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HomeMy WebLinkAbout5-19-2026 FORMAL SESSION AGENDA G�NIABFAC City of Virginia z "COMMUNITY • ' A LIFETIME11 �q9 s = ��• �F BUR NAS��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 CJacksonGreen@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 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ichulman@VBgov.com 1 757-840-1291 Email all City Council members at CitVCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda May 19, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY MANAGER'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. 19t' AND PARKS AVENUE UPDATE 3:00 P.M. Emily Archer, Acting Director— Economic Development II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. III. CITY COUNCIL AGENDA REVIEW 3:45 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION 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. FORMAL SESSION —April 28, 2026 2. INFORMAL and FORMAL SESSIONS— May 5, 2026 3. SPECIAL FORMAL SESSION — May 12, 2026 (Conference Room 2034) 4. SPECIAL FORMAL SESSION — May 12, 2026 (Budget Adoption) H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - ASIAN AMERICAN, NATIVE HAWAIIAN, PACIFIC ISLANDER MENTAL HEALTH DAY Melody Agbisit, PhD, LPC (Licensed Professional Counselor), Founder, Therapist and Speaker— Kultura Wellness and Consulting/ Consulting and Advocate — National Asian American and Pacific Islander Mental Health Association Jane Bruno-Kozoriz, Resident in Marriage and Family Therapy— Kultura Wellness and Consulting Jennifer Reyes, RN, PMH-BC, Certified Psych Nurse — Kultura Wellness and Consulting 2. RESOLUTION IN RECOGNITION Carolyn Garrett I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY 215 square feet at 2425 Nimmo Parkway -Judicial Center J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the Mayor to EXECUTE an Eighth Amended Charter Agreement of the Hampton Roads Workforce Council re add two (2) Eastern Shore Counties (Accomack and Northampton) and remove Gloucester County from membership 2. Resolution to APPROVE the assignment of the Tourism Development Finance Program (TDFP) Performance Agreement between the City, the Virginia Beach Development Authority (VBDA) and the Cavalier Hotel Developer in connection with the proposed sale of the properties 3. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Wesley re relocate, reconstruct and maintain the previously approved boatlift and construct and maintain a new skiff/jet ski lift, and maintain existing wood pier at the rear of 508 Southside Road DISTRICT 5 4. Ordinance to AUTHORIZE a temporary encroachment into the City-owned property known as Lake Joyce re maintain an existing timber bulkhead, and construct and maintain a timber pier and rip rap revetment at the rear of 4220 Ben Gunn Road re DISTRICT 9 5. Ordinance to AUTHORIZE the acquisition of 7.04+/- acres of a portion of property at 4188 Yorktown Boulevard in Midway Manor from the United States of America, Department of Navy; ESTABLISH Capital Project#100754 "Midway Manor"; and TRANSFER$3-Million from Capital Project#100641 "Open Space Acquisition IV" to Capital Project #100754 6. Ordinance to AMEND the FY 2025-26 Department of Housing and Neighborhood Preservation Budget; ACCEPT and APPROPRIATE$1-Million from the Federal Department of Housing and Urban Development (HUD) and APPROPRIATE $60,000 from the Federal Section 8 fund balance to the FY 2025-26 Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program and operations 7. Ordinance to ACCEPT and APPROPRIATE $47,520 from the Virginia Department of Education Child Care Subsidy Program to the FY 2026-27 Parks and Recreation Operating Budget re expand access to preschool services 8. Ordinance to ACCEPT and APPROPRIATE $12,650.50 from each of the following Region V Community Service Boards: Hampton-Newport News, Western Tidewater, Norfolk, Chesapeake, Portsmouth, Colonial Behavioral Health and Middle Peninsula Northern Neck Behavioral Health to the FY 2025-26 Human Services Operating Budget re provide cost share support for the Regional Marcus Alert liaison position 9. Ordinance to TRANSFER up to $1,213,358 in General Fund Vacancy Savings to the FY 2025-26 Sheriff's Office Operating Budget re increased food and medical costs L. PLANNING 1. LIGHTHOUSE DEVELOPMENT, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re resubdivide six (6) existing parcels to create five (5) single-family lots at 125, 129, 133 & 137 Ash Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 2. DELIGHT 7B VA, LLC/ R. DAWSON TAYLOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) existing parcels to create a buildable lot for a 7 Brew coffee shop at 1605 Laskin Road & parcel South of 1605 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. RICHARD P. & HELENE D. SCHROEDER for a Street Closure re one-half portion of an unnamed, unimproved fifteen (15)-foot wide alley adjacent to the rear of 621 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 4. CAVALIER ADVISORS, LLC for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4504 Myrtle Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 5. JOSEPH L. & KRISTI A. SULLIVAN for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4502 Myrtle Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 6. STEVE BARNES/STEVE R. & CYNTHIA W. BARNES for a Modification of Conditions to a Conditional Use Permit re food truck and picnic tables at 1100 Sandbridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 7. COMMONWEALTH BREWING COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re allow for an additional 180-day extension to obtain all permits and commence construction at 2440 & 2444 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 8. MONTESSORI SCHOOL HOUSE, LLC/ HONGQUAN SHENG & CHUNFANG LI for a Conditional Use Permit re family day-care home at 249 Brickhaven Drive DISTRICT 1 RECOMMENDATION: APPROVAL 9. COLIN NANNERY/ LOWER 40 LLC fora Conditional Use Permit re bicycle and moped rental establishments at 3713 Sandpiper Road DISTRICT 2 RECOMMENDATION: APPROVAL 10. REGAN KNUTSON for a Conditional Use Permit for a home-based wildlife rehabilitation facility at 3421 Alcott Road DISTRICT 8 RECOMMENDATION: APPROVAL 11. PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re deviate from the build-to-zone requirement of the Central Business Core (CBC) District Form- Based for development of a 284-unit mixed-use building within the interior portion of the Pembroke Mall redevelopment area at 4554 Virginia Beach Boulevard DISTRICT 9 RECOMMENDATION: APPROVAL 12. JASON SCOTT TROMBLY for a Conditional Use Permit re short term rental at 213 161h Street DISTRICT 5 RECOMMENDATION: APPROVAL 13. MID-ATLANTIC PROPERTY HOLDINGS, LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 101 DISTRICT 6 RECOMMENDATION: APPROVAL 14. THOMAS GLEN DAVIS AND NANCY RODIO DAVIS/THOMAS GLEN DAVIS for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 205 DISTRICT 6 RECOMMENDATION: APPROVAL 15. Ordinance to AMEND City Zoning Ordinance (CZO) Section 1001 re crematories in the Industrial District RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ARTS AND HUMANITIES COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORICAL REVIEW BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • TIDEWATER COMMUNITY COLLEGE BOARD • TIDEWATER YOUTH SERVICES COMMISSION • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH TOWING ADVISORY BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. 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 May 19, 2026. I. CITY MANAGER'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. 19" AND PARKS AVENUE UPDATE 3:00 P.M. Emily Archer, Acting Director— Economic Development II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. III. CITY COUNCIL AGENDA REVIEW 3:45 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION 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. FORMAL SESSION —April 28, 2026 2. INFORMAL and FORMAL SESSIONS — May 5, 2026 3. SPECIAL FORMAL SESSION — May 12, 2026 (Conference Room 2034) 4. SPECIAL FORMAL SESSION — May 12, 2026 (Budget Adoption) H. MAYOR'S PRESENTATIONS 1. PROCLAMATION -ASIAN AMERICAN, NATIVE HAWAIIAN, PACIFIC ISLANDER MENTAL HEALTH DAY Melody Agbisit, PhD, LPC (Licensed Professional Counselor), Founder, Therapist and Speaker— Kultura Wellness and Consulting/Consulting and Advocate— National Asian American and Pacific Islander Mental Health Association Jane Bruno-Kozoriz, Resident in Marriage and Family Therapy— Kultura Wellness and Consulting Jennifer Reyes, RN, PMH-BC, Certified Psych Nurse— Kultura Wellness and Consulting 2. RESOLUTION IN RECOGNITION Carolyn Garrett n 0 r OF OUR NAS' Proclamation %*ere= the Asian American, Native "Cawaiian, and(Pacific Islander community is among the fastest growing andmost diverse raciaCgroups in the VnitedStates.Asian Americans,Native?fawaiians, and Pacific Islanders have made remarka6Ce economic,poCrticaC and social contri6utions, and have grown 6y 44.99%in Virginia since 2010(537,621 to 779,508�and 'Whereas approximately 25%of Americans experience andare du:gnosedwith a mentaChealth condition in a given year, impacting alCcommunities regardless of race, ethnicity,age,socioeconomic status,sexual orientation,gender identity,andgender among otherfactors;and 'Gt*ere,= in this country there is a critical need to raise awareness a6out mental health,particularly within the Asian American,Native glawaiutn,and(Pacific Islander communities, to destigmati e seeking help, and to gain access to culturally and finguisticaly competent community services,;and U*enaas: Asian Americans;Native7fawaians,and4'acifc Islanders use mentalhealth services at the lowest rates among ethnic popufations. this may 6e due to the substantialstigma that exists among Asian Americans,Native Mawaiians, andBacific Islanders, as welCas culturaf and IvWuistic needs of the community,family,andindttndual and Whereas: there is a critical need to raise awareness a6out and advocate for hearth care policies that increase the accessi6ifity of mental health care services,and 'Whereas raising awareness about the mental health of Asian American, Native Mawaiian, and(Pacific Islander communities, past and present, encourages professional interest in health and human services careers andfosters a diversifredworkforce that reflects the community. Now,qhnefvre I,�Rg6ert 9K. Bo66y'(Dyer,Wayor of the City of Virginia Beach,4hirginia do hereby procraim: Way 10, 2026, as the AsianAmeri 4 - ative Yfawaiiary and Pacific IslanderWenta Yfealth Day In Virginia Beach,I callupon aflciti,en s of the City of Virginia Beach to join in o6servance. In ass 'Whereof, I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach, Virginia,to 6e afftxedthisNneteenth Day of fay,Two 2housandarzdTwenty Siz i Ro6ert94. `Bo66y",Dyer j r Mayor �u-sue cy o`` } V s F a OVA Not RESOLUTION WHEREAS.Carolyn Garrett has devoted her life to education,civic engagement,the arts,and community service, making a lasting and meaningful impact on the City of Virginia Beach and beyond;and WHEREAS: Carolyn attended East Carolina University, Old Dominion University, and George Washington University, graduating twice from Old Dominion University, reflecting her lifelong commitment to learning and educational excellence;and WHEREAS.Carolyn served as an educator for 42 years, including as a retired principal with Virginia Beach City Public Schools,a former teacher and assistantprincipal,and an adjunctprofessor with Cambridge College,helping shape and inspire generations of students and future leaders;and WHEREAS: Carolyn's commitment to educational excellence has been recognized through numerous honors, including the State Reading Principal of the Year Award sponsored by the State Reading Association, the PTA President's Award,the VAESP State Bell Award for Commitment to Excellence in Education,and recognition as the Hampton Roads Outstanding Professional Woman of the Year in 1997;and WHEREAS. Carolyn developed the CAPS Character Program, which became the model for the first character education program in Virginia Beach, demonstrating her vision and dedication to building strong values and character in young people;and WHEREAS:Carolyn has been a dedicated advocate for community involvement and cultural engagement,serving for 24 years on the Sister Cities Board and holding every qfflce on that board, while also helping Arrowhead Elementary School become the representative school for Virginia Beach's Sister City relationship with Bangor, Northern Ireland,•and WHEREAS.Carolyn further strengthened the cultural fabric of Virginia Beach through 12 years of service on the Virginia Beach Arts and Humanities Commission, holding every office on that commission and championing the importance of arts and culture in community life;and WHEREAS:Carolyn has also enriched the community through her lifelong love of music and the arts,serving as a soloist for more than SO years for weddings,funerals, churches, and community gatherings, and participating in drama productions for 15 years at Kempsville Christian Church;and WHEREAS.Carolyn has built a life centered around faith,family,and service, having married Marvin Garrett 63 years ago following his graduation from Virginia Commonwealth University, and together raising a successful daughter, welcoming a wonderful son-in-law into the family, and enjoying the blessing of three outstanding grandchildren;and WHEREAS:Born and raised in Roanoke Rapids,North Carolina, Carolyn was instilled with strong values and a remarkable work ethic that have guided her decades of service and leadership in Virginia Beach;and NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to honor Carolyn Garrett for her extraordinary contributions to education, arts and culture, civic engagement, and the betterment of the City of Virginia Beach, and extend its sincere gratitude and appreciation for her decades of dedicated service to the community. Given by the Council of the City of Virginia Beach, Virginia,this 19`h day of May 2026 andpresented this Resolution duly signed by each Member of the Virginia Beach City Council. P- NG� Co Mem er Mic ae F. erlucchi Council M ber tact'Cummings Council Member Barbara M.Hen 1JOCILI&VtNA4. Council Member David Hutcheson Council Member CO-Cash' ckson-Green Council Member Robert W. "Worth"Remick .�_ � Council Member Dr.Amelia Ross-Hammond ?cilMember Jennifer V.Rouse Council Member Joash�Schulman �a— Vice Mayor Rosen ry Wilson ayor Robert M "Bobby"Dyer I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY 215 square feet at 2425 Nimmo Parkway-Judicial Center PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 19,2026,at 6,00 p.m.In the Council Chambers,City Hall-Bldg.1,Municipal Center,2401 Courthouse Drive,Virginia Beach,Virginia 23456.The purpose of this hearing will be to obtain public comment on the proposed lease of the following City-owned property to the Virginia Beach Bar Association: 215 sq.ff.of office space located in the Judicial Center at 2425 Nimmo f"Rwy (Portion of GPIN: 1494.72- 0969 If you are physically disab:ed or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303;Hearing Impaired call 711. Any questions concerning this matter should be directed to the Department of Publlo \Yorks/Real Estate, 2473 N. Landing Road, Bldg. 23, Municipal Center at (757) 385-4161, pwre a I esta t eGV b¢ov.44m. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on May 19, 2026. 2. Download 1YebEx and view the meeting at: hlttat;llYbgQY.webex_comlwebtink /resister/rBdd045e884c2dcct194 Sa12eaDcdc8010 All Interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-MAY 10,2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with the Virginia Beach Bar Association for Use of Approximately 215 Square Feet of Space Located at 2425 Nimmo Parkway, Building 10, known as the Judicial Center PUBLIC HEARING: May 19, 2026 MEETING DATE: June 2, 2026 ■ Background: The Virginia Beach Bar Association (the "VBBA") has been leasing approx. 215 sq. ft. of office space at the Judicial Center, located at 2425 Nimmo Parkway, Bldg. 10 (the "Premises") since 2002. The VBBA wishes to continue leasing the Premises from the City for general office activities and for no other purpose. ■ Considerations: The initial term of the Lease is one (1) year, with four (4) additional one-year renewal options, exercisable by mutual agreement of both parties. The City has the right to terminate the Lease with sixty (60) days' notice, and the lease is subject to continuation of judicial approval pursuant to Va. Code §15.2-1640. More specific terms are set forth in the Summary of Terms attached to the Ordinance. ■ Public Information: A public hearing will be advertised on May 10, 2026 in The Virginian-Pilot, and will be held on May 19, 2026. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager:(1-11 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH THE VIRGINIA BEACH BAR 4 ASSOCIATION FOR USE OF APPROXIMATELY 5 215 SQUARE FEET OF SPACE LOCATED AT 6 2425 NIMMO PARKWAY, BUILDING 10, KNOWN 7 AS THE JUDICIAL CENTER 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the building 10 located at 2425 Nimmo Parkway, Building 10, in Virginia Beach, Virginia (the "Judicial 11 Center"); 12 13 WHEREAS, the Virginia Beach Bar Association ("VBBA") has been leasing 14 approx. 215 square feet of office space at the Judicial Center (the "Premises") since 15 2002; 16 17 WHEREAS, the VBBA wishes to continue leasing the Premises and enter into a 18 new lease with the City; 19 20 WHEREAS, the Premises will be utilized for general office activities and for no 21 other purpose; and 22 23 WHEREAS, VBBA has agreed to pay the City rent in the amount of$3,973.28 for 24 the initial year, with a three percent (3%) annual escalation. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between VBBA and the City for the Premises, in accordance with the Summary of 31 Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a form 33 deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 20 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Public Works / Real Estate City Attorney CA17032 \\Vbgov.com\dfsl\Applications\CityLaw\Cycom32\WPDOCS\D030\P050\01128268.doc R-1 May 7, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 215 SQUARE FEET OF SPACE LOCATED AT 2425 NIMMO PARKWAY, BUILDING 10 KNOWN AS THE JUDICIAL CENTER LESSOR: City of Virginia Beach LESSEE: Virginia Beach Bar Association PREMISES: 215 square feet of space located on the ground floor of 2425 Nimmo Parkway, Building 10, known as the Judicial Center TERM: One year (7/1/26 —6/30/27) with four one-year renewal options RENT: $3,973.28 for the initial term (7/1/26 — 6/30/27) with a 3% annual escalation RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for general office activities and for no other purpose. • Keep all equipment and improvements placed upon premises in a safe, clean and orderly condition. • Purchase and maintain insurance acceptable to City's Risk Manager. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises, without written prior notice, after it has been determined that an emergency exists. • Lease is subject to continuation of judicial approval as required under Va. Code §15.2-1640. • All funds received by the City shall be used to maintain the Judicial Center building as required under Va. Code § 15.2-1640 TERMINATION: • City may terminate by giving sixty (60) days' advance written notice, or pursuant to rescission of judicial approval as required by Va. Code §15.2- 1640. EXHIBIT A Judicial Center 2425 Nimmo ParkwaN VB BAR Bldg. 10 ASSOCIATION Ground Floor f - E---- - b Ld IhT � V! Nimmo Parkway I CITY V6 VI Statement RGINIAO Disclosure 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: as listed on application Virginia Beach Bar Association Is Applicant also the Owner of the subject property? Yeso No(F) If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese No0 If yes, name Representative: Jamison Rasberry, Esq. Vice-President Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Tom Sheppard - President, Jamison Rasberry - Vice President, Christianna Cunningham - Secretary, Kristy Murphy - Treasurer, Jerry Harris - Director II, and Elizabeth Ufkiss - Director I 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, Q Q cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual) Accounting/Tax Return Preparation 0 q) Architect/Designer/Landscape 0 Q Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent 0 Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public bo or c mmittee in connection with this application. Jamison Rasberry April 7, 2026 Applicant Name (Print) A licant Signat tV Date 1 "Parent-subsidiary relationship"means "a relation p that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the Mayor to EXECUTE an Eighth Amended Charter Agreement of the Hampton Roads Workforce Council re add two (2) Eastern Shore Counties (Accomack and Northampton) and remove Gloucester County from membership 2. Resolution to APPROVE the assignment of the Tourism Development Finance Program (TDFP) Performance Agreement between the City, the Virginia Beach Development Authority (VBDA) and the Cavalier Hotel Developer in connection with the proposed sale of the properties 3. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Wesley re relocate, reconstruct and maintain the previously approved boatlift and construct and maintain a new skiff/jet ski lift, and maintain existing wood pier at the rear of 508 Southside Road DISTRICT 5 4. Ordinance to AUTHORIZE a temporary encroachment into the City-owned property known as Lake Joyce re maintain an existing timber bulkhead, and construct and maintain a timber pier and rip rap revetment at the rear of 4220 Ben Gunn Road re DISTRICT 9 5. Ordinance to AUTHORIZE the acquisition of 7.04+/- acres of a portion of property at 4188 Yorktown Boulevard in Midway Manor from the United States of America, Department of Navy; ESTABLISH Capital Project#100754 "Midway Manor"; and TRANSFER$3-Million from Capital Project#100641 "Open Space Acquisition IV" to Capital Project#100754 6. Ordinance to AMEND the FY 2025-26 Department of Housing and Neighborhood Preservation Budget; ACCEPT and APPROPRIATE $1-Million from the Federal Department of Housing and Urban Development (HUD) and APPROPRIATE $60,000 from the Federal Section 8 fund balance to the FY 2025-26 Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program and operations 7. Ordinance to ACCEPT and APPROPRIATE $47,520 from the Virginia Department of Education Child Care Subsidy Program to the FY 2026-27 Parks and Recreation Operating Budget re expand access to preschool services 8. Ordinance to ACCEPT and APPROPRIATE $12,650.50 from each of the following Region V Community Service Boards: Hampton-Newport News, Western Tidewater, Norfolk, Chesapeake, Portsmouth, Colonial Behavioral Health and Middle Peninsula Northern Neck Behavioral Health to the FY 2025-26 Human Services Operating Budget re provide cost share support for the Regional Marcus Alert liaison position 9. Ordinance to TRANSFER up to $1,213,358 in General Fund Vacancy Savings to the FY 2025-26 Sheriff's Office Operating Budget re increased food and medical costs asy u s b CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Mayor to Execute an Eighth Amended Charter Agreement of the Hampton Roads Workforce Council MEETING DATE: May 19, 2026 ■ Background: The Southeastern Tidewater Area Manpower Authority was established by joint action of Virginia Beach, Suffolk, Southampton County, Portsmouth, Norfolk, Isle of Wight County, Franklin, and Chesapeake in 1974. This entity is responsible for overseeing federally funded workforce development programs. Various iterations and charter agreements since its establishment have corresponded to changes in federal legislation. The original charter agreement was in response to the Comprehensive Employment and Training Act of 1973. The 1983 amendment was in response to the Job Training Partnership Act of 1982. The 2000 amendment was in response to the Workforce Investment Act. The 2001 amendment rebranded the entity as "Opportunity, Inc." and included a working Memorandum of Understanding ("MOU"). The Workforce Innovation and Opportunity Act of 2014 ("WIOX) was the impetus for 2015 amendment, which brought Opportunity Inc. of Hampton Roads into conformance with the WIOA. The 2019 amendment rebranded from Opportunity, Inc. to the Hampton Roads Workforce Council. The 2021 amendment added seven Peninsula localities that were formerly part of the Greater Peninsula Workforce Board. The proposed Eighth Amended Charter would add two Eastern Shore counties — Accomack and Northampton — and remove Gloucester County from the membership. ■ Considerations: The organization's charter agreement needs to be amended again to accommodate this change. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution, Exhibit A: "Eighth Amended Charter Agreement of the Hampton Roads Workforce Council," and letter requesting amendment. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: /t2 1 A RESOLUTION AUTHORIZING THE MAYOR TO 2 EXECUTE AN EIGHTH AMENDED CHARTER 3 AGREEMENT OF THE HAMPTON ROADS 4 WORKFORCE COUNCIL 5 6 WHEREAS, by Charter Agreement dated July 1, 1974 ("Charter Agreement"), the 7 Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the 8 Counties of Isle of Wight and Southampton joined together to create the Southeastern 9 Tidewater Area Manpower Authority, for the purpose of administering the Comprehensive 10 Employment and Training Act of 1973; 11 12 WHEREAS, the Charter Agreement has been amended on seven previous 13 occasions to address membership and the role of the Hampton Roads Workforce Council; 14 15 WHEREAS, the proposed eighth amendment adds two Eastern Shore counties — 16 Accomack and Northampton — and removes Gloucester County from the membership; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Mayor is hereby authorized to execute, on behalf of the City of Virginia 22 Beach, the "Eighth Amended Charter Agreement of the Hampton Roads Workforce 23 Council," a copy of which is attached hereto as Exhibit A and incorporated by reference. 