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HomeMy WebLinkAbout3-17-2026 FORMAL SESSION AGENDA GtN1A'B�A � O U vi r, O � City of Virginia Beach "COMMUNITY FOR A LIFETIME �F DUR NAT��N City Council Members Mayor Robert M. `Bobby" Dyer bdver@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 clacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenlev@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda March 17, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCILS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 3:00 P.M. Brent Mckenzie, Legislative Affairs Director B. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 3:45 P.M. Jeff Waller, P.E., Chair of Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager, Jacobs Engineering C. HONORARY STREET NAMINGS 4.15 P.M. Kathy Warren, Director- Planning II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 P.M. III. CITY COUNCIL AGENDA REVIEW 5:15 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:30 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. MINUTES 1. INFORMAL AND FORMAL SESSION — March 3, 2026 2. SPECIAL FORMAL SESSION — March 10, 2026 3. SPECIAL FORMAL SESSION — March 12, 2026 H. PUBLIC BID OPENING 1. LEASE OF CITY PROPERTY— Pickleball Facility at 928 South Birdneck Road I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to Execute a lease for 457+/- acres of City-Owned property on North Landing Road for up to five (5) years with Land of Promise Farms Partnership 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 23+/- acres of City-Owned property at 3180 New Bridge Road for up to five (5) years with Dawley Family Farms LLC 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 69+/- acres of City-Owned property at 2865 Indian River Road for up to five (5) years with Dawley Family Farms LLC 4. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation, re Centerville Turnpike Phase II Project, CIP 10057 (formerly CIP 2-409), and 100452 (formerly CIP 6-556) 5. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 6. Ordinance to AMEND City Code Section 21-202 re prohibit through trucks and require signage of such prohibition on Regent University Drive 7. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach, Development Authority, and the Atlantic Park Community Development Authority finances and enter into a contract with Cherry Bekaert, LLP at an estimated cost of$255,000 8. Ordinance to APPROPRIATE $6-Million from the unrestricted fund balance of the Risk Management Internal Service Fund to the FY 2025-26 Risk Management Internal Service Fund Operating Budget re unexpected expenditures 9. Ordinance to APPROPRIATE $518,171 from the fund balance of the General Fund to Capital Project #100639, "Cape Henry Lighthouse Restoration"; to AUTHORIZE the City Manager to EXECUTE an Amendment with the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse; and to AUTHORIZE the City Manager to ACCEPT a promissory note from the Association for the Preservation of Virginia Antiquities re payment obligations x .. ', K. PLANNING 1. JULIA ELLEN KELLER REVOCABLE LIVING TRUST for a Street Closure re 15-foot-wide portion of an unimproved, unnamed alley adjacent to 622 Surfside Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 2. CAVALIER GOLF & YACHT CLUB for a Modification of Conditions to a Conditional Use Permit re outdoor recreation facility at 1052 Cardinal Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. SHAKILAH VERNER for a Conditional Change of Zoning from R-7.5 Residential to Conditional A- 18 Apartment District re develop a multi-family development and a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width and street frontage at 4916 Euclid Road DISTRICT 4 RECOMMENDATION: STAFF- DENIAL PLANNING COMMISSION -APPROVAL 4. ATLANTIC EAST BUILDERS, LLC / GREEN SHORE, LLC for a Conditional Change of ZoninE from R-5R Residential Resort District to Conditional A-12 Apartment District re construct six (6) condominium units at 2221 Greenwell Road, Units C & B, 2223 Greenwell Road, and 2223 Greenwell Road, Unit B DISTRICT 9 RECOMMENDATION: APPROVAL 5. MTSF, INC. / SADLER MATERIALS CORP for a Conditional Use Permit re bulk storage yard at 207 Parker Lane DISTRICT 3 RECOMMENDATION: APPROVAL 6. OCEANA DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 464 Progress Lane DISTRICT 3 RECOMMENDATION: APPROVAL 7. C THE JEMS, LLC / RICHARD D. & JAMES P. GOLDSTEIN for a Conditional Use Permit re bulk storage yard at 1361 Virginia Beach Boulevard DISTRICT 6 (Deferred from February 17, 2026) RECOMMENDATION: APPROVAL 8. LONI BROWN for a Conditional Use Permit re family day-care home at 677 Baker Road DISTRICT 4 RECOMMENDATION: APPROVAL 9. COSMIC CURE/HLAS HOLDINGS LLC for a Conditional Use Permit re tattoo parlor at 3615 Virginia Beach Boulevard DISTRICT 8 RECOMMENDATION: APPROVAL 10. MATT NELSON / LINDA FOSTER ABSALOM REVOCABLE TRUST for a Conditional Use Permit re tattoo parlor at 2260 Seashore Shoppes SC DISTRICT 8 RECOMMENDATION: APPROVAL 11. VINH LE /TIMBERLAKE SHOPPING CENTER ASSOCIATION for a Conditional Use Permit re tattoo parlor at 4239 Holland Road, Suite 712 DISTRICT 10 RECOMMENDATION: APPROVAL 12. JUSTCN BROWN for a Conditional Use Permit re short term rental at 428 215t Street DISTRICT 6 RECOMMENDATION: APPROVAL 13. AARON HALL for a Conditional Use Permit re short term rental at 516 22"d Street, Unit 200 DISTRICT 6 RECOMMENDATION: APPROVAL 14. RAYAPU REDDY TUMMA AND JYOTHI SALIBINDLA for a Conditional Use Permit re short term rental at 413 21s' Street DISTRICT 6 RECOMMENDATION: APPROVAL L. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY POLICY AND MANAGEMENT TEAM • DEFERRED COMPENSATION BOARD • INDEPENDENT CITIZEN REVIEW BOARD • PARKS AND RECREATION COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 17, 2026. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 3:00 P.M. Brent Mckenzie, Legislative Affairs Director B. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 3:45 P.M. Jeff Waller, P.E., Chair of Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E., Program Manager, Jacobs Engineering C. HONORARY STREET NAMINGS 4.15 P.M. Kathy Warren, Director - Planning II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 P.M. III. CITY COUNCIL AGENDA REVIEW 5:15 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:30 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. MINUTES 1. INFORMAL AND FORMAL SESSION — March 3, 2026 2. SPECIAL FORMAL SESSION — March 10, 2026 3. SPECIAL FORMAL SESSION — March 12, 2026 H. PUBLIC BID OPENING 1. LEASE OF CITY PROPERTY—Pickleball Facility at 928 South Birdneck Road I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to Execute a lease for 457+/- acres of City-Owned property on North Landing Road for up to five (5) years with Land of Promise Farms Partnership 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 23+/- acres of City-Owned property at 3180 New Bridge Road for up to five (5) years with Dawley Family Farms LLC 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 69+/- acres of City-Owned property at 2865 Indian River Road for up to five (5) years with Dawley Family Farms LLC 4. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation, re Centerville Turnpike Phase II Project, CIP 10057 (formerly CIP 2-409), and 100452 (formerly CIP 6-556) 5. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 6. Ordinance to AMEND City Code Section 21-202 re prohibit through trucks and require signage of such prohibition on Regent University Drive 7. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach, Development Authority, and the Atlantic Park Community Development Authority finances and enter into a contract with Cherry Bekaert, LLP at an estimated cost of$255,000 8. Ordinance to APPROPRIATE $6-Million from the unrestricted fund balance of the Risk Management Internal Service Fund to the FY 2025-26 Risk Management Internal Service Fund Operating Budget re unexpected expenditures 9. Ordinance to APPROPRIATE $518,171 from the fund balance of the General Fund to Capital Project #100639, "Cape Henry Lighthouse Restoration"; to AUTHORIZE the City Manager to EXECUTE an Amendment with the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse; and to AUTHORIZE the City Manager to ACCEPT a promissory note from the Association for the Preservation of Virginia Antiquities re payment obligations �E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with Land of Promise Farms Partnership for 457+/- Acres of City-Owned Property Located on North Landing Road PUBLIC HEARING: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: As part of the ITA/RAA Acquisition Program, an element of the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City acquired: (i) a 516+/- acre parcel of land located along North Landing Road (GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71- 9043 and 1484-71-2633), formerly the Brown Farm in 2011; (ii) an 18+/- acre parcel of land located along Landstown Road (GPIN: 1484-74-8490) formerly ARE in 2016; and (iii) a 68+/- acre parcel of land located near Landstown Road (GPIN: 1484-94-8243), formerly the Bell Farm, in 2015 (collectively, the "City Property"). The City proposes to lease a portion of the City Property consisting of 457+/- acres for agricultural purposes (the "Premises"). Farming the Premises will maintain the drainage ditches and security of the area, alleviating the City's maintenance responsibilities. The City issued a Request for Proposals for the lease of the Premises and received two proposals. A review committee evaluated the proposals and recommends entering into a lease agreement with Land of Promise Farms Partnership ("Land of Promise"). Land of Promise has leased the Premises since 2019. ■ Considerations: The lease term would be for five (5) years. Land of Promise has offered rent of $62,666.13 for the first year, with an annual escalation of two percent (2%) each year thereafter. Land of Promise will also be responsible for the payment of leasehold taxes. ■ Public Information: The March 3, 2026 public hearing was advertised on February 22, 2026 in The Virginian-Pilot. Public notice was further provided via the normal City Council agenda process. ■ Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. Fifty percent (50%) of the proceeds from the lease of the Premises will be deposited for future appropriation in Capital Improvement Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate)r City Manager I AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS 3 WITH LAND OF PROMISE FARMS PARTNERSHIP 4 FOR 457+/- ACRES OF CITY-OWNED PROPERTY 5 LOCATED ON NORTH LANDING ROAD 6 7 8 WHEREAS, As part of the ITA/RAA Acquisition Program, an element of 9 the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City 10 acquired: (i) a 516+/- acre parcel of land located along North Landing Road 11 (GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71- 12 9043 and 1484-71-2633), formerly the Brown Farm in 2011; (ii) an 18+/- acre 13 parcel of land located along Landstown Road (GPIN: 1484-74-8490) formerly 14 ARE in 2016; and (iii) a 68+/- acre parcel of land located near Landstown Road 15 (GPIN: 1484-94-8243), formerly the Bell Farm, in 2015 (collectively, the "City 16 Property"), 17 18 WHEREAS, the City issued a Request for Proposals for 457+/- acres of 19 the City Property (the "Premises") and received two submittals; 20 21 WHEREAS, a review committee evaluated the proposals and 22 recommends entering into a lease agreement with Land of Promise Farms 23 Partnership ("Land of Promise"); 24 25 WHEREAS, the term of the lease would be for five (5) years, and Land of 26 Promise has offered to pay rent in the amount of $62,666.13 for the first year, 27 with a two percent (2%) annual rent escalation for each year thereafter, 28 29 WHEREAS, continued farming of the Premises alleviates the City's 30 maintenance responsibilities and tends to maintain security of the Premises; and 31 32 WHEREAS, the Premises will be utilized as farm land and for no other 33 purpose. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 1. That the City Manager is hereby authorized to execute a lease for 39 the term of five (5) year between Land of Promise and the City for the Premises, 40 in accordance with the Summary of Terms attached hereto as Exhibit A and 41 made a part hereof, and such other terms, conditions or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City 43 Attorney. 44 45 2. That fifty percent (50%) of the proceeds from the lease of the 46 Premises will be deposited for future appropriation in Capital Improvement 47 Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and 48 fifty percent (50%) will be deposited for future payment by the City Manager to 49 refund the Commonwealth's portion in accordance with the grant agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia on the 52 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ubl Worl<s/ eal Estat WAtt�tt&eyl/t4 APPROVED AS TO CONTENT: Br(dget and kYanagernerif Services CA16280 ltvbg ov.con'dls l\appltu Vonskdrylawlcywrn321vrpdoCskl0101p054101 W 8131.doc R-1 February 19, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 457+/- ACRES OF CITY-OWNED PROPERTY LOCATED ON NORTH LANDING ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Land of Promise Farms Partnership PREMISES: 457+/- Acres located on North Landing Road Road (all or part of GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71-9043, 1484-71-2633, 1484-74-8490 and 1484-94-8243) TERM: Five (5) years RENT: $62,666.13 for the first year, with an annual escalation of two percent (2%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain the Premises, ditches and existing farm paths and maintain the security of the area to deter illegal dumping. • Responsible for the maintenance and/or repair of the Premises arising out of Lessee's use of the Premises. • Maintain commercial general liability insurance and pollution liability insurance in a minimum amount of $1,000,000 per occurrence. • Responsible for paying all personal property taxes and leasehold taxes, if applicable. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Virgaua React► Natrona' Galf.Cklb oil N-LaoduV Rd- 4� t t 1 t S MM 4 i ! f CITY Disclosure V_B_ i VIRGINIA j1 BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • APPLICANT INFORMATION Applicant Name: as listed on application Land of Promise Farms Partnership Is Applicant also the Owner of the subject property? Yes® Noe If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes NoO If yes, name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesONo® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Donald H. Horsley, Manager; Diane F. Horsley, Manager; D. Shane Horsley, Member; B. Ryan Horsley, Member Does the subject property have a proposed or pending purchaser? Yes U No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No(• If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. M ay-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation ® Rossie Brok,Barnes, Brock,Cornwell &Painter, PLC Architect/Designer/Landscape Q O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Donald H. Horsley, Manager b "D 9 /D- j- Z 6- Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§ 2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of (date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation, partnership,firm, business, trust, or unincorporated business? Yes(•)Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No0 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No If yes, name the official or employee, and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, O Q cross-col lateral ization, etc.) Real Estate Broker/Agent/Realtor O O Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O O Engineer/Surveyor/Agent O O Legal Services O O PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement i rev. M a y-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with Dawley Family Farms LLC for 23+/- Acres of City-Owned Property Located at 3180 New Bridge Road PUBLIC HEARING: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: The City of Virginia Beach (the "City") owns property consisting of 45+/- acres, located at 3180 New Bridge Road (GPIN: 2413-71-0580) (the "City Property"). The City acquired the City Property by Deed in 2006 as a part of the City's Open Space Program. The City proposes to lease a portion of the City Property consisting of 23+/- acres for agricultural purposes (the "Premises"). Farming the Premises will maintain the drainage ditches and security of the area, alleviating the City's maintenance responsibilities. The City issued a Request for Proposals for the lease of the Premises and received one proposal from Dawley Family Farms LLC ("Dawley"). A review committee evaluated the proposal and recommends entering into a lease agreement with Dawley. Dawley has offered an annual rent of $2,300, along with payment of leasehold taxes. Dawley has leased the Premises since 2023. ■ Considerations: The lease term would be for one (1) year with four (4) one- year renewal options. The renewal options would be at the mutual agreement of both parties. ■ Public Information: The March 3, 2026 public hearing was advertised on February 22, 2026 in The Virginian-Pilot. Public notice was further provided via the normal City Council agenda process. ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting DepartmentlAgency: Public Works / Real Estateoc- City Manager: I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH DAWLEY FAMILY FARMS LLC 4 FOR 23+/- ACRES OF CITY-OWNED PROPERTY 5 LOCATED AT 3180 NEW BRIDGE ROAD 6 7 WHEREAS, as part of the Open Space Site Acquisition Program, the City 8 of Virginia Beach (the "City") acquired land consisting of 45+/- acres, located at 9 3180 New Bridge Road (the "City Property"); 10 11 WHEREAS, the City issued a Request for Proposals for 23+/- acres of the 12 City Property (the "Premises") and received one submittal from Dawley Family 13 Farms LLC, a Virginia limited liability company ("Dawley"); 14 15 WHEREAS, a review committee evaluated the submittal and recommends 16 leasing the Premises to Dawley for a term of one (1) year, with four (4) one-year 17 renewal options; 18 19 WHEREAS, Dawley has agreed to pay the City rent in the amount of 20 $2,300.00 annually; and 21 22 WHEREAS, the Premises will be utilized as farm land and for no other 23 purpose; and 24 25 WHEREAS, continued farming of the Premises alleviates the City's 26 maintenance responsibilities and tends to maintain security of the Premises. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease agreement 32 between the City and Dawley Family Farms LLC for the Premises in accordance 33 with the Summary of Terms attached hereto as Exhibit A, and made a part 34 hereof, and such other terms and conditions or modifications as may be 35 acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 39 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL n bli Works / eal Estat ;FICIENCY: P#or ey CA16278 \lvbgov.comldfs 1lapplicationslcitytawlcycom 321wpdocs1d0171p054101107814.doe R-1 February 18, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 23+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 3180 NEW BRIDGE ROAD AND COMMONLY KNOWN AS NEW BRIDGE FARM LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms LLC, a Virginia limited liability company PREMISES: 23+/- acres located at 3180 New Bridge Road (a portion of GPIN 2413-71-0580) TERM: One (1) year, with four (4) one-year renewal options RENT: $2,300 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain all equipment and improvements, if any, on the Premises in a safe, clean, and orderly condition. • Responsible for the maintenance and/or repair of the Premises arising out of Lessee's use of the Premises. • Maintain general liability insurance and pollution liability insurance in a minimum amount of $1,000,000 per occurrence. • Responsible for paying all personal property taxes and leasehold taxes, if applicable. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual agreement of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. LOCATION MAP 3180 New Bridge Road (45+/- Total Acres) VA ,f , �., ` �, �. inn. � � x1• er J' .f r ., n. Premises: 23+/- Acres Wa r Disclosure Statement W City ofviryirua Beadr 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 Dawley Family Farms, LLC Does the applicant have a representative? ❑ Yes © No • If yes, list the name of the representative. 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) W.Jason Dawley, Lindsay W. Dawley • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. '"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement W City of Viryinia Beach k. 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 W 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-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 W No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broke r/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 W NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes M NO • If yes,identify the purchaser and purchaser's service providers. Revised 11,09.2020 2 1 P a g e Disclosure Statement XB City of Vitybda 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 M 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 M 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 W.Jason Dawley,Owner Print Name and Title 4/8/2022 Date Is the applicant also the owner of the subject property? ❑ Yes M NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date �/ //� / Signature 711 o f7 Print Name Revised 11.09.2020 3 1 P a g e �u e is CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with Dawley Family Farms LLC for 69+/- Acres of City-Owned Property Located at 2865 Indian River Road PUBLIC HEARING: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: As part of the ITA/RAA Acquisition Program, an element of the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City acquired a 792-acre parcel of land located along Indian River Road (GPINs 1493-11-6571 and 1493-21-8107), formerly known as the Rock Church Parcel in 2011 (the "City Property"). The City Property is now known as North Landing Park. The City proposes to lease a portion of the City Property consisting of 69+/- acres for agricultural purposes (the "Premises"). Farming the Premises will maintain the drainage ditches and security of the area, alleviating the City's maintenance responsibilities. The City issued a Request for Proposals for the lease of the Premises and received one proposal from Dawley Family Farms LLC ("Dawley"). A review committee evaluated the proposal and recommends entering into a lease agreement with Dawley. Dawley has leased the Premises since 2012. ■ Considerations: Dawley has offered an annual rent of $5,500, along with payment of leasehold taxes. The lease term would be for one (1) year with four (4) one-year renewal options. The renewal options would be at the mutual agreement of both parties. ■ Public Information: The March 3, 2026 public hearing was advertised on February 22, 2026 in The Virginian-Pilot. Public notice was further provided via the normal City Council agenda process. ■ Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. Fifty percent (50%) of the proceeds from the lease of the Premises will be deposited for future appropriation in Capital Improvement Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: PAS"" I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH DAWLEY FAMILY FARMS LLC 4 FOR 69+/- ACRES OF CITY-OWNED PROPERTY 5 LOCATED AT 2865 INDIAN RIVER ROAD 6 7 WHEREAS, as part of the ITA/RAA Acquisition Program, an element of 8 the City of Virginia Beach's (the "City") 2005 BRAC Response, in 2011 the City 9 acquired a 792-acre parcel of land located at 2865 Indian River Road (GPINs 10 1493-11-6571 and 1493-21-8107), now known as North Landing Park (the "City 11 Property"); 12 13 WHEREAS, the City issued a Request for Proposals for 69+/- acres of the 14 City Property (the "Premises") and received one submittal from Dawley Family 15 Farms LLC, a Virginia limited liability company ("Dawley"); 16 17 WHEREAS, a review committee evaluated the submittal and recommends 18 leasing the Premises to Dawley for a term of one (1) year, with four (4) one-year 19 renewal options; 20 21 WHEREAS, Dawley has agreed to pay the City rent in the amount of 22 $5,500.00 annually; 23 24 WHEREAS, the Premises will be utilized as farm land and for no other 25 purpose; and 26 27 WHEREAS, continued farming of the Premises would alleviate the City's 28 maintenance responsibilities and tends to maintain security of the Premises. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Manager is hereby authorized to execute a lease 34 agreement between the City and Dawley Family Farms LLC for the Premises in 35 accordance with the Summary of Terms attached hereto as Exhibit A, and made 36 a part hereof, and such other terms and conditions or modifications as may be 37 acceptable to the City Manager and in a form deemed satisfactory by the City 38 Attorney. 39 40 2. That fifty percent (50%) of the proceeds from the lease of the 41 Premises will be deposited for future appropriation in Capital Improvement 42 Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and 43 fifty percent (50%) will be deposited for future payment by the City Manager to 44 refund the Commonwealth's portion in accordance with the grant agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 46 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a P lic Works /Real Estate y for y APPROVED AS TO CONTENT: 1 B ldget an Management Services CA16747 1lvbgov.conMfs l lapplicauons"lawlcycon)321vipdocsWo181p054101108 M.doc R-1 February 18, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 69+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD AND COMMONLY KNOWN AS NORTH LANDING PARK LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms LLC, a Virginia limited liability company PREMISES: 69+/- Acres located at 2865 Indian River Road (portion of GPIN 1493-21-8107) TERM: One (1) year, with four (4) one-year renewal options RENT: $5,500 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain all equipment and improvements, if any, on the Premises in a safe, clean, and orderly condition. • Responsible for the maintenance and/or repair of the Premises arising out of Lessee's use of the Premises. • Maintain general liability insurance and pollution liability insurance in a minimum amount of $1,000,000 per occurrence. • Responsible for paying all personal property taxes and leasehold taxes, if applicable. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual agreement of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. LOCATION_ MAP P }} 1-7 • e�i• !F X/ h • s `s - 2865 Indian River Road 4 j� (792+/-Total Acres a { t Leased Premises (69+/- Acres) s� b� sr E•F- y 8 y R • 4,t S t _ c Disclosure Statement XE City of L'ugWa Bmch w - Planning & Community f _� 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 Dawley Family Farms, LLC Does the applicant have a representative? ❑ Yes © NO • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? N Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) W.Jason Dawley, Lindsay W. Dawley • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Disclosure Statement VB City of t iroia RWM PIanning & 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-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. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes M 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. 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 W NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement x Y3 City ojVi nia 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 M 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 M 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 M 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 W.Jason Dawley,Owner Print Name and Title 4/8/2022 Date Is the applicant also the owner of the subject property? ❑ Yes 0 NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e �rin et;� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: On February 6, 2024, Council adopted an Ordinance (ORD- 3761AA) (the "2024 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5- 251), 100452 (formerly CIP 6-556) (the "Project"). Since the 2024 Ordinance was adopted, Public Works has made various design changes to the Project along Centerville Turnpike including: changes to access to Centerville Turnpike, relocation of public and private utilities, and sizes of property interests and easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The Project will require property and easements from 50 privately owned parcels and approximately 9 City-owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Citizen's Information meeting was held on January 22, 2015. A public hearing will be on March 3, 2026, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, 2024 Ordinance, and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CENTERVILLE TURNPIKE PHASE II 4 PROJECT, CIP 100057 (FORMERLY CIP 2- 5 406), 100451 (FORMERLY CIP 2-251), 100452 6 (FORMERLY CIP 6-556), AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, EITHER BY 9 AGREEMENT OR CONDEMNATION, 10 REFLECTING AREAS CHANGED SINCE 11 PREVIOUS AUTHORITY WAS GRANTED 12 13 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2- 14 409), 100451 (formerly CIP 2-251), and 100452 (formerly CIP 6-556), includes widening of 15 Centerville Turnpike from its current two-lane configuration to a four-lane divided highway 16 for enhanced safety and increased capacity. The existing two-lane road carries 17 approximately 19,078 vehicles per day and has a projected volume of 36,000 in 2040, 18 19 WHEREAS, on February 6, 2024, City Council adopted Ordinance 3761AA (the 20 "2024 Ordinance") authorizing the acquisition of property and easements by agreement or 21 condemnation for the Project; 22 23 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 24 public necessity exists for the construction of this important roadway project to improve 25 transportation, public utilities and stormwater within the City and for other related public 26 uses for the preservation of the safety, health, peace, good order, comfort, convenience, 27 and for the welfare of the people in the City of Virginia Beach; 28 29 WHEREAS due to Project design changes, it is necessary to amend the City 30 Council authorization to acquire property and easements either by agreement or 31 condemnation to reflect the updates to the plats and plans since the 2024 Ordinance was 32 adopted; and 33 34 WHEREAS, the major design features of the Project as previously approved have 35 not changed. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 Section 1. That the City Council authorizes the acquisition by purchase or 41 condemnation pursuant to Sections 15.2-1901, et sec.., Sections 33.2-1007, et seg., and 42 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 43 simple, including temporary and permanent easements and entire tracts upon which such 44 rights of way or easements shall be located within the limitations and conditions of Section 45 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the 46 plans entitled "CENTERVILLE TURNPIKE PHASE 11 CIP 100057 (2-409), 100451 (5-251), 47 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO: INDIAN RIVER ROAD 48 JANUARY 19, 2026 0000-134-770" (the"Project"), and more specifically described on the 49 acquisition plats for the Project (plats and plans collectively referred to as the"Plans"), the 5o Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 51 Beach, Virginia, 52 53 Section 2. That the City Manager is hereby authorized to make or cause to be made 54 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 55 offer to the owners or persons having an interest in said Property. If refused, the City 56 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 57 condemn said Property. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 60 , 2026. CA16731 PREPARED: 2/19/26 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY cff4J �- /0-1)0 BL C WOR S REAL ESTATE CITY ATTORNEY ` AA AN 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CENTERVILLE TURNPIKE PHASE II 4 PROJECT, CIP 100057 (FORMERLY CIP 2- 5 406), 100451 (FORMERLY CIP 2-251), 100452 6 (FORMERLY CIP 6-556), AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, BY AGREEMENT 9 OR CONDEMNATION 10 11 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057(formerly CIP 2- 12 409) includes widening of Centerville Turnpike from its current two-lane configuration to a 13 four-lane divided highway for enhanced safety and increased capacity.The current existing 14 two-lane road carries 19,078 vehicles per day and has a projected volume of 36,000 in 15 2040; and 16 17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 18 public necessity exists for the construction of this important roadway project to improve 19 transportation, public utilities and stormwater within the City and for other related public 20 purposes for the preservation of the safety, health, peace, good order, comfort, 21 convenience, and for the welfare of the people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et sec., Sections 33.2-1007, et seg., and 28 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 29 simple, including temporary and permanent easements and entire tracts upon which such 30 rights of way or easements shall be located within the limitations and conditions of Section 31 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the 32 plans entitled "CENTERVILLE TURNPIKE PHASE II CIP 100057 (FORMERLY CIP 2- 33 409), 100451 (5-251), 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO: 34 INDIAN RIVER ROAD" (the "Project"), and more specifically described on the acquisition 35 plats for the Project (plats and plans collectively referred to as the"Plans"),the Plans being 36 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 37 Virginia. 38 39 Section 2. That the City Manager is hereby authorized to make or cause to be made 40 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 41 offer to the owners or persons having an interest in said Property. If refused, the City 42 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 43 condemn said Property. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the (9 LAI day of 46 2024. CA 16254 PREPARED: 12/5/23 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY P BLIC WOR S REAL ESTATE CITY ATTORNEY IIII : n�-i�i is �, •''r�a ' y<J � `- ��. `��`•• �:i'� � • •" ire;««..�w ►. r�l ir111 t�l trl �� � s � • FA �w��r• • ' ♦ � � H3U ,� . s +J ^♦ `'' . • • • !♦ ! i♦�.�� Kati ♦! h%,d s• • '>. �'�'a`•. ;`,� Ia'S 'r/11r1•��%lire a�r✓�.i�c .'t �.'����� ,:•�;a•::var' 1 ���V tat! f:L�=��� • iiA i�'►� t, •�*�otr�� ��IJ1N11� ` •19 t,`,•st}•` •�► '%"�''fl, ��► �"+y j�'�' �`o 4t� j;f1ll i�j�'l ='s=i s3%'s%e •� •u a'tp�►!y� t•t�: �i'��/1 �f>\� *�� 1���•� C."7�:i;'� :�i.'2ir��•y+� � �aa P` • !4 .t t V� yi►�,tig� Y'w� iir. �J1+ •••r'�ryl� T NI��A4',•�'i:ia�..i •.��s �'�s1 E«-♦�a �r 'yA•� f1 �.i�in "�Cs�t.$ --'ri'... s r a.: as �:a •.r..• •.a r.•y! :>t•+ ' .`� �s�1i".r�••i� t��A�� ihr� ��lT�ra t/' a.: ..•rr ... mpg r`r��at, >>T �++N••! � �t�l•''` ter.. a.a.l �.• �� /I% �+�•,rr•a� ai �'%re'1•it$ �^7�„��s� �� /%'���v�, �.. +�• e4�"+„� !• ti, a•pgt��•r,ram►:• .`,M. s�f�� `+cam 1t '��+'a•j' �rl{�y�."•�".t r C��^+ •+'rr�J t " � �s✓q T} � T.r • • j. • a-�!+ �■�•.' �ar,•li•i:'t7. a;:►' di�,�� ♦9C�, ,��`• I���J �"'r`�'fa1 ����alt]�Vera•+• r'�(�� Fi• '� ♦ `.+�. . It '�`'�'„ G• t ♦7 , r ta�PJ.AlIJ T� 11• /r `si L• •�,a�� �N` lj,�/.rt�.►\t1�tj�• .a1" t.•'� �� • �J� `,.w.�f ■ C •'�r {'S;.�m �tiar,����•••A', a.a•• `r t �rl ••.i� ri,f' �''..y io�a ifr::.4.,;�.�n 1• �a•pi A� ♦ IT/ '�� •�.7 f.••i�` thti • tG`i'�7 .., a'* :`♦a Ir�jjyy�� t 7rr.� i^� r • + . ,• Gi jj l� tS, 7,7.\1�.Q�►I+' SI h� } "•; L1�y l %Al ti�'jJ'..•�v • - C qr!�^a��� 'r►;.'���1`1;� 1r '{try �*�. .�ii•'s''." � ti'>f�``� • r�r an GT a'..'%�" vi i ':G* yyE•.r;^ .,z•� i �•� .'_ • rrh ,C•�K, � llrl a� r 7 �' � �fi;ry! .•°1^�• � C�11 .�:� a i9 �{� ♦'w j� `aT tip ' f- �►n►,rl r! �i•aN{ �y, P t✓M kl� 1 ��.. td�+�. `'�SaT`at <ir'7 ir, .',a'u �� r ^.0 �� tat •� ..+�' r"1� f v � y.`aO/ �� {r "� fr,•i� r���♦ � lal":(+S Vl��� �y� I�a• r p� A!�© •�w,i���`Y1 Iia�`}r jfl �T�d[hG�`a �/•J q•td Tt�t •~fll �� yf i�'�i4i ���••.•�ti r�}��t� yiN� v- ul t• �� L'G�;ra t�.tat tMlt� SIa �� 1.t1 � �- /a}.g•s�.ti�a G—•�l� l�.t•w �n r��n7�iI la.•A..:r u:A [2�r.t vita.. l4�_� t+1��i��I rG;w1►'�.!i�U111t4 rLn:.�cd li7t,� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263, and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: On November 19, 2024, Council adopted Ordinance 3789Q (the "2024 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 (the "Phase 2 Wetlands Project"). The purpose of the Lynnhaven River Basin Ecosystem Restoration Project (the "LRBER Project") is to help meet the restoration goals of the 2014 Chesapeake Bay Watershed Agreement, signed by the Chesapeake Executive Council, made up of the governors of Virginia and the 5 other watershed states, the Mayor of the District of Columbia and others. These restoration goals include the improvement of water quality, sustainable fisheries, healthy watersheds, and climate resiliency. All phases of the LRBER Project will restore approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River and its tributaries. The LRBER Project is a United States Army Corps of Engineers ("USACE") project, with the City of Virginia Beach serving as the non-federal sponsor. The City is a cost-participant (35%) and is responsible for acquisition of all real estate interests needed to complete the LRBER Project, pursuant to a Project Partnership Agreement entered into with USACE in 2018. The Phase 2 Wetlands Project will restore 12.4 acres of tidal wetlands in Mill Dam Creek (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard, just west of Birdneck Road. Phase 1 of the LRBER Project's wetlands restoration was completed in Thalia Creek adjacent to Princess Anne High School in Virginia Beach in 2022. The Phase 2 Wetlands Project will focus primarily on the restoration of tidal wetlands through the removal of invasive plant species (particularly Phragmites), which will bring back quality wetlands that will help to clean and store stormwater runoff before entering the waterway. Invasive plants prevent the proper functioning of the marsh. When properly functioning, these wetlands filter pollutants, stabilize the banks, absorb stormwater and become an important buffer between the water and shore. Improved water quality and improved resiliency in the watershed are just some of the benefits of wetlands restoration. The Phase 2 Wetlands Project will improve the environmental health of the Lynnhaven River and the overall water quality for all users of the waterway. Since the 2024 Ordinance was adopted, USACE has made three design changes to the Phase 2 Wetlands Project to include: (1) the addition of accreted land outside of the platted property boundaries, which was not included some of on the acquisition plats, (2) the easements the City planned to acquire would render one parcel as an uneconomic remnant, which parcel is now included as a total acquisition in fee simple at the request of the property owner, and (3)two privately owned parcels were removed from the project. The plats and plans for the Phase 2 Wetlands Project have been amended to reflect these revisions. ■ Considerations: The Phase 2 Wetlands Project will require property and easements from 7 privately owned parcels. Of these, one has not been acquired. No residences or businesses will be displaced by the project. Authority is requested to acquire the necessary property and easements by agreement or condemnation. ■ Public Information: An advertised public hearing will be held on March 3, 2026, and public notice will be provided via the normal Council agenda process. A previous hearing on the Project was held on November 12, 2024, prior to the adoption of the 2024 Ordinance. ■ Alternatives: Deny the Ordinance, which will delay the Phase 2 Wetlands Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Ordinance 3789Q, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 4-0 I AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE LYNNHAVEN RIVER BASIN 4 ECOSYSTEM RESTORATION PROJECT 5 PHASE 2: WETLAND CONSTRUCTION, CIP 6 100263, AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT 8 EASEMENTS, EITHER BY AGREEMENT OR 9 CONDEMNATION, REFLECTING AREAS 10 CHANGED SINCE PREVIOUS AUTHORITY 11 WAS GRANTED 12 13 WHEREAS, the Lynnhaven River Basin Ecosystem Restoration Project is a multi- 14 phase project that will restore approximately 38 acres of tidal wetlands, 94 acres of 15 submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River(the 16 "LRBER Project"),, 17 18 WHEREAS, the LRBER Project's second phase of wetlands restoration (the"Phase 19 2 Wetlands Project") will restore approximately 12.4 acres of wetlands in Mill Dam Creek 20 (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard, just 21 west of Birdneck Road; 22 23 WHEREAS, on November 19, 2024, City Council adopted Ordinance 3789Q 24 approving the major design features and authorizing the acquisition of temporary and 25 permanent easements by agreement or condemnation for the Phase 2 Wetlands Project; 26 27 WHEREAS, the Phase 2 Wetlands Project will focus primarily on the removal of 28 invasive plant species, particularly Phragmites (also known as Phragmites Australis), which 29 prevent the proper functioning of the marsh by reducing wetland storage capacity, 30 weakening banks, inhibiting the flow of water and eliminating tidal flushing; 31 32 WHEREAS, properly functioning wetlands are natural protective features that filter 33 pollutants from stormwater runoff, stabilize the banks to prevent erosion, absorb and hold 34 up to 1.5 million gallons of water per acre during storm events, act as a carbon sponge to 35 reduce CO2, and become an important buffer between the water and shore,. 36 37 WHEREAS, improved water quality and improved resiliency in the watershed are 38 just some of the benefits of wetlands restoration, and the Phase 2 Wetlands Project will 39 enhance the environmental health of the Lynnhaven River, provide improvements in the 40 City's drainage and flood protection systems, as well as improve the overall water quality 41 for all beneficial users of the area's water supply, including recreation, tourism, aquaculture, 42 industrial, commercial and recreation fishing, among all the many uses that are enhanced 43 by cleaner water in the Lynnhaven River; 44 45 WHEREAS, the United States Army Corps of Engineers is constructing all phases of 46 the LRBER Project, with the City of Virginia Beach cost-participating (35%) and serving as 47 the non-federal sponsor, pursuant to their Project Partnership Agreement entered into 48 September 21, 2018 (the "Partnership Agreement"); 49 50 WHEREAS, the Partnership Agreement requires the City to acquire all property and 51 easements necessary for the LRBER Project, including the Phase 2 Wetlands Project; 52 53 WHEREAS, the construction of the LRBER Project is authorized by(1) Section 7002 54 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121), which 55 followed the study entitled: "Final Feasibility Report and Integrated Environmental 56 Assessment Main Report Lynnhaven River Basin Ecosystem Restoration Virginia Beach 57 Virginia," dated July 2013 and modified February 2014, which was authorized by Congress; 58 and (2) Executive Order 13508 of May 12, 2009, entitled Chesapeake Bay Protection and 59 Restoration, both of which are incorporated herein by this reference; 60 61 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 62 public necessity exists for the construction of this important Phase 2 Wetlands Project to 63 restore wetlands for improved water quality, environmental benefits, climate resiliency, 64 shore protection, drainage system benefits, and flood mitigation to improve public health 65 and safety within the City and for other related public purposes for the preservation of the 66 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 67 in the City of Virginia Beach; 68 69 WHEREAS, due to Project design changes, it is necessary to amend the City 70 Council's authorization to acquire property in fee simple and temporary and permanent 71 easements either by agreement or condemnation to reflect the updates to the plats and 72 plans since Ordinance 3789Q was adopted; and 73 74 WHEREAS, except for the elimination of two parcels, the major design features of 75 the Project previously approved have not changed. 76 77 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 78 VIRGINIA BEACH, VIRGINIA: 79 80 Section 1. That the City Council authorizes the acquisition by purchase or 81 condemnation pursuant to Section 15.2-1901, et seq., Section 1-219.1, and Title 25.1 of the 82 Code of Virginia of 1950, as amended, of all that certain property in fee simple, including 83 temporary and permanent easements and entire tracts if the remaining lands would be an 84 uneconomic remnant, in accordance with the requirements of State law(the"Property"), as 85 shown on the Phase 2 Wetlands Project plans entitled "VIRGINIA BEACH, VA 86 LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT PHASE 2: 87 WETLAND CONSTRUCTION,"and more specifically described on the acquisition plats for 88 the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file 89 in the Stormwater Engineering Division, Department of Public Works, City of Virginia 90 Beach, Virginia. 91 92 Section 2. That the City Manager is hereby authorized to make or cause to be made 93 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 94 offer to the owners or persons having an interest in said Property. If refused, if the property 95 owners are unable to convey clear title, or if the owners cannot be identified or located, the 96 City Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings 97 to condemn to acquire title to the Property. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 100 , 2026. CA16745 PREPARED: 1/09/26 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM S �LIIBLIC W K - REAL ESTATE CITY ATTORNEY- I AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT PHASE 2: 6 WETLAND CONSTRUCTION, CIP 100263, 7 EITHER BY AGREEMENT OR s CONDEMNATION 9 10 WHEREAS, the Lynnhaven River Basin Ecosystem Restoration Project is a multi- 11 phase project that will restore approximately 38 acres of tidal wetlands, 94 acres of 12 submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River(the 13 "LRBER Project"); 14 15 WHEREAS, the LRBER Project's second phase of wetlands restoration (the"Phase 16 2 Wetlands Project") will restore approximately 21.8 acres of wetlands in Mill Dam Creek 17 (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard, just 18 west of Birdneck Road; 19 20 WHEREAS, the Phase 2 Wetlands Project will focus primarily on the removal of 21 invasive plant species, particularly Phragmites(also known as Phragmites Australis),which 22 prevent the proper functioning of the marsh by reducing wetland storage capacity, 23 weakening banks, inhibiting the flow of water and eliminating tidal flushing; 24 25 WHEREAS, properly functioning wetlands are natural protective features that filter 26 pollutants from stormwater runoff, stabilize the banks to prevent erosion, absorb and hold 27 up to 1.5 million gallons of water per acre during storm events, act as a carbon sponge to 26 reduce CO2, and become an important buffer between the water and shore; 29 30 WHEREAS, improved water quality and improved resiliency in the watershed are 31 just some of the benefits of wetlands restoration, and the Phase 2 Wetlands Project will 32 enhance the environmental health of the Lynnhaven River, provide improvements in the 33 City's drainage and flood protection systems, as well as improve the overall water quality 34 for all beneficial users of the area's water supply, including recreation,tourism,aquaculture, 35 industrial, commercial and recreation fishing, among all the many uses that are enhanced 36 by cleaner water in the Lynnhaven River; 37 38 WHEREAS, the United States Army Corps of Engineers is constructing all phases of 39 the LRBER Project, with the City of Virginia Beach cost-participating (35%)and serving as 40 the non-federal sponsor, pursuant to their Project Partnership Agreement entered into 41 September 21, 2018 (the "Partnership Agreement"); 42 43 WHEREAS, the Partnership Agreement requires the City to acquire all property and 44 easements necessary for the LRBER Project, including the Phase 2 Wetlands Project; 45 46 WHEREAS, the construction of the LRBER Project is authorized by(1) Section 7002 47 of the Water Resources Reform and Development Act of 2014(Public Law 113-121),which 48 followed the study entitled: "Final Feasibility Report and Integrated Environmental 49 Assessment Main Report Lynnhaven River Basin Ecosystem Restoration Virginia Beach 50 Virginia,"dated July 2013 and modified February 2014, which was authorized by Congress; 51 and (2) Executive Order 13508 of May 12, 2009, entitled Chesapeake Bay Protection and 52 Restoration, both of which are incorporated herein by this reference; and 53 54 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 55 public necessity exists for the construction of this important Phase 2 Wetlands Project to 56 restore wetlands for improved water quality, environmental benefits, climate resiliency, 57 shore protection, drainage system benefits, and flood mitigation to improve public health 58 and safety within the City and for other related public purposes for the preservation of the 59 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 60 in the City of Virginia Beach. 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 63 VIRGINIA BEACH, VIRGINIA: 64 65 Section 1 . That the City Council authorizes the acquisition by purchase or 66 condemnation pursuant to Sections 15.2-1901, et seq., 15.2-2109, and Title 25.1 of the 67 Code of Virginia of 1950, as amended, of all those certain temporary and permanent 68 easements (the "Property"), as shown on the Phase 2 Wetlands Project plans entitled 69 "VIRGINIA BEACH, VA LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION 70 PROJECT PHASE 2: WETLAND CONSTRUCTION," and more specifically described on 71 the acquisition plats for the Project (plats and plans collectively referred to as the"Plans"), 72 the Plans being on file in the Stormwater Engineering Division, Department of Public 73 Works, City of Virginia Beach, Virginia. 74 75 Section 2. That the City Manager is hereby authorized to make or cause to be made 76 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 77 offer to the owners or persons having an interest in said Property. If refused, if the property 78 owners are unable to convey clear title, or if the owners cannot be identified or located,the 79 City Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings 80 to condemn to acquire title to the Property. 81 82 Adopted by the Council of the City of Virginia Beach, Virginia, on the_ day of 83 t��c>✓mb� t� , 2024. CA16579 PREPARED: 10/4/24 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d001\p046\00996305.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM c B IC WO — REAL ESTATE CITY ATTO NEY �..D TRgCE�N OL VIRG 264 INIA BEACN,Q� PIP�"�"!" _ - !:p�,� jb M J irl ui ttt 7 4 r } s.. n I ''- q ,. W-WERICUS qVE W �N ;�. A ' ARLYNN ui 2cow �4 rn (� Z r'd�, CARVER�AVE Gomm Mt. H 6L . �I N LOCATION MAP Legend o ,+ FOR LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT PHASE 2 WETLAND CONSTRUCTION City Property CIP 100263 VAIN 0 300 600 Project Area t I I Feet OC RACELN � 264 EAN T �( Z RS CRES _2647RN 264c21 S�"n a ,BE�'CH N0RFOL°KSITE } AMERICUS• GO U (� Q qVE RDON Lt C3 p tom-r WALK CD W v ID � � J Q W CU Q Qlm C�7 D SrQ_CAR1/ER AVE� Q �QOP 00 ° t Q O 0� � 1 0% a a Q V/RG/N/q BEACH `�d� {�c�o ad a t_1 z $�VD o W� LOCATION MAP Legend J FOR LYNNHAVEN RIVER BASIN Q ECOSYSTEM RESTORATION PROJECT PHASE 2 WETLAND CONSTRUCTION City Property 0123 CIP 100263 0 300 600 Project Area °L� I I I Feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-202 to the City Code to Prohibit Through Trucks on Regent University Drive and to Require Signage of Such Prohibition on Regent University Drive MEETING DATE: March 17, 2026 ■ Background: Virginia Code § 46.2-1304 authorizes the City Council to prohibit by ordinance the use of through trucks on certain designated streets, whenever in their judgment conditions so require. In response to citizen concerns over through truck traffic, the City Council directed staff to bring forward such an ordinance for Regent University Drive. This ordinance will enable Public Works and Traffic Engineering to erect signs prohibiting through trucks on Regent University Drive, between Indian River Road and Jake Sears Road. ■ Considerations: This ordinance does not apply to trucks that are traveling Regent University Drive for the purpose of receiving loads from, or making deliveries to, a location on Regent University Drive or a cross-street. The prohibition will apply only to trucks traveling between Indian River Road and Jack Sears Road without a valid destination on Regent University Drive or a cross-street before Jake Sears Road. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:/1711-D I AN ORDINANCE TO AMEND SECTION 21-202 2 TO THE CITY CODE TO PROHIBIT THROUGH 3 TRUCKS ON REGENT UNIVERSITY DRIVE 4 AND TO REQUIRE SIGNAGE OF SUCH 5 PROHIBITION ON REGENT UNIVERSITY 6 DRIVE 7 8 SECTION AMENDED: § 21-202 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 1. That Section 21-202 is hereby amended to the Code of the City of Virginia Beach, 15 Virginia, to read as follows: 16 17 Sec. 21-202. No through trucks permitted on certain roadways. Twin4VW s 18 R-ead: 19 Through Trucks are prohibited on the following roadways T d, except for 20 the purpose of receiving loads or making deliveries:.. 21 Twin Mills Road 22 Regent University Drive 23 24 2. The City Manager is hereby directed to have appropriate signage placed on 25 Regent University Drive providing the prohibition upon through trucks. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Y( j Public Works City At orney's Office CA17108 R-2 March 5, 2026 pus V9 �> �i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Engagement of an Independent Certified Public Accountant Firm to Audit of the City's Financial Records MEETING DATE: March 17, 2026 ■ Background: The City Code requires the City Auditor to coordinate and manage the audit contract of the City's Annual Comprehensive Financial Report (ACFR) and related federal grants. Section 8.06 of the City Charter requires an annual independent audit with the firm selected by the City Council. A financial audit selection committee, comprised of City and School representatives, was appointed by the City Auditor. The purpose of the committee was to recommend to the City Council and the School Board an accounting firm to conduct an independent audit of the City's and School's financial statements for fiscal year 2026 and up to four years thereafter. ■ Considerations: The financial audit selection committee prepared and Purchasing distributed a Request for Proposals (RFP) to the largest international, national, and regional accounting firms. As a result of the process, the committee recommends award of the contract to Cherry Bekaert, LLP (CB). The RFP selection committee conducted negotiations with CB, which resulted in the following audit costs for the fiscal year ending June 30, 2026: City and related entities total: $255,000: City: $210,0001 City of Virginia Beach Development Authority: $28,000 Atlantic Park Community Development Authority: $17,000 The RFP allows Schools to enter into a separate contract with CB using the pricing negotiated by the selection committee. The Schools' contract would be $70,000. The proposed contract is for two years, and there is a mutual option that may be exercised by the parties for up to three annual renewals. The contract includes an escalation clause that is pegged to the CPI for All Urban Consumers (CPI-U) and not to exceed five percent. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Office of the City Auditor City Manager: 1 AN ORDINANCE AUTHORIZING THE 2 ENGAGEMENT OF AN INDEPENDENT CERTIFIED 3 PUBLIC ACCOUNTANT FIRM TO AUDIT THE CITY'S 4 FINANCIAL RECORDS 5 6 WHEREAS, the City Charter requires an independent audit of the City's finances 7 at the end of each fiscal year; 8 9 WHEREAS, a financial audit selection committee prepared and Purchasing 10 distributed a Request for Proposals ("RFP") for an independent audit of the City's financial 11 statements, including the City of Virginia Beach Development Authority and the Atlantic 12 Park Community Development Authority; 13 14 WHEREAS, the Virginia Beach City Public Schools (VBCPS) participated in the 15 RFP process and will separately contract with the preferred firm; 16 17 WHEREAS, after evaluating the proposals, the selection committee has 18 recommended Cherry Bekaert, LLP, to perform the independent audit; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. The City Manager is hereby authorized to enter into a contract with Cherry 24 Bekaert, LLP, in a form acceptable to the City Attorney, for the performance of an 25 independent annual audit of the financial statements of the City of Virginia Beach, the City 26 of Virginia Beach Development Authority (VBDA), and the Atlantic Park Community 27 Development Authority (APCDA) for FY 2026 at an estimated cost of $255,000 in total 28 with the respective portions being City ($210,000), VBDA ($28,000), and APCDA 29 ($17,000). 30 31 2. The City Manager is hereby authorized to renew the contract, subject to the 32 availability of appropriated funds, for additional years thereafter, not to exceed a total 33 contract duration of five years. Adopted by the Council of the City of Virginia Beach on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: S. City Auditor's Office `—�ayvyo y's Office CA17112 R-2 March 11, 2026 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: Cherry Bekaert ------------------ 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) 0 Accounting and/or preparer of Plante Moran your tax return Financial Services (include 0 lending/banking institutions and Fifth Third Bank current mortgage holders as applicable) Kirkland and Ellis © 7 Legal Services Robinson Bradshaw 0 Broker/Contractor/Engineer/Other Mercer (Health benefits broker) 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. r� Anne Marie Lewis 3/1 11202 APPLICANT'S SIGNATURE PRINT NAME DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $6,000,000 from the Unrestricted Fund Balance of the Risk Management Internal Service Fund MEETING DATE: March 17, 2026 ■ Background: The Finance Department, Risk Management Division, requests that City Council approve the appropriation of $6,000,000 in unrestricted fund balance from the Risk Management Internal Service Fund to cover potential FY 2025-2026 Operating Budget expenditures and settlements. The following expenditures exceed FY 2025-26 estimated amounts in the Risk Management Internal Service Fund: • unforeseen professional services; • higher than anticipated claim reserves; • ongoing litigation and mitigation expenses; • emergency equipment failure repair costs; and • medical screening fees and related expenses An appropriation of fund balance is requested to ensure sufficient available funds remain for future expenditures. Any unexpended appropriations at the end of the fiscal year will return to the fund balance of this internal service fund. In addition, some of the claims will be reimbursed through insurance proceeds, but these may occur in the following fiscal year. ■ Considerations: The Risk Management Division serves as the City of Virginia Beach's internal insurance provider, overseeing insurance procurement, Worker's Compensation, and General and Auto Liability programs. Unforeseen incidents and external factors place limitations on the ability to fully predict annual expenditures, which is why the fund maintains a healthy fund balance. The net position of the fund, as of June 30, 2025 was $11.6 million. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Finance Department City Manager: / 79 1 AN ORDINANCE TO APPROPRIATE $6,000,000 FROM 2 UNRESTRICTED FUND BALANCE OF THE RISK 3 MANAGEMENT INTERNAL SERVICE FUND 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $6,000,000 is hereby appropriated, with revenue increased accordingly, from 9 the unrestricted fund balance of the Risk Management Internal Service Fund to the FY 10 2025-26 Operating Budget of the Risk Management Internal Service Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i�� d�J�t (_ I Budget and anagement Services ity Attorney's Office CA17111 R-1 March 4, 2026 N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance to Capital Project #100639, "Cape Henry Lighthouse Restoration," to Authorize the City Manager to Execute an Amendment to the Cost Share Agreement with the Association for the Preservation of Virginia Antiquities for the Cape Henry Lighthouse Project, and to Authorize Acceptance of a Promissory Note MEETING DATE: March 17, 2026 ■ Background: In 2022, the City and the Virginia Department of Transportation (VDOT) executed an agreement for the City to administer a project for the restoration of the Cape Henry Lighthouse. At that time, the project was awarded a Transportation Alternatives Program grant in the amount of $1 ,534,495. This grant required a 20% local match of $383,624, which was provided by the owner of the Cape Henry Lighthouse, the Association for the Preservation of Virginia Antiquities, doing business as Preservation Virginia. No local funds were required for the project; however, the City is administering the project agreement in coordination with VDOT. The TAP grant includes a requirement to begin construction by September 30, 2026. The City has completed 100% design, and the updated total cost is $2,436,290. This price creates a funding requirement of$518,171 before the City can issue a construction contract. Preservation Virginia has agreed to cover the funding gap, and it requests an amendment to its agreement with the City to modify the payment terms and extend the agreement. ■ Considerations: This action is necessary to close the funding gap and allow the City to issue a construction contract. The City proposes to appropriate fund balance immediately and allow the local share to be repaid over the fifteen-year term of the agreement with Preservation Virginia. In addition to amending the agreement, the Preservation Virginia will provide the City with a promissory note for the duration of the payback period. This appropriation will not materially change the City's current undesignated fund balance percentage. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Location Map, CIP Detail Sheet, Summary of Terms; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager:* ? 