probably going to do anyway,we would be happy to consider. Mr. Camp: Thank you, sir. That was the extent of the sidewalk issue. I did not want you to misinterpret that. The idea of a half mile of five foot along the roadside, if you have a creative way to create this mobility that keeps people safe, that's just fine. But the requirement for a continuous path along that Regent University Boulevard side is the one that I personally would be seeking to hear from. Mr.Bruce: Thank you. Ms. Hippen: Thank you. Commissioner Hippen. Yeah, just to add to that, I do see people walking along there and yes, I do cut through. So,I know the path is in another building, but,uh, yes, there, my concern is you're going to put this wonderful athletic structure there and you're going to have students walking to and from it. Okay. And not having, and it doesn't, I'm not looking for, I'm looking for maybe a walking path type, similar to the way that, I don't know if you're familiar with how Lynnhaven is set up on Centerville, one side is a walking path, one side is a regular sidewalk. So that's what I'm envisioning, and I think it would add to your project as well. I think it's a fabulous project. Mr. Bruce: It's a long time coming. I'll say that. And I'm grateful to be a part of it. Ms. Cuellar: Commissioner Plumlee. Mr. Plumlee: I just wanted to make sure I understood you. Are you saying that, but for areas where there are private property concerns or wetlands that have to be accommodated,that there is currently within this plan the connectivity that we're discussing? Mr. Bruce: There, you won't see it on the plan. We have defined spaces for going around the BMP and throughout the site. I think what your fellow commissioners are saying is ways that we can make more clear the points of ingress-egress that we would connect to existing walkways, both at the Regent Village and but also up closer to campus where the tennis courts are and other places where it might make sense. You mentioned around the parking to make that more of a defined space around the parking area to protect pedestrians that aren't necessarily headed to their cars. Mr.Plumlee: And does the university have that ability to put that in as a condition to this request? Mr. Bruce: If I can speak plainly, what you've described is far better than one of the things that had been suggested, which was putting a concrete strip down one side of the property that was basically going to duplicate what we're already planning to do inside of the property itself. Mr.Plumlee: So, if you were to write this as a condition that you could meet, how would it say? What would it say? Mr. Bruce: Alison,can I beg you to come up and help me think about a way? Mr. Plumlee: Certainly,this is the kind of back and forth that can actually help. Mr. Bruce: Yeah, the easy part is the part on the Regent Village end, thinking about how we would connect what's interior to the complex to what already exists on that end of the complex. I'm sorry,this is Alison Monsour. She's a lead civil from Burns&McDonnell. Ms. Monsour: Alison Monsour, civil engineer, Burns&McDonnell. Ms. Cuellar: Welcome. Ms. Monsour: Well, thank you. I actually went to the site this morning just to look at some of the connectivity to the southern end as you guys spoke about. So, we feel as though there's an appropriate path that can be linked to the southern portion of our site that would then connect the interior path that's around the BMP. So that'll be a good condition. As far as how to set in writing a condition,I think saying that the southern end will be connected to provide the connectivity from the southern villages as well as a connection point from the Centerville Turnpike path to the interior site,which we don't currently have. The main reason because we have existing ditches along that side of the property. Yes. So,we're going to have to provide a smart connectivity,whether using culverts or other means to provide that access. But certainly, I feel as though that can be accommodated. If you've seen that portion of the site, there's a very large emergency spillway leaving the BMP, lots of rocks over there. We were already looking at options to connect the sidewalk to Centerville Turnpike on either end of that instead of trying to breach through those rocks as a new means of construction. So we feel that may be a good option but haven't fully evaluated it. But I think that that would be a good thing to put on the condition. Mr. Bruce: She said it far better than I could. Mr. Plum lee: And faster. I'm just trying to write it down. Mr. Camp: Madam Chair. May I get clarification from this expert? Ms. Cuellar: Yes. Alison, could you join us again please? We have a question from Commissioner Camp. Mr.Camp: So,there was some paraphrasing of what I was talking about. I'd like to ask it straight to you and then you can answer straight to me. What I am looking for is a continuous path. I'm not talking about the design of the path, whether it wiggles or it's straight, I don't care about that, but a continuous path from the southern point of your site along Regent University Drive to the northern point near the road. Ms. Monsour: The northern point of Regent University Drive. Mr. Camp: Yes. Ms. Monsour: Okay. I do not believe there is an existing sidewalk over there now north of our property. There is not. I'm sorry,not so that would be... There is not, and that we don't own that property to my knowledge. Mr. Camp: Correct. Not all of it. Mr. Camp: Just, I'm only talking about your property. Ms. Monsour: And so ours goes all the way up from the pond and it kind of meanders, it's in blue, and it extends all the way up to the northern end of that northeast parking lot. Yes. But there's no means to connect that to the rest of campus. Mr. Camp: I didn't. That's we're going afield here. Ms. Monsour: Okay. Just making sure. Mr.Camp: I'm talking about the site plan for the applications before us. And what I'm not hearing agreement on, and I don't understand why, is a continuous walking path from the southern end at the retention pond, which you've acknowledged you can do that. Ms. Monsour: Correct. Mr. Camp: Use the retention pond path. Ms. Monsour: Correct. Mr. Camp: And then eventually get up to that triangular corner instead of making your students and others walk through parking lots or walk through the grass. Are you amenable to having a continuous path? I'm not asking you to design it. Ms. Monsour: The path is connected and continuous. So, I'm sorry, I'm not understanding your question. The path, there's a sidewalk that is along the parking lot on the western side of that parking lot that goes all the way up. So,there's no area in which they have to traverse the grass or the parking lot to go from the southern end to the northern end. The piece that we're missing is connecting the southern end of that pond path to the existing intersection. Mr. Camp: I apologize for flipping through all these pages here. Ms.Monsour: It's completely fine. Mr. Camp: Okay. Along the parking lot that I'm going to say is south of the fitness center. Is there a sidewalk between that parking lot and the street in your site plan? Ms.Monsour: There is. Yes, sir. Mr. Camp: Pardon me? Mr.Bruce: She said yes. Mr. Camp: Yes. Ms. Monsour: Yes, sir. Mr. Camp: Aren't the sidewalks in blue? Ms. Monsour: They are,yes. Mr. Camp: And there's a blue sidewalk to the left side, I'm sorry, of that parking lot between the street and the parking lot? Ms.Monsour: It is on the east side. Mr. Camp: Oh, okay. So, it's not there. Ms. Monsour: That's correct. It's on the east side because of the proximity to the right-of-way. So,we had to stay out of the right-of-way as much as possible. So we have the connectivity of the sidewalk on the eastern side of the site, which again provides that interior access that Regent is looking for to the facility,while also maintaining the connectivity from the southern to the northern end. Mr. Camp: At the triangle between the ball field and the retention pond,that is a darker green on this site plan. The connectivity there is to divert near street side into that pink area and then back out closer to the street. You follow me on two sides of the triangle. Ms.Monsour: I'm sorry, I'm not... Mr. Camp: I'm looking at the dark green triangle that is between the retention pond and the ball field on the left side of the diagram. Ms. Monsour: Yes. Mr. Camp: To the left of,well that didn't help. Please don't shrink it while we're. Ms. Monsour: I see it. Yes. Mr. Camp: Alright. Thank you. There is no sidewalk on the street side of that triangle. Ms.Monsour: That is correct. Mr. Camp: Why? Ms.Monsour: There's an existing ditch there that's conveying water off Regent University Drive. If we want to extend a sidewalk that's there and that connects to the western side of the ball field, we can do that to kind of close that gap, so they don't have to go right and then left. I am hesitant to put any sidewalk on the western side of that parking lot again because of the existing ditches along Regent University