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: City'Manager's Offi e i orney's Office CA17228 R-1 May 5, 2026 Exhibit A. EIGHTSEVENTH AMENDED CHARTER AGREEMENT OF THE HAMPTON ROADS WORKFORCE COUNCIL THIS EIGHTSEVENTH AMENDED CHARTER AGREEMENT ("Agreement") is made this first day of July, 20246, by and between the Cities of Chesapeake, Hampton, Franklin, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg, and the Counties of AccomackGleUse6ter, James City, Isle of Wight, Northampton, Southampton, and York, pursuant to the authority granted by Section 15.2- 1300 of the Code of Virginia, 1950, as amended. Whereas, effective July 1, 1974, the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton joined together to create the Southeastern Tidewater Area Manpower Authority, now known as the Hampton Roads Workforce Council, as a joint venture; and Whereas, effective October 1, 1983, January 1, 1985, January 1, 2000, July 1, 2001, July 1, 2015,a44d-January 1 2019, and July 1, 2021, the participating jurisdictions amended the Charter of the Hampton Roads Workforce Council in certain respects; and Whereas, the participating jurisdictions desire to amend the Charter of the Hampton Roads Workforce Council an eight ceve A time consistent with applicable provisions of the Workforce Innovation and Opportunity Act of 2014 ("WIOA"), as may be amended from time to time, and to reaffirm the Charter in all other respects. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1. The consortium chartered the 1st day of July, 1974, by the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, and Suffolk and the Counties of Isle of Wight and Southampton the Hampton Roads Workforce Council shall, effective, July 1, 2024-6, incorporate the , Counties of Accomack and NorthamptonGTIEWGester, Pamesr-Gity aT d—Ye* into the consortium known as the Hampton Roads Workforce Council. In addition, the County of Gloucester will be removed from the consortium. 2. The Hampton Roads Workforce Council shall exist indefinitely, subject to dissolution by agreement of the governing bodies of the participating jurisdictions. 3. The Hampton Roads Workforce Council shall have for its purpose the provision of workforce development services in accordance with the provisions of the WIOA i as may be amended from time to time, or any future legislation of similar import and applicability, and shall serve as the grant subrecipient. 4. The Hampton Roads Workforce Council shall be governed by a Workforce Development Board duly appointed in accordance with the WIOA, as may be amended from time to time, and by the collective direction of the Chief Local Elected Officials ("CLEO") of each participating jurisdiction. 5. The Hampton Roads Workforce Council is hereby authorized and empowered: (a) To adopt policies and procedures for the regulation of its affairs and the conduct of its business; (b) To maintain an office at such place or places as it may designate; (c) To sue and be sued; (d) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, the Federal government or any other governmental body or political subdivision, and from any individual, corporation, partnership, association or other entity; (e) To enter into contracts with the Federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any individual, corporation, workforce investment board, partnership, association or other entity providing for or relating to the furnishing of workforce development or related services; (f) To employ such staff and to retain such legal or professional representation as may be deemed necessary, and to prescribe their powers and duties and fix their compensation, within the approved budget; (g) To make and enter into all contracts and agreements necessary or incidental to or desirable for the performance of its duties and the i execution of its powers hereunder; provided, however, that contracts or agreements for the borrowing of money shall be subject to obtaining the express written consent of each participating jurisdiction; (h) To do all acts and things necessary or convenient to carry out its purposes, consistent with the provisions of WIOA, as may be amended from time to time, or any future legislation of similar import and applicability. 6. The Hampton Roads Workforce Council shall be funded by governmental grants and private contributions as set forth in section 4(d) above and shall conduct a financial and compliance audit annually in accord with all applicable rules and regulations. 7. The fiduciary liability for funds shall be vested in the participating jurisdictions on a percentage basis determined by comparing the amount of actual utilization of workforce development services by a participating jurisdiction to the total utilization of such services by all participating jurisdictions during the fiscal year pertaining to any such liability. The percentage shall be determined by using, as the numerator, the number of participants served during such fiscal year from a particular participating jurisdiction, and, as the denominator, the total participants served during such fiscal year from all participating jurisdictions. 8. Any participating jurisdiction may withdraw from this Agreement as of the last day of June in any year, provided it gives written notice thereof to all of the other CLEOs prior to the first day of March preceding the date of withdrawal. 9. All real and personal property to be used for the purposes set forth above shall be acquired and held in the name of the Hampton Roads Workforce Council. Upon the dissolution of the Hampton Roads Workforce Council, all of its assets and property, both real and personal, tangible and intangible, shall be disposed of by the participating CLEOs in accordance with applicable law, as well as those rules and regulations as may have been properly promulgated by such Officials. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. i Signatures Appear on the Following Pages. i ATTEST: ACCOMACK COUNTY County Clerk Chair Date ATTEST: CITY OF CHESAPEAKE City Clerk Mayor Date ATTEST: CITY OF FRANKLIN City Clerk Mayor Date ATTEST: CITY OF HAMPTON City Clerk Mayor Date ATTEST: ISLE OF WIGHT COUNTY County Clerk Chair Date ATTEST: JAMES CITY COUNTY County Clerk Chair Date ATTEST: CITY OF NEWPORT NEWS City Clerk Mayor Date ATTEST: CITY OF NORFOLK City Clerk Mayor Date i ATTEST: NORTHAMPTON COUNTY County Clerk Chair Date ATTEST: CITY OF POQUOSON City Clerk Mayor Date ATTEST: CITY OF PORTSMOUTH City Clerk Mayor Date ATTEST: SOUTHAMPTON COUNTY County Clerk Chair Date ATTEST: CITY OF SUFFOLK City Clerk City Manager Date ATTEST: CITY OF VIRGINIA BEACH City Clerk Mayor Date ATTEST: CITY OF WILLIAMSBURG City Clerk Mayor Date ATTEST: YORK COUNTY County Clerk Chair Date HAMPTON ROADS WORKFORCE COUNCIL ONE REGION. ONE WORKFORCE. ONE ECONOMY. May 4, 2026 Mr. Patrick Duhaney, City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Charter Agreement of the Hampton Roads Workforce Council This correspondence is being submitted on behalf of the Board of Directors of the Hampton Roads Workforce Council to request that your locality execute and sign the Eighth Amended Charter Agreement of the Hampton Roads Workforce Council. This request is one of the final steps in the realignment of the Eastern Shore counties of Accomack and Northampton into the Hampton Roads Workforce Council service region,which currently consists of cities of Chesapeake,Franklin, Hampton,Newport News,Norfolk, Poquoson,Portsmouth, Suffolk, Williamsburg and Virginia Beach and the counties of Gloucester, Isle of Wight,James City, Southampton and York. In addition, Gloucester County will no longer be part of the Hampton Roads Workforce Council and instead serviced by the Bay Consortium Workforce Board. As with the last update in 2019,we are requesting that the Virginia Beach City Attorney's Office review the document and if they are acceptable,that it be executed by the City of Virginia Beach first. Once signed by City of Virginia Beach officials, I will send to the other jurisdictions requesting that it be likewise executed, signed and returned directly to me. Attached is the draft transmittal letter to the participating jurisdictions that we will send out once executed by Virginia Beach. Past versions of the Charter can be found at https://www.theworkforcecouncil.org/charter-agreements/ As always, I am more than happy to make a presentation to your Council or Board if you believe it would help the process. Questions regarding the Charter Agreement, or the process for amending it may be directed to my office at the address indicated above or at 757-314-2370. THE HAMPTON ROADS WORKFORCE COUNCIL 999 WATERSIDE DRIVE, SUITE 1314, NORFOLK, VIRGINIA 23510 P: 757.314.2370 11820 FOUNTAIN WAY, SUITE 301, NEWPORT NEWS, VIRGINIA 23606 P:757.826.3327 www.TheWorkforceCouncil.org Mr.Patrick Duhaney,May 4,2026,page 2 Thank you for your timely attention to this matter. We look forward to representing the region and providing valuable workforce development services to tens of thousands of local area Hampton Roads residents and businesses. Sincerely, Shawn Avery President & CEO CC. The Hon. Robert Dyer, Mayor, City of Virginia Beach Dr. Johnny Garcia,Board Chair,Hampton Roads Workforce Council Guenter Weissenseel,Board Vice Chair, Hampton Roads Workforce Council THE HAMPTON ROADS WORKFORCE COUNCIL 999 WATERSIDE DRIVE, SUITE 1314, NORFOLK, VIRGINIA 23510 P: 757.314.2370 11820 FOUNTAIN WAY, SUITE 301, NEWPORT NEWS, VIRGINIA 23606 P:757.826.3327 www.TheWorkforceCouncil.org V Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the Assignment of the TDFP Performance Agreement Between the City of Virginia Beach, the City of Virginia Beach Development Authority and the Cavalier Hotel Developer MEETING DATE: May 19, 2026 ■ Background: In its 2011 Session, the General Assembly provided a new initiative that allows a qualifying tourism project to receive specified portions of state and local tax monies to provide "gap financing," as such term is defined in § 58.1- 3851.1 of the Code of Virginia (the "Statute"). The City Council of the City of Virginia Beach (the "City Council") adopted a tourism zone, a tourism plan, and endorsed the Cavalier Project (the "Project"), by ordinance, as required by the Statute; The Statute authorizes a local development authority (the "Authority") to enter into a performance agreement with the Developer wherein the Authority collects the state portion, the local portion, and the developer's access fee and disburses these funds to pay the "gap financing". In 2014, the City Council and the Authority each approved the execution of a Performance Agreement associated with the Project related to the redevelopment of the Historic Cavalier Hotel and the development of the Oceanfront Marriott (the "2014 Performance Agreement"). In 2017, the City Council and the Authority each approved a modification to the 2014 Performance Agreement to include the development of an Embassy Suites adjacent to the Oceanfront Marriott (the "2017 Performance Agreement", and collectively with the 2014 Performance Agreement, the "Performance Agreement"). The developer parties to the Performance Agreement are Cavalier Associates, LLC, Oceanfront Investments, LLC, Atlantic Coast Development, LLC, and Oceanfront South, LLC (collectively, the "Developer Parties"). The Developer Parties have approached the City and the Authority and requested approval to assign the Developer Parties' interest in the Performance Agreement to affiliates of Wheelock Street Capital LLC ("Buyer") as a part of a sale of the Historic Cavalier, the Oceanfront Marriot, the Embassy Suites and assorted amenities including the Oceanfront Beach Club. A condition of the sale is the assignment of the Developer Parties' interest in the Performance Agreement to the Buyer. ■ Considerations: The debt supported by sums paid under the Performance Agreement is not debt of the City, the Authority or the Commonwealth. The requested consent to assignment would not increase the financial commitment of the City, the Authority or the Commonwealth nor will any other terms of the Performance Agreement be amended. On May 12, 2026, the Authority approved the Developer Parties' request to assign the Performance Agreement, subject to approval by City Council. City staff is of the opinion that approval of the assignment would promote the continued operation of those amenities in Virginia Beach to the benefit of the tourism industry and the overall economy of Virginia Beach and the Commonwealth of Virginia. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Recommendations: Approval ■ Attachments: Resolution, Disclosure Statements Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: /,#V I RESOLUTION APPROVING THE ASSIGNMENT OF 2 TDFP PERFORMANCE AGREEMENT BETWEEN 3 THE CITY OF VIRGINIA BEACH, THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY, 5 AND CAVALIER HOTEL DEVELOPER 6 7 WHEREAS, in its 2011 Session, the General Assembly provided a new initiative 8 that allows a qualifying tourism project to receive specified portions of state and local tax 9 monies to provide "gap financing," as such term is defined in § 58.1-3851.1 of the Code 10 of Virginia (the "Statute"); 11 12 WHEREAS, the City Council of the City of Virginia Beach (the "City Council") has 13 adopted a tourism zone, a tourism plan, and endorsed the Cavalier Project (the "Project"), 14 by ordinance, as required by the Statute; 15 16 WHEREAS, the Statute authorizes a local development authority (the "Authority") 17 to enter into a performance agreement with the Developer wherein the Authority collects 18 the state portion, the local portion, and the access fee and disburses these funds to pay 19 the "gap financing"; 20 21 WHEREAS, the entry into the Performance Agreement does not make the debt 22 associated with the Project the debt of the Authority, City or Commonwealth; 23 24 WHEREAS, in 2014, the City Council and the Authority each approved the 25 execution of a Performance Agreement associated with the Project related to the 26 redevelopment of the Historic Cavalier Hotel and the development of the Oceanfront 27 Marriott (the "2014 Performance Agreement"); 28 29 WHEREAS, in 2017, the City Council and the Authority each approved a 30 modification to the 2014 Performance Agreement to include the development of an 31 Embassy Suites adjacent to the Oceanfront Marriott (the"2017 Performance Agreement", 32 and collectively with the 2014 Performance Agreement, the "Performance Agreement"); 33 34 WHEREAS, the developer parties to the Performance Agreement are Cavalier 35 Associates, LLC, Oceanfront Investments, LLC, Atlantic Coast Development, LLC, and 36 Oceanfront South, LLC (collectively, the "Developer Parties"); 37 38 WHEREAS, the Developer Parties have approached the City and the Authority and 39 requested approval to assign the Developer Parties' interest in the Performance 40 Agreement to affiliates of Wheelock Street Capital LLC as a part of a sale of the Historic 41 Cavalier, the Oceanfront Marriot, the Embassy Suites and assorted amenities including 42 the Oceanfront Beach Club; 43 44 WHEREAS, on May 12, 2026, the Authority approved the requested assignment, 45 subject to a subsequent approval by City Council and endorsement by the 46 Commonwealth; 47 WHEREAS, the requested consent to assignment would not increase the financial 48 commitment of the Commonwealth, the City or the Authority nor are any other terms of 49 the Performance Agreement to be amended; and 50 51 WHEREAS, the City Council is of the opinion that the sale of the Cavalier complex 52 would promote the continued operation of those amenities in Virginia Beach to the benefit 53 of the tourism industry and the overall economy of Virginia Beach and the Commonwealth 54 of Virginia. 55 56 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 57 OF VIRGINIA BEACH: 58 59 1. That the City of Virginia Beach hereby consents to the assignment of the 60 Developer Parties' interest in the Performance Agreement to Wheelock Street Capital 61 LLC, or affiliates thereof, so long as such assignment is endorsed by the Commonwealth 62 of Virginia as required by the Statute. 63 64 2. That the City Manager or Designee is authorized to execute and deliver 65 such documents as necessary to evidence consent to the assignment, so long as such 66 documents contain such terms, conditions and modifications as may be acceptable to the 67 City Manager and in a form deemed satisfactory by the City Attorney, 68 69 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 70 of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ice , Ec no is Development City Attorney CAI 7157 11 b�cttom'dfs 1 k3pplicatienki iy1&%%itycom 32l%%N x 5`d?JTp03M 113OMS.dNX R-1 May 0, 2026 CITY 0� Disclosure VIRGINIA V-B, . BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCL• APPLICANT INFORMATION Applicant Name: as listed on application Wheelock Street Acquisitions LLC Is Applicant also the Owner of the subject property? Yes© Nola• If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(j) No® If yes, name Representative: Goodwin Procter LLP Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity-relationship with the applicant. (Attach list if necessary.) Elch:edule 1 Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Applicant(Wheelock Street Acquisitions LLC)is the pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes, name the official or employee, and describe the nature of their interest. F_ APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, O O Morgan Stanley Bank, N.A. cross-collateralization, etc.) Real Estate Broker/Agent/Realtor q) © CBRE(engaged by Gold Key affiliates as sellers) Disclosure Statement I rev. May-2024 page 1 of 3 SECTIONAPPLICANT • - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation BDO(tax returns);CBIZ(financial due diligence) Architect/Designer/Landscape Architect/Land Planner 0 IF Construction Contractor ® O Engineer/Surveyor/Agent 0 AEI Consultants(ALTA land surveys),Bureau Verilas(property condition assement) Legal Services © Goodwin Procter LLP; Greenstein DeLorme 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. Timothy Hodes, Authorized Signatory �� 4 05/09/2026 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101. 2'Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application 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 Z relationship with the applicant. (Attach list if necessary.) F_ 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® 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, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor ® 0 Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent ® 0 Legal Services 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. May-2024 page 3 of 3 Schedule 1 to City of Virginia Beach Disclosure Statement Wheelock Street Acquisitions LLC Sole Member: Wheelock Street Capital LLC [See below for ownership and management of Wheelock Street Capital LLC.] Affiliated Entities: Assignees of Applicant: Each entity is a Delaware limited liability company that will acquire real property in Virginia Beach from Gold Key affiliates: • WS-VB Endeavor Owner LLC (will acquire Embassy Suites Hotel) • WS-VB Mariner Owner LLC (will acquire Oceanfront Marriott Hotel) • WS-VB Compass Owner LLC (will acquire Historic Cavalier Hotel) • WS-VB Beacon Owner LLC (will acquire Cavalier Beach Club) • WS-VB Latitude Owner LLC (will acquire laundry facility in Virginia Beach) Ownership and Control of Assignees: Each entity is a Delaware limited liability company or limited partnership, as indicated,with a direct or indirect interest in and/or direct or indirect control relationship with each Assignee: • WS-VB Resort Holdings LLC • WS-VB Resort LLC • WSREF VIII Holdings, LLC • Wheelock Street Real Estate Fund VIII,LP("WS Fund 8") • Wheelock Street Real Estate Fund VIII GP, LLC (general partner of WS Fund 8) • WSREF VIII Sponsor,LLC (limited partner of WS Fund 8) • [No limited partner in WS Fund 8 holds more than 50%.] • Wheelock Street Capital LLC (investment manager to WS Fund 8) • WSREF VIII Incentive Vehicle, LLC • Wheelock Street Investment Management VIII, LLC • Wheelock Street Group, LLC (100%member of Wheelock Street Capital LLC) ACTIVE/206918010.2 • Merrick R. Kleeman and Jonathan H. Paul collectively own all of the voting interests in Wheelock Street Group,LLC. Other: Wheelock Street Group, LLC directly or indirectly sponsors/manages other investment funds and entities not reflected here that are not expected to participate in the pending Virginia Beach acquisitions. ACTIVE/206918010.2 CITY OF Disclosure StatementBEACH 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. DISCLOSURE—SECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application Cavalier Associates, LLC Is Applicant also the Owner of the subject property? Yes() NoC) If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese No( If yes, name Representative: Kenneth Lee Westnedge, Jr., General Counsel Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Please see attached. Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No • If yes, 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, (F) ® TowneBank and Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 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 0 ® Forvis Mazars Architect/Designer/Landscape ® Cooper Carry-Architect WPL- Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services O ® Kenneth Lee Westnedge, Jr., General Counsel 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. Robert M. Howard, CIO Applicant Name (Print) Applicant Signature Date z "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 E SECTION PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Cavalier Associates, LLC Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yes®. Noo if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Please see attached Does the subject property have a proposed or pending purchaser? Yese No® If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes () Noe if yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q TowneBank and Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor F Accounting/Tax Return Preparation e ® Forvis Mazar Architect/Designer/Landscape O ® Cooper Carry-Architect WPL- Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services ® Kenneth Lee Westnedge, Jr., General Counsel PROPERTY OWNER CERTIFICATION READ: 1 certify that al/information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Robert M. Howard, CIO Property Owner Name (Print) —PfapeT'Cy�Owner Signature Date Disclosure Statement I rev. M a y-2024 � �page 3 of 3 SCHEDULE A CAVALIER ASSOCIATES,LLC OWNERSHIP INTEREST MEMBERS EQUITY70% DEBT GURANTEE30% TOTAL Non-Rea-OVatimfthts ReaOVotineRfehts John R.Lawson 14.2696 John R.Lawson 5.00% 19.26% 19.26% 9.90% DMR I,UC 14.26%Edmund C.Ruffin 5.00% 19.26% 19.26% 23.94% Bruce L Thompson 14.26% Bruce L.Thompson 5.00% 19.26% 19.26% 23.94% Cavalier FP,LLC 11.67%D.8 Frye,I r. 5.00% 16.67% 16.67% 16.67% COTH,LLC 10.37%George Metzger 5.00% 15.37% a37% 15.37% Cavalier Investors I,LLC 5.19%Frands J.Reidy,Jr. 5.00% 10.19% 10.19% 10-M Cavalier Investors II,LLC Cavalier Investors III,LLC TOTAL 70.00% 30.00% 100.00% 100.00% =00% + 'The interests of Cavalier Investors I,II,and III are represented cumulatively above Note: The parties initially contemplate that each Guarantor's guaranty will be limited to$5,000,000 per Guarantor for the initial construction loan. *Pursuant to Section 8.6,unless and until a Triggering Event occurs,(a)in no event may the Voting Interest held by John Lawson("Lawson") represent more than 9.9%of the total voting rights held by all Voting Members, as reflected in the "Reg-0 Voting Rights" column on this.Schedule A, as the same may be adjusted from time to time,and(b)any portion of the Membership Interest held by Lawson that otherwise would have been a Voting Interest but for Section 8.6 will be a Non-Voting Interest for all purposes of this Agreement. Upon the occurrence of any Triggering Event, any portion of the Membership Interest held by Lawson that, as of immediately prior to the Triggering Event, constituted a Non-Voting Interest solely by virtue of the immediately preceding sentence(or such lesser portion as may be designated in the mutual written agreement referenced in subsection (b)(iii) of the Agreement)will become a Voting Interest immediately and automatically,without any further action by the Company or any other Person. Upon a Triggering Event,the voting rights held by all Voting Members will be as reflected in the Non-Reg-0 Voting Rights column on this Schedule A. 43 Affilates Entity EINs 19th Street, LLC 54-1945625 31 Ocean Business Association, Inc. 47-2001111 34th Street Garage, LLC 45-2399281 Atlantic Coast Development, LLC 46-3854448 Battlefield Associates, LLC 32-0792637 BC Development, LLC 33-2022526 BLT Marine, LLC 87-1086269 BATS Associates, Inc. 54-1519606 Cavalier Associates, LLC 46-2903102 Cavalier Associates Development, Inc. 46-3223768 Cavalier Residential Builders, LLC 47-2615944 Cavalier Hotel Services, LLC 81-164722 Cavalier Oceanfront Residences, LLC 84-2373804 Central Laundry, LLC 20-2508149 Central Laundry Services, LLC 46-2906648 DareFund, LLC 46-2589371 Dam Neck Associates, LLC 85-1258318 DMR I, LLC 46-3355328 Gold Key/PHR, LLC 54-1945625 Gold Key/PHR Food Services, LLC 20-2031515 Gold Key/PHR Development, LLC 54-1945625 Gold Key/PHR Rewards, LLC n/a Quick GK/FJ, LLC 92-3532428 i Heritage Investments, LLC 54-1945625 Hi-Sea, LLC 27-1582243 Hi-Sea Office, LLC 27-4274821 Hi-Sea Condominium Association Inc. 46-1763749 Hospitality Investments Associates, LLC 46-5285280 Hospitality Investments Associates-Battlefield, LLC 33-1645239 Hospitality Investments Associates- Cavalier, LLC 46-4321242 Hospitality Investments Associates- Norfolk, LLC 46-4320723 Hospitality Investments Associates- Oceanfront 86-2674888 South, LLC Norfolk Hotel Associates, LLC 46-3873541 Norfolk Hotel Development, Inc. 46-5080078 i Ocean Beach Club, LLC 54-1506700 Oceanfront Condominium Association, Inc. 33-1628270 Oceanfront Investments, LLC 61-1725156 Oceanfront South, LLC 84-4000089 I Professional Hospitality Resources, Inc. 54-1359656 I I PHR, L.C. 54-1705634 j i I I I i i Red Wing Associates, LLC 85-1247820 ROTB, LC 54-1691818 Ruffin Development, LLC 92-3699008 Ruffin Family, L.C. 54-1706166 Ruffin Family Investments, LLC 83-1680919 Seashore Marine Ventures, LLC 27-2137671 Sunrise Beach Services, LLC n/a TFI, LLC 20-0984938 The Main Condominium Unit Owners'Association 82-1144413 i Thirty-First Street, L.C. 54-1917056 Thompson Family Investments, LLC 20-1799560 VBOZ Investments, LLC 84-2202255 i I OF VIRGINIA V Disclosure B BEACH Statement I 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 Oceanfront Investments, LLC 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 NoO If yes, name Representative: Kenneth Lee Westnedge, Jr., General Counsel is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes(F)No® If yes, list the names of al/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.) Please see attached. Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any ®proposed development contingent on the subject public action? Yes No • If yes, 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, n cross-collateralization, etc.) �J TowneBank Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT DISCL• -d SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Q ® Forvis Mazars Architect/Designer/Landscape ® Cooper Carry-Architect WPL-Landscape Architect/Land Planner �J Construction Contractor Engineer/Surveyor/Agent Legal Services O 0 Kenneth Lee Westnedge, Jr., General Counsel 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. Robert M. Howard, CIO .I�. Z{ Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act, Vo. Code§ 2.2-3101. FOR CITY USE ONLY: j c 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 Oceanfront Investments, LLC Is the Owner a corporation, partnership,firm, business, trust,or unincorporated business? YesQNo® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Please see attached Does the subject property have a proposed or pending purchaser? Yese Noo If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes () No If yes, 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, Q © TowneBank cross-col lateral ization, etc.) Real Estate Broker/Agent/Realtor ® 0 Accounting/Tax Return Preparation O Forvis Mazar Architect/Designer/Landscape O ® Cooper Carry-Architect WPL- Landscape Architect/Land Planner Construction Contractor ® o Engineer/Surveyor/Agent © 0 Legal Services 0 © Kenneth Lee Westnedge, Jr., General Counsel 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, l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee connection with this application. Robert M. Howard, CIO . (t.LG Property Owner Name (Print) roperty Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Affiliates-Oceanfront Investments, LLC Entity EINs Applicant Owner Owns >_ 20% WMJ Investments, LLC 56-2397585 Lawson Investments, LLC New Town Six, LLC 27-1256794 Lawson Investments, LLC Professional Hospitality Resources, Inc. 54-1359656 None Atlantic Coast Development, LLC 46-3854448 Lawson Investments, LLC Cavalier Hotel Services, LLC 81-1647222 None i SCHEDULE A Oceanfront Investments, LLC Membership Interests Members Debt Membership and Reg-0 Voting Initial Guarantors Voting Interests Interests- Guarantor Percentage s John R. John R. 20.54962% 20.00% Lawson Lawson 9.90000% DMR I, LLC Edmund C. 18.04777% 23.37258% 20.00% Ruffin Bruce L. Bruce L. 18.04777% 23.37258% 20.00% Thompson Thompson Cavalier FP, D. B. Frye, 17.95703% 1.7.95703% 20.00% LLC Jr. COTH, LLC George 16.66073% 16.66073% 20.00% Metzger Cavalier NIA 1.24446% - 0 - Investors I, 1.24446% LLC Cavalier NIA 1.24446% - 0 - Investors Il, 1.24446% LLC Cavalier NIA 1.24446% - 0 Investors III, 1.24446% LLC Hospitality Edmund C. 5.00370% - 0 - Investments Ruffin 5.00370% Associates - Bruce L. Cavalier, Thompson LLC 100.00% 100.00% 100.0o% i *Pursuant to Section 8.6,unless and until a Triggering Event occurs,(a)in no event may me v oung intere e y wson wson n o o e g held by all Voting Members,as reflected in the"Reg-0 Voting Rights"column on this Schedule A, as the same may be adjusted from time to time,and(b)any portion of the Membership Interest held 35 (94A Affilates Entity EINs 19th Street, LLC 54-1945625 31 Ocean Business Association, Inc. 47-2001111 34th Street Garage, LLC 45-2399281 Atlantic Coast Development, LLC 46-3854448 Battlefield Associates, LLC 32-0792637 BC Development, LLC 33-2022526 BLT Marine, LLC 87-1086269 BATS Associates, Inc. 54-1519606 Cavalier Associates, LLC 46-2903102 Cavalier Associates Development, Inc. 46-3223768 Cavalier Residential Builders, LLC 47-2615944 Cavalier Hotel Services, LLC 81-164722 Cavalier Oceanfront Residences, LLC 84-2373804 Central Laundry, LLC 20-2508149 Central Laundry Services, LLC 46-2906648 DareFund, LLC 46-2589371 Dam Neck Associates, LLC 85-1258318 DMR I, LLC 46-3355328 Gold Key/PHR, LLC 54-1945625 Gold Key/PHR Food Services, LLC 20-2031515 Gold Key/PHR Development, LLC 54-1945625 Gold Key/PHR Rewards, LLC n/a Quick GK/FJ, LLC 92-3532428 i i Heritage Investments, LLC 54-1945625 Hi-Sea, LLC 27-1582243 Hi-Sea Office, LLC 27-4274821 Hi-Sea Condominium Association Inc. 46-1763749 Hospitality Investments Associates, LLC 46-5285280 Hospitality Investments Associates-Battlefield, LLC 33-1645239 Hospitality Investments Associates- Cavalier, LLC 46-4321242 Hospitality Investments Associates- Norfolk, LLC 46-4320723 Hospitality Investments Associates- Oceanfront S 86 2674888 South, LLC Norfolk Hotel Associates, LLC 46-3873541 Norfolk Hotel Development, Inc. 46-5080078 I Ocean Beach Club, LLC 54-1506700 Oceanfront Condominium Association, Inc. 33-1628270 Oceanfront Investments, LLC 61-1725156 Oceanfront South, LLC 84-4000089 Professional Hospitality Resources, Inc. 54-1359656 PHR, L.C. 54-1705634 i I 4 i Red Wing Associates, LLC 85-1247820 ROTB, LC 54-1691818 I Ruffin Development, LLC 92-3699008 i Ruffin Family, L.C. 54-1706166 i Ruffin Family Investments, LLC 83-1680919 I Seashore Marine Ventures, LLC 27-2137671 f I Sunrise Beach Services, LLC n/a TFI, LLC 20-0984938 i The Main Condominium Unit Owners'Association 82-1144413 Thirty-First Street, L.C. 54-1917056 I Thompson Family Investments, LLC 20-1799560 I VBOZ Investments, LLC 84-2202255 I I I I i i I I I I I I I I I I f i i i V-BCITY OF VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Oceanfront South, LLC 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? Yese Noo if yes, name Representative: Kenneth Lee Westnedge, Jr., General Counsel Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes(F)No(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 Z relationship with the applicant. (Attach list if necessary.) Please see attached. Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® 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 O TowneBank and Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor o Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation © Forvis Mazars Architect/Designer/Landscape Q 0 Cooper Carry-Architect WPL-Landscape Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O 0 Legal Services 0 Q Kenneth Lee Westnedge, Jr., General Counsel 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. Robert M. Howard, CIO ' 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. May-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Oceanfront South, LLC Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yes( NoC) 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.) Please see attached Does the subject property have a proposed or pending purchaser? Yese No0 If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No Q If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, o TowneBank and Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation Q 0 Forvis Mazar Architect/Designer/Landscape Q 0 Cooper Carry-Architect WPL- Landscape Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services (F) 0 Kenneth Lee Westnedge, Jr., General Counsel PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. /understand that,, upon receipt of notification that the application has been scheduled for public hearing, 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. Robert M. Howard, CIO Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SCHEDULE A Members Debt Membership and Initial Guarantors Voting Interests Guarantor (Section 8.5 Lawson John R. 20.54962% Yes Investments, Lawson LLC DMR I,LLC Edmund C. 18.04777% Yes Ruffin Bruce L. Bruce L. 18.04777% Yes Thompson Thompson Cavalier FP, D. B.Frye,Jr. 17.95703% Yes LLC COTH,LLC George 16.66073% Yes Metzger Cavalier N/A 1.24446% No Investors I, LLC Cavalier N/A 1.24446% No Investors II, LLC Cavalier N/A 1.24446% No Investors III, LLC Hospitality N/A 5.00370% No Investments Associates- Oceanfront South,LLC 100.00% 4 Affiliates- Oceanfront South, LLC Entity EINs Applicant Owner Owns >_ 20% WMJ Investments, LLC 56-2397585 Lawson Investments, LLC New Town Six, LLC 27-1256894 Lawson Investments, LLC Affi lates Entity EINs 19th Street, LLC 54-1945625 31 Ocean Business Association, Inc. 47-2001111 34th Street Garage, LLC 45-2399281 Atlantic Coast Development, LLC 46-3854448 Battlefield Associates, LLC 32-0792637 BC Development, LLC 33-2022526 BLT Marine, LLC 87-1086269 BQTS Associates, Inc. 54-1519606 Cavalier Associates, LLC 46-2903102 Cavalier Associates Development, Inc. 46-3223768 Cavalier Residential Builders, LLC 47-2615944 Cavalier Hotel Services, LLC 81-164722 Cavalier Oceanfront Residences, LLC 84-2373804 Central Laundry, LLC 20-2508149 Central Laundry Services, LLC 46-2906648 DareFund, LLC 46-2589371 i Dam Neck Associates, LLC 85-1258318 DMR I, LLC 46-3355328 i Gold Key/PHR, LLC 54-1945625 Gold Key/PHR Food Services, LLC 20-2031515 Gold Key/PHR Development, LLC 54-1945625 Gold Key/PHR Rewards, LLC n/a Quick GK/FJ, LLC 92-3532428 i I Heritage Investments, LLC 54-1945625 Hi-Sea, LLC 27-1582243 Hi-Sea Office, LLC 27-4274821 Hi-Sea Condominium Association Inc. 46-1763749 Hospitality Investments Associates, LLC 46-5285280 Hospitality Investments Associates-Battlefield, LLC 33-1645239 Hospitality Investments Associates- Cavalier, LLC 46-4321242 Hospitality Investments Associates- Norfolk, LLC 46-4320723 Hospitality Investments Associates- Oceanfront 86-2674888 South, LLC Norfolk Hotel Associates, LLC 46-3873541 Norfolk Hotel Development, Inc. 46-5080078 Ocean Beach Club, LLC 54-1506700 i Oceanfront Condominium Association, Inc. 33-1628270 i i Oceanfront Investments, LLC 61-1725156 Oceanfront South, LLC 84-4000089 i I Professional Hospitality Resources, Inc. 54-1359656 i I PHR, L.C. 54-1705634 i Red Wing Associates, LLC 85-1247820 ROTB, LC 54-1691818 Ruffin Development, LLC 92-3699008 Ruffin Family, L.C. 54-1706166 i Ruffin Family Investments, LLC 83-1680919 Seashore Marine Ventures, LLC 27-2137671 Sunrise Beach Services, LLC n/a i i TFI, LLC 20-0984938 The Main Condominium Unit Owners' Association 82-1144413 i Thirty-First Street, L.C. 54-1917056 Thompson Family Investments, LLC 20-1799560 VBOZ Investments, LLC 84-2202255 I i BEACHCITY Ok VIRGINIA Disclosure VB' 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 Atlantic Coast Development, LLC Is Applicant also the Owner of the subject property? YesO Noo If no, Property Owner must complete SECTION Z: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes NoC) If yes, name Representative: Kenneth Lee Westnedge, Jr., General Counsel Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Please see attached. Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() No(F) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 © TowneBank and Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation (F) 0 Forvis Mazars Architect/Designer/Landscape Q O Cooper Carry-Architect WPL- Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent O 0 Legal Services G) © Kenneth Lee Westnedge, Jr., General Counsel APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. i Robert M. Howard, CIO 5 •I I-Z�, Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Atlantic Coast Development, LLC 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.) Flea" attached Does the subject property have a proposed or pending purchaser? Yes(F) Noo If yes, name proposed or pending purchaser: Wheelock Street Acquisitions LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Noe If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q ® TowneBank and Atlantic Union Bank cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation Forvis Mazar Architect/Designer/Landscape © Cooper Carry-Architect WPL- Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent o Legal Services (F) © Kenneth Lee Westnedge, Jr., General Counsel 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. Robert M. Howard, CIO '=-� U'"�— 5 , I t Lb Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 i SCHEDULE A Atlantic Coast Development, LLC Membership Interests Members Debt Membership and Reg-O Voting Initial Guarantors Voting Interests Interests* Guarantor Percentage s John R. John R. 20.54962% 20.00% Lawson Lawson 9.90000% DMR 1, LLC Edmund C. 18.04777% 23.37258% 20.00% Ruffin Bruce L. Bruce L. 18.04777% 23.37258% 20.00% Thompson Thompson Cavalier FP, D. B. Frye, 17.95703% 17.95703% 20.00% LLC Jr. COTH, LLC George 16.66073% 16.66073% 20.00% Metzger Cavalier NIA 1.24446% - 0 - I nvestors I, 1.24446% LLC Cavalier N/A 1.24446% - 0 Investors 11, 1.24446% i LLC Cavalier N/A 1.24446% - 0 - Investors 111, 1.24446% LLC Hospitality Edmund C. 5.00370% - 0 - Investments Ruffin 5.00370% Associates - Bruce L. Cavalier, Thompson LLC ° 100.00/0 100.00% 100.00% *Pursuant to Section 8.6,unless and until a Triggering Event occurs,(a)in no event may the Voting Interest held by John Lawson("Lawson")represent more than 9.9%of the total Voting Interests i held by all Voting Members,as reflected in the"Reg-O Voting Rights"column on this Schedule A, as the same may be adjusted from time to time,and(b)any portion of the Membership Interest held I 35 A41- Affiliates-Atlantic Coast Development, LLC Entity EINs Applicant Owner Owns >_ 20% WMJ Investments, LLC 56-2397585 Lawson Investments, LLC New Town Six, LLC 27-1256894 Lawson Investments, LLC Professional Hospitality Resources, Inc. 54-1359656 None Cavalier Hotel Services, LLC 81-1647222 None Oceanfront Investments, LLC 61-1725156 None Affilates Entity EINs 19th Street, LLC 54-1945625 31 Ocean Business Association, Inc. 47-2001111 34th Street Garage, LLC 45-2399281 Atlantic Coast Development, LLC 46-3854448 Battlefield Associates, LLC 32-0792637 BC Development, LLC 33-2022526 BLT Marine, LLC 87-1086269 i BQTS Associates, Inc. 54-1519606 i Cavalier Associates, LLC 46-2903102 I Cavalier Associates Development, Inc. 46-3223768 i Cavalier Residential Builders, LLC 47-2615944 Cavalier Hotel Services, LLC 81-164722 Cavalier Oceanfront Residences, LLC 84-2373804 Central Laundry, LLC 20-2508149 Central Laundry Services, LLC 46-2906648 DareFund, LLC 46-2589371 Dam Neck Associates, LLC 85-1258318 j DMR I, LLC 46-3355328 i Gold Key/PHR, LLC 54-1945625 Gold Key/PHR Food Services, LLC 20-2031515 f Gold Key/PHR Development, LLC 54-1945625 i i Gold Key/PHR Rewards, LLC n/a i I Quick GK/FJ, LLC 92-3532428 ! i Heritage Investments, LLC 54-1945625 Hi-Sea, LLC 27-1582243 Hi-Sea Office, LLC 27-4274821 Hi-Sea Condominium Association Inc. 46-1763749 Hospitality Investments Associates, LLC 46-5285280 Hospitality Investments Associates-Battlefield, LLC 33-1645239 Hospitality Investments Associates- Cavalier LLC 46-4321242 p Y , Hospitality Investments Associates- Norfolk, LLC 46-4320723 Hospitality Investments Associates- Oceanfront 86-2674888 South, LLC Norfolk Hotel Associates, LLC 46-3873541 Norfolk Hotel Development, Inc. 46-5080078 Ocean Beach Club, LLC 54-1506700 Oceanfront Condominium Association, Inc. 33-1628270 Oceanfront Investments, LLC 61-1725156 Oceanfront South, LLC 84-4000089 Professional Hospitality Resources, Inc. 54-1359656 PHR, L.C. 54-1705634 Red Wing Associates, LLC 85-1247820 ROTB, LC 54-1691818 Ruffin Development, LLC 92-3699008 Ruffin Family, L.C. 54-1706166 Ruffin Family Investments, LLC 83-1680919 Seashore Marine Ventures, LLC 27-2137671 Sunrise Beach Services, LLC n/a TFI, LLC 20-0984938 The Main Condominium Unit Owners' Association 82-1144413 Thirty-First Street, L.C. 54-1917056 i i Thompson Family Investments, LLC 20-1799560 VBOZ Investments, LLC 84-2202255 i i i I QGHU�y i7} -� Zsl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into City-owned Property known as Lake Wesley, Located at the Rear of 508 Southside Road. MEETING DATE: May 19, 2026 ■ Background: The Virginia Beach City Council previously approved an encroachment for Erin Gatling and Casey Schilling (collectively, the "Applicants") into a portion of City- owned property known as Lake Wesley, to construct and maintain three variable width floating piers and a 12' x 14' boat lift (the "Previous Encroachments"), located at the rear of 508 Southside Road (GPIN: 2427-10-9095 and 2427-20-1024). The Applicants are now requesting permission to relocate, reconstruct and maintain the previously approved boatlift, to construct and maintain a new 3' x 5' skiff/jet ski lift, and to maintain an existing 7.6' x 7.4' wood pier (the "Temporary Encroachments"). The Applicants have agreed to remove any unused or unnecessary materials related to the Previous Encroachments from Lake Wesley upon completion of construction of the Temporary Encroachments. ■ Considerations: City staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Wesley, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting DepartmentlAgency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 LAKE WESLEY, LOCATED AT THE 7 REAR OF 508 SOUTHSIDE DRIVE. 8 9 WHEREAS, the Virginia Beach City Council previously approved an 10 encroachment for Erin Gatling and Casey Schilling (collectively, the "Applicants") into a 11 portion of City-owned property known as Lake Wesley, to construct and maintain three 12 variable width floating piers and a 12' x 14' boat lift (the "Previous Encroachments"), 13 located at the rear of 508 Southside Road (GPIN: 2427-10-9095), which agreement is 14 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach as 15 Instrument Number 202503020728; 16 17 WHEREAS, the Applicants are now requesting permission to relocate, 18 reconstruct and maintain the 12' x 14' boatlift, to construct and maintain a new 3' x 5' 19 skiff/jet ski lift, and to maintain an existing 7.6'x 7.4'wood pier(collectively, the"Temporary 20 Encroachments") into Lake Wesley; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 24 the City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA- 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 31 assigns and successors in title are authorized to relocate, construct and maintain the 32 previously approved 12' x 14' boat lift, to construct and maintain a new 3'x 5' skiff/jet ski lift, 33 and to maintain an existing 7.6' x 7.4' wood pier into City-owned property known as Lake 34 Wesley, as shown on the exhibit map entitled: "Exhibit 'A' PROPOSED 4 PILING BOAT 35 LIFT RELOCATION, NEW SKIFF LIFTAND EXISTING PIER ENCROACHMENT", Scale: 36 1" = 60', dated 12/15/25, prepared by J.S.G. Development Consultants, P.C., a copy of 37 which is attached hereto as Exhibit"A" and on file in the Department of Public Works and to 38 which reference is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 41 expressly subject to those terms, conditions and criteria contained in the agreement 42 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 43 copy of which has been presented to the Council in its agenda, and will be recorded among 44 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 1 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Applicants and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' D yPB_L4C_VWOR14S, R AL ESTATE CITY ATTORNEY CA17038 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d012\p055\01113288.doc R-1 Prepared: April 21, 2026 2 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENT OMBINED WITH ` , THE COMPILATION OF DEEDS AND PLATS SHOWN FXREON AND DOE OT �'0 --qlljf_7 B 196 PAGE 3) CONSTITUTE A BOUNDARY SURVEY. , �O Cam__ F`, o o� SCALE: 1 = 60 y LAKE WESLEY (MB 26, PG 57) !� 8 6 \ , y� 2�GPIN 24272061080000 RELOCATED 12 14' Fro h �;! N Ste; 4 PILING BOAT LI E, }2 7Z h .� LOT B-517 7.6 EXISTItZC FLOATING PIERS, GPIN 2427-20-1 24 \� 314' YlS,g/ RECENTLQNSTRUCTED �� Instr.No.202503Lh2Q728 H y 7>jsp �- Rd ' 71 EXISTING 6{JAT LIFT TO BE RELOCATED�%S SHOWN 4 N 167 LF EXISTING ' (M8 T k BULKHEAD \ P6 Ao CONSTRUCTED)(RECENTLY 6 ^ � NEW T X 5'SKLFF/JET SKI LIFT G S 63°22'03"�W 42.98' (1500'LB CAPACTA'�.MOUNT ON ONE SJj C � Instr`No.202503020728 53 CLASS"B"P.T.TIMBLR,PILING EXISTING WOOD PIER q� PORTION TO REMAIN AS SHOWN(7.6'W X 7.4' ) a SSA �3„� qS O JAMES S.GEORGO rn s9, ti�FJ R U Lic.No.023833 .o ley N A v p ;�% /, 60 poT 03-01-2026 �e �N�rJ 2QQ o S O U' N 4 Th ASS/ONAL ENG �i� Ste, 00 C ' 999 � •sp, F � ,. Ot So (/ of 41 C/L 1 O'WIDE CITY o o EXHIBIT "All T ��` ��• ;� STORMWATER r-100 EASMENT PROPOSED 4 PILING BOAT LIFT RELOCATION, NEW SKIFF LIFT F�F ssR" AND EXISTING PIER ENCROACHMENT F THE CITY OF VIRGINIA BEACHo��o2`�q� LOT B-5 IS NOT RESPONSIBLE FOR REPLAT OF RUDEE HEIGHTS VERIFICATION OF RESTRICTIONS (MB26, PG 57; MB 192, PGs 51-52; MB 196, PG3) REQUIRED BY OTHER ASSOCIATIONS APPLICANT: ERIN GATLING AND CASEY SCHILLING OR AGENCIESREQUIRED BY OTHER SITE ADDRESS: 508 SOUTHSIDE ROAD ASSOCIATIONS OR AGENCIES" GPIN 24271090950000 DATE: 12-15-25 LOCATION: LAKE WESLEY CITY OF.- REVISED: VIRGINIA BEACH DEED REFERENCE: SCALE: 1"=60' INSTRUMENT NO.:202000113207 PROD. NO: FULL COVENANT AND WARRANTY DEED,12/07/2020 CLIENT: E. GATLING AND C. SCHILLING DRAWN BY: JSG J.S.G. DEVELOPMENT CONSULTANTS,P.C. aim and Sr­ rai Engineering 1540 s"rde ria,e DRWG FILE: 508 SOUTHSIDE RD BH -Emdronmen,airerm;,e,ng Norroii:,Virgmm 23509 -HydrograpNcSurveying Tel..(757)461-6336 SHEET: 1 OF 1 -Mapping Services Fax(757)461-1803 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of �P�` 20 a(y by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ERIN GATLING and CASEY SCHILLING, married, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of (i) that certain lot, tract, or parcel of land designated and described as "LOT 135", in Block B, as shown on that certain plat entitled "RUDEE HEIGHTS LOCATED AT RUDEE INLET, VIRGINIA BEACH PRINCESS ANNE CO., VIRGINIA", Scale 1" = 100', dated January 1926, prepared by S.W. Armistead, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 169, and also shown on that certain plat entitled "REPLAT OF RUDEE HEIGHTS PRINCESS ANNE CO, VA.", Scale: 1" = 100', dated December 1950, prepared by S.W. Armistead, C.E., which plat is recorded in the aforesaid Clerk's Office in Map Book 26, at page 57, and (ii) that portion of property located between the easternmost line of Lot B5 on the West, and on the East by the line formed between Points N and O as shown on that certain survey entitled "PHYSICAL SURVEY OF A PORTION OF LOT B-5 BEING THE LATTIE C. YATES PROPERTY M.B.7 PG. 169, M.B. 26 PG. 57, D.B. 1732 PG. 707 LYNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', dated June 7, 1989, GPINs: 2427-20-7891 (CITY-OWNED PROPERTY — LAKE WESLEY) 2427-10-9095 AND 2427-20-1024 (508 SOUTHSIDE ROAD) prepared by Langley and McDonald, which survey is recorded in the aforesaid Clerk's Office, in Map Book 196, at page 3, all being further designated, known and described as 508 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, the City granted a previous encroachment to the Grantee to construct and maintain three (3) variable width floating piers and a 12' x 14' boat lift into a portion of City-owned property known as Lake Wesley, which is recorded in the aforementioned Clerk's Office as Instrument Number 202503020728 ("Previous Encroachment"), and WHEREAS, it is proposed by the Grantee to relocate, re-construct and maintain the aforesaid 12' x 14' boat lift and to construct and maintain a 3' x 5' skiff/jet ski lift and to maintain an existing 7.6' x 7.4' wood pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach. Grantee agrees to remove any unused or unnecessary materials (wood, pilings, etc.) related to the Previous Encroachment from Lake Wesley upon completion of construction of the Temporary Encroachment; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby modifies the Previous Encroachment and grants to the 2 Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" PROPOSED 4 PILING BOAT LIFT RELOCATION, NEW SKIFF LIFT AND EXISTING PIER ENCROACHMENT", Scale: 1" = 60', dated 12/15/25, prepared by J.S.G. Development Consultants, P.C., a copy of which is attached hereto as Exhibit "A", and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees on City property without the prior written consent of the City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 508 Southside Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to 3 Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 508 Southside Road, Virginia Beach, VA 23451. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 4 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 5 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. IN WITNESS WHEREOF, Erin Gatling and Casey Schilling, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2026, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 7 Erin Gatling Casey tchilling STATE OF CITY/COUNTY OF Y '1ck_ &ad-, to-wit: The foregoing instrument was acknowledged before me this O day of Y-1 2026, by Erin Gatling. U94c_� (SEAL) Notary Public , , , , , I A...BAT My Notary Registration Number: v t l� P RY PU do M Commission Expires: � ' �P 8041687 n; COMMISSION ¢- EXPIRES STATE OF J ��G` =��'.. 02/28/2027kj CITY/COUNTY OF lrainic� ('�L, to-wit: �FgL7H '3F��� The foregoing instrument was acknowledged before me this day of ►�i 2026, by Casey Schilling. 71 (SEAL) Notary Public \\�, , , , , , \���R1A 84T'�. My Notary Registration Numbe : 50 `�?.• \ PUB.?o My Commission Expires: REG# 8041687 - c> COMMISSION Q - - 0 ' EXPIRES ? 2'?y '• 02/28/2027 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL /�Fa,LTH,�F,�`� SUFFICIENCY AND FORM PI)h1_15WORKA — REAL ESTATE CITY ATTORNEY 8 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENT 0MBINED WITH \ THE COMPILATION OF DEEDS AND PLATS SHOWN PEREON AND DOE OT �`, �� (M B 196 PAGE 3) CONSTITUTE A BOUNDARY SURVEY. y` 7 �o, SCALE: 1" = 60' o 0 0y LAKE WESLEY (MB 26, PG 57) RELOCATED 12 14' x" ss�� c `, ��� 2 ;2�GPIN 24272061080000 4 PILING BOAT LI LOT B-51 i 'Z. 0� 71 5 EXISTItZC FLOATING PIERS, GPIN 2427-20-1�24 ��� �7.4' /N .�'� ryn RECENTLYE<QNSTRUCTED Instr.No.202503D4p728 TFpy ,v �9' EXISTING BpAT LIFT TO BE q 1O RELOCATED*S SHOWN l4 IF 167 LF EXISTING FMB TRH Nsk BULKHEAD (RECENTLY NEW 3'X 5'SKLFF/JET SKI LIFT pG 1500'LB CAPAC �j CONSTRUCTED) S 63°22'03'`W 42.98' ( zP4�.MOUNT ON ONE Instr;No.202503020728 / / 53 11tt` CLASS"B"P.T.TIMBLR PILING EXISTING-WOOD PIER PORTION TO REMAIN / / 8. LAS SHOWN'(7.6'WX 7.4 ) .o ..q, :•::.'<..`r,.�sue; �� I�`o q O JAMES S.GEORGO Z . U D 7 �lqp S9 N�FJ qR H \ Lic.No.023833 �c Jp p S <c � 03-01-2026 41 ° �ip�� S� ! N 0 FS G� SFJ���AS> °M '3/ONAL EN °(�s° C/LIO'WIDECITr r `49SS0° EXHIBIT "A" T �` ��• ; STORMWATER O /Ys 6' s EASMENT PROPOSED 4 PILING BOAT LIFT RELOCATION, NEW SKIFF LIFT AND EXISTING PIER ENCROACHMENT F THE CITY OF VIRGINIA BEACFf �'� LOT B-5 IS NOT RESPONSIBLE FOR REPLAT OF RUDEE HEIGHTS VERIFICATION OF RESTRICTIONS (MB26, PG 57,- MB 192, PGs 51-52; MB 196, PG3) REQUIRED BY OTHER ASSOCIATIONS APPLICANT: ERIN GATLING AND CASEY SCHILLING OR AGENCIESREQUIRED BY OTHER SITE ADDRESS: 508 SOUTHSIDE ROAD ASSOCIATIONS OR AGENCIES" GPIN 24271090950000 DATE: 12-15-25 LOCATION: LAKE WESLEY CITY OF: REVISED: VIRGINIA BEACH DEED REFERENCE: SCALE: 1"=60' INSTRUMENT NO.:202000113207 PROJ. NO: FULL COVENANT AND WARRANTY DEED,12/07/2020 CLIENT: E. GATLING AND C. SCHILLING J.S.G. DEVELOPMENT CONSULTANTS,P.C. DRAWN BY: JSG -Civil and Structural Engineering 1540 Bordeaux Place DRWG FILE: 508 SOUTHSIDE RD BH En,•ironmena Pe tutting Nowell:,virgirda 23509 -Hydrographic5umeying Tcle.(757)461-6336 -Mapping Sen•ir. Fax(757)461-1803 SHEET: 1 OF 1 . a 1 .tea Y e , fir?' a a ,a e F e. R s a y a � vi? d > y, m y JI J 1 f f// 1 1 i 4 ZI Z� r i r O A'j AMIN L wf _rt , n � , P M1 ✓�r 7� ^i 9 aA >, r I� 1 +� IT- allIf .$E le i v u .ter w > r a v p vs .w r , ...:. », ow iK r / v' .x 4 •4 _ x _ •'�� ~°sus?� �r^� 3 z � t # 3i s. u per`) MAJA— f 'I j t e�Aj r � £ a fit � n3 )• { i!: y �.. „ u k a & f. '7 ,t I41 d �r M. E l � lil o �r LOCATION MAP Legend 9 A ENCROACHMENT REQUEST FOR 2427-10-9095 ERIN GATLING AND CASEY SCHILLING ff 508 SOUTHSIDE ROAD 2427-20-1024 `` GPIN: 2427-10-9095 0 50 100 City Property �. Feet .. Prepared by JCS/PW.Eng,/Eng.Support Services Bureau/04-30-2025 X 1GAD0\PrsgectsrArc Files%AGENDA MAPS12427-10-9095G2427-10.9095 Aenal.aprx �p S?pI 22ND S� 64'" 1�`Z6t4r GINIA B RIR, `CHH 6L -NORFOLK-AV-t) �� - SITE OJ Mu a LOCATION MAP Legend ENCROACHMENT REQUEST FOR 2427-10-9095 ERIN GATLING AND CASEY SCHILLING 508 SOUTHSIDE ROAD 132427-20-1024 GPI N: 2427-10-9095 0 50 100 City Property I IsmommommmENEEL- Feet V-%r'Anr'AP—i -fc%A—Ci#..%Af,CRR1A R,IAPC17A77 in CM9;X7A')7 1A OAOr enry CITY OF - , Disclosure 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 1: APPLICANT • • APPLICANT INFORMATION Applicant Name: r r as listed on application �n '� l� �✓`��' ar �aS� ��� ' Is Applicant also the Owner of the subject property? sln Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). S C , t Does Applicant have a Representative? YesGY-Noof JSG3eOcoo If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes®Noo---- If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'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 s bj�ect land or any proposed development contingent on the subject public action? Yes(:) No If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in 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 o Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTIONDISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER �( Name entityand/or individual Accounting/Tax Return Preparation 0 v Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent er 0 )0��°S S_ Clew D) P E J5 LI btv Y �+ Sv)4-anA Legal Services 0 cr APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. C-YI r1 G(AV u Wa--- Applicant Name(Print) Applicant Signal 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 ay-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Y C'1a�t n SC)(\ Is the Owner a corporation, partnership,firm, business,Vust,or unincorporated business? Yeso oO If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No© If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 Cr Architect/Designer/Landscape ©� Architect/Land Planner Construction Contractor O CC Engineer/Surveyor/Agent 0, 0 Jm ess. G- ecx o P )S(, vO-6rvr4 Legal Services © (7) cOwl4a rib 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 an ublic body r committee in connection with this application. AjWf Property Owner Wme (Print) Property OVfier Si nature Date Disclosure Statement I rev. May-2024 page 3 of 3 f� ,.+�; IN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachment into City-owned Property Known as Lake Joyce Located at the Rear of 4220 Ben Gunn Road MEETING DATE: May 19, 2026 ■ Background: Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014 (the "Applicant") requests permission to maintain an existing timber bulkhead, and to construct and maintain a timber pier and rip rap revetment (collectively, the "Temporary Encroachment"), into City-owned property known as Lake Joyce, located at the rear of 4220 Ben Gunn Road (GPIN: 1479-99-1203). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into the City's property, known as Lake Joyce, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: i�w 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENT INTO 5 CITY-OWNED PROPERTY KNOWN 6 AS LAKE JOYCE, LOCATED AT THE 7 REAR OF 4220 BEN GUNN ROAD. 8 9 WHEREAS, Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, 10 dated July 24, 2014 (the "Applicant"), requests permission to maintain an existing 112.6' 11 wide timber bulkhead, and to construct and maintain a 22' x 12' timber pier and 105 linear 12 feet rip rap revetment (collectively, the "Temporary Encroachment"), into City-owned 13 property known as Lake Joyce, located at the rear of 4220 Ben Gunn Road (GPIN: 1479- 14 99-1203); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 24 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns and 25 successors in title are authorized to maintain the Temporary Encroachment within the City- 26 owned property as shown on the map entitled: "EXHIBIT `A' — ENCROACHMENT 27 REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER 28 AND RIP RAP REVETMENT FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4220 29 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT 42 30 BLOCK 1 M.B. 31, PG. 53," Scale: 1"=40', dated April 28, 2025, prepared by Stone Green 31 Consulting, LLC, a copy of which is attached hereto as Exhibit A and on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 38 been presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as the Applicant and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 48 , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WORKS / REAL ESTATE CITY ATTORNEY CA16726 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d013\p056\01113355.doc R-2 Prepared: May 6, 2026 DUFOUR ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS \N REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S LAKEJOYCE EXISTING TIMBER PIER TO BE REMOVED M.B.31 PG.53 NOW OR FORMERLY CITYOF VIRGINIA BEACH O SIDE LAKE JOYCE �� AY ���Q 1� � D.B.1018 P. 154 pF� 04 N 1� EDGE OF WATER GPIN: 15708024380000 1140 �� 6 6"OAK' O 36"OAK 0J 25'STRIP OF OWNERSHIP DEDICATED TO THE CITY OF VIRGINIA BEACH 12"HOLLY (D.B. 1018,P. 1 S4) ORDINARY HIGH 24"HOLLY / WATER REACHES % LOT 43 EXISTING BULKHEAD r° 18"HOLLY I NOW OR FORMERLY CYNTHIA DUFOUR i GPIN: 1479-99-1290 INST:202503006675 LOT 41 I I M.B.31,PG. 53 NOW OR FORMERLY I MARY J. CLARKE i GPIN: 1479-99-0217 INST: 202503009008 I M.B. 31, PG. 53 b I o o j LOT 42 0, i NOW OR FORMERLY CYNTHIA C. DUFOUR Di 'ally signed by S Green "'I REVOCABLE TRUST I `l' DN:CN=Sean e , 01 GPIN: 1479-99-1203 o E- enc nsu ' om z M.B. 31, PG. 53 �`"„ Date 202n, =Green,C=US N' INST:20141008000954650 G=Sean, 'Green, 8 OS'00' I TH OF I � I � EXISTING ! o CONDITIONS " SEAN E. GREEN Lic. No. 0402064005 PF _ _ _ _ __ P_F a f—103'TO TREASURE N 61°00'W 100.0' -)q ISLAND DR BEN GUNN ROAD (50'RIGHT-OF-WAY) FSS/ONAk- ECG\ REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015, AKRON, OH 44333 (330)400-3811 COA:0407008328 4220 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT 42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. S3 APRIL 28, 2025 SHEETS 1 OF 3 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. DUFOUR ENCROACHMENT EXHIBIT N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS �N REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. REPLACE PIER S LAKE JOYCE IN SAME FOOTPRINT M.B.31 PG.53 NOW OR FORMERLY CITY OF VIRGINIA BEACH -) BAYSIDE LAKE JOYCE 12 N o D.B.1018 P. 154 �' S' r' EDGE OF WATER GPIN: 15708024380000 RO O'- PROPOSED 105 LINEAR FEET OF - 1 A QUARRY STONE RIP RAP REVETMENT 6"OAK' TREE PROTECTION TO BE TO BE INSTALLED SEAWARD OF THE � USED FOR ALL TREES ON CITY �� � � 36'OAK PROPERTY(SEE SHEET 3) EXISTING BULKHEAD - ----- 25 STRIP OF OWNERSHIP e DEDICATED TO THE I CITY OF VIRGINIA BEACH 12"HOLLY (D.B. 1018,P. 154) ORDINARY HIGH 24"HOLLY WATER REACHES /' LOT 43 EXISTING BULKHEAD 18"HOLLY/ I NOW OR FORMERLY °-/ CYNTHIA DUFOUR i GPIN: 1479-99-1290 INST 202503006675 LOT 41 I I M.B.31, PG. 53 NOW OR FORMERLY MARYJ.CLARKE GPIN: 1479-99-0217 INST: 202503009008 M.B.31, PG. 53 o I o Oj LOT 42 NOW OR FORMERLY j CYNTHIA C. DUFOUR j "'I REVOCABLE TRUST I - 5`y signed by S Green D C an o j GPIN: 1479-99-1203 j o E- egreenc ns co , N INST:20141008000954650 N G=Sean,_SN-..Green,C=US z i M.B.31, PG. 53 i Date:2026.03.0 .52-05'00' W H OF Cj PROPOSED o IMPROVEMENTS ! i SEAN E. GREEN _ _ _ __ _ ____ Lic. No. 0402064005 PF _________ _ PF r-10T TO TREASURE N 61°00'W 100.0' 10 < ISLAND DR BEN GUNN R ADM. (30, PG.I T-OF-WAY) S��NAL 0FS G\I REF0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015, AKRON, OH 44333 (330)400-3811 COA:0407008328 4220 BEN GUNN ROAD,VIRGINIA BEACH,VA 23455 BAYLAKE PINES,SECTION 1 LOT 42 BLOCK 1 CQ2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 2 OF 3 IF I DUFOUR ENCROACHMENT EXHIBIT TREE PROTECTION DETAIL FENCING AND ARMORING DRIP LINE SNOW FENCE i� 00 0 I 0 BOARD FENCE 1� rIM CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING /\ - itally signed by S,5A Green Sean Fe , 1 1 I Enegreencbns in ail.co G= ean,-SN=Green;C=US Date: 26. 8:58-05'00' —r\ �kLTH OF ( o ? EAN E. GREEN D •+*+ Lic No. 0402064005 .+� CORRECT TRUNK ARMORING -o TRIANGULAR BOARD FENCE Source: Va. DSCW Plate 3.38-2 SS��NAL EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 (330) 400-3811 COA:0407008328 4220 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 3OF 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of �`�' v" , 20 ; by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CYNTHIA C. DUFOUR, TRUSTEE OF THE CYNTHIA C. DUFOUR REVOCABLE TRUST, dated July 24, 2014, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 42" as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES PRINCESS ANNE COUNTY, VA," Scale 1" = 100', dated February 1954, prepared by Frank D. Tarrall, Jr. & Associates Surveyors & Engineers, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4220 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing 112.6' timber bulkhead, and to construct and maintain a 22' x 12' timber pier and 105 linear feet of rip rap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (LAKE JOYCE - CITY PROPERTY) 1479-99-1203 (4220 BEN GUNN ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER AND RIP RAP REVETMENT FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4220 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT 42 BLOCK 1 M.B. 31, PG. 53," Scale: 1" = 40', dated April 28, 2025, and prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Grantee will not disturb or remove any existing trees on City Property without the prior written consent of City. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4220 Ben Gunn Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4220 Ben Gunn Road. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 It is further expressly understood and agreed that if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities, the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014, the said Grantee, has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CY,` HIA C. DUFOUR, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014 STATE OF CIA CITY/COUNTY OF yP� to-wit: The foregoing instrument was acknowledged before me this ' day of 20?h by Cynthia C. Dufour, Trustee of the Cynthia C. Dufour Revocable Trust, dated July 24, 2014. (SEAL) r N ry Public Notary Registration Number: NORNiA L VASTANO NOTARY PUBLIC j COMMONWEALTH OF VIRGINIA My Commission Expires: �0 '� 1 I MY COMMISSION EXPIRES OCT.31,2027 COMMISSION#7251901 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS— REAL ESTATE CITY ATTORNEY 7 DUFOUR ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS 1N REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 4 5 LAKE JOYCE EXISTING TIMBER PIER TO BE REMOVED M.B.31 PG.53 NOW OR FORMERLY CITY O AYSIDE LAKE J BEACH OYCE D.B.1018 P. 154 OFF p0 N 41. EDGE OF WATER GPIN: 15708024380000 -14\0 6 6"OAK' CO 0kP O 36"OAK 0J / 25'STRIP OF OWNERSHIP DEDICATED TO THE CITY OF VIRGINIA BEACH 012"HOLLY ! (D.B. 1018,P. 154) ORDINARY HIGH 24"HOLLY % WATER REACHES % I LOT 43 EXISTING BULKHEAD N 18"HOLLY I NOW OR FORMERLY CYNTHIA DUFOUR GPIN: 1479-99-1290 INST:202503006675 LOT 41 I I M.B. 31, PG. 53 NOW OR FORMERLY j I MARYJ.CLARKE GPIN: 1479-99-0217 INST: 202503009008 ! I M.B. 31, PG. 53 b I b o j LOT 42ro m i NOW OR FORMERLY CYNTHIA C. DUFOUR Di 'ally signed AGe Green "'I REVOCABLE TRUST I "' DN.CN=Se , o j GPIN: 1479-99-1203 ! o EQ enc INST:20141008000954650G=Sean, = =US Date:2026.03.0 1-58:48-05'00' z M.B. 31, PG. 53 ��NLTH OF EXISTING ! o y CONDITIONS i " SEAN E. GREEN PF _ _ _ P_F____ Lic. No. 0402064005 —103'TO TREASURE _____ N 61°00'W 100.0' -50 ISLAND DR BEN GUNN ROAD (50 RIGHT-OF-WAY) FS'S/ANAL ECG\ REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015, AKRON, OH 44333 (330) 400-3811 COA:0407008328 4220 BEN GUNN ROAD,VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 1 OF 3 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. DUFOUR ENCROACHMENT EXHIBIT N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS \N REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 4 REPLACE PIER S LAKE JOYCE IN SAME FOOTPRINT M.B.31 PG.53 NOW OR FORMERLY CITY OF VIRGINIA BEACH , BAYSIDE LAKE JOYCE 12 N c D.B.1018 P. 154 8' N EDGE OF WATER GPIN: 15708024380000 AD p0 f PROPOSED 105 LINEAR FEET OF QUARRY STONE RIP RAP REVETMENT 6"OAK' TREE PROTECTION TO BE TO BE INSTALLED SEAWARD OF THE 0 USED FOR ALL TREES ON CITY ,Lc� ��� oc 36'OAK PROPERTY(SEE SHEET 3) EXISTING BULKHEAD ,�P "--'— TIS `�+\J`�� 25'STRIP OF OWNERSHIP I DEDICATED TO THE CITY OF VIRGINIA BEACH °11"HOLLY j (D.B. 10 18,P. 154) ORDINARY HIGH 24"HOLLY LOT 43 WATER REACHES % EXISTING BULKHEAD 18"HOLLY/ j NOW OR FORMERLY CYNTHIA DUFOUR i GPIN: 1479-99-1290 INST:202503006675 LOT 41 I I M.B. 31, PG. 53 NOW OR FORMERLY j I MARYJ. CLARKE I GPIN: 1479-99-0217 INST: 202503009008 I M.B.31, PG. 53 o I o 01 LOT 42 a, rn i NOW OR FORMERLY CYNTHIA C. DUFOUR w w Di Ily signed by S Green I REVOCABLE TRUST I _ D C =Sean o j GPIN: 1479-99-1203 j o EE egreenc N INST:20141008000954650 O1 G=Sean,SN.=_Green,C=US z i M.B.31, PG. 53 i Ln Date:2026.03. ;' K-05'00' I j �F,pLTH OF L I � � �6) PROPOSED o IMPROVEMENTS ; SEAN E. GREEN PF ---_____________-- __ PF_-__ LIC. No. 0402064005 —103'TO TREASURE N 61°00'W 100.0' �O < ISLAND DR BEN GUNN ROAD REF: M.8(3�, PG. 53/ 0E-WAV) �FSS/ONAL 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND SCALE: 1" =40' A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 (330) 400-3811 COA:0407008328 4220 BEN GUNN ROAD, VIRGINIA BEACH,VA 23455 BAYLAKE PINES,SECTION 1 LOT42 BLOCK 1 02025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 20F 3 DUFOUR ENCROACHMENT EXHIBIT TREE PROTECTION DETAIL FENCING AND ARMORING DRIP LINE SNOW FENCE 00 00 00 BOARD FENCE 00 CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING 9igitally signed by Green 4ean fe G= ean,SN=Green,C=US Date: 26. 8:58-05'00' NLTH O/Ip„ EAN E. GREENpowLic No. 0402064005 162� oo CORRECT TRUNK ARMORING -o w .0 TRIANGULAR BOARD FENCE SS/ONAL Source: Va. DSCW Plate 3.38-2 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING TIMBER BULKHEAD AND A PROPOSED TIMBER PIER AND RIP RAP ENGINEERING SERVICES PROVIDED BY: REVETMENT STONE GREEN CONSULTING, LLC 4014 MEDINA ROAD#1015, AKRON, OH 44333 FOR: CYNTHIA C. DUFOUR REVOCABLE TRUST (330) 400-3811 COA:0407008328 4220 BEN GUNN ROAD, VIRGINIA BEACH, VA 23455 BAYLAKE PINES, SECTION 1 LOT42 BLOCK 1 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 31, PG. 53 APRIL 28, 2025 SHEETS 3 OF 3 N SITE 441 s 20 e 61 LOCATION MAP ENCROACHMENT REQUEST FOR Legend CYNTHIA C. DUFOUR REVOCABLE TRUST El 1479-99-1203 GPIN: 1479-99-1203 CITY PROPERTY 0 50 gooFeet renar v nn irve ureau 1 -. XiSurvevsl bJ S rc'is �rnertst ea state e a ansti 4 y 1 14 .-.. 1 .\14 ..-1? . anrz N W — S u a .% !" 'w . �.9 .•�"•. 'yam, _ a• t - '�/ � rE' a r. ro � V e 44)� = Ro LOCATION MAP it ENCROACHMENT REQUEST t f; FOR Legend ; , CYNTHIA C. DUFOUR REVOCABLE TRUST 1479-99-1203 �. Imo`'- GPIN: 1479-99-1203 CITY PROPERTY x 0 50 100 Feet Prenared Rv MAMIP W Fnn`,Survev ure.au\12-6-2025 1.urvevsl .IF C:l S.<1rr.Cir;Prorectsl eal statelAnenda Mans12504 A GPI 1 1479-99-1203\14 9-99-1203 Aenal anrx CITY OF Disclosu re VIRGINIA VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies, SECTION 1: APPLICANT i APPLICANT INFORMATION Applicant Name: os listed on application ��� Is Applicant also the Owner of the subject property? Yes Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes®N if yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesqyNoo 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.) C� c,; Does the subject property have a proposed or pending purchaser? Yes U No <- If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No 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, 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION • • • •SURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 0 �` l a r,n e G/154-rc/cT bn LL._ Engineer/Surveyor/Agent W © �o be► n Legal Services 0 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Ah�� C,D"- 1411- r� S zc2,6 Applicant Name (Print) Applic t Signature Date s "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets, the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 y page 2 of 3� Nu a� ./�S.tiL` (F Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to (1) authorize acquisition of 7.04+/- acres of a portion of property located at 4188 Yorktown Boulevard in Midway Manor from the United States of America, Department of the Navy, (2) establish capital project 100754, "Midway Manor" and (3) transfer $3,000,000 from capital project #100641, "Open Space Acquisition IV," to capital project #100754 MEETING DATE: May 19, 2026 ■ Background: The United States of America, Department of the Navy (the "Navy") owns an 8.76+/- acre parcel of land in Midway Manor housing development located at 4188 Yorktown Boulevard (GPINs: 1476-90-5569 and small portion of 1476- 80-5061) in the City of Virginia Beach, Virginia. The Navy has determined a 7.04+/- acre portion of the parcel (the "Property") is in excess of its needs and has been authorized by Congress to convey it to the City, in Section 2856 of the 2022 National Defense Authorization Act. The Navy desires to retain the remainder of the site for the CYP Midway Manor Youth Program building and the portion of land the youth program would require for its operations. The City has determined that the Property would be suitable for several potential uses, including a public park, a future fire station, and stormwater facilities. The Property has road frontage on Windsor Oaks Boulevard, and it is adjacent to White Oak Elementary School. The Navy had the Property appraised and determined the market value to be $3,000,000. Subject to City Council approval, City staff and the Navy have reached an agreement on the purchase price and the terms of the acquisition of the Property. The purchase price will be paid by the City in the form of in-kind services, meaning the City will pay the actual cost of performing milling, paving, and striping of certain streets within the boundaries of NAS Oceana, which has an estimated cost of approximately $3,000,000. An agreed scope of work is attached, which the City has confirmed, based on contractor estimates, to be deliverable at approximately $3,000,000. The City plans to engage a contractor to perform the paving work. To track the funding and provision of in-kind services, City staff proposes establishing capital project #100754 "Midway Manor" and transferring the $3,000,000 from the general Open Space capital project, #100641, "Open Space Acquisition IV." The project page for capital project#100754 is attached hereto. ■ Considerations: A park is needed in the vicinity of the Property to achieve a 10-minute walking radius of nearby residential communities. A 10-minute walk-time analysis shows the park would serve 1,419 residential units (approximately 3,690 residents). Parks and Recreation staff determined that the site is ideal for a park due to its connection to the adjacent Timberlake neighborhood and being directly adjacent to a school, which will allow it to be walkable and bikeable by residents and students. It is of sufficient size to allow at least 4 recreational amenities to be developed on the site. The site will remain a passive park until funding is available to add park improvements, at which time the community will be consulted on the desired amenities. A need for a ladder station has been identified by the Fire Department in the vicinity of the Property to reduce response times. A portion of the Property would be reserved on Windsor Oaks Boulevard for a future fire station until funding is identified to construct a station. The site could also be beneficial to provide additional stormwater capacity to reduce flooding in the area, which experiences flooding during a 10-year storm event. The Property is not within any Air Installations Compatible Use Zones (AICUZ) and will not have any AICUZ-related restrictions in the deed. The form of the Quitclaim Deed from the Navy is attached. ■ Public Information: Public notice via the normal City Council agenda process. ■ Alternatives: Deny the request to acquire the Property. ■ Recommendations: Approve the request to purchase the Property subject to the terms and conditions of the Summary of Terms. ■ Attachments: Ordinance, with attached Plat and Summary of Terms, Quitclaim Deed form, NDAA Legislation, Capital Project #100754 Project Page, and Location Map Recommended Action: Approval A I Submitting Department/Agency: Public Works City Manager: /' V 1 AN ORDINANCE TO (1) AUTHORIZE 2 ACQUISITION OF 7.04+/- ACRES OF A 3 PORTION OF PROPERTY LOCATED AT 4188 4 YORKTOWN BOULEVARD IN MIDWAY 5 MANOR FROM THE UNITED STATES OF 6 AMERICA, (2) ESTABLISH CAPITAL PROJECT 7 #100754, "MIDWAY MANOR" AND (3) 8 TRANSFER $3,000,000 FROM CAPITAL 9 PROJECT #100641, "OPEN SPACE 10 ACQUISITION IV," TO CAPITAL PROJECT 11 #100754 12 13 WHEREAS, the United States of America, Department of the Navy (the "Navy"), 14 owns an 8.76+/- acre parcel of land in Midway Manor housing development located at 15 4188 Yorktown Boulevard (GPINs: 1476-90-5569 and small portion of 1476-80-5061) in the 16 City of Virginia Beach, Virginia; 17 18 WHEREAS, the Navy has determined that a 7.04+/- acre portion of the parcel (the 19 "Property"), which has been appraised at $3,000,000 and which is depicted on the plat 20 attached hereto as Exhibit A and made a part hereof, is in excess of its needs; 21 22 WHEREAS, the Navy desires to retain the remaining 1.72+/- acre portion of its site 23 fronting on Yorktown Boulevard for the CYP Midway Manor Youth Program building and for 24 land that the youth program would require for its operations; 25 26 WHEREAS, the Navy has been authorized by Congress to convey the Property to 27 the City of Virginia Beach by legislation adopted in the 2022 National Defense Authorization 28 Act, section 2856 (the "Legislation"); 29 30 WHEREAS, the City has determined that the Property would be suitable for several 31 potential uses, including a public park, a future fire station, and stormwater facilities; 32 33 WHEREAS, the City and the Navy have reached agreement on the terms for the 34 acquisition of the Property, as follows: in exchange for a deed for the Property,the City and 35 the Navy will enter into a Project Management Agreement ("PMA"), pursuant to which the 36 City will provide in-kind consideration in the form of milling, paving, and striping certain 37 roads within the Naval Air Station Oceana base, as more particularly described in the 38 Summary of Terms attached hereto as Exhibit B and made a part hereof(the "Summary of 39 Terms"), which in-kind consideration services are estimated to cost approximately 40 $3,000,000; 41 42 WHEREAS, funding for the acquisition of the Property, to procure the in-kind 43 consideration and to pay any acquisition-related administrative costs required by the 44 Legislation is available in Open Space Acquisition IV, CIP #100641; 45 46 WHEREAS, to track the funding and provision of in-kind services, City staff proposes 47 establishing capital project 100754 "Midway Manor,"and transferring the $3,000,000 from 40 Capital Project#100641 to Capital Project#100754; and 49 50 WHEREAS,the City Council finds that it is in the best interests of the City to acquire 51 the Property in accordance with the terms of the Summary of Terms for the provision of 52 public services for the benefit of City residents. 