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE TO 2 CAPITAL PROJECT #100639, "CAPE HENRY 3 LIGHTHOUSE RESTORATION," TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AN AMENDMENT TO THE COST 5 SHARE AGREEMENT WITH THE ASSOCIATION FOR THE 6 PRESERVATION OF VIRGINIA ANTIQUITIES FOR THE 7 CAPE HENRY LIGHTHOUSE PROJECT, AND TO 8 AUTHORIZE ACCEPTANCE OF A PROMISSORY NOTE 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1) $518,171 is hereby appropriated from the fund balance of the General Fund, 14 with revenue increased accordingly, to Capital Project #100639, "Cape Henry 15 Lighthouse Restoration." Such amounts are to be repaid over the next 15 years 16 pursuant to an agreement between the City and the Association for the 17 Preservation of Virginia Antiquities. 18 19 2) The City Manager or his designee is hereby authorized to execute an updated 20 agreement between the City and the Association for the Preservation of Virginia 21 Antiquities for renovations to the Cape Henry Lighthouse in accordance with 22 the Summary of Terms, attached hereto, in a form deemed satisfactory by the 23 City Attorney. 24 25 3) The City Manager or his designee is hereby authorized to accept a promissory 26 note from the Association for the Preservation of Virginia Antiquities for the 27 payment obligations set forth in the updated agreement. Such note shall be in 28 a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services C4-AftriieVs Office CA17103 R-2 March 5, 2026 N SITE� W E S rx p n �G CAPE HENRY LIGHTHOUSE rt ViR IN n t 'G boo �� � o 47 O t O 441. .� Cp STARTILLER a c 0 ' t ' i O � U-0\A S�, w� LOCATION MAP CAPE HENRY LIGHTHOUSE Feet 0 500 1,000 2,000 Prepared by P.W./Enq./Enq.Support Services Bureau 08/17/21 X: CADD\Proiects\ARC Files\TAPAoolications\Cane Henry Liahthouse.mxd City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100639 Title:Cape Henry Lighthouse Restoration Status:Approved Category:Economic&Tourism Development Department:PLANNING 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 1,918,119 1,918,119 0 0 0 0 0 0 0 Description and Scope This project will provide necessary restoration and preservation work for the 1792 Cape Henry Lighthouse.This project continues the restoration/preservation work completed In 2019 to stabilize the top of the dune and the lighthouse base.The scope of work includes:repair of the Aquia sandstone door and window lintels and surrounds that are damaged due to wind exposure and water infiltration;repair of cracks in Rappahannock stone that is the primary material for the walls;general masonry repointing of approximately 50'of the tower to fill areas in each side of the octagonal tower that exhibit mortar deterioration and loss; repair/replacement of the glass and glazing In the lantern cover;modification of the system for ventilation of the lantern cover;and removal of a 20th-century stucco band on the tower immediately below the lantern cover and repair of masonry beneath it.The stucco band will not be reinstalled. Purpose T e Cape Henry Lighthouse is a National Historic Lan mar tat is a significant heritage tourism attraction In the Hampton Roads region.Ina ition to its history as the first funded public works project by the United States government,views from the lantern deck of Cape Henry,Cape Charles,the Chesapeake Bay,the Atlantic Ocean,active shipping vessels,the Chesapeake Bay Bridge Tunnel and the City of Virginia Beach are unparalleled.The purpose of this project is to undertake and complete necessary repairs to the various exterior elements of the structure to ensure its long-term preservation and viability as an educational site and tourism attraction.One element of the project will be to improve ventilation at the lantern deck and mitigate the often high temperatures that require temporary closing of the tower.The Cape Henry Lighthouse is the most visited historic site In Virginia Beach and completion of this project will enhance tourism interest and ensure the physical viability of the structure.The lighthouse has been owned by the Association for the Preservation of Virginia Antiquities(now doing business as Preservation Virginia)since 1930. History and Current Status This project is a continuation of 9-276 Cape Henry Lighthouse Restoration Phase II,which first appeared in the FY 2012-13 CIP.In April 2022,the City was awarded$1,534,495 Federal Transportation Alternatives set-Aside funding for this project.The remaining match for the project is funded through private contributions from Preservation Virginia.As part of the NEPA process,the SO%design and detailed description of the project was submitted to the Virginia Department of Historic Resources(DHR)for review in August 2024.A preliminary determination of no adverse effects was received from DHR in September 2024.Completion of the NEPA document is underway. Preparation of 100%design is underway.The preliminary cost estimate at SO%exceeds programmed funding by$171,631.Excess funding needs are the responsibility of the property owner-Preservation Virginia. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/22-01/26 331,743 Construction 05/25-06/26 1,586,376 �T�gNl'C Total Budgetary Cost Estimate: 1,918,119 Means of Financing 4�F Funding Subclass Amount Private Contribution 383,624 Local Funding 0 oM,M,Oenc Federal Contribution 1,534,495 3 V MraExpedhiomy C,^�"CAR, Total Funding: 1,918,119 Base-Fort Story 0100639 °o °o C7 �A 9` ° p0 y'NO`NG A H r FY 2025-26 TO FY 2030-31 353 CAPITAL IMPROVEMENT PROGRAM Summary of Terms Amendment to Cost Share Agreement Between The City of Virginia Beach and The Association for the Preservation of Virginia Antiquities for Renovations to the Cape Henry Lighthouse Changes to the Agreement: 1. Increases Preservation Virginia's total contribution to the Cape Henry Lighthouse restoration project from $383,624 to$901,795 (increase of$518,171). 2. Establishes new payment schedule with Preservation Virginia paying the City$30,671 by 7/10/26 and$50,000 by 7/10 each year from 2027 through 2041. 3. Extends termination date of agreement from October 9,2032 to December 31,2041. 4. Adds new exhibit showing updated scope of restoration project. Preservation Virginia Vendor Contact List March 11,2026 Vendor Bill from Main Phone Vendor Type Keifer Keifer 4401 Dominion Blvd Glen Allen,VA 23060 747-0000 Accounting Services Richard Morris Architecture Richard Moms Architecture 10 Ninth Street Lynchburg,Va 24504 Architect Stemann Peace Architecture Slemann Peace Architecture 209 N.Boundary Street Williamsburg,VA 23185 Architect Vanessa Hangen Brustlin,Inc. Vanasse Hangen Brustlin,Inc.P.O.Box 845179 Boston,MA 02284-5179 757-220-0500 Architect Towne Bank Towne Bank Banking Relatioinship Twist Bank Twist Bank Banking Relatioinship Bay Restoration Bay Restoration P.O.Box 143 Lively,VA 22507 804-435-1055 Contractor Black Creek Workshop LLC Black Creek Workshop LLC 263 Industrial Blvd.Suite B Toano,VA 23168 757-876-7256 Contractor Daniel&Company Inc Daniel&Company Inc P.O.Box 6749 Richmond,VA 23230 Contractor Dominion Traditional Building Group LLC Dominion Traditional Building Group 6634 Wilson Road Marshall,VA 20115 Contractor Mallory Electrical Contractors,LLC Mallory Electrical Contractors,LLC 7131 Aquarius Dr Mechanicsville,VA 23111 804-746-4350 Contractor Mesick Cohen Wilson Baker Architects LLP Mesick Cohen Wilson Baker Architects LLP 388 Broadway Suite 3 Albany,NY 12207 518-433-9394 Contractor Urban Development Corp Urban Development Corp 4106 Rockbndge Place Chester,VA 23831 804-586-1361 Contractor Davenport&Company LLC Davenport&Company LLC Financial Services Maury,Donnelly&Parr,Inc. Maury,Donnelly&Parr,Inc.24 Commerce Street Baltimore,MD 21202 410-685-4625 Insurance Services Hirschler Hirschler P O Box 500 Richmond,VA 23218 804-771-5676 Legal Services Leclair Ryan Leclair Ryan P.O.Box 2499 Richmond,Va 23218 804.783-2003 Legal Services Williams Mullen Williams Mullen P O Box 800 Richmond,VA 23218-0800 Legal Services Page f of 1 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: 1'?Y~C S1'�y_+rc i 4� ,cj�r�Ila 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 NO SERVICE PROVIDER (use additional sheets S if needed) D Accounting and/or preparer of /. your tax return Ll� r Financial Services (include I- lending/banking institutions `7fftiSY l�ti�lK. and current mortgage holders as CSC ilG applicable) F-1 legal Services [ , 'Ct'c.)di e=d Broker/Contractor/Engineer/Ot her Service Providers see. t;tf�`'Gl�c't� 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. /I-1 Lkk. Pwui-C-41 , IAPPLICANT4bGNATURE PRINT NKME DATE K. PLANNING 1. JULIA ELLEN KELLER REVOCABLE LIVING TRUST for a Street Closure re 15-foot-wide portion of an unimproved, unnamed alley adjacent to 622 Surfside Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 2. CAVALIER GOLF & YACHT CLUB for a Modification of Conditions to a Conditional Use Permit re outdoor recreation facility at 1052 Cardinal Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. SHAKILAH VERNER for a Conditional Change of Zoning from R-7.5 Residential to Conditional A- 18 Apartment District re develop a multi-family development and a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width and street frontage at 4916 Euclid Road DISTRICT 4 RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION -APPROVAL 4. ATLANTIC EAST BUILDERS, LLC / GREEN SHORE, LLC for a Conditional Change of Zoning from R-5R Residential Resort District to Conditional A-12 Apartment District re construct six (6) condominium units at 2221 Greenwell Road, Units C & B, 2223 Greenwell Road, and 2223 Greenwell Road, Unit B DISTRICT 9 RECOMMENDATION: APPROVAL 5. MTSF, INC. / SADLER MATERIALS CORP for a Conditional Use Permit re bulk storage yard at 207 Parker Lane DISTRICT 3 RECOMMENDATION: APPROVAL 6. OCEANA DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 464 Progress Lane DISTRICT 3 RECOMMENDATION: APPROVAL 7. C THE JEMS, LLC / RICHARD D. & JAMES P. GOLDSTEIN for a Conditional Use Permit re bulk storage yard at 1361 Virginia Beach Boulevard DISTRICT 6 (Deferred from February 17, 2026) RECOMMENDATION: APPROVAL 8. LONI BROWN for a Conditional Use Permit re family day-care home at 677 Baker Road DISTRICT 4 RECOMMENDATION: APPROVAL 9. COSMIC CURE/HLAS HOLDINGS LLC for a Conditional Use Permit re tattoo parlor at 3615 Virginia Beach Boulevard DISTRICT 8 RECOMMENDATION: APPROVAL 10. MATT NELSON / LINDA FOSTER ABSALOM REVOCABLE TRUST for a Conditional Use Permit re tattoo parlor at 2260 Seashore Shoppes SC DISTRICT 8 RECOMMENDATION: APPROVAL 11. VINH LE /TIMBERLAKE SHOPPING CENTER ASSOCIATION for a Conditional Use Permit re tattoo parlor at 4239 Holland Road, Suite 712 DISTRICT 10 RECOMMENDATION: APPROVAL 12. JUSTIN BROWN for a Conditional Use Permit re short term rental at 428 215t Street DISTRICT 6 RECOMMENDATION: APPROVAL 13. AARON HALL for a Conditional Use Permit re short term rental at 516 22nd Street, Unit 200 DISTRICT 6 RECOMMENDATION: APPROVAL 14. RAYAPU REDDY TUMMA AND JYOTHI SALIBINDLA for a Conditional Use Permit re short term rental at 413 21St Street DISTRICT 6 RECOMMENDATION: APPROVAL .. i i� f4 r NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,March 17,2026 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2n^Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through Iivestreaming on https://virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually 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 March 17,2026. 2. Download WebEx and view the meeting at: https VybM.webex.com/weblink,/re ic-ter/r6a4834al7995bb8d2f786acffc6ef W The following requests are scheduled to be heard: Julia Ellen Keller Revocable Living Trust Street Closure Adjacent Address:622 Surfslde Avenue GPINs:2426383711 City Council:District 5(Wilson) Cavalier Golf&Yacht Club(Applicant&Owner)Modification of Conditions Address:1052 Cardinal Road GPIN:2418246584 City Council:District 6(Remick) Shakilah Verner(Applicant&Owner)Conditional Rezoning(R-7.5 Residential to Conditional A-18 Apartment District)&Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:4916 Euclid Road GPIN:1477136034 City Council: District 4(Ross-Hammond) Atlantic East Builders,LLC Property Owner.Green Shore LLC Conditional Rezoning(R-5R Residential Resort District to Conditional A-12 Apartment District)Addresses: 2221 Greenwell Road, Units C&B, 2223 Greenwell Road,2223 Greenwell Road,Unit B GPINs:1479674686&1479673674 City Council:District 9 (Schulman) MTSF,Inc.Property Owner.Sadler Materials Corp Conditional Use Permft(Bulk Storage Yard)Address:207 Parker Lane GPIN:1497748394 CkyCouncil:District 3(Berlucchl) Oceana Development LLC(Applicant&Owner)Conditional Use Permit(Bulk Storage Yard)Address:464 Progress Lane GPIN:1497609856 City Council:District 3(Berlucchi) _ Loni Brown(Applicant&Owner)Conditional Use Permit(Family Day-Care Home)Address:677 Baker Road GPIN:1468211877 City Council:District 4(Ross-Hammond) C the JEMS LLC Property Owner:Richard D&James P Goldstein Conditional Use Permit(Bulk Storage Yard) Address:1361 Virginia Beach Boulevard GPIN:2417254844 City Council:District 6(Remick) Cosmic Cure Property Owner.HLAS Holdings LLC Conditional Use Permit(Tattoo Parlor)Address:3615 Virginia Beach Boulevard GPIN:1487644208 City Council:District 8(Cummings) Matt Nelson Property Owner.Linda Foster Absalom Revocable Trust Conditional Use Permit(Tattoo Parlor) Address:2260 Seashore Shoppes SC GPIN:1590302212 City Council:District 8(Cummings) Vinh Le Property Owner.Timberlake Shopping Center Association Conditional Use Permit(Tattoo Parlor) Address:4239 Holland Road,Suite 712 GPIN:1476868558 City Council:District 10(Rouse) Justin Brown(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:428 21st Street GPIN: 2427083129 City Council:District 6(Remick) Aaron Hall(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:516 22nd Street,Unit 200 GPIN:24179873260200 City Council:District 6(Remick) Rayapu ReddyTumma and Jyothi Sallbindla(Applicant&Owner)Conditional Use Permit(Short Term Rental) Address:413 21st Street GPIN:2427084308 City Council:District 6(Remick) Copies ofthe proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Departmentat 2403 Courthouse Drive,Municipal Center,Buildings,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc.For Information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TOO service. The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting Information. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-MARCH 3,2026&MARCH 10,2026-1 TIME EACH z v m --------------'' RI Q � N m m A a m f 4 u. fo Site Julia Ellen Keller Revocable Living Trust p zoning Adjacent to 622 Surfside Avenue W E �I Property Polygons s Feet 0 10 20 40 60 80 Man created by Plannina Department on 2/26/2026 : yea. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Julia Ellen Keller, Trustee Under the Julia Ellen Keller Revocable Living Trust Dated August 31, 2015, for the Closure of a 15' x 50' Portion of an Unimproved, Unnamed Alley Adjacent to 622 Surfside Avenue MEETING DATE: March 17, 2026 ■ Background: Julia Ellen Keller, Trustee Under the Julia Ellen Keller Revocable Living Trust Dated August 31, 2015 (the "Applicant"), requested the closure of the 15-foot-wide portion of the unimproved, unnamed alley (the "Right-of-Way") located adjacent to her property at 622 Surfside Avenue, for the purpose of incorporating the closed area into her adjoining property. ■ Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan Neighborhood. The viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There is no known opposition to this request. ■ Recommendation: On February 11, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0, to recommend approval of this request, with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. It has been determined that the purchase price to the City shall be $6,000, which is consistent with similar street closures in this area. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must Julia Ellen Keller Revocable Living Trust Page 2 of 2 be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 15-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within two years of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance Exhibit Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager 1 ORDINANCE APPROVING APPLICATION OF 2 JULIA ELLEN KELLER, TRUSTEE UNDER THE 3 JULIA ELLEN KELLER REVOCABLE LIVING 4 TRUST DATED AUGUST 31, 2015, FOR THE 5 CLOSURE OF A 15' X 50' PORTION OF AN 6 UNIMPROVED, UNNAMED ALLEY ADJACENT 7 TO 622 SURFSIDE AVENUE 8 9 WHEREAS, Julia Ellen Keller, Trustee Under the Julia Ellen Keller Revocable 10 Living Trust Dated August 31, 2015 (the "Applicant"), applied to the Council of the City 11 of Virginia Beach, Virginia, to have the hereinafter described portion of an unimproved, 12 unnamed right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before two (2) years from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION 1 22 23 That the hereinafter described portion of unimproved, unnamed right-of-way (the 24 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 25 met on or before two (2) years from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "INDICATES PORTION OF ALLEY TO BE 30 CLOSED (750 SQ. FT. OR 0.017 AC.)", and shown as the 31 hatched area on that certain street closure exhibit entitled: 32 "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO 33 LOT 5, BLOCK 18 CROATAN BEACH M.B. 24, PG 37 TO BE 34 CLOSED VIRGINIA BEACH, VIRGINIA, dated January 23, 35 2026, Scale 1" = 20', prepared by Hoggard-Eure Associates, 36 P.C., a copy of which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before two (2) years from City 41 Council's adoption of this ordinance: 42 43 No GPIN Assigned (City Right-of-Way) 44 Adjacent GPIN: 2426-38-3711 45 1 . The City Attorney's Office will make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 47 Beach shall be determined according to the "Policy Regarding Purchase of City's 48 Interest in Streets Pursuant to Street Closures," approved by City Council. It has been 49 determined that the purchase price to the City shall be $6,000, which is consistent with 50 similar street closures in this area. 51 52 2. The applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining lot. The resubdivision plat must be 54 submitted and approved for recordation prior to the final street closure approval. Said 55 plat shall include the dedication of a 15-foot public drainage easement over the closed 56 portion of the alley to the City of Virginia Beach, subject to the approval of the 57 Department of Public Works, and the City Attorney's Office, which easement shall 58 include a right of reasonable ingress and egress. 59 60 3. The applicant shall verify that no private utilities exist within the Right-of- 61 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 62 company, must be provided and shall be recorded after the final resubdivision plat is 63 recorded with the Clerk of Circuit Court. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above stated conditions within 730 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within two years of the City Council vote to close the Right-of-Way this approval shall be 69 considered null and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before March 17, 2028, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before March 17, 2028, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the underlying 80 fee, the City Manager or his designee is authorized to execute whatever documents, if 81 any, that may be requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH (as "Grantor") and JULIA ELLEN KELLER, TRUSTEE UNDER THE 88 JULIA ELLEN KELLER REVOCABLE LIVING TRUST DATED AUGUST 31, 2015 89 ("Grantee"). 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 91 of . 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r G« . R Planning Department City Attorne CA17021 \\vbgov.com\dfs 1\appl icafions\citylaw\cycom 32\wpdocs\d027\p047\00915715.doc R-1 March 5, 2026 Exhibit A V7RG�N/A S _N`Z3rAT 03H R IgNE NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY GLASSELL S.SCOTT.JR. PATRICK STEPHEN AGNEWAND RICHARD P.SCHROEDER AND INST.NO.202203002211 ELLEN MARGARET FOURNIER.HOCKING HELENE D.SCHROEDER AND BEING LOT 18-A,BLOCK 18 INST.NO.202103097132 INST.NO.202103096376 INST.NO,2020010600017810 BEING LOT 17,BLOCK 18 BEING LOT 16,BLOCK 18 GPIN: 24263847180000 M.B.24,PG.37 M.B.24,PG 37 GPIN: 24263847530000 GPIN: 24263846170000 S 12*22'33"E 50.00' 77/*�INSSTT6,4ENT#202503052972 5' A L L E Y 7.5' ALLEY LEY M.B.24, PG. 37 M.B.24, PG. 37 LEXISTING RAN LINE TO BE NOW OR FORMERLY VACATED UPON R!W CLOSURE NOW OR FORMERLY DANIEL P.BATCHELOR AND ASHLEY MARIE DONNINI AND DONNAC.BENNETT,TRUSTEES STEPHEN LLOYD DONNINI OF THE DANIEL R BATCHELOR NOW OR FORMERLY INST.NO.202403043948 DECLARATION OF TRUST, JULIA ELLEN KELLER,TRUSTEE BEING LOT 4,BLOCK 18 DATED NOVEMBER 5,2010 UNDER THE JULIA ELLEN KELLER M.B.24,PG.37 INST.NO.202403015465 REVOCABLE LIVING TRUST, GPIN: 24263836260000 BEING LOT 6,BLOCK 18 DATED AUGUST 31,2015, r M.B.24,PG.37 O ASAMENDED o GPIN: 24263837060000 c INST.NO,202103067016 0 w BEING LOT 5,BLOCK 18 NCD M.B.24.PG.37 rn z GPIN: 24263837110000 w L� Q o o W n .. Q n o o Z M z M Z 6 Q O nO LiJ v O Q' ^ ^ N U ^ Q m m M M z z v Q wJ 00 ct� 30D.00 750.00' Q U 50.00, N 12°22'33"W SURFSIDE AVENUE (50' R/W) M.B.24, PG. 37 LEGEND ��ITH INDICATES PORTION OF ALLEY TO BE CLOSED (750 SQ.FT.OR 0.017 AC.) EASTERN ONE HALF NOW OR FORMERLY JULIA ELLEN KELLER, J. S HEN WSON TRUSTEE UNDER THE JULIA ELLEN KELLER REVOCABLE LIVINGLk. No.002394 TRUST DATED AUGUST31,2015 AS AMENDED INSTRUMENT NO.202503052972 Dj 23-24, PLAT SHOWING PORTION OF 15'ALLEY ADJACENT TO LOT 5, BLOCK 18 SHEET 1 OF 1 CROATAN BEACH M.B.24, PG. 37 Hoggard-EureAssociates, P.C. TO BE CLOSED ENGINEERS-SURVEYORS-PLANNERS RS 901 PoriCenlre Parkway,Sute 5 VIRGINIA BEACH,VIRGINIA Portsmouth,Virgirra23704 7574M-9670 DATE: JANUARY 23,2026 SCALE: 1"=20' PROJECT N0.6770.00,25 Agenda Item 1 ' • • Revocable Living Trust Planning Commission Public • 2026 CouncilCity 1 (Wilson) V__B� Project Details Request Street Closure (15'x50' portion of an unnamed, unimproved 15'wide alley) Staff Recommendation Y Approval _ 7 '1AhR _ S Staff Planner Sf �A�6W«5 Aubrey A. Trebilcock ,��Ati -� Off'G~ a AdjacentAddress F i 622 Surfside Avenue FC Adjacent GPIN A'E 2426383711 Site Size 750 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Atlantic Ocean • Existing Land Use and Zoning District Unimproved right-of-way r Surrounding Land Uses and Zoning Districts Single-family dwelling/ R-10 Residential Scuth Single-family dwelling/R-10 Residential -ast • Single-family dwelling/ R-10 Residential West Surfside Avenue Single-family dwelling/R-10 Residential Julia Ellen Keller Revocable Living Trust Agenda Item 1 page 1 of 9 Background SummaryofProposal • The applicant is requesting to close a portion of the unimproved 15' wide right-of-way adjacent to 622 Surfside Avenue. The area proposed for closure equates to approximately 7S0 square feet. • The applicant has obtained a Quitclaim Deed from the owners of 617 Vanderbilt Avenue, which borders this section of the unimproved alley to the east. The deed conveyed all their right, title, and interest in the 1S' alley to the applicant. The entirety of the 15'wide alley to be closed would therefore be incorporated into 622 Surfside Avenue. Zoning History Map Key No. 1 Request .� STC(Street Closure) Approved `t 1 05/21/2019 R10 Y � M Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON:Nonconforming Use LUP:Land Use Plan CRZ Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation : Recommendation As required by City Code, a Viewers' Meeting was held on January 9, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. Several similar requests have been reviewed and approved by the City Council for the closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 will grant the City of Virginia Beach a minimum 15-foot-wide public drainage easement over the closed portion of the alley. Based on the Julia Ellen Keller Revocable living Trust Agenda Item 1 page 2 of 9 consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. ' Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the dosed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 1S-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court, 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. 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 J 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 identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility (1-60 to 1-63). Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, Julia Ellen Keller Revocable Living Trust Agenda Item 1 page 3 of 9 environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to surrounding uses. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February S, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virgiiiiabeacii.gov/city/-council on March 13, 2026. i jR { Julia Ellen Keller Revocable living Trust Agenda Item 1 page 4 of 9 ExhibitStreet Closure V!lTGIIVy s rp7- sOUTIt (F'TAMG � OIVE ."3 tiAn NONORFORNERLY NON ORFORIAFRLY N I'll ORFORMERLY GLASS SCOTT,JR PAT ATCHA SELL RDP SCHROEOERAND INST.NO.20220000221I ELLEN VARGARET FOURNIER•HOCK03 HELEN-D,SCHROEDER AND BEING LOT I6A BLOCK 19 INST NO 20210MO1132 INST NO 20210.M6376 INST M 202C OW5017M BEING LOT 11,BLOCK M BEING LOT 16.BLOCK IS GM.242OU71WO M 8 24.PG 37 U 8.24.PG 37 OPIN 242f.WI J)003 GPIN 24ti21640170;b0 3 12'22'33"E 60.00' _ 1*its _ 15'ALLEY 7.5'ALLEY N,4^ r D 24,PG 31 Al f3.?4.PC3 37 fL I-I MTIVG WHINE TO BE NKY,YORFORIJERLY VN.AIED UPON WNCLOSURE NOWORFOFWERLY DANIEL P.BATCHELOR ANO ASKEY ALARE DONNRMANND DONNAC BENNETT.TRUSTEES STEPHENLLOYDDONMM OF THE DANIEL P KNTCHELOR *1,10WOR FORMERLY INST NO.20240304ZO DECLARAT10N OF(RUST, !UUA ELLEN KELLER,TRUSTEE BEING LOT 4,BLOCK 0 DATED NOVEMBER S,2010 UNDER THE JUMFLLEN KELLER _ M B 24,PO 37 INST no.20240301W.5 3 REVOCABLE LIVING TRUST, -' GPIN, 24263a:F�60030 BEING LOTS,BLOCK 16 S DATEDAlK3U5T 31,2413, o Z _ M824,M37 ASAMENDED t C GP1N 24263637:80000 INST MO.2WI 7016 0 iu DENG LOT 5,BLOCK 1E v � r M 8.24,PG.37 r L0 7 GPIN 242MIT00003 j O C� W Q 7 r Z 6 J W n Q O a uJ v O Z €, 7_ €Q cc z J Q � � Oo �i�✓',' J,;Jp} 2 (J - 50,00' z N 12'22'33"W SURFSIDE AVENUE (50' RAIN) 1.1 13.24,M,37 LEGEN0 INDICATESPORTKINOFALLEY �� L TO 8£CLOSED O � (760SO,FT OR001TAC) i FASTFRNOtEtWFMY,'IDRFORUFFOYAATAErIF.NKFLLER S tEl { € TRUSTEE UNDER THE A"ELLEN KELLER REVOCABLE LPANG Uc Na 00239t TRUST DATEDAUGUS1 31.7015 ASAHENrDFO INSMAIEHTNO 202cM2972 0 3URI� PLAT SHOWNG PORTION OF 16'ALLEY ADJACENT TO LOT 6.BLOCK 18 SHFFT 1 OF 1 CROATAN BEACH M.13 24.PG.37 H and EureAssocales,P.C. � �, TO BE CLOSED E1r METLSSIKTIEVORSfWNSA M Po"Cott PJA.4 SA 5 VIRGINIA FIF-ACH.VIRGINIA �t:favh.VJ¢rta2)hlt 751-4U4570 DATE. JANUARY 23.2026 SCALE 1"7 20 MAC NO 61100025 Julia Ellen Keller Revocable Living Trust Agenda Item 1 page 5 of 9 Site Photos * � 1 t.R� 'F_ tom. +; � �ls�ty.h.• , r � r t�it � •s,,S j •,� �� a z qA 1, f 'tint s � R ✓ k yry ��'- -� ice° .� tf+ij4�•'� , •?' ""'� '' 1�;`�;� � s � d �s, y'� -.r... ate• y X. -}', � � - A�,•-. F r �, cat✓ • 9 I�Is Disclosure VIRGINIA CITY OF DisclosureV BEACH Statement The disclosures contained In this form ore necessary to inform public officials who may vote on the application nc In whether they have a conflict of Interest under Virginia law.Completion and subatlsalwt of this form Is required for oil applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Reach requiring action by the City Council,boards,commissions,or other bodies. � SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jula Eden Keller,Trustee of the Juba Ellen Kellar Revocable Living Trust u/d Augttal 31,2015 Is Applicant also the Owner of the subject property? Yes@ No0 i f nu,i'ropP.rt y�svnrr n�as7 r oun,lrtc 51C 110N l:PIIOPFNI Y"(riYIJ!'R nISC10SUR£(page 9J. Does Applicant have a Representative?YesO No0 if yes,name Represelitotive: R.Edward Bourdon,Jr., Esq, Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoO If yc,,list rile rnames of all officers,directors,members,or trustees below AND businesses shot hove a parent-subsidfory lot affiliated business entily'relatlonship with the o plicant.(Attach list iJ necessory.J Julia Ellen Keller,Trustee Does the subject property have a proposed or pending purchaser? Yes No • if yes,name proposed or pending purchases: 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 l es,none 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 opplcation orony business operoting or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessory.) SERVICE YES NO SERVICE PROVIDER Nome entity and/or individual Financing(mortgage,deeds of trust,cross-collateralization,etc.) O 0 04d pant National Bank of PhoebusiMERS Real Estate Broker/Agent/Realtor 0 O Disclosure Statement I rev. May•2024 page 1 of 3�4 9 Julia Ellen Keller Revocable Living Trust Agenda Item 1 page 7 of 9 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE • e SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual Accounting/Tax Retum Pro aration 0 M Architect/Designer/tandscape O O Architect/tand Planner Construction Contractor 0 1 G Engineer/Surveyor/Agent @ Q Stephen Ferguson,Hoggard•Eure le al Services _Q 0 R.Edward Bourdon,Jr„Esq.,Sykes, APPLICANT CERTIFICATION /LEAD;I certify tbut ull infurnratlun tomalned(n this Form is complete,true,and occurate,t undetstond thot, upon receipt of notification that the application has been scheduled far public hearing,t am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission,City Council,V80A,C8P4 Wetlands 800rd or any public body or committee in connection with this application. Jt1Nt EINft KdNr,Tiusto 11/2012025 Applicant Name(Print) Applicant S*nature Date t"Parent•subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporotion."See Stole and local Government Conflict of lnte►ests Act,VA.Code¢2.2.3101, 1"Affiliated business entity rclatlonship'means a relationship,other than porent-subsidioryrelattonship, that exists when(11 one business entity has a controlling ownership Interest In the other business entity,(i1) a controlling owner in one entity is also a controlling owner in the other entity,or(1i1 there Is shared management or control between the business entities.Factors(hot should be considered in determining the existence of an offiliated business entity relationship inchrdo that the some prison or sulivontiolly the some person own or manage the two entities;there are common or commingled funds at ossets;the business entitles 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 Vote and(oral Government Conflict of tntefesrs A(t,Vo.Cad(,4 2,2.3lot. FOR CITY USE ONLY: Nochanpvsasof(dit(�): February 24, 2026 AubreyTrebilcock 02/24/2026 Staff Name(Print) State Signature Date Disclosure Statement ( rev. May•2024 page 2 of 3 Julia Ellen Keller Revocable Living Trust Agenda Item 1 page 8 of 9 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. Julia Ellen Keller Revocable Living Trust Agenda Item 1 page 9 of 9 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #1 Julia Ellen Keller Revocable Living Trust Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on our agenda is item one. Is there a representative here? On behalf of the Keller Revocable Trust? Mr. Bourdon: Thank you, Ms. Byler, Mr. Chairman, members of Commission, Eddie Bourdon, Virginia Attorney,represent Ms.Keller on this application. The four conditions, as recommended by staff,are acceptable to us. And I wanted to mention Mr. Camp raised - Commissioner Camp raised - the issue of East-west alleys in Croatan. And as a resident of Croatan and one of Ms. Keller's neighbors, I don't think we have any East-West alleys in Croatan. We do have one private dedicated to the Pacific League access to the ocean front. The rest of them are actual streets that go to the ocean front. But thank you very much. Appreciate being on the consent agenda. Ms. Byler: Thank you. Are the conditions acceptable, attorney? I'm sorry. Perhaps you did. Mr. Bourdon: Yes,they're all acceptable. Ms. Byler: Okay. Thank you. Appreciate it, Mr. Bourdon. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Schoonover to read this into the record. Ms. Schoonover: Tlie applicant,Julia Ellen Keller, Revocable Living trust,is requesting a partial street closure at 62 Surfside Avenue. Tlie applicant has obtained a quick claim deed from the owner at 617 Vanderbilt Avenue, which borders this section of the land. This is a reasonable request and seeing no opposition and therefore has been placed in the consent agenda. Ms. Byler: Thank you. (The following dialogue reflects the discussion to approve the minutes as a part of the consent agenda in its entirety, which may not have directly followed the above discussion in this rlocumeni) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18, plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? W. Plunilee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms. Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep, the same. W. Coston: 17hank you, same. So we've had the motions made first and seconded. Madam Clerk, we're ready for the vote. Clerk: The vote is open. By a recorded vote of I I to 0,with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. W. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be sched tiled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but ),oil are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The City Attorney's Office shalt make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuantto Street Closures,"approved by City Council. 2. The applicant shalt resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 15-foot public drainage easement over the closed portion of the alteyto the City of Virginia Beach, subject to the approval of the Department of Pubtic Works, and the CityAttorney's Office,which easement shalt include a right of reasonable ingress and egress. 3. The applicant shallverifythat no private utilities existwithin the right-of-way proposed forthe closures. If private utilities do exist, easements satisfactoryto the utility company, must be provided and shalt be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Closure of the right-of-way shalt be contingent upon compliance with the above stated conditions within 730 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approvalshal€be considered null and void. Further conditions maybe required during the administration of applicable CityOrdinances and Standards. Anysite plan submitted with this application mayrequire revision during detailed site plan review to meet all applicable City Codes andStandards.All applicable permits required bythe City Code, including those administered bythe Departmentof Planning/Development Services Center and Department of Planning/Permits and inspections Division,and the issuance of a Certificate of Occupancy, are required before anyapprovals 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 theypertain to this site. S ID ��o v Ro poo OR OCEAS ti v R40 Hi,LL Lf rPLE NEC .- R� CREEK + w STARI.IN O. C1T ORIOLEeDRp00rR� R40,` O QvP � y R40 R40 R40- d`Z O CH.E ,GNP G �4p O R40 a - -Yam``— J ` o �v d �� m Rp7.5 .� s �, '` rp m m_° ?o� R4,0 °yc ' o ? pRIV � , SqE 4 i TgNAGrrRwwr � oR �v Z TR{ o y c, A�24 =4 36 : �0 �° 1 .YtJ�p� R�{'? R20 w� •Z a Q � C� Fy�� 26�N B 2 p��;N D nor�, 8`� �� 24Ty. o y0 4 ,SSA G'P,R �. R2 D '0 � tpR � ��.st m '`''��Q• .. . ZST,H S? ® site Cavalier Golf & Yacht Club Q Zoning 1052 Cardinal Road Property Polygons Feet 0 355 710 1,420 2,130 2,840 Map created by Planning Department on 2/26/2026 Io. IV 4L•S, - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAVALIER GOLF & YACHT CLUB [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 1052 Cardinal Road (GPIN 2418246584). COUNCIL DISTRICT 6 (Remick) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking to modify conditions associated with a 1997 City Council approved Conditional Use Permit for an Outdoor Recreation Facility at 1052 Cardinal Road. More specifically, the applicant is seeking to repurpose and expand the existing tennis facility with four covered and two uncovered pickleball courts. The proposed development will take place in 2 phases. Phase I will include the development of the four covered pickleball courts located north of the two existing tennis courts facing Starling Court. Phase II includes the construction of two uncovered pickleball courts adjacent to Phase I. The covered pickleball courts will consist of a steel frame and white fabric cover extending over the top and approximately the upper third of all sides of the structure. While no outdoor lighting is proposed with this request, the structure will contain internal lights, which will be turned off at 11 :00 p.m. daily. A black coated chain link fence, of varying heights, is proposed, along portions of the proposed courts. ■ Considerations: The site is located within the Suburban Area, a guiding principle of which is to create Great Neighborhoods and support them through complementary nonresidential uses, which the proposed pickleball and tennis courts are considered. Additionally, the applicant is proposing to install sound-deadening material along the western side of the site, along the uncovered pickleball courts, to mitigate any sound impacts on the adjacent residential properties. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of support and two letters of opposition were received related to this request. Those in opposition noted concerns with lighting, noise, and staffing. Cavalier Golf& Yacht Club Page 2 of 3 ■ Recommendation: On February 11, 2026, 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 Conditions attached to the Conditional Use Permit approval of January 28, 1997, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "CONCEPT PLAN OF PICKLEBALL COURT CANOPY FOR PART OF PROPERTY OF PARCEL A-1, RESUBDIVISION OF PARCEL A, CAVALIER GOLF & YACHT CLUB (M.B. 292, PG. 23) AND A CLOSED PORTION OF CARDINAL ROAD", prepared by Gallup Surveyors & Engineers, dated November 13, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the rendering entitled "CAVALIER GOLF&YACHT CLUB PICKLEBALL COURTS", dated Nov. 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 5. No parking spaces shall be permitted to back directly onto a public right-of- way, unless a variance is granted by the Board of Zoning Appeals. 6. No outside paging system shall be authorized. 7. The tennis and pickleball facilities shall cease operations by 11:00 p.m. 8. Should outdoor lighting be installed for the outdoor recreational facility, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 9. The tennis and pickleball facilities' lights shall be turned off no later than 11:00 p.m. each night. Cavalier Golf& Yacht Club Page 3of3 10. The applicant shall install sound deadening material on the portion of the fence along the western edge of the uncovered pickleball courts. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Letter of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department et ,y� City Manager: Agenda I Applicant • • ••'rty Owner: Cavalier Golf i Yacht Club - Planning • • • • • • CouncilCity District • Project Details Request Modification of Conditions (Outdoor Recreation Facility) I L Staff Recommendation Approval Staff Planner o -_ Alexis Bailey r-�� •"'d K �jp:�jai' '..�"4' a.F.� '�.f '.; � LocationE TA 1052 Cardinal Road d GPIN 2418246584 Site Size ° °"v' ;� �v 103.59 acres A/CUZ 65-70 dB DNL; Sub-Area 3 Watershed - ' d Chesapeake Bay . Q Existing Land Use and Zoning District �rA Golf and Yacht Club/ R-40 ResidentialA.�, x Surrounding Land Uses and Zoning Districts GHEWI�t?.ep �'A KPZAG North .• �t *�G ��_ ,c O�,a d�� /� Little Neck Creek p+ South Single-family dwellings/ R-15 Residential ,��-, �A `♦5� �o East p AG OttIE K V? 4 TRt sCJ Single-family dwellings/ R-40 Residential '� West Single-family dwellings/ R-40 Residential Cavalier Golf&Yacht Club Agenda Item 4 page 1 of 17 Background & Summary of Proposal • The applicant is requesting a Modification of Conditions for a Conditional Use Permit for an Outdoor Recreation Facility to repurpose and expand the existing tennis facility with four covered pickleball courts and two uncovered pickleballs courts. • On January 28, 1997, a Conditional Use Permit for an Outdoor Recreation Facility was granted on this property to develop tennis courts and a parking lot. The Conditional Use Permit approved the site specifically for tennis courts; therefore, a Modification of Conditions is required to accommodate the proposed pickleball courts. • The proposed development will occur in two phases. Phase I will include the redevelopment and expansion of the existing tennis court to create four covered pickleball courts located north of the two existing clay tennis courts facing Starling Court. Phase II includes the construction of two uncovered pickleball courts adjacent to Phase I. • The structure for the covered pickleball courts will be approximately 33.5 feet tall, 64 feet wide, and 152 feet long, consisting of a steel frame with a white fabric cover extending over the top and approximately the upper third of all sides of the structure. Additionally, the structure will contain internal lights, but no outdoor lighting is proposed. The application is proposing the installation of a black coated chain link fence approximately six-feet in height although the height may vary along portions of the proposed courts. • The manned hours of operation are Monday through Thursday, 8:30 a.m. to 9:00 p.m., and Friday through Sunday, 8:00 a.m.—4:00 p.m.; however, players may use the courts outside of these hours. All lighting at the tennis courts is turned off at 10:00 p.m. each night, and the lighting within the proposed pickleball enclosure will be turned off at 11:00 p.m. Once the lights are shut off they cannot be manually turned on by members as the timer for the lights will be located in a lock box. • The applicant proposes to install sound deadening material on the portion of the fence along the western edge of the uncovered pickleball courts. The proposed material is PickleBlok, a prefabricated background that comes in sheets and attaches to the chain link fence. The sheets proposed will be green. • On May 22, 2023, the Chesapeake Bay Preservation Area Board (CBPA)granted a variance request for an encroachment into the Resource Protection Area (RPA) buffer to construct pickleball courts.The applicant has provided a letter indicating that the land disturbance proposed with this application will not exceed the land disturbance granted by the 2023 variance. Cavalier Golf&Yacht Club Agenda Item 4 page 2 of 17 Zoning History # Request r 1 CUP (Mini-Warehouse) Approved 01/17/2023tal� f, 41NKH°R �.; CUP(Automobile Service Station) Approved R .� 2 11/20/2018 5 ° - R 3 CUP (Tattoo-Parlor) Approved 02/07/2017 CUP (Mini-Storage) Approved 05/22/2012 p CUP (Communication Tower)Approved3s.` 01/17/2017 STC Approved 05/26/2009ao2 a �tao of CUP(Communication Tower) Approved Q 4 04/08/2008r ` CUP (Marina Expansion)Approved 12/09/2003 01 , A24 CUP (Outdoor Recreation Facility)Approved K-C 01/28/1997 CUP (Clubhouse Expansion) Approved 01/23/1996 Application Types CUP (Community Pier/Boat Dock)Approved CUP: Conditional Use Permit 5 08/24/2010 REZ:Rezoning 6 CUP(Home Occupation)Approved 08/12/2008 CRZ:Conditional Rezoning CRZ(H-1 Hotel, B-2 Community Business, B-1 Conditions Modification of C Neighborhood Business and R-40 Residential to Condi � Conditional A-36 Apartment District) Approved MDP: Modification of Proffers 11/25/2003 NON: Nonconforming Use 8 SVR Approved 04/09/2002 STC:Street Closure 9 NON Approved 08/12/1997 FVR:Floodplain Variance 10 REZ Approved 09/24/1996 ALT.•Alternative Compliance SVR:Subdivision Variance 11 SVR Approved 05/24/1994 LUP: Land Use Plan 12 CUP(Community Pier)Approved 05/26/1992 STR:Short Term Rental 13 REZ Approved 12/17/1979 Cavalier Golf&Yacht Club Agenda Item 4 page 3 of 17 Evaluation • • • This request for a Modification of Conditions to a Conditional Use Permit to repurpose and expand the existing tennis facility with four covered pickleball courts and two uncovered pickleball courts is, in Staff's opinion, acceptable.The site is located within the Suburban Area, a guiding principle of which is to create Great Neighborhoods and support them through complementary nonresidential uses, which the proposed pickleball and tennis courts are considered. Staff does not anticipate any adverse impacts to the surrounding properties as the tennis and pickleball courts will only be used by the members and guests of the Cavalier Golf&Yacht Club and not the general public. Additionally, the applicant is proposing to install sound-deadening material along the western side of the site, along the uncovered pickleball courts, to mitigate any sound impacts. CBPA staff reviewed the conceptual plan and found the proposal to be in conformance with the 2023 CBPA approval. Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions • Modification of Conditions 1. All Conditions attached to the Conditional Use Permit approval of January 28, 1997, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "CONCEPT PLAN OF PICKLEBALL COURT CANOPY FOR PART OF PROPERTY OF PARCEL A-1, RESUBDIVISION OF PARCEL A, CAVALIER GOLF &YACHT CLUB (M.B. 292, PG. 23) AND A CLOSED PORTION OF CARDINAL ROAD", prepared by Gallup Surveyors & Engineers, dated November 13, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the rendering entitled "CAVALIER GOLF &YACHT CLUB PICKLEBALL COURTS", dated Nov. 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 5. No parking spaces shall be permitted to back directly onto a public right-of-way, unless a variance is granted by the Board of Zoning Appeals. 6. No outside paging system shall be authorized. 7. The tennis and pickleball facilities shall cease operations by 11:00 p.m. Cavalier Golf&Yacht Club Agenda Item 4 page 4 of 17 8. Should outdoor lighting be installed for the outdoor recreational facility, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 9. The tennis and pickleball facilities lights shall be turned off no later than 11:00 p.m. each night. 10.The applicant shall install sound deadening material on the portion of the fence along the western edge of the uncovered pickleball courts. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous Conditions from 1997 Conditional Use Permit 1. No parking spaces shall be permitted to back directly onto a public right-of-way, unless a variance is granted by the Board of Zoning Appeals. 2. Any lighting associated with the project shall be directed inward towards the subject site. 3. No outside paging system shall be authorized. 4. The tennis facilities shall not be used later than 11:00 p.m. Comprehensive Plan Information The site falls within the Suburban Area a "primary guiding principle for the Suburban Area is to create "Great Neighborhoods;' and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future! (p. 1-60)• Cavalier Golf&Yacht Club Agenda Item 4 page 5 of 17 ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and a portion of the proposed pickleball court with canopy is located in the AE flood zone. The proposed canopy appears to not extend to the ground, and is therefore acceptable in the AE flood zone. 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 Existing Land Use Z-No Data Cardinal Road No traffic counts No traffic counts Available available available Proposed Land Use 3-No Data Available 'Average Daily Trips 'As defined by a 4LOS = Level of 'As defined by outdoor tennis courts Service outdoor tennis courts and pickleball courts Master Transportation Plan(MTP)and Capital Improvement Program(CIP) There are no Master Transportation Plan or Capital Improvement Program projects in the area. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Water&Sewer The site is currently connected to city water and sanitary sewer. Cavalier Golf&Yacht Club Agenda Item 4 page 6 of 17 Public • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Cavalier Golf&Yacht Club Agenda Item 4 page 7 of 17 Proposed Layout \D.A i 6 m 04 •I W IO CLUSTER 4 D.1. MH _ m 1 s �� ••1 CEDAR � CHAIN LINK FENCE a __ `4 MH 20C EX ASPHALT PA:KLEB4LL R( - R�e COURT `^' EX. EE gtiwE Es TW < C\ STE L.usTER -.--,POSED P C4NOPY- I [J 1d7TOp '1 CYPRESS +�y PROPOSEEBAL ICOURT PHASE w k try a ONE > u` s Cr plwr ` CsF S WMYE a \ 2 PICKLEBALL Y-I COURr oxwER!?Y RY \ al / PROPOSED dV NE POSE PICKK�B9LL / r ^S xr VOLE RT 6 p CHAIN LINK FENC R 6QP ± d K N LINK FENCE FRAME W000 W CHN SHED • VALLA 907(ES � IO•PINE 8 TENNIS LOURi 0 20 40 CONCEPT PLAN OF PICKLEBALL COURT CANOPY FOR PART OF PROPERTY OF PARCEL A-1, RESUBDIVISION OF PARCEL A,CAVALIER GOLF&YACHT CLUB (M.S.292,PG.23)AND A CLOSED PORTION OF CARDINAL ROAD r� I.N.201810010DO808150 D UTLER PROJ ECT LOCATED I N.VIRGINIA BEACH,VIRGI NIA MADE FOR.CAVALIER GOLF S YACHT CLUB ` NO.38395 DESIGN BY DRB I CHECKED BY GLO I ORAWN BY:DMV PROJECT 94215 1 SCALE 1+29 1 DATE 11-11-2025 GALLUP SHEET NAME OF SURVEYORS&ENGINEERS /� S (f 323 FIRST COL ONIAL ROAD CO3 TONAL VIRGINIA BEACH,VIRGINIA 23/5A 1TSTµze-e132IT57p25-2390 FAX PROPOSED PLAN Cavalier Golf& Yacht Club Agenda Item 4 page 8 of 17 Proposed Renderings t c f zd a ' I 1 ro-a Sl0£ E.LEVA•T to11 w 0 GAVAL-1F_ft l.�oLF ri Y/tGN7 G1...t)L3 END �L.EVA'flot�[ _ PICY,LL E5AA.4- LOUKTg scaLE ,v1 i l^o' Nov. 10, 2 o2s AIL d& roll" 'r 1 / r CAVALIER CaOtlF Q YALN"( LL��P> PLGI',LE. 84.t.L. C.:x�'2'TS t`loV, i0, 2025 Cavalier Golf&Yacht Club Agenda Item 4 page 9 of 17 r n , �u. F k� u. Example of Proposed Covering F Cavalier Golf& Yacht Club Agenda Item 4 page 10 of 17 Example of Proposed Pickleblok Mill '" Site • • i i, Y , M : ME— -Mill, r i Cavalier Golf&Yacht Club Agenda Item 4 page 12 of 17 K 4� — L P e i ,r '3aa.'t Cavalier Golf&Yacht Club Agenda Item 4 page 13 of 17 Disclosure RGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions,or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Cavalier Golf&Yacht Club Is Applicant also the Owner of the subject property? Yes@ No® If no, Propert-v Owner most complete SECTION 2:PROPERTY OLVNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noo If yes,name Representative: Lisa M. Murphy, Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) iSee attached list. Does the subject property have a proposed or pending purchaser? Yes No@ If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes@ NoO If yes,name the official or employee,and describe the nature of their interest. Bill Bumette,lChesapeake Bay Preservation Area Board Member 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, @ © TowneBank,Norfolk,VA cross-collateralization,etc.) i _ `Real Estate Broker/Agent/Realtor © @ s Disclosure Statement I rev. May-2024 page 1 of 3 Cavalier Golf&Yacht Club Agenda Item 4 page 14 of 17 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Q Eide Bailly(flkla Wall,Eihorn&Chernilzer,P.C.) Architect/Design er/Landscape Wayne Andaman,AlAlCovington Hendrix Andaman Architecs Architect/Land Planner Construction Contractor Steve Childs,Core 22 Design Build LLC Engineer/Surveyor/Agent ® David Butler,PEiGALLUP SURVEYORS&ENGINEERS Legal Services ® Lisa M.Murphy,Esq./Willcox&Savage,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. Cavalier Golf&Yacht Club Applicant Name(Print) pplicant Signature Date 1"Parent-subsidiary relationship"means"a elationship 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 N one business entity has a controlling ownership interest in the other business entity,(H) a controlling owner in one entity is also a controlling owner in the other entity,or(ii!)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on o 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): 2/26/2026 Alexis Bailey �PCG %UGG 2/26/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 cf 3 Cavalier Golf&Yacht Club Agenda Item 4 page 15 of 17 Disclosure CAVALIER �� 1p&YACk'[t�' Club Officers Andy Hilbert-President David Hodgson-Vice President of Operations Owen Thornton-Vice President of Administration Aaron Phipps-Treasurer Stephen Childs-Secretary John Norris-LegaL Counsel P.Joseph Andrew ;1eral Manager/COO Cavalier Golf&Yacht Club Agenda Item 4 page 16 of 17 • 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. Cavalier Golf&Yacht Club Agenda Item 4 page 17 of 17 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #4 Cavalier Golf & Yacht Club Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is item number four, Cavalier Golf& Yacht Club. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Ms. Murphy: Sure. Good afternoon, Vice Chair Byler, Chairman Coston, members of the Planning Commission. For the record, my name is Lisa Murphy, local zoning attorney, and I'm here today on behalf of the applicant, Cavalier Golf& Yacht Club. We appreciate all of Alexis Bailey's work on this project and we consent to the 10 conditions. Commissioner Plumlee had asked us the distances to the closest homes,and those are actually the two homes on 1000 Bobolink and 1008 Bobolink. Currently,they're 315 to 330 feet from the existing tennis court. The phase two expansion will bring them about 250 feet from the uncovered pickleball. And if you recall from the staff report,that Western fence is where that sound deadening product is going to go. So wanted to make sure we answered that question. I'm happy to answer any other questions. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: The applicant, Cavalier & and Yacht Club, Address 1052 Cardinal Road, is requesting a modification of conditions for conditional use permit for outdoor facility to expand the existing tennis facility with four covered pickleball courts and two uncovered pickleball courts. I inquired during the informal regarding the distances. I was informed it was 150 feet to the actual boundary, but over 200 feet to the dwelling. With that information, we have no one signed up to speak in opposition, though we did have an email opposition that came to us. But with staff s recommendation of approval, no one here to speak in opposition, no objection from the planning commissioners, we place this on the consent agenda for approval. Ms. Byler: Thank you. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms.Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep,the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk,we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation,and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. All Conditions attached to the Conditional Use Permit approval of January 28, 1997, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the site plan entitled "CONCEPT PLAN OF PICKLEBALL COURT CANOPY FOR PART OF PROPERTY OF PARCEL A-1, RESUBDIVISION OF PARCEL A, CAVALIER GOLF &YACHT CLUB (M.B. 292, PG. 23) AND A CLOSED PORTION OF CARDINAL ROAD", prepared by Gallup Surveyors & Engineers, dated November 13, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The site shall be developed in substantial conformance to the rendering entitled "CAVALIER GOLF &YACHT CLUB PICKLEBALL COURTS", dated Nov. 10, 2025, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 5. No parking spaces shall be permitted to back directly onto a public right-of-way, unless a variance is granted by the Board of Zoning Appeals. 6. No outside paging system shall be authorized. 7. The tennis and pickleball facilities shall cease operations by 11:00 p.m. 8. Should outdoor lighting be installed for the outdoor recreational facility, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 9. The tennis and pickleball facilities lights shall be turned off no later than 11:00 p.m. each night. 10. The applicant shall install sound deadening material on the portion of the fence along the western edge of the uncovered pickleball courts. 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. David Hodgson 956 Bobolink Drive Virginia Beach, VA 23451 (757)29 46401 dhodgson89@gmail.com February 6th, 2026 Alexis Bailey City of Virginia Beach Planning Department 2875 Sabre Street, Suite 500, Virginia Beach, Virginia 23452 Dear Ms. Bailey, I am writing to express my strong support for the proposed construction of a covered pickleball structure at the Cavalier Golf and Yacht Club located at 1052 Cardinal Rd, Virginia Beach, VA 23451. As a resident of Virginia Beach, I have seen a massive suegin popularity for this sport, and the ability to have a covered facility will increase the amount of use the pickleball courts can handle to meet the clubs high demand. Currently, play can only happen during good weather and warm temperatures. This newstructure will allow for year round play including cold weather, rain or snow. As a homeowner living across the street from the pickleball courts, I feel the covered facility will significantly reduce the amount of noise coming from the courts. The couiq are not currently too loud, but any reduction in sound will be a benefit. In addition to creating a social network for a diverse crosssection of members, from seniors to families and students, the new facility will add many health benefits, by promoting year round physical activity, mental concentration, and mental health throgh social interaction. I urge the City of Virginia Beach to approve this project and invest in the health and community of our residents. Sincerely, David Hodgson From: Heather Felch To: Alexis Bailev Subject: Cavalier Pickleball project Date: Wednesday,February 11,2026 11:58:40 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Bill Williard<bill.williard@gmail.com> Sent: Friday, February 6, 2026 4:19 PM To:Joe Andrew<JAndrew@cavaliergyc.com>; Heather Felch <hfelch@cavaliergyc.com> Subject: Cavalier Pickleball project Dear Planning Commission, I am writing to give my support for the Cavalier Golf and Yacht Clubs pickleball project. I live adjacent to the project at 1000 Bobolink Drive VB 23451 and think it will enhance the neighborhood and the Cavalier. Regards, William H Williard From: Clara Capps To: Alexis Bailev Subject: Pickleball expansion 1052 Cardinal Road Date: Friday,February 6,2026 11:22:37 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission 2403 Courthouse Drive Virginia Beach Virginia 23451 1 have lived at 940 Cardinal Road since 1976. 1 have concerns about the proposed conditional use permit for the expansion of pickleball courts at the Cavalier Golf and Yacht Club. It is well known that pickleball courts are a nuisance to a community. The noise produced is a repetitive popping sound The noise carries beyond the courts. This is disruptive to residents' ability to enjoy their yards. The gathering of multiple players enjoying the game with cheering and laughter spreads beyond the property. The additional courts will increase the number of players and provide opportunities for tournaments. I could support the expansion if restrictions were imposed. The present counts do not have restrictions. Noise abatement needs to be addressed. Time restrictions should be enforced. Lights are on until 10 o'clock pm. The cars leaving the courts are exceeding the neighborhood speed limit. There needs to be Cavalier personal present at the courts at night to monitor behavior. The lack of personal create the impression of being open to the public. The neighborhood is a quiet established community. The additional Pickleball courts will impact the enjoyment of the nearby residents. No neighbor would enjoy this nightly nuisance nearby. I believe the expansion of the pickleball facility will increase the nuisance. Thank you Clara Capps940 Cardinal Road Virginia Beach Virginia 23451 757 6759559 From: CLARA CAPPS To: Alexis Bailev Subject: 1052 Cardinal Road proposed conditional use permit Date: Tuesday,February 10,2026 8:42:09 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Alexis Bailey Thank you for sending the background proposal. The permit issued in January 1997 was specifically for tennis courts. The request is for redevelopment of tennis courts which was done 2 years ago.I can not find in your summary the application for this modification.There was not opportunities at that time for community involvement. I agree the sound abatement and the interior lighting will be an improvement to the five present outdoor pickleball courts.There should not be unmanned hours. Members and guest should be documented and accountable.The use of surveillance cameras is not a substitute for staff.A list of posted rules and etiquette is useless if no one is present to enforce.Viewing a camera 3 days later doesn't help a neighborhood experiencing unacceptable behavior. Thank you for your assistance in this matter Clara Capps Sent from my Wad R7. / t� �o J o R7..5 A 12 ov" oa °�po R7.5 i R7.5 ® site Shakilah Verner C] Zoning 4916 Euclid Road ' Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 2/26/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHAKILAH VERNER [Applicant& Property Owner] Conditional Rezoning (R- 7.5 Residential District to Conditional A-18 Apartment District) & Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 4916 Euclid Road (GPIN 1477136034). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: March 17, 2026 ■ Background: The applicant proposes to rezone a 7,744-square-foot parcel on Euclid Road in the Pocahontas Village neighborhood, within the Central Village District of the Pembroke Strategic Growth Area, from R-7.5 Residential to Conditional A-18 Apartment District. The request would allow development of a three-unit, three- story multi-family building at a density of 16.87 units per acre, with a maximum height of 35 feet, consistent with the maximum height permitted in the A-18 Apartment District. A Subdivision Variance is also requested to address deficiencies in lot width and street frontage. The conceptual site plan shows one building with three units, each featuring a one- car garage and two additional off-street parking spaces, exceeding the required minimum of two spaces per unit. Proposed exterior materials include brick veneer, premium vinyl siding, PVC trim, and a metal roof. A ten-foot-wide Category IV landscape buffer and a six-foot-tall earthtone privacy fence are provided adjacent to neighboring residential properties, with detailed landscaping to be finalized during site plan review. No signage is proposed. Because the A-18 District requires a minimum lot area of 20,000 square feet and maximum lot coverage of 50 percent, the applicant is requesting two deviations to allow a minimum lot area of 7,744 square feet and maximum lot coverage of 66 percent through Section 107(i) of the Zoning Ordinance. The proposal also includes right-of-way improvements, including a five-foot sidewalk, a six-foot public multi-purpose trail easement, and an 11-foot right-of-way dedication. ■ Considerations: Staff recommends denial of the request to conditionally rezone the 7,744-square- foot parcel to the A-18 Apartment District for a three-unit multifamily development, finding it incompatible with the surrounding single-family neighborhood and inconsistent with the Comprehensive Plan. Although the property is located within the Pembroke Strategic Growth Area's Central Village District, where long-term Shakilah Verner Page 2 of 4 plans envision a more urban, mixed-use environment, the Central Density Study does not identify this specific parcel for redevelopment or increased density. Additionally, the conceptual layout does not meet the Comprehensive Plan's urban design guidance, which recommends buildings be oriented closer to the street with parking located behind, due to the site's limited size. Staff finds that introducing a three-story, higher-density multifamily building into an established neighborhood of predominantly one-story single-family homes would represent a significant shift in scale and intensity. The proposal is viewed as incompatible with the area's existing development pattern and could adversely affect neighborhood cohesion, visual character, privacy, green space, and overall aesthetics. The applicant seeks deviations from A-18 dimensional standards, including a substantial reduction in required minimum lot area (20,000 square feet required versus 7,744 square feet proposed), an increase in maximum lot coverage (50% permitted versus 66% proposed), and variances for lot width and street frontage deficiencies (100 lot width and 80-feet of frontage required versus 77.44 feet for both lot width and street frontage proposed). Staff finds these deviations excessive given the constrained lot and surrounding low-density context, and inconsistent with the intent of the district regulations and Subdivision Ordinance variance criteria. While staff acknowledges the applicant's efforts to address technical requirements, including improved vehicular access, required parking, buffering and landscaping, and pedestrian accommodations, these measures do not outweigh concerns regarding land use compatibility and density. While Staff is recommending denial of the requests, the Planning Commission recommended approval of the proposal at the February hearing. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There were 2 speakers present at the public hearing stating concerns related to incompatibility with surrounding neighborhood, increase traffic and congestion, and decrease in property values. 26 letters of opposition and 2 letters of support were received. ■ Recommendation: On February 11, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 3. CONDITIONAL REZONING (PROFFERS) Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for Shakilah Verner Page 3 of 4 4916 Euclid Road," dated December 18, 2025 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer 2 When the Property is developed, it will have no more than three (3) 3-Story residential units in one (1) single building, with each unit containing a minimum of 2,091 square feet of enclosed living area. The residential units labeled 1 through 3 as depicted on the Concept Plan shall have front-entry one (1) car garages and driveways. Each unit shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the four (4) building renderings for 4916 Euclid Road dated 12/16/2025, which have been incorporated by reference into this proffer. Proffer 3 In lieu of the 50% maximum lot coverage and the 20,000 sq ft minimum lot area in the A-18 zoning classification for multi-family dwellings pursuant to Section 602(d) of the Zoning Ordinance, (66%) lot coverage and 7,744 sq ft minimum lot area will be permitted to allow improvements depicted on the Concept Plan. Proffer 4 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. SUBDIVISION VARIANCE (CONDITION) 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "Conceptual Site Plan for 4916 Euclid Road," dated December 18, 2025 prepared by CECS (the "Concept Plan")", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter(s) of Support (2) Letter(s) of Opposition (26) Shakilah Verner Page 4 of 4 Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:01,10 Agenda • ♦ • Applicant i Property Owner: Shakilah Verner V_B Planning • • • • • • Councili City / / (Ross-Hammond) Project Details Requests Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) $` MWHERe Conditional Rezoning (R-7.5 Residential District to MIANOANRO Conditional A-18 Apartment District) - - PytPt O CONESTOGARO Staff Recommendation `�y°°S 5 G°r Denial R Fq `Z ! O St C�4, Staff Planner Marchelle Coleman 8U''CKf 00 `54' �4 ,� GP Location BR CKFOOT O qQ C��� ?Pg��� ONONO PGP C 4916 Euclid Road y �, GPIN 1477136034 5 Site Size 7,744 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant Lot/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North ! Single-family dwelling/R-7.5 Residential South ,r Euclid Road Mobile Home Park, single-family dwellings/A-12 Apartment, R-7.5 Residential East Single-family dwelling/ R-7.5 Residential West Single-family dwelling/ R-7.5 Residential Shakilah Verner Agenda Items 5 & 6 page 1 of 19 Background SummaryofProposal • The applicant is requesting to rezone a 7,744 square foot parcel from R-7.5 Residential to Conditional A-18 Apartment District to develop a three-unit multi-family development with a resulting density of 16.87 units per acre. The applicant is also requesting a Subdivision Variance to the lot width and street line frontage requirements for the A-18 Apartment District • The 7,744-square-foot parcel fronting Euclid Road is currently vacant, situated within the Pocahontas Village neighborhood, and lies in the Central Village District of the Pembroke Strategic Growth Area (SGA). A single-family dwelling previously occupied the site but was demolished in 2019. • As shown on the submitted conceptual site plan, the proposal depicts one multi-family building, including three units. Each unit will be three stories, with a maximum building height of 35 feet, which is within the maximum 35-foot height permitted in the A-18 Apartment District. • As required by Section 603 of the Zoning Ordinance, a ten-foot-wide Category IV landscape buffer is provided adjacent to all property lines abutting the residential district zoned properties to the north, east, and west. As depicted on the building renderings, a six-foot tall earthtone privacy fence is proposed.The proposed landscaping appears to meet the standards of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • The proffered building renderings depict dwellings with exterior building materials consisting of brick veneer, premium vinyl siding, PVC trim, and a metal roof. • The Zoning Ordinance establishes a minimum lot area of 20,000 square feet and a maximum lot coverage of 50%for multi-family dwellings in the A-18 Apartment District. As depicted on the conceptual site plan, a lot area of 7,744 square feet and a lot coverage of 66% is proposed. As part of this proffered Conditional Rezoning request, the applicant is requesting deviations to the lot area and lot coverage requirements through the provisions of Section 107(i) of the Zoning Ordinance. • Right-of-way improvements are proposed as shown on the proffered conceptual site plan, including a five- foot-wide sidewalk and a six-foot-wide public multi-purpose trail easement. To accommodate the protected bike lanes recommended along Euclid Road in the Active Transportation Plan, the Department of Parks & Recreation requested an eight-foot-wide right-of-way dedication to accommodate future needs. The current proposal includes an 11-foot-wide right-of-way dedication, exceeding the request from Parks & Recreation. • No signage is proposed as part of this development. • Each of the three units will have a one-car garage and two off-street parking spaces, for a total of three parking spaces per unit. Per Section 203(12) of the Zoning Ordinance, the development requires a minimum of two spaces per dwelling unit, which is provided on site. Shakilah Verner Agenda Items 5 & 6 page 2 of 19 A Subdivision Variance is requested for the deficiency in lot width and street line frontage. Required Minimum Proposed Required Proposed Street Proposed Lot Lot Width Lot Width Street Line Line Frontage (feet) (feet) Frontage (feet) 4916 Euclid Road 100 77.44 80 77.44 Zoning History No Zoning History to Report �R7�v oVjER GR Al2 FG 0 R7.5 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • . • Staff finds the request to conditionally rezone the 7,744-square-foot parcel to Conditional A-18 Apartment District for the development of a three-unit multifamily building to be incompatible with the character of the surrounding single-family neighborhood and inconsistent with the Comprehensive Plan's vision for the property; therefore, staff cannot support the request as proposed. As stated previously, the subject property is located within the Pembroke Strategic Growth Area (SGA) and the Central Village District.The long-term vision for this area calls for an eclectic, mid-to low-rise commercial and urban-residential environment, including live-work units, lofts, rowhouse residential buildings, smaller-scale mixed-use commercial development, and a sports arena.This vision supports a more urban, mixed-use Shakilah Verner Agenda Items 5 &6 page 3 of 19 context. While the proposed three-unit multifamily building is generally consistent with the overall vision of the Comprehensive Plan for the area, the proposed Central Density Study(Pembroke SGA plan, p. 34) does not identify this specific property for redevelopment or increased density and recommends no changes at this location.The Special Area Development Guidelines for Urban Areas (2016 Comprehensive Plan, Reference Handbook, p. B-1) recommend that buildings be oriented closer to the street with parking located behind the structure. As shown on the conceptual site plan, the limited size of the site prevents compliance with these design recommendations, resulting in a site layout that is incompatible with the design recommendations of the Comprehensive Plan. Furthermore, the subject parcel is situated within an established single-family residential neighborhood and surrounded by an established pattern of low-density, single-family residential development. In Staff's assessment, the introduction of a higher-density apartment use on this site would constitute a substantial departure from the existing neighborhood character.The increased scale, intensity, and multi-unit building proposed on the parcel is not compatible with the development pattern in this area and would create noticeable conflicts in massing, visual character, and the intended use of the land in this area. Such a shift in intensity could undermine the neighborhood's cohesion, diminish its established residential character, and allow development patterns that conflict with the area's existing low-density residential character. As indicated earlier,the applicant is requesting deviations from the minimum lot area of 20,000 square feet and the maximum 50% lot coverage requirements for multi-family dwellings in the A-18 Apartment District. As part of the proffered conditional rezoning request,the applicant seeks to develop a 7, 744 square foot lot and an increase in lot coverage to 66%.These requests are made in accordance with Section 107(i) of the Zoning Ordinance, which allows the City Council to approve deviations from dimensional standards, such as lot area and lot coverage, when good cause is shown, and there is no significant detrimental impact on surrounding properties. Staff has reviewed the proposal and finds the requested lot area deficiency and increase in lot coverage difficult to support. The subject property is a small, 7,744-square-foot lot located within a neighborhood predominantly composed of one-story single-family homes, where multi-family dwellings require a minimum 20,000 square feet of lot area. Lot coverage for single-family dwellings in the current R-7.5 Residential district is 35%. Increasing the lot coverage to 66%would result in a significant reduction of green space and rear yard area, a larger building footprint, and increased impervious surface, which would be inconsistent with the existing neighborhood character and could create adverse effects related to privacy, an increase in noise and activity, and the diminishing of the neighborhood aesthetics. Given the scale of the site and the surrounding low-density development, Staff believes the proposed lot area deficiency and increased lot coverage is excessive and not compatible with the area, and therefore is not supportive of these deviation requests. 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. Shakilah Verner Agenda Items 5 & 6 page 4 of 19 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. Similarly to the deviation requests for minimum lot area and minimum lot coverage, the applicant is requesting deviations from the lot width and street line frontage requirements applicable to properties within the A-18 Apartment District. These requests are due in part to the limited size of the lot. The A-18 Apartment District requires a minimum lot width of 100 feet and a minimum street line frontage of 80 feet for multi-family dwellings. The subject property is deficient by 22.56 feet in lot width and 2.56 feet in street line frontage. Staff finds that the requested variances are inconsistent with the established character of the area and would further intensify development on a constrained lot in a manner that does not align with the intent of the district regulations; therefore, staff does not support the request. Although the proposal includes requests for deviations from both the lot area, lot width and street line frontage, and the maximum lot coverage requirement, the applicant has worked collaboratively with staff to address vehicular access, parking, landscaping, and pedestrian connectivity. Through multiple plan revisions, the proposal now incorporates a commercial entrance in accordance with the Public Works Design Standards Manual, provides landscape buffering along the north, east, and west property lines adjacent to residential uses, and meets the on-site parking requirements for each unit. In addition, the plan includes a five-foot-wide sidewalk and a six-foot-wide public multi-purpose trail easement to accommodate a future protected bikeway consistent with the City's Active Transportation Plan. Collectively, these elements demonstrate the applicant's efforts to meet applicable development standards for the proposed use. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office, and no concerns raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity.The overcapacity is within the acceptable utilization range of less than 10%of optimum capacity. Based on this analysis, the proposed redevelopment is not expected to adversely affect current student enrollment, as only one additional student would be anticipated with this request. This site is located in the Chesapeake Bay Watershed; therefore, a preliminary stormwater analysis is not required prior to this item being reviewed by the Planning Commission and City Council. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure that the project complies with all stormwater regulations and that no negative flooding impacts will occur upstream and downstream as a result of this development. Shakilah Verner Agenda Items 5 & 6 page 5 of 19 While Staff acknowledges and commends the applicant for seeking to provide additional housing within the City of Virginia Beach, Staff believes the proposed development is not compatible with the existing character of the surrounding single-family neighborhood, which predominantly consists of one-story homes. The request to rezone from R-7.5 Residential to A-18 Apartment to accommodate three multi-family units in a three-story building represents a significant increase in density that, in Staff's assessment, is inconsistent with the scale and character envisioned for this area. The Central Village District, as outlined in the Pembroke SGA Master Plan, anticipates a mix of mid-to low-rise commercial and urban-residential uses, including live-work, loft, and rowhouse buildings; however, the proposed Central Density Study indicates no changes to this property. Given the proposed density, change in use, and incompatibility with the surrounding neighborhood, staff recommends denial of these requests. Should the Planning Commission find this proposal appropriate for redevelopment, the proffers submitted by the applicant are provided below for consideration. 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 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for 4916 Euclid Road," dated December 18, 2025 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer When the Property is developed, it will have no more than three (3) 3-Story residential units in one(1) single building, with each unit containing a minimum of 2,091 square feet of enclosed living area. The residential units labeled 1 through 3 as depicted on the Concept Plan shall have front-entry one (1) car garages and driveways. Each unit shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the four (4) building renderings for 4916 Euclid Road dated 12/16/2025, which have been incorporated by reference into this proffer. Proffer 3 In lieu of the 50% maximum lot coverage and the 20,000 sq ft minimum lot area in the A-18 zoning classification for multi-family dwellings pursuant to Section 602(d) of the Zoning Ordinance, (66%) lot coverage and 7,744 sq ft minimum lot area will be permitted to allow improvements depicted on the Concept Plan. Shakilah Verner Agenda Items 5 & 6 page 6 of 19 Proffer 4 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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. Recommended Conditions for 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "Conceptual Site Plan for 4916 Euclid Road," dated December 18, 2025 prepared by CECS (the "Concept Plan")", a copy of which has been exhibited to the Virginia Beach City Council and is on file with 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. Comprehensive Plan Information The Comprehensive Plan designates the subject property as being located within the Pembroke Strategic Growth Area in the Central Village District, which the Comprehensive Plan designates as one of the eight urban areas in the City that is envisioned to accommodate future growth and adopt a more urban style in the City. The vision of the Central Village District is "an eclectic, mid to low-rise commercial and urban-residential area. This district will include live-work, loft, and rowhouse residential buildings as well as smaller-scale mixed-use commercial buildings and a sports arena" (p. 34, Pembroke SGA Master Plan). The design policies and principles encourage the following: Buildings to be located close to the pedestrian street with off- street parking behind or beside buildings. (p. B-1), Wherever possible,join parking areas to create an internal circulation network. Minimize or eliminate curb cuts by sharing vehicular access with adjacent properties and or utilizing alleys for access." (p. B-1), Parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind buildings or in the interior of a block whenever possible. Shared parking is strongly encouraged between adjacent or vertically mixed uses whose peak Shakilah Verner Agenda Items 5 & 6 page 7 of 19 demand is offset from each other." (p. B-1), Fences are recommended only where complementary to the building design. Discourage the use of stockade or chain link fence where visible from any public street. Design sensitive to the surrounding built and natural conditions. Adjacent buildings should relate in similarity of scale, height, and configuration. (p. B-3) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic TraffSc Counts Street Name Present Volume Present Capacity Generated Traffic Euclid Road 4,400 ADT1 12,500 ADT 1(LOS 4 "D") Existing Land Use (vacant lot) —0 ADT Existing Land Use 10 ADT Proposed Land Use 3-20 ADT 1 Average Daily Trips 2As defined by a 'As defined by a three 4LOS= Level of 7,774 square foot unit multi-family Service single-family lot dwelling Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Euclid Road, in the vicinity of this application, is considered a two-lane undivided minor urban arterial. It is not included on the MTP. Active Transportation Plan The Active Transportation Plan calls for a protected Bike Lane along Euclid Road. While this facility would be difficult to install in segments, one lot at a time, Parks & Recreation recommends an 8-foot-wide right-of-way dedication to provide adequate width to accommodate the bike lane in the future, as well as existing sidewalks to be improved to satisfy the minimum 5-foot wide standard. Public Utility Impacts Water There is an existing 10-inch city water main along Euclid Road.The site must connect to city water. Sewer There is an existing eight-inch city sanitary sewer gravity main along Euclid Road. The site currently connects to city sewer. Shakilah Verner Agenda Items 5 & 6 page 8 of 19 School • . School Current Enrollment Capacity Generation' Change' Point O'View Elementary 684 students 635 students 1 student 1 student Larkspur Middle 1,473 students 1,329 students 0 students 0 students Kempsville High 2,002 students 2,029 students 0 students 0 students 1 "Generation" represents the number of students the development will add to the school. 2 "Change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). PublicOutreach Information Planning Commission • The applicant has undertaken extensive public outreach efforts related to the proposed project. In September 2025, the applicant visited the community church located off Euclid Road on two separate Wednesdays and met with several parishioners, as well as the pastor, to discuss the proposal. On August 30, 2025, the applicant personally hand-delivered informational letters describing the project and received support from the adjacent property owners on both sides of the site. Additionally, in September 2025, the applicant personally spoke with a neighbor across the street from the subject property; although she did not submit a formal letter, she expressed her support for new development and wished the applicant well. By the end of October 2025, the applicant received written letters of support from adjacent neighbors across the street. The applicant has also met with two City Council Members, one of which is the district representative for this area. • Two letters of support and 20 letters of opposition have been received by Staff noting concerns related to incompatibility with existing single-family neighborhood, increased traffic, decrease in property values, and parking impacts. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. �Shakilah Verner Agenda Items 5 & 6 page 9 of 19 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. ShakiJlah Verner Agenda Items 5 & 6 page 10 of 19 J:q 1 LOT 13 BLOCK 1 �...: _ "ti • GPIN: 1477-13-6191 1 0 PERRY S.& REVOCABLE E YW +9 S'tIf a.. [ INST.1200JOD7181J3 LOT 4-D(C_ 42 2.56' � �4 a•) X � a ZONE R-75 GPI4. �77{'?-603t LOT 2 SHAALAH E315 BLOCKf N T. 7fG31 CPW 1477-13-7055 I woxry MELANIE VAIN LIEW ''.• i�`i g{g IGNL:A-?8 OB.3955 PG.2117 ": 11111 all •i unmRr ZONE,R-75 R/S 5 31,26,00"E 77.44' < S VIG'ATY mw FENCE FENCE fY moo' • a 0.5' _ 0.7' L f 't7 E O OVER OVER w-' o u LL :y PROPOSED 6'SOLID PRIVACY FENCE 0 3 UNIT UNI1 UNIT9 23uunmi �.. _ EXISTING 3'CPAIN UN4 FENCE 2 I g >:t ao��A a w„•o TO BE REMOVED ` • LOT 3! 3: LOT S ,�...,o....„"�..w nM... .. 2.56'OE LOT 4 FENCE C.a $ BLOCK f . BLOCK 1 0.5' GPW..- 7477-12-69M -- '� JWET F.EMORY GPW..' 1477-13-5170 OVER RICNARD A WELLER ^. Ti INST1 20220600740E 6JST1 2012000J9029 ZONE,R-75 ZONE•R-75 _ ...: 1012 /4820 '0' ESL ' 1 ( n '' °�''. 387f TO 7NE CIL OF y �. l^av')-` NARR464NSE7T DRIVE Z Ia•wsSUae&NFL - EXISTING DRIVEWAY TO BE REMOVED 11,XIS NC R/>: _ Dr<' { `_J r SII)l-. K ','%ISTIVf,R('6 Ar>sxaa -- ss : - •, n an.s Anne wa r � , 1- , 3/4'RARp!SEAYICC LIVE "16 4r JAEA L _ D cokhE n)m MAN EUCLID ROAD u C.O. (D !/a.Mn'ER AMR (50' R/W) Ln PROPOSED 6'PUBLIC w Q Z3- MJ_TI-PURPOSE -6 QI pl TRAIL EASEMENT lEEi NY®I... F, 3 F-A Ln C 0 In (D go � F, m lD m --Proposed Building Renderings E o "— t= od c cr c— ii E z ID F IMr�rwrr �— Al mat LOa�a 'r k CID . r • may N v a i ¢ m Z),u cv G =n m E r .� E _ K Shakilah Verner Agenda Items 5 & 6 page 12 of 19 Proposed Building Renderings i its i w z t PIT Yl %c v Shakilah Verner Agenda Items 5 & 6 page 13 of 19 Proposed Building Renderings w a a`• j� � ,zK p TM t mt,a 3yt CV /<D U W J LO t. Shakilah Verner Agenda Items 5 & 6 page 14 of 19 Proposed Building Renderings i 0�3Iji i-i ail �i ,? ;t 1,, j t }iid 134i x i ' t i� fit LU i #atlas:. _ I (D � a )aO !¢!3 !j rya } $ s P _ z Shakilah Verner Agenda Items 5 & 6 page 15 of 19 Site • • T -A f 1P' ��`k�'�4 A^•• J"' �,p�, � 4 �{� `'� Ar# {ant' �1`�'� r.�as..� .ice+iF} �. �44 -44 y,r :. ..^:�. ..... «x f� Ru�—'�r.x>'fo...d'S'^P•"r„ +^b .�.:�.�,�'.2ee"= "Y �b �` �� 44. Shakilah Verner Agenda Items S & 6 page 16 of 19 Disclosure Disclosure VIRGINIA V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Shakilah Verner Is Applicant also the Owner of the subject property? YesO No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®No(F) If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®Noe If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoQ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement rev. May 2024 page 1 of 3 Shakilah Verner Agenda Items 5 & 6 page 17 of 19 Disclosure SECTION APPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 © Brian Meekins Architect/Land Planner Construction Contractor O O Adelina Escamilla,Don Weeks Engineer/Surveyor/Agent Q Q Issam Baraki/CECS Legal Services Q Q GradyAPalmer,WilliamsMullen 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. Shakilah Verner 516-�lIellf4: 08/11/2025 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 thotshould 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): 2/25/2026 Marchelle L. Coleman 2/25/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Shakilah Verner Agenda Items 5 & 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. Shakilah Verner Agenda Items 5 & 6 page 19 of 19 Prepared by and return to: Grady A. Palmer.(VSB N 45730) Williams Mullen 222 Central Park,Ave. Suite 1700 Virginia Beach,VA 23462 Shakilah Verner, a Virginia Beach resident TO (PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia GPIN: 14771360340000 AGREEMENT 11,w, THIS AGREEMENT("Agreement") is made as of the day of �� AK-5, by and between SHAKILAH VERNER, (together with its successors and/or assigns, the "Grantor"), to be indexed as grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"; together with the Owner, collectively, the"Parties"), to be indexed as grantee. WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach,Virginia identified by GPIN No. 14771360340000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the "Property"); WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R 7.5 Residential District to A-18 Apartment District; WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, to be incorporated as a pant of the previously adopted amendment to the Zoning Map; WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a 1 subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid_pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns,grantees and other successors in interest or title, namely: l. Upon development, the Property shall adhere to the site layout,parking configuration, building design, setbacks, dimensions,sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for 4916 Euclid Road," dated December 18, 2025 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Conimurrity Development, incorporated herein by reference. 2. When the Property is developed, it will have no more than three(3) 3-Story residential units in one(]) single building, with each unit containing a minimum of 2,091 square feet 2 of enclosed living area. The residential units labeled 1 through 3 as depicted on the Concept Plan shall have front-entry one (1) car garages and driveways. Each unit shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the four(4) building renderings for 4916 Euclid Road dated 12/16/2025, which have been incorporated by reference into this proffer. 3. In lieu of the 50%maximum lot coverage and the 20,000 sq ft minimum lot area in the A-18 zoning classification for multi-family dwellings pursuant to Section 602(d) of the Zoning Ordinance, (66%) lot coverage and 7,744 sq ft mininttmr lot area will be permitted to allow improvements depicted on the Concept Plan. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia ("CZO"), in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach,Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property oil the map and that the 3 ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement constitutes the full and entire agreement between the Parties with regard to the subject matter hereof and supersedes any other prior promises,representations or warranties {oral or otherwise}made by any person. IN WITNESS WHEREOF, the Parties have authorized and duly executed and delivered this Agreement as of the date first above written. GRANTOR: Shakilah Verner , By: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing Agreement was acknowledged before me in the jurisdiction `aforesaid this O day of bete loe-r , 2025,by Shakilah Verner. My commission expires: Noye", Jir Notary Registration No.: t7 MARIA C.PATSIOURAS comminion No."2426617 , z' NOURYPVBUC-CAIIFORNIA'v Notary Public SAN 61EO C6UNTV. �4 � ` Commission Expires NovemW.19,,2026 ��Q v�1^ C 'A, ✓1 T 4 Exhibit A ALL THAT certain lot, piece or parcel of land,situate in the City of Virginia Beach, State of Virginia, being known,numbered, and designated as Lot Four(4), in Block One(1),as shown on the plat of Pocahontas Village,which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at Page 7, save and except the northwesterly 2.56 Feet thereof which was conveyed by deed recorded in the aforesaid Clerk's Office in Deed Book 728,at page 468. 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On Oecem�eC 1025 before me, Maria C. Patsiouras, Notary Public c i 1` (insert name and title of the officer) personally appeared c !�l"16� e Tr1 of who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. — WIA C PATSIOURAS WITNESS my hand and official seal. CommissbnNo 2426617 > NOTARY PUBLI C UFORNIA SAN DIEG9 CUNTV. ocomm4w'ExPQesNUverpDBr 19,2026 Signature Gf7�1Q (Seal) Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #5 & 6 Shakilah Verner Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation,and you may remain in the meeting either virtually or in person, but you are free to leave. The next order of business is our regular agenda. Madam Clerk,we are ready for the first item. Clerk: Our first items are five and six, Shakilah Verner. Mr. Coston: Please state your name for the record. Ms. Verner: Shakilah Verner. Good afternoon, Chairman, Madam Vice Chair, and honorable members of the Planning Commission. I am here regarding my Conditional rRezoning for District 4. Before I speak about the zoning,I'd like to briefly share who I am. I am a military veteran who served on active duty, where I rose through the ranks and earned the trust of both my junior and senior sailors alike. I take responsibility and trust seriously, and the goal is to earn your trust, as I did in the military. And to earn the trust of the neighbors and the community members who will live beside this development. With your support,I hope to create a vibrant and strong residential structure,one that demonstrates how a redeveloped lot can embrace positive change and set a standard for future infill development. Public input and the city's vision for the comprehensive plan did not happen overnight. Since May of 2023, there has been over two years of public input, dialogue with residents, and engagement with community leaders. Through that process,the direction was clear,built above the green line. That direction mirrors the city's own planning work,which is the draft 2040 Comprehensive plan. The comprehensive plan has been shaped through a multi-year, multi-phase public engagement process that has included more than 80 stakeholder meetings, multiple speak up VB surveys, 10 focus groups, nine open houses, and seven Planning commission workshops. Throughout that process, residents ask for inward growth, upward density, strategic growth areas, and strong connectivity, especially north of the Green Line. The city's own Comprehensive Planning Administrator, Mr. Hank Morrison stated, resident and stakeholder input on their vision for Virginia Beach's future has been crucial in drafting the plan. This further demonstrates the public outreach and the collaborative effort that was used to define the goals for redevelopment of District 4. For it to be more compact, walkable, connected, while increasing density upwards to meet today's housing needs. Additionally, conditional rezoning is the better option for this proposal, because it's important to consider the alternative. By right, I could build a two-story, 35-foot tall, single-family home with more lot coverage than many of the older 1,200-square-foot homes built in that area in the 60s. That home would not include easements for a bike trail, a multi-use trail, or a new five-foot sidewalk. -It would contribute to urban sprawl and go against the comprehensive Plan's vision, which discourages single-family home development. On page 154. It would not advance strategic growth area goals of District 4. It would not meaningfully increase mixed-use housing options. It would be self-serving and not. Give back to the community. I will argue that we can do better. By building three units on this parcel,we are demonstrating a balanced approach to SGA 4's goals, while increasing density upwards by approximately 66%. This proposal offers a real and practical expression of the city's long-term intent for the Central Business District expansion, low to mid- rise, diverse housing types,affordable across all income levels,human-scale density upwards that support the housing demand, has multimodal transportation options, supports attainability, and assists in tax stability. There's a shortage of attainable home ownership opportunities for residents who earn too much to qualify for subsidized rental products, but too little to enter a traditional single-family for-sale market. This project helps fulfill a real and recognized gap. To illustrate that reality, I would respectfully reference a letter I received from Ms. Sharon Shoff, housing development manager for housing and neighborhood Preservation, who wrote, I don't think you will have any problem selling. There is such a dearth of affordable home ownership opportunities and attainable homes. When you get closer, please let me know what the sales prices are. We are hoping to have a down payment and closing cost assistance available for next year for home buyers. And it would be helpful to provide some inventory of housing units qualified buyers may be able to afford with our assistance. I would add to that there are many reports that local city workers to include teachers, nurses,janitorial workers, etc. are unable to find affordable, attainable houses within the city, making it difficult to retain those workers. Clearly,creating housing is a multi-pronged approach. I understand that one development won't solve the housing gap, however, it will undoubtedly be a contribution to what's needed now. Regarding compatibility, and from my research, compatibility cannot be reduced solely to height and scale. Compatibility means that two uses or development can coexist harmoniously, side by side, without conflict or disruption. It does not mean that they must be architectural identical. I have provided to the planning staff several communities in which similar developments currently exist throughout the city of Virginia Beach. Where the scale is higher and lower, yet they have coexisted for years, harmoniously and without affecting public safety and welfare. Keeping in mind,this site is near the entrance of Pocahontas Village,where diverse residential and commercial uses already exist in the immediate vicinity. The city has approved Grand Lake Apartments, another commercial project just one and a half miles away from this development. So, from a broader planning standpoint, this area is transitioning, not from residential to commercial, but from single purpose to multi-purpose. We don't get any more land,we only get more people. Seniors are living longer, we must evolve. Lastly, I would like to share that my team and I approach this proposal as a serious and thoughtful redevelopment. That team includes the highly respected civil engineer, Mr.Asam Baraki, architect and structural engineer,Mr. Brian Meekins, Land Use Attorney, Mr. Grady Palmer, a real estate attorney, and a survey team. Together,we examine the property in detail and work diligently on a proposal that is revitalizing, accessible, functional, more energy efficient, and contributes to a better quality of life and attainable for several families. I hope the information I have provided here today further demonstrates how the proposal aligns with public input, the 2040 Comprehensive Plan, SGA IV goals, attainability needs, and responsible in field development. I respectfully ask for your support. So,we can continue growing upward and inward, above the green line, and in a way that advances the goals of our neighborhoods and our city. Thank you for your time, your services to the citizens of Virginia Beach, and for your thoughtful consideration. I appreciate it. Thank you. Mr. Coston: Thank you. Please stay there for a moment. Are there any questions from any of the commissioners? Mr. Plumlee: Thank you, Mr. Chair. Ms.Verner,with regards to this development, you've had a number of encounters with the residents to talk over your plan. Can you explain that to us? Ms.Verner: So, yes, sir. Ultimately,when we began making arrangements and plans, I reached out to adjacent neighbors to the left and right,across the street, and I also visited the local church where Pastor Jay is there, and they welcomed me to engage with the parishioners there. Throughout those conversations,I had a couple people provide letters of support,which was given the planning staff. And then I had several couple neighbors who felt that. You know, this is just something that they don't want here,you know, it's change, is change isn't easy for anyone. And as a result, you know, they reached out to other neighbors and said, hey, you know, let's get together to oppose this project. After that occurred,I spoke to more neighbors. And at the end of the day,you know,their concern and opposition wasn't rooted, in fact. There were things like, you know, this may reduce my property value, is going to increase traffic. You know,other developers will want to come and do the same thing. So what I intended to do,and what I tried to do,was to acknowledge their concerns, because, again, I do understand changes are challenging, and at the same time, refute, you know, their opposition. The reality is, is that this is a single development. So, in my mind, I explained to them how it's not going to change,you know,their property values at this point. Property values are individualized until the community is redeveloped more as a whole or a particular area. So, I tried to explain that. Additionally, when they mentioned, you know, our taxes will go up, you know, I explained that, since 2021, City Council has voted to reduce taxes on property, going from $1.01. This was in 2021. In 2022 through 2024, taxes on property were reduced to $0.99 per$100. And as of 25 and 26,the tax rate on property values are 97 cents. And I haven't seen anything recently where council is looking to change that as far as taxes are concerned. So again, you know, I did have those discussions additionally regarding the parking and as far as the street traffic. I explained that actually, if you look at the plan that the civil engineers came up with and architectural engineers,I will argue that this plan is safer for parking, ingress,and egress more than any other home in the area. The reality is that you can actually pull in and turn around, and pull out onto a 35 mile per hour street,vice bagging out directly into a 35 mile per hour street. So,when they had the parking concerns,again,those were things that I certainly wanted to address. And back to the original statement, again, some of them has just changed. You know, we just don't want this here. It's new. We want, you know, what we've always been used to. So, sir, I did try to address their concerns. Mr. Plumlee: Thank you. Ms. Verner: Yes, sir. Mr. Coston: Commissioner Cromwell. Mr. Cromwell: Could you go over again? Your statement that you said something about the single-family residences were not recommended on page 154? Ms. Verner: Yes, sir. That is exactly what I said. Correct. Would you like for me to read that entire section? Mr. Cromwell: Is that in the zoning ordinances or what document are you referring to? Ms. Verner: In the comprehensive plan. Would you like for me to give you? I think I have it in the back. Mr.Cromwell: Quick synopsis,I mean,what's it? Is it in reference to all single-family dwellings or in your area specifically/ Ms.Verner: Particularly in SGA 4. That's a great question,particularly in SGA 4, in the Central Business District of the comprehensive plan. That is correct for that growth area, where density should be increased upward with the mixed use of developments. Since they want the mixed use of developments per the Comprehensive Plan SGA 4,that is the reason why single-family infield development is discouraged. Mr. Cromwell: Thank you. Ms. Verner: Yes, sir. Mr. Coston: No other questions? You may be seated. Madam Clerk, do we have any speakers for this item? Clerk: Yes, we have two speakers for this item. Edward Abete, followed by Justin James. Mr. Coston: Please state your name for the record. Mr. Abete: I'm Edward Abete. I live at 4924 Euclid Road. It's two lots down from the owner. I wish I had her gift for Gab, and right now I am nervous. Ms. Hippen: Can you speak up,please? Mr.Abete: Is that better? Ms. Hippen: Yes. Mr. Abete: Okay. So, I'm Edward Abate, and I live at 4924 Euclid Road, two lots down from the owner that just spoke. I wish I had her gift of Gab. I'm opposed to the variances that are being asked, and there are two of them. I was wondering if the electrical impact has been studied for adding these three apartments. Also, if there is a sewage impact, if that's been studied. Back in December, we had a medical issue at our house and it clogged our sewage system. That's how bad we were using it. So, I'm wondering if these three apartments, or whatever they're called are going to go individually into the city sewer system. Or if they are going to join together before they actually go into the sewer system. If one of those, if that main line gets clogged, all three apartments are going to suffer there. So I just want to make sure that that is being addressed. The parking issue where they showed. The front view of the apartment. They put it up there. It does show two cars per unit. The house,or the lot to the left of me,has three cars on there. We've got one because we're retired. The house to the right of me, which is between us and the lot in question, has five cars on it. The way they were showing it on the picture, they're showing two cars per unit, that's not realistic. Most everybody's going to have at least three cars. That means you're going to smack at least one of those cars behind one of the other two. That's going to make it hard. You cannot park on the street on our block, the only parking allowed on the street is one block over. This whole neighborhood is set for single-family dwelling, and they're trying to put three families in one lot. The placard,there was two placards that were put on there,there was a second one that was put on later. So the first one is asking for a variance to build a three-story triplex. Again,the whole neighborhood is single-family dwelling. The second placard asks for a deviation or a variance,because the lot is not a normal size. It is smaller than allowed. Mr. Coston: Your time has expired. We have three minutes. Just stand there for a minute. Do any of the commissioners have any questions? Thank you,you may be seated. Clerk: Our final speaker is Justin James. Mr.James: How y'all doing today? Mr. Coston: Alright,please state your name for the record. Mr. James: Justin James. I live at 4905 Euclid Road. I went around door-to-door, and about 9 out of 10 houses opposed this petition. Would y'all like to see that? Ms.Alcock: If you want to,bring it over here. Mr. James: I didn't have time to walk around because I work 78 hours a week. I lived there 15 years. I have no opposition to her building a normal house there, but most people in our neighborhood are elderly or whatever. So,what else do I want to say? Basically,I do contracting for a living and anything three stories is really hard to maintenance. With the lot being as small as it is, you have to put a ladder in someone else's yard just to work on it. And there's a lot of traffic on our road and it's a beautiful neighborhood that's,you know,just little houses. I have a bigger house,but,and just like I said,I out of 34 doors,or out of 40 doors I knocked on,34 opposed it. So, if I had time and got to go around the whole neighborhood,probably would have been,you know,a huge number. And everybody works,so a lot of people wanted to come,but they couldn't. So, I'm here on a lot of people's behalf. Mr. Coston: Thank you. Mr.James: That's about it. Mr. Coston: Are there any questions? Mr.James: Thank you for your time, sir. Mr. Coston: Okay,you may be seated. Mr.James: Thank you. Mr. Coston: Chair would like to open the floor for discussion or motion. Excuse me. Where did the applicant go? Ms. Verner: Yes, sir. Mr. Coston: You may rebut. Ms. Verner: Thanks for mentioning it. I spoke to Mr. Ed. In fact, we had a great conversation when I met him in the area. He's actually one of the residents that we had, again, great conversation. A couple of his concerns, sewer concern. As far as the homes, we've already worked with the city and planning. Each home will have their own water-sewer connection, and they will be connected to stormwater individually. There were no concerns that came up regarding any backups or anything like that. Additionally, parking, he did mention about the neighbor next to him having three vehicles, another neighbor having five vehicles. We have provided with a garage and also two outdoor parking spaces. So, each home will have three spaces for parking. And again, safety, I will argue that it is will be safer the way the parking plan is set up as of now. He also mentioned three families on one lot. So,this the feasibility of that, and again, I think it's just being informed again back to the SGA 4 and the comprehensive plan, the feasibility of the three families on one lot, is we able to do that based on the density upwards. So if we were building horizontally, then I could understand his concern. But we are building up so it allows us to safely and structurally sound build three stories going upwards. And additionally for the whole neighborhood, he mentioned as being a single-family dwelling primarily, I would actually agree with that assessment,however,this particular area where the lot is at is very diverse. Again, we have a mobile home lot, which is within 50 feet. We have two-story ranches, which don't look similar when we talk about scale and height to other homes in the area. We have another single family with an extension that is two stories. Mrs. Maureen and her family, they're great people, but they decided to do something different, and that's okay. So,this particular area, and within 300 feet of the property that we're proposing this development,there's also a parking lot and other industrial areas. So when we speak to just a single-family dwelling area, that's not exactly true when we consider this lot, this property, and the location. Additionally, we had the other gentleman, I think he stepped out. I've never spoken with him before,but I appreciate his input. Again, I've engaged with many of the residents. So,I'm happy when they come up and address things so I can address their concerns. He mentioned single- family concerns, single-family community. That was one of his concerns. And then smaller homes. So, what I would say to that is, you know, a lot of those homes are smaller. They were built in the 1960s. And since I've had a lot of public engagement, I will share that. One of the neighbors directly next door had a husband that was ill, and he passed away. And the challenge is that before he passed away, he wasn't feeling well. He was unable to navigate the kitchen because the area was too narrow. So, we've been able to come up with building standards that allows people to have more adaptability, flexibility, accessibility, where we can make doorways wider, we can make homes more energy efficient, more insulated. There's even another scenario, and this pain, the neighbor, like she was, you could see, you know,just the pain she felt of not being able to assist her husband. Again,I shared with some of the neighbors how we can create ramps. That is an aging--there are a lot of older senior citizens in that area. We can build ramps to help them. You know,there are some who have window air conditioning units. We can give them a mini split. So again, it can't, it really comes down to an education factor. Like,well,we're doing this. We want to do this with this property, but you can do it too. And we can help you live better and have better quality of life. So, is that something they're interested in doing? That's fine. But again, we just want to educate them on this specific project of what's going on with this specifically. Mr. Coston: Thank you. Thank you. Are there any questions for our applicant? You may be seated. Then we'll open the floor for a motion or discussion. Ms. Byler: Thank you, Chair Coston. So this is in District 4, the district that I represent. I'm very familiar with the road, and I've spent a lot of time working on the new comprehensive plan, As have my fellow commissioners, and many of you have been involved also. And I will say that we do try to compromise. We try to retain the character of established neighborhoods, but then we're also trying to move forward into the future. And, in particular Town Center, Cleveland Street,Euclid Road are part of a transition area. We all know that attainable housing is a real issue in Virginia Beach,especially,in my opinion,I can't back this up,but I feel it's especially a problem in Town Center, because to have affordable housing in an area where you could walk, bike, or Comfortably get to work at Town Center is going to be a real issue. The prices of the homes over there. If this project, if this application was in the middle of this neighborhood in Arrowhead, I would feel 100% differently. But it is not in the middle. It is the very outskirt. It is not on a residential road. It's not on a 25 mile an hour road. It's on Euclid, which is highly trafficked by a lot of vehicles, and not just people going to and from their homes. It's 35 miles an hour and you've got shopping centers along there. Most of them are, I don't mean any disrespect,but they're aging shopping centers and they're going to need to be transitioned into something that's better use for the land planning of Virginia Beach. So, to take an empty lot and put homes for three new families at reasonable, attainable prices, to me is a good thing. If we don't approve this and she does a by-right build, we could lose all of the things that she's already offered. She's met and exceeded everything the city staff has asked in terms of the multi-use path out front and the fencing and everything else. So, for those reasons and others, I support the application and I make a motion that we approve it. Ms. Hippen: Second. I would like to speak on that. Okay. So, in the informal session, I asked the question, what was the difference between this property and the next property we're going to talk about? Because essentially what it is, is there are two places where they're putting, as we called them in Philly, row homes. Okay. Right now, this property is bringing the city, not very much in the way of revenue. I was told that the difference between the two properties was that this one had some deficiencies in the standards that were required. Specifically, it's deficient 22 feet in lot width and two and a half feet in street line frontage. The existing character of the neighborhood, I would like to agree with Commissioner Byler that where this is in that development is different if it were in the middle of the development. Because as I stood on the front of the property facing the street,I looked and I saw the trailer park. I looked and I saw commercial places, and homes that did not look alike. They were a single family, but they didn't all look alike. There were single-story homes, ranches. There were two-story homes and so on, and so forth. So, with that, looking at it that way, looking at the fact that we do need attainable housing, and this SGA recommends the Row Home style, I support this. Mr. Coston: Any other comments? Commissioner Camp? Mr. Camp: Thank you, Mr. Chair. I want to commend the applicant for the litany of things that have been cited, both in the staff report and verbally here. And in addition to that, I want to commend the applicant for understanding both the spirit of the Comprehensive plan,the SGA plan. As well as specific citations. Thank you for the homework you did on this,to try to say that your application fits into this vision for our city. I also want to commend you as an individual. Many people hire council to come and present contentious and challenging proposals. You've stood here yourself and done this with advisors on your team,but to me,that is no small thing for a private individual. To come up,master these technical details, speak to them, field the questions that you don't necessarily know are coming. Same thing with the city staff. I have heard from staff on a number of departments about the way you interacted with them and attempting to accommodate their concerns. You are a most unusual, in a good way, applicant. And thank you for coming to this commission so prepared and having done your homework. Now, all of that said,I do want to explain my vote. I've said many times that I look at certain key issues on these applications, and in this particular case,the amount of a small lot that your proposal will be covering with pavement and with the homes, the normal standard for this type is 35% of the lot. Your project asks us to waive that and cover 66%of the lot. That's not a small deviation. In many occasions, I've looked at these and said,well, it's close, or there's a reason for it. There's a lake next to it, or some other doggone thing. In this case, I can't find one of those reasons that would allow me to go from 35% coverage to 66%. I'm mindful of our stormwater problems. I'm mindful of the need for families and kids,the kind of people you want to attack to your homes,to have a yard to play in. And so,for that reason, I'm unable to vote for this particular application. But I didn't want to just push the button today and say no without saying all of the other things. And I really want to encourage you to take the idea for this home and put it on a slightly bigger lot somewhere else in our city. We need the kind of thing you're proposing. It just doesn't fit in this square. So please don't waste your investment in all this. Find that property and put it on it and do it again and again. Thank you very much. Mr. Coston: Mr. Mauch. Mr. Mauch: Just looking to get a little bit of clarification. I know she had referenced the comprehensive plan and how it fits in, and staff is recommending that it does not fit in. I was just looking to get that clarification for the page that she had cited and how that was incorporated within the staff report. Mr. Coston: So,you want her to come back? Mr. Mauch: No, I was looking for clarification from staff. Ms. Alcock: Okay. So, I was trying to look and find the specific reference in terms of the page 154. 1 was not able to find that, so happy to get that from her,if necessary. In terms of what staff, our comprehensive planning staff has looked at with the Pembroke SGA plan, which is still adopted by reference in the COMP plan, the central density study, that is a part of that plan. Specific to the site does not recommend any increase in density or changes from the current pattern of development. So,while the larger recommendations for the SGA would call for an increase in density specific to this site,you do not have those same recommendations. Mr. Mauch: Okay. And then I know that affordability has been mentioned, and I may have missed it, but I didn't know what the affordability factor was based off of, or how the this is actually affordable housing. This is my real question. So if anybody up here has that, or if staff was provided with that, I'd like that information. I know that it was projected as or portrayed as affordable housing. Ms. Royster: At this time, we do not know what the sales price would be, so it'd be hard to determine that. Mr. Mauch: Okay,thank you. Mr. Coston: But at this point,you can't sell them individually anyways, right? Ms. Royster: Yeah, I think it's so individual. Yes,they could be condoed and sold. Mr. Coston: So, you would have to rezone the property, right? Ms. Royster: That's the ask. Ms. Royster: Yes. Commissioner Plumlee. Mr.Plumlee: Thank you very much,Mr.Chair.,I think this is a very well thought out application in an area that has been shifting and not fully reaching, well, let's say it's exceeded. I've been driving down that road for 26 years, and this community has been what it is for that time. And I understand the pride that folks have with that neighborhood. It's tremendous to be able to have a place that you've resided for that length of time. But we have not just a housing problem. We have a housing crisis of ginormous proportions that we cannot deal with. In my district, District 6,we've had a tremendous number of these types of units. I'm not talking about a few. I'm talking about dozens,upon dozens of them. And I will tell you, the property owners that were holding onto their land up to that point in time were paid very well in order to change to another use. It did not decrease the value of their homes to see new units constructed adjacent to them. It did not damage. I won't identify the person,but I was just talking to a city employee today that works here every day and cannot afford to live in our city. Lives with their family. So,their family is subsidizing the ability of this person to work for you. That's astounding. That is an astounding problem. And I'm not saying these three units are going to solve it. We have to break its back, somehow. This isn't the appropriate SGA. It is appropriate, in my view with the COMP plan. And I appreciate those who disagree with me, but I'm going to support it. Mr. Coston: Any further discussion? Commissioner Anderson. Mr.Anderson: Thank you. I've said this several times, 37 years ago, I bought my first house in Pocahontas Village. It was a great neighborhood. Loved the neighbors. The single-family houses, of course, as Commissioner Plumlee says, I traveled Euclid Road. I was on the opposite side of the neighborhood. Loved it. My only issue is the height, even though it does fall within the 35 feet height. It's not going to change my view, but I am worried about the height of the property. You know how tall they are going to be versus the single family around there. With that said, the other parts of the application outweigh the height, especially since it does meet the requirement. So, I will be in favor. Mr. Coston: Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 8 to 3, items 5 and 6, Shakilah Verner, have been recommended for approval. Vote Tall Commission Member AYE 8 NAY 3 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch ix Proffers Proffer 1 Upon development, the Property shall adhere to the site layout, parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for 4916 Euclid Road," dated December 18, 2025 prepared by CECS (the "Concept Plan"). This Concept Plan has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. Proffer 2 When the Property is developed, it will have no more than three (3) 3-Story residential units in one(1) single building, with each unit containing a minimum of 2,091 square feet of enclosed living area. The residential units labeled 1 through 3 as depicted on the Concept Plan shall have front-entry one (1) car garages and driveways. Each unit shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the four (4) building renderings for 4916 Euclid Road dated 12/16/2025, which have been incorporated by reference into this proffer. Proffer 3 In lieu of the 50% maximum lot coverage and the 20,000 sq ft minimum lot area in the A-18 zoning classification for multi-family dwellings pursuant to Section 602(d) of the Zoning Ordinance, (66%) lot coverage and 7,744 sq ft minimum lot area will be permitted to allow improvements depicted on the Concept Plan. Proffer 4 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. OCTOBER 29, 2025 RICHARD A.WELLER AND HELEN D.WELLER 4920 ECULID ROAD VIRGINIA BEACH,VIRGINIA 23462 PHONE: (757)288-0767 PHONE: (757)589-9922 To Whom It May Concern, My name is Richard Weller, and I am a resident who lives directly adjacent to the site of the proposed new residential development. I am writing to express my strong support for this project and the positive improvements it will bring to our community. Over the past several years, our district has seen increasing interest in thoughtful growth, revitalization, and responsible residential expansion.This proposed development represents an exciting opportunity to enhance property values, beautify the neighborhood, and provide modern, desirable housing options. The plans presented show attention to design, landscaping, safety, and overall community benefit. As someone who lives immediately next to the project site, I have a direct and vested interest in ensuring that our neighborhood continues to improve. I am currently in discussions with the developer regarding a potential sale of my property,which would allow for further coordinated planning and additional enhancements to the surrounding area. I believe this collaborative approach will help ensure that future development remains consistent,well-designed, and beneficial to existing residents. It is rare to find developers who are willing to engage openly with neighbors and invest in long-term improvements.The developer's willingness to communicate, plan, and incorporate feedback has been sincere and appreciated. For these reasons, and many others, I fully support the approval and advancement of this project. Thank you for your time and consideration. I respectfully urge the reviewing board to approve this development so that our neighborhood may continue moving in a positive direction. Sincerely, Richard A.Weller Adjacent Property Owner Senoka and Subah Kotigala Octobor 20, 2026 4917 Euclid Road Virginia Beach. VA 23462 Email_ skotigala@gmail.com To Whom it May i oncorn We are writing as residents of Pocohontas Village to express our strong support for the proposed residential development Manned for 4916 Euclid Road. As neighbors who directly face the property, we believe this project will be aesthetically pleasing and will brine significant benefits to our area. Our city and community have a growing demand for quality housing, and this development represents a thoughtful response to a needed overhaul. The proposed homes are designed to meet the needs of current residents and will introduce new opportunities for families, professionals, and retirees to join and contribute to our local community. Beyond providing needed housing for our area, the project promises to enhance the overall environment by improving the current landscape, adding larger pedestrian walkways, creating more functional and modern housing, and by providing a close commute to the upcoming Virginia Beach Trait that intersects with Euclid Road. Developments like this encourage responsible growth and help maintain the vitality and diversity of our area. i We appreciate the developer's commitment to quality design and community engagement, and we are confident this project will make a positive and lasting i contribution to our city and the local area. We respectfully encourage the Planning Commission and City Council to approve the 4916 Euclid Road Development. Thank you for your consideration, Sincerely, i Seneka and Subah Ko i a From: Becky To: Marchelle L.Coleman Subject: Opposition to Proposed Triple Family Residence Property Development at 4916 Euclid Road,Virginia Beach Date: Tuesday,September 30,2025 4:59:03 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Department of Zoning and Permits, am writing regarding the application to construct a 3,000 sq.ft.triple-family residence on the property at 4916 Euclid Road in Virginia Beach. I respectfully would like to express my opposition to this proposal.This neighborhood is an older,well-established residential area located near Town Center and surrounded by commercial buildings.The proposed three- family residence does not align with the existing character or structure of the neighborhood.A development of this scale on such a small lot would be out of place and diminish the residential appeal of the area. In addition, a triple-family residence at 4916 Euclid Road would bring increased traffic and congestion to a street and community that are not designed for this level of density.The lot size is insufficient to support a three-family residence without creating strain on neighboring properties and local infrastructure. For these reasons, I believe the project would be an eyesore and a disruption to the neighborhood's balance and character. I strongly urge the department to consider these concerns and vote against this application. Thank you for your time and thoughtful consideration. Respectfully, Becky Abete 4924 EUCLID RD VIRGINIA BEACH VA 23462 E-Mail: happyface23me@verizon.net From: Carol Murray To: Marchelle L.Coleman Cc: Pat n Perry Rediaer Subject: 4916 Euclid Road,Pocahontas Village Date: Monday,October 6,2025 12:05:36 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. Ms.Coleman, I am writing to ask you to please disapprove the proposed building of a triplex residential building at 4916 Euclid Road.My elderly parents have lived at 4917 Klamath Road,which is the lot directly adjacent to the back of this property,since 1963.They raised a family of 3 children in this quiet,family-oriented neighborhood,and still enjoy living there.I welcome anyone wanting to rebuild on the subject lot in compliance with the existing single-family zoning restrictions.For years,my parents endured having a deteriorating abandoned house and overgrown lot right behind their home.They were very pleased to see the dilapidated home demolished and the lot cleaned up,but much their dismay,they learned about the buyer's plans to build a large triplex on the tiny lot. This planned triplex is incompatible with the Pocahontas Village concept.It will look out of place and could pose a traffic safety threat to the highly traveled narrow 2-lane Euclid Road. If this change is allowed,it could set a precedent and open the door for an avalanche of rezoning requests,which will quickly change the character of Pocahontas Village. Cheaply built apartment buildings are already popping up all over Virginia Beach and will quickly become eyesores if not well-maintained.We should strive to preserve the integrity and nostalgia of one of the oldest communities in our city. Thank you for your consideration. Carol R.Murray(mobile 757-515-9179) Daughter of Mr.and Mrs.Perry Rediger,4917 Klamath Road From: Chris Tanana To: Marchelle L.Coleman Subject: 4916 Euclid rd Date: Saturday,October 18,2025 1:39:15 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. 