Drive and the proximity of the right-of-way and just the safety of the pedestrians, it's very close to the street. So, keeping them internal to site, I feel is a more safe solution unless you disagree. However, I do acknowledge that it could easily be accommodated to add a sidewalk along Regent University Drive within that triangular piece if you feel as though that would be an improvement. Mr. Camp: It is my experience with this type of facility that users and visitors will take the most expeditious path, whether or not you pave it. That may not always be the safest path. And so melding your design desires with the safety of the public,which is one of the things we are charged with, is to anticipate what is inevitably going to be the movement of these people and try to come to some reasonable compromise as to how they can safely move in that direction that we're talking about. It is my viewpoint that maintaining a requirement of this application that there be a continuous path leaves you free to design it. It doesn't bind your hands that tightly as prior suggestions were made. But it does obligate you to do it. And these gaps, instead of sitting here at this hearing and try to pick out little pieces and gaps,you can just take it away as a requirement of the approval,at least our recommendation to council,that you will need to figure out those little pieces. Ms. Monsour: And specifically,the triangular piece and the western side of that parking lot. Mr. Camp: Well, I'm working off of a highly reduced site plan that you've been working on in great detail for a long time. I don't presume to know from that diagram every little gap that might be on it, which is why I am suggesting the wording that a continuous path. If you're already continuous,you don't have anything else to do. If you find a gap over there,then you'll figure out a creative way to bridge it or fill it. Ms.Monsour: I understand. Mr. Camp: That's just my desire, my discussion with you. If you understand what it is that I'm seeking. I'm not trying to design with you. I'm trying to create a safe path for the folks who are going to be there, continuous path. Ms.Monsour: Understood. Mr. Camp: Thank you. Ms. Cuellar: Thank you, Commissioner. Okay, any other questions for the applicant? Thank you very much. Just want to double check with the clerk. Do we have any speakers on this item? Clerk: We do not. Ms. Cuellar: Thank you very much. At this time, I'd like to open the floor for discussion and to entertain a motion. I'm sorry. Commissioner Schoonover? Ms. Schoonover: I move to pass this item. Mr.Plumlee: Second. Ms. Cuellar: Are there any commissioners abstaining? Ms. Byler: Thank you, Madam Chair. As an adjunct professor at Regent University School of Law for more than a decade, teaching real estate transactions, I'm abstaining from the vote, and I have and will continue to abstain from all comments on this application. I have a letter on file regarding my abstention with the City Attorney. Ms. Cuellar: Thank you, Commissioner. We have a motion on the floor for approval from Commissioner Schoonover, second from Commissioner Plumlee. Further discussion? Commissioner Camp. Mr. Camp: Would the mover accept a friendly amendment to add the condition of a continuous sidewalk along the Regent University Drive side of the site? Ms. Schoonover: I'm really concerned about making this requirement of them because they seem very hesitant about whether or not they can actually accomplish it. It sounds like they want to do it if they can, but because they're so unsure about being able to accomplish this task, I don't want to make it a requirement. I think we can trust them to do this if they're able to do it. I just don't think we should put this as a requirement at all. Mr. Camp: Commissioner, I'm hesitant to let applicants decide what the correct solution is for the safety of the public. We don't do that with any other applicant out here to see if they can decide for themselves whether or how. That's the reason that I'm pressing on this. As was mentioned earlier,again and again,we see throughout this city gaps in our walking paths and we impose upon applicant after applicant the requirement that they go ahead and create continuous safe paths. That's all that's being asked here. Ms. Schoonover: I think that they want to do that. That's the impression that I have. I'm getting that there's maybe an engineering problem or a potential, some land aspects that we are not seeing in real life. That's the only reason I'm hesitant about this. The fact that they're hesitant is the reason that I am hesitant. But I can see that they are nodding their heads that yes,they would like to do this. So, I just want to be sure that we're not requiring something that is going to create a problem that we are not fully aware of because we don't have the full facts of this matter. The applicant stood here and discussed that. You could see how unsure that she was about whether she could accomplish the specifics of this. So, I'm just very concerned we make this requirement. I think that they want to do it if they can. I think we should just not make the requirement. Ms.Hippen: So,I have a question. Do you own all of the land on Regent University Drive? Ms. Cuellar: Mr. Bruce, if you'd be kind enough to come back to the podium. Ms.Hippen: Sir,please. Thank you. All of the land that would be to the west of the project. Mr.Bruce: So,all the way down to the triangle,we own just shy of where the intersection is. So that land is city-owned, but we're more than willing to work with the city for stubbing in so that it's clear and evident how the residents from Regent Village can access that end of the site. If you travel along Regent University Drive all the way up to the parking lot that you see behind the building where this project terminates. Ms.Hippen: Yes, sir. Which is, Paul,Robertson Drive. Mr. Bruce: Pat Robertson Drive. Ms. Hippen: Pat Robertson. Thank you. Mr. Bruce: So, we own to that line. We actually own some property just on the other side. But then there's another private residence between that lot that we own behind Dr. Robertson's former residence and the law school. Ms. Hippen: The law school. Mr. Bruce: Okay. So, for the purposes of this project and maybe to allay some of the concerns about committing to something that we may not yet be able to commit to, we can make it very clear to council when this comes before them. And certainly, in response to the questions here today, how we would envision that continuous path. It won't necessarily be a straight line, but it will be for our students. What we would ask them to utilize both to stay out of harm's way on Regent University Drive, take full advantage of what we've designed here for them to experience, and make it clear to everybody that from a public safety standpoint,there is a reason or a purpose behind whatever that ends up being. I just can't commit to exactly what that would be today. Ms. Hippen: Okay. That's what I'm looking for because I'm very familiar with the road there. Okay. And I've used your law library and stuff, so I do am aware of how the drive goes. So that's what, and I believe that's what Commissioner Camp is looking at. I believe if you own all of that property, then it is feasible to put in some type of a walking path. Again, I'm not looking for a hard cement sidewalk,but more of a walking path that can also be used for bicycles. Mr.Bruce: Understood. Ms. Hippen: That's what I'm looking for. And I do have to agree with Commissioner Camp on this. Okay. So that's where I am as the person that lives closest to it out of all of these people up here and the district representative. Mr. Bruce: Understood. Ms.Hippen: Is that amenable for you, sir? Mr. Bruce: We will make it very clear what that path is. Absolutely. Ms. Hippen: Awesome. Ms. Cuellar: Commissioner Plumlee and then Commissioner Camp. Mr. Plumlee: I just want to make sure you indicated there's this interior path. It's not along the roadway in part,but also interior and it's the intent of Regent that the public be able to access and use that path. Is that clear? Mr. Bruce: The Regent University campus... Mr. Plumlee: Not simply the students, but the public at large as well. Mr. Bruce: Today, and I'm grateful for this, it's something we talk about with our campus chief of police a lot,Regent University is an open campus. We value that. We want to be a community asset. So at least as we've laid it out here,there'd be no reason to expect that the students and the public would have any separation of how they'd access the facilities, access the site from that southern end all the way up to actually what's not on the plan, but how they would access the rest of campus from what we're building here. Ms. Cuellar: Okay. Commissioner Camp and then Commissioner Schoonover. Mr.Camp: So it sounds like what I heard is that the applicant is amenable to submitting a revised site plan, showing additional connectivity between the facilities shown on the current site plan, Centerville Turnpike's side path, and along the