53 54 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 1. That the City Council authorizes the acquisition of the Property by purchase 50 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 59 depicted on the plat attached as Exhibit A and described as"Property to be Acquired by the 60 City of Virginia Beach" and subject to the pedestrian-access use restriction depicted on 6i such plat. 62 63 2. That the City Manager or his designee is further authorized to execute all 64 documents (which documents will include the PMA,the documents necessary to effectuate 65 the in-kind consideration work, and the closing documents) that may be necessary or 66 appropriate in connection with the purchase of the Property from the Navy,so long as they 67 are substantially in accordance with the Summary of Terms attached hereto as Exhibit B, 68 and such other terms, conditions and modifications as may be acceptable to the City 69 Manager and in a form deemed satisfactory by the City Attorney. 70 71 3. That Capital Project#100754 "Midway Manor," is hereby established in the 72 FY2025-2026 Capital Improvement Program with a project page attached hereto as Exhibit 73 C and incorporated herein. 74 75 4. That $3,000,000 is hereby transferred from Capital Project #100641, "Open 76 Space Acquisition IV," to Capital Project#100754. 77 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 79 of , 2026. CA16753 R-1 PREPARED: 5/6/26 APPROVED AS TO CONTENT: APP OVED AS TO CON ENT: PUBLIC WORKS, REAL ESTATE BUDGET AfT6 MANAGEMENT SERVICES APPROVED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SUF NCY AND FORM: FINANCE T ORNEY NOTES: WINDSOR OAKS BOULEVARD (60' R/W) NOW OR FORMERLY PEMBROKE DEVELOPMENT COMPANY, L.L.C. 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE FORMERLY BRISTLECONE DRIVE M.B. 106, P. 2� D.B.3672,P. 2138 PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). GPIN: 1476-91-7227 COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY S 23"39'16•E FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA LA 21 98' BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. C1 S 7890•E `� COMMON 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS 354.93' C3 AREA COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. .:: 4:•::•::•:::: N J461,2481545 C2 ':•••;�••••••••• 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 65'27'44"E E 12,179,331.1087 ' 70.00' S 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT N^o CONSTITUTE A SUBDIVISION OF LAND. 00 o 5. PROPERTY TO BE ACQUIRED AND ACCESS TO BE ESTABLISHED BY DEED. - fl ........... . ...... PROPERTY TO BE " c1l AREA TABLE 7 CV ACQUIRED BY THE CITY OF VIRGINIA BEACH z .. .. ........: cmUSA PROPERTY GPIN 1476-90-5569 361.662 Sq. Ft. or 8.76175 A. GPIN: XXXX-XX-XXXX: Lc) :::::.::•:::::::. :: mg ......::.. PROPERTY TO BE ACQUIRED o ?i?rAREA=306,569 S0.fT.:'::'::'::'ir.'::'::'::':�? j BY THE CITY OF NRGINIA BEACH 306.569 Sq. Ft. or Z03786 Ac. LOCATION MAP SCALE, 1" = 1320' rn NOW OR FORMERLY OR 7.03786 A.C. '� GPIN 1476-90-5569 $� m CITY OF VIRGINIA BEACH z USA RESIDUAL PROPERTY LINE DATA CHART w a < W 3 GPN 14 6-90-5569 73,093 Sq. Ft.or 1.72389 Ac ^9 SCHOOL BOARD s z o NUMBER DIRECTION DISTANCE 3 i.l:•:: ::.:.::.::...:.:.:.::::....:.::..:.::.:.:::.::: O v 00 USA PROPERTY GPIN 1476-80-5061 3,8-'041 Sq. Ft. or 87.99451 Ac D.B. 1580, P. 560 n::::::::::::..:....................................�::::::::.... L1 S 7843'40"E 9.69' W U N GPIN: 1476-80-8780 •" PROPERTY OF THE':.:•;;:;:;;•;;• cWn LLJ a PROPERTY TO BE ACQUIRED L2 N 6620'44'E 37.24' S ...........(° ................................ Th BY THE CITY OF NRG/NIA BEACH 402 Sq.Ft. or 0.00923 Ac. _= w'''' '`::UNITED STATES OF':' LL3 c' GPIN 7476-80-5061 L3 N 75'S8'10"E 9.30, 5 N "":.::::`.``::::::::::::AMER CA`:?: ::' ::: Q '- USA RESIDUAL PROPERTY 3,832,639 Sq.Ff. ar 87.98528 Ac. L4 N 6620'44"E 59.66' :•:: .................................................... GPIN 1476-80-5061 v......................................................................� D.B. 1586, P. 291 O W Qj LS S 8T16'a6'E to5.64' z;;: :.............................::::::::::::::.� r- m z AREA TO BE RESTRICTED TO 3549 Sq.Ft. or 0.08/47 Ac...................................................................... � v PEDESTRIAN ACCESS USE ONLY •::::::::.':::.:'::::.GPIN: 1476-90-5569::.:: - Q L6 S 2'43'54'W 50.00' �- z L7 N 8716'06"W 105.64' Q CURVE DATA CHART m L8 S 2'43'54'W 158.89' N NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH s- L9 S 2'43'54"W 15.47' AREA TO BE RESTRICTED TO .......................................... - :.: v L5 """ -- Cl 234.18' 600.77 22'20'01' 118.59' N 763749"E 232,70' L10 N 2'43'S4"E 23.24' PEDESTRIAN ACCESS USE ONLY .............._...... ......:::::::::::.:. AREA =A549 SO.FT. OR 0.08147 AC '.. ::'.N 8T16'O6°'•W•..502.13'?:�::: C2 244.52' 630.00' 2T14'18" 123.82' S 893049"E 242.99' "? L11 N 2'43'54"E 155.81' 396.49' L7 C3 139.52' 630.00' 12'41'20" 70.05' N 7741'22"E 139.24' L12 N 78'31'13'W 20.24' N 7 RESIDUAL PROPERTY 1 C4 159.69' 1357.23' 644'29" 79.94' N 79'20'24"E 159.60' 831'13•W 934.55' J �12 GPIN: 1476-90-5569 r q C5 31.42 20.00' 90'00'00" 20.00' S 68'39'I6"E 28.28' AREA = 75,093 SQ. FT. OR 3 < C6 69.19' 150.00' 26'25'46" 35.22' S 10'28'59"E 68.58' N 1460,J86.0552 1.72389 AC. 7 E 12,179,289.9756 L10 L9 C7 20.69' 50.00' 23'42'2Y 1049' S 7972'55"W 20.54' �1.15' / `3 N 7831,13•W 4 EXlS77NG 4' "1 CQli�o 5 PLAT SHOWING SIDEWALK IW C PROPERTY OF THE 57831'13•E RE PROPERTY QUNITED STATES OF AREA TO BE ACQUIRED FROM TIM p V 1�7.ss'y AREA GRIN 147-80R 0061)0923 AC. BEI`IA E-SECTIO TO 8E ACQUIRED FROM AMERICA N ELEVEN UNITED STATES OF AMERICA D.B. 1533, P. 119 *B' 126, p. 32 W GPIN: 1476-80-5061 aY �EH Op CR'Y Of VIRGINIA FOR BEACH X LEGEND R Z � PARKS ACIP NO.XTXON'70PXf.N SPACE r ,' Da i ����llll,,,, ue. x Lir 426 W • AN FOUND rr 4� O cORNER Nor sET L. d SURVE�o DEPARTMENT Of PUBLIC IKORKS,ENGINEERING GROUP,SURVEY BUREAU ❑ PIN SET ` TEL(757)385-4131;2473 N.LANDING ROAD;BLDG.23;ROOM 160 VIRGINIA BEACH,VM61NIA 23456 BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE DEN07ES PROPERTY TO BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, BE ACQUIRED BY THE -.,.- EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE CITY OF WRON/A BEACH r� NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 109 200' OENO/ES AREA TO BE APPROVED: DATE: ® RESMICTEO TO PEDESTRIAN GRAPHIC SCALE CITY OF VIRGINIA BEACH SHEET DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH ACCESS USE ONLY 1*-100 HEY.SEPT.17,2025 fEBRUARY!!,P023 .lou no.22o18s 1 Of 1 EXHIBIT "B" SUMMARY OF TERMS SELLER: United States of America, Department of the Navy BUYER: City of Virginia Beach PROPERTY: 7.04±-acre portion of 4188 Yorktown Boulevard (portions of GPINs: 1476-90-5569 and 1476-80-5061), as depicted on the plat attached as Exhibit "A" to the Ordinance, and subject to the easement noted on such plat CONSIDERATION: Actual cost of in-kind services to be performed by the City on the Seller's property of NAS Oceana, as set forth in the Scope of Work, attached hereto as Exhibit "B-1" (estimated cost of in-kind services: $3,000,000) SOURCE OF FUNDS: Open Space Acquisition IV, CIP 100641 ADDITIONAL TERMS: • Acquisition is conditioned upon the parties executing a Project Management Agreement ("PMA"), and the satisfaction of all contingencies stated in such agreement. The work to be performed pursuant to the PMA is the milling, paving and striping of certain roads on NAS Oceana base, more particularly described in the Scope of Work (Exhibit "B-1"), which will be an attachment to the PMA. • Property to be conveyed by quitclaim deed, free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • In-kind services under the PMA to be performed as soon as practicable after Settlement • Seller shall pay its own attorney's fees and costs. • City shall bear the administrative costs of obtaining a title report and preparation of closing documents. • A 3,549 Sq. Ft. ( 0.01847 Ac.) portion of the Property will be restricted to use only for pedestrian access. • Acquisition shall comply with the terms of the National Defense Authorization Act of 2022, Section 2856 • City shall require its contractor performing the in-kind consideration services to maintain insurance in the amount of$5 million. • City shall indemnify the Navy for any damages caused during the performance of the in-kind consideration THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Rebecca Deloria Kubin,VSB#34410 TITLE INSURANCE UNDERWRITER:UNKNOWN EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4) QUITCLAIM DEED THIS INDENTURE ("Deed") is made the_day of , 2026 between United States of America, acting by and through the Commanding Officer,Naval Facilities Engineering Systems Command, Mid-Atlantic, Navy, 9742 Maryland Avenue,Norfolk, Virginia 23511, by direction of the Secretary of the Navy, hereinafter referred to as "GOVERNMENT," and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "GRANTEE." It is based upon the following facts: WITNESSETH WHEREAS, Section 2856 of Public Law 117-81,National Defense Authorization Act for Fiscal Year 2021, authorized the Secretary of the Navy to convey to GRANTEE all right, title and interest of the GOVERNMENT in and to a parcel of real property, including any improvements thereon, consisting of approximately 7.12856 acres located at 4200 C Avenue, Virginia Beach, Virginia, and more fully described below"PROPERTY"; NOW, THEREFORE, GOVERNMENT in consideration of Three Million Dollars ($3,000,000.00) in the form of in-kind consideration as described in that Project Management Agreement (the "PMA") entered into by GOVERNMENT and GRANTEE on , 2026, incorporated herein by reference, the parties have agreed to, and do hereby, effectuate the conveyance set forth below. GOVERNMENT does hereby remise, release, and quitclaim unto GRANTEE, its successors, and its assigns, without any warranty express or implied as to the quantity or quality of GOVERNMENT's title, all GOVERNMENT's right, title, and interest in in the PROPERTY. This includes, but is not limited to, the underlying estate, buildings, structures, and improvements, and personal property situated or installed thereon, more fully described on the documents attached to this Deed and incorporated herein as Exhibit A. GRANTEE acknowledges and accepts that this conveyance is subject to any easements and encumbrances of record and subject to the reservations, exceptions, notices, covenants, conditions, and restrictions expressly contained herein, TO HAVE AND TO HOLD the said lots or pieces of ground above described,together with all rights and appurtenances thereto and any way belonging, unto GRANTEE, its successors, and its assigns, subject to any easements and encumbrances of record. GPINs: 1476-90-5569 (portion) and 1476-80-5061 (portion) GRANTEE acknowledges and accepts the condition and state of repair of the PROPERTY, and that the PROPERTY is conveyed "AS IS, and WHERE IS"without representation, warranty or guaranty as to such condition and state of repair, or that the same is in a condition, or fit, to be used for the purpose for which intended. GRANTEE also acknowledges that GOVERNMENT shall not be liable for any latent or patent defects in the PROPERTY, except to the extent required by applicable law and except for the covenants and representations of GOVERNMENT contained hereafter. GRANTEE acknowledges receipt from GOVERNMENT of an Environmental Condition of Property (ECP) Assessment for the PROPERTY; the ECP references restrictions and environmental conditions on the PROPERTY and on other property not subject to the Deed. Those restrictions and environmental conditions described in the ECP which are applicable to the PROPERTY are contained in this Deed. NOTICES, CONVENANTS, CONDITIONS,RESERVATIONS AND RESTRICTIONS Property Covered by Notice, Description,Access Rights, and Covenants Made Pursuant to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. � 9620(h)(3)(A)): For the Property, the GOVERNMENT provides the following notice, description, and covenants and retains the following access rights: i. Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. & 9620(h)(3)(A)(i)(1) and (11)): Pursuant to section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)), available information regarding the type, quantity, and location of hazardous substances and the time at which such substances were stored, released, or disposed of, as defined in section 120(h), is provided in Exhibit B, attached hereto and made a part hereof. ii. Description of Remedial Action Taken, if Any,Pursuant to Section 120(h)(3)(A)(i)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4 9620(h)(3)(A)(i)(III)): Pursuant to section 120(h)(3)(A)(i)(I1I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(III)), a description of the remedial action taken, if any, on the Property, is provided in Exhibit B, attached hereto and made a part hereof. iii. Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Enyirom...•sitA Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9020(h)(3)(A)(ii) and (B)): Pursuant to section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B)), the GOVERNMENT warrants that: a. all remedial action necessary to protect human health and the environment with respect to any hazardous substance identified pursuant to section 2 120(h)(3)(A)(i)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 remaining on the Property has been taken before the date of this Deed, and b. any additional remedial action found to be necessary after the date of this Deed shall be conducted by the GOVERNMENT. iv. Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4 9620(h)(3)(A)(iii)): The GOVERNMENT retains and reserves a perpetual and assignable easement and right of access on, over, and through the PROPERTY, to enter upon the PROPERTY in any case in which a remedial action or corrective action is found to be necessary on the part of the GOVERNMENT, without regard to whether such remedial action or corrective action is on the PROPERTY or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the GOVERNMENT to meet its responsibilities under applicable laws and as provided for in this instrument. Such easement and right of access shall be binding on the GRANTEE and its successors and assigns and shall run with the land. In exercising such easement and right of access, the GOVERNMENT shall provide GRANTEE or its successors or assigns, as the case may be, with reasonable notice of its intcm to enter upon the PROPERTY and exercise its rights under this clause, which notice may be severely curtailed or even eliminated in emergency situations. The GOVERNMENT shall use reasonable means to avoid and to minimize interference with the GRANTEE's and the GRANTEE's successors' and assigns' quiet enjoyment of the PROPERTY. At the completion of work,the work site shall be reasonably restored. Such easement and right of access includes the right to obtain and use utility services, including water, gas, electricity, sewer, and communications services available on the PROPERTY at a reasonable charge to the GOVERNMENT. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the GRANTEE, nor its successors and assigns, for the exercise of the easement and right of access hereby retained and reserved by the GOVERNMENT. In exercising such easement and right of access, neither the GRANTEE nor its successors and assigns, as the case may be, shall have any claims at law or equity against the GOVERNMENT or any officer or employee of the GOVERNMENT based on actions taken by the GOVERNMENT or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause. Provided, however, that nothing in this paragraph shall be considered as a waiver by the GRANTEE and its successors and assigns of any remedy available to them under the Federal Tort Claims Act. 3 Covenant and Restriction re: Navigable Airspace: GRANTEE covenants and agrees, on behalf of itself, its successors, and its assigns, that all construction, alterations, or improvements on the PROPERTY, of whatever type or nature, shall, to extent(if any)required by law, fulfill the requirements of the Federal Aviation Administration for compliance with the regulations set forth in 14 CFR Part 77, entitled "Safe, Efficient Use, and Preservation of the Navigable Airspace," and issued under the authority of the Federal Aviation Act of 1858, as amended. Covenant re: Non-Discrimination: GRANTEE covenants and agrees, on behalf of itself, its successors, and its assigns, not to discriminate upon the basis of race, age, color, sex, religion, or national origin in the use, occupancy, sale, or lease of the PROPERTY. GOVERNMENT shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the PROPERTY. The express easements and restrictions set forth in this Deed shall run with the land and shall endure for such time as required to serve the essential purposes thereof(as reasonably determined by GOVERNMENT or as required by Federal or State agencies). GOVERNMENT shall respond promptly and in good faith to any written request by any owner that GOVERNMENT extinguish or acknowledge the termination of one or more easements or restrictions (because of the full satisfaction of the essential purposes thereof or because of a change in circumstances or law that render such easements and restrictions unnecessary, unreasonable, or impractical). GRANTEE acknowledges that the extinguishment or termination of any easement or restriction may require Federal or State agency approval and it will be the responsibility of GRANTEE to seek such approval. GRANTEE, on behalf of its lessees, licensees, successors and assigns covenants that it shall provide written notice to GOVERNMENT of any subsequent sale, assignment or lease of the PROPERTY, or any portion thereof, and provide contact information concerning the new owner or occupant. Except if and as otherwise provided expressly herein or as prohibited or otherwise required by law. the burdens and benefits of this Deed shall bind and shall inure to the benefit of the parties, of the parties' successors and assigns, and, in turn, of their heirs, successors, assigns, representatives and personal representatives, in perpetuity. Notwithstanding any other provision herein, GOVERNMENT acknowledges that none of the conditions, restrictions, covenants, easements, reservations, or other provisions in this Deed that impose obligations upon GRANTEE, its successors, and its assigns shall create any possibility of"reverter" or other divestiture of title in the event GRANTEE, GRANTEE's successors, or GRANTEE's assigns (or the heirs, successors, or assigns of GRANTEE's successors and assigns, in perpetuity) fail to comply with such provisions. GOVERNMENT acknowledges, to the contrary, that violations of any of the conditions, restrictions, covenants, easements, reservations, or other provisions in this Deed shall give rise only to such causes of action that exist at law or in equity (e.g., if appropriate, an action in specific performance or an action to enjoin conduct that would effect a violation) without affecting the title, interest, and estate granted herein from GOVERNMENT to GRANTEE, GRANTEE's successors, and GRANTEE's assigns (and to the heirs, successors, and assigns of such successors and assigns, in perpetuity). 4 This Deed contains all of the rights, obligations, liabilities, conditions, covenants, reservations and restrictions between GOVERNMENT and GRANTEE, its successors and their assigns, and this Deed supersedes all prior agreements and understandings relating to the PROPERTY, except for the PMA incorporated herein by reference and those provisions of the Purchase Agreement which survive the closing of the conveyance of the PROPERTY pursuant hereto. No other cause of action or claim of any kind that may arise from the Purchase Agreement or any other prior agreement or understanding except for the PMA and those provisions of the Purchase Agreement surviving closing shall survive, nor shall any be actionable, after the effective date of this Deed. IN WITNESS WHEREOF, the undersigned, acting pursuant to the authority vested unto her as Real Estate Contracting Officer for the GOVERNMENT, has hereunto executed this Deed the day and year first written above. UNITED STATES OF AMERICA By: AMANDA R.M. PACK Real Estate Contracting Officer Naval Facilities Engineering Systems Command Mid-Atlantic Commonwealth of Virginia ) City of Norfolk ) The foregoing instrument was acknowledged before me this day of , 2026, by Amanda R.M. Pack, Real Estate Contracting officer, on behalf of the United States of America. Notary Public My Commission expires: Commission number: 5 Certificate of Address: I certify that the precise street address of the GRANTEE in the foregoing instrument is as follows: CITY OF VIRGINIA BEACH 2401 Courthouse Drive Virginia Beach, VA 23456 APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH: City Attorney APPROVED AS TO CONTENT: Public Works/Real Estate 6 COMMONWEALTH OF VIRGINIA SS. CITY OF NORFOLK On this, the_day of 2026, before me, a notary public,personally appeared , known or satisfactorily proven to be a Real Estate Contracting Officer of the Mid-Atlantic of the Naval Facilities Engineering Command of the Department of the Navy of the United States of America, who, in such capacity, and confirming her authority to do so, executed the foregoing Deed, affixing her signature thereto, for the purpose set forth therein and desiring that it be recorded as such. In witness whereof, I have hereunto set my hand and official seal. Print Name: Notary Public My commission expires: 7 Exhibit A LEGAL DESCRIPTION OF THE PROPERTY Legal Description for Property at Midway Manor to be conveyed from the United States of America to the City of Virginia Beach ALL THAT certain lot, piece or parcel of land, together with the improvements thereunto belonging, and lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as "PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH GPIN: XXX-XX-XXX AREA=306,569 SQ. FT. OR 7.03786 AC. PROPERTY OF THE UNITED STATES OF AMERICA D.B. 1586, P. 291 GPIN: 1476-90-5569" and"AREA TO BE ACQUIRED FROM GPIN 1476-80-5061 AREA =402 SQ. FT. OR 0.00923 AC."and further respectively described as "PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH GPIN 1476-90-5569 306,569 SQ. FT. OR 7.03786 AC." and"PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH GPIN: 1476-80-5061 402 SQ. FT. OR 0.00923 AC.," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM UNITED STATES OF AMERICA BY CITY OF VIRGINIA BEACH FOR PARKS & RECREATION OPEN SPACE CIP NO. X-XX.XXX," Scale: 1"= 100', dated February 2, 2023 and revised through September 17, 2025, prepared by Department of Public Works, Engineering Group, Survey, Bureau, which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number , to which reference is hereby made for a more particular description. Being further described by metes and bounds as follows: Beginning at a point on the southern right of way line of Windsor Oaks Boulevard (formerly Bristlecone Dr.) in the northwest corner of the subject property, where it adjoins the northeast corner of the property owned by the City of Virginia Beach School Board and marked by a pin found at the following coordinates: N 3,461,248.1545 E 12,179,331.1087 (the "POINT OF BEGINNING"), from the POINT OF BEGINNING and running the following courses and distances: Commencing at the Point of Beginning and running along the southern right-of-way line of Windsor Oaks Boulevard S 78°43'40" E a distance of 9.69' to a point; thence running along a curve to the left having an arc of 244.52', a radius of 630.00', a chord direction S 89°50'49" E and a chord length of 242.99' to a point; thence leaving the southern right-of-way line of Windsor Oaks Boulevard along a curve to the left having an arc of 159.69', a radius of 1,357.23', a chord direction of N 79°20'24" E, and chord length of 159.60' to a point: thence turning and running N 75'58'10"E a distance of 9.30' to a point where the northeastern corner of the subject property adjoins the northwestern corner of Lot 1, on the Plat of Timberlake Section Ten (M.B. 122, P. 48); thence turning and running along the western property line of those lots designated as Lots 1-12 on the Plat of Timberlake Section Ten S 2°43'54" W a distance of 706.41' to a pin found on the southwest corner of Lot 12 on the Plat of Timberlake Section Ten; thence turning and running S 87°16'06" E a distance of 105.64' to a pin on the southeast corner of Lot 12 where it adjoins the western right-of-way line of Banyan Drive; thence running along the western right-of-way line of Banyan Drive S 2°43'54" W a distance of 50.00' to a pin found; thence turning and leaving the western right-of-way line of Banyan Drive and running N 8716'06" W a distance of 105.64' to a pin found ; thence continuing along the same course a distance of 396.49' to a point; thence turning and running S 2°43'54" W a distance of 158.89' to a point; thence continuing along the same course a distance of 15.47' to a point on the northern edge of an existing 4' sidewalk located on the property of the United States of America GPIN: 1476-80-5061; thence turning and running along a curve to the right having an arc of 20.69', a radius of 50.00', a chord direction of S 79°32'55" W and a chord length of 20.54' to a point on the same existing sidewalk; thence turning and running N 2°43'54" E a distance of 23.24' to a pin found located on the aforementioned property of the City of Virginia Beach School Board; thence continuing along the same course a distance of 155.81' to a point; thence continuing along the same course a distance of 707.27' to the POINT OF BEGINNING; such property containing 306,569 square feet or 7.03786 acres, more or less. EXPRESSLY SUBJECT to that certain restriction to pedestrian access use on the areas designated and described as "AREA TO BE RESTRICTED TO PEDESTRIAN ACCESS USE ONLY AREA = 3,549 SQ. FT. OR 0,08147 AC." and further described as "AREA TO BE RESTRICTED TO PEDESTRIAN ACCESS USE ONLY 3,549 SQ. FT. OR 0.08147 AC.,"as shown on the aforesaid plat. IT BEING a portion of the same property conveyed to the United States of America, by Deed dated July 30, 1976 from Terry Corporation of Virginia, a Virginia corporation,recorded in the aforesaid Clerk's Office in Deed Book 1586, at page 291, and being a portion of the same property conveyed to the United States of America by Deed from R and R Corporation, dated December 12, 1975, and recorded in the aforesaid Clerk's Office in Deed Book 1533, at page 119. 