0 Wanted to voice my rejection to the planned construction of I believe is a 3tier structure on this property. I'm concerned of increased traffic;parking and property value. We need to uphold our zoning laws. Traffic is constant on Euclid rd. Having allowed Best Buy to move in years ago made it ten times worse! There's always congestion especially around the holidays. This proposed structure would make things worse. And I'm sure it would definitely be an eyesore. Thank you for your time in this matter. Sincerely Christine Tanana From: Danielle Mcauire To: Marchelle L.Coleman Subject: Concerns about rezoning 4916 Euclid Road Date: Wednesday,October 1,2025 5:18:33 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. I am writing to express my concern regarding the proposed rezoning of 4916 Euclid Road into a multi-structure family residence. To my knowledge, no one in our neighborhood was notified of this rezoning application, which is deeply troubling given the potential impact on our community. Such a lack of communication undermines transparency and denies residents the opportunity to engage in decisions that directly affect our community I would like Clarification on why nearby residents were not informed of this proposal. Additionally, I would appreciate information on when the public meeting at City Hall will be held regarding this rezoning, What steps residents may take to formally oppose this request. As a member of this community who values the integrity and stability of our neighborhood, I am opposed to rezoning of 4916 Euclid Road. Please let me know how I and my neighbors can participate in this process and ensure our voices are heard. Please provide information on how we may organize a formal protest against this proposal and what avenues are available to appeal or challenge it. Thank you for your time and attention to this important matter Sincerely, Danielle McGuire 129 Yaqui street From: Darren Murdock To: Marchelle L.Coleman Subject: 9916 Date: Wednesday,October 1,2025 2:38:31 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. Building a multifamily dwellig is a mistake build it in your neighbor hood From: David Smith To: Marchelle L.Coleman Subject: 4916 Euclid Road Date: Monday,November 17,2025 12:54:07 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. I am opposed to the rezoning of 4916 Euclid Road in the Pocahontas Village neighborhood. Thanks David W Smith 484 Cronin Road Virginia Beach, Virginia 23452 From: eabete(@verizon.net To: Marchelle L.Coleman Subject: Opposition to Proposed Triple Family Residence Property Development at 4916 Euclid Road,Virginia Beach Date: Wednesday,September 24,2025 11:38:52 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Department of Zoning and Permits, am writing regarding the application to construct a 3,000 sq.ft.triple-family residence on the property at 4916 Euclid Road in Virginia Beach. I respectfully would like to express my opposition to this proposal.This neighborhood is an older,well-established residential area located near Town Center and surrounded by commercial buildings.The proposed three- family residence does not align with the existing character or structure of the neighborhood.A development of this scale on such a small lot would be out of place and diminish the residential appeal of the area. In addition, a triple-family residence at 4916 Euclid Road would bring increased traffic and congestion to a street and community that are not designed for this level of density.The lot size is insufficient to support a three-family residence without creating strain on neighboring properties and local infrastructure. For these reasons, I believe the project would be an eyesore and a disruption to the neighborhood's balance and character. I strongly urge the department to consider these concerns and vote against this application. Thank you for your time and thoughtful consideration. Respectfully, Edward Abete III 4924 EUCLID RD VIRGINIA BEACH VA 23462 Phone: 757-383-3945 E-Mail: eabetel@verizon.net From: Eric Paul To: Marchelle L.Coleman Subject: Pending rezoning of 4916 Eudid Road Date: Saturday,October 11,2025 10:04:38 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. I live at 137 Yaqui Street and I strongly oppose the pending rezoning request.The lot in question was barely large enough to support the single family home that used to occupy the lot.Due to lack of on-street parking on the section of Euclid Road that lies in front of the vacant lot,there would be a great deal of difficulty handling all the vehicles that would come with a multifamily residence.I feel that this number of vehicles would be very impactful on the traffic flow on Euclid Road which can be very busy at various times during the workdays. Thanks Eric Paul 137 Yaqui Street From: Frank To: Marchelle L.Coleman Subject: 4916 Euclid Road Date: Tuesday,November 4,2025 2:18:19 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Marchelle, Thank you for the hard work you all are doing on the Planning Evaluation Coordination of these projects. I would like to register my personal complaint about the redistricting of this single family home lot, at 4916 Euclid Road, to a triplex. I'm against this action. Thank you, Frank Camarillo, VB resident From: iain klimsza To: Marchelle L.Coleman Subject: Opposition top triple family resident development @ 4916 Euclid Rd.23462 Date: Tuesday,September 30,2025 8:59:36 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. We are against this rezoning Multi family apartments would detrimental to this single family community I have lived here since 1985 and have seen young families move in & remodel there homes. This doesn't contribute to a neighborhood were people want to live and raise a family. Sincerely, Iain Klimsza Yahoo Mail: Seach. Organize, Conquer From: J Emory To: Marchelle L.Coleman Subject: 4916 Euclid Rd Date: Monday,September 15,2025 1:31:22 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. I'm writing this email due to concern about a recent zoning change request for the above listed property, from a single family residence to a multi-family residential structure, consisting of 3000 square feet, 3 family residence. I am requesting this change be denied. This structure will be nothing like the majority of the ranch style homes in our quaint little neighborhood. We have 2 story homes as well, but all are aesthetically cohesive with the ranch style homes, which, mostly are approximately 1200 square feet in size. This new construction will definitely stand out and detract from the beauty and integrity of our neighborhood and homes. I was informed by the owner of the property that the building she is proposing is too large to face the street, so it will be built sideways to accommodate the small lot of 7400 square feet(almost half of the lot size), clearly a huge building in comparison to the neighborhood structures already in existence. On a personal level, I live next to this lot, and this huge building will block the breezes I enjoy, and, since the old growth trees will be removed per the owner, my late afternoon shade will also be affected. I strongly urge that the single family zoning remain in place. Thank you for your time. Janet Emory From: Jeff Cartwright To: Marchelle L.Coleman Subject: Fwd:Rezoning for Multifamily homes in Pocahontas Village. Date: Sunday,November 9,2025 1:49:40 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. Please keep me informed of what happens with this Thanks. ----------Forwarded message ---------- From: Teaford Webber<teafordwebberaem� ailcom> Date: Wednesday, October 22,2025 Subject: Rezoning for Multifamily homes in Pocahontas Village. To:jeffacartwrightagmail.com Mr. and Mrs.Jeffrey A. Cartwright 4904 Euclid Road Virginia Beach, VA 23462 (Jeffacartwright c,r-mail.com] [10/22/2025] To the Virginia Beach City Council and Planning Commission Attn: Marchelle L. Coleman,Planning Evaluation Coordinator Department of Planning& Community Development. Proposed Zoning changes to Pocahontas Village Neighborhood: We are writing as homeowners at 4904 Euclid Road in Pocahontas Village to express our firm opposition to the proposed rezoning of our neighborhood from Single-Family Residential (R- 7.5)to Multifamily Residential(R-10 or higher). Our Pocahontas Village community has long been a peaceful, family-oriented neighborhood where homeowners take pride in maintaining their properties and building strong relationships with one another. Allowing multifamily development would fundamentally change the character and quality of life that make this area special. Our primary concerns are as follows: Traffic and Parking Strain: Euclid Road and adjacent streets are already narrow and frequently congested; multifamily housing would intensify this issue and increase safety risks. Infrastructure Overload: Local schools,utilities, and emergency services are not designed to accommodate higher-density living in this area. Property Value Impact: Rezoning could decrease property values and negatively affect long- time homeowners who have invested deeply in this community. Loss of Neighborhood Character: Pocahontas Village's quiet, single-family charm would be replaced by higher density, increased noise, and less stability. We support responsible growth for the City of Virginia Beach,but this proposal does not fit the established infrastructure or the community vision of Pocahontas Village. We respectfully urge the City Council and Planning Commission to preserve the current single-family zoning that protects the integrity of our neighborhood. Thank you for your time and for considering the concerns of your homeowners who care deeply about this community. Sincerely, Mr. and Mrs.Jeffrey A. Cartwright 4904 Euclid Road Virginia Beach, VA 23462 From: ikdakoeniaCalaol.com To: Marchelle L.Coleman Subject: Re:4916 Euclid Road,VaBch Date: Monday,September 15,2025 2:58:45 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. It has come to my attention that a developer would like to build a triplex at 4916 Euclid Road in my neighborhood, Pocahontas Village. Please consider turning down their application. This is an older neighborhood located near Town Center. Many homes that sell in this neighborhood are"flipped"and returned to market in a much better shape that increases the home values in the entire neighborhood. By building a triplex here, the home values would start to deteriorate and other developers would snatch at the opportunity to tear down houses and build homes that do not fit the character of the neighborhood. Before you know it, this area near Town Center would drop in value and increase in crime in an area of the city that is attempting to draw more upscale clientele. There are already numerous apartments and condos in this area; we need to retain a neighborhood of single-family homes as well. Please say"No!" Kathy Koenig 117 Onondaga Road From: Julianne Cariola To: Marchelle L.Coleman Subject: 4916 Euclid Rd Date: Monday,September 22,2025 2:09:23 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. Good afternoon, I am the current resident of 4904 Blackfoot circle in Virginia Beach in the neighborhood adjacent to 4916 Euclid Rd.It has come to my attention that the current empty lot is being requested to be zoned for a multi family home.I object adamantly to this as a small growing family living in this quaint and tight knit community.Having only lived here for 5 years this community is truly a hidden gem of Town Center with all the neighbors knowing each other and supporting each other.I believe communities like this must be protected to allow for more single family homes to continue to create and maintain the community support needed for young families to thrive.Allowing this lot to be utilized as a multi family home will open the door for money driven developers to take away affordable single family homes from young and growing families like mine.Thank you for listening to my concerns,I know that my neighbors would agree. Sincerely Kameron and Julianne Walters From: Linda Bell To: Marchelle L.Coleman Subject: Rezoning Date: Wednesday,October 1,2025 2:48:36 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. "I'm writing to express concern about potential zoning changing. This is a single family neighborhood, not multi. Rezoning would be a mistake. Respectfully, Linda Bell Sent from my Whone From: Mckenna Bushell To: Marchelle L.Coleman Subject: Rezoning Date: Tuesday,September 30,2025 9:59:53 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am a homeowner and strongly oppose the rezoning of 4916 Euclid Road. This development is incompatible with the single-family character of our neighborhood. I am concerned about the impact on traffic,parking, safety, and my property value. Please deny this rezoning application and uphold our current zoning laws. So your children can have a safe neighborhood to play and grow up in. Let's stand together to ensure responsible development that preserves the value and character of our community. From: Ricardo Luao To: Marchelle L.Coleman Subject: Opposition to refining Date: Tuesday,October 14,2025 7:23:59 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr Coleman I am a homeowner at Pocahontas Village I am strongly opposed to the rezoning of 4916 Euclid Road for the construction of a triplex. Respectfully Ricardo Lugo Sent from my iPhone From: Stephanie S Scott To: Marchelle L.Coleman Subject: No to zoning variance please on 4916 Euclid Road,VB,VA 23462 Date: Tuesday,September 23,2025 2:26:35 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. Short and sweet, 4916 Euclid Road, VB, VA 23462 Thoughtfully considered by me, living at 4928 Euclid Road, VB, VA 23462 photo Stephanie S Scott Tesla of Self Mastery Heroic Certified Coach 0_ ® J-9 M Mobile 757.477.1538 Email HealingHeartCafe0amail.com Website StephSScott.com Extension h tns:Hlinktr.ee/ssscott757REALTOR Create your own email signaturc h -� From: Theresa Will To: Marchelle L.Coleman Subject: Zoning change Date: Monday,September 22,2025 4:16:28 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello. I would like to voice my disagreement with a zoning change that would allow a 3 family structure on the lot at 4916 Euclid Rd. If we are to preserve our neighborhood the zoning change cannot be allowed. I believe that the zoning change would open a can of worms that would turn our neighborhood into a developers dream. Our single family dwellings create a quaint,old fashioned neighborhood that I believe should remain as it is. Thank you for your attention to this matter. Theresa Will 4912 theresawil1957(a gmailxom 757-376-1038 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:4916 Euclid Road Date: Friday,November 21,2025 9:32:12 AM From: Raquel Ricci<4raquelricciPgmail.com> Sent:Wednesday,August 27, 2025 8:06 PM To: Planning Board of Zoning Appeals<BZA(@vbgov.com> Subject:4916 Euclid Road 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. Subject: Opposition to Proposed Triple Family Residence Property YDevelopment at 4916 Euclid Road. Virginia Beach Dear Department of Zoning and Permits, I am writing regarding the application to construct a 3,000 sq. ft.triple family residence on the property at 4916 Euclid Road in Virginia Beach.As both a REALTORS who works throughout this community and a concerned resident, I would like to respectfully express my opposition to this proposal. This neighborhood is an older,well-established residential area located near Town Center and surrounded by commercial buildings. The proposed three-family residence does not align with the existing character or structure of the neighborhood. A development of this scale on such a small lot would stand out inappropriately and diminish the residential appeal of the area. In addition, a triple family residence at 4916 Euclid Road would bring increased traffic and congestion to a street and community that were not designed for this level of density. The lot size is simply insufficient to support a three-family residence without creating strain on neighboring properties and local infrastructure. For these reasons, I believe the project would be an eyesore and a disruption to the balance and character of the neighborhood. I strongly urge the department to consider these concerns and vote against this application. Thank you for your time and thoughtful consideration. Respectfully, Raquel Ricci, REALTOR° Concerned Resident of Virginia Beach/Pocahontas Village Raquel Ricci, REALTORCR) ABR,SRS,MRP,CSP,GRI,RESA CSA, PSA, AHWD,SRES Luxury Collection Specialist Circle of Excellence Licensed REALTOR in Virginia & North Carolina Berkshire Hathaway HomeServices RW Towne Realty 1215 Volvo Parkway Chesapeake.VA 23320 Office 757-549-2000 Cell 757-679-2456 www.raquetricci.com What's Your Home Worth? Get three automated Estimates- Instantly No cost, and no obligation http://bhhstowne.findbuyers.com/Raquel Ricci Disclaimer: j IMPORTANT WIRE FRAUD NOTICE: Never trust wiring instructions sent via email.Cyber criminals are hacking email accounts and sending entails with fake wiring instructions.These entails are convincing and sophisticated.Always independently confirm wiring instructions in person or via telephone call to a trusted and verified phone number.Never wire money without double-checking that the wiring instructions are correct. ©2025 BHH Affiliates,LLC.An independently owned and operated franchisee of BHH Affiliates,LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of HomeServices of America,Inc.®Equal Housing Opportunity.Information not verified or guaranteed.If your home is currently listed with a Broker,this is not intended as a solicitation. From: Shelly Rankin To: Marchelle L.Coleman Subject: Rezoning 4916 Euclid Road Date: Saturday,January 10,2026 6:41:02 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. Good evening, Members of the Planning Commission. My name is Shelly Rankin, and I live in the neighborhood near 4916 Euclid Road. I am here on behalf of many residents who respectfully request that you deny the rezoning request to change this property to A-18 Apartment zoning for a three-unit multifamily development. Our neighborhood has been established since the 1960s and is made up almost entirely of single-family ranch-style homes. Many of us have lived here 25 years or more, and we chose this area specifically because of its stable, low-density residential character. Approving this rezoning would be incompatible with the surrounding homes and would fundamentally change the character of our neighborhood. It introduces higher density in the middle of a long-standing single-family area and raises concerns about traffic,parking,noise, and property values. We are also concerned about the precedent this would set. Allowing multifamily zoning here could open the door to additional requests, gradually eroding the integrity of our neighborhood. We respectfully ask that you preserve the existing zoning,protect the character of our community,and deny this rezoning request. Thank you for your time and consideration. Shelly Rankin From: Shane Vassar To: Marchelle L.Coleman Subject: Proposed rezoning of 4916 Euclid Rd Date: Monday,January 12,2026 11:26:58 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir or Madam: I am a resident of Pocahontas Village, and I am absolutely and strongly opposed to the rezoning of the property at 4916 Euclid Rd from single family residential to multifamily apartment residential. If this rezoning is allowed, then it will ruin our neighborhood. My property already borders a noisy industrial park. Having the possibility of a next door neighbor build a three story apartment in the future is out of the question. Shane W. Vassar From: Jeneen Mchuah To: Marchelle L.Coleman Subject: Property located at 4916 Euclid Rd 23462 Date: Wednesday,January 14,2026 10:50:52 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Members of the Virginia Beach Zoning Commission, I am writing to formally express my opposition to the proposed multifamily development planned for the vacant parcel located at 4916 Euclid Rd, Virginia Beach, Va 23462, which is within my neighborhood (Pocahontas Village). I am a longtime resident of this community and have a strong interest in preserving the established character, safety, and livability of our area. Our neighborhood has long been designated and developed as single-family residential. The homes, infrastructure, and community layout were designed with that intent in mind. Introducing a multifamily or apartment-style development into this setting is inconsistent with the existing zoning character and would represent a significant departure from the surrounding land use. This proposed development raises several concerns, including but not limited to increased traffic congestion, parking strain, noise, and potential impacts on public services and infrastructure that were not designed to accommodate higher-density housing. Additionally, a multifamily property would alter the overall character and cohesion of the neighborhood, potentially affecting property values and residents' quality of life. The vacant parcel in question has always been understood by residents to be part of a single- family residential environment. Allowing a higher-density development in this location sets a precedent that undermines the integrity of zoning decisions and the expectations of homeowners who invested in this community based on its current designation. I respectfully urge the Zoning Commission to consider the long-term impacts of this proposal and to uphold the established zoning intent by denying approval for this multifamily development. Maintaining consistent land use planning is essential to protecting neighborhoods like ours and ensuring thoughtful, sustainable growth for Virginia Beach. Thank you for your time and consideration. I appreciate the opportunity to provide input on this matter. Respectfully yours, Jeneen R. McHugh 128 Yaqui St. Virginia Beach, Va 23462 (757)763-9733 Sent from my Whone From: Beverly Boyce To: Marchelle L.Coleman Subject: 4916 Euclid Rd. Date: Monday,January 19,2026 9:48:10 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am Beverly boy so I live at 4905 Conestoga Road Virginia Beach Virginia 23462 I oppose having approval to put three family homes in this neighborhood I've been here since 1963 this is a very quiet nice neighborhood we don't want it destroyed with a whole bunch of triple Apartments thank you �Ell From: Jeffery Boyce To: Marchelle L.Coleman Subject: 4916 Euclid Rd. Date: Monday,January 19,2026 7:52:25 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. We lived in Pocahontas Village since 1963. What a beautiful neighborhood! If this multi- family is built,will be the beginning of the end for our modest neighborhood! Please don't approve this! Thank You,Jeffery Boyce R5R(SD) R7.5(SD) z°� m �o R5R 2 a L B2(SD) B2(SD) FIRE 04 EMS Olt- Chesapeake Beach ® site Atlantic East Builders, LLC M zoning 2221 Greenwell Road, Units C & B, 2223 Greenwell Road, 2223 w J [71 Property Polygons Greenwell Road, Unit B S Feet 0 15 30 60 90 120 Map created by Planning Department on 2/26/2026 ro kSF �hc� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC EAST BUILDERS, LLC [Applicant] GREEN SHORE LLC [Property Owner] Conditional Rezoning (R-5R Residential Resort District to Conditional A-12 Apartment District) for the property located at 2221 Greenwell Road, Units C & B, 2223 Greenwell Road, 2223 Greenwell Road, Unit B (GPIN 1479674686 & 1479673674). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking a Conditional Rezoning from R-5R Residential Resort District to Conditional A-12 Apartment District in order to construct six condominium units, resulting in an overall density of 11 .25 units per acre. The 23,269 square foot site is currently developed with a duplex dwelling on one lot and a triplex dwelling on the other lot. The proposed six units will be constructed across two, 3-story buildings, each with a maximum height of 35 feet. Each unit will include an attached one-car garage and a two-car driveway, satisfying the minimum parking requirement. Along the property line shared with the adjacent duplex dwellings to the north, there is a proposed 10-foot-wide vegetated buffer with Category IV landscaping and the retention of an existing 4-foot-tall fence. Additionally, a 6-foot-tall white vinyl fence is proposed along the south and west property lines. Although the City's Active Transportation Plan recommends a minimum 11-foot-wide shared use path be installed along the Greenwell Road frontage, due to site constraints, the applicant is proposing to install a 6-foot wide sidewalk in its place. ■ Considerations: The property is located in the Shore Drive Corridor Overlay, where the City aims to preserve and enhance the corridor's character. There is a mixture of residential uses, including duplexes, multi-family, and townhouses within the vicinity of the subject site. The prevalent apartment districts are A-12 and A-18, which permit densities of 12 and 18 units per acre, respectively. The proffered layout meets the parking, setbacks, height and lot coverage requirements of the Zoning Ordinance. There were two speakers in opposition at the Planning Commission hearing, citing concerns about increased traffic, parking issues, flooding, and increased density. Two additional speakers were present at the Planning Commission hearing and took a neutral stance on the request. Four letters of opposition were also received about the request, expressing concerns related to increased traffic, parking, Atlantic East Builders, LLC Page 2 of 3 density, and impact to the neighborhood. Since the property is located within the Shore Drive Corridor Overlay District, the proposal was presented to the Bayfront Advisory Commission (BAC) on November 20, 2025. The Commission found the proposal to be consistent with the surrounding area and voted unanimously to support approval of the application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 11, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Proffer 1 When the Property is redeveloped, it shall be improved with six (6) residential townhome condominium units with fencing, landscaping, access and parking substantially as shown on the two (2) exhibits entitled "GREENWELL RESIDENTIAL CONCEPT 2221 &2223 GREENWELL ROAD, VIRGINIA BEACH- REZONING EXHIBIT", dated 06/30/2025, REV, DATE: DEC. 31, 2025, and "GREENWELL RESIDENTIAL CONCEPT 2221 & 2223 GREENWELL ROAD, VIRGINIA BEACH- REZONING EXHIBIT- LANDSCAPE PLAN", dated 6-30-2025, REV. DATE: DEC. 31, 2025, prepared by WPL, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter"Concept Plan" and "Landscape Plan"). Proffer 2 The architectural design and features along with the exterior building materials and colors of the buildings depicted on the Concept Plan will be as depicted, designated and described on the exhibits entitled, "TRIPLEX @ GREENWELL RD. EXTERIOR ELEVATIONS", Sheet P4 and Sheet P5 dated July 1, 2025, prepared by Mayfield Designs, Inc., and "RENDERING - TRIPLEX@ GREENWELL RD.", dated June 30, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (the "Elevations" and "Rendering"). Proffer 3 When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted Atlantic East Builders, LLC Page 3 of 3 on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0- J City Manager: VAIU Agenda A•• Builders, LLC Prope • Shore CouncilPlanning Commission Public Hearing: February 11, 2026 V_B� City 1 District • Project Details Request Conditional Rezoning (R-511 Residential Resort r District to Conditional A-12 Apartment District) w y f. RD & _io WOOD ). m BEACH t Staff Recommendation INDG —� Approval e1�1 1 ' PARAGON ERO_ 1 __ U ww TNORNO\KE GT �NOr Staff Planner Cr Alexis Bailey �R FR \5 WOS", G",'."C -A'A CT D 5 Location DOWNEAST p 9k ?D J FIICKA CT CT p t!S 2221 Greenwell Road, Units C & B, 2223 Greenwell a = o o ( v Road, 2223 Greenwell Road, Unit B y u FREEDOM CT D GPIN 3 a 1479674686, 1479673674 °¢ Site Size 23,269 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Duplex& multi-family dwellings/ R-SR Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-511 Residential South Fire station/ R-5R Residential East Greenwell Road Religious use/ R-5R Residential '; West Northampton Boulevard Multi-family dwellings/A-24 Apartment Atlantic East Builders, LLC Agenda Item 7 page 1 of 17 Background SummaryofProposal • The applicant is requesting to rezone this 23,269 square foot parcel from R-5R Residential Resort District to Conditional A-12 Apartment District to develop the site with a six-unit condominium development, resulting in an overall density of 11.25 units per acre. • The 23,269 square foot site is in the Shore Drive Corridor Overlay District and is currently developed with a duplex on one lot and a triplex on the other lot. • As depicted on the proffered conceptual site plan, the proposal depicts two buildings, each consisting of three units.The proposed three-story buildings will be 35 feet in height, and include a one-car garage and a two-car driveway for each unit. • Vehicular access to each unit would come from a single shared drive off Greenwell Road, with two guest parking spaces at the end of the drive as depicted on the proffered conceptual site plan.The proposed development meets the minimum of two off-street parking spaces per unit required by the Zoning Ordinance. • The proffered conceptual site plan depicts a lot coverage of 38%, thereby satisfying the 40% maximum lot coverage permitted for multiple-family dwellings as specified in Section 602(d) of the Zoning Ordinance. • Along the property line shared with the adjacent [begin strikethrough] SiRgle family [end strikethrough] duplex dwellings to the north, the proffered concept plan shows a 10-foot-wide vegetated buffer with Category IV landscaping and the retention of an existing 4-foot-tall fence. Additionally, a 6-foot-tall white vinyl fence is proposed along the south and west property lines. The proffered concept plan also includes a 6-foot wide sidewalk and streetscape landscaping along the Greenwell Road frontage. A detailed review of the landscaping requirements will occur during the formal site plan review. • As shown in the proffered building elevations, the proposed buildings will be finished with materials consisting of premium vinyl siding, board & batten siding, standing seam metal roofing, and 30-year architectural shingles. Atlantic East Builders, LLC Agenda Item 7 page 2 of 17 Zoning # Request CUP (Communication Tower) Approved ! 11/18/2008 1" m R5R(.S,l 2 a Bz(SD) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance EvaluationRecommendation The request to conditionally rezone the property from R-5R Residential Resort District to Conditional A-12 Apartment District to develop a six-unit condominium development is, in Staffs opinion, acceptable. The property is located in the Shore Drive Corridor Overlay, where the City aims to preserve and enhance the corridor's character.There is a mixture of residential uses, including duplexes, multi-family, and townhouses within the vicinity of the subject site.The prevalent apartment districts are A-12 and A-18, which permit densities of 12 and 18 units per acre, respectively. The six units on this parcel equate to just under 12 units per acre, which is consistent with the neighboring apartment districts.The proposed development meets the parking, setbacks, and lot coverage requirements of the Zoning Ordinance. To buffer the neighboring residences to the north, the applicant has proposed a ten-foot-wide landscape buffer along the entire northern property line, as required by the Ordinance, as well the retention of an existing 4- foot-tall fence. Additional landscaping and screening proposed includes street frontage plantings along Greenwell Road and a 6-foot-tall privacy fence along the western and southern property lines. Atlantic East Builders, LLC Agenda Item 7 page 3 of 17 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 have a negative impact on the current student enrollment. The Active Transportation Plan calls for the installation of an eleven-to twelve-foot-wide Shared Use Path along this portion of Greenwell Road.The applicant has indicated there would be difficulties with installing the Shared Use Path due to the impact on the overall layout of the project; however, the applicant has proposed the installation of a 6-foot-wide sidewalk along Greenwell Road. Since this property is located within the Shore Drive Corridor Overlay District, the applicant appeared before the Bayfront Advisory Commission (BAC) on November 20, 2025, to brief the Commission on the proposal. The Commission found the proposal to be consistent with the surrounding area and voted unanimously to support the application. Staff find the proposed density is in keeping with the general character of the surrounding area.The proposed elevations incorporate coastal elements in to the design without attempting to emulate oceanfront design, which is an appropriate balance for the Shore Drive Corridor Overlay. Based on these considerations, Staff recommends approval of this application, subject to the proffers provided. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When the Property is redeveloped, it shall be improved with six (6) residential townhome condominium units with fencing, landscaping, access and parking substantially as shown on the two (2) exhibits entitled "GREENWELL RESIDENTIAL CONCEPT 2221 & 2223 GREENWELL ROAD, VIRGINIA BEACH-REZONING EXHIBIT", dated 06/30/2025, REV, DATE: DEC. 31, 2025, and "GREENWELL RESIDENTIAL CONCEPT 2221 & 2223 GREENWELL ROAD, VIRGINIA BEACH- REZONING EXHIBIT- LANDSCAPE PLAN", dated 6-30-2025, REV. DATE: DEC. 31, 2025, prepared by WPL, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter "Concept Plan" and "Landscape Plan"). Proffer The architectural design and features along with the exterior building materials and colors of the buildings depicted on the Concept Plan will be as depicted, designated and described on the exhibits entitled, "TRIPLEX @ GREENWELL RD. EXTERIOR ELEVATIONS", Sheet P4 and Sheet P5 dated July 1, 2025, prepared by Mayfield Designs, Inc., and "RENDERING -TRIPLEX@ GREENWELL RD.", dated June 30, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (the "Elevations" and "Rendering"). Atlantic East Builders, LLC Agenda Item 7 page 4 of 17 Proffer When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty (30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area.The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information This site falls within the Suburban Area of the Shore Drive Overlay. A principle for this area is to create and maintain neighborhood stability and sustainability. (p.1-60, Comprehensive Plan Policy Document) Infrastructure should be created and maintained to enhance connectivity and mobility regardless of mode of transportation. (p.1-60, Comprehensive Plan Policy Document) As refurbishment and new construction occur, design and construction should protect, restore, and enhance the areas unique character as a residential community. (p.15, Shore Drive Corridor Plan) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historical or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name = rPresen#llalurn Present Capary G�net�aed Traffic A Existing Land Use 2—36 ADT Greenwell Road No Data Available 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-43 ADT 1 Average Daily Trips Atlantic East Builders, LLC Agenda Item 7 page 5 of 17 'As defined by a 'As defined by a 6 'LOS = Level of duplex and 3 multi- multi-family units Service family units Master Transportation Plan(MTP)and Capital improvement Program(C/P) Greenwell Road in the vicinity of this site is a two-lane local street. This section of Greenwell Road is not addressed in the MTP. There are currently no CIP projects scheduled for Greenwell Road in the vicinity of this site. Active Transportation Plan The Active Transportation Plan specifies a sidepath along Greenwell Road in this location. Sidepaths are a minimum of 11' wide, preferably 12', and can be located at the back of curb. Public Utility Impacts Water City water is currently connected to the site. There is an existing 8-inch city water main along Greenwell Road. Sewer City sanitary sewer is currently connected to the site. There is an existing 8-inch city sanitary sewer gravity main along Greenwell Road.There is an existing 8-inch city sanitary sewer force main along Greenwell Road. There is an existing 1.5-inch private sanitary sewer force main along Greenwell Road. PublicOutreach Information Planning Commission • The applicant's representative met with the Chesapeake Beach Civic League on November 17, 2025 to discuss the details of the request. According to the applicant's representative, there were no objections to the proposal. • The applicant's representative met with the Bayfront Advisory Commission on November 20, 2025 to discuss the details of the request. The Commission found the proposal to be consistent with the surrounding area and voted unanimously to support the application. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. Atlantic East Builders, LLC Agenda Item 7 page 6 of 17 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Atlantic East Builders,LLC Agenda Item 7 page 7 of 17 R The eapographic information depicted hereon was emblished hom W { acomposite of aerul photography GIS r ds and informaton provMed by N4rs.ACCURACY IS NOT GUARANTEED. NW.—e-to be field veri Rad prbr tp use hereof. E YASIATC 2227GREENW£LL ROAD sa;ixyphxr - ZONEDR-SR RESIDENTIAL 2225 GRE£NWELL ROAD "N'nraxAxL ZONED R-5R RESIDENTIAL a . u PROPOSED 8' U _ 2,368 Sr 6ADEYYALK/TRA/L 0 TOBE/ASTALLEO U PARKING SPACE SYOEVELO^ER L IMPERIOUS < In 1: W W V1M2 ENLEF 6'hEEACE.NIE Nn•aA*r mn 1 � �' 2 TYP T— „p ' = OH z~ GRAPHIC SCALE v C r rrr� 5, r t UN?A UNIT8 UN?C UN/TD UNITE UN/TF ~ k Q)m [L 30'X 3T 30'X 3T 30'X 37' 30'X 37' 30'X 37' 30'X 37 I` m ,a.rr{ 1[ 1,OB0 SF 1,080 SF 1,080 SF 1,080 SF 1,080 SF 1,080 SF n SFD aw NYAC 1111MOMIl 5 SITE STATISTICS UMF.TVR JPAYEMEW EXPANSt7NAND PROPERTY DESCRIPTION. 2221 8 2223 GREF7/Nf1L ROAD coo;TO BE a GPM 1/79-67-a68663674 NSULLIDBY (SHORE DRIVE ESTATES LOT A 6,480 SF ° R 12,4423 SQ FTI BUILDING ISHORE DRIVE ESTATES LOT 8 10,11 SQ PCI IMPERWOUS CURRENT PROPERTY ZONING: R-A PROPOSED PROPERTY ZONING: CONDITIONAL A,12 APARTMENT +�i•�avoaan 12 UNITS PER ACRE(6 UNITS) MULTLFAMILY RESIDENTIAL - PROPOSED BUILDING SE78ALK5: 3(f FRONT WRGINM BEACHFIRE d EMS 10'SIDE STA77I IT BEAR I-DEVIATION REQUEST) CHESAPEAIKEBEACH -w TOTAL PROPERTY AREA: 23,267 SQUARE FEET ZONED BZ .�n: ArwYsxsc: D AUONARLF LOT COOERAGE /0% 9.3D6 SF rF PROPOSED LOT COIEERl 38.0% 8,848 SF REQUIRED PARKING' 12 SPACES 2150112 PROYDFD PARKING: 20 SPACB 6'WHITE VINYL FENCE DETAL m :. 14 FULL SI2E«6 GARAGE a DI- CP-1 REV DATE:DEC.31,2025 PLAN STATUS'CONCEPT PLAN ED Q (D 00 _ o (D 3 r- v v fr1 A topographic Informazipn deemed hereon was es,aWlshed from a omposlte of aeflal photography CIS records and Iftrmadon c provided by others ACCURACY K NOT GUARANTEED. NF a • "leasurtments to M field YedRed prlor 1.use hereof. 2227 GREENWELL ROAD ZONEOR-5RRESIDENTML 2225 GREENWELL ROAD ZONED R-SR RESIDENTIAL � � z • 10'WDTHCA7EG0RYIVLANOSCAPE Z BUFFER U Q (THE OWNER{MLL U77LIZE THE <o 0 EXISTING FENCING AND LANDSCAPING z AND SHALL PROWDEADD17IONAL ZZi g PLANNNGSASREOUIRED TOESTABLISH p5 • A� R ANEFFECTIVECA TEGORYIV m LANDSCAPE BUFFER) i GRAPHIC-SCALE o 99 o i` � ��L--. pl �l C-'I ,�t, �✓N4 I f- _I��� � 7 V K P UNIT A UNIT B UNIT C UNIT D UNtT E UNIT F ;. 30'X32" 30'X37' 30'X37 30'X37' 30'X3T' 30'X37'T m° M 6 1,080 Sr f,080 SF 1,080 Sr 1,080 Sr 1.080 SF f,080 a PLANTING BED W/SHREDDED H4RDl4V0DMULCH TYP. \-- TURF LAWN TYP. eor�`aj1,w CONCEPT PLANT SCHEDULE ._. RanmRo,lam�ewlw VLRGINIA BEACH FIRES EMS i 1fiAe a SM TOM 4 CHESAPEAKE BEACH ZONED B-1 +nl.ww .. mtY�_ A.G-it51 Pk2ROMl11•LI1MaNOMf r '; Wr D -.�E:,,a�u.n,,l•I,�:�a�pa•RlaRat .a<.,,,EI. � us-ol u AA• u-a,u`i•.wc.-Aura.Nai..TL M_7REaK AA 1w.Y;M D CP-1 NP M REV DATE:DEC.31,M1 PLAN STATUS:CONCEPT PLAN %:•-'- -- _ L� O (D n Proposed Elevations xouvn= 'CM TEM[am @ M-1-ru n \� •oxi`sx�is�a a���xv�® �� a ��il� FRTR EB i fl I R s �4t d ® U1 3 ® I �� ® I j z 4 � Atlantic East Builders, LLC Agenda Item 7 page 10 of 17 Proposed Elevabons MAS 14 It t Mi IL LN all Atlantic East Builders, LL[ Agenda Item 7 page llot17 Proposed Renderings -71 71 + �!•. Q� 1 � I -_ 1 v: - _ _.__�N - fr AtlanticuEast Buiilders, LLC Agenda Item 7 page 12 of 17 Site Photos At Y � y 4 t.. ` Disclosure VIRGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Atlantic East Builders, LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso No@ If no, Property Owner must complete SECTION 2.PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes 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 all officers,directors,members,or trustees below AND businesses that have cr parent-subsidiary'or affiliated business entity z relationship with the applicont.(Attach list if necessary.) Conor Mclnturff,Manager Does the subject property have a proposed or pending purchaser? Yes • No if yes,name proposed or pending purchaser: Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: 17,e Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity 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 0 cross-collateralization,etc.) to be determined Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Atlantic East Builders, LLC Agenda Item 7 page 14 of 17 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner 0 0 Tim Mayfield,Mayfield Design Architects Construction Contractor _ 0 Engineer/Surveyor/Agent 0 0 Brad Marlin.WPL Legal Services O 0 R.Edward Bourdon.Jr.,Esq Sykes,Bourdon,Ahern&Levy,P.0 APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.1 understand that upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public ody or committee in connection with this application. Conor Mclnturff, Manager t� 7�i�ZotS Applicant Name(Print) A p p I dant natu a Date -'"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores 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): 2/24/2026 Alexis Bailey 2/24/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Atlantic East Builders, LLC Agenda Item 7 page 15 of 17 SECTIONDisclosure Statement - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: os listed on application Green Shore LLC, a Virginia limited liability company 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 1 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) FMclnturff,Manager;Kurt Reighard,Member Does the subject property have a proposed or pending purchaser? Yes@ NoO if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No Q if yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O @ cross-collateralization,etc.) Real Estate Broker/Agent/Realtor @ Accounting/Tax Return Preparation @ Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Atlantic East Builders,LLC Engineer/Surveyor/Agent 0 Legal Services (�) Q Donald L.Coleman,III,Coleman&Coleman,PLC PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. 4�. Conor Mclnturff, Manager ✓` 01/09/2026 Property Owner Name(Print) _47ropertVOwrler ignature Date Disclosure Statement I rev. May-2024 page 3 of 3 Atlantic East Builders, LLC Agenda Item 7 page 16 of 17 • 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. Atlantic East Builders, LLC Agenda Item 7 page 17 of 17 ATLANTIC EAST BUILDERS, LLC,a Virginia limited liability company GREEN SHORE LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 91h day of January,2026,by and between ATLANTIC EAST BUILDERS, LLC,a Virginia limited liability company,party of the first part, Grantor; GREEN SHORE LLC,a Virginia limited liability company,party of the second part,Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantee,party of the thud part. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) parcels of property located in the City of Virginia Beach,Virginia,containing approximately 23,269 square feet as more particularly described as "PARCEL ONE" and "PARCEL TWO " on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels as described on Exhibit"A" are herein collectively referred to as the"Property";and WHEREAS, the party of the first part 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 R5-R Residential District to Conditional A-12 Apartment District;and GPIN: 1479-67-4686-0000 LOT A 1479-67-3674-0000 LOT B Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bon-ney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE, the Grantors,their successors,personal representatives,assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or guid >l Lo to for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped,it shall be improved with six (6) residential townlhome condominium units with fencing, landscaping, access and parking substantially as shown on the two (2) exhibits entitled "GREENWELL RESIDENTIAL CONCEPT 2221 & 2223 GREENWELL ROAD,VIRGINIA BEACH-REZONING EXHIBIT", dated 06/30/2025, REV, DATE: DEC. 31, 2025, and "GREENWELL RESIDENTIAL CONCEPT 2221 & 2223 2 GREENWELL ROAD,VIRGINIA BEACH-REZONING EXHIBIT- LANDSCAPE PLAN", dated 6-30-2025, REV. DATE: DEC. 31, 2025, prepared by WPL,which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter"Concept Plan" and"Landscape Plan"). 2. The architectural design and features along with the exterior building materials and colors of the buildings depicted on the Concept Plan will be as depicted, designated and described on the exhibits entitled, "TRIPLEX Q GREENWELL RD. EXTERIOR ELEVATIONS',Sheet P4 and Sheet P5 dated July 1,2025, prepared by Mayfield Designs, Inc., and "RENDERING - TRIPLEX @ GREENWELL RD.", dated June 30, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Communnity Development and are incorporated herein by this reference(the'Elevations"and"Rendering"). 3. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty(30)days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces,common areas,landscaping and other improvements on the Property as depicted on the Concept Plan. Membership,by all residential unit owners,in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the A-12 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. 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 3 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 it court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Atlantic East Builders,LLC, a Virginia ' �ite�d Iiability company By: (SEAL) onor McInturff,k6ager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 9t"day of January,2026, by Conor Mclnturff, Manager of Atlantic East Builders, LLC, a Virginia limited liability company,Grantor, '4z-A- Notary Public °a`tttttiose,. My Commission Expires: August 31,2026 ®o�$` Notary Registration Number: 192628 ,�.•�P,.f''ooMt4 ?�•'G cs®p�•........ 1>®®®® Sal i WITNESS the following signature and seal: Grantor: Green Shore LLC, a Virginia 1' 'ted liability company ��T--By: (SEAL) Con or Mc huff,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 9th day of January, 2026, by Conor Mclnturff, Manager of Green Shore LLC, a Virginia limited liability company, Grantor. Notary Public R. • oa4`aNzi►► ►►BaP My Commission Expires: August 31, 2026 ®®�����P. ... Notary Registration Number: 192628 ooMMO;�ti'�y•' �Q -.t ®®�I�A�,',/NIA ,.• �off,, 6 EXHIBIT PARCEL ONE: All that certain Iot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot A,as shown on thatcertain platentitled"SUBDIVISION OF PART OF LOT 25, PLAT OF SHORE DRIVE ESTATES, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2378,at Page 336 GPIN: 1479-67-4686-0000 PARCEL TWO: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach,Virginia, and known,numbered and designated as Lot B, as shown on the plat entitled, "Subdivision of Part of Lot 25, Plat of Shore Drive Estates, Bayside Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed book 2378,at Page 338. GPIN: 1479-67-3674-0000 H:\AM\-Conditional Rezoning\-Atlantic East Builders\Proffer Agreement final 1-04-2026.docx 7 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #7 Atlantic East Builders Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 7, Atlantic East Builders,LLC. Mr. Bourdon: Eddie Burdon, Virginia Beach Attorney, representing Atlantic East Builders. Connor -- the principal of Atlantic East, is here this afternoon. The application involves two existing assembled parcels, one of which has a triplex on it and the other has a duplex on it. The triplex is a legally non-conforming use that's been on the property for decades and decades. It is adjacent to a B2 property on Shore Drive, which used to be the host of a gas station and for a number of years, has been the beautiful new Chesapeake Beach Fire Department. The properties directly adjacent to the north are two very similar lot and flag lot with duplexes on each, and then north of that are two additional lots,flag lots with duplexes and two more after that flag lot,regular lot with duplexes. The request is something that we've seen along Shore Drive for many, many, many decades. Bob Scott used to,you know,be very proud of the fact that we get a lot of organic redevelopment, redevelopment that doesn't require a redevelopment housing authority, doesn't require taxpayer funding. And increases the desirability of the area, and in some cases increases the density substantially, in other cases modestly, in other cases marginally. And that's what this is. This is a request to, these two duplexes have, if they're not functionally obsolete, and at the end of their useful life,they're pretty darn close. This redevelopment of these two assembled parcels to create six units where there have been five for decades, and modern units that are attractive, units that will be certainly not a negative to the gateway to this community off of Greenwell Road that is principally single family and will remain single family, I believe for longer than most of us will be here. And this doesn't change that dynamic really at all. The units each will have a garage, each will have two parking spaces, and there are also two guest parking spaces. The parcel is rezoning conditional A 12 with proffers, proffered plan, everything. You've seen it. You've reviewed it. You've been advised by staff about it. There's,there are no deficiencies here. There's,you know, the property backs up to the on-ramp to North Hampton Boulevard. And it just doesn't, it doesn't have a negative effect on the on the adjacent properties. And having the fire station next door isn't a bad, isn't a bad deal,either. So the application has been recommended for approval. I'll kind of correct something, I met with the Chesapeake Beach Civic League in October on another application for Brickel,which you all heard a few months ago on Pleasure House Road,and at that hearing or that meeting,there was discussion that was entered into about this application as well. At that point,there were some people who had some concerns about it, some good friends that are here today to express those concerns. November, I went to the meeting and presented. I didn't actually present this plan because it wasn't in final form. In November, I presented it. Again, it wasn't quite in final form, but you wouldn't know the differences. One of them is a six-foot sidewalk,which I'll talk about. But at that meeting,there wasn't any real discussion. I just went through everything, gave them the plans, and had some good conversation with Pastor Rob afterwards. There were a lot of other things on the agenda,but I offered to come back after I went to them that night, after I went to the Bayfront Advisory Commission, which we went later that week, and then they endorsed it. We finalized the plans. I sent the plans to the Civic League and offered to come back again in January, and they didn't have a meeting in January, and so that's where we are. So I didn't want, it kind of sounds like in the write-up, it says there were no objections. Well, there were no objections in November, and we didn't have another meeting, but the plan hasn't changed. There's no surprises here, and we've had conversations since then, but not at a Civic League meeting. These units will be somewhere price-wise mid-4 to mid-5 per unit, a huge increase. I mean, it's a not that other places aren't desirable, but it's certainly a desirable neighborhood, desirable area, but it's the kind of redevelopment that Virginia Beach is blessed to have a lot of and has for decades had a lot of, and that's the thing we don't want to lose sight of. We have issues sometimes, and I know a lot of people in this community very well, from back to high school, with how much density and what have you. But this to me, is not one of those. Because this is very reasonable,doesn't change dramatically that the character. And to the extent that it changes, it's a betterment,not a detriment. So,with that,be happy to answer any questions and appreciate the opportunity to respond after the other speakers. Mr. Coston: Any questions? Ms. Hippen: Hi, Mr. Bourdon. How are you doing? Mr. Bourdon: How are you? Ms. Hippen: I'm doing well. So you said these are going to go from 400k to 500K. Mr. Bourdon: 400k to 500K, maybe a little above, depending upon the location. Ms.Hippen: Okay. The reason why I ask is because we were just talking about attainable housing and so on and so forth. And the fact that we've got folks that, you know,we do need this. Don't get me wrong. We do need this. But the pricing, you're killing me, okay? And the reason, like I said last, for the lady on Euclid, my question was, what was the difference between this project and her project? Yours is going to be built on two separate lots. Hers is going to be built on one. Correct? Mr. Bourdon: No, these lots will be combined into one property, and it will be a Condominium form of ownership. So each of the six units will have an individual owner occupied. We've proffered that they have to keep the garages as garages. You can't convert into living space and no short-term rentals. Of course,they're not allowed there at this point anyway,but the condition that's enforced by the condo association, there's no rentals for less than 30 days, which is the standard provision. Ms.Hippen: Okay. You answered the other question. Mr.Bourdon: I'm sorry, I didn't get into that,and I apologize. But yeah,these are for sale units that should be owner occupied. Ms.Hippen: Thank you. You answered the other question. Mr. Bourdon: Thank you. Mr. Coston: Any other questions? Mr. Bourdon: Thank you for the question. Mr. Coston: Madam Clerk, do we have speakers? Clerk: Yes, we do. Our first speaker is Reverend Rob Edwards, followed by Matt Baumgarten. Thank you. Mr.Edwards: Good afternoon. My name is Rob Edwards. I am here in my capacity as the pastor of the Bayside Christian Church, located directly across the street from the property in question at 2224 Greenwell Road. Over the past few weeks, I've spent several hours in conversation with representatives both from the Civic League and the council for the Applicant, and I understand that this may look simple on the surface. Yes, it brings needed improvement to property, and no one's questioning that what is there is perfect. It needs improvement. However, I think the decision before you is much bigger than a nice plan on paper, and a whole lot more than just a fresh coat of paint or a nicely landscaped dry vials. It's about the long-term sustainability and viability in our community. It takes away five units of affordable rental housing. Affordable is questionable. It's a HUD definition. It's got a problem. But it is supposedly affordable rental housing and replaces it with six units of unattainable, owner-occupied housing. So on the surface, there is a lot to commend it, and I want to cheer those things. But it may seem odd that I'm not fully on board in support. I'm also not fully against it. I would rather ask you to take a 50-year view backwards and forward, because the real issue here is upzoning. Other than Vantage Apartments, which is accessed from Shore Drive, there have never been any properties on the east side of Northampton Boulevard with a zoning. Chicks Beach, historically on the east side, historically been single-family dwellings. First, single-family homes, beach cottages and bungalows, and, in recent years, some duplexes and townhouses that were owner- occupied. Granting A-12 zoning opens the door that cannot be closed. We have experienced that on the west side of the Chicks Beach neighborhood,with what came to this group as the Windsong redevelopment. If you look at the Pleasure House Road corridor between Shore Drive and the Old fire station now coming up brewing,you can see the kind of shift that can occur in a neighborhood once the door is open for this. These things have a way of shifting, of creeping, of growing, in spite of succinct proffers and sincere promises. So what you decide today will shape the future of Chicks Beach for generations, for ages, years to come. Inviting adjacent properties into the same highest and best use pressure put on them by opportunistic and sometimes predatory developers. So I'm asking you today to take the long look. Don't just weigh the best use of one parcel or redevelopment of it,but consider the highest and best use for the entire community. Thank you very much. Mr. Coston: Thank you, sir. Are there any questions? Commissioner Plumlee? Mr.Plumlee: Thank you,Mr. Chair. Pastor,what are the number of acres for the site where the church is located? Mr. Edwards: I'm going to say, in the neighborhood of two acres, I don't know exactly. Mr. Plumlee: How many parishioners, if you don't mind me asking? Mr. Edwards: We have 21 active parishioners, but we do share our space with another parish. So there are two parishes meeting in our space. Mr. Coston: Thank you very much. Mr.Edwards: Thank you. Mr. Coston: Any other questions? Thank you, sir. You may be seated. Clerk: Our next speaker is Matt Baumgarten, followed by Kathy Damon. Mr. Coston: Please state your name for the record. Mr. Baumgarten: Matt Baumgarten. Good afternoon, Chairman Coston and members of the Planning Commission. My name is Matt Baumgarten. I've lived on Bayview Avenue in Chesapeake Beach for the past 20 years. I chair the Chesapeake Beach Civic League's Architectural Preservation and Zoning Committee. I am not speaking in support or opposition of this case,nor am I speaking on behalf of the Civic League. I just want to be clear. I'm here today to let you know that there seems to be a growing opposition towards this case at the beach. This may seem a bit last minute, which is why I came here today to explain why this has come about now. Since July of last year, our focus in Chicks Beach has been on the 2421 Pleasure House Road. Rezoning of a single-family residence zoned R-7.5 to conditional A-18 and the 2453 Beaufort Avenue subdivision of a 1945 single-family residence, zoned R-7.5 into three lots. These two cases took a ton of attention and effort on behalf of the Civic League leadership and the members. Thanks to these efforts, as well as the willingness of the two developers to meet us in the middle, we were able to create a win-win solution for both sides. Speaking of sides,both of these projects were on the west side of Chicks Beach. You see, Chicks Beach is really two distinct neighborhoods, created in the late 1950s by the construction of the Chesapeake Bay Bridge Tunnel. East-siders are different than west-siders. Our one neighborhood has two very different and distinct characters. Restaurants,cottages,single- family homes make up the east side. Apartment complexes, both small and huge, fill the south end of the west side, while lakefront homes fill the north side. We first learned of the West Side case on Greenwell Road when Mr. Bourdon presented the case to the Civic League back in November of'25. Not much discussion ensued around Chicks Beach afterwards,probably due to the holidays. And we had a change of leadership in our civic league,but now here we are, in February of'26, before you all. New information, new opinions, and a solid argument from some old-timers creates the question, is conditional A-12 good for the East side? Will it set a precedent for future A-12 or perhaps A-18 projects to be launched on the east side? Forcing increased density and traffic upon those residents. Right now,what I'm hearing from some neighbors is that the leading suggestion/request is for this commission to keep the two properties, R-5R, and have the developer build new affordable duplexes. Our Civic League meets this coming Monday at Commonwealth Brewery at 7 p.m. And we'll be discussing the outcome of your decision here today. Thank you for your time. Mr. Coston: Are there any questions from the commissioners? Thank you. You may be seated. Clerk: Our next speaker is Kathy Damon, followed by Wally Damon. Mr. Coston: Well,please state your names for the record. Ms.Damon: Yes,my name is Kathy Damon. I live at 2242 Greenwell Road. I've lived there for 38 years. My comments are, I feel there's no need to rezone,which is currently five units. I think we should keep the R-5R,the duplex possibility,and instead of six units,keep four units. It would eliminate a lot of construction costs for the builder, and it would also allow them to obtain higher rents that are possible now. Again,just like we've heard before, rezoning leads to precedent set with many properties as you come into the neighborhood, that could change the neighborhood character. And we do have a significant lot size right behind our house of six acres that would be subject to rezoning, if you all were to consider it, which would add possibly a huge explosion of density. And it was broached to the Civic League years ago that this six acre lot be allowed to be developed into apartments by Breeden Company. It was proposed and opposed by our Civic League. Thank you. Mr.Damon: Hello, everybody. I'm Wally Damon. I used to sit on the BAC with one or two of you. My wife and I live at 2242 Greenwell Road,just north,by about 400 feet of this project here. On the other side of Greenwell,we live in where the second driveway is, in the second mailbox on the right. This proposed things on the first one on the left. I am against the zoning change. I'm against any zoning change in Chesapeake Beach because none of it does us any good whatsoever. We need your help. We need some help holding on to some of our homes that we have. We don't have any attached homes on Greenwell Road at all. Not one. We don't have anything like that they were proposing right now. We live on the right side. And the second home,the first home has one driveway, one home. The second driveway has one driveway, our home. The third one, one driveway, one home. The fourth one, the fifth one, the sixth one. The stuff on the other side is we have to,you know,pull out and drive with those people. Way too many houses on the other side. No one here has spoken about blocking the box where the fire department is. People go down and block the box all the time in front of the fire department. And those that don't block the box and sit back,they get passed by people who live in Bailey Pines or down by the bay. And if you sit there, you're going to get in a rear-end. I've seen one rear-end collision, okay? But it's going to happen worse and worse. And on this one driveway, they're going to have available 24 cars? Is that right? This is wrong to treat us like this. We need your help. Chesapeake Beach and the Northampton Boulevard and Shore Drive Exchange, whoever is sitting on this planning commission for the next 10 or 15 years,you're going to be going through a whole lot of not being able to understand what's going on. There is so much going on that we need your help with,especially something like this. This is going to do nothing but add to the chaos that we have in Chesapeake Beach, Thorndike Court, Paragon Court, Wood Beach Landing, they're all on the left-hand side. They're all detached homes. If these, if this was detached homes that were being built, I'd say, go ahead and go for it. But we got way too much going on. We need your help, ladies and gentlemen, in Chesapeake Beach. And that's about the most I can say right there. My background is construction management,by the way. Mr. Coston: Any questions from the commissioners? Thank you. Mr. Damon: You're welcome. Clerk: Our final speaker is Julie Ankles. Mr. Coston: So that was the last speaker,then? Clerk: Correct. Mr. Bourdon: Mr. Chairman, First of all, I want to thank both Pastor Rob and Matt, and Kathy and Wally, who Kathy and Wally have known for close to 50 years. A couple of things. The existing units that are there, five of them,they managed to get their cars in and out for as long as the fire station's been there, and I'm also fairly certain that the fire department now has a technology that if they get a call and they have to dispatch, they turn the light green to get the traffic off of Greenwell Road. Because they have that technology today, so I don't know to what degree that box that was put down when they first built the fire station is crucial. And one more unit is what we're talking about. These will be attainable for ownership purposes, but again, it's location,the first and third and second rule in real estate. The idea that a functionally obsolete, it's not going to be a situation where what's there now is going to do anything other than calling it affordable. It's not. Also, the kind of place you want people to live, and our job should be to both provide. As with the Concord Apartments, 100% affordable off Northampton Boulevard,a few miles west of here. That's where we have to do the affordable rental. But in terms of purchasing a home this close to Chesapeake Beach, that's what this is. It's attainable and it's long-lasting. It's, they maintain, it's not individuals maintaining, it's a condo association maintaining everything. So it's a great neighbor. This piece of property is the most deserving of an upzoning. It's adjacent to B-2, close to Shore Drive,and the on-ramp to Northampton Boulevard. As you get further into the neighborhood, it's all single family for the most part, if not, except for the ones that are adjacent to the north that I went through in the application. So I would assert that this sets the right precedent. Because nothing can be A-18 or A-24,any of those things,because those are going to be in the middle of a neighborhood. Unlike Pleasure House Road, which had A-18 and A-24 zoning all the way back in the late 60s and 70s, and that's 50, 60 years ago. So I do understand that the one rezoning for the Windsong apartments was a big problem for folks in that area,and I'm certainly not here to argue that they're wrong in that. This is a long way from that,a mile and a half away from that,and 100 miles in terms of what it actually is. But I'm going to finish with one thing that I know everybody here will agree upon. We all were not aware of this active transportation plan. And the Active Transportation Plan recommendation or requirement of a 12-foot slip lane from Shore Drive to Chesapeake Beach on Greenwell Road. Basically, a third lane of traffic, somehow that was going to be put on everybody's property who lived on Greenwell Road, on one side or the other. Because this one's on the west side. When you get up to the bridge tunnel,you can't even,there's no room for it. So it would be on the other side and have to take people's property and pave a 12-foot. They were nice enough in Parks and Rec to say that 11-foot would be okay. Pleasure House Road has brand new CIP, six-foot sidewalks. You know, I don't know where that came from. I don't think anybody in Chesapeake Beach or on Greenwell Road knows anything about that. And when it came as a comment on this application, I was flabbergasted. So anyway,we've got a six-foot sidewalk. Same thing,this will be on both sides of brand-new Pleasure House Road when that CIP is finished. I'm happy to answer any questions. Mr. Coston: Commissioner Plumlee? Mr.Plumlee: Mr.Bourdon,Mr.Baumgarten raised the issue of whether or not the neighborhood has been made aware sufficiently of this plan and been given an opportunity to weigh in, I'd like you to address that. Mr.Bourdon: I didn't hear that,but maybe that was the intent. I didn't hear Matt say that. This was discussed, as I said, in the October meeting of the Civic League, the first time when I was there to discuss the Brickell application on Pleasure House Road, similar A-12 rezoning. But at the time,there was some interpretation issues as to whether it was A-12 or A-18, and that applied to this piece of property as well. So, but it was discussed, even though it wasn't, you know, I didn't have the plans for it. It was a part of the conversation and it was a long conversation. I went back in in November and provided the plans and but again, that was a busy agenda. They were nice enough to accommodate me. And so I put all the information out there for everyone. And it was, you know, but they had to move along. So there wasn't a lot of feedback. We had some conversation afterwards, like I said, with Pastor Rob. After the Bayfront Advisory in December,we sent the final plans late December, early January. I thought it was late December and requested if they if they wanted, because in November I said I'll be happy to come back if the chance, if the plans change, or just come back on another meeting. And made that offer and submitted the final version of the plans. And the response was, you know, we don't have a meeting in January. So that, and that's where we are here today. Anyway, I don't really know what that's. I think everyone is aware of it in the community. And if that, if that's something that somebody wants to do, I guess we can go back and talk some more. Mr. Plumlee: But one follow up, sir, had there been consideration for duplex development as opposed to the current? And whether it would be compatible with these lots and how it would be configured? Mr. Bourdon: Well, the simple problem is economics. I mean, if you want to have -- I don't want to disparage anybody or anything,but you have to purchase five units that people are renting them, and then they're paying a good amount of rent and having to do that. And then to do all the things that none of that stuff meet the current code. So now we have what I think most of you have heard this before, you know, to get a plan approved and to meet today's requirements for stormwater, everything we're requiring, put a six foot wide sidewalk in, et cetera, et cetera. 24 to 25%of the cost is regulation and dealing with all of the process. That has to be done. So we, and things like the Active Transportation plan, slip lane, are things that just cause people to have to spend more time and more money to get to the point they can actually build something. So it just isn't feasible, is the reality. You know,you're going to wind up maintaining these older duplexes for,triplex and duplex for another,you know, 10 or 12 years. And at. And the longer it goes, the more likely what they're concerned about becomes a reality, is that you get higher density. Because we don't have a redevelopment housing authority, so how are we going to get there? And the way we've done it in the past for a long, long time is marginal, especially in properties like this that are somewhat compromised because of the location. Once you get, you know,a few hundred yards off of a short drive back on Greenwell Road,you know,you're in good shape. And that's why slip lane is not going to ever happen,in my opinion. But it's just economics. You can't make the numbers work because of all the cost involved in redeveloping. And they're substantial. It's not a greenfield redevelopment. We've got to tear everything down. There may be some asbestos in. I'm sure there probably is in some of the siding. So there's a lot of issues at the cost. And that's why most of the time you see this is a rarity to come in and ask for one more unit to do a new redevelopment. Ms. Hippen: I would like to speak dollars and cents. A 30-year fixed mortgage at $450,000, if you get a 6.5%or 7%mortgage,the payment,just principal and interest, is going to be $2,800 or $3,000 in that neighborhood. If a person is making$20 an hour,their gross income is going to be $3,200 a month. If they're making$30 an hour,their gross income is going to be$4,800. A house payment adds taxes, insurance, and in this case, it would add condo fees. I make the statement to pitch for attainable housing. Mr.Bourdon: I'll just simply say that it doesn't change your point at all, is that most purchasers, younger purchasers,this is what they might be able to afford if they have worked hard and saved their money and have a significant down payment that they can make. Or they have a parent or someone who will give them a second mortgage at a lower interest rate. Because that's this still, in this marketplace,in that area,that's,I mean,you move further down Greenwell Road,and again, unless it's a tear down or rebuild or something like that, it's even higher. So, I mean, it's all relative, but your point is well taken. Mr. Coston: Any more questions? Thank you, sir. Mr. Bourdon: Thank you. Mr. Coston: So we'll open the floor for discussion or motion. Commissioner Schoonover. Ms. Schoonover: I move that we approve the project. Mr.Coston: It has been moved by Commissioner Schoonover that we approve. Is there a second? Ms. Moorjani: Second. Mr. Coston: Okay, it's been second by Commissioner Moorjani. We ready for the vote? Oh, some more discussion down there. Mr. Camp: Yes, discussion. Mr. Coston: Yes, sir. Mr.Camp: Alright,a couple of items here that there was discussion during the prior agenda item about how these two differed. I'd like to point out that this particular site is three times larger in square footage than the one that we were talking about previously. Now, yes, there were three units proposed on that one and six on this. But the way that the math works out,there's a lot more room to do this kind of thing. And so if it turns out that I vote for this, I want to explain that I'm being consistent. When I look at this piece of Greenwell Road and this particular site,we are one parcel off of Shore Drive, an extraordinarily busy road. The parcel in between is a fire station. It's not a quiet,bucolic kind of use there. On the other side of the street, it's been testimony, and it's on the maps, that you have a church occupying several acres. There are a couple of legacy single-family homes with lots of acres. If not this parcel, I have no doubt that at some point in the not terribly distant future,there will be other large parcels coming up on Greenwell Road that people may have ideas what to do about. For that reason, I don't believe that this particular parcel is the be-all and end-all of setting precedent. That, yes, it may be the first on this side of the Bay Bridge Tunnel,but it's going to come anyway when I look at the map. We know the churches and their lands are changing throughout our city, and not just the churches. The other thing that I will say here is there was a side discussion about one of our city's 40 subsidiary plans that support the comprehensive plan, each of which takes a specific functional idea, if it's urban forest canopy, or it's people moving around without cars, or its strategic growth areas, all of these different ideas that there just isn't room in the comp plan to really detail out. And so they have their own plan. And those plans go through public thought and discussion for years before they're finally incorporated. And together, this whole fabric knits the quilt of how we might see our city someday. To say that those are just regulations that get in the way of building things,I think,disparages the very intentional planning idea that the people of this city have a say, so, not just in yes or no, but in how, in why, in many other aspects of the character of the city we live in. And I'm not going to get into it about a particular side path or sidewalk here. It's a different matter. But I will stand up very much for these plans that so many people in this city have felt are important to their way of life. And that our planning staff is charged with thinking about and integrating into these decisions. They're not just regulations. Thank you. Mr. Coston: Any more discussion? Commissioner Mauch? Mr.Mauch: It was stated that there's no A-12 zoning on the east side of Northampton. Can I get clarification from staff? Is that the case, or is there a— Mr. Coston: What was your question? Ms.Alcock: There is A-12 zoning directly behind the church on this side of Northampton. Looks about a two acre plus or minus property,A-12 directly behind the church. Mr.Mauch: And I also want to speak to the affordable housing. I think we are blessed and cursed in the same breath because we live in a desirable area, which makes it difficult to provide affordable housing or attainable housing to everybody, everywhere. I think that the free market society kind of dictates what the prices are in certain areas,because it's more desirable than others. And I have a difficult time trying to put my thumbprint on something and saying,just because it's market rate, it doesn't fit what is needed. Also, the discussion about attainable and affordable is real, and we need to have that, but we're in a desirable area. And, realistically,housing is a crisis in Virginia Beach. With the vacancy rate that we have, it's extremely low. So housing in general is a crisis here. It's where do we put it and how much in one area. I think that's the main thing. Mr. Coston: Any more discussion? It has been moved by Commissioner Schoonover, seconded by Commissioner Moorjani,that we approve this item. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 11 to 0,Item 7, Atlantic East Builders, LLC, has been recommended for approval. Mr.Bourdon: Thank you all for your time,and I hope all the ladies have a wonderful Valentine's Day. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor am X Mauch X Proffers Proffer 1 When the Property is redeveloped, it shall be improved with six (6) residential townhome condominium units with fencing, landscaping, access and parking substantially as shown on the two (2) exhibits entitled "GREENWELL RESIDENTIAL CONCEPT 2221 &2223 GREENWELL ROAD, VIRGINIA BEACH-REZONING EXHIBIT", dated 06/30/2025, REV, DATE: DEC. 31, 2025, and "GREENWELL RESIDENTIAL CONCEPT 2221 & 2223 GREENWELL ROAD, VIRGINIA BEACH- REZONING EXHIBIT- LANDSCAPE PLAN", dated 6-30-2025, REV. DATE: DEC. 31, 2025, prepared by WPL, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (hereinafter "Concept Plan" and "Landscape Plan"). Proffer The architectural design and features along with the exterior building materials and colors of the buildings depicted on the Concept Plan will be as depicted, designated and described on the exhibits entitled, "TRIPLEX @ GREENWELL RD. EXTERIOR ELEVATIONS", Sheet P4 and Sheet P5 dated July 1, 2025, prepared by Mayfield Designs, Inc., and "RENDERING -TRIPLEX@ GREENWELL RD.", dated June 30, 2025, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development and are incorporated herein by this reference (the "Elevations" and "Rendering"). Proffer When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include restrictions prohibiting the rental of any unit for a term of less than thirty(30) days and prohibiting the conversion and use of any garage within a unit from vehicular parking or storage space to living area.The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 2/9/26 To: Planning Commission members and Department of Planning, City of VA Beach RE: Opposition to Rezoning of 2221 and 2223 Greenwell Road from R5R to Al2 Zoning for Atlantic East Builders, LLC and owner Green Shore LLC, Item#7 on the February 11, 2026, City Planning Commission Agenda My name is Mark Walker and I am opposed to this project as submitted. I am an architect and live in Chesapeake Beach(over 46 years)and I am past Co-Chairman(for over 20 years)of the Architectural Preservation and Zoning Committee for the Chesapeake Beach Civic League as well as a current member of the Civic League. The applicant is proposing a rezoning of two existing R5R(one and two family) lots, which currently contain one duplex per lot,to a zoning of A-12 (apartment multi-family) zoning.Although, staff indicates that the"property is located in the Shore Drive Corridor Overlay,where the City aims to preserve and enhance the corridor's character" and "There is a mixture of residential uses, including duplexes, multi-family, and townhouses within the vicinity of the subject site. The prevalent apartment districts are A-12 and A- 18,which permit densities of 12 and 18 units per acre, respectively,"residential zoning in this section of Greenwell Road contains only one and two family zoning districts. This surrounding A-12 and A-18 zoning does not directly connect with Greenwell Road. The character of this end of Greenwell Road has always been one and two family residences. Allowing A-12 zoning at this location will forever change the character of this end of Greenwell Road and set a negative precedent, in the view of Chesapeake Beach residents and neighbors, for the 6 properties adjacent to and north of the subject property, which are currently identical in character, as the subject property. Once these 6 adjacent properties eventually turn over,A-12 rezoning would create an additional 6 units (total 18 units)beyond that which is currently existing and allowed (total 12 units)under R-5R zoning. In addition,there currently exists a large+/- 6 acre undeveloped parcel,which is zoned R-7.5, located approximately 500 feet north of the subject property along the east side of Greenwell Road(see exhibits 1 &2). This parcel is only accessible from Greenwell Road,however it does abut an A-12 zoned property (Vantage Apartments)to the south. The Vantage Apartments are accessed solely from Shore drive and therefore, currently do not impact the character of the neighborhood at this end of Greenwell Road. Allowing A- 12 at this end of Greenwell Road would also open the door to an A-12 rezoning for this +/- 6 acre property when it eventually turns over. Allowing approximately 1/3 of the property area for driveways,parking, setbacks and open space, would leave a remaining 4 acres on which to create an additional 48 units accessing Greenwell Road and once again, negatively impact and forever change the character of this end of Greenwell Road. Page 2 Opposition: Rezoning 2221 &2223 Greenwell Rd 2/9/26 Finally,the difficulty we as a Civic League and as residents along the Shore Drive corridor have, is that we are constantly facing increasing density in our neighborhoods, overburdening our utilities,parking availability and roadways. We are now dealing with the negative impacts of Planning Commission and Council approval of rezoning the Windsong Apartments (AKA Attain Apartments) along Pleasure House Road,which increased the density of this property by nearly 30%.As a result of zoning density increases and overbuilding, it has been recognized for decades,that the Shore Drive corridor is 25%more dense than any other area of the city. The difference between 4 units and 6,referencing the subject applicant, is a 27%density increase, greater than 25V Please do not perpetuate this +25%density increase by approving this proposal, which will forever change the one and two family character of this area of Chic's Beach!. There is a big difference between 4 units and 6 units, especially at this end of Greenwell Road. We ask that you do not allow this project to move forward. Thank you for your consideration of this request. Sincerely, �91— Mark Walker,Architect Former Co-Chairman,Architectural Preservation and Zoning Committee, CBCL Current member Chesapeake Beach Civic League From: DEBORAH Senatore To: Alexis Bailey Subject: New construction on Greenwell Road Date: Wednesday,February 11,2026 2:00:11 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I oppose the construction of the new condos on Greenwell Road next to the fire station.Mainly because of the added traffic to this area.This is a particularly bad place for 14 more cars.You already have cars coming out of the gas station,you have to leave space in front of the fire station and the traffic light at Greenwell road and Shore Drive,is known to take forever.You wait and wait at this light and then you're lucky if two cars get through.Shore Drive is often backed up with cars turning on N.Hampton Blvd.If the bay bridge tunnel has an accident,you have cars backed up on Shore Drive in the right turn lane trying to get to the on-ramp to the tunnel.The intersection of Shore Drive and Greenville Road has had plenty of accidents.What if the six condos needs more than two guest parking spaces?Where will they park?This is just not a good idea for an already congested area. Thank you, Deborah Senatore Sent from my iPhone From: Kim Mayo To: Plannina Administration Subject: Opposition to Rezoning of 2221 and 2223 Greenwell Road from R5R to Al2 Date: Tuesday,February 10,2026 7:28:36 PM Attachments: Letter Opposing 2221-2223 Greenwell Road rezoning-2-9-26.0 CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Evening, I oppose this project as a CXB property/business owner and former longtime resident of this neighborhood. I also serve on my D9 Civic Board. Flooding established residential neighborhoods with density in the name of YIMBY'ism and developer profits is not beneficial to residents. I've also attached an opposition letter from Mark Walker you should be in receipt of. Sincerely, - Kim Mayo From: Bill Culbertson To: Plannina Administration Subject: Rezoning Greenwell Road Date: Wednesday,February 11,2026 10:40:56 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Virginia Beach has failed to protect its neighborhoods and history. Please deny this request as well as efforts to tear down the historic old public library on 22nd street for development. Sincerely, Leslie Culbertson 2328 Bayville road,Va Beach,VA 23455 �B2 GINI 3 u GH B�vO V1R �A NA jD B2 Pt u { )75 HAVEN tY RQ_> \F w .— Rq Z is ` _ >z R7.5 v r A Z,6b, 264.. ook Z2 / 264 Site MTSF, Inc. [=1 Zoning 207 Parker Lane w ; '= Property Polygons S Feet 0 62.5 125 250 375 500 Map created by Planning Department on 2/26/2026 i� sir �LS.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MTSF, INC. [Applicant] SADLER MATERIALS CORP [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 207 Parker Lane (GPIN 1497748394). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: March 17, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard on this approximately 5.62-acre 1-1 Light Industrial zoned parcel to utilize the site for the storage of tree servicing equipment and the storage and processing of timber materials. The property is located within the greater than 75 dB DNL noise zone and the APZ-1. The proposed Bulk Storage Yard is compatible with the provisions of the City's AICUZ Ordinance. The applicant intends to use the site largely as is except for the addition of fencing, landscaping, and an office trailer that has been placed on the site. ■ Considerations: Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid privacy fence, not less than six feet in height, with landscaping along the exterior of the fence. The applicant is requesting a deviation to utilize the existing chain link fencing, supplementing with new chain link fencing, where needed, in place of the privacy fence. The applicant intends to meet the landscaping requirement through the retention of existing vegetation on the site. In Staffs view, the requested deviation to the required fencing is acceptable, given that the proposed chain link fencing will not be visible from the right-of-way and the applicant has agreed to install additional landscaping along the perimeter of the site adjacent to the right- of-way and retain an existing chain link gate with a dark colored mesh to screen the interior of the site from the right-of-way. Staff originally recommended a condition that materials not be stacked higher than the fence; however, prior to the Planning Commission hearing, the applicant requested a modification to that condition to allow materials to be stacked higher than the fence since the applicant intends to only store materials on existing impervious cover. The Planning Commission ultimately recommended approval of the application, subject to a revised conceptual plan being submitted that would prohibit the storage of materials within a 200-foot radius of the entrance gate and MTSF, Inc. Page 2 of 3 within 15 feet of all perimeter fencing and a modification to Condition 5 to state that materials could not be stacked higher than 15 feet. 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 February 11, 2026, 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 site shall be developed in substantial conformance to the conceptual site layout entitled, "Proposed Bulk Storage Yard", dated 2/20/2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The entrance gate to the site shall consist of a seven-foot-tall chain link with three strand barbed wire and screen with a dark colored mesh. 3. The mesh on the entrance gate shall be installed and maintained in good condition, free of holes, tears, and fraying, for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. The outdoor storage materials shall not be stacked higher than 15 feet. 6. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 7. The hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing MTSF, Inc. Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: ��� Agenda Applicant: V-B, ••' .• • • Planning • • • • • CouncilCity i' Project Details Request Conditional Use Permit (Bulk Storage Yard) : fi Lm� aCONEE AVg _��lW.IE GT� L i . 'j- Staff Recommendations r ! a 1 Approval z rag' Staff Planner x s Alexis Bailey � � '> l Location UTNERN "°T i - _"._ .. 207 Parker Lane _ - � t GP/N 1497748394 " 3 r-- _ Site Sizes t 5.62 acres AlCUZ a - Greater than 75 dB DNL; APZ-1; APZ-2 Watershed r Chesapeake Bay Existing Land Use and Zoning District , Former concrete batch plant/ 1-1 Light Industrial Surrounding land Uses and Zoning Districts , North Parker Lane Gas station/ B-2 Community Business South Future Virginia Beach Trail & 1-264 East Retail / B-2 Community Business West Offices/ B-2 Community Business MTSF, Inc." Agenda Item 10 page 1 of 13 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to utilize the site for the storage of tree servicing equipment and the storage and processing of timber materials on this approximately 5.62-acre 1-1 Light Industrial zoned parcel. • Ten full-time employees are expected to support the use, and the proposed hours of operation are 7:00 a.m. to 7:00 p.m., Monday through Saturday. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with landscaping along the exterior of the fence.The applicant is requesting a deviation to the required fencing requirements through the provisions of Section 221(i) of the Zoning Ordinance. As seen on the submitted site plan, the applicant is proposing to retain the existing seven-foot tall chain link fence with three strand barbed wire along the north and east property lines and install new chain link fencing with barbed wire to match the existing along the south and west property lines.The applicant intends to utilize the existing mature vegetation on the site to satisfy the landscaping requirements and proposes to add supplemental landscaping along portions of the north and east property lines near the access to the storage yard, to further buffer the site from Parker Lane and the adjacent businesses. Additionally, the existing gate will be retained and a dark colored mesh will be added to provide additional screening from Parker Lane. To ensure the mesh remains in good condition, staff is recommending a condition (Condition 3) to ensure the mesh is maintained free of any holes, tears, or fraying. • Except for the additional fencing and landscaping discussed above, the applicant intends to use the site largely as is, with the addition of an office trailer that was recently placed on the side. No additional impervious cover is proposed with this request, and all existing equipment associated with the former concrete batch plant is proposed to remain. MTSF, Inc. Agenda Item 10 page 2 of 13 Zoning • A # Request yjo CUP(Pier) Approved 05/08/2007 3 Bz y�i 1 SVR Approved 07/06/2004 CUP(Miniature Golf Course and Golf Sales) — Bz 82-. ... Approved 07/08/1985 2 MDC Approved 11/27/2001 CUP(Church Addition) Approved 06/08/1999 - CRZ (B-2 Community Business and 1-1 Light Industrial to Conditional B-2 Community Business 3 District) Approved 04/10/2001 -- - - _ - CUP (Auto Services (Fuel Sales) with a 264 Vie, Convenience Store) Approved 04/10/2001 11 '�� 264 CRZ (B-2 Community Business and 1-1 Light 4 Industrial to Conditional B-2 Community Business District) Approved 05/23/2000 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Renta MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • This request for a Conditional Use Permit for a Bulk Storage Yard is, in Staffs opinion, acceptable. The site will be occupied by a tree servicing company who intends to utilize the site for the storage of tree servicing equipment and the storage and processing of timber materials. The property is located within the greater than 75 dB DNL noise zone and the APZ-1. The proposed Bulk Storage Yard is compatible with the provisions of the City's AICUZ Ordinance provisions. As stated previously, the applicant is requesting a deviation to the required fencing through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties:' In Staff's view, the requested deviation to the required fencing is acceptable, given that the proposed chain link fencing will not be visible from the right-of-way and the applicant has agreed to install additional landscaping along the perimeter of the site adjacent to the right-of-way and retain an existing chain link gate with a dark colored mesh to screen the interior of the site from the right-of-way. MTSF, Inc. Agenda Item 10 page 3 of 13 Based on these considerations, the request is recommended for approval by Staff, subject to the conditions listed below. Recommended Conditions 1. The site shall be developed in substantial conformance to the conceptual site layout entitled, "Proposed Bulk Storage Yard", dated [begin strikethrough]42�44[end strikethrough] 2 20 2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The entrance gate to the site shall consist of a seven-foot-tall chain link with three strand barbed wire and screen with a dark colored mesh. 3. The mesh on the entrance gate shall be installed and maintained in good condition, free of holes, tears, and fraying, for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. The outdoor storage materials shall not be stacked higher than [begin strikethrough] the [end strikethrough] 15 feet. 6. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 7. The hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday. 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 MTSF, Inca Agenda Item 10 page 4 of 13 The site is located within the Suburban Area a primary guiding principle for which is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future (p 1-60). Design principles for the Suburban Area include utilizing amenities on the site, such as "a significant stand of trees, unusual topographic conditions, natural drainage patterns, and similar natural features, and should be preserved to the greatest degree possible" (p. B-5). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and a portion of the property is located in the FEMA delineated Special Flood Hazard Area, designated as AE with a base flood elevation of 7, and the floodway.The proposed improvements do not appear to impact the Special Flood Hazard Area or floodway. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation TrafFrc Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-No Data Available No traffic counts No traffic counts Parker Lane available available Proposed Land Use'—There is no trip generation data available for the bulk storage land use. 1 Average Daily Trips 2As defined by a 3As defined by a bulk 'LOS = Level of concrete batch plant storage yard Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Parker Lane is a two-lane local commercial cul-de-sac street that serves the applicants' parcel, a Waw and a Lowes store. There is a traffic signal at the northern end of Parker Lane at Virginia Beach Boulevard, which is under capacity. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer MTSF, Inc. Agenda Item 10 page 5 of 13 The site is not connected to city water or sanitary sewer. There is a 42-inch HRSD sanitary sewer force main along the eastern and southern boundaries of the property. There is an 8-inch city water main and a 10-inch city sanitary sewer gravity main along Parker Lane. . MTSF, Inc,, Agenda Item 10 page 6 of 13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. MTSF, Inc. Agenda Item 10 page 7 of 13 Proposed Site Layout z E PARKER LANE F7 -------------- Al zw lip V- zyg � o W �g \ MTSF, Inc. Agenda Item 10 page 8 of 13 Site Photos 1 s � f } } E, SUR �,� :err- _•. god -� --� Disclosure Disclosure VIRGINIA VI-S BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application MTSF, Inc. Is Applicant also the Owner of the subject property? Yes®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: Greg Schmitt and Randy Royal(Kimley-Hom) Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoQ 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.)__ John K.Marshall,Jr.-Owner Does the subject property have a proposed or pending purchaser? YesoNollg 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® Noe If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, © O crass-collateralization,etc.) Real Estate Broker/Agent/Realtor Q Colliers/Patrick Molloy&Char ie Burroughs Disclosure Statement I rev. May-2024 page 1 of 3 MTSF, Inc. Agenda Item 10 page 10 of 13 Disclosure SECTIONDISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation © O Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor _ 0 Engineer/Surveyor/Agent ( Q Greg Schmitt&Randy Royal(Kimley-Horn) Legal egal Services © 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 publi hearing, I am responsible for updating the information provided herein three eeks prior to the meetin P g Commission, City VBDA, CBPA, Wetlands Board or an ubli ody or mmittee in9- Council, tion ith this application. John K. Marshall, Jr. 11/25/25 Applicant Name(Print) Applicant ignature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one(orporation 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): 2/24/2026 Alexis Bailey 2/24/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 MTSF, Inc. Agenda Item 10 page 11 of 13 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Sadler Materials Corp(now known as TCS Materials, LLC) 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'or affiliated business entity 2 relationsh�with the applicant.(Attach list if necessary.) - !Sadler Materials Corp subsequently changed its name to TCS Matenals,Inc.in connection with a merger with other entities,with TCS Materials,Inc.being the Isury ving entity.Copy of merger certificate attached.TCS Materials,Inc.subsequently converted to an LLC and is now known as TCS Matenals,I.I.C.TCS Materials, l-C is a wholly owned indirect sdtsiij of vulcan Materials Company,a publidY traded corporation(NYSE:VMC_See Exhibit 21 of the attached-Annual Report Does the subject property have a proposed or pending purchaser? Yes® No0 If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No k if yes,name the official or employee,and describe the nature of their interest. i PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _1Name entity and/or individual — Financing(mortgage,deeds of trust, ® O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation ® 0 Architect/Designer/Landscape O Q Architect/Land Planner Construction Contractor O 1 Engineer/Surveyor/Agent O G) Legal Services ® O PROPERTY OWNER CERTIFICATION READ:I certify that al/information contained in this Form is complete, true,and accurate.1 understand that, upon receipt of notification that the application has been sheduled for public hearing, I am responsible for updating the information provided herein three weeks i the eeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public bad or "n connection with this application. Jennifer Commander Property Owner Name(Print) Property r r nature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 MTSF, Inc. Agenda Item 10 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MTSF, Inc. Agenda Item 10 page 13 of 13 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #10 MTSF, Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you. The next item on the consent agenda is item 10, and that is MTSF Incorporated. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Schmidt: Mr. Chair, Madam Vice Chair,my name is Greg Schmidt with Kimley Horn. I'm the agent on behalf of the applicant. I believe,you know,there has been some discussion related to condition number five. And I believe there may be a modified condition that will be read following this. Ms. Byler: Are all of the conditions acceptable to you? Mr. Schmidt: Other than condition number five is currently written. That's correct. Ms. Byler: Mr. Chair, there seems to be a dispute whether or not the conditions are acceptable. Should this matter be removed so that it can be heard? Mr. Coston: Yes. Ms. Byler: We will remove this from the consent agenda and it will be that. Mr. Plumlee: I think it may be a misunderstanding. Ms. Alcock: Yeah, if I can make a quick point of clarification, what, Mr. Schmidt is referencing are the conditions, the modified conditions that were discussed during informal, which specified no bulk storage within 200 feet of that northwest or northeast corner of the site. No bulk storage within 15 feet of the perimeter fencing and that the material shall not be stacked higher than 15 feet. Mr. Schmidt: Those conditions are acceptable. Ms. Byler: Seeing that all conditions are acceptable,thank you. You may be seated. Mr. Schmidt: Thank you. Ms. Byler: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Anderson to read this into the record. Mr.Anderson: Thank you,Madam Vice Chair. The applicant,MTSF Incorporated at 207 Parker Lane at the site. Shall be developed in substantial conformance to the conceptual site layout entitled Proposed Bulk Storage Yard,dated 12-1-2025,Prepared by Kimley Horn,which has been exhibited in the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Noting that the conceptual plan shall be updated to prohibit outdoor storage within 200 feet of the northeast corner of the property and within 15 feet of any other perimeter fencing. The entrance gate to the site shall consist of a seven foot tall chain link with three strand barbed wire and screen with a dark-colored mesh. The mesh on the entrance gate shall be installed and maintained in good condition. Free of holes, tears, and fraying, for the duration of the use of the site as a bulk storage yard. All outdoor lights shall comply with the following, shall be shielded to direct light and glare into the premises. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. The outdoor storage materials shall not be stacked higher than 15 feet in the required category. Six screening surrounding the bulk storage shall be installed and maintained for the duration of the use of the site of the bulk storage. For that reason and approval from the client, I'll put it on the consent agenda. Ms.Byler: Thank you, Commissioner Anderson. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms.Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep,the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk, we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The site shall be developed in substantial conformance to the conceptual site layout entitled, "Proposed Bulk Storage Yard", dated 12/01/2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The entrance gate to the site shall consist of a seven-foot-tall chain link with three strand barbed wire and screen with a dark colored mesh. 3. The mesh on the entrance gate shall be installed and maintained in good condition,free of holes, tears, and fraying, for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. The outdoor storage materials shall not be stacked higher than the fence. 6. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 7. The hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday. 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. R1 0� p°TTERSRD �� R5D c R5D 264 26A _....... -Q�"�O�� \/'° R 5 D ° R51)` 02 Londor��B3Se Creek ♦ S �YNNHAVEN AG 1 W � z z :l:.. l:.. .yApVENTURE z < :. 1,1 'oa, R,15/ RI 5 VIKING DR 11 BULL`OCI('.TRL ! C A I1 �°c ` 11 11 N mJ R10 11 0 � z CHECKER x 11 DR ® site Oceana Development LLC Cp zoning 464 Progress Lane "' `= Property Polygons Feet 0 155 310 620 930 1,240 Map created by Planning Department on 2/26/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEANA DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 464 Progress Lane (GPIN 1497609856). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard at 464 Progress Lane and is proposing to construct a contractor laydown yard, along with a by-right 30,000 square foot office/warehouse building, with associated parking. On December 13, 2005, the City Council approved a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District on the subject property. The proposed development of the site, including the proposed use of a Bulk Storage Yard, is considered compatible with the previously approved proffers. The site is located within the greater than 75 dB DNL, partially within both the APZ- 1 and APZ-2 of the AICUZ, and is encumbered by a Navy Restrictive Easement. The proposed Bulk Storage Yard is considered a compatible use within both the noise and accident potential zones. It is also within the Special Economic Growth Area (SEGA)2-West Oceana, which the Comprehensive Plan identifies as having significant economic value and growth potential. The laydown yard will be used to store materials, such as equipment, water pipes, sewer pipes, drainage pipes, and utility structures, stored in a rotational manner awaiting delivery to construction sites. Hours of operation will be Monday through Saturday, 7:30 a.m.— 3:30 p.m. ■ Considerations: The proposed Bulk Storage Yard is considered a compatible use within the noise and accident potential zones. While the applicant is requesting a deviation to the required fencing and landscaping around portions of the bulk storage yard, to use chain link fencing and existing vegetation, those areas are not from the public right of way. This item was initially heard by the Planning Commission at their January hearing, at which time, the Commission voted to defer the application for 30 days to give the applicant time to address concerns from the Commission and adjacent residences. When the item was reheard at the February Planning Commission hearing, the applicant had modified the plan to show two rows of evergreen shrubs and a privacy fence between the proposed parking lot and the adjacent residential Oceana Development, LLC Page 2 of 3 neighborhood to provide an additional buffer. The applicant also made adjustments to the access points to the building and bulk storage yard to address circulation concerns. Staff has received two letters of opposition noting concerns with noise, environmental impacts, and property value. Three speakers signed up in opposition but only two were in attendance at the time the item was heard and spoke of similar concerns. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 11, 2026, the Planning Commission passed a motion to recommend approval of this request by a recorded vote of 11-0. 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "PROGRESS LANE CONCEPT', dated 12/11/2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence or chain-link fence. 3. The fencing styles shall be in substantial conformance, per the Planning Director or their designee, to the fence renderings exhibited to the Virginia Beach City Council and on file with the Department of Planning and Community Development. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (2) Photos from Applicant Oceana Development, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. — Submitting Department/Agency: Planning Department '{16 City Manager: Agrenda Applicant & Property Owner: Oceana Development LLC Planning Commission • •lic Hearing: February 11, 2026 VB' CouncilCity 1 i' Project Details Request Conditional Use Permit (Bulk Storage Yard) P � -7i ,p 5 '�►. 1 ry ri MNllriVt N > 1, r i Staff Recommendation Approval s _,x7 ��' ,�t�, I �. i.. ` Y CT.. . ii _ KOH dF Staff Planner wk � � � Jr"^� Michael Hayes/Kristin Bauer ; ,fr Location �' z , r 464 Progress Lane h GP/N ` 1497609856 Site Size 44.66 acres -_GUAea,w A/CUZ Greater than 75 dB DNL;APZ-1/APZ-2 Watershed fi Chesapeake Bay dry '� 3 ��m ` , Existing Land Use and Zoning District Warehouse/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts gbv �T ' Northo Single-family dwellings/1-1 Light Industrial, AG-1 'P�Mi1RE+� Agricultural, R-5D Residential South - - TRL Progress Lane Industrial Office, warehouse/ 1-1 Light Industrial N 'u East Single-family dwellings/R-51) Residential, R-10 Residential, R-15 Residential West Warehouse/ 1-1 Light Industrial, R-10 Residential Oceana Development LLC Agenda Item 11 page 1 of 13 BackgroundSummaryof Proposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to construct a contractor laydown yard along with a 30,000 square foot office and warehouse building, with associated parking and site amenities on a 44.66-acre 1-1 Light Industrial zoned lot. • On December 13, 2005, City Council approved a Conditional Rezoning from R-10 Residential District to Conditional 1-1 Light Industrial District on the subject property.The proposed development of the site, including the proposed use of a Bulk Storage Yard, is considered compatible with the previously approved proffers. • The site is located within the greater than 75 dB DNL, partially within both the APZ-1 and APZ-2 of the AICUZ, is encumbered by a Navy Restrictive Easement, and is within the Special Economic Growth Area (SEGA) 2 -West Oceana.The proposed Bulk Storage Yard is considered a compatible use within both the noise and accident potential zones. • The Bulk Storage Yard will be used to store contractor equipment and some materials, including but not limited to water pipes, sewer pipes, drainage pipes, utility structures, etc.The yard is to be used by a site contractor and materials are stored in a rotational manner awaiting delivery to or use on a construction jobsite elsewhere. • The proposed hours of operation are from 7:00 A.M. to 3:30 P.M., Monday through Saturday. • The proposed building will be constructed with pre-engineered metal, block exterior facade, and metal siding. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening. Category VI consists of a minimum six-foot tall solid fence with Category I plantings. The applicant has submitted a deviation request through the provisions of Section 221(i) of the Zoning Ordinance to allow the installation of chain link fencing and retention of the existing forested area within the CBPA buffer, in place of the required Category VI screening, along the entire northern and eastern edge and of the storage yard and along portions of the southern edge of the storage yard. The remaining portion of the southern edge of the storage yard and the entire western edge will be screened with an 8-foot tall privacy fence and the required landscaping. The areas where the proposed deviations are requested are not visible from the public right-of-way, and the retention of the mature landscaping will provide a significant buffer for the adjacent properties. As such, Staff is amenable to this deviation request. Oceana Development LLC Agenda Item 11 page 2 of 13 Zoning 6'4 V # Request 02 CRZ (R-10 Residential District to Conditional 1-1 1 .R�S. D " 3'"_ AG1 .Li Light Industrial District)Approved 12/13/2005 Ro ) CRZ (0-2 Office to Conditional 1-1 Light Industrial) 11 Approved 01/23/1978 �� , 2 CUP (Bulk Storage Yard)Approved 08/05/2003 3 REZ Approved 01/12/1993 �Rt 4 REZ Approved 01/21/1980 ti 5 REZ Approved 01/23/1978 I Al 2 IV - -- li i R10�, LN Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • In 5taff's opinion, this request for a Conditional Use Permit to operate a Bulk Storage Yard is acceptable. The site will be occupied by a contractor who intends to construct a by-right office/warehouse building in addition to the proposed Bulk Storage Yard. The property is located within the greater than 75 dB DNL noise zone, the APZ-1, and the APZ-2.The property is also identified in the Comprehensive Plan as within the Special Economic Growth Area (SEGA) 2 -West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential. The Comprehensive Plan supports development and redevelopment of this area consistent with the City's AICUZ Ordinance provisions and the City's economic growth strategy. The proposed Bulk Storage Yard is consistent with the Comprehensive Plan's land use policies for this area, as the majority of the land in the vicinity is zoned for industrial uses and more specifically, uses that are compatible with Naval flight operations. The applicant is proposing the installation of street trees as well as the required buffers at the front of the bulk storage area, as well as along the side adjacent to the neighboring business's drive aisle. However, the applicant is seeking a deviation to allow for the use of a chain link fence, rather than the required opaque, privacy fence, for the back portions of the storage yard. Oceana Development LLC� Agenda Item 11 page 3 of 13 Additionally,the applicant intends to utilize existing, mature vegetation in place of the required Category landscaping along portions of the north and east sides of the Bulk Storage Yard. They will also be providing an additional privacy fence along with two rows of Category I plantings between the parking lot adjacent to the neighboring homes on the southeastern portion of the site.The conceptual plan on Page 7 of this report provides greater detail of the proposed fencing and landscaping. The Fire Marshal's Office has reviewed the request and has no concerns. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "PROGRESS LANE CONCEPT", dated 12/11/2025, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence or chain-link fence. 3. The fencing styles shall be in substantial conformance, per the Planning Director or their designee, to the fence renderings exhibited to the Virginia Beach City Council and on file with the Department of Planning and Community Development. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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. Oceana Development LLC Agenda Item 11 page 4 of 13 Comprehensive Plan Information The site falls within the Suburban Area and within the West Oceana Special Economic Growth Area (SEGA-2), which the Comprehensive Plan identifies as having significant economic value and growth potential. Developments along key roadways are desired to have attractive and high-quality architectural building materials and designs.This particular portion of the SEGA is designated for a mix of light industrial, low-rise office, and limited retail use. All new or improved development proposals must adhere to the City's AICUZ provisions. (p. 2-88) A "primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future" (p. 1-60). 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 TraflSc Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Progress Lane No count available 9,900 ADT 1(LOS 4 "D") Proposed Land Use 3-42 ADT 1 Average Daily Trips 3As defined by a generation data 4LOS= Level of 'As defined by a 30,000 SF warehouse; available for laydown Service vacant site there is no trip yards Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) Progress Drive, in the vicinity of this application, is considered a two-lane local street and is not included in the MTP. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Oceana Development LLC Agenda Item 11 page 5 of 13 Public Water&Sewer The site must connect to city water and sanitary sewer.There is a 10-inch City water main along Progress Lane and there is an 8-inch City sanitary sewer gravity main along Progress Lane. Public Outreach Information Planning Commission • Two letters of opposition have been received by Staff noting concerns related to noise, environmental impacts, & property values. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Oceana Development LLC Agenda Item 11 page 6 of 13 PROGRFSSLANF.CONCEPT • V/RCINIA YKA CH,VA x^ s, Y w rt fiE a La.K a 1 i T��41�9��I I.��JKI I I I I�= "✓�"°.�r� w i. � � ffi� .�w,.n.eie�e ,.xrsteenwne.cros.rr � z s,: r � ., � ususxvmu�ae e {' n �.f ,� "^�+a•, w,dv.er�nurx+.Mo sy,.a - N *a � � psWf NfNlr,ut MtN�tS Y NM,wvY:-e,autt 1 n 5 ! F.a ri "REA BE RESERVED ' PROGRESS LANE DECEMBER 11,=5 Kroll@ y))I orn 0 S VIRGINIA BEACH.VA I REVISED 01.262026 DID rD ID _ o " v Q � rD °J v r o N N r W F- f7 Proposed Fence Renderings a S 4.. II { A o TOP AND BOTTOM HEIGHT OF BRACE IN o rt TENSION WIRE#7 GAUGE SELVAGE TO BE ACCORDANCE WITH w BARBED GALVANIZED COIL SPRING MANUFACTURERS FENCE o YVIREST♦iE•TCHEDTAUT. SPECIFICATIONS �FABICTOTENSION WIRE WITH HOG-RINGS W ONE TENSION WERE APPRROXIMATELY i CLIP EACH LINE 24"C-C. D POST(#6 GAUGE.) Z #6 GAUGE CLAMPS -- D TO BE USED TO ATTACH FABR IC TO p `H-COLUMNS(B 318"M IN.ROUND L)a PER POST.) ROD WITH TURNBUCKLE f Z GROUND LINE- r 2"MAX 2 CLEARANCE 10'-0'TYPICAL SPACING 10'-0'TYPICAL SPACING M m BETWEEN ALL LINE POST BETWEEN ALL LINE POST Z NOTES: m 1.A MOISTURE-EXCLUDING CAP IS REQUIRED ON TUBULAR POSTS_ 2 MATERIAL FOR CAP SHALL CONFORM TO THE ALLOWABLE TYPES FOR OTHER LISTED FILLINGS. j C � 3.CORNER BRACE-TO BE USED WHEN HORIZONTAL ALIGNMENT CHANGES 15'OR MORE. 4.SEE END BRACE SHOWN ABOVE FOR BRACE DETAILS. 