Regent University Drive side of the site. Mr. Bruce: That side of the site, yes. I just can't promise in the closest proximity always to the roadway. As you've seen here. Mr. Camp: I'm trying to help our clerk and your staff and City Council and everyone else by using the fewest words possible that don't tie your hands,but that summarize what we're trying to do here is what I said. Something that the applicant can agree to. Mr.Bruce: It absolutely is,with the proviso, if I may,that if it's anything that would prevent this body from acting on the Conditional Use Permit, I would respectfully request we'd try to figure out another way to do it, because we're on a timeline. Mr. Camp: Nobody wants to delay you. That's why I'm spending so much time trying to get it right. Mr. Bruce: Yes, sir. You don't want to do this at council. They want us to do this here. Mr. Camp: Yes, sir. Mr. Bruce: Thank you. Mr. Camp: Thank you. Ms. Cuellar: Commissioner Schoonover and then Commissioner Plumlee. Ms. Schoonover: I was going to make a comment before that I, as long as the applicants are satisfied with the specifics of the language that is being offered by Commissioner Camp, I'm completely fine with any amendment to my motion. Mr. Bruce: Thank you very much. Ms. Cuellar: Commissioner Plumlee. Mr.Plumlee: I'm fine. Ms. Cuellar: Commissioner Mauch. Mr. Mauch: I just want to take a brief moment. We have been talking specifically about one aspect of this project,very important aspect,but one,and take the opportunity to thank the partners of our city and Regent University for coming up with such a plan that's going to provide so much vibrancy to this area. And I think we've gotten hung up on the paths,which is our job. But to take a look at the entirety of this project, it's much appreciated and I think it's a very solid plan and I think that the city is going to benefit greatly from it as well as Regent University. So,thank you. Ms. Cuellar: Commissioner Hippen. Ms. Hippen: Living in the area since 1997, my other house was farther in, but living along Centerville Turnpike, I can say that you guys have come a long way at Regent, and I think this is going to be wonderful for the area and I will support it. Ms. Cuellar: Thank you, Commissioner. We have a motion on the table for approval and what I'm hearing, a friendly amendment from Commissioner Camp in the fewest words possible, if we could potentially ask counsel to offer us so that we can have it into the record clearly. Our Commissioner Camp, if you'd like to repeat yourself. Mr. Camp: No one ever asked me to do that. I am going to ask staff to help me with this because I wanted to conform to the style of the other requirements. I'm just winging this here,but I believe what we reached some consensus on is that the applicant shall submit a revised site plan prior to consideration by City Council illustrating connectivity to the side path along Centerville Turnpike and their proposed new athletic facilities, connectivity from those facilities to student housing at across the street at Jake Sears Drive and along Regent University Drive. Ms.Alcock: The only change that I would make,because we do have a condition that conditions the plan already. So,I think if we understand that they will resubmit a revised plan to reflect those changes, I would rather leave this added condition just speaking to the connectivity to the existing facilities along Centerville. And then so the latter part of your language versus resubmitting a conceptual plan as a part of the condition language. Mr. Camp: Okay, so all of the content but not the "submit a revised plan" part? Ms.Alcock: Correct. We will make sure that is done so that the plan adheres to the condition. Mr. Camp: Thank you. Mr. Plumlee: And I would ask that added to that be, "to the greatest degree possible within its ownership and control and physical ability."In other words, if they just physically can't ultimately connect because they don't own a section as they've discussed,that that is permitted. Mr. Camp: Of course,there was no intent to ask them to do the impossible. Mr.Plumlee: That's right. They can only accomplish connectivity to the degree that it is possible to connect. Of course. So that needs to be stated on the record. Mr. Camp: No objection. Mr.Plumlee: Alright. Ms. Cuellar: So, we have a motion for approval with conditions A and B and by Commissioner Schoonover and a second by Commissioner Plumlee. Ms. Hippen: I call the question. Clerk: The vote is open. By recorded vote of nine to zero with one abstention from Commissioner Byler, Items Nine and 10, Steve and Bruce,have been recommended for approval. Vote Tall Commission Member AYE 9 NAY 0 ABS 1 ABSENT 1 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. The athletic complex/recreational facilities, when developed, shall be in substantial conformance with the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEX PROJECT: OVERALL SITE PLAN", prepared by Burns McDonnell, dated 08/15/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The athletic complex/recreational facilities, when developed, shall be landscaped in substantial conformance with the concept landscape plan entitled, "OVERALL LANDSCAPE PLAN", prepared by Burns McDonnell, dated 07/25/25, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. To the greatest degree possible, within its ownership, control, and physical ability, the applicant shall install a sidewalk or other similar pedestrian pathway to provide connectivity between the proposed athletic facilities and the sidepath along Centerville Turnpike, connectivity from the athletic facilities to the student housing near Jake Sears Drive, and a continuous pedestrian facility along the Regent University Drive frontage. 4. A left turn lane shall be added to Regent University Drive as depicted on page 4 of the "Regent University Athletic and Fitness Complex Traffic Memo", produced by Burns McDonnell, and dated October 6, 2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The fitness and athletic center building shall be constructed in substantial conformance with the submitted front (east) and rear(west) building elevations entitled "FITNESS &ATHLETIC CENTER: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/31/2025 as well as the side elevations (north and south) entitled "EXTERIOR BUILDING ELEVATIONS", produced by Burns McDonnell, dated 06/04/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The main stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "MAIN STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/23/2025, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 7. The baseball stadium building shall be constructed in substantial conformance with the submitted building elevations entitled "BASEBALL STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/31/2025 and 05/29/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 8. The softball stadium building shall be constructed in substantial conformance with the elevations entitled "SOFTBALL STADIUM: EXTERIOR BUILDING ELEVATIONS", prepared by Burns McDonnell, dated 01/17/25, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 9. Prior to approval of the site plan, a new plat shall be recorded, which creates a single parcel with incorporation of the portion of 1133 Centerville Turnpike, GPIN 14558736810000, necessary to accommodate the athletic courts depicted in the concept plan entitled, "REGENT UNIVERSITY ATHLETIC AND FITNESS COMPLEX PROJECT: OVERALL SITE PLAN", prepared by Burns McDonnell, dated 08/15/25, and the vacation of all internal property lines. 10. The applicant shall conduct and submit a parking study signed by a certified Professional Engineer(PE) to be reviewed and approved by the Zoning Administrator prior to approval of a site plan for the athletic complex. 11. As permitted in Section 221(i) of the Zoning Ordinance, the following deviations in height are permitted: a. Stadium light poles with a maximum height of 90 feet. b. The fitness and athletic center with a maximum height of 73 feet. c. The flag poles with a maximum height of 60 feet. d. The protective netting and associated poles for the baseball and softball stadiums with a maximum height of 40 feet. e. The main stadium with a maximum height of 40 feet. 12. Prior to the approval of the site plan, 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 and right-of-way. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet except where a deviation has been granted. qSH ST m � v uw n OR a U Cn 2 � J ti Q OR(STR-OR) 3? ST ® Site Robert Mills N p zoning 303 Atlantic Avenue, Unit 1503 W*11 0 Property Polygons s Feet 0 20 40 80 120 160 Map created by Planning Department on 11/13/2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT MILLS [Applicant] ONE PERFECT DAY LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Unit 1503 (GPIN 24273224032510). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 9, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a 3-bedroom unit in the Dolphin Run Condominiums located at 303 Atlantic Avenue, Suite 1503. 