9 RETAINED AREA 10 1583091.9 05/1 3/2026 EXHIBIT "B-1" 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the City), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph(1). (b) Consideration (1) In general As consideration for the conveyance under subsection(a)(1),the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph(2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana,Virginia,that the Secretary considers acceptable. (3) Disposition of funds Cash received in exchange for the fee title of the property conveyed under subsection(a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph(B)(ii) of such section. (c) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected under paragraph(1)in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection(a)(1),the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received Amounts received as reimbursement under paragraph(1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection(a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection(a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy. (e) Additional terms and conditions The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States. EXHIBIT nCn City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project: 100754 Title:Midway Manor Status:Proposed Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type Project Location Project Type:Site Acquisition District:10 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 3,000,000 3,000,000 0 0 0 0 0 0 0 Description and Scope This project is for the acquisition of property at 4188 Yorktown Blvd from the Department of the Navy.The purchase price will be paid by the City in the form of in-kind services,meaning the City will pay the actual cost of performing milling,paving,and striping of certain streets within the boundaries of NAS Oceana, which has an estimated cost of approximately$3,000,000. Purpose T e Departme-ntoT the Navy owne an 8.76+ -acre parce o an in Midway Manor housing eve opment located at 4188 Yorktown Bou evar GPINs:1476-90- 5569 and small portion of 1476-80-5061)in the City of Virginia Beach,Virginia. The Navy determined a 7.04+/-acre portion of the parcel was in excess of its needs and has been authorized by Congress to convey it to the City,in Section 2856 of the 2022 National Defense Authorization Act. The Navy desires to retain the remainder of the site for the CYP Midway Manor Youth Program building and the portion of land the youth program would require for its operations.The City determined that the Property would be suitable for several potential uses,including a public park,a future fire station,and stormwater facilities.The Property has road frontage on Windsor Oaks Boulevard,and it is adjacent to White Oak Elementary School. History and Current Status This project was approved by the City Council on May 19,2026 and was funded through a transfer of appropriations from 100641'Open Space Acquisition." Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Site Acquisition 05/26-06/27 3,000,000 Total Budgetary Cost Estimate: 3,000,000 Means of Financing Funding Subclass Amount Local Funding 0 PAYGO-Open Space 3,000,000 Total Funding: 3,000,000 NO MAP REQUIRED ` -AHOLLANp \ N } S SITE-- of e�►%p �qcr yp FERRET-�'�FSS,� vyNPWAVEN D t 00 �' gARKLEAF Dp r0 07 6PN`lAN DR. � O - o "V LOCATION MAP gnANTA DR o yoRK PROPOSED ACQUISITION OF Legend MIDWAY MANOR 9 0 PROPERTY OWNER: o' UNITED STATES OF AMERICA CITY PROPERTY p' ' 6 GPINs: 1476-90-5569 & 1476-80-5061 F1 O, PROPERTY TO BE 0 ® „ 0 200 400 ACQUIRED ° 1 Feet �reparedBy MWPWEng,SurveyBureau uweys?PRQJLcrswcGisProjects+ReatEstate akiapsQ60152GPINaprx WIJ�DSpRR AKs `�Y �L li o, tt V BpR Ill r�l �.EAF DR r �, . A D LOCATION MAP ATtA L; " PROPOSED ACQUISITION t ,. A OR YDRK n . OF ��. MIDWAY MANOR -E'•g�'r1d �� PROPERTY OWNER: UNITED STATES OF AMERICA GPINs: 1476-90-5569 & 1476-80-5061 CITY PROPERTY O PROPERTY TO BE �u 0 200 400 K ACQUIRED _ ,', r �"'" Feet p a epar y:MW,,P W Eng'r urvey ureaut - ys is VrojecWHeal Estate,Agenda klaps,260152 71N 1476-90-5569N76-90-95.69 Aeria7a—pa r04 ��S•'�,7 ,tfix bij CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2025-26 Department of Housing and Neighborhood Preservation Budget for the Housing Choice Voucher Program MEETING DATE: May 19, 2026 ■ Background: The Department of Housing & Neighborhood Preservation is requesting to amend the FY 2025-26 Operating Budget of the Federal Section 8 Grant Fund for the Housing Choice Voucher (HCV) Program as follows: • Appropriate $1,000,000 of additional funding from the Federal Department of Housing and Urban Development (HUD) for HCV Rental Housing Assistance Payments. • Appropriate $60,000 of existing HCV Fund Balance for HCV program operations. The HCV program is a federal program that is administered by the Department of Housing and Neighborhood Preservation. The HCV program assists low-income individuals in obtaining safe and reliable housing. HCV subsidizes a portion of rent, allowing recipients to choose their own housing as long as it meets program requirements. ■ Considerations: The proposed adjustments are needed to utilize the funding from HUD for the HCV program. Without these adjustments the department will not be able to make the necessary rental payments or ensure proper ongoing operations. At the end of the City's fiscal year, any funds earned/received in excess of expenses will automatically fall to fund balance of the Federal Section 8 Fund. ■ Public Information: Normal City Council agenda process ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & Neighborhood Preservation City Manager: 41�2 1 AN ORDINANCE TO AMEND THE FY 2025-26 2 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 3 PRESERVATION BUDGET FOR THE HOUSING CHOICE 4 VOUCHER PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,000,000 is hereby accepted from the Federal Department of Housing and 10 Urban Development and appropriated, with revenue increased accordingly, to 11 the FY 2025-26 Operating Budget of the Department of Housing and 12 Neighborhood Preservation as part of the Housing Choice Voucher program. 13 14 2) $60,000 of fund balance from the Federal Section 8 Fund is hereby 15 appropriated, with revenue increased accordingly, to the FY 2025-26 Operating 16 Budget of the Department of Housing and Neighborhood Preservation to 17 support Housing Choice Voucher program operations. 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: B dget and Management Services pity Att y's Office CA17227 R-1 May 5, 2026 ((Oh y.w:gib c CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate State Revenue from the Virginia Department of Education Child Care Subsidy Program to Expand Access to Preschool Services MEETING DATE: May 19, 2026 ■ Background: The Department of Parks and Recreation's early childhood programs are licensed through the Virginia Department of Education and serve some of the City's youngest populations (three- to five-year-olds). The program's focus is on social-emotional learning, building life-long skills, and preparing the children for kindergarten. The Department of Parks and Recreation is working to be a Child Care Subsidy Program vendor with the Virginia Department of Education beginning in FY 2026-27. This state subsidy program partners with providers across Virginia to make high-quality care more affordable to eligible families. This is an opportunity for the Department of Parks and Recreation to expand access to the publicly funded preschool services for unserved and underserved three-to-five-year-old children. There is no cost to the City to be a subsidy vendor and no local match requirement to receive these funds. The VDOE will provide these funds as they are available, with the potential for the Department of Parks and Recreation to receive up to $10,164 per program participant who meets eligibility requirements. For the School Year 2025-26, the Bow Creek Recreation Center served 31 children with 35% of families relying on reduced fees in order to access the program. Having the ability to receive a VDOE Subsidy reimbursement for those 35% of families has the potential to increase revenue from $237,600 to $285,120, an increase of $47,520 in FY 2026-27. Early childhood program revenue from the State would increase in the Department of Parks and Recreation and would lessen the program's reliance on General Fund support. In addition, the Mixed Delivery Program Grant, which provides a similar opportunity for eligible families to afford high quality care at the Williams Farm Recreation Center, has reduced the available spots for the School Year 2026-27 from 25 to 15. Serving as a VDOE Subsidy vendor allows the Department of Parks and Recreation the potential to provide additional low-to no-cost care for eligible families at the Williams Farm Recreation Center. ■ Considerations: By participating in this VDOE Child Care Subsidy Program, the Department of Parks and Recreation's early childhood programs will be able to increase the access of the City's most vulnerable population to high quality preschool services, improve program quality through class support, engage families in the decision-making process, and promote racial equality in access to high quality early childhood programs. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager:AQ2 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE REVENUE FROM THE VIRGINIA DEPARTMENT 3 OF EDUCATION CHILD CARE SUBSIDY PROGRAM TO 4 EXPAND ACCESS TO PRESCHOOL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $47,520 is hereby accepted from the Virginia Department of Education and 10 appropriated, with state revenue increased accordingly, to the FY 2026-27 11 Operating Budget of the Department of Parks and Recreation for the purpose of 12 supporting programs focused on expanding access to preschool services. 13 14 2. This ordinance shall be effective July 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C/O A A A Budget and Management S rvices ]Cji ;rn�cey's Office CA17229 R-1 May 5, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from Region V Community Service Boards to Provide Cost Share Support for the Regional Marcus Alert Liaison Position MEETING DATE: May 19, 2026 ■ Background: The Virginia Beach Department of Human Services employs the Regional Marcus Alert Liaison to support the ongoing coordination of Marcus Alert across Region V. The participating regional Community Service Boards (CSBs) are required by the Virginia Department of Behavioral Health and Developmental Services to share in the cost of the Regional Marcus Alert Liaison. This is an existing position within Human Services, and this appropriation will reimburse the City for the FY 2026 cost. In addition to the City of Virginia Beach, other participating cities ands CSBs include Chesapeake, Norfolk, Portsmouth, Hampton-Newport News CSB, Western Tidewater CSB, Colonial Behavioral Health, and Middle Peninsula Northern Neck Behavioral Health. ■ Considerations: Based upon the amounts agreed upon by participating cities or CSBs, Virginia Beach will receive $12,620.50 from the participating cities or CSBs for a total of$88,343.50. ■ Public Information: Normal Council Agenda process ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:^ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM REGION V COMMUNITY SERVICE 3 BOARDS TO PROVIDE COST SHARE SUPPORT FOR THE 4 REGIONAL MARCUS ALERT LIAISON POSITION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $12,620.50 is hereby accepted from the Hampton-Newport News Community 10 Services Board and appropriated, with revenue increased accordingly, to the 11 FY 2025-26 Operating Budget of the Department of Human Services. 12 13 2) $12,620.50 is hereby accepted from the Western Tidewater Community 14 Services Board and appropriated, with revenue increased accordingly, to the 15 FY 2025-26 Operating Budget of the Department of Human Services. 16 17 3) $12,620.50 is hereby accepted from the Norfolk Community Services Board 18 and appropriated, with revenue increased accordingly, to the FY 2025-26 19 Operating Budget of the Department of Human Services. 20 21 4) $12,620.50 is hereby accepted from the Chesapeake Community Services 22 Board and appropriated, with revenue increased accordingly, to the FY 2025- 23 26 Operating Budget of the Department of Human Services. 24 25 5) $12,620.50 is hereby accepted from the Portsmouth Community Services 26 Board and appropriated, with revenue increased accordingly, to the FY 2025- 27 26 Operating Budget of the Department of Human Services. 28 29 6) $12,620.50 is hereby accepted from Colonial Behavioral Health and 30 appropriated, with revenue increased accordingly, to the FY 2025-26 Operating 31 Budget of the Department of Human Services. 32 33 7) $12,620.50 is hereby accepted from Middle Peninsula Northern Neck 34 Behavioral Health and appropriated, with revenue increased accordingly, to the 35 FY 2025-26 Operating Budget of the Department of Human Services. 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 y Attorneys Office CA-17222 R-1 May 5, 2026 �sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer up to $1,213,358 in General Fund Vacancy Savings to the Sheriff's Office Special Revenue Fund to Pay Increased Food and Medical Costs MEETING DATE: May 19, 2026 ■ Background: The Virginia Beach Sheriff's Office utilizes contracts with external providers for food and medical services for inmates. The current Food Contract has been active since FY 2024-25 and the current Medical Contract has been active since FY 2023- 24. Both the Food and Medical Contracts have been subject to high inflationary pressures over the past few years which, in conjunction with additional unscheduled costs, have depleted their budgeted funds. For FY 2025-26, the Food Contract was budgeted for $1,600,000, with an expected weekly invoice of$30,769; however rising food prices have resulted in an average weekly invoice over $33,000. The budget for the Food Contract is anticipated to run out by the end of May 2026. The line-item budget requires an estimated $245,344 to fund the remaining charges through the end of the fiscal year. For FY 2025-26, the Medical Contract was budgeted for $7,884,776. The contract received a mid-year 5% CPI cost adjustment, which has not been reflected in the line- item budget. Additionally, the line-item budget only accounts for the core services. If sufficient medical services cannot be provided on-site, the contractor is responsible for hospitalizations, which the City is billed for on top of the standard monthly bill. The rate of hospitalizations is not reliably consistent due to the uncertainty of the health of the inmate population at any point in the year, as well as the influx of the new inmates with additional health problems. FY 2025-26 has seen above average rates of hospitalization, leading to over$1 million in additional fees for such hospitalizations. The current balance of the line- item balance is not sufficient to pay the May and June bills, which will require an additional $1,056,014. Additionally, any hospitalizations in May and June will further increase the cost of the contract. The Sheriff's Office Special Revenue Fund currently does not have the capacity to fully fund these upcoming costs. VBSO's operating budget is expected to be fully expended by the end of the fiscal year. Some personnel funding is available. Staff estimates that the department will have $288,000 in vacancy savings available at the end of the year. This is enough to fund the remaining charges for the Food Contract, but not the Medical Contract. To bridge the remaining gap, staff recommends utilizing General Fund vacancy savings. ■ Considerations: Virginia Code requires localities to fund medical and food costs of the jail population. Therefore, this action is necessary to fully fund the obligation. Because the total cost of inmate medical care is not certain, this action authorizes an amount up to $1,213,358 to be transferred from the General Fund to the Sheriff's Special Revenue Fund. If the total amount is not required, the unused amounts will lapse to the fund balance of the General Fund. ■ Recommendations: Adopt the attached ordinance. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Sheriff's Office City Manager: /4,9 1 AN ORDINANCE TO TRANSFER UP TO $1,213,358 IN 2 GENERAL FUND VACANCY SAVINGS TO THE SHERIFF'S 3 OFFICE SPECIAL REVENUE FUND TO PAY INCREASED 4 FOOD AND MEDICAL COSTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 Up to $1,213,358 is hereby transferred from vacancy savings in the General Fund 10 to the FY 2025-26 Operating Budget of the Sheriff's Office for increased food and medical 11 costs. The final amount of such transfer shall be memorialized at the end of the fiscal 12 year, and any unused funds shall lapse to the fund balance of the General Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL.SUFFICIENCY: I f { y r A�la_ L Budget and Management Services y orney's Office CA17223 R-2 May 5, 2026 L. PLANNING 1. LIGHTHOUSE DEVELOPMENT, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re resubdivide six (6) existing parcels to create five (5) single-family lots at 125, 129, 133 & 137 Ash Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 2. DELIGHT 7B VA, LLC/ R. DAWSON TAYLOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) existing parcels to create a buildable lot for a 7 Brew coffee shop at 1605 Laskin Road & parcel South of 1605 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. RICHARD P. & HELENE D. SCHROEDER for a Street Closure re one-half portion of an unnamed, unimproved fifteen (15)-foot wide alley adjacent to the rear of 621 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 4. CAVALIER ADVISORS, LLC for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4504 Myrtle Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 5. JOSEPH L. & KRISTI A. SULLIVAN for a Street Closure re one-half portion of an unimproved, unnamed alley adjacent to 4502 Myrtle Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 6. STEVE BARNES /STEVE R. & CYNTHIA W. BARNES for a Modification of Conditions to a Conditional Use Permit re food truck and picnic tables at 1100 Sandbridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 7. COMMONWEALTH BREWING COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re allow for an additional 180-day extension to obtain all permits and commence construction at 2440 & 2444 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 8. MONTESSORI SCHOOL HOUSE, LLC/ HONGQUAN SHENG & CHUNFANG LI for a Conditional Use Permit re family day-care home at 249 Brickhaven Drive DISTRICT 1 RECOMMENDATION: APPROVAL 9. COLIN NANNERY/ LOWER 40 LLC fora Conditional Use Permit re bicycle and moped rental establishments at 3713 Sandpiper Road DISTRICT 2 RECOMMENDATION: APPROVAL 10. REGAN KNUTSON for a Conditional Use Permit for a home-based wildlife rehabilitation facility at 3421 Alcott Road DISTRICT 8 RECOMMENDATION: APPROVAL 11. PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re deviate from the build-to-zone requirement of the Central Business Core (CBC) District Form- Based for development of a 284-unit mixed-use building within the interior portion of the Pembroke Mall redevelopment area at 4554 Virginia Beach Boulevard DISTRICT 9 RECOMMENDATION: APPROVAL 12. JASON SCOTT TROMBLY for a Conditional Use Permit re short term rental at 213 161h Street DISTRICT 5 RECOMMENDATION: APPROVAL 13. MID-ATLANTIC PROPERTY HOLDINGS, LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 101 DISTRICT 6 RECOMMENDATION: APPROVAL 14. THOMAS GLEN DAVIS AND NANCY RODIO DAVIS/THOMAS GLEN DAVIS for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Suite 205 DISTRICT 6 RECOMMENDATION: APPROVAL 15. Ordinance to AMEND City Zoning Ordinance (CZO) Section 1001 re crematories in the Industrial District RECOMMENDATION: APPROVAL ? i �w f NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,May 19,2026 at 6:00 p.m. In the Council Chamber at City Hall,Building 1,2m Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either In-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385 4303 prior to 5:00 p.m.on May 19, 2026. 2. Download WebEx and view the meeting at: htta5;11-"Qy weba&om/wpblink/register/r8ddO45e884c2dccb945a12ga0edeE= The following requests are scheduled to be heard: Lighthouse Development, LLC (Applicant & Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Addresses: 125, 129, 133, & 137 Ash Avenue GPINs: 1477945415, 1477945516 City Council:District 4(Ross-Hammond) Delight 78 VA LLC Property Owner:R.Dawson Taylor LLC Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Addresses:1605 Laskin Road&parcel south of 1605 Laskin Road GPINs: 240798488,2407984681 City Council:District 6(Remick) Richard P.&Helene D.Schroeder(Applicant)Street Closure Adjacent Address:621 Vanderbilt Avenue Adjacent GPIN:2426384617 City Council:District 5(Wilson) Cavalier Advisors,LLC&Joseph L.&Kristi A.Sullivan(Applicants)Street Closure Adjacent Addresses: 4502&4504 Myrtle Avenue Adjacent GPINs:2418878342,2418878275 City Council: District 6 (Remick) Steve Barnes Property Owners:Steve R&Cynthia W Barnes Modification of Conditions Address:1100 Sandbridge Road GPIN:2423254722 City Council:District 2(Henley) Commonwealth Brewing Company,LLC(Applicant&Owner)Modification of Conditions Addresses: 2440 & 2444 Pleasure House Road GPINs: 1570501631,1570502725 City Council: District 9 (Schulman) Montessori School House LLC Property Owner:Hongquan Sheng and Chunfang Li Conditional Use Permit(Family Day-Care Home)Address:249 Brickhaven Drive GPIN: 1467710130 City Council: District 1(Hutcheson) Colin Nannery Property Owner: Lower 40 LLC Conditional Use Permit(Bicycle and Moped Rental Establishments)Address:3713 Sandpiper Road GPIN:2432636140 City Council:District 2(Henley) Regan Knutson (Applicant & Owner)Conditional Use Permit (Home BasedWildlife Rehabilitation Facility)Address:3421 Alcott Road GPIN:1487752810 City Council District 8(Cummings) Pembroke Square Associates LLC(Applicant&Owner)Alternative Compliance Address:4554 Virginia Beach Boulevard GPIN:1477554898 City Council:District 9(Schulman) Jason Scott Trombly(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:213 16th Street GPIN:24271678310213 City Council:District 5(Wilson) Mid-Atlantic Property Holdings,LLC(Applicant&Owner)Conditional Use Permit(Short Term Rental) Address:4005 Atlantic Avenue,Suite 101 GPIN:24280514483750 City Council:District 6(Remick) Thomas Glen Davis and Nancy Rodio Davis Property Owner:Thomas Glen Davis Conditional Use Permit (Short Term Rental)Address:4005 Atlantic Avenue,Suite 205 GPIN:24280514483970 City Council: District 6(Remick) CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO CREMATORIES IN THE INDUSTRIAL DISTRICT Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center, Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc.For Information call 757-3854621. 