5.WIRE FABRIC SHALL HAVE 2'MESH UNLESS OTHERWISE SHOWN ON THE PLANS. N py LINE LRACE-TO 8E ) USED WHEN VERTICAL. yam•. N n ALIGNMENT CHANGES 5'OR MORE. GROUND LINE b l'r f „ z z sw I o o MAXIMUM SPACING BETWEEN BRACES Oceana Development LLC Agenda Item 11 page 8 of 13 Building Renderings f t� I 1 Kn y'4 4 �I �1 6 _ � II - a 'jOil IpMNdl�ilf (ifk{. ry ix I , illy i II i t i I F MAI i0 11 30, 1 T 0 0 Oceana Development LLC Agenda Item 11 page 9 of 13 Site • • y, Oceana Development LLC Agenda Item 11 page 10 of 13 Disclosure DisclosureCITY OF VIRGINIA vs, Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: OCEANA DEVELOPMENT LLC as listed on application Is Applicant also the owner of the subject property? Yese Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)NoO If yes,name Representative: KIMLEY-HORN (Grace Henderson &Greg Schmitt) Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNo® If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) JERROLD L.MILLER,MANAGER Does the subject property have a proposed or pending purchaser? Yes No e If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and or individual Financing(mortgage,deeds of trust, (OF) O cross-collateralization,etc.) SOUTHERN BANK Real Estate Broker/Agent/Realtor e Disclosure Statement I rev. M a y-2024 page 1 of 3 Oceana Development LLC Agenda Item 11 page 11 of 13 Disclosure SECTION - - • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q O COVINGTON HENDRIX ANDERSON ARCHITECTS Architect/Land Planner Construction Contractor (D © BALICORE CONSTRUCTION,TRIDENT CIVIL Engineer/Surveyor/Agent E) O KIMLEY-HORN,NDI ENGINEERING Legal Services (F) Q SANDS ANDERSON APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. JERROLD L. MILLER 4tt — 10/15/2025 Applicant Name(Print) pplicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(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): 03/02/2026 Kristin Bauer 'jFazz t. 03/02/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 �page 2 of 3 Oceana Development LLC Agenda Item 11 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Oceana Development LLC Agenda Item 11 page 13 of 13 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #11 Oceana Development LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 11, Oceana Development, LLC. Mr.Schmidt: Mr.Chair,Madam Vice Chair,members of the Commission,good to see you again. My name is Greg Schmidt, again with Kimley-Horn. We are the agent on behalf of the applicant for a conditional use permit for outdoor storage yard or bulk storage yard. This site is located in the Oceana East Industrial Park,off of Progress Lane. It has been zoned I-1 since 2010. We were here no more than 30 days ago. We have since worked, yeah, there's the plan, we have since worked to try to address some of the concerns that were brought up in the previous hearing. Most notably, I want to break this site into kind of two discussion points. What you see where the building is located in the parking is a by-right use in the 1-1 zoning district. What we are asking for the conditional use permit for is for the bulk storage yard. Now,these two things could be separated,and we could have come forth for the bulk storage yard by itself. I'm a local engineer,resident of Virginia Beach,the developer,the property owner,are local to Virginia Beach. We want to be transparent in what we are presenting today. So we showed the whole package for what's needed to facilitate the entire development. And where much of the conversation had gone in our prior presentation at Planning Commission was to focus on that by- right use. And we acknowledge that there could be a potential impact to adjacent residences. We've worked hard to provide enhanced landscaping along that proximal parking lot and since last meeting, we've added the double row of evergreen shrubs. We've added an eight foot tall privacy fence along the neighbors that are most near the parking lot and the building. And we've actually provided only,you know,five additional feet of buffer area along that area,and that helps us to facilitate that enhanced landscape buffer. Everything else that is shown in the lime green color is going to be preserved. We are not impacting that. We are not cutting down trees in that area. Everything will remain in its natural,mature,vegetated state. So to go to the outdoor storage yard, when this rezoning came through, there were proffers, and that's noted in the staff report. When the property was originally rezoned I-1, there was a 100-foot buffer requirement from the Nottingham Estates neighborhood. We are providing more than double that to the outdoor storage yard. And that more than double of that is comprised of wetland area,floodplain area,and resource protection area,all of which,again, is to be preserved. So, in lieu of the 100-foot requirement that was in the proffers for the rezoning, we're providing a minimum of 200 feet, and that 200 feet actually goes up to around 280 feet at the largest point. There was also a lot of discussion around the rear of the building. We've since adjusted the fence line at the rear of the building, where the outdoor storage yard is located on that bottom right corner of the structure. That allows access direct to the warehousing portion to the storage yard,so folks wouldn't have to go outside that gate. They could operate with inside the bulk storage yard and get into and out of the building from that side. So, you know, I know we're here today to talk about land use, and I had mentioned this previously. The site is in an industrial park. It is zoned I-1. It is in the APZ-2 zone, and the AICUZ is greater than 75 dB. I can't think of another use in this district, with those constraints,that would be more applicable, and I do feel that with the intentionality around design and locating what we are asking the conditional use for, to be far from the residences and maintaining that mature vegetated buffer, that there would be another use that's more compatible in this district for this particular property. With that, I'll stand by for questions. Mr. Coston: Commissioner Hippen. Ms. Hippen: How you doing? Mr. Schmidt: How you doing? Ms. Hippen: So we're glad to see you,too. Okay. So as we're looking at this picture,that's up, the lower left side, are you still going to be pulling vehicles around on that side? That was the question that I asked about last time. I know you remember. Mr. Schmidt: That's right. And what I have to tell you in in front of the public, in front of the commission here is it is possible and likely that yes,there will be vehicles maneuvering behind the building. The nexus of why we have that rear drive aisle is a requirement of the Fire Department to have access to the rear of the building. Ms.Hippen: Okay,and I remember that that's for fire access,but are you going to be using it for other than emergency access? Because that's what residents spoke about when we last talked. Mr. Schmidt: Yes,we will be using it. And in a by-right scenario,we could use that as well. So it is not unique to the outdoor storage yard. It is what is permitted in the I-1 zoning district for this particular property. Ms. Hippen: Okay,thank you. Mr. Coston: Commissioner Camp? Mr. Camp: Hi,thanks for being back. Help me reconcile what I think I heard during your initial presentation when you're talking about the lay down yard, the bulk storage yard. Did I hear you say that with adjustments to the fencing and gates,that now you can access the back of the building through the lay down yard? And do I understand that to mean that might be the way you choose to direct traffic as the preferred route? Mr. Schmidt: So, to be abundantly clear, if you look at that bottom right-hand corner of the building,there is an overhead door. Mr. Camp: Yes, sir. Mr. Schmidt: That overhead door was previously located outside of the outdoor storage yard. Mr. Camp: Yes. Mr. Schmidt: We've pulled that overhead door into the outdoor storage yard so that access can occur within the outdoor storage yard without having to use the back as much as possible. Mr. Camp: Thank you. I appreciate that explanation as well as the modification, which is responsive to some of the concerns that we previously heard. My question remains at the center rear of the building. You have another point of entry into the building, correct? Mr. Schmidt: That's correct. Mr. Camp: And is that where you had, I believe, said last time that box trucks or such deliveries for parts into your operations might arrive. Would those primarily be directed around, as we see it depicted here, the left side of the building to get there, or would those primarily be directed through the lay down yard on the right side of the building to get there? Mr. Schmidt: The operations of the facility,the reason that we have an overhead door on the side and an overhead door on the back is we want to limit the amount of U-turns of equipment that are happening inside the building. So similar to a site, we have to have some circulation through the building. As I had stated last time,the rear of the building is not designed to permit or allow,you cannot fit a semi-truck back there,but it is possible, and again, I have to be honest and transparent here, it is possible that a box truck could maneuver from left to right, or right to left. Mr.Camp: Alright,the reason that I'm asking is if the applicant was primarily directing the truck flow around the right side of the building, you're further away from the houses. If you're suggesting that, well, it could go either,they're both available,trucks will go whichever way they find it convenient, well, it's less protective to those houses. That's what I'm trying to elicit here. Mr.Schmidt: Yeah,understood. I think,you know,to your point,Commissioner Camp,it would be the preference that most of that truck traffic is entering on the two gates along the shared access road with the existing industrial use, because we have that direct access to that overhead door within the yard. Mr. Camp: Thank you. Mr. Coston: Any further discussion? Any speakers? Clerk: Our first speaker is Marion Dorn, followed by Jorge Flores. Marion Dorn, followed by Jorge Flores. Okay, our next speaker is Jorge Flores, followed by Heather Cook. Mr. Flores: Good afternoon, my name is Jorge Flores. I live in the Evergreens. First of all, I'd like to apologize for last, our last visit was a little emotional. I'm a retired Navy, so although in the Navy I learned how to adjust to changes, it is a little bit different to accept any changes on a home. So I was not prepared for that. When the speaker mentioned about our community being on the industrial home, it kind of triggered, because although they're the one who build our community. But one of the things that I wanna talk about is that our concerns are the 25 foot buffer that they were talking about, right?, so if they, like I said before, if they, if they do remove those trees and they plant new, new trees. I've been trying to plant trees on that on our property and they just don't stay unless they're pines. So if they put any other, any other vegetation in there, what? What's the plan? If that vegetation dies,who's going to replace it? I know he's talking about fences. We already have a fence. And a little more concerned now when I look at the picture. Because now it looks like our park,where all the kids from our community play, is gonna be exposed to that particular building. And although he said that they're not gonna use the back of the building as much as they want to, we already have an issues on the opposite side. When they have a landing area,just like the one they try to build on the right side. And you can hear machineries starting around five o'clock in the morning. And the other thing is the building, our concern is the corner of the building. Our neighbor Davis,which is in the back,her house is right there,on that corner. So if it's 25 feet from that front of her fence to that corner of that building. That means that the access that they're going to build around that building is going to be at least 15 feet. So that's going to leave her about 10 feet,which is going to expose her to that noise in there. And I can almost guarantee that those trucks are going to go in that area because that's where the other parking lot is going to be. So because the other opposite is contingency, right? So they are more than likely going to use that parking lot. So she's going to have all the traffic in there. So that is one of those concerns that we have. I mean, I know we cannot request to move, we would like to get to move the building to the other side. They have huge area on the opposite side. I don't understand why they put it so close to our community. But we would request for the builder to leave the trees that are currently in there. Instead of knocking them down, because they're knocking them down, they're being exposed to everything. We already have that building all the way up in the top of the screen. The lights from that building,we can actually see it on our screen. So when they do put the lights on her building, our neighbor Davis is going to be lit up. So more than likely, she's going to have to change the windows to put darker windows,because more than likely,during the night it's going to be very bright in there because those buildings have a bright light in there, so it's going to be lit up. But primary will be the concern will be the park,because that's where small kids play. And I do have had an incident on my house, although I've been in Navy. So most of the time we were not there. We had several people they were working on the other side,coming into my neighbors. I was in the back one time and one of the guys that were working in there crawled under the fence just to see what our property looks like. And I'm afraid that that's going to happen. The same thing is going to happen if that vegetation gets removed from the park. Now our kids, which we know,we have about five little girls that play in that area. Mr. Coston: Excuse me, sir. Your time has expired. Do any of the commissioners have any questions? Ms. Hippen: Sir,you said, how are you doing, shipmate? Mr.Flores: Pretty good. Ms. Hippen: Thank you. Okay, so you said something about noise at 5 a.m. in the morning? Mr.Flores: Yes,ma'am. Opposite side is the same,right? Because the Miller group is gonna be building a different building on the opposite side. So they're gonna surround us with that. And they had a landing area in it. It's not the Miller group yet, because somebody else has it rented. And those people,they're moving machinery around 5 o'clock in the morning. Because of course, they gotta go pick up materials and to start work,and more than likely,the work starts up at 7. So they go pick up the material around 5 o'clock, and you can hear that noise in there. Ms. Hippen: And the reason why I asked that is because it states in the report from the staff that the proposed hours of operation are 7:00 a.m. to 3:30 p.m. Mr. Flores: They do not abide by that. 5 o'clock in the morning,they go pick it up, and it looks like somebody's building a lot. A couple times, I had to actually go look over the fence, see what they're doing. It looked like a building, something there, but it's not. They're just picking up material. So that's the same thing that's going to happen on the other side. Ms. Hippen: Okay,thank you. Mr. Coston: Commissioner Schoonover. Ms. Schoonover: It was my understanding that they put the building on this side of the property to keep all of the more concerning activity away from the houses. That was my understanding. Is that,was that your understanding as well? Mr.Flores: Where they place it at right now? Ms. Schoonover: Yeah, it was my understanding that the activity, the majority of it that would be problematic is supposed to take place over in the space where they're talking and putting the storage yard. Was that your understanding as well? Because that was how it was explained to me. Mr.Flores: No. Because our understanding is that's a contingency. It's going to be for a_couple years, and then they're going to start using it. Ms. Schoonover: Well,we're looking at the storage yard. That's the part we're doing. The other part is happening on its own. But what it was explained, I didn't know if this had been something you had explained to you, but I was told when we were asking about this that they thought the most activity would happen in the storage yard space, which is why they placed it farther away. Was that not your understanding? Mr. Flores: No,that's not what we understood. Ms. Schoonover: Had you spoken to them about it at all, out of curiosity? Mr.Flores: No. I didn't even receive the actual form for this meeting today. One of my neighbors received it, and that's how I came. And the other, Stanley, which is right behind it, he just left because he had to go. Mr. Coston: Commissioner Mauch. Mr. Mauch: I just want to address one of the concerns that he had raised, and lighting was a concern. Mr.Flores: Yes,yes, sir. Mr. Mauch: I think that's understandable. One of their conditions is for all outdoor lighting. It shall comply with the following. It shall be shielded to direct light and glare onto the premises. Onto the premises, said lighting and glare shall be deflected, shaded and focused away from all adjoining properties. And lighting fixtures shall not be erected higher than 14 feet tall. I just wanted to let you know that they have taken, the staff has conditioned this to take that into consideration, so there wouldn't have to be alterations from the resident side. Mr. Flores: I understand that, but like I said during the summer, like right now, you can I can actually see the other building and it's extremely bright and that is a lot farther than the new building,farther than the new building that they're gonna put in there. So during the summer, it's a little bit less because of the vegetation. But they cut the trees, and I'm pretty sure that those trees, whatever they plant, are not gonna grow. So we are gonna be living with that for a long, long time. And I don't know if somebody's gonna be replacing those trees until they take off or not,that was one of the questions that neighbors had. What is the plan to replace those trees in an event that they do die. Mr. Coston: So, any further questions? Thank you. Mr.Flores: Thank you for your time. Mr. Coston: Excuse me. Wait a minute. Come back. Where is your house? Mr.Flores: So I live right, I live, I live right across that, like at the middle,at the middle,yes,on the opposite side of the cul-de-sac. Mr. Plumlee: On the other side? Mr. Flores: Yes, and I see it from my house. Mr. Coston: So you do not back up to the property? But your front of your house can see the lights from across the street? Mr. Flores: Yes,yes, sir. So I can actually see the lights from my house. Mr. Coston: Okay,thank you. Clerk: The final speaker is Heather Cook. Ms. Cook: Hi, good afternoon. My name is Heather Cook and I live in a home that is in Nottingham Estates, which backs up right to the bulk storage yard,proposed bulk storage yard at 464 Progress Lane. Our neighborhood was built in the 70s and has been a stable residential community for over 50 years. We're not a new development built next to industry and or a long- standing neighborhood that relies on the city's zoning standards to ensure reasonable separation between industrial uses and homes. My primary concern is that key information is missing from this application. First, the applicant is requesting a deviation from the required screening along the northeast residential boundary. Instead of a solid privacy fence with landscaping,they're proposing chain link fencing and reliance on existing vegetation. Chain link fencing does not block views, reduce noise or shield lighting. If opaque screening is required by ordinance for bulk storage yards, that standard should not be waived where homes are directly impacted. Second,the traffic analysis is incomplete. The report states there's no traffic count available and no trip generation data for lay down yards. The estimate of 42 daily trips appears based on the warehouse, not contractor yard operations. Without a formal traffic study, we don't know how many trucks will operate daily,what types of vehicles,or what peak hours impact may occur. Third,the operational scope is unclear. The report lists possible materials,but says including,but not limited to. There are no defined limits on equipment type, outdoor repair activity, or stacking height in feet. Finally, there is no noise study and no photometric lighting plan demonstrating protection of adjacent homes. For these reasons, I respectfully request that the application be deferred until additional studies and clear protections for residential neighbors are provided. This is not opposition to economic growth. It is a request for responsible development that respects a 50-year-old neighborhood and upholds the standards already written into the ordinance. Thank you for your time. Mr. Coston: Are there any questions of the speaker? Ms. Hippen: So I read your statement before you started speaking, and I underlined a couple of things in the staff report. The bulk storage yard will be enclosed by Category VI screening that consists of a minimum six foot tall solid fence with Category I plantings. The place that they want to put the chain link fencing is,if you can see the picture,is where they preserve the natural habitat. And I just wanted to clarify that for you. Ms. Cook: Yes, I did notice that. And I really appreciate how much that they're preserving beyond, I think,what the gentleman stated,beyond the 100 required. My concern,though, is what the other gentleman stated in that the upkeep of those trees are not guaranteed, right? We have aging forest and things like that. But also, given the season, or depending on the season, you're still going to have impact through those trees. I can see the same dormant building that's there now and the lighting that was referred to as well. So I think if there were some considerations for that also, along with the lighting and understanding what impacts that will play. I don't know if the Dorman building has the same type of lighting with the shielding going on,but if they do, it's definitely not helping. It shines straight through the trees. Mr. Coston: When he comes back to rebut, I will ask him. Ms. Cook: Okay,thank you. Mr. Coston: Commissioner Camp. Mr.Camp: Yes, ma'am. Please help me understand where your home is. I believe, I heard you say that your home is adjacent to the lay down storage yard,which is the gray area on the map that we're able to see and look at. I don't see any houses alongside that. So please help me here. Ms. Cook: Oh yeah, for sure. You can't see from this particular image, but we are the neighborhood north of The Evergreens and the Bullock Trail, which is depicted here. So my property backs up to that green line,where the preservation is about, I think it's like 200 feet. Do you see where that retention pond is? Mr. Camp: I do, ma'am. I now understand where you're talking about. Okay, thank you so much. Mr. Coston: Any further questions? That was the last speaker. Mr. Schmidt: Thank you all. And I do appreciate the residents providing feedback. I do want to be clear on one thing. We did send out door hangers on 20 of the adjacent property owners. I think four or five of them had reached out to provide feedback. And some of that feedback is what drove the reasons why we have things laid out the way they are. So if they weren't adjacent or a couple houses in, we didn't do the door hangers, but we did talk to a number of the folks that do butt up to the property line. Related to maintenance of landscaping,once if this is approved,that's an enforceable action. This plan has to be maintained by the property owner, by the tenant. We cannot allow plants to run fallow and to not upkeep with the buffer that is conditioned as part of this application. So that is something that is enforceable by the city. Related to the lighting, as Commissioner Mauch had pointed out, that is something in a lighting photometric plan that is submitted at the site development plan phase is reviewed extensively by the Development Services Center and the Planning Department. So all the conditions that are laid out for lighting, that photometric study is done as part of that process and reviewed by city staff prior to allowing this site to move forward into construction. Related to the use,that's to the west, that is a manufacturing facility. So that is Dorman, is what the business that operates out of that facility. That facility does at times operate 24 hours. As Commissioner Hippen had pointed out, our hours of operation are limited 7 to 3:30 for the outdoor storage yard. So again, if that is being violated by the tenant, if this is to be approved,that is also an enforceable offense by the zoning department. So I just wanted to make some of those things clear. And I do apologize in the last hearing about confusing some of the residents related to my discussion on the APZ zone, so I do apologize for that. But, you know, I want to make one final thing abundantly clear. At this time, the applicant is the property owner and will be overseeing the maintenance, the operations of their facility. This is not a merchant developer that is building this and then selling it to somebody else. That's not part of this process. So I do want to make that clear, as I know that question had come up to some of the planning staff members from residents as well. Ms. Hippen: So there was one more thing that the last speaker addressed, and that was -- and I see it in the recommended conditions. Outdoor storage materials shall not be stacked higher than the privacy fence or the chain link fence. I just wanted to highlight that for you. Mr. Schmidt: Yes, ma'am. Thank you. Mr. Coston: Ms. Schoonover? Ms. Schoonover: I just want to clarify, since there seemed to be some confusion by people who were monitoring this project, it was my understanding that you all had chosen to put the building where you put it, for the benefit of the residents. Is that correct? Mr. Schmidt: That's correct. Ms. Schoonover: That was my understanding as well. And you are purely showing us that part of the project that is unrelated to our vote today for full transparency, correct? Mr. Schmidt: That's correct. Ms. Schoonover: And it was also my understanding that you tend to have very little, if any, activity in that lower level space which you've referred to in reference to the fire activity. You're expecting most of it to happen in the top,correct? Mr. Schmidt: That's correct. Mr. Schoonover: It's also my understanding that you intend for this to basically be someplace where we're going to kind of go periodically, pick things up, drop things off, and not, you know, things happening 24-7 in a very active way,more just pick up and drop off, right? Mr. Schmidt: That's correct. Mr. Coston: Vice Chair Byler has a question. Ms.Byler: Thank you,sir. I think my question goes to staff. It's more procedural. And it's come up in other applications also, but I just want to know how we handle this. So I assume that once we vote and then staff turns over our recommendation to City Council, planning's out. So then city council does whatever city council does. And assuming that they approve something, then city council's out. Then my assumption is it goes to permits and inspections to oversee the construction and to make sure everything is done the way that we've all agreed it will be done, including fencing, lighting, buffers, plantings, etc. After that, I don't know that there's any enforcement in place. So then the neighbors feel like, well, these plants are going to die. Well, the lights are going to change. Well, it's going to be a continuous nightmare. You guys are out and we're stuck with it. So what does a neighbor do to make sure there is enforcement after the fact, should there be violations? Ms. Sabo: Yeah,hi. Before the permits are finalized on site,one of our zoning inspectors will go out and confirm that it meets all of the standards,all of the zoning ordinance, and it meets the plan that was approved. And that it meets all the conditions or proffers that were listed in the conditional use permit and the rezoning. Of course,things can change as,you know,the moment that that property is done being developed, things can happen and maybe fall out of compliance down the line. We do try and check on properties depending on the type of development. We will go out and check on properties throughout the year, but if neighbors have any issues, if they're noticing that there's something that's out of compliance, the fences come down, if there's landscaping has died,they can absolutely call 311 and put in a complaint. And then our inspectors go out and check and make sure again that it's compliant with the proffers and conditions. Ms.Byler: So,Mr.Flores and others have raised the issue about the lighting and,you know,some encroachment directly onto their property. So if this, for example, gets approved, city council approves it, it gets built,and then a year from now,it becomes a problem. So then,Mr.Flores and his neighbors,what,pick up the phone and dial 3-1-1? Ms. Sabo: Yes, ma'am. Ms.Byler: And that goes to? Ms. Sabo: That would go to my staff, and they would, we have a zoning inspection supervisor, and she has a wonderful team that would go out, and within the next couple of days, for lighting inspections, we need to make sure that we're out there, you know, when it's dark, so scheduling that may take an extra day or so, but we'll get somebody out there to check and make sure that if they are in compliance, or if they're not, then we will work with the property owner to bring that property into compliance. Or go down the path of enforcement, so notice violations. Ms. Byler: So if Mr. Flores says 5 a.m. It's allowed and he calls 3-1-1, you're going to send zoning enforcement out there, inspectors,to check at 5 a.m. to make sure it's not loud? Ms. Sabo: If we are referring to lighting,yes, we will have somebody that goes out first thing in the morning. If it's a noise ordinance issue,then we work with police that would have somebody go out. And if there is a noise ordinance issue that is also a zoning issue,we'll work with them to be able to handle that enforcement. Ms. Byler: I appreciate knowing there's a procedure in place. Thank you. Mr. Coston: Anymore? Okay. Mr.Anderson: Commissioner,this is my district,and I'd just like to say that we've worked very closely with the client and Mr. Schmidt on addressing the homeowners' issues,with the buffering, the 8 foot fence that was not proposed earlier because the residents wanted that to have more security and site. But I also would like to go back to one of the other applications,where I had my first house in Pocahontas Village. When I moved in, all of a sudden there was a hotel being built right behind me and we had light issues. The owner was very good about working with our street on redoing the light. So I hope that the Miller group will be,and I know they will,because they've done a lot of things to clean up there,to be good neighbors for these, if they can sit down and make sure the lighting on the building,when that is built,to be in accordance with,to help the neighbors. So I think they will be good neighbors. And what I'd like to, I'd like to submit for approval for this agenda item. Mr. Coston: Do I hear a second? Mr. Schoonover: Second. Mr. Coston: So it has been moved by Commissioner Anderson and seconded by Commissioner Schoonover. Are we ready for questions? Mr. Plumlee: One quick comment, Mr. Chairman, if I may, on this. I'm going to support it. What we're looking at is the bulk storage yard. It could have totally been the applicant's choice to simply build what they're showing you where the building is, without coming here, without adding any of the additional buffering, the limitations on traffic flow. They've done that by bringing that into the discussion with the bulk storage yard. And that has made this a better application for the neighbors. In fact, the delay that we did for 30 days last month has made this a better application. So I want to support it and I want people to understand the effort that goes into this process. Thank you. Mr. Coston: Commissioner Mauch. Mr.Mauch: I do want to echo Commissioner Plumlee's comments, and I do think that they have gone above and beyond to try to address some of the concerns. And I thank the applicant. Mr. Coston: So are we ready?For the question? Clerk: The vote is open. By a recorded vote of 11 to 0, Item 11 Oceana Development, LLC has been recommended for approval. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The site shall be developed in substantial conformance to the conceptual site plan entitled, "PROGRESS LANE CONCEPT", dated 12/11/202S, prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence or chain- link fence. 3. The fencing styles shall be in substantial conformance, per the Planning Director or their designee, to the fence renderings exhibited to the Virginia Beach City Council and on file with the Department of Planning and Community Development. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: flan AIW 1lpnlm 111 To: �n,�A�i+L .1kie, Exta RE:[ Q RE:Proposed Sulk 6twaae Yard a.: Tuesday,January 27,M26 a:M:M AM A—hmerrN: nuiaeDa2 nna minedOc maaeOMa _— _._._.._..-_.._._ CA!lrloN:This email originated from outside of the City of Virginia Beach.Do not dick links or open attachments unless you recognize the sender and know the content Is sale. Good morning, Appreciate all the information provided. We feel this a massive invasion of our privacy and my home/neighborhood was shown on HGTV. The only way to stall or prevent another unnecessary bulk storge yard in our area is to file lawsuits against all parties involved. You may pass on to the Planning Commission. Thank you for all your help in this matter! Abel Deleon Project Manegerlll Prism Maritime,LLC 1416 Keltand Dr,Ste B Chesapeake,VA 23320-4447 CeIL•757-362-8226 PRISM MA From:Kristin A.Bauer<KBauer Dvbgov.com> Sent:Monday,January 26,2026 8:58 AM To:Deleon,Abelardo(Prism Maritime LLC)<abel.deleon@prismmaritime.com> Subject:RE:(Extemal]RE:Proposed Bulk Storage Yard Good morning, You're very welcome. As to follow up on your request,Zoning recommends escalatingto police and their non-emergency line when It Is happening because from what I can see on their site here,Register Code Comnlaint I City of Virginia Reach.Zoning will defer to that number I gave you to call the police to get a meter reading on it.For non-emergencies they have listed 757-385-5000 but I am not sure if theta the number they gave you from the 311 line. You can also file something online:htt—flvh311.virginiaheach_gnv/and track your requests here. Apologies if those are routes you've already tried but that has been the gist of answers I've been getting. Thankyou, Kristin Bauer(she/her) PLANNING ADMINISTRATION Planner I 0:757-385-1954 kbausr0vbrtov.cum virginiaheachmov Building 31 2403 Courthouse Drive I Virginia Beach,VA 23456 CtTY OF VIRGINIA ^" BEACH From:Deleon,Abelardo(Prism Maritime LLC)<ahel delennOnriemrnaritime n— Sent:Friday,January 23,2026 2:07 PM To:Kristin A.Bauer<KRaueE@tLgn rum> Cc:Breotnie C.N.Harrison<RNHarrim(alvhmv com> Subject:Re:[External]RE:Proposed Bulk Storage Yard GUr1ON: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. Hi Kristen, Thanks you forthe information,I was provided a telephone number that led to nothing when calling 311.Thanks and have a great weekend!Be safe out there with the incoming weather. Thanks Abel Deleon Project Manager III PRISM MARITIME LLC 757-362-8226 From:Kristin A.Bauer<x8anerna vhenv rnm> Sent:Friday,January 23,2026 10:33:32 AM To:Deleon,Abelardo(Prism Maritime LLC)<ahel dplacmOnrism aritime rnm> Cc:Breotnie C.N.Harrison<RNHarrisn(dvhmv.rnm> Subject:RE:[External]RE:Proposed Bulk Storage Yard Good morning Mr.Deleon, The application was given a 30-day deferral Januarys PC,so it is set for Wednesday,February 11.Owe we post February's agenda sometime around the first week of Feb,you should be able to access the WebEx link from our page:Plan nine cnmmi.ssion I City of Virginia Reach_when you click"Agenda"next to the Feb 11 date. If you are interested in signing up to speak,please contact Breotnie Harrison again so she can register you,cc'd on this e-mail. As for other routes for reporting noise violations,let me ask around and see if there are any alternatives I can provide for you. Best, Kristin Bauer(she/her) PLANNING ADMINISTRATION Planner 1 0:757-385-1954 khauerCa)vbeov.com virginiahe ch.wv Building 3 12403 Courthouse Drive I Virginia Beach,VA 23456 CITY OF VIRGINIA AmmWv BEACH From:Deleon,Abelardo(Prism Maritime LLC)<ahel delenriOnrismmarit me rom> Sent:Friday,January 23,2026 10:20 AM To:Kristin A.Bauer<KRauerQvhgnv com> Subject:RE:[External]RE:Proposed Bulk Storage Yard UUfICIN:This email originated from outside of the City of Virginia Beach.Do not dick links or open attachments unless you mcDgnize the sender and know the content is safe. 1 Good morning,Kristin, Do you know the date for next hearingwith the Planning Commission pertaining to this matter? Also callingthe Emergency Services and Citizens Services(VB311),757-385-3111 is no help,who can 1 reach to provide the evidence for allthe noise violations that are continuingto happen surrounding my property?Or is my only option to obtain an attorney. Thank you for all your help! Thanks Abel Deleon Project Manager lfl Prism Maritime,LLC 1416 Kelland Dr,Ste B Chesapeake,VA 23320-4447 Cell:757-362-8226 PRISM 4A smrrww�vrraMe�aarm From:Deleon,Abelardo(Prism Maritime LLC)<ahel delecriO rsmmaritime rnm> Sent:Tuesday,January 13,2026 11:17 AM To:Kristin A.Bauer<KRauer0vhgn rnm Subject:Re:[External]RE:Proposed Bulk Storage Yard Good morning,Kristin, Yes please,I would foryou to forward the information to the Planning Commission since I won't be available to attend or call in due to my work location.I did request Webex information which I have received.I appreciate yourtime and help with this matter! Thanks Abel Deleon Project Manager III PRISM MARITIME LLC 757-362-8226 From:Kristin A.Bauer<KRanerk)yhanv.rnm> Sent:Tuesday,January 13,2026 10:19 AM To:Deleon,Abelardo(Prism Maritime LLC)<ahel.delaontalnrismmaritime rnm> Subject:RE:[External]RE:Proposed Bulk Storage Yard Good morning Mr.Deleon, Thank you for sharing your concems.if you would like,I can share this e-mail with the Planning Commission as a formal letter of opposition,just let me know. For your questions,please see my replies below: "How much more noise levels will this cause?" The application did not require a noise study,so currently I do not have any data on that to share with you.I will share that the applicant has revised their she plan to incorporate another row of evergreen trees to help assist with the noise concerns,as depicted down below near the purple/pink line: �" � .3 -" - —reocacssu�'cavcmr / %..'.a ITBf.LVABGCa.IA . _ Kimleyl;)Hom -.VA ".tea "Howmuch more will this affect the rain drainage to ourproperties?" Stormwater review will be conducted during site plan review,which occurs after City Council approval.This review is intended to ensure the proposed stormwater management complies with applicable regulations and does not adversely impact surrounding property owners.l can give you our stormwater reviewer's contact if you'd Uke more details about that process. `How will this effect the tons of Wildlife behind our properties?" Studies regarding Wildlife Impacts have not been reviewed as part of this request and is not a requirement for current reviews of discretionary applications. "How will this affect our home property values?" Land value is also not a part of staff's review for recommendation,however,as offered earlier,I can share this concern with the Planning Commission If you'd like me to pass along this a-mail. If you haven't already,please feel free to review the posted staff report linked in my previous a-mail for further details.I'm sorry to hear you're having issues with late-night/earty-morning noise and encourage you to report it to Emergency Services and Citizens Services(VB311),757-385-3111. Thankyou Kristin Bauer(she/her) PLANNING ADMINISTRATION Planner) 0:757-385-1954 khanerC vbeay.com virrriniaheanh.00v Building 3 12403 Courthouse Drive I Virginia Beach,VA 23456 CfTY 0P VtRGIN1A AaWi BEACH From:Deleon,Abelardo(Prism Maritime LLC)<ahel rlelennlrilnri�m aritime rom> Sent:Monday,January 12,2026 2:58 PM To:Kristin A.Bauer<k8auerkavhrsov rnm> Subject:RE:(External)RE:Proposed Bulk Storage Yard GMIOW This email originated from outside of the City of Virginia Beach.Do not dick links or open attachments unless you recognize the sender and know the content is safe. Good afternoon,Kristin, I have a few following up questions since I won't be to attend or virtually speak at the public hearings due to my work location. Issues of concern: • Noise • Environmental impact • Propertyvalues How much more noise levels will this cause? From my understand the MG owns the existing bulk storage yard to the left of our home properties causing some of the noise.I have attached a link to a video(forklifts at the being loud sounds at 1:30into the video)with sound coming from the back corporations/businesses(DORMAN)is an example.I plan to start recording sound levels with Mil Spec calibrated equipment for the restricted times to submit the City of Va Beach. RiritVideo 20260110 134891_MP4 Download Attachment Available until Feb 11.2026 How much more will this affect the rain drainage to our properties?Pictures attached. How will this effect the tons of Wildlife behind our properties?Eagles,hawks,owls all types of birds,foxes,turtles,and Snakes to name a few.I can provide pits/videos if required.This is a strong selling point for most. How will this affect our home property values? 1 understand this is a formality and wait of time but at least The Miller Group is on my radar. appreciate your time/assistance with this matter. Thanks Abet Deleon Project Managerlll Prism Maritime,LLC 1416 Kelland Dr,Ste B Chesapeake,VA 23320-4447 Cell:757-362-8226 PRISM 4A From:Kristin A.Bauer<Kaanerwheov rnm> Sent:Wednesday,January 7,2026 11:28 AM To:Deleon,Abelardo(Prism Maritime LLC)<ahel delennaanrismmaritime ro m> Subject:RE:[External]RE:Proposed Bulk Storage Yard Mr.Deleon, You're welcome.Thank you for sharing and I'll be here to assist should you have more questions. Best, Kristin Bauer(she/her) PLANNING ADMINISTRATION Planner 0:757-385-1954 khauerCwvhaov cam yjrpiniahearh.aov Building 31 2403 Courthouse Drive I Virginia Beach,VA 23456 BE.AACCHtA From:Deleon,Abelardo(Prism Maritime LLC)<Abel deleontftrismmaritime.com> Sent:Wednesday,January 7,202611:07 AM To:Kristin A.Bauer<KBALerlr ybaQL=> Subject:RE:[External]RE:Proposed Bulk Storage Yard CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning,Kristin, Thank you for some of the clarifications regrading this contractor equipment storage proposal. I've attached the email correspondence from the Director of real-estate Development just so you are aware. We will have more environmental and noise questions to follow,I appreciate your time! Thanks Aber Deleon Project Manager 111 Prism Maritime,LLC 1416 Kelland Dr,Ste B Chesapeake,VA 23320-4447 Cell:757-362-8226 PRISM ,MA From:Kristin A.Bauer<ef4aner(olvhonv rom> Sent:Wednesday,January 7,2026 9:51 AM To:Deleon,Abelardo(Prism Maritime LLC)<ahel AelennOnrismmaritime.rom> Subject:(External]RE:Proposed Bulk Storage Yard ......................................................................................................................................................................................................................................................................................................... :CAUTION! This email originated from outside of the organization.Do not reply,dick links or open attachments un!ese you recognize the sender and know the content I.safe. ..................................................................................................................................................................................................................................................................................................... Good morning Mr.Deleon, Thank you for your inquiry.I have replied to your questions below in blue: "What type of bulk storage yard?" The Bulk Storage Yard will be used to store contractor equipment and some materials,including but not limited to water pipes,sewer pipes,drainage pipes,utility structures,etc.The yard is to be used by a site contractor and materials are stored in a rotational manner awaiting delivery to or use on a construction jobshe elsewhere. "How much actual tree line will be left behind the Evergreen's Neighborhood?Marking do not match the Propose drawing submitted in the application." The homes on the at the end of Brush Creek Lane(Evergreen Neighborhood)will be buffered by a 25'landscape composed of the aheady mature tree growth adding Cate¢ory 11 Landscaping along the parking tot edge.Should City Council approve the application,the landscaping plans will need to be finalized with a site plan review consistent with the plans in the staff report.Please see the current she plan below. PROGR SSLAA2'C'ONCM7 t itZtGfMA RB'AC74 VA — 1 4—��rd i - r � I l � ' PROGRESS LANE Kimsey>))Horn VIRGINIA BEACH VA DECEMBER 11.2025 r "How much more is this going to contribute the noise violations that are happening daily from 3am thru Barn from the businesses behind The Evergreens Neighborhood." The proposed business hours would be 7:OOAM to 3:30PM.For current noise violations,please contact Emergency Services and Citizens Services(VB311),757-385-3111. I invite you to took over the staff report this Thursday afternoon.it will be posted under"Agendas,Minutes,Staff Reports,Videos",2026,labeled Staff Reports for the upcoming Planning Commission Date:PLnnin¢Commission I City of Virginia Reach, I am happy to answer any further questions you may have. Thankyou, Kristin Bauer(she/her) PLANNING ADMINISTRATION Planner) 0:757-385-1954 k1bauerC0vb¢ov.com viminialb-ch.¢ov Building 3 12403 Courthouse Drive I Virginia Beach,VA 23456 VeGltY OF VIAINIA ^w, BEACH From:Deleon,Abelardo(Prism Maritime LLC).abel deleonOnrismmaritimer m> Sent:Tuesday,January 6,2026 4:07 PM To:Kristi n A.Bauer<KRaierin�vh¢n m> Subject:FW:Proposed Bulk Storage Yard CAUTION:This email mtginated from outside of the City of Virginia Beach.Do not dick links or open attachments unless you recognize the sender and know the content is We. Good afternoon,Kristen, I emailed the Director of Real Estate Development below with some questions regarding this proposed bulk storge yard. I received the notice for the conditional use permit application. What type of bulk storage yard? How much actual tree line will be left behind the Evergreen's Neighborhood?Marking do not match the Propose drawing submitted in the application. How much more is this going to contribute the noise violations that are happening daily from 3am thru Sam from the businesses behind The Evergreens Neighborhood. Please reach out by email or number below. Thanks Abel Deleon Project Managerlll Prism Maritime,LLC 1416 Kelland Dr,Ste B Chesapeake,VA 23320-4447 Cell:757-362-8226 PRISM \MA lva�r......v_.e..a...s From:Deleon,Abelardo(Prism Maritime LLC) Sent:Tuesday,January 6,2026 10:34 AM To:'Imiller@millergrpva.com'<Imillerralmiller Subject:Proposed Bulk Storage Yard Good morning,Laurie, I received the notice for the conditional use permit application.I have a few questions below. What type of bulk storage yard? How much actual tree tine will be left behind the Evergreen's Neighborhood?Marking do not match the Propose drawing submitted in the application. How much more is this going to contribute the noise violations that are happening daily from the businesses behind. Please reach out by email or number below. Thanks Abel Deleon Project Managerlll Prism Maritime,LLC 1416 Kelland Dr,Ste B Chesapeake,VA 23320-4447 Cell:757-362-8226 PRISM I'ARITIME .............................................................................................................................................................................................................................................................................................. :PROPRIETARY NOTICE This e-mail,including any and all attachments,is intended for the sole use of the Intended recipient.It may contain proprietary information.Dissemination,distribution,or copying of this e-mail or the Information herein by anyone other than i ;the intended recipient is prohibited unless expresslyauthonzed by the sender.Ifyou have received this e-mail in error,please notify the sender by reply a-mail,and destroy the original message. :CONTROLLED DISTRIBUTION Unencrypted email is not an authwized medium for transmitting Personally Identifiable Information(PIE)or Covered Defense Information(CDI).Any email containing PIE subject to the Privacy Act,or any CDI that has a distribution statement on: it,should be digitally signed and encrypted using DOD approed certificates.Further,distribution of technical data as defined by International Traffic in Arms Regulations or Export Administration Regulations yia any means to a foreign persona j company is strictly prohibited. i i................................................_......................................................................................................................................................................................................................................................I ........................................................................................................................................................................................................................................................................................................s i PROPRIETARY NOTICE This e-mail,including any and all attachments,is intended for the sole use of the intended recipient.It may contain proprietary information.Dissemination,distribution,or copying of this e-mail or the information herein by anyone other than ;the intended recipient is prohibited unless expressly authorized by the sender.If you have received this e-mail in error,please notify the sender by reply e-mail,and destroy the original message. :CONTROLLED DISTRIBUTION Unencrypted email is not an authorized medium for transmitting Personally Identifiable Information(PIE)or Coyered Defense Information(CDI).Any email containing PIE subject to the Privacy Act,or any CDI that has a distribution statement on! 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CONTROLLED DISTRIBUTION Unencrypted email is not an authorized medium for transmitting personally Identifiable Information(PII)or Covered Defense Information(CDI).Any email containing PII subject to the Privacy Act,or any CDI that has a distribution statement on it,should be digitally signed and encrypted using DoO approved certificates.Further,distribution aft.hnical data as defined bylnternational Traffic in Arms Regulations or Export Administration Regulations via any meansto a foreign Person or company is strictly prohibited. y i Yam. a .w W 1 , r CO €g • ... �' wx_ Ak 1 r RESS u : UN �.., 4 � ' 1i.) r a ..w V_. . QOr s�� � ` � _. a � q s c,? � � 't, �,;. ... . .. �. �. �, �r� �� �► �. r . v A .. �, �, �." .• > �14+ � , " ' •,• �" .. P r � ` �{,-. oC E � �'z ��.- .t A1,`• �V �. #� 4 7Y A .. €.� „�G ��' ��a` '� rtuti � v r4 ";s ,.� „ ��t„ .4" ,+„tea 3..� .. � ��w t .. ` � ,�y e r _' �� '� ,,� b� �� � � � '. g. r ��.:.- � _ i d ��� �.�ti�! � t I .4r � �•A1. i ���� {`:�� � 4� ��. ;:Via'. i .i}.. �� •tft '< ��`,�Yz �` '�,7 pd�,+ �i 1/j tj ? �r fIxi (( j t+ if j Pt F if 4 qq d P ' #q I s x January 14, 2026 Virginia Beach Planning Commission c/o Department of Planning and Community Development City Hall, Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Also sent to: Oceana Development LLC/The Miller Group/Kimley Horn Re: Conditional Use Permit Application — Bulk Storage Yard (464 Progress Lane;Agenda Item 7) From: Heather Cook Address: Nottingham Estates Dear Planning Commissioners and Project Representatives, I am writing as an adjacent property owner to formally register my strong opposition to the Conditional Use Permit(CUP) application for the proposed bulk storage laydown yard and associated development at 464 Progress Lane. My property directly borders the proposed bulk storage yard,and after reviewing the submitted materials and observing the site and surrounding area, I believe this use is incompatible with the neighboring residential community. My principal concerns are summarized below: 1. Residential adjacency and quality-of-life impacts The proposed laydown yard would be immediately adjacent to single-family homes. Even with fencing and partial vegetation,the nature of this use— including heavy equipment staging, loading and unloading,truck traffic, noise,dust, diesel fumes, and vibration — will materially diminish the safety, privacy, and livability of our home and yard. These impacts are not temporary;they would be ongoing and unavoidable. 2. Hours, noise, and operational concerns The proposed operating hours (Monday—Saturday)and the lack of meaningful restrictions on equipment movement,truck deliveries, and idling create a high likelihood of persistent disturbance for nearby residents, including families with children and those working from home. The concept of"compatibility" cited in application materials does not adequately account for these daily, cumulative impacts on adjacent homes. While the staff report references to compatibility with AICUZ provisions,the combination of heavy equipment, increased truck traffic near local residential streets, and proximity to homes raises safety and emergency access concerns that should be more thoroughly addressed. 3. Screening,fencing, and aesthetics The request to allow chain-link fencing rather than opaque Category VI screening along portions of the residential boundary is especially concerning. Chain-link fencing does not provide meaningful visual buffering, noise reduction,or a sense of security for residents whose homes directly overlook the site. Even when combined with existing trees,this fencing type reinforces the industrial character of the yard and is inconsistent with residential adjacency. 4. Environmental impacts and loss of wooded buffer While references are made to preserving some existing vegetation,the proposal still requires clearing trees and disturbing land that currently serves as a natural buffer between industrial and residential uses.This wooded area provides noise attenuation, visual screening,wildlife habitat, and stormwater benefits that cannot be replicated by fencing or limited landscaping after the fact. Commercial laydown yards often generate additional impervious surface, fuel/oil/chemical exposure,and potential for runoff. I am concerned that retention of"existing forested area" is not a sufficient guarantee against disturbance, nor is it a substitute for on-site storm water protections and long term monitoring. 5. Availability of existing laydown yards and underutilized industrial space Importantly,this proposed development appears unnecessary given the presence of existing laydown yards in close proximity.There is an active laydown yard at the end of Bowland Parkway with access to Progress Lane, as well as an established laydown yard at the London Bridge Commerce Center less than two miles from this site.These existing facilities already serve industrial needs without further encroaching on residential areas or requiring additional tree removal.The availability of these nearby, already-disturbed sites raises serious questions about the need to create a new laydown yard at this location — particularly one that directly borders homes. From a planning and environmental stewardship perspective, prioritizing the use of existing industrial resources over clearing additional wooded land is both reasonable and responsible. 6. Safety, property value, and neighborhood character Introducing a new industrial laydown yard at the edge of a residential neighborhood will negatively affect property values and undermine the stability and character of the community. Once trees are removed and industrial operations begin,these impacts cannot be reversed. Transforming a border area of a residential neighborhood into an industrial storage yard undermines the "Great Neighborhoods"goal cited in the Comprhensive Plan. Requested action: For the reasons outlined above, I respectfully urge the Planning Commission to deny this Conditional Use Permit application. The proposed use is incompatible with adjacent residential properties, unnecessary given existing nearby facilities, and contrary to the goal of minimizing environmental disturbance when viable alternatives exist. If the Commission nonetheless considers approval, I strongly request: • Deny the deviation request for chain-link fencing along the residential edge; require opaque Category VI fencing or an equivalently effective, permanent visual/sound barrier where the yard meets homes. • Require a minimum 20-30 foot landscaped, maintained buffer on the residential edge beyond existing forest with plantings adequate to provide year-round screening and sound dampening, and a maintenance covenant recorded against the property. • Stronger operational limits: restrict hours of delivery and heavy equipment movement (e.g., no weekend operations; no deliveries before 8:00 A.M.; no activity after 3:00 P.M.), and limit overnight vehicle parking on site. • Limit stacking heights to well below the top of the fence (staff condition#2 is insufficiently specific). Require that nothing be stacked higher than an agreed maximum (for example, no more than 6-8 feet above finished grade along the residential boundary). • Prohibit storage of hazardous or potentially polluting materials on site; require spill prevention plans,secondary containment, and routine inspections submitted to the City and adjacent neighbors. • Require a comprehensive lighting plan that ensures full compliance with shielding and that no light trespass occurs onto neighboring properties. Enforce a 14-foot pole height maximum and downward-directed fixtures. • Truck routing plan and traffic controls to keep heavy trucks off neighborhood streets,with enforcement provisions and signage. Limit truck idling and require regular muffler/noise controls. • Binding environmental protections: enforceable CBPA protections,stormwater management measures, and post-construction monitoring; require a pre-and post-construction baseline for soil/air quality and a remediation plan if problems arise. • Crime prevention and security measures that avoid creating a "gated industrial"feel next to homes (security lighting and cameras only as necessary and not directed at private yards). • A community liaison and regular quarterly meetings with neighbors while the facility is operating, and a clear process for neighbors to report violations and receive timely responses. If the Commission is inclined to approve this CUP, I respectfully request that approval be postponed until neighbors'substantive mitigation requests are incorporated into final, enforceable conditions and until detailed site plan review confirms those protections. Otherwise, I urge denial of the CUP as incompatible with the adjacent residential neighborhood and inconsistent with maintaining the health,safety, and welfare of affected homeowners. Please include this letter in the public record for Agenda Item 7.Thank you for your time and consideration. Sincerely, Heather Cook Subject:Opposition for Oceana Development LLC(Agenda Item 11,464 Progress Lane) Dear Planning Commissioners, I am a homeowner in the single-family neighborhood directly adjacent to the proposed Bulk Storage Yard at 464 Progress Lane (Agenda Item 11). 1 respectfully request that the Planning Commission defer this application pending additional study and clarification of several significant impacts to surrounding residential properties. While I recognize the property is zoned 1-1 Light Industrial,zoning alone does not eliminate the responsibility to ensure compatibility with long-established neighboring homes. The residential neighborhood bordering the northern and eastern boundaries of this project was built in the 1970s and has been a stable community for over five decades. Homeowners purchased and maintained their properties with the expectation that required zoning protections — including mandatory opaque screening for bulk storage yards — would be upheld. Any deviation from those standards directly affects a long-standing residential area that predates much of the surrounding industrial redevelopment. I respectfully raise the following concerns: 1. Screening Deviation Along Residential Boundaries The ordinance requires Category VI screening— a six-foot solid fence with landscaping—for bulk storage yards.The applicant is requesting a deviation to allow chain link fencing along portions of the northern and eastern boundaries adjacent to homes. Chain link fencing does not: • Block visibility of stored industrial materials • Reduce operational noise • Shield headlights or security lighting • Provide year-round visual buffering The proposal relies on "existing mature vegetation," but no long-term preservation guarantee is provided.Vegetation can thin, die, or be removed over time. Once this deviation is granted, neighboring homeowners have little recourse if the buffer deteriorates. If opaque screening is required by ordinance for this use, it should not be waived where residential properties are most impacted. 2. Incomplete Traffic Analysis The staff report states: • No existing traffic count available • 42 Average Daily Trips estimated • No trip generation data available for laydown yards The 42-trip estimate appears based on the 30,000 sq.ft.warehouse only, not the operational realities of a contractor laydown yard. Such yards typically involve: • Multiple employee vehicles • Heavy trucks and flatbeds • Early morning departures • Equipment loading and material staging Without a formal traffic study including peak-hour analysis and truck-routing review,the Commission cannot adequately assess impact to adjacent residential streets. 3. Lack of Operational Specificity The report lists materials that may be stored but includes the phrase "including but not limited to."That language leaves the scope open-ended. The application does not clearly define: • Number of employees • Number and type of trucks • Whether outdoor equipment repair will occur • Whether fuel or hazardous materials will be stored • Maximum stacking height in feet • Whether trucks may idle on site Given the site's location adjacent to homes and within the Chesapeake Bay watershed,these details are necessary for informed decision-making. 4. Noise and Lighting Impacts Not Fully Studied Although the site lies within AICUZ zones related to aircraft noise, aircraft overflights are intermittent and fundamentally different from daily industrial operations such as truck idling, backup alarms,and material handling. No operational noise study has been provided. Additionally,while lighting is limited to 14 feet and must be shielded, no photometric plan is included to demonstrate that light spill into residential properties will be prevented. 5. Chesapeake Bay Watershed Considerations The site is located within the Chesapeake Bay watershed.The report does not provide sufficient detail regarding stormwater management design,spill prevention, or long-term protection of the buffer area. Request for Deferral Given the absence of: • A formal traffic study • A noise impact analysis • A photometric lighting plan • Clearly defined operational limits • Required opaque screening along residential boundaries respectfully request that the Commission defer this application until these issues are addressed. This request is not opposition to economic development. It is a request for responsible development that respects and protects a long-established residential neighborhood and aligns with the Comprehensive Plan's guiding principle of sustaining "Great Neighborhoods." Thank you for your thoughtful consideration. Respectfully, Heather Cook, Nottingham Estates 2/11/26 Z rl B2 o B2 B2 0 oo R5S R5S ® site C the JEMS LLC C] zoning 1361 Virginia Beach Boulevard $1, Property Polygons s Feet 0 10 20 40 60 80 Map created by Planning Department on 1/16/2026 ��U erg 10 ,�Vrr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C THE JEMS, LLC [Applicant] Richard D. & James P. Goldstein [Property Owners] Conditional Use Permit (Bulk Storage Yard) for the property located at 1361 Virginia Beach Boulevard (GPIN 2417254844). COUNCIL DISTRICT 6 (Remick) MEETING DATE: March 17, 2026 (Deferred at February 17th CC Hearing) ■ Background: The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard at 1361 Virginia Beach Boulevard to utilize the 9,255 square foot parcel zoned B-2 Community Business District for the storage of towed vehicles. The site is located within the greater than 75 dB DNL, and partially within both the APZ-1 and APZ-2 of the AICUZ. The applicant intends to utilize the existing 1,440 square foot, two-story building as office space and for customers to pick up their vehicles. The other structures at the rear of the site will be removed to create space for approximately 20-25 towed vehicles. Hours of operation for the office will be 9:00 a.m. to 5:00 p.m., Monday through Saturday, with towing operations taking place 24/7. As depicted on the conceptual site plan, a six-foot tall vinyl privacy fence is proposed, as required. The applicant is requesting a deviation to the landscaping requirement and seeks approval to only install perimeter privacy fencing per Section 221(i) of the Zoning Ordinance due to the size of the property and the location of the existing impervious areas. ■ Considerations: The proposed Bulk Storage Yard is considered a compatible use within both the noise and accident potential zones. The proposed plans will improve the overall appearance and quality of the property by clearing the overhanging structures and dilapidated fence. While the applicant is requesting a deviation to the required landscaping around the perimeter of the bulk storage yard, the applicant is proposing to install foundation landscaping at the front of the existing structure as well as several street trees along the edge of the parking lot, which will improve the overall aesthetic of the site. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff has received four signatures of support from surrounding neighbors and there is no known opposition. C the Jems, LLC Page 2 of 3 ■ Recommendation: On January 14, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "LOT 6 LESS AND EXCEPT THE NORTHERN 25' & THE WESTERN LOT 65' OF LOT 35 PLAN OF LOTS LAID OUT BY ROY SMITH,", and dated 10/14/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site in the tow area shall be limited to those towed by the operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum, vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be reviewed and approved by the Department of Planning & Community Development prior to the installation of any new outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. 7. 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. 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 Petition of Support (4 signatures) C the Jems, LLC Page 3of3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -� Submitting Department/Agency: Planning Department City Manager: Agenda Item • Applicant: Property • • Goldstein Planning Commission • • 2026 V_B_ CouncilCity • '- Project Details Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval 'c on — ' 3� r 3 Staff Planner Kristin Bauer !_Ll �, 1 _l _ wL:___i_ ( _ r -T, —� Location W 1361 Virginia Beach Boulevard i -� _ GP/N ARTOW 2417254844 . Site Size - 9,255 square feet A/CUZ Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay P Existing Land Use and Zoning District � Retail/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Retail/ B-2 Community Business South Single-family dwelling/ R-5S Residential East Retail/ B-2 Community Business West Dozier Lane Vacant Lot/ B-2 Community Business C the Jems, LLC Agenda Item 9 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard to utilize this 9,255 square foot parcel zoned B-2 Community Business District for the storage of towed vehicles. • The site is located within the greater than 75 dB DNL and APZ-1 of the AICUZ. The proposed use of a Bulk Storage Yard is considered a compatible use within both the noise and accident potential zones. • The site currently contains an approximately 1,440 square foot, two-story building, which the applicant intends to use for office and storage space. The first floor of the structure will be open to the public and utilized for office space,while the second floor will be dedicated to storage. The other structures in the rear of the property will be removed to create space for approximately 20-25 spaces for towed vehicles. • Hours of operation for the office will be 9:00 a.m. to 5:00 p.m., Monday through Saturday, with towing operations taking place 24/7. • The proposed storage yard will only be open to the public for vehicle retrieval when accompanied by an employee. • As shown on the Conceptual Site Plan, the applicant intends to utilize the two existing accesses, one along Dozier Lane and another from Virginia Beach Boulevard. • Minimal improvements are proposed with this request, as the rear of the site, which will be used for vehicle storage, is already paved. No new buildings or structures are proposed except for the replacement of the existing wood fence with a vinyl privacy fence to screen the proposed storage yard. Additionally, the existing nonconforming sign located to the west of the main entrance will be removed, as depicted on the concept plan. • While no outdoor lighting is proposed, Condition 6 has been recommended to ensure adherence to the City's lighting ordinance, should the applicant wish to add lighting in the future. • Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be fully enclosed with a minimum six- foot tall privacy fence in combination with Category VI landscape plantings. As depicted on the conceptual site plan, a six-foot tall vinyl privacy fence is proposed, as required.The applicant is requesting a deviation to the landscaping requirement and seeks approval to only install perimeter privacy fencing per Section 221(i) of the Zoning Ordinance due to the size of the property and the location of the existing impervious areas and fencing. • Per Section 203(a)(24) of the Zoning Ordinance, one parking space per three hundred thirty(330) square feet of floor area is required for the office use. There are 4 existing parking spaces on site thereby satisfying that requirement. C the Jems, LLC Agenda Item 9 page 2 of 15 Zoning History No Zoning History to Report z B2 m 62 B2 00 0 R5S R5S _F Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit to operate a Bulk Storage Yard for the storage of vehicles is acceptable. While the site lies within the Suburban Area of the City, in which the Comprehensive Plan recommends the incorporation of complementary non-residential uses, the property's location within the greater than 75 dB DNL noise zone and the APZ-1 limits the uses permissible on the site to those that are compatible with Naval flight operations.The proposed Bulk Storage Yard is considered compatible with both the high noise zone and Accident Potential Zone. Although the Comprehensive Plan Reference Handbook calls for the incorporation of pedestrian-oriented pathways and locating the building towards the front of the site with the parking at the rear(p. B-6 & B-7), since the applicant intends to reuse the main building with limited land disturbance proposed, staff finds the existing layout appropriate for the proposed use. Similarly, although the Active Transportation Plan recommends an 11-foot wide side path be installed along the entire Virginia Beach Boulevard frontage, since the minimal land disturbance proposed would not require a formal site plan review through the Development Services Center, and the existing sidewalk on site is approximately 7.5 feet in width, staff has not conditioned the installation of a side path, with this request. As stated previously, the applicant is requesting a deviation to the landscaping required around the perimeter of the Bulk Storage Yard.The size of the subject parcel as well as the location of the existing improvements, including the existing impervious area and fencing, staff is amendable to the deviation request. As seen on the conceptual plan, the applicant is proposing to install foundation landscaping and several trees along the perimeter of the parking lot, where none currently exist. C the Jems, LLC Agenda Item 9 page 3 of 15 Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "LOT 6 LESS AND EXCEPT THE NORTHERN 25' &THE WESTERN LOT 6S' OF LOT 35 PLAN OF LOTS LAID OUT BY ROY SMITH,", and dated 10/14/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site in the tow area shall be limited to those towed by the operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum,vinyl, or other durable composite material. Wood and chain- link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be reviewed and approved by the Department of Planning & Community Development prior to the installation of any new outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. 7. 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. 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. F C the Jems, LLC Agenda Item 9 page 4 of 15 Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods.The property also falls into the AICUZ character area, as defined by the Commercial Area Pattern Book (CAPE) as commercial corridors that lie within an Accident Potential Zone or Noise Contour. These commercial developments "are most commonly restaurants, auto-services, warehouses, or offices. They are typically separated from adjacent parcels by natural features or constructed barriers, especially when adjacent to residential uses" (p. 56, CAPB). The design polices and principles from the Reference Handbook call for parking to be located in the rear of the site and pedestrian paths to be incorporated into the design to reduce the potential of auto-oriented accidents. (p. 57 CAPB & B-6, Reference Handbook). The Reference Handbook also calls for landscaping enhancements (p. B-7) . ResourcesNatural & Cultural The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. C the Jems, LLC Agenda Item 9 page 5 of 15 a , a • • IN 1 Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 1 25,100 ADT 1(LOS 4 Boulevard 10,900 ADT "D„) Existing Land Use'—75 ADT Existing Zoning'—110 ADT No existing traffic counts are available for this Dozier Lane Proposed Land Use- No Data roadway. Available for Bulk Storage Yard 1 Average Daily Trips 2As defined by 1,200 'As defined by .2ac of 4LOS = Level of sq ft variety retail B-2 Business District Service store Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Virginia Beach Boulevard, in the vicinity of this application, has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 100 feet. Active Transportation Plan(ATP) The Active Transportation Plan proposes a side path for Virginia Beach Blvd in this location. Parks & Recreation recommended the current sidewalk be expanded to a width of 11 feet as specified in the ATR Public • . Water&Sewer The site is currently connected to city water and sanitary sewer. The existing 5/8-inch water meter may be used to accommodate the proposed use. C the Jems, LLC Agenda Item 9 page 6 of 15 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 3 signatures of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 15, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 31, 2025 and January 7, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 29, 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 January 8, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. C the Jems, LLC Agenda Item 9 page 7 of 15 Proposed :3 r it ear s e vinyl Privacy with 6'earth tone�riryi privacy fence —iY++=`earth lane vinyl privacy fence PART OF Remo"swum 35 TwN�ru"-0 6'Earth tone vinyl 4Z w .Y1 N t 114` 1 owWYsupon Holly of similar #'rt{t i t4 Rigst@ a d►sin itikfenes 4'on enter an with earth tone H'vin —-"—` Eastern Rod Cedar %470 10'on center 01176 AC TUTA6 AdWhL 3"+K�adi ei q Renwys cs Sign 3.p a L! pn F eaec+vt� POW VIRGINIA REACH BOULEVARD public right,or,way C the Jems, LLC Agenda Item 9 page 8 of 15 Proposed . . Material SAMPLE OF PROPOsD EARTHTONE FENCING }\ : \ ?�\� ?. d \ d ¢y1. , . C the]em% LC Agenda Item 9 page 9 of15 Site • • j t r n C the Jems, LLC Agenda Item 9 page 10 of 15 Site Photos i a----------- "A a C the Jems, LLC Agenda Item 9 page 11 of 15 Disclosure VIRGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application C the JEMS LLC Is Applicant also the Owner of the subject property? Yes(No(F) If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCL05URE(page 3). Does Applicant have a Representative?YesO No( if yes,name Representative: George T. Dillon III, Esq., Poole Brooke Plumlee, PC Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(• No( If yes,list the names of ail 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.) Mark Sawyers aka Jonathan Sawyers,Member/Manager Stacie Sawyers,Member __.__ Does the subject property have a proposed or pending purchaser? Yes 9 No If yes,name proposed or pending purchaser: the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes(No(F) If yes,name the official or employee,and describe the nature of their interest. I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing{mortgage,deeds of trust, 7( O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 C the 1ems, LLC Agenda Item 9 page 12 of 15 SECTIONDisclosure Statement DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor �O)^ 0 Engineer/Surveyor/Agent GO Dennis Taflambas,DKT Associates Land Surveyors Legal Services fl Q George T.Dillon III,Esq.,Poole Brooke Plumlee,PC APPLICANT CERTIFICATION R£AD: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. C the JEMS LLC 7Mgthy&aee 20i31/2025 F: than S4—ICS 101t 31.i025 Q9:,i)[DT} Applicant Name(Print) Applicant Signature Date i"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the 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): 03/02/2026 Kristin Bauer 03/02/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 C the Jems, LLC Agenda Item 9 page 13 of 15 Disclosure Statement Y PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Richard D Goldstein and James P Goldstein Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Ye N • If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidlary d or affiliated business enLity 2 relationship with the applicant. Attach list/ necesso Does the subject property have a proposed or pending purchaser? Yes • Not If yes,name proposed or pending purchaser: _the applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Doss an official or employee of the City of Virginia Beach have an tntergEl In the Subject land or any proposed development contingent on the subject public action? Yes O No • es name the official or employee,and describe the nature of their Interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property,The name of the entity or individual providing such services must be identified.(Attach list if necessa .) SERVICE YES NO SERVICE PROVIDER Nameentity and orindly(duol Financing(mortgage,deeds of trust, O O cross•collaterallzatlon etc. Real Estate Broker/Agent/Realtor d O John Kalelas,The KaWas Cogeny Accounting/Tax Return Pre aration © e Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 0 EngMeer/Surveyor/Agent 0 0 Le at Services @ Q Toward R Ste,Jr.,Esa,Sykes,Bourdon,Ahem d levy,P.C. PROPERTY OWNER CERTIFICATION READ:i certify that all Information contained In this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the Information provided herein weeks for to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any l committee in connection with this application. Richard D t3otdateln and James P Goldstein Property Owner Name(Print) rope ty er as Date Disclosure Statement I rev. May-2024 jQ'3t�Zs page 3 of 3 C the Jems, LLC Agenda Item 9 page 14 of 15 • 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. C the Jems, LLC Agenda Item 9 page 15 of 15 Virginia Beach Planning Commission January 14, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #09 C the JEMS LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Next is Agenda Item 9, C the JEMS, LLC, for a Conditional Use Permit on Virginia Beach Boulevard. Welcome,please state your name for the record. Mr. Dylan: Madam Chair, George Dillon, attorney for the applicant, C the JEMS, LLC. Chair Coston, Madam Vice Chair, Planning Commission, thank you for putting us on the Consent Agenda. Thank you for the hard work of Kristin Bauer on this application. My client consents to all seven conditions as recommended by staff. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Mauch to read it into the record. Mr.Mauch: The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard to utilize the parcel zoned B-2 Community Business District for the storage of towed vehicles. In Staff s opinion, as well as the Planning Commission,the request for a Conditional Use Permit to operate a Bulk Storage Yard for the storage of vehicles is acceptable. We ask for it to be placed on the Consent Agenda. (The following dialogue reflects the discussion to approve the minutes as a part of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you. Chair Coston,that was the last item on the Consent Agenda. The Planning Commission places the following applications on the Consent Agenda:Agenda Items 2, 3,4, 6, 8, 9, 11, 12,and the minutes. Mr. Coston: Thank you, Vice Chair Byler. Ms.Byler: I move that these items be placed on the Consent Agenda and approved by consent. Ms. Hippen: Second. Mr. Coston: It has been moved by the Vice Chair Byler and seconded by Commissioner Hippen that these items be approved on the Consent Agenda. Clerk: The vote is open. Mr. Plumlee: I need to note, I'm abstaining, in addition to the minutes as pointed out by Commissioner Camp for the site visit in January. I am abstaining from Items 6, 9, and 12 for reasons set forth in letters that were filed with the City Attorney's office. Clerk: The vote is open. By recorded vote of 10 to zero, with all aforementioned abstentions, all aforementioned minutes and Items 2,3,4, 6, 8,9, 11,and 12 have been recommended for approval by consent. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 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. The site shall be developed and landscaped in substantial conformance with the plan entitled, "LOT 6 LESS AND EXCEPT THE NORTHERN 25' &THE WESTERN LOT 65' OF LOT 35 PLAN OF LOTS LAID OUT BY ROY SMITH,", and dated 10/14/2025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The bulk storage yard shall be limited to operable motor vehicles. Vehicles on site in the tow area shall be limited to those towed by the operation. Personal vehicles shall not include trailers, RVs, or watercraft. These conditions do not preclude spaces for employee parking or the parking of vehicles related to site improvements and maintenance. 3. The loading and unloading of vehicles shall be prohibited within the public right-of-way. 4. Fencing material shall be limited to aluminum, vinyl, or other durable composite material. Wood and chain-link fences shall be prohibited. 5. No outdoor paging or loudspeaker system shall be permitted. 6. A photometric lighting plan, meeting the requirements of Sections 252 & 254 of the Zoning Ordinance, shall be reviewed and approved by the Department of Planning & Community Development prior to the installation of any new outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14)feet. 7. 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. 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. Letter in Support Dear Virginia Beach Planning Commission and City Council: We the undersigned own residential or commercial properties located adjacent to 1361 Virginia Beach Blvd, Virginia Beach, Virginia 23454 (the"Property"),or down the street from the Property on Dozier Lane. We are aware of C the JEMS LLC's(the"Applicant")application for a Conditional Use Permit (CUP)to utilize the Property as a bulk storage yard. We fully support approval of this CUP.The Applicant's proposed improvements will significantly enhance the parcel, including but not limited to: • Removal of the dilapidated structures located at the rear of the Property. • Replacement of the broken and rotting wooden fence and chain-link gate with a new 6- foot earth-tone vinyl privacy fence and vinyl front gate. We believe these updates will not only improve the aesthetics and functionality of the Property but also contribute positively to the surrounding area and our neighborhood. Owner's Name Property Address Residential Commercial > } er /c- Letter in Support Dear Virginia Beach Planning Commission and City Council: We the undersigned own residential or commercial properties located adjacent to 1361 Virginia Beach Blvd, Virginia Beach, Virginia 23454(the"Property"),or down the street from the Property on Dozier Lane. We are aware of C the JEMS LLC's (the "Applicant")application for a Conditional Use Permit (CUP)to utilize the Property as a bulk storage yard. We fully support approval of this CUP. The Applicant's proposed improvements will significantly enhance the parcel, including but not limited to: • Removal of the dilapidated structures located at the rear of the Property. • Replacement of the broken and rotting wooden fence and chain-link gate with a new 6- foot earth-tone vinyl privacy fence and vinyl front gate. We believe these updates will not only improve the aesthetics and functionality of the Property but also contribute positively to the surrounding area and our neighborhood. Owner's Name Property Address Residential Commercial ullLaWh "e` 244 Dozier Lane Yes _k—th kl+,0-io,2Q26 I I:OJ:31 EST) A'i Al2 tr y- rr ® site Loni Brown p zoning 677 Baker Road t Property Polygons Feet 0 10 20 40 60 80 Map created by Planning Department on 2/26/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LONI BROWN [Applicant& Property Owner] Conditional Use Permit(Family Day-Care Home) for the property located at 677 Baker Road (GPIN 1468211877). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for a Family Day-Care Home at her residence for up to 12 children, to include overnight care as needed. She does not anticipate more than 4 children staying overnight at a time. While the applicant does not anticipate having 12 children at a given time, she is requesting the maximum in the event of overlap with pick-up and drop-off and night care transitions. The proposal includes enclosing the front and part of the backyard with fencing at least four feet in height. The applicant has requested to retain the existing chain- link fence to be covered with mesh screening to meet the Department of Education's requirement for "non-climbable" material. While Staff is amenable to the applicant's request, a condition is recommended to require any new fencing, including future replacement of the chain-link fence, shall be a maintenance-free or low-maintenance material. While the applicant currently has one on-site parking space, accessed from the alley, she is proposing to expand the parking area to accommodate a total of three spaces. To mitigate any potential traffic congestion, staff is recommending a condition to require pick-up and drop-off times be staggered. ■ 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 Family Day- Care Home is considered. However, given the size of the site and limited parking, Staff does not feel that 12 is an appropriate number and instead recommended a condition to allow a maximum of eight children, not including the applicant's own three children. At the Planning Commission hearing, the applicant asked the Commission to consider an increase from eight to nine children, which the Planning Commission ultimately included in their recommendation as noted in Condition 4 below. Loni Brown Page 2 of 3 Staff received a petition of support from nearby neighbors with 11 signatures and did not receive any opposition. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 11, 2026, the Planning Commission passed a motion to recommend approval of this item by a recorded vote of 10 to 1. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. Any parking for the Family day-care home shall utilize the on-site parking spaces or available public parking. Vehicles shall not be parked within the alley. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. The Family Day-Care Home shall be limited to a total of nine (9) children, in addition to the 3 children living in the home currently. 5. The final number of children permitted to stay overnight at the Family Day- Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 4 of this Conditional Use Permit. 6. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 7. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area, and mounted flat against the residence. 8. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 9. The outdoor play area shall be completely enclosed with a fence at least four feet in height. Any new fencing shall be a minimum of four feet in height and constructed of a non-climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active. The fencing proposed along Baker Road shall be no taller than 4-feet, be no more than 50% opaque, and shall include Category I Loni Brown Page 3 of 3 landscape on the interior of the fence in accordance with Sections 201(e)(1) and 201(e)(1 a) of the Zoning Ordinance. 10.Privacy screening shall be installed along the existing chain-link fencing and shall be maintained in good condition, free of holes, tears, or fraying. Should the chain-link fence be replaced, any new fencing shall be constructed of a non-climbable, maintenance-free material to match the new fencing proposed with this request. 11.The site shall be developed in substantial conformance to the conceptual site plan entitled, "Physical Survey of Site 1 Lot 4 Subdivision of Lake Edward West [...] Exclusively for Tiny Sprouts Academy, LLC, Revised 01/23/2026", dated 1 January 2026, as prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (11 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:(" �D Agenda Applicant & Property Owner: Loni B Brown V_B_ Planning Commission •lic Hearing: February 11, 2026 CouncilCity /istrict: District 4 (Ross-Hammond Project Details Request Conditional Use Permit (Family Day-Care Home) 4, '2 !µ a Staff Recommendation Approval - ; �, _3 F ;.J C Staff Planner a Kristin Bauer 4 ^` Location 677 Baker Road "" = GPIN 04. 1468211877 _ �r : .40 .s' Site Size 3,100 square feet ''� , WA%MAM AICUZ c Less than 65 dB DNL Watershed Chesapeake Bay � Iq' Existing Land Use and Zoning District Townhouse/A-12 Apartment m Surrounding Land Uses and Zoning Districts . . North v{ Townhouse/A-12 Apartment South Townhouse/A-12 Apartment ` East Baker Road Multi-family dwellings/A-18 Apartment West Alley Townhouse/A-12 Apartment Loni Brown Agenda Item 12 page 1 of 17 Background &-SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home within a townhouse in the Lake Edward West neighborhood. The 1,476 square-foot townhouse is located on a 3,100 square-foot parcel within the A-12 Apartment District. • The proposed hours of operation are 24/7, Monday through Sunday, with staggered drop-off and pick-up times to avoid traffic congestion. • In addition to her three children currently living in the home, the applicant is requesting approval to provide care for up to 12 children, ranging from 6 weeks to 12 years of age. Additionally, the applicant seeks to provide overnight care for a limited number of children when necessary. While the applicant does not anticipate having 12 children at a given time, she would like the maximum to allow for overlap of pick- up and drop-off for day& night care transitions.The final number of children will be determined by the Department of Education during the state permitting process. • The applicant intends to utilize both the front and rear yards of the site to provide an outdoor play area for the children. She intends to retain the existing 6-foot chain-link that currently encloses the rear yard and add new vinyl fencing to enclose the front yard as well as the parking area in the rear. Since the Department of Education requires a non-climbable fence,the applicant intends to install dark mesh screening on the existing chain-link fencing. Condition 9, included below, details the fencing requirements, including language that if the existing chain-link fencing is replaced in the future, any new fencing shall be of a maintenance-free material to match the vinyl fencing proposed with this request. • As required by Section 201(e)(1a) of the Zoning Ordinance, the applicant will install Category 1 landscaping on the inside of the new fencing proposed along the Baker Road frontage and shall be no greater than 50% opaque. As specified in the City's Landscaping Guide, the landscaping shall be a minimum of 2 to 3 feet at the time of installation and shall provide a low, thick buffer. • While only one parking space exists on site currently, the applicant is proposing to expand the existing driveway to provide 2 additional spaces, for a total of three on-site spaces, all of which would be accessed from the alley. On-street parking is also available along this section of Baker Road. City-owned public parking is available to the north (approximately 180 feet from the property) and south (approximately 235 feet from the property) of the alley. Loni Brown Agenda Item 12 page 2 of 17 Zoningi No Zoning History to Report r'r Al2 Evaluation : Recommendation The request for a Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion, acceptable. A Family Day-Care Home will be a valuable service and is considered compatible with residential uses in the Comprehensive Plan. A Family Day-Care Home with four or fewer children is permitted by-right in the Apartment and Residential zoning districts. When the number of children in the day-care home increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Since the applicant requests to care for up to 12 children, a Conditional Use Permit must be approved by City Council.The final number of children will be determined by the Commonwealth of Virginia through the childcare licensing process; however, in no case shall the number exceed 12, or the limit established by the Conditional Use Permit. As mentioned previously, the applicant seeks to provide care for up to 12 children, and on a case-by-case basis, will operate beyond normal business hours, specifically 24 hours per day, as the applicant intends to offer overnight care for first responders, military, and other overnight shift workers. Due to the constraints associated with this site, namely the size of the dwelling, limited parking, and limited outdoor play area, Staff is recommending that no more than eight children be allowed to be cared for on this property, as stated in Condition 4. While Staff acknowledges that the applicant intends to increase the on-site parking to 3 spaces, as seen in the provided parking plan reviewed by Zoning and Permits & Inspections, there is concern that during peak drop-off and pick-up periods, it may be difficult to accommodate parking to support the 12 children requested by the applicant. Although parking is available on Baker Street and at the north and south ends of the alley, said parking is available to the public and other residents in the area and may not be consistently available during pick-up and drop-off times. Additionally, should the public parking to the north or south be used, there is no safe, dedicated pedestrian path from those parking areas to the subject site.To address these concerns, in addition to limiting the maximum number of children to 8, staff is recommending Condition 1 to Loni Brown Agenda Item 12 page 3 of 17 require pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way, and Condition 3 to limit the number of Home Occupations allowed to operate on the site to only one to further minimize traffic impacts on the street. With regard to fencing, staff was amenable to the applicant's request to retain the existing chain-link fence; however, Condition 9 is recommended to require dark mesh screening be installed on the existing chain-link fence, and if the chain-link fencing is replaced in the future, it shall be updated with materials similar to the vinyl fencing also proposed with this request. Current areas that are not fenced in will be enclosed using non- climbable material, either composite or vinyl plank, at a minimum height of 4 feet, as stated in recommended condition 9. Since the fencing along Baker Road is proposed at the right-of-way line, the applicant is required to plant Category I plantings on the inside of the fence. In Staff's view, the Family Day-Care Home will provide a needed and valuable service to the community and is generally a complementary use to residences, as stated in the Comprehensive Plan. Staff acknowledge and appreciate the applicant's willingness to work with staff to address concerns related to parking, fencing, and outdoor play areas. Based on the considerations mentioned above, Staff recommends approval of this request; however, there shall be no more than 8 children in addition to the applicant's 3 children at this time. Loni Brown Agenda Item 12 page 4 of 17 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. Any parking for the Family day-care home shall utilize the on-site parking spaces or available public parking. Vehicles shall not be parked within the alley. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. The Family Day-Care Home shall be limited to a total of eight (8) children, in addition to the 3 children living in the home currently. 5. The final number of children permitted to stay overnight at the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 4 of this Conditional Use Permit. 6. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 7. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 8. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 9. The outdoor play area shall be completely enclosed with a fence at least four feet in height.Any new fencing shall be a minimum of four feet in height and constructed of a non-climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active.The fencing proposed along Baker Road shall be no taller than 4-feet, be no more than 50%opaque, and shall include Category I landscape on the interior of the fence in accordance with Sections 201(e)(1) and 201(e)(1a) of the Zoning Ordinance. 10. Privacy screening shall be installed along the existing chain-link fencing and shall be maintained in good condition, free of holes, tears, or fraying. Should the chain-link fence be replaced, any new fencing shall be constructed of a non-climbable, maintenance-free material to match the new fencing proposed with this request. Loni Brown Agenda Item 12 page 5 of 17 11.The site shall be developed in substantial conformance to the conceptual site plan entitled, "Physical Survey of Site 1 Lot 4 Subdivision of Lake Edward West [...j Exclusively for Tiny Sprouts Academy, LLC, Revised 01/23/2026", dated 1 January 2026, as prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 12.The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 identifies the site as being located within the Suburban Area.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 working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-60, Policy Document), which can include the proposed Family Day Care Home use. 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. Loni Brown Agenda Item 12 page 6 of 17 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic 15,400 ADT 1 Existing Land Use 2- 10 ADT Baker Road 12,550 ADT' a „ (LOS D„) Proposed Land Use 3-56 ADT 1 Average Daily Trips 'As defined by a 3As defined by a 'LOS= Level of single-family dwelling single-family dwelling Service and a 12-child daycare Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Baker Road is a two-lane undivided Minor Suburban Arterial Roadway in the vicinity of this site with a variable right-of-way width. This section of Baker Road is included in the MTP as a two-lane minor collector roadway within a 70' right-of-way.There are currently no CIP projects scheduled for this segment of Baker Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water The site currently connects to city water.There is an existing 12-inch city water main and an existing 30-inch city raw water main along Baker Road. Sewer The site currently connects to city sewer. There is an existing 10-inch city sanitary sewer force main along Baker Road, and there is an existing 8-inch city sanitary sewer gravity main along the western side of the property in the alley. 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. Loni Brown Agenda Item 12 page 7 of 17 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 11 signatures of support from surrounding residents have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Loni Brown Agenda Item 12 page 8 of 17 Disclosure VIRGINIA BEACH Statement CI-1yol- 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 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 6PI)O1i1V 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?Yes®Not- If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®Noe If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Nokr"­'�'- If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateraiization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Loni Brown Agenda Item 12 page 9 of 17 Disclosure SECTION • • . SERVICE YES NO SERVICE PROVIDER �/ Name entityand/or individual Accounting/Tax Return Preparation 0 e Architect/Designer/Landscape Architect/Land Planner C Construction Contractor o lJ Engineer/Surveyor/Agent Legal Services © lam" 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. l LAD 6,kWA) Applicant Name(Print) Applic t Signatur ate 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date); 03/04/2026 Kristin Bauer /121lrL �GLGQ�L 03/04/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024� N page 2 of 3 Loni Brown Agenda Item 12 page 10 of 17 Concept TS9S 6 TO CCU"THAT OH svCM 7.2ffJlF.t SaARsT.TED TM4 A S FOOT EASa£a(tR'M GREATER NDTH IS WID) PPOPLRTV 90 M ON IRS FUT AM WT THE PROPEIM LMS ALG4 AND ADJACENT TO AU SM U NCS OF AU LOTS OF RECORD AS ROAN IN M.B.74.P.4 AND THE NAUS OF'14 r"iM15 S HAS BEEN DEDKATED TO M CITY gstDI.0 AWE AS Spa ON THIS MT.THE 91XUWZ STAXI OF YMMA BEACH,VAOMA FOR THE INSTMIAM" VIM THE SAC P90111M IAT.S A4?HF ARE NO NO/OR MAIM NCE OF VF;M MM DRANACS DcM0410%ll Of OTKR dAtR'A.S ON THE PROFS, C-CVT FACiPIM f APO 11HD1 M4EDED. AS SHOIm51 r *C C s °'O 24'ALLEY y z r3 s /��--^�� x g p g? °U q Fox tN� V.-EYING. PC �) ' '�IOACE I, x � ►Yr � 8 szGNEO ER•: R.I FQS.00 `. a 1 �. N?T I A la67' I J0.67' v F'Y� 1Irk go$ 63 {B BRA AS�M. 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SIJ80MSTON OF LAKE EbWARD WEST - SECTION ONE - FLAT RECORDED IN NAP BOOK 74. PAGE 9 N THE CLERK'S OFFICE 6F THE CIRCUIT COURT OF THE CITY OF ERRGTNTA BEACH. VIRGINIA VIRGINIA BEACH. VIRGIN LA UHl �s� nABz1OjEjualre•E,y F�olr�i•v !�+ wwrr IlJ w yNe 1 NMY SPI1iW 1 8 fACADEMM i• LLC I.A.A— —M-413-I MS DRW/chY: TNF ""cc, BEACH. VA F.B. P. t2 JANUARY. 202e JN:026-005 Revised 01/23/2026 Loni Brown Agenda Item 12 page 11 of 17 Site Photos — Fr RQ y r k^ Loni Brown Agenda Item 12 page 12 of 17 Site Photos • on Baker r } w �r. Loni Brown Agenda Item 12 page 13 of 17 Site Photos — Rear View oil ------------- e,s s z a� c- t 5 1. EY Site Photos � k � H Yy.y r a Loni Brown Agenda Item 12 page 15 of 17 Proposed - - Material \� L\ Brown Agenda Item 12 page 16 of17 • 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. Loni Brown Agenda Item 12 page 17 of 17 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12 Loni Brown Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 12,Loni Brown. Mr. Coston: Please state your name for the record. Ms. Brown: My name is Loni Brown. Mr. Coston: Go ahead. Ms.Brown: So thank you for the opportunity to speak with you today. A little about me,I earned my green thumb growing up in Mississippi. But I am now seeking approval to operate Tiny Sprouts Academy,which will be a 24-7 family day home that is rooted in education,sustainability, and strong community support. So my program is more than traditional child care. It is a nurturing, home-based learning environment, where children grow their own herbs, fruits, vegetables. Through hands-on gardening, they'll learn responsibility, patience, teamwork, and where their food truly comes from. They start seeds in trays and hydroponic systems indoors,care for them daily until they sprout,then transplant those to raise garden beds, grow bags and vertical planters outdoors,then harvest their crops,all while participating in age-appropriate activities and lessons about nutrition and healthy eating. These experiences build confidence and life skills that extend far beyond the garden. Another thing that makes my program unique is that I provide flexible 24-7 care to service families who work non-traditional hours or stand duty,especially shift workers,health care professionals,military families,and first responders. So I'll accept child care subsidies and Mccyn programs for the military and first responder families. Ensuring that those who serve our community and our country have access to reliable, high-quality child care when they need it the most. I also want to address the broader economic realities many families are facing. With ongoing reductions and uncertainty surrounding programs like SNAP and TANF, many households are experiencing increased food insecurity and financial strain. My program directly responds to those challenges because we will be growing, canning, and safely storing herbs, fruits, and vegetables. We can help supplement meals within the daycare and create rainy day reserves. When possible, we will also donate fresh or preserved foods to families in need within our community. This initiative teaches children sustainability while also modeling community responsibility. They will see firsthand what it means to grow food,preserve it, and share it. We are not only supporting working parents with flexible care, we are helping strengthen food resilience at a neighborhood level. My goal is to create a safe,enriching environment that supports working families, empowers children with practical life skills, and gives back to the community in meaningful ways. That being said,the max for licensing purposes is 12 children. My children, well, my children, there are three of them, and you have recommended eight. I'm asking to be allowed to care for nine because the DLE requires 35 square foot of space per toddlers and 25 for infants for free movement and active play indoor and out. Thank you for your time and consideration and I look forward to answering any questions. Mr. Coston: Commissioner Plumlee. Mr.Plumlee: Ms.Brown,thank you for coming in. I don't think there was anyone here opposing this. Is that correct? Clerk: There are no speakers. Mr. Plumlee: There are no speakers in opposition. The question was coming down to the staff had recommended eight children in addition to your three children, and you have requested that we consider nine children at this location. Can you go into a little bit more detail as to why you believe you can properly care for nine children in addition to your own children? Ms.Brown: So growing up, as I mentioned, in Mississippi, it was actually 11 of us in my house. So it's not something that is unfamiliar to me. It's already a lot of fun as it is,being that it's three of them. But I think that I can handle it, and I'm looking forward to finding someone to help support that and assistance. Mr. Coston: Commissioner Camp. Ms. Camp: Good afternoon. Again, I commend you for coming up by yourself and working through this. I have a couple of questions for you. The application you originally submitted asked for permission to have 12 children as clients, in addition to your own three, so 15 children on the premises. And we just walked through the staff s recommendation and your desire now for nine. When I toured the site, 15 children, or 11 as we count them, are a lot of kids for the site that I see here. Can you tell me in the front yard, do you plan any improvements other than the fencing? Ms. Brown: Yes. So on the left side is where the garden beds will be, the raised garden beds. And then along the patio,that's where we're going to have the vertical towers. And that right side is bigger. So I'm going to play some things for them to play there. Some seesaws, some up-down roller coasters. We're going to have some imaginative and dramatic play. So there'll be some outdoor mud kitchens,barbecue grills,and playhouses along the side as well. So coming from the side up to the front,that whole area will be for them to play. Ms. Camp: You are very ambitious for the yard, as I see it with all of those things in this space. When I saw that large stump in the front yard that we can see to the left, by the porch, and in the back. With the three parking spaces taking up a lot of that area that is open right now,and then all the things you're describing, it's a lot of stuff in that yard to me. My second question is, you're offering to provide a service that I would say is very needed in our community,and I don't see too often,which is the overnight child care for those who work other shifts. I commend you for that. If you were describing providing child care services for your own three kids, plus eight or nine clients, and in your application, you're talking about doing it 24-7. For some of them, some one shift, some another shift, are you going to be in the home the whole time? Do you sleep? Do you work? How is that supposed to work? Ms. Brown: Yes, so during the daytime, of course, I will be there unless there is an appointment that I have to take. So that is where an assistant will come in. And at night,I'm going to drastically reduce that number. So it will be four outside of my own children. So that will be a total of seven. And I'm allowed by the Department of Education to sleep when the children sleep. So once it's bedtime for them, it's bedtime for me. Ms. Camp: Does that work in your house? All the kids go to sleep at the same time when you say so? Ms.Brown: Believe it or not,they are actually pretty good with that. Ms. Camp: Because you have money to make,teaching a lot of other kids how that really works. Alright, one more question for you. You know what,I'm going to hold off,and we'll just yield to some other folks. Mr. Coston: Thank you. Commissioner Byler. Ms.Byler: Thank you for coming,Ms. Brown. There may be more discussion, so don't feel like my word's the last word by any means. But let me say, this is in my district, District 4. I think it's something, as Commissioner Camp said, great demand. We really need it. I personally am a strong supporter of small women and minority business owners, and I applaud what you're doing. I think it's terrific. I feel like the marketplace is going to, in part,control whether or not you have too many children. And I feel like social services and their licensing process is going to make sure that you don't have to meet children. So I don't feel the burden on my shoulders to be concerned. If you're approved for eight or nine, it's not really my concern, but I would make a motion that your application be approved with the nine children that you've asked for. Mr. Coston: Well,we still have a few questions. Ms. Hippen: I just have a couple quick questions, okay? First of all, I salute the fact that you want to do this, okay? But if you're one of 11, I think you'll be okay. How many bedrooms in your house? Ms. Brown: Three. Ms. Hippen: Okay. And the ages of your kids,just the range. Ms. Brown: Four to 16 months. Ms. Hippen: Wow. Okay. You definitely take my heart. So 16 months to four years old. And is that the age group that you're looking at taking care of? Ms. Brown: Yes,up to five. Ms. Hippen: Up to five. Okay. God bless you. Mr. Coston: Ms. Schoonover? Ms. Schoonover: I'll be very quick. Have you already been in discussions with the Department of Health and so forth about the space? I was just concerned about it meeting their standards. And I know you mentioned the square footage. I was looking it up as we were on the site. Because I was just amazed that we were going to be able to fit that many children in that space. I've done a lot of things with children in bulk as well. So I do understand that you can make things happen, but it's the square footage per space that's usable for the children,not counting other spaces such as bathrooms and kitchens. Have you been in contact with them? You already know all those rules and you're ready to go with that? Ms.Brown: Yes,ma'am. I've been following the family day home standards. Ms. Schoonover: Okay. That was just my big concern. Thank you. Ms. Hippen: Okay. I'd like to call the question,please. Mr. Coston: Oh, she wants to vote. Okay. Are we ready for the vote? Mr. Camp: Is there a discussion? Oh, she called the question. Mr. Coston: If you have a question, Commissioner Camp. Mr. Camp: I do not have a question. I have a discussion, comment, but if procedurally I've missed my window,that's fine. Clerk: The vote is open. By a recorded vote of 10 to 1, item 12, Loni Brown, has been recommended for approval. Ms. Brown: Thank you. Vote Tall Commission Member AYE 10 NAY 1 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch Ix Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. Any parking for the Family day-care home shall utilize the on-site parking spaces or available public parking. Vehicles shall not be parked within the alley. 3. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 4. The Family Day-Care Home shall be limited to a total of eight (8) children, in addition to the 3 children living in the home currently. 5. The final number of children permitted to stay overnight at the Family Day-Care Home shall be determined by the Department of Education, in accordance with all applicable regulations and guidelines, but not to exceed the number granted under Condition 4 of this Conditional Use Permit. 6. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 7. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 8. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 9. The outdoor play area shall be completely enclosed with a fence at least four feet in height. Any new fencing shall be a minimum of four feet in height and constructed of a non- climbable, maintenance-free material, such as vinyl plank or composite, and shall be maintained for so long as this Conditional Use Permit is active.The fencing proposed along Baker Road shall be no taller than 4-feet, be no more than 50%opaque, and shall include Category I landscape on the interior of the fence in accordance with Sections 201(e)(1) and 201(e)(1a) of the Zoning Ordinance. Privacy screening shall be installed along the existing chain-link fencing and shall be maintained in good condition, free of holes, tears, or fraying. Should the chain-link fence be replaced, any new fencing shall be constructed of a non- climbable, maintenance-free material to match the new fencing proposed with this request. 10.The site shall be developed in substantial conformance to the conceptual site plan entitled, "Physical Survey of Site 1 Lot 4 Subdivision of Lake Edward West [...] Exclusively for Tiny Sprouts Academy, LLC, Revised 01/23/2026", dated 1 January 2026, as prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 11. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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. My 91'"VMA 4Oa4*"W Petition of support The purpose of this petition is to gain community-r upport for Loni Brom'rn's, ocp, to be ficensed 207 family day home in our neighborhood. Tiny Sprouts Academy is do ;ct to providing safe, high. quality childcare for families who work nontraditional hours, including first responders heafthcWe workers, and military parents. otjr goal is to offer a nuriuring, edutatiunal emvmronrrment that children and the community by helping parents rnaintain stable employmentwhile ensuring their children receive consistent tarn and early learning opportunities Your support will help strengthen families and promote a positive, family-friendly neighborhood I respectfully request your signature below To: [The Planning Administration/City Council] , the undersigned, respectfully request that Loni Brown be granted a coditional use permit to operate her 217 family stay home, Tiny sprouts Academy from her residence located at 677 Baker Rd. Signatures I n 0*0 Address Email ,r t7 14 ►#, s toi F 04 Y Y x Comments: 9hl4omA ofazdvow Petition of support The purpose of this petition is to gain community support for Loni Broiwn's, soon to be licensed 24R family day home in our neighborhood. Tiny Sprouts Academy is dedicated to providing safe, high- quality childcare for families who work nontraditional hours, including first responders, healthcare workers, and military parents. our goal is to offer a nurturing, educational environment that benefits both children and the community by helping parents maintain stable employment while ensuring their children receive consistent care and early learning opportunities. Your support will help strengthen families and promote a positive, family-friendly neighborhood. I respectfully request your signature below, To: [The Planning Administration/City Council] We, the undersigned, respectfully request that Loni Brown be granted a coditional use permit to operate her 2417 family day home, Tiny Sprouts Academy from her residence located at 677 Baker Rd. Signatures Name Date Address Email _41 Comments: ,1`At `aA BIND -- G VIRGINIA 6ACN =�° , v t o32 2 ,®�o a B2 o a C� BONNEY RD �p ?4OA (P 264 264 2� site Cosmic Cure ® Zoning 3615 Virginia Beach Boulevard *Iv- Property Polygons Feet 0 40 80 160 240 320 Map created by Planning Department on 2/26/2026 Z�l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COSMIC CURE [Applicant] HLAS Holdings LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 3615 Virginia Beach Boulevard (GPIN 1487644208). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking a Conditional Use Permit to operate a traditional tattoo parlor within an 800-square-foot suite on this B-2 Community Business zoned parcel. The proposal includes three independently contracted employees, and the proposed hours of operation are 12.00 p.m. to 9.00 p.m., daily. ■ Considerations: In Staff's opinion, this request is acceptable. The site is within the Suburban Area, a primary goal of which is to maintain Great Neighborhoods through complementary non-residential uses, which a Tattoo Parlor is considered. While it is also in the Rosemont SGA Area and the plan recommends parking to be located behind buildings when possible, the applicant is occupying an existing suite within an existing shopping center and is not proposing any site alterations. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. The applicant reported that they met with the surrounding business owners, and no objections were raised. Three signatures of support from those businesses have been received by Staff. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 11, 2026, 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 Conditional Use Permit for a Tattoo Parlor applies solely to 3615 Virginia Beach Boulevard. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. Cosmic Cure Page 2 of 2 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda A•• Cosmic Property • Holdings LLC Planning Commission •lic Hearing: February 11, 2026 CouncilDistrict: Project Details Request Conditional Use Permit (Tattoo Parlor) gO } Staff Recommenda tion Approval �ptteU P�MS P� �.L „rph_ Cj m Staff Planner 4 t4 y\VU 4 Kristin Bauer Location 3615 Virginia Beach Boulevard GPIN s 1487644208 Site SizeIS 43,955 square feet ",:uEHst f A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business Surrounding Land Uses and Zonin6'Districts North Virginia Beach Boulevard Retail/ B-2 Community Business , South 1-264 East Retail/ B-2 Community Business West Retail/ B-2 Community Business Cosmic Cure LLC Agenda Item 13 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor on this B-2 Community Business zoned parcel, where tattoo parlors are conditionally permitted. • The property is located in the Rosemont Strategic Growth Area (SGA). • The proposed tattoo parlor will occupy an existing 800 square foot unit within the shopping center.The shopping center is accessed by Virginia Beach Boulevard. • The business will employ three independently contracted employees with tattoo booths leased monthly. • Proposed hours of operation are 12:00 p.m. to 9:00 p.m., Monday to Sunday. • The applicant previously installed unapproved signage, which has since been removed during this process. They are now proposing new signage next to the front door and in the window, which will require a separate sign permit. Zoning • VISiG[Ntp� Map Key No. Request 1 CUP(Permanent Make-Up Salon) Approved 07/08/2003 CUP(Automobile Service Station) 2 Approved 12/08/1993 B2 , ,i s 1 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ. Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Cosmic Cure LLC Agenda Item 13 page 2 of 14 Evaluation • • • This site is located in the Rosemont SGA, which calls for office space in this area. While the Rosemont SGA Plan recommends parking to be located behind buildings when possible, the applicant is occupying an existing suite within an existing shopping center and is not proposing any site alterations.The proposed facility will provide an amenity and added value to the surrounding businesses, residences, and guests. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the Code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 3615 Virginia Beach Boulevard. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Cosmic Cure LLC Agenda Item 13 page 3 of 14 Comprehensive Plan Information This property is located within the Rosemont SGA of the city, as designated by the Comprehensive Plan. The Rosemont Land Use Plan envisions this property and those surrounding to be office space (p. 35, Comp Plan Policy Document). The property falls within a "medium scale" (p. 45, Commercial Area Pattern Book (CAPE)) and is an Inland Character Area (p. 32, CAPE) but the applicant does not intend to fully redevelop the lot nor is the applicant the property owner. 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 �> �� � � � resent Capacity eneracl Traffic r �o Minimal, if any, traffic impact is Virgina Beach 74,000 ADT 1(LOS 2 expected since the proposed use, Boulevard 48,200 ADT1 "D") and similar uses, are accounted for in existing traffic generation. 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Virginia Beach Blvd in the vicinity of this site is an eight-lane major urban arterial with a 140 foot right-of-way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are currently no CIP projects scheduled for Virginia Beach Blvd in the vicinity of this site. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. m Cosmic Cure LLC Agenda Item 13 page 4 of 14 Public Utility Impacts Water&Sewer There are existing 42-inch, 20-inch, and 16-inch city water mains along Virginia Beach Blvd. There is an existing 8-inch private sanitary sewer main on site. There is an existing 24-inch HRSD Force Main along Virginia Beach Blvd. This site is connected to City water & City sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding business owners, and no objections were raised. Three signatures of support from those businesses have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Cosmic Cure LLC Agenda Item 13 page 5 of 14 Asa Site Plan x RON TT Cosmic Cure LLC Agenda Item 13 page 6 of 14 � / l � Proposed Floor Plan Q EA Tk TT C OtIA IOP_ --A M 06r,�0-C, Cosmic Cure LL[ Agenda Item l3 page 7of14 4. z Site Photos Von .r Cosmic Cure LLC Agenda Item 13 page 8 of 14 Site • • Hair+studio -- ----- i. i 14AIR ZONE .Healing Concept Aossagc Chiropractic Meditation Reiki Bio-Resonance Scan Yoga ylisne 75T• � y YDGA C,°biropractic $gip j *.DAY CARE MOM Cosmic Cure LLC Agenda Item 13 page 9 of 14 • Rendering t;OSMIC CURE to Is 0 40 0 0 0 0 0 0 0 40 10AT 00 "PARLOR Cosmic Cure LLC Agenda Item 13 page 10 of 14 Disclosure I CITY OF Disclosure VIRGINIA Statement V BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT • APPLICANT INFORMATION Applicant Name: as listed on application Cosmic Cure LLC Is Applicant also the Owner of the subject property? Yeso No(F) If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes Noo if yes.name Representative: Steven Pugh Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(j)No® If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 2 or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Michael Endsley(Sole Member/Owner) Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement rev. May-2024 page 1 of 3 Cosmic Cure LLC Agenda Item 13 page 11 of 14 SECTIONDisclosure Statement " •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. 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. Michael Endsley 7� e�� 12/01/2025 Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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): 03/02/2026 Kristin Bauer 03/02/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. Ma y-2024 page 2 of 3 Cosmic Cure LLC Agenda Item 13 page 12 of 14 Disclosure SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: I as listed on application i t1 S 4-G is the Owner a corporation,partnership,firm,busines3,trust,or unincorporated business? YesIDNoC) If yes, list the names of all officers,directors,members,or trustees below AND businesses that have a parent subsidiary I or of iliated business entity'relationship with the applicant. (Attach list if necessary.) HQrrt,cl �- Abdo�ah made h 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 suwetrland or any proposed development contingent on the subject public action? Yes o No If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entit andfor individual Financing(mortgage,deeds of trust, cross-collateraliaation,etc.} Real Estate Broker/Agent/Realtor V Accounting/Tax Return Preparation 0 Architect/Designer/landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent © Legal Services 0 PROPERTY OWNER CERTIFICATION READ:i certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any publi body or committee in connection with this application k`. f� 12 - iS- 2-5 Property Owner Name(Print) Property Owner ' nature Date Disclosure Statement I rev. May-2024 page 3 of 3 Cosmic Cure LLC Agenda Item 13 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Cosmic Cure LLC Agenda Item 13 page 14 of 14 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #13 Cosmic Cure Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is Item 13, Cosmic Cure. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Ensley: My name is Mike Ensley, owner of Cosmic Cure. Ms. Byler: Thank you, sir. Are the conditions acceptable to you? Mr.Ensley: Yes, ma'am. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Cuellar to read it into the record. Ms. Cuellar: Thank you,Madam Vice Chair. The applicant, Cosmic Cure,LLC, is requesting a conditional use permit to operate a traditional tattoo parlor on this 132 community business zone parcel, where tattoo parlors are conditionally permitted. The property is located in the Rosemont Strategic Growth Area. There is no known opposition. Staff is recommending for approval and the Planning Commission concurs and has placed it on the consent agenda. Ms. Byler: Thank you, Commissioner Cuellar. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms. Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep, the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk, we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 3615 Virginia Beach Boulevard. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 12/12/25 This is notice that the owner of Cosmic Cure at 3615 Virginia Beach Blvd,Virginia Beach, VA, 23452 is applying for a conditional use permit to convert the existing smoke shop to a tattoo parlor. This letter will be included with the application to the Virgina Beach planning office. By signing this form I am showing my support of the use of this shop as a tattoo parlor in this shopping center. Nam Ok�kwft j Bsu� sst tr sam�$t DMV& cv L. �v 3413 VCt. 13ect& Blvd 1/a.