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 three-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 are two assigned parking spaces associated with this 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. There was one speaker in opposition at the Planning Commission hearing who cited concerns about the impacts of short term rentals on the condominium community. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Robert Mills Page 2 of 5 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Suite 1503, 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 Robert Mills Page 3 of 5 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). Robert Mills Page 4 of 5 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) 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 Robert Mills Page 5 of 5 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager�� Agenda Item 12 A•. Robert' ••- • One Day LLC Planning Commission Public • •- 2025 CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) 4. 1 Staff Recommendation i Approval ;AuwA 1,60 Avg,. ., ti i Staff Planner 1 7 ` AVER S Alexis Bailey top A k 1 5T crNSa_VAAve Location t ',Post 303 Atlantic Avenue, Suite 1503 7 . 1.3 GPIN 24273224032510 Site Size r 45,000 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed >. Atlantic Ocean Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses andZoning Districts 4" North 4th Street Condominium Complex/OR Oceanfront Resort v South 3rd Street `� pM Hotel /OR Oceanfront Resort East ` Atlantic Ocean West Atlantic Avenue Municipal Parking Lot/OR Oceanfront Resort Robert Milis Agenda Item 12 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 303 Atlantic Avenue, Suite 1503. 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 September 17, 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 September 22, 2025, as shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes �Robert Mills Agenda Item 12 page 2 of 15 Short Term Rentals in the Vicinity 5 j fj - �mS'V i 3RD SS i t l r �fl Short Term Rentals S R FerrNts(sl) Summary of • . • 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: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required; historical exemption made): 1 • Number of off-street parking spaces provided: 2 Robert Mills Agenda Item 12 page 3 of 15 HistoryZoning # Request 4 CUP(Short Term Rental) Approved m 05/21/2024 4TH ST CUP (Short Term Rental) Approved 04/16/2024 CUP (Short Term Rental) Approved p' 07/11/2023 3 CUP (Short Term Rental) Approved ?� R 06/20/2023 �� n CUP (Short Term Rental)Approved v to, 05/16/2023 1 CUP (Short Term Rental) Approved 04/18/2023 310 ST CUP (Short Term Rental) Approved 12/13/2022 0R(ST-Wok) CUP (Short Term Rental) Approved t 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 Robert Mills Agenda Item 12 page 4 of 15 Evaluation • • • The applicant is requesting to operate a three-bedroom Short Term Rental within the Dolphin Run Condominium building. Short Term Rentals are prevalent on this property with a total of eleven approved Conditional Use Permits for the operation of Short Term Rentals. There are two assigned parking spaces 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 parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one 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. � Robert Mills Agenda Item 12 page 5 of 15 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Suite 1503, 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. Robert Mills Agenda Item 12 page 6 of 15 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. Robert Mills Agenda Item 12 page 7 of 15 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, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. .w.. Robert Mills Agenda Item 12 page 8 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 29, 2025 and November 5, 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 October 27, 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 November 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 25, 2025 and December 2, 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 24, 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 December 5, 2025. Robert Mills Agenda Item 12 page 9 of 15 LayoutSite Two assigned m7 spaces in the parking lot • Historic exemption granted allowing one space per Molt ' 2 unit Ala q � Robert Mills Agenda Item 12 page 10 of 15 a = P .u, vw Iwo 1"w- ITr i t•:M�na`e`; ` � _ ���``��i►��� �' ������� �111111; a �����u� i Robert Mills Agenda Item 12 page 11 of 15 Disclosure s • BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANTSECTION 1: • APPLICANT INFORMATION Applicant Name: as listed on application Robert Mills Is Applicant also the Owner of the subject property? YesO Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(j)NoO If yes,name Representative: Christina Kinley Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(j) if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Robert Mills Agenda Item 12 page 12 of 15 Disclosure APPLICANTSECTION 1: DISCLOSURE . •. t SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 G) Architect/Designer/Landscape 0 Architect/Land Planner _ Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 0 APPLICANT CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Robert Mills Dale: 025gned 0.26 Robert Mills Robert Mills 04�2625.08.2612:5i:22 08/26/2025 Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or•there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 11/18/2025 Alexis Bailey //� r%� � �iii/14 111/18/2025 Staff Name(Print) Staff Signature Date Disclosure Statement ( rev. May-2024 page 2 of 3 Robert Mills Agenda Item 12 page 13 of 15 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application One Perfect Day 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 I or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Robert Mills Does the subject property have a proposed or pending purchaser? Yeso Not If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No0 If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ Nome entity and/or individual Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 G) 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, 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. Robert Mills D91e:tys5ned by RW,01:50:12 fls One Perfect Day LLC/Robert Mills �i 041002025.08.2612:50:12 08/26/2025 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Robert Mills Agenda Item 12 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • 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. Robert Mills Agenda Item 12 page 15 of 15 STIR VICINITY MAP ROBERT MILLS ��,ltilP Yl Vl= P .~ f sty PV£N1~ STM Sl � 1 �p lyyta'i�Lylrl( pVt — —� .. m o .,N1k15 1� 4 l� r aav j 00 Ao ay `ti Short Term Rentals a � o �',� � �� 0 STR Permits(56) Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item 12: Robert Mills Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our final item is Item 12,Robert Mills. Ms. Cuellar: Okay. Good afternoon. Welcome back. If you could please state your name for the record. Ms. Kinley: Christina Kinley. Ms. Cuellar: Thank you very much, Ms. Kinley. Ms.Kinley: You're welcome. Ms. Cuellar: Yes,you can go ahead. Ms.Kinley: I am here to represent Robert Mills who owns 1503,located at 303 Atlantic Avenue. It's within Dolphin Run Condominium Association. He's respectfully requesting approval of the Conditional Use Permit to allow short-term rentals for this three-bedroom penthouse. Our intent is to operate the property in full compliance with all city requirements. The home will be professionally managed under my supervision as an on-site property manager. And I have to add that I was previously the general manager of Dolphin Run Condominium Association. So, I am aware of all the bylaws and the condo docs that we need to adhere to. This unit will primarily welcome families and responsible guests visiting the Oceanfront area. We've taken steps to ensure comfort and safety of both guests and residents, including 24/7 local contact availability,which is myself, clear house rules regarding noise and trash, and consistent communication with building management. We recognize the city's efforts to balance tourism with the neighborhood integrity, and we share that same goal. Our goal is to maintain a property that reflects positively on both the City of Virginia Beach and Dolphin Run community. On behalf of Mr. Mills, I appreciate your time and consideration for the request. Ms.Cuellar: Thank you very much. Were there any questions for the applicant? Okay,I believe we have a speaker,so thank you. You can just sit down now and then we'll wait and you can come back after that. Thank you. Clerk: Our one speaker, Paul Vayo. Ms. Cuellar: Good afternoon. If you could please state your name for the record. Mr. Vayo: Paul Murphy Vayo. Ms. Cuellar: And then just as a reminder,when the green light goes on,your time will begin and then stop at the red. Mr. Vayo: I'll keep it really brief. So according to the only sign that's actually visible that I planted last Friday,it doesn't mention the single unit. It mentions the