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/citycouncil for the most updated meeting information. Amanda Barnes,MMC City Clerk PILOT May 5,2026&May 12,2026-1 TIME 1 R5D --- R5D E-3� I DUTCH ST R5D W a 0 Q R'5D Q THALIA STATION CIR a z R5C�_ AU m Z R5D THALIA STATION CIR ® site Lighthouse Development, LLC p zoning 125, 129, 133, & 137 Ash Avenue Property Polygons Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 r t ro .Z �VV�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LIGHTHOUSE DEVELOPMENT, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the properties located at 125, 129, 133, & 137 Ash Avenue (GPINs 1477945415, 1477945516). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: May 19, 2026 ■ Background: The subject property is comprised of six parcels, five of which were created by plat in 1893 and are considered legally nonconforming within the R-5D Residential Zoning District. The sixth parcel, a 15-foot-wide portion of Lot 32, was improperly subdivided by a Deed of Conveyance in 1961. The applicant is proposing to resubdivide the six existing parcels containing two duplex buildings to create five single-family lots. The proposal would eliminate the improperly created parcel while enlarging the five legally nonconforming lots. ■ Considerations: The application would result in a reduction in the number of nonconforming parcels and improve the buildable footprint available for development. Section 4.4(b) of the Subdivision Regulations states that when all parcels within a subdivision were legally created, they may resubdivide by right if no greater degree of nonconformity is created. Five of the subject parcels were legally created and can be built upon by-right; however, since the sixth parcel was improperly created, a Subdivision Variance must be granted for the substandard lot dimensions. The five proposed lots measure 4,560 square feet in lot area and 38 feet in lot width, which would serve to improve the buildable footprint available for development. As five single- family dwellings can already be constructed by-right, this request allows the infill development to more closely meet our Zoning Ordinance while also eliminating an improperly established parcel that could not be built upon. Staff received one letter of concern related to this request, and there were two speakers at the Planning Commission hearing, who expressed concerns about drainage and flooding concerns in the area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Lighthouse Development, LLC Page 2 of 2 ■ Recommendation: On April 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Resubdivision of Lots 27, 28, 29, 30, 31, and 15' of Lot 32, Block 13, Map No. 2, G.W. Deal's Land Near Jacksondale" dated November 14, 2025, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The lots shall only be approved for the construction of single-family dwellings and permitted accessory structures within the R-51D Residential Zoning District. When the lots are developed, they shall substantially conform to the architectural elevations exhibited to City Council and contained within this report. No building shall be constructed with an identical design on any lot directly adjacent to a lot where the same design has been used. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: f Agenda CouncilApplicant and Property Owner: Lighthouse Development, LLC Planning Commission Public Hearing: April 8, 2026 V_B_ City '• • • Project Details Request Subdivision Variance (Variance to Section 4.4(b) for lot area and lot width) 5 a u SEEygtN� v: Staff Recommendation 1�� VIRGINUI BEACH Approval o, Staff Planner r it� < DUTCH ST Aubrey A. Trebilcock Location — -� THAV IP T"""" - ' I STATIOBC W-^ W •tt - 125, 129, 133, & 137 Ash Avenue 1477945415, 1477945516Q � Site Size �y -� lL ._BONNEYI7D.:: w 11 -p " 22,800 square feet °" AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ' . } . :'. S Duplexes/ R-5D Residential ' Surrounding Land Uses and Zoning Districts TNaua' . � TAtTION'CIR � North m4 Duplex/ R-5D Residential SouthJTL F s Single-family Dwelling/ R-5D Residential East , OW� -0i , { Ash Avenue _ �.�ii .., .I Apartments/A-18 Apartment West Single-family dwellings, Duplex/ R-SD Residential Lighthouse Development, LLC Agenda Item 2 page 1 of 15 Background SummaryofProposal • The subject property is comprised of six parcels of land, five of which were legally created by plat in 1893. The properties are zoned R-5D Residential. • The five legal parcels, platted in Map Book 70, Page 7, consist of Lots 27, 28, 29, 30, and 31 in Block 31, Map No. 2 of G.W. Deal's Land Near Jacksondale. Each measures 4,200 square feet in lot area with 35-foot lot widths. As these lots were established prior to the creation of the City's Zoning Ordinance, they are considered legally non-conforming lots. • The sixth parcel, a 15-foot wide portion of Lot 32, was improperly subdivided by a Deed of Conveyance that was recorded on October 1, 1961. A subdivision plat was required to subdivide property in 1961, therefore this 15-foot wide parcel is not considered a legal lot. • The site currently contains two duplexes, addressed as 125, 129, 133, and 137 Ash Avenue, developed across the 6 parcels.The applicant is proposing to remove the duplexes and construct five single-family dwellings. • The minimum lot dimensions for single-family dwellings within the R-5D Residential Zoning District are 5,000 square feet in lot size, 50 feet in lot width, and 40 feet of street line frontage. • The proposed lots would each have a lot area of 4,560 square feet with lot widths and frontages of 38 feet. This would result in five lots with reduced nonconformities compared to the current six nonconforming parcels. Section 4.4(b) of the Subdivision Regulations states that "existing lots which fail to conform to present applicable zoning regulations may also be resubdivided to less than current minimum zoning standards where the following apply: (1) The existing lots have been legally created; and (2) The resulting lots conform to applicable requirements in each respect that the existing lots conform, and in those respects that the existing lots do not conform, no greater degree of nonconformity than that already present would result. • The proposed resubdivision does qualify for Section 4.4(b)(2) above as the application reduces nonconformity. However, while five of the subject parcels were created legally, since the 15-foot wide parcel was created improperly by deed, the application does not meet Section 4.4(b)(1), thereby creating the need for a Subdivision Variance to lot area and lot width. Lighthouse Development, LLC Agenda Item 2 page 2 of 15 Required Proposed Required Proposed Required Proposed Street Line Street Proposed Lot Lot Area Lot Area Lot Width Lot Width Frontage Line Frontage(square (square feet) (feet) (feet) (feet) Lot 27A 5,000 4,560* 50 38* 40 38* Lot 28A 5,000 4,560* 50 38* 40 38* Lot 29A 5,000 4,560* 50 38* 40 38* Lot 30A 5,000 4,560* 50 38* 40 38* Lot 31A 5,000 4,560* 50 38* 40 38* * indicates a substandard value that requires a Variance Zoning History No Zoning History to Report W a w o TMALIA STATION co - % Q CIR z 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 Lighthouse Development, LLC Agenda Item 2 page 3 of 15 Evaluation ► Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant is proposing to resubdivide six existing parcels containing two duplex buildings to create five single-family lots. These parcels are within the R-5D Residential Zoning District and require a minimum lot size of 5,000 square feet, lot width of 50 feet, and street line frontage of 40 feet for a single-family dwelling. Five of the existing parcels are 4,200 square feet in size, 35 feet in width, and are considered legally nonconforming. The sixth parcel is 1,800 square feet in size, 15 feet in width, and was created improperly by deed. The application would result in a reduction of the number of nonconforming parcels and improve the buildable footprint available for development. Section 4.4(b) of the Subdivision Regulations states that when all parcels within a subdivision were legally created, they may resubdivide by-right if no greater degree of nonconformity is created. Five of the subject parcels were legally created and can be built upon by-right; however, since the sixth parcel was improperly created, the property cannot be resubdivided by-right and a Subdivision Variance must be granted for the substandard lot dimensions. The five proposed lots measure 4,560 square feet in lot area and 38 feet in lot width which would serve to improve the buildable footprint available for development. As five single-family dwellings can already be constructed by-right, this request allows the infill development to more closely meet our Zoning Ordinance while also eliminating an improperly established parcel that could not be built upon. The surrounding neighborhood was developed in the late 1800's, well before the establishment of a Zoning Ordinance and most lots consist of single-family homes constructed on 4,200 square foot, 35-foot wide, legally nonconforming lots that were originally platted in 1893. The subject proposal is not out of character with the neighborhood and serves to clean up an improper subdivision while granting property owners a vital few extra feet to accommodate development within the 8-foot-wide side setbacks.This compatibility meets the infill development guidelines of the Suburban Area section of the Comprehensive Plan and should not look out of Lighthouse Development, LLC Agenda Item 2 page 4 of 15 place or negatively impact neighbors. As a result, Staff is recommending approval of this application, subject to the conditions provided below. Recommended Conditions 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Resubdivision of Lots 27, 28, 29, 30, 31, and 15' of Lot 32, Block 13, Map No. 2, G.W. Deal's Land Near Jacksondale" dated November 14, 2025, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The lots shall only be approved for the construction of single-family dwellings and permitted accessory structures within the R-SD Residential Zoning District. When the lots are developed, they shall substantially conform to the architectural elevations exhibited to City Council and contained within this report. No building shall be constructed with an identical design on any lot directly adjacent to a lot where the same design has been used. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive • • The Comprehensive Plan identifies this property as being within the Suburban Area.The Land Use Policies and Principles of this area seek to create and maintain neighborhood stability and sustainability to create "Great Neighborhoods." The Comprehensive Plan asks that "infill development on small vacant parcels within an existing neighborhood or on parcels being redeveloped should be compatible to the existing development around it. Designing a structure that is scaled and proportioned with surrounding development is typically more difficult than utilizing a design that simply fits the site and meets zoning regulations.The result, however, Lighthouse Development, LLC Agenda Item 2 page 5 of 15 is a structure compatible with the neighborhood with respect to land use and design and will give the impression to those who pass by that it has always been part of the original development." (p. 1-58 through 1- 62) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-28 ADT Ash Avenue N/A N/A Proposed Land Use 3-50 ADT 1 Average Daily Trips 2As defined by two 'As defined by five Duplexes Single-Family Dwellings Master Transportation Plan(MTP)and Capital Improvement Program (C/P) Ash Avenue is a two-lane, undivided local collector street. There are currently no CIP projects scheduled for Ash Avenue. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. Lighthouse Development, LLC Agenda Item 2 page 6 of 15 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Lighthouse Development, LLC Agenda Item 2 page 7 of 15 Proposed Layout N O 1 N N N U S (L33dtL5 18f.1%7�MRIf ti C N 0 L-Ra s HOLDW b IL p C� Z a Z o �rj E'� ".er z m a _ 113N39'f FI13f1YZfp x a<r o O • - .aaozr J,LF,I.sy w N O d V M - —�-- —� a czu-zs,a r a a� Z S Lotss�oxtmcwz 4") I °QurOwl"gy•a 4f i5-7E'if.7! z eaS[1e-z[,I LF. iv i OYO b WAS S N 00'11NYFIt �--------------- _——' I «_rce.«r_ sh, ro ———————————————t __ — 8I ——— CM-MI gam.DI (OorelzaoMM110z Intl »xw a9ma eas a %tt-K-zal I 5ia5-7E'ii7i YAONYYUM cc 101 YAISLw P!•1'1 .FOIL, i.[Gn n t————— e1� 8 __ .— _— _----1-Ti A ----- 8 58 KS z -- szu-zsit X w 01 ——————— $ wmsx.e auraa.mn31 1 [ $ V c t o a: F (n7iuW Jzcuzsr3 97 iill nl « E$12g �t I———— ———— —————— e �� k Q � L6'G9f'e[I liJ� s� rosz,Y[rT n �� 9a t � xaasaaaaa4 # ' r 1� o 'a cgc 'S cl o =h N NExp g �E Lighthouse Development, LLC Agenda Item 2 page 8 of 15 Architectural Drawings 1 r _.------- -= (IIIIIII -__.-___•___ 2 is RIF la Y fly i4iR88-R:. ■■ 111 is E HIR J 3- If I!�'I�-i9+!'•i![ !ice#!�.RFClogo its is NO :T�°=i'E.tR�-.'ate. �1 i.:3 i� i■■■ 1ls�y� a Ilt�lt� i�; ° 1 IIIIIIIII °�� sE1�Rl'� 11 ! 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Site Photos III L I _ zt 9 i t19� a �2 k �- ----------------- Lighthouse Development, LLC Agenda Item 2 page 12 of 15 Disclosure VIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT INFORMATION Applicant Name: as listed on application Lighthouse Development, LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? YestS• Noo ,F no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO NoO If yes,name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Jonathan L.Speight and John C.Atkinson are members.Affiliated businesses are Atkirson Realty,Inc.,Beacr,BuiAirg Group.Inc- AS Development LLC Birdneck Road,LLC,JLS Contractor Services LLC,Potomac River Investmelt Company LLC,S".ad:,*awr Associates LLC,South Rosemont Storage LLC,VB BLVD LLC Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes(j)Noo 1f yes,name the official or employee,and describe the nature of their interest. Jonathan L Speight is a member of Virginia Beach Bcard of Building Code Appeals ^I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the fullowing services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ (Name entity and/or individual) Financing(mortgage,deeds of trust, O O Elizabeth W.Atkinson,LLC cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Q 1 John C.Atkinson-Atkinson Realty Disclosure Statement I rev. May-2024 page 1 of 3 Lighthouse Development, LLC Agenda Item 2 page 13 of 15 Disclosure SECTION • :. SERVICE YES NO _SERVICE PROVIDER Koine ertiu and or irsdividuol Accountin ax Return Preparation 0 0 Pa:Yo cey Architect/Designer/Landscape O O Jonathan Spet9 '•.gem Buiid rg Group,ine Architect/Land Planner Construction Contractor ) 0 Beach Buiding Cv wp,lrc. En ineer/SurvcyorjApent (E) (,,,J 7tays Fox,Fo■LaW S b►n P�7V Qa<»YYaiiGQ iErwrs Ewa PC.A R E4A=bwnw.s° Legal Services 0 0 sykKearim.AVM a w1PC APPLICANT CERTIFICATION READ.1 certify that oil information contained in this Form is complete;true,and accurate t understand that, upon receipt of natificat/an that the application has been scheduled for public heoring,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,MA,CBPA, Wetionds Board or any public body or commatee in conaWocn with this opplication. r � Jonathan L.Spei^ManagirS1 Member � 1 Applicant Name(PrintI App .Si 1"Porent•subsidiory relationship"aeons"a relo p that exists when one corporatticr directly or Indirectly owns shores possessing more than 50 percent of the voting power of o.nnther corporation.'See Store 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 o controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also o controlling owner in the other entity,or f;ii j there is shored management or control between the business entities.Factors that should to considered in determining the existence of an affiliated business entity relationship include that the some person or substontioNy the some person own or manage the two entities,there ore common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share octwties,resources or personnel on a regular basis,or there is otherwise o close working relaMoship between the entities.'Sec State and Local Government Conflict of interests Art,Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Apttl 28,2026 sr �.4f s a,Q (2131?.Q2 ._. Staff Name(Print) Staff S=gnature Date D sdosur•Statement I rev M a v-7024 page 2 of 3 Lighthouse Development, LLC Agenda Item 2 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. Lighthouse Development, LLC Agenda Item 2 page 15 of 15 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #2 Lighthouse Development, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Ms. Sabo. Agenda item 2. Is there a representative here today to speak on this item? Clerk: Excuse me, Vice-Chair, we had a speaker sign up, so that will need to be pulled from consent. Ms. Byler: Oh, okay. Apparently, there has been a speaker signed up in opposition to this. So this matter will be removed from the consent agenda and will be heard later in today's meeting. (The following dialogue reflects the discussion for agenda item #2,Lighthouse Development, LLC, which may not have directly followed the above discussion in this document) Clerk: Our first item is Item 2,Lighthouse Development, LLC. Mr.Bourdon: Mr.Chairman,members of the Commission,again,for the record,Eddie Bourdon, Virginia Beach attorney, representing Lighthouse Development, LLC. Jonathan Spate, the principal of Lighthouse Development LLC,who will be doing this redevelopment,is with us today. I know this item was on the consent agenda, so I will be brief. As I know, Mr. Beagle has signed up to speak because he's concerned about drainage in general in this part of the city and who owns a multifamily development further south on Ash Avenue. The property involved,as you all heard,and Aubrey did an excellent job in describing the situation this morning in the informal. There are a total of six pieces of property involved with this,five of which are platted lots in Thalia. Another 15-foot wide parcel was created by deed back in the'50s when it was supposed to have been done by plat. And if it were done correctly back then,which it probably could have been,then we wouldn't be here. And what we're doing by spreading that 15 feet,three feet each onto all of the five lots that will be developed -- all five that could be developed today as a matter of right -- only makes the nonconforming nature of those lots less nonconforming, which we have a code section that deals with this directly. But it speaks to existing legally created lots being re-subdivided to make lots more in keeping with our requirements. So that's why we're here. We're not increasing density or what have you. The one thing I would point out that wasn't pointed out this morning is that the other 20 feet of this 35 foot lot that was done illegally by deed many decades ago, has been added to the property to the north. It will have to come in at some point and be re-subdivided. But all that will happen there is it'll make that corner lot far more conforming to code today. So it's this combination, which was totally fortuitous by what happened, you know, decades ago, makes both properties, when they redevelop,better than what is the predominant redevelopment in this area. And the redevelopment in this area is excellent. We need housing. It's more affordable housing - - I won't say it's all affordable housing. There are nice houses involved,but it's certainly a plus as far as the city is concerned. All the conditions as recommended by staff are acceptable to us. If you have any questions,thank you. Mr. Coston: You may be seated. Thank you. Madam Clerk, do we have any speakers for this item? Clerk: There are two speakers signed up to speak on this item. They're both in person. The first speaker is Wayne Beagle, followed by Shirley Williams. Mr. Beagle: Hi, I'm Wayne Beagle, and I'm a property owner,just a couple doors down from what y'all are considering. This is Ms. Williams. She lives one building down from what y'all are considering. Aubrey,do we have the pictures,or can we get them to pull them up? Is that possible to do? Clerk: Sir,we can't pull those up,but they have been provided to the Commission. Mr. Beagle: Okay, then you've got them, good. We're not opposed to the builder being able to do whatever subdivision, whatever he's going to build. It's going to improve the neighborhood. The problem is he is only going to add to that--the pictures that you have. I've owned my property for 22 years, probably have been flooded out. The city uses my property and her property as a temporary BMP whenever we get an inch or two of rain in a quick period. The pictures you're seeing were from September 16th of last year. I think we actually got 3.94 inches of rain over a 24-hour period. This area will flood if you get two inches of rain in half a day. My building has been wet eight, nine times in the last 12 years. I mean, flooded out, replacing carpet, replacing, reimbursing tenants for their furniture that's ruined, putting them in hotels. And it's very stressful on them because I have an older property. It's probably one of the more affordable properties in the area. I've never had a problem getting tenants. But on occasion, and when my building doesn't flood, that's probably anytime we get a decent rain, my yard fills up. These people have to walk from their cars up to their ankles or their knees in water to get to their house. And we just want-- I have been in touch with Jim Wood, who was the council person before Ms. Hammond, who is here, that we finally got out to the property Saturday. I think she's going to speak. She's appalled that the city has not fixed this issue, Ms. Williams, since 1987. She's got a picture of her daughter when she was three, up to her knees on a sled on water. She's, what, 35, 36 years old now? Ms. Williams: 28. Mr. Beagle: And part of it is because this area is somewhat--we're not the north end. We're not Chicks Beach. We're not Great Neck. I have watched through the years all of them. The north end got a pump station. You know, Chicks Beach got a pump station. All of these other areas have been fixed, and I know there was a big issue with Windsor Woods, that the city,you know - -and there were a lot more people involved than us. And we're not the only ones. Everyone down this,where this stuff flows after it's filled up our lots and properties -- your house has been wet every time mine gets wet, yeah. And we, the only condition we would ask is when the city fixes this issue, I want--we would like or request it to be a condition of you guys approving this. Because all they're going to do is add more water to a system that the city -- I've got letters from Mr. Hanson, that's head of public works. I know the guys,we're friends. They send the trucks out. The pump truck was out there on September 16th. Great, I'm here,but where do I pump it to? Where it goes out is probably a half mile to Thalia Creek. And the system is great. I got an 18- inch pipe that ties into a 24-inch drain pipe. And then the last 100 feet is a 12-inch pipe that lets it out to the creek. It's like a funnel. And public works doesn't have the money to do that. Mr. Coston: Excuse me, sir,your time has expired. Mr. Beagle: I'm sorry, go ahead. Mr. Coston: Your time has expired. Could you wait there for a minute for questions? Mr. Beagle: Well, I'm taking Ms. Williams'time,too. Mr. Coston: You did. Mr. Beagle: She just pretty much would want to say what you did. Some of the commissioners may want to ask you questions. Could you just hold right there for a second? Mr. Beagle: Sure, sure, absolutely. Mr. Plumlee: Thank you, Mr. Chair. Mr. Beagle, you say you have a multi-unit. Mr. Beagle: I have a six-unit building there that is 50 feet by 70 feet. Mr.Plumlee: And when was that structure built? Mr. Beagle: I think 2002 or 2003. Ms.Plumlee: And Ms. Williams has had her issues since prior to that 2002. Mr.Beagle: 87. Right, been there since '87. Mr. Plumlee: Did you have an engineer study your parcel when you were building a multi-unit structure at that location? Mr. Beagle: We had it surveyed. I never found out about the flooding thing. I knew from the seller that the tenants before I bought it said,hey,this stuff floods on occasion. And it wasn't until 2006 that I happened to be there raining, and I've got two catch basins in my side yard. I don't know if you see them on the picture or not. The water comes out of them. It backs up because of the 12 inch at the end of it. And there's been so much new construction that is only adding to what the city has not fixed and public works cannot keep. Mr. Plumlee: I got another question. Have you had your own engineer take a look at where the --what some of the solutions could be, or have you contacted Seth Edwards at Public Utilities to talk through potential solutions there specifically? Mr. Beagle: I can submit this to you. I've got letters from them. The system is inadequate, per Mr.Hanson. I've dealt with Mike Monday,2006. 