�eac h i Vr4 ?SzIS 2. V \j p t,rd B4(SD) Nc HQR�pa Eon v oaE pR N� 5� N SNARE pti S FIRFirst Landing 01,1 B4(SD) N yo -o a N� m B2(SD) B x 0 cAp�NENRv OR A18 SD PDN2 Site Matt Nelson 117-7 Zoning 2260 Seashore Shoppes SC "� ` 0 Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 2/26/2026 t t"i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MATT NELSON [Applicant] Linda Foster Absalom Revocable Trust [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 2260 Seashore Shoppes SC (GPIN 1590302212). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking a Conditiona! Use Permit to operate a traditional Tattoo Parlor within an existing 1,238 square foot suite within the Seashore Shoppes Shopping Center. The site is zoned B-2 Community Business District and lies within the Shore Drive Corridor Overlay. The proposal includes 6 to 7 employees, and the proposed hours of operation are 11 :00 a.m. to 6:00 p.m., daily. ■ Considerations: The request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the residential and commercial nature of the surrounding properties. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. The applicant reported that they met with the surrounding business owners, and no objections were raised. Nine signatures of support from those businesses have been received by Staff. There was one speaker in opposition at the Planning Commission hearing who raised concerns with the amount of existing tattoo parlors in the area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 11 , 2026, Planning Commission passed a motion to recommend approval of this item by a recorded vote of 11-0. 1 . The Conditional Use Permit for a Tattoo Parlor applies solely to 2260 Seashores Shoppes Shopping Center. Matt Nelson Page 2 of 2 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (9) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r_ Submitting Department/Agency: Planning Department City Manager:f�� Agenda I •• Nelson Property Owner: Linda Foster Absalom Revocable Trust Planning Commission •lic Hearing: February 11, 2026 vs, CouncilCity Project Details Request Conditional Use Permit (Tattoo Parlor) �E _FOR REP C Staff Recommendation = R CT �r T Approval P °N 9 OROtXO JIA WHALER p f nZ J, Ot A t m v Staff Planner y z �°OOIN PL A m N a O A v ERIKSEN Kristin Bauer yN gEN1E Nm r m m UR D A � EyRv Location � O m ➢ p 2260 Seashore Shoppes SC M 9 z OAK°R GP/N - o m A D A 0 O ° 1590302212 A ° O Site Size < p �CIR Z SUMMERHAVEN RD., iy 56,295 square feet HPVEND RAICUZ P `YNN. Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District e Shopping Center/ B-2 (SD) Community Business Surrounding Land Uses and Zoning Districts North Shore Drive Retail/ B-4 (SD) Mixed Use South Cape Henry Drive Vacant Lot/ B-2 (SD) Community Business East Fire Station / B-4 (SD) Mixed Use West Restaurant/ B-2 (SD) Community Business Matt Nelson Agenda Item 14 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor on this B-2(SD) Community Business zoned parcel, where tattoo parlors are conditionally permitted. • The property is located within the Shore Drive Corridor Overlay District. • The proposed tattoo parlor will occupy an existing 1,238 square foot unit within the Seashores Shoppes. The shopping center is accessed by Shore Drive and W Great Neck Road,via Seashore Shoppes Shopping Center. • The business will consist of six to seven employees, including tattoo artists and administrative staff. • Proposed hours of operation are [strikethrough] 10-00 [end strikethrough] 11:OOa.m. to 6:00 p.m., Monday through Sunday, by appointment only. • The applicant is proposing signage for the front door and above the unit, which will require a separate sign permit. HistoryZoning O Map Key No. Request 5OSNoR�°R a� i CUP (Craft Brewery) Approved aR 0 l{m,l 03/22/2017 N '"AL"° 2 CUP (Boat Sales &Service) Approved °o B4(sD) 07/06/1999 j0 `• 3 CUP(Elderly Home) Approved ' m 06/14/1995 B2(SD) v 2 �NRY°R GPP�N 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 Matt Nelson Agenda Item 14 page 2 of 14 Evaluation • • • In Staff's opinion, the request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the commercial nature of the surrounding properties. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the Code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 2260 Seashores Shoppes Shopping Center. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Matt Nelson Agenda Item 14 page 3 of 14 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. While the site is classified by the Commercial Area Pattern Book (CAPE) as being within the Coastal Character Area and falling within a study area called Shore Drive (East, N. Great Neck Rd) (p. 28, CAPB), this project does not propose any exterior changes, thus design guidelines will not be applied. 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. Matt Nelson Agenda Item 14 page 4 of 14 Traffic Impac nsportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic 1 36,900 ADT 1(LOS 2 Minimal if an traffic impact is Shore Drive 35,900 ADT � Y� p D expected since the proposed use, 12,500 ADT 1(LOS 2 and similar uses, are accounted West Great Neck 6,000 ADTl „D)') for in existing traffic generation. 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capitallmprovement Program(CIP) Shore Drive is a four-lane divided urban major arterial roadway in the vicinity of the site. The Shore Drive Improvements—Phase III CIP project is currently under construction on a nearby segment of Shore Drive. Active Transportation Plan(ATP) The ATP proposes buffered bike lanes along Shore Drive in this location. This type of project in this specific location would likely be implemented on a larger scale in conjunction with one of the Shore Drive safety improvement projects. This site is adjacent to the Cape Henry Trail. While it is highly recommended that bike parking be installed somewhere on the property and include a safe pedestrian route or connection to the sidewalk along Shore Drive and to the Cape Henry Trail, there are no exterior changes proposed to the existing site, as the applicant intends to utilize an existing unit within the shopping center. ImpactsPublic Utility Water&Sewer There is a 10-inch City sewer main and a 10-inch City water main along Shore Drive. There are 6-inch and 12-inch City sewer mains, a 16-inch City water transmission main, &a 16-inch HRSD force main interceptor along W. Great Neck Road. This site is connected to City water& City sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Matt Nelson Agenda Item 14 page 5 of 14 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding [begin strikethrough]pFepeFty [end strikethrough] business owners, and [begin strike through] ^^ ^b erEtiO^S Were Faised. [end strikethrough] 9 signatures of support from surrounding business owners have been received by Staff. There is one speaker signed up in opposition. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Matt Nelson Agenda Item 14 page 6 of 14 < ui. .0 Y »t i Site Plan Matt Nelson Agenda Item 14 page 7 of 14 Proposed Floor Layout C ,,oI . Joe BD > n A Private batnhroom LS ® Dw�>� Stattbreak -rm area Cust er bat oom Drawing/ 3 library O J e Storage D 7 Tattoo stations Atm ,N- �1 c Y to U) S O o „� 6„ VNJ g 2260 SEASHORE SHOPS Station Tattoo VIRGINIA BEACH, VIRGINIA Matt Nelson Agenda Item 14 page 8 of 14 Proposed Sign Renderings �. � w STATSON Matt Nelson TATTOO Hours Monday 70 AM-6PM Tuestlay 10 AM•6PM Wednesday 10 AM-6PM Thursday 10 AM-6PM Friday LOAM-6PM Saturday t0 AM-6PM Suntlay 10 AM-6PM OUA PHONE NUMBER OUR EMAIL AOOQE'as Matt Nelson Agenda page • of 14 Site Photo ,♦AVAILABLE 757-490.3585 cSlTll3 � 1 s T�4.7632 i Matt Nelson Agenda Item 14 page 10 of 14 Disclosure raCrry - GINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application �AA�e6m, Is Applicant also the Owner of the subject property? Yeso Noirv� If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo?V( If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent_subsidiary s or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes© No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Matt Nelson Agenda Item 14 page 11 of 14 Disclosure SECTION • . ., SERVICE YES NO SERVICE PROVIDER (Name entity and/or individul) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor Q Engineer/Surveyor/Agent © i 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, VBOA, CBPA, Wetlands Board or any public body or committee in connection with this application. hfi lye )8 I I Applicant Name(Print) AOAppi, t�Sig�ntw, 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 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: i No changes as of(date): 03/02/2026 Kristin Bauer /lam �GUQiL 03/02/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Matt Nelson Agenda Item 14 page 12 of 14 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application �''�a�U �O S�� A�Sa✓lo v. Rel/OG )c Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that hov a parent-subsidiar i or affiliated business entit 'relationship with the applicant. Attach list if necessary.) 17� S l i e if. c '1 45d n CL/td 5u.za rxne hal I , a-1/WSfiE�S 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 bject land or any proposed development contingent on the subject public action? Yes O No� If yes,name the o icial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, O cross-coilateralization,etc.) Real Estate Broke r/A ent/Realtor 0 _ Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 (o Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained In this Form is complete, true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Matt Nelson Agenda Item 14 page 13 of 14 StepsNext • 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. Matt Nelson Agenda Item 14 page 14 of 14 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #14 Matt Nelson Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 14,Matt Nelson. Mr. Coston: Alright. Please state your name for the record. Mr.Nelson: My name is Matt Nelson. And I am here,I am the applicant and the owner of Station Tattoo. I've been tattooing for 16 years up and down the East Coast, and my studio will be art- centric and community-minded. I am respectfully requesting approval of the conditional use permit for a tattoo studio at 2260 Seashore Shoppes in the B-2 Community District. I'd like to briefly explain who we are, what we are proposing, how the project complies with the city requirements, and why this is a low-impact appropriate for this location. Station Tattoo will be a professional,health-regulated tattoo studio occupying an existing 1,238-square-foot in-line tenant space in a multi-tenant retail center. This space requires only minor interior modifications. No structural changes or exterior building alterations. We plan to have a maximum of five tattoo artists working at any one time, plus one or two front desk staff. Total six to seven employees. We will operate Monday through Sunday, 11 a.m. to 6 p.m. and we will accept both appointments and walk-ins to keep the business orderly and predictable. Maximum client occupancy, including artists and waiting guests, will be 12 people at any time. This modest scale helps keep activity low and manageable, and ensure parking for neighbors. Parking is fully accommodated. The existing shopping center provides 84 striped parking spaces and a shared lot. The city parking requirements for personal service uses is one space per 200 square feet,plus two additional spaces. For our 1,238 square foot space,that calculates to six required spaces, one per artist. We far exceed this with the 84 spaces already available. Health and safety are our top priority. The studio will operate at a 100%clean room environment. All needles and equipment will be single-use and disposable. Hand-washing stations and sharps containers at every station. Proper biohazard waste disposal protocols. All artists will be certified by the Virginia Department of Health and Professions, and certifications will be displayed at each station. The studio will be inspected by both the Virginia Department of Health and the Virginia Beach Health Department. This location is well suited for the use. The site is in a commercial corridor with surrounding retail restaurants and office tenants. No residential units directly adjacent. The modest scale, limited hours, appointment and walk-in model, and small maximum occupancy minimize any potential impact on traffic, parking and neighboring properties. Station Tattoo will fill a current vacant space, add a creative, professional business to the corridor, and provide a regulated personal service use that is compatible with the other tenants in the center. We are happy to accept reasonable conditions that the Commission believes are appropriate,such as confirming the 6 p.m. closing for walk-ins, maintaining the 12-person occupancy limit, or any additional signage or operational clarifications. Thank you very much for your time and consideration. I respect requests of the Commission, recommend approval for the conditional use permit, and I am happy to answer any questions. Mr. Coston: Any questions? Ms. Cuellar: I have a question. Mr. Coston: Commissioner Cuellar. Hey,Mr. Nelson, how are you today? Mr. Nelson: I'm well, how are yourself? Ms. Cuellar: Good,thanks for coming down. First of all, I want to thank you. Your business is in my district, and I thank you for the clarification on your hours. I worked with our planning department team, Kristin Bauer, on that. Could you please explain to the commission what type of community outreach that you've done? Mr. Nelson: Yes, I have emailed all the civics leagues that I could find, which were about 10 of them. I've got one response from one of them, whom I can't remember their name. And I have contacted all the businesses around me in that shopping center and I do have all their signatures. Ms. Cuellar: So we saw your petition. So the nine signatures and the civic leagues is who you reached out to? Mr. Nelson: Yes, ma'am. Ms. Cuellar: Okay. Thank you very much. Mr. Nelson: Absolutely. Mr. Coston: Any more questions? Do we have any speakers? Clerk: We have one speaker,Richard Munk. Mr. Coston: Have a seat for a moment. Mr. Nelson: Thank you very much. Clerk: There via WebEx. Mr. Munk: Can you hear me? Mr. Plumlee: We can hear you. Go ahead. Mr. Munk: Oh, yes. Richard Munk here. I'm at 2830 Shore Drive, almost directly across the street from where this proposed tattoo parlor is supposed to be. I'd just like to point out that I made a Google search, and within 10 miles of this proposed site, there are 18 tattoo parlors, and with the possible Rosemont Road tattoo parlor that was talked about earlier,that would make 19 within 10 miles of this tattoo parlor. And just to point out also that there's another tattoo parlor within the area there, a little over a quarter mile away. I'm just wondering, do we really need another tattoo parlor? That's all I have. Ms. Cuellar: Thank you very much. Mr. Coston: Do we have any questions for our speaker? Do you want to come back up? Okay, good. So do we? Ms. Cuellar: I'd like to go ahead and make a motion to support this application. I believe Mr. Nelson has gone through the application process with due diligence. He's reached out to the community. The staff is recommending it for approval. And I've not received any letters of opposition, other than our speaker here today, who just wanted to point out the number of tattoos within a 10 mile radius. Ms. Hippen: I second that. Mr.Coston: It has been moved by Commissioner Cuellar and seconded by Commissioner Hippen that we approve this item. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 11 to 0, item 14, Matt Nelson, has been recommended for approval. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler (Vice Chair) X Schoonover X Plumlee X Hippen X Cuellar X Coston (Chair) X Moor ani X Mauch X Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 2260 Seashores Shoppes Shopping Center. 2. The applicant must comply with Chapter 23-Sl of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. y4 IN Fellow Seashore Shoppes neighbor My name is Matt Nelson and 1 am writing to inform you that I am planning to open a tattoo shop 3 Station Tattoo, in the shopping center in early 2026. Station Tattoo will be taking both appointments and walk-ins and will be open from 11 am to 6pm daily. This studio will challeng the common misconception of what a tattoo shop is by creating a welcoming atmosphere and serve as a hub for the artistic community. If you have any concerns or questions, please know that I am available for discussion at any time. I am looking forward to building a relationship with the neighboring businesses! Thank you for your time, Matt Nelson Station Tattoo ees.. . 7 Printed name/Business Signa re Date � ice== lw t Printed Name/Business Signature Date Printed Name/Business Signature Date kill ooAtA mO)AOA Printed Name/Business Signature Date FRI i 1 ness Signature Printed Narne,8us�ness Dat 'R-�►1'� - Date Printed Name/Business Signature Date .:. . r Printed Name/Business Y 1� S t e RV Printed NamelBusiness Signature Date i Panted NamelRusine S nat re Dat Signature Date Printed Name/Business /r , h Al+ v Q' OQ�.�C� B2 ®H' ,t� �`ti�y� ti° o 0(J a SADDLE; a o _ 0---� e _x cn_ d-�" C c4Q N , I AC j MINNARD CT =�r'���✓// C' �. f f A p7}�Cy �� ® site Vinh Le C-1 Zoning 4239 Holland Road, Suite 712 0 Property Polygons S Feet 0 62.5 125 250 375 500 Map created by Planning Department on 2/26/2026 A.'t ate.., c:• ,C 7 .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VINH LE [Applicant] TIMBERLAKE SHOPPING CENTER ASSOCIATION [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 4239 Holland Road, Suite 712 (GPIN 1476868558). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: March 17, 2026 ■ Background: The applicant is seeking a Conditional Use Permit to operate a traditional Tattoo Parlor within an existing 1,400 square foot suite in the Timberlake Shopping Center. The size is zoned PD-H1 and a part of the Timberlake Land Use Plan. The land use plan limits use on this parcel to those permitted by-right or conditionally within the B-2 Community Business District. The proposal includes up to 10 employees with proposed hours of operation from 11 :00 a.m. to 9:00 p.m., daily. ■ Considerations: The shopping center is a well-established anchor in the Timberlake area and provides a range of commercial services and businesses for nearby residents. As part of the Suburban Area identified in the Comprehensive Plan, Timberlake Shopping Center continues to support the plan's goals for the development of Great Neighborhoods by providing necessary and appealing services for adjacent residential areas. This property is located along Holland Road and South Plaza Trail, both well-traveled routes in the city, and an appropriate location for commercial uses. 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 February 11 , 2026, 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 Conditional Use Permit for a Tattoo Parlor applies solely to 4239 Holland Road, Suite 712. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license. Vinh Le Page 2 of 2 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01 City Manager Agenda Applicant: Property Owner:Timberlake Shopping Center Association Planning Commission • February CouncilCity District 10 '• Project Details Request Conditional Use Permit (Tattoo Parlor) o P C 9 Staff Recommendation opELINE CT Z", �1�^so� � � oAP Approval y= SILVERLEAF DR ctiP o9 1'qC Staf�`Planner ko P v Alexis Bailey woAm _COO z6 ryo` o-.A<,NGST IOyUMA1NCEAF t, <yti pW 3 Location � �� SADDLER __- 4239 Holland Road, Suite 712 T �� GPIN s p I C W j{j •�, O y � 0 �N �MIMNARO CT nA 4,, R C tr F P N DI SILVERLEAF dy'y ,�6r Cr 2 1476868558 =T o p LINK_ Site Size GREEN yeyCT " IiiSR��00L SF�Op¢ G.F i MEADOWS DR KEATS Cl 1IIt /,Qv BCFS 1,400 square feet o-a S C OSS CHASE tiWYSOROp�aC CI CNASE ARBOR AICUZ �`��Q ARBOR CMN CT Less than 65 dB DNL 4FOFi y�F o� c Watershed Chesapeake Bay Existing Land Use and Zoning District z .-. ,.►; Shopping Center/ PD-H1 Planned Unit Development '';y0 ,�� Surrounding Land Uses and Zoning Districts' North Holland Road Shopping Center/ B-2 Community Business South Residential/ PD-H1 Planned Unit Development sat4" East C South Plaza Trail ;; ¢'` w � ,` pofr�°N Multi-family dwellings/ PD-H1 Planned Unit Development West Self-Storage/ PD-H1 Planned Unit Development Vinh Le Agenda Item 15 page 1 of 12 Background SummaryofProposal • The applicant seeks a Conditional Use Permit to operate a traditional Tattoo Parlor in a 1,400 square-foot suite of the Timberlake Shopping Center. • Timberlake Shopping Center is zoned PD-H1 as part of the Timberlake Land Use Plan.The land use plan limits use on this parcel to those permitted by-right or conditionally within the B-2 Community Business District. Since Tattoo Parlors are conditionally permitted in the B-2 Community Business District, a Conditional Use Permit is required. Other businesses operating in this shopping center include restaurants, personal services, a gym, a dental office, a car wash facility, and other convenience and supply stores. • The business will employ up to ten employees. • The proposed hours of operation are Monday through Sunday from 11:00 a.m. to 9:00 p.m. • The applicant is proposing to install a sign in the existing freestanding sign for the shopping center, which will require a separate sign permit. There is no window or building-mounted signage proposed at this time. Zoning # Request '`� 3 CUP (Car Wash Facility) Approved 02/04/2025 % B2'` MDP (Amendment to LUP) Approved PDH1 6 do 1 06/18/2019 5 PDHII LUP Approved 02/14/1983 'QO 2 CUP (Car Wash Facility)Approved 02/04/2025 62 CUP (Tattoo Parlor)Approved 10/17/2017 CUP (Indoor Recreational Facility) Approved 04/05/2017 3 CUP (Indoor Recreational Facility) Approved ti 07/03/2012 CUP Motor Vehicle Rentals Approved cW,=PDHi �� / o= POH1 08/27/1996 MDP (Amendment to LUP) Approved 4 02/02/2015 Application Types LUP Approved 02/14/1983 REZ: Rezoning NON: Nonconforming Use CUP (Communication Tower) Approved CRZ: STC:Street Closure 5 10/14/2008 Conditional FVR:Floodplain Variance LUP Approved 02/14/1983 Rezoning ALT.'Alternative Compliance MDP(Amendment to LUP) Approved MDC: SVR:Subdivision Variance 6 05/24/2004 Modification LUP: Land Use Plan LUP Approved 02/14/1983 of Conditions STR:Short Term Renta CUP: Conditional Use Permit MDP: Modification of Proffers Vinh Le Agenda Item 15 page 2 of 12 Evaluation • • • In Staff's opinion, this request for a Conditional Use Permit to operate a Tattoo Parlor in the Timberlake Shopping Center is acceptable.The shopping center is a well-established anchor in the Timberlake area and provides a range of commercial services and businesses for nearby residents. As part of the Suburban Area identified in the Comprehensive Plan, Timberlake Shopping Center continues to support the plan's goals for the development of Great Neighborhoods by providing necessary and appealing services for adjacent residential areas.This property is located along Holland Road and South Plaza Trail, both well-traveled routes in the city, an appropriate location for commercial uses. The applicant's proposal includes no major alterations to the existing building and, while it will add to the mix of businesses in the shopping center, no negative traffic impacts are anticipated as a result of this use. Staff recommends approval of this application subject to the conditions listed below. Recommended Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 4239 Holland Road, Suite 712. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Vinh Le Agenda Item 15 page 3 of 12 Comprehensive Plan Information The site falls within the Suburban Area and within the Holland to Independence Study Area in the Commercial Area Pattern Book. A "primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future" (p. 1-60, Comp Plan Policy Document). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historical or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traf3Sc Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2- No Data Available Proposed Land Use 3—There will 32,700 ADT 1(LOS 4 be no significant change in traffic Holland Road 38,700 ADTl D„) based on the addition of the proposed tattoo parlor land use in the existing strip commercial central as this is an expected land use. 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of shopping center shopping center Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial facility. The Holland Road Phase I CIP project is approved for this area of Holland Road. This project will reconfigure Holland Road as a six-lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashes, intersections at the intersections that lack a traffic signal.The project will also include continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. Construction of this project is scheduled to begin in 2031. Vinh Le Agenda Item 15 page 4 of 12 Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water&Sewer The site is currently connected to city water and sewer. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Vinh Le Agenda Item 15 page 5 of 12 s 1 SL IP Y ` lop ' et r imp rr _' l rk tt '1 VLAW A hip. w PAN ..twit . Y -.&4 >` no Vinh Le Agenda Item 15 page 6 of 12 Site • • 4 Vinh Le Agenda Item 15 page 7 of 12 Disclosure r VIRGINIDisclosure Statement Statement BEACH ry The di clasures contained in rha form are aeccssarp to Inform Public officials ' application as to whether they have a conflict of iafere5t under Virginia law.Compie - "tJl .Nor this form is required for all nnPli,"ll"^'thnr or-tarn to City real#-vote marten or to t) r}r use of property in the C:rI other Lx-•daes. APPLICANT iNFORMATION Applicant Name: >^� Le— Is as tis7ed an app!catior> _V.� _._ Applicant also the owner of the subject property? YesQ Noij !f no, property Owne;crust,.amplcte SEC i70N 2:PROPER iY OWNER DISCLOSURE(page 3) Does i Applicant phave na Representative? er+ 61.0 o is Applicants corporation,partnership,firm,business,trust or unincorporated business? Yes{ No if yes,list the names of all offa.er", ,tors,numbers,nr trustees below AND businesses thaT havf o' parent-subsidiary'or affitiated business entity a refzrtionship with the applicant.(Attach list f necev rr ' _ ---- — Does t rtyhe subject prope have a proposed or pending purchaser? Yes Nol -- ---- if yes,name proposed or pending purchaser: — KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in th subject land or any proposed development contingent on the subject public action? YesQ No(y f yes,name the official or e,rpJayee,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<.r.e subject application or any business operating or to be operated on the property.The name of the er„icy ondlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity a Ior individual) PFi,,ndng(mortgage,deeds of trust, �� I ollateralizat ion,etc.) — ---- � Real Estate 6rcker/AgenkjRealtor _..W ._ Disclosure Staiement I rev. May-2024 gage 1 of 3 P W � � Vinh Le Agenda Item 15 page 8 of 12 Disclosure SERVICE YES N(7 SERVICE PROVIDER _ a Nome entity on ydlar irzdividuat�_ Acmuntin i Return Preparation 0 `� - Architect/Designer/Landscape yam{ Architect/Land Planner FC-n:,t:r�uctiollContractor Engineer/Surveyor/Agent Legal Services Q _� I APPLICANT CERTIFICATION READ:I certify that alf information contoined in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled far public hearing,t 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 tee in connection with this application. Applicant Name(Print) p nt Signature Date z"Parent-stlbsld:ar'y relationship,"means`a relationship that exists when enc corporation directly or indirectly owns shares possessing more short So percent of the voting power of another corporation."See State and local Government Con r'ct Of Interests Act,Vi ,Code§y.2-31fli. Affiliated business entity relationship"means"a relationships,other than parent-sobsidiary relationship, that exists weer ,i;W-,e business entity has a controlling ownership interest it,the other business entity,(ill a controlling owner in one entit y is also o controlling owner in the other entity,or(hi)there is shared management or control between the business entities,Factors that should be considered in determining the existence afar,affiliated business entity relationship include thol site some person or substantially the some person own Or manage the two entities;there are corninon or corriniinglc d funds Or assets;the business entities shore the use of the sortie offices or einployees or others vise share activities,resources or personnel art a reaular bas,.s;Or there is otherwise e close working felvrionshio belwee the er tities. 'se— State and Local Governtnerit Conflict of Interests Act,Va,Code Z2-3 01, FOR CITY USE ONLY: No changes as of(date): ,��4/2Q26 i, Alexis . .j1y � l� _ jrrfrif _ 2 24 2026 Staff Name JP#nt) _ StaffSigiiatUre that, eat } ear Mai tl �. Pa Vinh Le Agenda Item 15 page 9 of 12 Disclosure 1 •• + • • PROPERTY OWNER INFORMATION Property owner Name: ( / ` t afAstedonoPPlicot lot � trrr SJtD r/ �c'rrt,;i? SGii!/�..5 +-.�L'- <{ Is the Owner a corporation,partnership,firm,business,trust�,ir unincorporated business?Yes(� JoO if yes,list the names of oll officers,directors,members,or trustees below AND businesses that have o parent-subsidiary'orafflllotedbusiness entit 2relationship with the appllcont.(Attach list if necessory.) r. Does the subject property have a proposed or pending purchaser? Yes Q 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() NoQ"' Ifyes,name the off clo!or employee,and desrribe the nature of their Interest. PROPERTY OWNER SERVICES DISCLOSURE provided in connection to the subject READ:The Owner must certify witether the folloivin services are being p application or any business operating or to be operated on the property.The narne of the entity or individual providing such services must be identi fed.(Attach list if necessary.) — ,�_ �_—__ _ SERVICE YES NO SERVICE PROVIDER (Nome entity ond�or individual) financing(mortgage,deeds of trust, cross-coilateralization,etc.) _/_ — - Real Estate BrokerffigentJRealtor — Accounting/Tax Return Preparation 0__ -- ArchitectJDesignor/landscape ' Architect/Land Planner Construction Contractor En ineer/Serve or/A en# Legal Services — -" PROPERTY OWNER CERTIFICATION RE40:)certify that all tnformation contained in this Far,n is complete,tfliL,and accurate.I understand that, upon receipt Of D011fic0tion that the application has been scheduled for public hearing,1 on)responsible for updating the 1pformotion provided herein three weeks prior to the nleetiny Of Flonning Commission, City Council,MAI,CBPA,Wetlands Board or any public body or committee in Coni)cc"Ln wi#h#Ills application. i ��i1zr �- r} Property t)atncr Signature Date property Owner Nan e(Print) .�. page 3 of 3 ,,r*Statement I rev. May-202A k M,''is 3 10, Vinh Le Agenda Item 15 page 10 of 12 Disclosure Statement Frederick J. Napolitano, TOLUSte-(� of the Frederick J. Napolitano Tr-rest , Operating Manager Emilio Olivieri Family Company No 1, LLC by John E Olivieri, Operating Manager Patricia Anne Racanello and Peter B. Racanello, Trustees of the Patricia Anne acar Revocable Trust dated 20,2003 John E Olivied and Michael � Ofivied, as Trustees of the Richard E. Olivieri Marital Ti dated September 5,2018 Olivier! and Miclia- Aj V, : 011vied, as Trusteels of Richard E. livied Revocab Dated July 14,2004 Vinh Le Agenda Item 15 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Vinh Le Agenda Item 15 page 12 of 12 Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #15 Vinh Le Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is item 15, Vinh Le. Is there a representative here today to speak on this item? Welcome,madam. Please state your name for the record. Ms. Sims: My name is Tiara Sims. Ms. Byler: Thanks for coming today. Are the conditions acceptable to you? Ms. Sims: Yes,they are. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Moorjani to read this into the record. Ms.Moorjani: The applicant,Mr.Vinh Le, is seeking a conditional use permit for a tattoo parlor in a 1,400 square foot suite in the Timberland Shopping Center. The business will employ up to 10 employees. This is a reasonable request and we have not received any opposition. Therefore, we ask this to be added to the consent agenda. Ms. Byler: Thank you, Commissioner Moorjani. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms. Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep, the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk, we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 4239 Holland Road, Suite 712. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. OR(STR-OR) 1, 1 W x ® Site Justin Brown ti Zoning 428 21 st Street 0 Property Polygons s Feet 0 12.5 25 50 75 100 Map created by Planning Department on 2/26/2026 ru e� sir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUSTIN BROWN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 428 21St Street (GPIN 2427083129). COUNCIL DISTRICT 6 (Remick) MEETING DATE: March 17, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental in a 2-bedroom condominium located at 428 21st Street. The site has no prior zoning complaints, is not currently advertised and there are no prior documented stays. ■ Considerations: A total of two parking spaces are required for the proposed Short Term Rental. The site has a one-car garage and there are eight guest parking spaces, 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. 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 February 11, 2026, 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 following conditions shall only apply to the dwelling unit addressed as 428 21st Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Justin Brown Page 2 of 5 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Justin Brown Page 3 of 5 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 Justin Brown Page 4 of 5 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. ■ 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. Justin Brown Page 5 of 5 Submitting Department/Agency: Planning Department City Manager: Agenda • Applicant & PropertyBrown Planning Commission •lic Hearing: February 11, 2026 V_B_ CouncilCity District • Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation �toa ;s Approval Staff Planner Alexis Bailey ,;, Location 428 21st Street GPIN 2427083129 sa 1 1 t.4nIN ti5 e r S,. Site Size " 2,006 square feet 5etf{s' AICUZ U= s 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 215t Street �w Multi-family/ OR Oceanfront Resort South I I 20t" %Street Single-family dwellings/OR Oceanfront Resort o East Motel/OR Oceanfront Resort West Baltic Avenue Single-family dwellings/OR Oceanfront Resort Justin Brown Agenda Item 16 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 428 215t Street.The 2,006 square foot condominium unit is located within the Atlantic Palisades Condominiums and is zoned OR Oceanfront Resort District. • According to City records, this two-bedroom unit was constructed in 2024. • Staff inspected the site on November 19, 2025 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking on the street during the restricted hours. • There are no past Zoning Complaints associated with this site. • According to the applicant, this property was not used for Short Term Rental purposes prior to July 1, 2018. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of January 26, 2026, is shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes Justin Brown Agenda Item 16 page 2 of 14 Short Term Rentals in the Vicinity y. F Y �,m Z T t e T x TY 0�D 00 00 0 7t x nR z a 0 C-t `1 Short Term Rentals STR Pemiks(69) Justin Brown Agenda Item 16 page 3 of 14 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: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 Justin Brown Agenda Item 16 page 4 of 14 HistoryZoning Map Rey No. Request 1 SVR Approved 09/06/2016 OFt(,ST,R-OR) 1 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within an existing condominium. The two-bedroom Short Term Rental is required to have two off-street parking spaces. The site has a one-car garage, and there are eight guest parking spaces, thereby satisfying the parking requirement. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. .,av Justin Brown Agenda Item 16 page 5 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 428 21St Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Justin Brown Agenda Item 16 page 6 of 14 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. Justin Brown Agenda Item 16 page 7 of 14 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 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. 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. Justin Brown Agenda Item 16 page 8 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Justin Brown Agenda Item 16 page 9 of 14 Site Layout & Parking Plan • i i � s S � Site • • ". v■ ■ E rrr ' r MW Justin Brown Agenda Item 16 page 11 of 14 Disclosure CITY OF DisclosureVIRGINIA V Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • DISCLOSURE APPLICANT INFORMATION Applicant Name: os listed on application ](a r �d(4)Y) Is Applicant also the Owner of the subject property? Yes(vD NoO if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(D No0 If yes,name Representative: �tLij-I�Ly) How/�)�-0(U iL'.�, � YI >- Z 7 30 31_ Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo(D' If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity a relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso NoQ'/ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity 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.) //77�� _ Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. May-2024 page 1 of 3 Justin Brown Agenda Item 16 page 12 of 14 Disclosure DISCLOSURESECTION 1: APPLICANT • • SERVICE YES NO SERVICE PROVIDER �c Name entity and/or individual Accounting/Tax Return Preparation O v Architect/Designer/landscape Q O Architect/land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent Legal Services O G APPLICANT CERTIFICATION READ:I certify that ail information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. T4,5-ll-;n Art)G)I� t �.YMa/ 1012,7l ZO�S Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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): 2/24/226 Alexis Bailees ���7i1 %hCG 2/24/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Justin Brown Agenda Item 16 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Justin Brown Agenda Item 16 page 14 of 14 STIR VICINITY MAP JU STI N BROWN 0 00 000 4 00 0 Short Term Rentals 0 0 4 STR Permits (69) Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #16 Justin Brown Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item on the consent agenda is item 16,Justin Brown. Is there a representative here today to speak on this item? Ms.Huffox: Yes,this is Caitlin Huffox on the webinar. Ms. Byler: Thank you for joining us virtually. Are the conditions acceptable to you? Ms. Huffox: Yes,they are. Ms. Byler: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Plumlee to read it. Mr. Plumlee: This request for short-term rental is by Justin Brown. The address is 428 21 st Street. It's for short-term rental,and it meets all the requirements of the city's ordinance. For that reason,there is not opposition that's been placed on the consent agenda. Ms.Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the minutes as a part of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms. Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep, the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk, we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 428 215Y Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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, 13, 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. OR(STR-OR) 22N�S'T OR(STR-OR) m OR 0 m �z v� v OR(STR-OR) ® site Aaron Hall N p zoning 516 22nd Street, Unit 200 Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 2/26/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AARON HALL [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 516 22"d Street, Unit 200 (GPIN 24179873260200). COUNCIL DISTRICT 6 (Remick) MEETING DATE: March 17, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 4-bedroom condominium unit located at 516 22nd Street, Unit 200. The site has no prior zoning complaints, is not currently advertised and has no prior documented stays. ■ Considerations: A total of four parking spaces are required for the proposed Short Term Rental. There are two assigned parking spaces on the site, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two parking spaces at the 25th Street Municipal Parking Garage located 0.25 miles (straight line measurement) and 0.36 miles (driving distance) from the site. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On February 11, 2026, 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 following conditions shall only apply to the dwelling unit addressed as 516 22nd Street, Unit 200, 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. Aaron Hall Page 2 of 5 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Aaron Hall Page 3 of 5 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 Aaron Hall Page 4 of 5 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. ■ 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. Aaron Hall Page 5 of 5 Submitting Department/Agency: Planning Department 01 City ManagerlO Agenda Applicant i Property Owner: Aar Planning Commission • •: February 11, 2026 V_B' CouncilCity • R' Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation e_ Approval Z� z ,iuO NP'\f 5t 1 7,„ Staff Planner r i3µu n�f S Alexis Bailey - s Location 516 22nd Street, Unit 200 s, GPIN y; 24179873260200 7� Site Size 6,596 square feet z AICUZ 65-70 dB DNL; Sub-Area 1 Watershed v �. - -- Chesapeake Bay ..` Existing Land Use and Zoning District Condominium/OR Oceanfront Resort Surrounding land Uses and Zoning Districts North 22 d Street Townhouses/OR Oceanfront Resort - South 215t%2 Street Ilk Duplex/ OR Oceanfront Resort ` ' : East s 4 Condominium/OR Oceanfront Resort � ' 21st.NaL� West Condominium/OR Oceanfront Resort Aaron Hall Agenda Item 17 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 516 22"d Street, Unit 200. The site contains a three-unit condominium and is zoned OR Oceanfront Resort District. • According to City records, this four-bedroom unit was constructed in 2024. • Staff inspected the site on December 17, 2025 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • There are no prior zoning complaints on this site. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of December 22, 2025, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Aaron Hall Agenda Item 17 page 2 of 14 Short v � 3 i 1 a r it , rt tt F '130 i a ,F i s i y , t t 3 , P r� e t. '- a 5 I °.•ee z �'— F nl , 3 t i a i OVAO S ' ' 1 i 6 , �1 , J t .a i ,F .} } n t t i Ztsl ' 3 of r y F i It i a , ti S , F , In Shirt Term Rntl , v fn��; ltS (59) Aaron Hall Agenda Item 17 page 3 of 14 Summary ofProposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required): 4 • Number of off-street parking spaces provided: 4 (2 provided on-site; 2 provided off-site) Aaron Hall Agenda Item 17 page 4 of 14 Zoning # Request St 1 CUP(Short Term Rental) Approved 10/07/2025 CUP(Short Term Rental)Approved 05/20/2025 2 CUP (Short Term Rental) Approved 05/20/2025 CUP (Short Term Rental) Approved 05/20/2025 2 OR(STR-OR) A I, S, Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ. Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • • The applicant is requesting to operate a four-bedroom Short Term Rental within an existing condominium. The four-bedroom Short Term Rental is required to have four off-street parking spaces. The site has two assigned parking spaces for the unit, and the applicant has provided an Intent to Lease Off-Site Parking Agreement to lease two off-street parking spaces at the 25th Street Municipal Parking Garage, located 0.25 miles from the site, for a total of four parking spaces. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site has no prior rental listing or documented stays. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Aaron Hall Agenda Item 17 page 5 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 516 22 d Street, Unit 200, 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. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Aaron Hall Agenda Item 17 page 6 of 14 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. Aaron Hall Agenda Item 17 page 7 of 14 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 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. 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. � Aaron Hall Agenda Item 17 page 8 of 14 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on March 13, 2026. Aaron Halle Agenda Item 17 page 9 of 14 LayoutSite p�[ 1 gib� a V 9 T r e. r Aaron Hall Agenda Item 17 page 10 of 14 Site • • X - -- •, k` F 1 :s ,w �'w m s � a � , Ai&.�,..... s r Aaron Hall Agenda Item 17 page 11 of 14 Disclosure Docusign Envelope ID:AF3C53AD-43744A6&94A&C39 940 701 904 DisclosureCITY OF VIRGINIA 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 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 Aaron Hell Is Applicant also the Owner of the subject property? Yese No® If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese No® If yes,name Representative: Sheppard Atkinson, Coastal Accommodations, LLC Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoQ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) 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 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 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Aaron Hall Agenda Item 17 page 12 of 14 Disclosure Docusign Envelope ID:AF3C53AD-4374-4A6B-94A6-C39940701904 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q Q Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,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. o��.g�a ny: Aaron Hall EjgA�ZFe ,.,E... 12/05/2025 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(l)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 2/24/2026 ((,Z,� Alexis Bailey c_�Jh d fj M"�/" 2/24/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Aaron Halle Agenda Item 17 page 13 of 14 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Aaron Hall Agenda Item 17 page 14 of 14 STRVICINITY MAP AARON HALL f r , 4 r} � f f � r f , r � r f • , 1 -r r '� ', S, " 't 23R � i ,� � ,f �• r r I i 1 , , r ' f ry i , SSS f t , , e r r , , e , r i� It l (, 1 tt f� , e a , r t r r L "y •I. ,, fi i e s , .. , Y { 'r f r } , y ,x , 1 `fie 1�,v. ,f 1 •ee,. �� : li t q r , r , f r t ' 1 , � Lf# r Short Term Rentals f f _ 1 S - STR Permits;59j �r Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #17 Aaron Hall Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Plumlee. The next item on the consent agenda is item number 17,Aaron Hall. Is there a representative here? Clerk: They should be on WebEx. Ms. Atkinson: H i, can you hear? Ms. Byler: Yes,we can hear you now. Ms.Atkinson: Okay, I am sorry. This is Shepard Atkinson on Webex. Ms. Byler: Thank you for joining us virtually today. Are the conditions acceptable to you? Ms.Atkinson: Yes,ma'am,they are. Ms.Byler: Is there any opposition to this item being added to the consent agenda? Hearing none, I've asked Commissioner Plumlee to read it into the record. Mr. Plumlee: The applicant, Aaron Hall, has applied for conditional use permit at 516 22nd Street, Unit 200. Our wonderful staff has indicated that it meets each and every requirement of the city's zoning ordinance. There is no opposition, and the Planning Commission found it best to place it on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1,4, 10, 13, 15, 16, 17,and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr. Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February. Otherwise, I've got no abstention from any application. Ms. Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep, the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk,we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person, but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 516 22"d Street, Unit 200, 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. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. OR(STR-OR) 1 _ v0 A�F SZ �1 t 2�SZ vm S , QR(S I -u ) R 1 n 1 � r t SS Q� site Rayapu Reddy Tumma and Jyothi Salibindla L Zoning 413 21 st Street 0 Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 2/26/2026 nw n;M f ' z ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAYAPU REDDY TUMMA AND JYOTHI SALIBINDLA [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 413 2111 Street(GPIN 2427084308). COUNCIL DISTRICT 6 (Remick) MEETING DATE: March 17, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a 3-bedroom single-family dwelling located at 413 21St Street. The site has no prior zoning complaints, is not currently advertised, and the last known documented stay was August 9, 2020. ■ Considerations: A total of three parking spaces are required for the proposed Short Term Rental. The site contains a two-car parking pad, and a seven-car stacked driveway, for a total of nine parking spaces on the site. All other requirements of Section 241 .2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On February 11 , 2026, 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 following conditions shall only apply to the dwelling unit addressed as 413 21st Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. Rayapu Reddy Tumma and Jyothi Salibindla Page 2 of 5 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Rayapu Reddy Tumma and Jyothi Salibindla Page 3 of 5 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 Rayapu Reddy Tumma and Jyothi Salibindla Page 4 of 5 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. ■ 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. Rayapu Reddy Tumma and Jyothi Salibindla Page 5 of 5 Submitting Department/Agency: Planning Department 9 City Manage $�9 Agenda Applicant & Property Owner: Rayapu Reddy Tumma and Jyothi Salibindla Planning Commission Public -• 2026 V_B_ CouncilCity 1 1 (Remick) Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation ' j t Approval s - �� ' ^ �Sj t j � 1 Staff Planner � � ! Alexis Bailey „ . Location 413 21st Street � - GPIN 2427084308 Site Size 7,680 square feet A/CUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts : North 2111%Street Condominium/OR Oceanfront Resort South 211 Street ` Motel /OR Oceanfront Resort East Single-family dwelling/OR Oceanfront Resort .e._ West Condominium/OR Oceanfront Resort Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 1 of 15 Background ► SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 413 21St Street. The site contains a three-bedroom single-family dwelling and is zoned OR Oceanfront Resort District. • According to City records, this three-bedroom home was constructed in 1959. • Staff inspected the site on December 17, 2025 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • The site has no prior zoning complaints. • 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 December 22, 2025, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 9, 2020 No Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 2 of 15 Short Term • entals in the Vicinity is io r Tl T , i , 1 y ! , e r , , , A3 , 7 rn , r, i e , , v r I X r , Short Term Rentals s + 0 Y r � m _ SiR _ Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 3 of 15 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): 3 • Number of off-street parking spaces provided: 3 Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 4 of 15 HistoryZoning OR(STR-OR) # Request 2�st NA�'F si 2 CUP (Short Term Rental)Approved 09/16/2025 CUP (Short Term Rental) Approved 08/25/2020 1 CUP (Short Term Rental) Approved 08/18/2020 OR(STR-OR) CUP (Short Term Rental) Approved 07/07/2020 ALT Approved 04/18/2017 2 CUP (Short Term Rental) Approved 01/19/2021 CUP (Short Term Rental) Approved 07/14/2020 3 CUP (Short Term Rental) Approved 07/14/2020 3 CUP (Short Term Rental)Approved 07/14/2020 CUP (Short Term Rental)Approved 07/14/2020 1 ALT Approved 04/18/2017 4 ALT Approved 03/11/2014 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT:Alternative Compliance Evaluation • • • The applicant is requesting to operate a three-bedroom Short Term Rental within an existing single-family dwelling. The three-bedroom Short Term Rental is required to have three off-street parking spaces. The site contains a two-car parking pad and a seven-car stacked driveway, for a total of nine parking spaces on the site. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The site is not actively advertised, and the last known documented stay was August 9, 2020. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. z Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 5 of 15 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 413 211 Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 6 of 15 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. Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 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. 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. 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. Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 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 January 12, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 28, 2026 and February 4, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 26, 2026. • 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 February 5, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 3, 2026 and March 10, 2026. • 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 March 2, 2026. • 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 March 13, 2026. Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 9 of 15 LayoutSite • Parking Plan t„ 1 �� ft X 142 NVA' ` -1 driveway 1 9 tX24 _ � I � y 1 aF f} parking pad r. Y, `3 a;- a Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 10 of 15 Site • • e. -71 TM OR S Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 11 of 15 i zll x` x Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 12 of 15 Disclosure Cl 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 have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards,commissions,or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application ' f Is Applicant also the Owner of the subject property? Yeso No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO N.0 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 I or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No U 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 offic lot or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicont 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 4 cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor O 0 Disclosure Statement I rev. May-2024 page 1 of 3 Rayapu Reddy Tumma and lyothi Salibindla Agenda Item 18 page 13 of 15 Disclosure SECTION DISCLOSURE _� -- ---------__._._---- SERVICE YES NO SERVICE PROVIDER Name entity and/ individual Accounting/Tax Return Prepa ration O QF; or Architect/Designer/Landscape 0 ©r. Architect/Land Planner Construction Contractor O 0. Engineer/Surveyor/Agent ��y" ` Legal Services 0 \J 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,t 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. �t Fr Applicant Name(Print) Applicant Si nature Date =�11 1�1 sAL_131NDt.�t C Ia-j, I �-�L� ?"Porent-subsidiary relationship"means"a relationship t ats when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the 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 o'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): 2/24/2026 Alexis Bailey �Tl/Pri�Ss�r ��ii 2/24/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M ay 2024 page 2 of 3 Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 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. Rayapu Reddy Tumma and Jyothi Salibindla Agenda Item 18 page 15 of 15 TR VICINITY MAP RAYAPU RED DYTUMMAANDJYOTHI SALIBINDLA ssl CN e�9 _ » x x Tel- rr. a. , V� Short Term Rentals SCR.Permit (03', Virginia Beach Planning Commission February 11, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #18 Rayapu Reddy Tumma and Jyothi Salibindla Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Plumlee. And the last item on the consent agenda is a bit of a struggle for me, but I'll do the best I can. It is agenda item 18, Tumma and Salibindla. Is there a representative here today to speak on this item? Thank you, madam. Please state your name for the record. Ms. Salibindla: Hi,everyone. My name is Jyothi Salibindla. I'm an applicant. Ms. Byler: Thank you, ma'am. Are the conditions acceptable to you? Ms. Salibindla: Yes. Ms. Byler: Thank you. You may be seated. Ms. Salibindla: Thank you. Ms. Byler: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The applicants, Tumma and Salibindla are requesting a conditional use permit for short-term rental. The address is 413 21 st Street. It has been confirmed this application meets all the requirements of the zoning ordinance. There is no opposition to this application, and the Planning Commission has deemed it best to be placed on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. Chair Coston, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Agenda Item 1, 4, 10, 13, 15, 16, 17, and 18,plus the records of the minutes. Mr. Coston: Thank you. Do I have a motion to approve by consent, as read by the vice chair? Mr. Plumlee: Moved by consent. Mr.Hippen: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Hippen that these items be accepted. Is there anyone abstaining on any of the items on this consent agenda?? Mr. Plumlee: Excuse me, I am abstaining with the number of commissioners on the visit in February,. Otherwise, I've got no abstention from any application. Ms. Hippen: And I am abstaining from the site visit in February. Ms. Byler: Yep, the same. Mr. Coston: Thank you, same. So we've had the motions made first and seconded. Madam Clerk, we're ready for the vote. Clerk: The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, all aforementioned minutes, and items 1, 4, 10, 13, 15, 16, 17, and 18 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting either virtually or in person,but you are free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 413 21St Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code'Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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. 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. L. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY POLICY AND MANAGEMENT TEAM • DEFERRED COMPENSATION BOARD • INDEPENDENT CITIZEN REVIEW BOARD • PARKS AND RECREATION COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 17, 2026. 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:03/03/2026 PAGE: 1 R U T N H C L M II C R A H U M E H G E M R U 1 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 l l M SUBJECT MOTION VOTE I S R Y N N K D E N N CITI COUNCIUS BRIEFING GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Director II.-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y A Y Y Y Y Y Y A-F G. MINUTES INFORMAL and FORMAL SESSIONS— February 17,2026 APPROVED 10-0 Y Y Y Y A Y Y Y SPECIAL FORMAL SESSION— February 24,2026 11 RESOLUTION IN RECOGNITION The Ramblers—American Youth Football(AYF) I PUBLIC HEARINGS I LEASE OF CITY PROPERTY— NO SPEAKERS AGRICULTURAL PURPOSES Approximately 23 acres off New Bridge Road to Dawley Family Farms,LLC Approximately 69 acres off Indian River Road to Dawley Family Farms,LLC Approximately 457 acres off North Landing Road to Land of Promise Farms Partnership ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Centerville Turnpike Phase II Project CIP 100057 (2-409),100451(5-251)and 100452(6-556) ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Lynnhaven River Basin Ecosystem Restoration Project Phase 2;Wetland Construction CIP 100263 K I Ordinance to AUTHORIZE the City Manager to ADOPTED,BY Ia-n 1' l' 1' 1' A Y Y Y Y Y Y EXECUTE a Lease Agreement with Lumos CONSENT Telephone LLC re two(2)strands of Dark Fiber in the City's Communications Network K2 Ordinance to APPROVE and ADOPT a Revised ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y City Council Policy re Council Member CONSENT Sponsored Forums and Events(Requested by City Council) K " Ordinance to AMEND City Code Section 2-3.1 re ADOPTED,BY 10-0 Y Y Y 1' A l" Y Y 1' Y Y Boards and Commissions attendance policy CONSENT (Requested by City Council) k; Resolution to AUTHORIZE and DIRECT the City ADOPTED,BY 10-0 1' Y Y 1' :1 1" Y Y Y 1' Y Manager to EXECUTE a Memorandum of CONSENT Agreement (MOA) re the Hampton Roads Regional Groundwater Mitigation Program 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:03/03/2026 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y $720,472.93 from the Virginia Department of CONSENT Emergency Management(VDEM)to the FY 2025- 26 Emergency Communications and Citizen Services (ECCS) Operating Budget re 911 Infrastructure updates K b Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y $5,250 from the Virginia Department of Behavioral CONSENT Health and Developmental Services(DBHDS)to the FY 2025-26 Human Services Operating Budget re additional training opportunities K.7. Ordinance to TRANSFER$725,981 from vacancy ADOPTED,BY I i i-0 Y l Y Y Y Y Y Y Y Y savings in the General Fund to the FY 2025-26 CONSENT Voter Registration and Elections Operating Budget re Special Election on April 21,2026 L. APPOINTMENTS RESCHEDULED B Y C S E N I S BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY POLICY AND MANAGEMENT TEAM DEFERRED COMPENSATION BOARD INDEPENDENT CITIZEN REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH VA250 COMMITTEE HUMAN RIGHTS COMMISSION Appointed: 10-0 Y 1' Y N' A 1' Y Y 1' Y Y LaTonya Roberson 3 Year Term 4/I/2026-3/31/2029 MILITARY ECONOMIC DEVELOPMENT Appointed: 10-0 Y Y Y ADVISORY COMMITTEE Richard S.Barcus 5 Year Term 3/3/2026—2/28/2031 OCEANA LAND USE CONFORMITY Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y COMMITTEE Captain Robert R. Littman— Representing Non- Voting Member No Term M. UNFINISHED BUSINESS N. NEW BUSINESS O ADJOURNMENT 6:20 P.M. OPEN DIALOGUE 9 SPEAKERS 6:50 P.M. CITY OF VIRGINIA BEACH J SUMMARY OF COUNCIL ACTIONS A R C O K S B H S S E C U O S DATE:03/12/2026 PAGE: I R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N 1. SPECIAL FORMAL SESSION A. CALL TO ORDER-Mayor Rober M."Bobby"Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL FORMAL SESSION II.-III. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-C. D.1. Ordinance to AUTHORIZE a Temporary Additional ADOPTED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Curfew for Unaccompanied Minors and AUTHORIZE Certain Additional Actions to Assist Law Enforcement at the Resort Area E. ADJOURNMENT 4:04 P.M.