whole building being redone by zone. I've known this building since 2006 when my mom bought it with her friend, Joyce Robinson,who was in 801 and my mom was in 805. The community, this is the retirement, they do not want a resort community. They want a home community. They want neighbors,they want to have fun with their neighbors. They don't want to be in assisted living. If they can,they'll have private nurses and they'll watch the ocean on their last days. Every change that's been made since then has been to an existing resort. Airbnb's,now we have short-term rentals. Being that Airbnb's was slipped in, this is only for one unit. He can easily do an Airbnb on his own private contract type of thing. Do not change the whole zoning of the building to anything less than minimum of one year lease for rental. That is what the community would like. And that's all. Ms. Cuellar: Sir, I just want to ask a point of clarification. You said you were looking at a notification sign that you think the whole building's being changed. Mr. Vayo: Well, the only one's intact is when I put there last Friday. All other signs are gone. This building does not have notifications. None of the,that's, I'm the only person here because no one knows about this. It has been a brutal assault. I made three signs last week that I could put up. Two disappeared within 30 minutes and the third one was pushed to the ground. It wasn't destroyed. So then after staff left I was able to take a hammer and plant it into the ground. It's the only one that's still there today. The other ones that are there are unreadable and defaced. Ms. Cuellar: And that would be like the big orange sign that are typically put up for notification. Mr. Vayo: I have pictures if you'd like to see the pictures. Ms. Cuellar: Oh, I just want to maybe double-check. Staff could help out. Mr. Vayo: Also, I have a video walk around the whole building this morning showing there's only three signs around the whole perimeter. Two of them don't pertain to this and the only one for today's meeting is defaced. Ms.Cuellar: Thank you very much,sir. Any questions for our speaker? Commissioner Plumlee. Mr. Plumlee: I'm sorry, sir,tell me your name one more time. Mr. Vayo: Paul Murphy Vayo, 805 Dolphin Run. Mr. Plumlee: Are you aware, are there any other approved short-term rentals at Dolphin Run? Mr.Vayo: Not that I'm aware of. And this is the first time I've seen the signs. So why would we need to change zoning? I mean, people can do whatever they want with their property. Don't change the whole building zoning to allow it to be a resort. These people just want a home. Mr.Plumlee: So,this is a condominium community. Mr. Vayo: It's a condominium community,not a hotel. Mr. Plumlee: Are there condominium regulations that prohibit short-term rentals that you're aware of? Mr. Vayo: Well, obviously they had to put up a notice. Mr. Plumlee: I'm sorry. Mr.Vayo: What was the notice for-- Mr.Plumlee: I'm talking about the private condominium documentation for the building. You're not aware? Mr.Vayo: I'm not privy to any of the information. I've not done homework on that. I'd be a fool to answer that. Mr.Plumlee: Alright,thank you. Ms.Cuellar: Any other questions for the applicant? Excuse me,sir, if you could come back. We have one more question. Commissioner Mauch. Mr. Mauch: I think just more so for clarification maybe from staff. It was under, I believe in their staff report that there had been 11 short-term rentals that are actually on the property. Is that the case? I just want to clarify for the -- Clerk: We have 11 previously approved Conditional Use Permits for short-term rental use. There could be, and there likely are, grandfathered units within the condominiums as well that wouldn't need the Conditional Use Permit,that would just get that annual STR permit. Mr.Mauch: Okay. And then I did happen to go by last week,I did see a sign up. But that doesn't mean that it didn't come down as well and you may have put it up. Mr. Vayo: It was the sign where you first pull into it and it was intact and planted in the ground. That was my sign that I made. All the other signs were destroyed. And the current ones and the only one left there is folded in half and it's unreadable. Mr.Mauch: Thank you. Mr. Vayo: I have pictures if you'd like to see them. Mr.Mauch: I believe you. Mr. Vayo: I have a full video walk around of the building today. Mr.Mauch: We do have a lot of issues with signs either being defaced. Mr. Vayo: This is not an open-shut, black and white. I mean the people can do what they want. Please do not change the zoning of the building to allow the whole building to be this. Mr. Mauch: Right. And then for clarification,just for staff,this area is not necessarily changing the zoning on the building, but they're within the overlay. Clerk: Correct. This is not to change the zoning on the property. This would be a Conditional Use Permit specific to a specific unit within Dolphin Run Condominiums in order to operate a short-term rental. So, it doesn't change the zoning of the property overall. And that would be required even if short-term rentals are permitted by the condo association, the Conditional Use Permit for a short-term rental would still be required for this unit in order for a unit to operate legally according to city standards. Mr.Vayo: Okay. So, in general, I can make this statement for the community. In general, I can make this statement for the community that lives there, they would like the minimum to be one year lease at the minimum. Not anything underneath that. If you could do that, that'd be great. That is their only,they would like this to be a community. Just that simple. Mr. Mauch: Thank you. Ms. Cuellar: Thank you very much. Commissioner Schoonover, do you have a question? Ms. Schoonover: I have a question for the-- Ms. Cuellar: Yeah. I'm going to have the applicant come back and she has an opportunity to rebut. Ms.Kinley: Did you want to ask me a question? Ms. Cuellar: You want to go ahead and ask your question? Ms. Schoonover: I just would like some clarification from you regarding his... Ms. Kinley: Okay. Currently there are, or when I left Dolphin Run as the general manager, 34 units in the rental program within Dolphin Run. Dolphin Run relies heavily on their rental program to allow for lower condo dues for their people to live there. If you would look at the records, condo dues at Dolphin Run are significantly low. I also manage properties in Sandbridge where they're extremely high,where they do have more so people renting than they do living there. I do understand that there are concerns. But if it is the real concern of the community, even the president of the board at Dolphin Run rents his unit out. So, it's a, it is welcoming by most of the people that I've had interaction with. I've not heard of any opposed until today. Ms. Cuellar: Thank you very much. Ms.Kinley: You're welcome. Ms. Cuellar: Do we have another question? Commissioner Plumlee. Mr. Plumlee: Has the board taken any action with regards to voting on the policy of allowing short-term rentals in the structure? Ms. Kinley: There is rules in the condo docs of Dolphin Run of their bylaws that state that you have to have, of course in STR you can't do it in-house, you do not have to be in Dolphin Run's program. You are able to rent your unit out with a separate property manager or on your own if you prefer. And at this time there is no punishment for doing so or whatever. You don't have to pay any additional fees or anything like that. Mr. Plumlee: So,my question is whether the board is officially approved this participation as an STR and taking a vote and issued to the members living there or otherwise owners that they are approved to do STR. Ms.Kinley: I do know that when I was getting the Conditional Use Permit application,it did have to be signed by the president of the board of directors at Dolphin Run. That was one of the contingencies. Mr. Plumlee: Other than that apparent authority, you don't know of a specific vote taken by the board itself to approve it? Ms.Kinley: Correct. Mr.Plumlee: Okay. Thank you. Ms. Cuellar: Any further questions? Thank you very much. Ms. Kinley: Thank you. Ms. Cuellar: Commissioner Plumlee. Mr. Plumlee: I would just make a motion. I think this gentleman makes great objections to this short-term rental, this location, but it's the type of objection we hear throughout our districts five and six about the loss of a community where you have visitors staying near you as opposed to long-term residents. And this was a decision that the council made and did its overlay when it shows this location for short-term rentals. So,putting that together with the fact that we've already approved numerous short-term rentals in this location, I think it would behoove this gentleman to talk to the condo board and to see if in fact what is being requested is permitted under their private regulations. But as far as the public,this application for short-term rental, I think it's appropriate. Therefore, I move to approve it. Ms. Hippen: Second. Ms. Cuellar: We have a motion for approval by Commissioner Plumlee, seconded by Commissioner Hippen. Is there any further discussion? Clerk: The vote is open. By a recorded vote of 10 to zero, Item 12, Robert Mills, has been recommended for approval. Ms. Cuellar: Thank you very much. That was our last item on the agenda. I'd like to adjourn our meeting and wish everybody a happy Thanksgiving. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hi en X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Suite 1503, 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. 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) 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. rypr4 a.. S y rt S L? i�y~4iw�c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 105 OF THE CITY ZONING ORDINANCE PERTAINING TO NONCONFORMITIES MEETING DATE: December 9, 2025 ■ Background: Prior to May 2025, variance requests were heard by the Board of Zoning Appeals (BZA) in accordance with Section 106 of the Zoning Ordinance. An interpretation by the prior Zoning Administrator of Section 105 of the Zoning Ordinance in May of 2025 required variances relating to nonconforming structures to be heard by the Planning Commission and City Council. This text amendment updates the Zoning Ordinance to align with State Code and directs variance requests relating to nonconforming structures to be heard by the Board of Zoning Appeals (BZA) in accordance with Section 106. ■ Considerations: Variances heard by the BZA include requests for reductions in setbacks and building height. Requests relating to nonconforming uses, including nonconforming structures associated with a nonconforming use, will continue to be heard by the City Council. Staff recommends approval of this ordinance as it is consistent with the current policies of the Zoning Division for variance requests and will provide a path for legally nonconforming structures to become conforming if a BZA variance is granted. Staff is unaware of any opposition to the proposed ordinance amendment. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On November 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:AY3 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMITIES 4 5 Section Amended: City Zoning Ordinance § 105 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 105 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 . . . . 19 20 Sec. 105. Nonconformity. 21 22 . . . . 23 24 (c) Continuation. A nonconformity may continue provided that it remains otherwise 25 lawful, subject to the provisions set forth in this section. However, no nonconformity 26 shall continue if it ceases for any reason for a period of more than two (2) years. 27 28 (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall be 29 increased in magnitude. No nonconforming use shall be enlarged or extended 30 to cover a greater land area than was occupied by the nonconformity on the 31 effective date of this ordinance or amendment thereto. No nonconforming use 32 shall be moved in whole or in part to any other portion of the lot, parcel, or 33 structure not occupied by the nonconformity on the effective date of this 34 ordinance or amendment thereto, and no nonconforming structure shall be 35 moved at all except to come into compliance with the terms of this ordinance. 36 No nonconforming structure shall be enlarged, extended, reconstructed, or 37 structurally altered, if the effect is to increase the nonconformity. As an 38 exception to the above, any condition of development regarding a 39 nonconforming use or a nonconforming structure associated with a 40 nonconforming use, prohibited by this section may be permitted by resolution 41 of the city council based upon its finding that the proposed condition is equally 42 appropriate or more appropriate to the district than is the existing 43 nonconformity. City council may attach such conditions and safeguards to its 44 approval as it deems necessary to fulfill the purposes of this ordinance. 45 Applications for the enlargement, extension or relocation of a nonconforming 46 use or structure shall be filed with the planning director. The application shall 47 be accompanied by a fee of six hundred sixty dollars ($660.00) to cover the 48 cost of processing the application. Such fee shall include all costs of 49 notifications and advertisings. The planning director shall cause the application 50 to be advertised for public hearing before the planning commission. Notice 51 shall be given as provided by Section 15.2-2204 of the Code of Virginia; 52 provided, however, that written notice as prescribed therein shall be given at 53 least fifteen (15) days prior to the hearing. A sign shall be posted on the site in 54 accordance with the requirements of section 108 of this ordinance. The 55 planning commission shall hold the public hearing at the time and place 56 announced. Following the public hearing, the commission shall by motion 57 adopt its recommendation and findings, and shall transmit such 58 recommendation and findings to city council. Upon receiving such 59 recommendation, the city council shall give notice of a public hearing as set 60 forth in this section and shall thereafter hold a public hearing and act upon the 61 proposed application. 62 63 (i) Any condition of development prohibited by this section, with respect to 64 nonconforming structures not associated with a nonconforming use, may be 65 granted by the Board of Zoning Appeals in accordance with section 106. 66 67 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Offi CA16987 R-1 September 26, 2025 2 Agenda A•• of BeachPlanning • • •lic Hearing: November1 Nonconformities Ordinance Amendment • An ordinance to amend Section 105 of the City Zoning Ordinance pertaining to nonconformities. Summary of • This text amendment updates the Zoning Ordinance to align with State Code and directs variance requests relating to nonconforming structures to be heard by the Board of Zoning Appeals (BZA) in accordance with Section 106. Variances heard by the BZA include requests for reductions in setbacks and building height. Requests relating to nonconforming uses, including nonconforming structures associated with a nonconforming use, will continue to be heard by the City Council. Recommendation Staff recommends approval of this ordinance.This amendment is consistent with the current policies of the Zoning Division for variance requests. Additionally, if approved, this amendment will provide a path for legally nonconforming structures to become conforming if a BZA variance is granted. City of Virginia Beach Agenda Item 2 page 1 of 3 Ordinance 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMITIES 4 5 Section Amended: City Zoning Ordinance§ 105 6 7 WHEREAS, the public necessity, convenience,general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH,VIRGINIA: 12 13 That Section 105 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 . . . . 19 20 Sec. 105. Nonconformity. 21 22 . . . . 23 24 (c) Continuation. A nonconformity may continue provided that it remains otherwise 25 lawful, subject to the provisions set forth in this section. However, no nonconformity 26 shall continue if it ceases for any reason for a period of more than two(2)years. 27 28 (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall be 29 increased in magnitude. No nonconforming use shall be enlarged or extended 30 to cover a greater land area than was occupied by the nonconformity on the 31 effective date of this ordinance or amendment thereto. No nonconforming use 32 shall be moved in whole or in part to any other portion of the lot, parcel, or 33 structure not occupied by the nonconformity on the effective date of this 34 ordinance or amendment thereto, and no nonconforming structure shall be 35 moved at all except to come into compliance with the terms of this ordinance. 36 No nonconforming structure shall be enlarged, extended, reconstructed, or 37 structurally altered, if the effect is to increase the nonconformity. As an 38 exception to the above, any condition of development regarding a 39 nonconforming use or a nonconforming structure associated with a 40 nonconforming use, prohibited by this section may be permitted by resolution 41 of the city council based upon its finding that the proposed condition is equally 42 appropriate or more appropriate to the district than is the existing 43 nonconformity. City council may attach such conditions and safeguards to its City of Virginia Beach Agenda Item 2 page 2 of 3 44 approval as it deems necessary to fulfill the purposes of this ordinance. 45 Applications for the enlargement, extension or relocation of a nonconforming 46 use or structure shall be filed with the planning director. The application shall 47 be accompanied by a fee of six hundred sixty dollars ($660.00) to cover the 48 cost of processing the application. Such fee shall include all costs of 49 notifications and advertisings. The planning director shall cause the application 50 to be advertised for public hearing before the planning commission. Notice 51 shall be given as provided by Section 15.2-2204 of the Code of Virginia; 52 provided, however, that written notice as prescribed therein shall be given at 53 least fifteen (15) days prior to the hearing. A sign shall be posted on the site in 54 accordance with the requirements of section 108 of this ordinance. The 55 planning commission shall hold the public hearing at the time and place 56 announced. Following the public hearing, the commission shall by motion 57 adopt its recommendation and findings, and shall transmit such 58 recommendation and findings to city council. Upon receiving such 59 recommendation, the city council shall give notice of a public hearing as set 60 forth in this section and shall thereafter hold a public hearing and act upon the 61 proposed application. 62 63 (i)Any condition of development prohibited by this section, with respect to 64 nonconforming structures not associated with a nonconforming use, may be 65 granted by the Board of Zoning Appeals in accordance with section 106. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16987 R-1 September 26,2025 2 City of Virginia Beach Agenda Item 2 page 3 of 3 Virginia Beach Planning Commission November 12, 2025 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #02 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next order of business is the Regular Agenda. Madam Clerk, we ask that you call the first item. Clerk: Our first item is Item 2, City of Virginia Beach. Ms. Cuellar: Welcome back. Ms.Sabo:Good afternoon. Item number 2 is a text amendment that updates the Zoning Ordinance relation in Section 105 pertaining to nonconformities. This amendment would help align with state code and existing city policy and direct variance requests relating to nonconforming structures to be heard by the Board of Zoning Appeals in accordance with Section 106. A variance heard by the BZA would include things like requests for reductions in setbacks and building height, structural, or excuse me, size, area, height, bulk of a building or structure. Anything related to a non-conforming use, including non-conforming structures associated with that non-conforming use, would continue to be heard by City Council. So, to help I think clarify, when we think of nonconformities, there are nonconformities relating to uses where you have a business that came into operation prior to the ordinance or prior to a change in zoning ordinance. And so at the time that that business started, it was a use that was allowed, something changed in the code, and it is no longer allowed. That use is now non- conforming. This does not change how we handle non-conforming uses. What we're looking at is non-conforming structures. So, the actual physical aspect of a building, it is not related to the use at all. If that it is related to a non-conforming use, it would still be heard by council as it has been and would continue to be. So,this would be,again,you have a structure that is built prior to the ordinance or prior to a change in the ordinance. And that structure is encroaching into what is now a front setback, but at the time it was built it was meeting the ordinance. And if that building, if they're now wanting to add an addition or add a second story, for example, that would also encroach into that setback, that would be altering that non-conforming structure. The use is conforming in this case or in the cases that we're looking at here. So,this amendment would allow for those requests for variances to be heard by the Board of Zoning Appeals,which is what staff had done for a number of years. About a year and a half ago we took another look at the ordinance. There's a particular case that made us revisit it and saw that our ordinance had some language in it that directed those cases to be heard by council. And so,we did change for the past about year,year and a half where all of those went to council. But the state code allows for those variances again, for non-conforming structures,not uses,non-conforming structures to be heard by the Board of Zoning Appeals. And so that is what this amendment would do, would allow them to continue to hear those cases. Ms. Cuellar: Okay. Question. Commissioner Plumlee? Mr. Plumlee: Yes, thank you very much. My understanding was there was a particular lot that was non-conforming when it came to setbacks that went before the BZA or didn't go before the BZA. There was some back and forth about that, but it was considered non-buildable up to that point. But once the setback restrictions were taken away,then it was considered buildable. So,in that sense,there was a use. The first being this is non-conforming,no structure,no home could be built on it, but just removing those setbacks, now it could become a residential structure. That's my understanding as to why this came about in discussions and been beaten around back and forth. But it's, in looking at it, it's my understanding that the council is not required under state code to give this authority to the BZA. That was the clarity that I was looking for. Have you learned anything since I asked that earlier? Ms. Sabo: So, I want to address the first point. I believe I understand the case you're referring to. That was not a use question. There are some lots that are unbuildable because of setback requirements. The use for that parcel,the zoning allowed a single-family dwelling. It was that the setbacks were such that you couldn't structurally build a single-family dwelling. So, in effect, a single-family dwelling could not be built, but it was not a use issue. The ordinance still said that a single-family use was appropriate for that property. But they couldn't build one because of the structural or the dimensional requirements. So, in that case,nothing could be built,not from a use aspect, but from a dimensional aspect. And then I will let our Diamond, our City Attorney representative, speak to whether or not state code references. Ms.Royster: Yes. So,the authority in 15.2-2309 states, "The boards of zoning appeals shall have the following powers and duties." And then it lists out several things. One of them is to include the ability to address variances. And so, it really comes down to when you see powers and duties, does that mean they're required to, or does City Council have the ability to keep that within their purview? And so,we can look into that a little bit further just to clarify on that end and provide to City Council whichever way that falls. Mr. Plumlee: Okay. Thank you very much. Ms. Cuellar: Commissioner Coston, do you have a question? Mr. Coston:No, I was just double-checking. Ms. Cuellar: Any further questions? Commissioner Camp. Mr. Camp: On the point just referenced,did the code section quoted say, "shall have"? Ms.Royster: Yes, "shall have power."And so it's depending on the interpretation, if you have the power, but doesn't mean you require it to do it. And so just it's looking at the interpretation,just making sure we're clear on the other end. Ms. Sabo: Whether it is a requirement for the BZA to hear these or an ability for the BZA to hear these, it is still staff s recommendation that the Board of Zoning Appeals be the board that hears variances related to non-conforming structures. Ms. Cuellar: Thank you very much. Are there any further questions for the applicant? Thank you. Madam Clerk, do we have any speakers? Clerk: We have one speaker, Eddie Bourdon. Please state your name for the record. Mr. Bourdon: Yes, for the record, Eddie Bourdon, Virginia Beach Attorney. I had hoped not to have to speak on this matter today. First of all,Commissioner Moorjani,welcome. Thank you for your willingness to serve. And after all of this discussion, you might think, "What in the world did I do?" Okay. And Hannah did an excellent job. Hannah is not the architect of this messed up situation that we're dealing with today. The fact is that since,according to my former partner,now long retired, Circuit Court Judge Bob Cromwell, who taught me this stuff many 40-plus years,44 years ago,Virginia Beach per the state code,the Board of Zoning Appeals has always heard,until last month, all variance applications involving structures that are non-conforming. And we have, as Ms. Sabo indicated, and we have a lot of those. The North End of Virginia Beach,we have along Shore Drive and a lot of places where lots were platted before we had zoning and subdivision ordinances. And as of 1954, so you have buildings that were built on properties that are currently zoned for their use. Okay? It has nothing to do with the use that are non-conforming to setbacks. The North End, we have changed setbacks and put in requirements for impervious surface and lot coverage and floor area that don't exist in the other zoning districts throughout the city that have created a lot of non-conforming situations. We have tons of them. And the state code requires that they be heard by the Board of Zoning Appeals. If that were not the case, all the Supreme Court cases in Virginia that have been between the County of Fairfax and its BZA would've been handled by their Board of Supervisors and not their BZA. I misspoke. So, it is the purview of the Board of Zoning Appeals. I was up here last month on two cases, the only two that I remember ever being before this board that were ever heard by this Planning Commission involving nothing but a structural variance for a non-conforming structure. And that was for 65th Street, Windward, his daughter, the architect. And there was another one that was also up here. Those are the first two. Mr. Carrington has one; it would be the third. And that's in 40 years plus of me coming before the Planning Commission and City Council pretty much every month,not always when I first started practicing. So this is,and you may recall that last month on the one that I did, I read into the record the findings that have to be made by the Board of Zoning Appeals. They're quasi-judicial, and they were appointed by the judges until Leo Wardrup wasn't listened to by the Board of Zoning Appeals. And he came to see Les Lilley and tried to get it shifted over to the City Council,and Les pointed out what the code says and you can't do that. But good old Leo changed the code so that the council appoints the BZA. I'm sorry,I can't do all this in three minutes. Ms. Cuellar: It's difficult. If you pause, maybe someone will have a question for you. Mr. Bourdon: Hannah doesn't, it's not her fault. None of these folks know all this because they haven't been doing this for any length of time. Go ahead. Mr. Plumlee: The reason we're here is to get this information out into the public and not do it by phone call. Right. It's to do it in public and the people understand what it's about. So if you have something that you think is important to add with regards to the state authority, I think the state authority under 2309, now that that's been pointed out, sends you to 15.2-2202, where you find structure, shape, size, irregularities brought in. But I haven't had a chance to go look at case law. This comes up yesterday and I'm dealing with it today. So,is there something specific with regards to state authority that you've dealt with in answering that question in court or otherwise? Mr.Bourdon: Well, I, because-- Mr.Plumlee: I think that's important to know. Mr. Bourdon: I provided this information many months ago to Mr. Kemp who was involved in this change, so to speak. And the one thing that, our Zoning Ordinance wording of Section 105, 1 think it is vague. And I've had this conversation with Tori Eisenberg when it first came. I said, "I can see how you might read it that way and what have you, but it has never been interpreted that way by the City of Virginia Beach ever." And the circumstance that you brought up that led to this,as my understanding, I don't know from firsthand experience, it does not involve any action, any variance granted by the Board of Zoning Appeals;they have granted nothing. There is a piece of land that was never intended to be a lot, that a family that was city-assessed it for a hundred dollars and a family decided that they were going to try to make money off it, sitting in front of two other houses in a very nice neighborhood. And they,the buyers of that house, or that,excuse me,that lot, nothing on it,never been anything built on it,filed a BZA application,which was withdrawn. It was withdrawn because they weren't going to get anything approved. And it's never been before the Board of Zoning Appeals. But then there's been a whole lawsuit going all over the place about where the setbacks are, because they're going to build a tiny house that met the setbacks. It has not a thing to do with any of what we're spending all this time on. Nothing. It's an odd situation with a piece of gore that has been interpreted to be a lot, and it was never shown on a plat as a lot, but that's, it's a whole legal case. It doesn't change any of what we're talking about. Ms. Cuellar: Okay. Are there any additional questions for the speaker? Commissioner Schoonover, did you have one? Ms. Schoonover: Yeah, I wanted to make sure he was going to complete what he was going to say. Ms. Cuellar: Thank you. Thank you very much. Mr.Bourdon: You should please,please approve it. Ms. Cuellar: Okay. So I'd like to open up the floor for discussion and to entertain a motion. Mr. Coston: I move that we approve the item. Ms.Byler: I second that. Ms. Cuellar: We have approval by Commissioner Coston, second by Commissioner Byler. Any further discussion? Clerk: The vote is open. By recorded vote of nine to one, Item Number 2, City of Virginia Beach, has been recommended for approval. Ms. Cuellar: Thank you very much. Vote Tall Commission Member AYE 9 NAY 1 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler X Schoonover X Plumlee X Hippen X Cuellar Chair X Coston Vice Chair X Moor'ani X Mauch X K. APPOINTMENTS • AUDIT COMMITTEE • BAYFRONT ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • COMMUNITY SERVICE BOARD • DEFERRED COMPENSATION BOARD • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • HEALTH SERVICES ADVISORY BOARD • HISTORICAL PRESERVATION COMMISSION • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. NEW BUSINESS N. ADJOURNMENT 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 December 9, 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: 12/02/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIUS BRIEFING A. ANNUAL DEBT UPDATE Nikki Griffith,Deputy Director—Finance Kyle Laux,Senior Vice President— Davenport II. CITY MANAGER'S BRIEFING A. PARKS NEEDS ASSESSMENT& Michael Kirschman, DEVELOPMENT STRATEGY PLAN Director—Parks &Recreation Chad Morris, Planning Design &Development Administrator— Parks&Recreation Ili.- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y VII. A-F G. MINUTES APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y 1. SPECIAL FORMAL SESSION— November 18,2025 2. INFORMAL AND FORMAL SESSIONS— APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y November 18,2025 ADD MAYOR'S PRESENTATION ADDED ON l. RESOLUTION IN RECOGNITION— Sean Adams H. PUBLIC HEARINGS l. PROPOSED PROPERTY TAX EXEMPTIONS NO SPEAKERS Echoes in Healing Foodbank of Southeastern Virginia Maverick Learning Center Philippine Nurses Association of Virginia,Inc. Protecting Paws in Peril Quality of Life,Inc. The Micro-Nonprofit Network 2. AMENDMENTS TO THE FY 2025-26 NO SPEAKERS CAPITAL IMPROVEMENT PROGRAM(CIP) FOR FLOOD PROTECTION The Lakes,Windsor Woods,and Princess Anne Plaza Projects 3. LEASE OF CITY PROPERTY NO SPEAKERS 1113 Atlantic Avenue(deWitt Cottage) J.1. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $110,000 from the U.S.Department of Homeland CONSENT Security (DHS) to the FY 2025-26 Fire Department Operating Budget and AUTHORIZE $11,000 local match within the FY 2025-26 Fire Department General Fund re purchase of fitness, health monitoring and health assessment equipment 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:12/02/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.2. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $46,875 from the U.S.Department of Homeland CONSENT Security (DHS) to the FY 2025-26 Fire Department Operating Budget and AUTHORIZE $15,625 local match within the FY 2025-26 Fire Department General Fund re Fire Department's Marine Team J.3 Ordinance to APPROPRIATE$94,000 from the ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y fund balance of the Commonwealth Attorney's CONSENT Forfeited Assets Special Revenue Fund to the FY 2025-26 Commonwealth's Attorney Operating Budget re second phase of the digital case file initiative K. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y COMMITTEE Bryan Hickman 3 Year Term 1/l/2026-12/31/2028 BEACHES AND WATERWAYS ADVISORY Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y COMMISSION Conner Smith Representing Student Member 12/2/2025—6/30/2026 CHESAPEAKE BAY PRESERVATION AREA Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y BOARD Stephen Ballard 3 Year Term 1/l/2026—12/31/2028 COMMUNITY SERVICES BOARD Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Sharif Hines Grace Pearl 3 Year Term l/1/2026—12/31/2028 HISTORIC PRESERVATION COMMISSION Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Christi Lyons 3 Year Term 1/1/2026—12/31/2028 Appointed: Mary Gentry Unexpired term thru 3/31/2026 +3 Year Term 4/l/2026—3/31/2029 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:12/02/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITFM# SUBJECT MOTION VOTE I S R Y N N K D E N N RESORT ADVISORY COMMISSION Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Charles Cayton— Representing Design Professional Lori Overholt Michael Ronan 3 Year Term 1/l/2026—12/31/2028 Appointed: Robert Fine 3 Year Term 1/1/2026—12/31/2028 VIRGINIA BEACH CANNABIS ADVISORY Reappointed: I -u A Y Y Y Y Y Y Y Y Y Y TASK FORCE Brandon Hackney— Representing Planning Department Letitia Tibbs— Representing Citizen Michael Mauch— Representing Resort Advisory Commission Ryan Suit— Representing Cannabis Industry 2 Year Term I/l/2026—12/31/2027 1- UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:24 PM OPEN DIALOG 29 SPEAKERS 7:45 PM