1 went down there and met with them,and they say, yep, we don't have any money. We can't fix it. But we will let public works know to make sure it's kept clean. There's another one--I can't think of his name--he's been on it for two years. I've gone through four city people. And it's up to council to fix it. They all agree. I don't need an engineer to back up the five engineers for the city that already say they know it doesn't work. Because they've seen the pictures. They time it now. They keep track of how much rain we get in a certain period. They're trying to figure out--well,we'll send a pump truck out with nowhere to pump,you know, if we get so much rain in a certain period. Mr. Plumlee: Well, if you're looking at continued flooding and whether or not this project goes through,there's continued flooding. So I do encourage you to push the city as much as you can to remedy that issue. Obviously, it was going on before you were allowed to build your structure. Mr. Beagle: Yeah,yeah. And it didn't start flooding -- Clerk: Excuse me, sir, can you speak into the mic,please? Mr.Beagle: Yes,my bad. And my wife says I need a hearing aid, so you'll have to forgive me. Ms.Byler: Good afternoon, Mr. Beagle,thank you for being here. Mr.Beagle: Ms. Byler, how are you? Ms. Byler: Ms. Byler, good to see you. I really sympathize with everything you've shared today and this is my district, District 4, and I'm very interested to hear what Councilmember Dr. Amelia Ross-Hammond might add to the situation. My problem with this application is that there is already by right to build on those lots,so this application would make each one of those lots a little bit larger. It doesn't add any new rights. It just makes a bad situation a tiny bit better. But it does not deal with the drainage issue at all. So I'm wondering how I can address your concerns and not recommend approval of this application. Mr. Beagle: Yeah, and I said at the very beginning, we don't have a problem. I've developed properties myself. I've been a builder with them getting less lots than they got because they're making them better. But if you do the calculations on the square foot of what water is being shed now, and what will be shed because of additional driveways and square footage, this is not an equal thing. They're going to add water to a situation that has flooded for years. I don't know why you would not approve it subject to the drainage issue being solved because they're going to add to my and her depth of water. Ms.Byler: Well,I understand that any construction on there will add to the drainage problem,for sure. But I don't see how making the lots larger is not a good thing. I think, I've answered my own question, but thank you. Mr. Coston: Any further questions? Mr.Beagle: Again,we don't have a problem with what they're asking being approved. Just make it conditional on a situation. They're just adding more to what needs to be fixed. When I was a developer back in the '80s and '90s, engineering wouldn't approve them unless you had drainage, and if you didn't have it, you had to put it in yourself. We spent tens of thousands of dollars running drain pipes down streets to make sure we had the drainage. Mr. Coston: Excuse me, sir, I've got one more question. Mr. Camp: Thank you for coming up and talking with us today. My question is, do you understand that the applicant, if they were denied today, could still go ahead and build five, build out five of those lots,whether we approve this or not? Mr. Beagle: We understand that. Mr. Camp: Okay. Hang on a sec, sir. So they can go ahead and do five, regardless of what we do today. If we approve this today, they can still only do five. We're not giving them anything additional if we grant this, other than a couple more feet on each of the lots. They can't build any more or less buildings, regardless. Do you follow that? Mr. Beagle: Yeah,yeah. Mr.Camp: Okay. Thanks. I just want to make sure that you get that because your point is taken about a flooding problem in that area. But as I see it, the topic before us today -- we can't do anything about that problem from my perspective, whether we approve it or don't approve it. It's not going to change the issue,which is a real issue for you all. I get that. Thank you. Mr. Beagle: Well, the only thing I would say is that if they go ahead and build what they can build without you guys approving this, it's got to go through engineering. We'll be over in engineering, letting them know the situation. So that's why we're in favor of it, except for the -- whether they do what they can do or do what they've proposed to you, it's going to add water to a situation that does not work. We're asking you to make it a condition. Let them be in the same boat we are. Mr. Camp: Thank you, sir. Anything else? Mr. Beagle: We've been in it -- she's been in it for over 30. I've been in it for 22. Welcome aboard. Mr. Plumlee: She may not have wanted you to build yours, either. Ms. Schoonover: I just want to make a quick comment, more than a question. I think it's really good that you brought this to the public's attention today and that you were going to bring attention to this issue for the city to look at. I just want to make sure that you understand -- Walter isn't telling you that they can already do this, and we kind of can't stop it--but I just want to thank you for bringing this to everybody's attention. Mr. Beagle: We'll be at the city council here. I don't think half of them know about it. Ms. Williams,we got her out here Saturday,and she's on council. Like I said,Mr. Wood, I banged on him for 10 years. He just said, well,that's not a priority in Virginia Beach right now. Mr. Coston: Thank you, sir. Mr. Beagle: Thank you for your time. Sorry, I overdid it. Clerk: Council member Ross-Hammond is here and would like to come speak. Mr. Beagle: I think Ms. Williams wants to say something. Dr. Ross-Hammond: Good afternoon, Commissioners. Thank you for giving me this opportunity, because a lot of people know me as a walk the talk person. I will go out into the community to actually see something,and he has been writing. I wanted to see that for myself. I was really appalled at what they go through. From him, I went across to talk to some more community members of the residents,and they all feel the same way. So at least I understand with what you're saying,the person,the developer can build. But what we need to do,and that would be part of my charge now, is to bring awareness to the rest of the council as well as our engineers and so forth of the drainage situation. Because, like he mentioned, for Winston Oaks and all those areas, things are being done, but we're not aware how bad it is over there. And you can see the smaller pipe and where it leads. And the more houses that are going up off on South Thalia and Long --there, they're steep, so they have a big problem with that water. So if we can ask the developer--who I know-- so at least understand that part,that you cannot do anything one way or the other for the situation. Am I right? But at least me being aware, coming to listen to what the whole story is,I can talk with my colleagues to say this area really needs some attention. And I thank you for giving me the chance to come up and speak. I'm so proud that I have District 4 and this is part of District 4,with Commissioner Byler here to represent us. Thank you. Have any questions? Mr. Plumlee: Yes. How are you this afternoon, Councilwoman? Very nice to see you today. Thank you for coming down to spend some time with us. I appreciate it very much. The issue of flooding and resiliency in our community is one of the very top list of issues that we have throughout. I've had these questions throughout my time serving on the Planning Commission. It is my understanding the goal of every approval, of every plan, is that there be a zero net result of drainage onto any adjoining lot. That's been the goal of our zoning ordinance and the people that enforce it, and our stormwater ordinance, for decades. Right? Okay. So clearly, it's not necessarily working that way. Okay. Because we know the construction still causes there to be runoff. And we have in our state the common enemy doctrine, which means you do your best to keep the water off your lot to the greatest degree possible. So we can really only ask the city leaders to help us deal with these issues. And there is some frustration bubbling up among folks. So I just wanted to thank you for coming here to hear this issue and to follow up with your constituents, to see us in action, trying to grapple with these things. And I want to thank you for that. Dr. Ross-Hammond: You're welcome. And thank all of you for what you do to help us. Ms.Byler: Good afternoon,Dr.Amelia Ross-Hammond. Thank you for being here. I appreciate it. So this application, in my mind, is a good one because it makes a bad situation a little less bad. However,when it's developed, in my mind,not being an engineer, it's going to cause water runoff. I don't see any retention plans or anything like that. But again, I'm not an engineer and the site plans will have to be reviewed before a building permit can be issued. So at that time,I don't know what requirements there may be to help alleviate a really bad situation -- again, to make it a little less bad --but I do appreciate your coming today. I'm not sure what I can do about it, but if there is anything I can do, please let me know. I am concerned about it. And it's a shame that it's in our beautiful District 4. Dr. Ross-Hammond: Yes, and he has beautiful buildings. I walked along, and the tenants, but the cost. Every time he's flooded, sometimes he'd lose a couple of his tenants, because all inside. And you can imagine if you were an owner of renters, after a while, you need to put out a can to collect money for how much damage it does. But you know about the squeaky wheel. Right. And this is where we are,being that squeaky wheel, so that they will be heard. There are so many good parts of this application,but it's still not good. One of the really good parts--I will say,Mr.Beagle went to Bayside High School the same time I did. So there's a lot of District 4 people who stayed in District 4. We're trying to make it better all the time. And thank you for your part in that. Dr. Ross-Hammond: Thank you. Have a good rest of the day. Mr. Camp: Dr. Ross-Hammond, thank you again also for being with us today. I just wanted to assure you and the others who spoke, and the audience in general, that this commission is very concerned with stormwater. Unfortunately, the application before us today has a small scrap of unbuildable land next to five buildable lots. And what we're being asked to do is to give permission to divide that unbuildable scrap among the other five. That doesn't give us the tools to solve the flooding problem. But please understand,it doesn't mean we're unconcerned with flooding. We're very concerned with that. It's just that the matter before us today doesn't afford us a way to offer relief or a solution for those who are living in that area. Mr. Coston: Mr. Bourdon,you have 3 minutes. Mr. Bourdon: Jonathan is also here. He's heard all of this. He can't solve the problem. I think the dialogue has been extremely good. But the situation is one that's been created historically. And this situation isn't going to be able to solve it. He can build the five houses on the five lots. He's just making the situation better. So again, we appreciate it. Certainly, Jonathan, and the engineering and what's required now is substantially more detailed and accurate than when Mr. Beagle developed his property and many other properties that he developed in the '80s and '90s that I had a hand in, as well as my partner, Mr. Sykes, did. So we're doing a lot more today, and that doesn't mean that we're doing necessarily enough for whether it's something that's coming in. But with this situation, you know,Jonathan doesn't want to create a problem for his own residents or anybody else on the street. Thank you. Mr. Plumlee: I do have one additional question, but I wanted to ask it while Mr. Bourdon was there of our staff,just to make sure everybody understands. We do have within the plan approval process a net zero runoff policy for all plans that are submitted. Is that a fair characterization? I want to make sure I'm getting that right, even for residential construction. Staff: Right. So they have to meet our stormwater regulations. And you're not allowed to increase the flooding levels. So there will still be runoff from the property, but it has to be done in a controlled fashion,to where any flooded system or flooded scenario cannot be made worse. Mr. Plumlee: Thank you very much. Ms. Byler: I can make a motion. Mr. Chair, I appreciate everything I've heard, and I know one of the things we have to look at when we decide these land use matters is tax base and how the neighbors feel about it and a lot of other things, including the comprehensive plan. It seems to me that while there is a significant water resiliency issue there, this is a good application, and I make a motion that we recommend approval. Ms. Cuellar: Second. Clerk: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar that this item be approved. Mr.Plumlee: I would like to speak on it briefly. Just that I would ask,since we know we're being watched by council right now, that the tax base is an important point that Commissioner Byler raises, that if we can increase the tax revenue, perhaps we can begin to consider seriously a CIP application for this problem at this site and begin to address it. Because we know we need further development of these sites. We need new construction. We need more units. We might as well address the infrastructure sooner rather than later. Ms.Hippen: I would also like to add that having Councilwoman Dr. Ross-Hammond here, I am sure that this will get the attention that it deserves. So thank you, Councilwoman, for being here. Mr.Mauch: I'd like to thank Mr.Beagle and Ms.Williams for coming up and speaking. Although the intended outcome of what you're hoping for may not be the actually intended outcome that you were hoping for, I do think that what you did by coming up here and addressing an issue that's kind of outside of our control and raising that concern, especially having Dr. Amelia Ross- Hammond here with us, will maybe expedite the process on trying to mitigate the flooding issues that are in your neighborhood. Hopefully, this can work its way up to public works, and our city council will be able to fund a project to be able to help it. I don't think that your efforts have gone without hopefully something happening in the future. And you may have sped up the process by doing so. So thank you for coming. Mr. Coston: Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 10 to 0, item 2, Lighthouse Development, LLC has been recommended for approval. Vote Tall Commission Member AYE # NAY # ABS # ABSENT # 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 lots shall be in substantial conformance with the conceptual subdivision plan entitled "Resubdivision of Lots 27, 28, 29, 30, 31, and 15' of Lot 32, Block 13, Map No. 2, G.W. Deal's Land Near Jacksondale" dated November 14, 2025, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The lots shall only be approved for the construction of single-family dwellings and permitted accessory structures within the R-5D Residential Zoning District. When the lots are developed, they shall substantially conform to the architectural elevations exhibited to City Council and contained within this report. No building shall be constructed with an identical design on any lot directly adjacent to a lot where the same design has been used. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. 514/26,7:38 PM Hi Mr Trebilcock,following are flood/cities temporary retention pond from rain event on September 16,2025.Talk to Jonas Alfred..he... . Outlook Hi Mr Trebilcock, following are flood/cities temporary retention pond from rain event on September 16, 2025.Talk to Jonas Alfred.. he is very familiar with this areas existing inadequate drainage infrastructure. My cell is +17577544314 should you have... From Wayne Beagle <waynebeaglel @cox.net> Date Fri 4/3/2026 9:15 PM To Aubrey A.Trebilcock <ATrebilcock@vbgov.com> 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. k Le a bout:blank?windowld=SecondaryReadingPane1 1/3 5/4/26,7:38 PM Hi Mr Trebilcock,following are flood/cities temporary retention pond from rain event on September 16,2025.Talk to Jonas Alfred..he... AM yo (b P t x K x. J. about:blank?windowld=SecondaryReadingPane1 2/3 5/4/26,7:38 PM Hi Mr Trebilcock,following are flood/cities temporary retention pond from rain event on September 16,2025.Talk to Jonas Alfred..he... r �I I i I I IUII al�lli r+p Sent from my iPhone about:blank?windowld=SecondaryReadingPane1 3/3 i t j B2 ;KIN RD LASKIN RD LASKIN RD ASKIN RD LASKIN RD BZ B� A16 ® Site Delight 7B VA LLC ® Zoning 1605 Laskin Road & parcel directly Property Polygons south of 1605 Laskin Road S Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 rS4'`x1A #�Vv�vr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DELIGHT 7B VA, LLC [Applicant] R. DAWSON TAYLOR, LLC [Property Owner] Subdivision Variance (Variance to Section 4.4(b) of Subdivision Regulations) for the property located at 1605 Laskin Road & parcel south of 1605 Laskin Road (GPINs 240798488, 2407984681). COUNCIL DISTRICT 6 (Remick) MEETING DATE: May 19, 2026 ■ Background: The applicant is proposing a subdivision of two existing parcels located along Laskin Road to create a buildable lot for a 7 Brew coffee shop. The parcels are located within the B-2 Community Business Zoning District and the Hilltop Strategic Growth Area (SGA). The two parcels appear to have been created without the benefit of a subdivision plat and therefore require a plat to be put to record. The applicant intended to combine the parcels to meet the minimum lot area of 20,000 square feet, however, the southern parcel, which is 2,331 square feet, is entirely encumbered by a 100-foot-wide Virginia Electric & Power Company (VEPCO) Public Utility Easement. Section 200(b)(5) of the City's Zoning Ordinance states that any part of a public or private utility easement whose total width is more than 20 feet shall not be included in determining the minimum lot area requirements. As such, the qualifying lot area between the two parcels is 19,245 square feet. As this area does not meet the minimum lot area requirement of the B-2 Community Business Zoning District, a Subdivision Variance must be granted to plat the proposed lot. ■ Considerations: The hardship is created by the Zoning Ordinance requirement, which prevents the lot area encumbered by the VEPCO easement from being used in the lot area calculations. The applicant has provided a site plan exhibit showing how they plan to successfully develop the site without encroaching on the VEPCO Public Utility Easement. The applicant's example of a proposed site plan shows that they intend to follow the Hilltop SGA guidelines for placement of their building and parking, and recommended Condition 2 requires that the final site plan be designed in accordance with the recommendations of the Comprehensive Plan for the Hilltop SGA. The existing condition of the parcels is a vacant lot with a utility station visible to the south. This proposal would serve to beautify the streetscape while also replacing two improperly created, undevelopable parcels with one beholden to the recommendations of the Comprehensive Plan for the Hilltop SGA. Delight 713 VA, LLC Page 2 of 2 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 April 8, 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 lots shall be platted in substantial conformance with the conceptual subdivision plan entitled "Plat of Property Line Vacation Tax Parcels 24079848800000 & 24079646810000 Properties of R. Dawson Taylor, LLC" dated March 12, 2026, and prepared by Timmons Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When a site plan is submitted for development on proposed Lot 9C, it shall comply with the recommendations of the Comprehensive Plan for the Hilltop Strategic Growth Area and the Hilltop Strategic Growth Area Master Plan. Plans shall be routed to the Planning Director for review of the site plan prior to final approval. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. ■ 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 A•• Delight Property Owner: R. Dawson Taylor, LLC VB- Planning Commission ' •lic Hearing: April 8, 2026 Council • '- Project Details Request Subdivision Variance (Variance to Section 4.4(b) of Subdivision Regulations for Lot Area) Staff Recommendation ,, "at°°� R .kEt�o9�sa � te CAROwR° Approval s w, Staff Planner Aubrey A. Trebilcock ___``_ ; '"R i E�g4 Location ` '' - VEAU CT A C 1605 Laskin Road MOUStR At ! 4`r 'P m PARKRO MACON izC r , -- OR PARTI GPINs �' oa'"" ' N PETITE O TAUREAUCT CT 240798488 2407984681 " $ CT+ 4° Site Size 21,576 square feet t AICUZ � Greater than 75 dB DNL Watershed Chesapeake Bay e Existing Land Use and Zoning District Vacant, Parking/B-2 Community Business Surrounding Land Uses and Zoning Districts North Laskin Road Retail/ B-2 Community Business It ''ft t f South , Utility Station/ B-2 Community Business OWN East ,- t Bowling Alley, Retail / B-2 Community Business West Vacant, Parking/B-2 Community Business Delight 7B VA LLC� Agenda Item 3 page 1 of 15 Background SummaryofProposal • The applicant is proposing a subdivision of two existing parcels (GPINs 240798488 and 2407984681) located at 1605 Laskin Road to create a buildable lot for a 7 Brew coffee shop. The parcels are located within the B-2 Community Business Zoning District and the Hilltop Strategic Growth Area. • The two subject parcels appear to have been created without the benefit of a subdivision plat and therefore require a plat to be put to record. The applicant intends to vacate the existing property line between the two improperly created parcels to create one legal lot. • The B-2 Community Business Zoning District requires a minimum lot area of 20,000 square feet. The parcels, taken together, are 21,576 square feet in size. However, the southern parcel, which is 2,331 square feet, is entirely encumbered by a 100-foot wide Virginia Electric & Power Company(VEPCO) Public Utility Easement. o Section 200(b)(5) of the City's Zoning Ordinance states that any part of a public or private utility easement whose total width is more than twenty(20) feet shall not be included in determining the allowable dwelling unit or lodging unit density, lot coverage, floor area ratio and minimum lot area requirements. • Since the entirety of the southern parcel's lot area of 2,331 square feet is encumbered, it reduces the qualifying lot area between the two parcels to 19,245 square feet. As this area does not meet the minimum lot area requirement of the B-2 Community Business Zoning District, a Subdivision Variance must be granted to plat the proposed lot. �\ Delight 7B#VA LLC Agenda Item 3 page 2 of 15 Zoning History No Zoning History to Report LASKIN RDe B B2 B 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 • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Delight 7B VA LLC Agenda Item 3 page 3 of 15 The applicant is proposing to subdivide and vacate a property line between the two existing parcels to create a buildable lot for a 7 Brew Coffee store.The existing parcels were created improperly by deed, and a subdivision plat must be put to record prior to any development of the subject parcels. The parcels are in the B-2 Community Business Zoning District, which requires a minimum lot area of 20,000 square feet.The parcels, taken together, are 21,576 square feet in size; the southern parcel, which is 2,331 square feet, is entirely encumbered by a 100-foot-wide Virginia Electric & Power Company (VEPCO) Public Utility Easement. As utility easements greater than 20 feet in width cannot be included in lot area calculations, this encumbrance prevents the proposal, with 19,245 square feet of qualifying area, from meeting the minimum lot area of 20,000 square feet. The hardship is created by the Zoning Ordinance requirement, which prevents the lot area encumbered by the VEPCO easement from being used in the lot area calculations. Additional land would need to be acquired from a neighboring property, but would rely upon the consent of the Virginia Electric & Power Company, which owns the parcels to the west and the south, or the shopping center to the east.The applicant has provided a site plan exhibit showing how they plan to successfully develop the site without encroaching into the VEPCO Public Utility Easement and is working with Dominion Energy to acquire a cross-access easement through the parcel to the west. The property is located within the Hilltop Strategic Growth Area as identified by the Comprehensive Plan, a goal of which is to decrease dependence on the automobile and encourage the development of non- residential mixed use. The Hilltop Strategic Growth Area Master Plan further recommends pedestrian-friendly design that brings buildings to the forefront of lots, reduces parking lot visibility, implements bike racks to encourage multimodal access, and encourages street trees and planters to enhance visual appeal and reduce heat islands caused by unshaded pavement. The existing parcels are currently undeveloped and only contain parking spaces. The present visual from the street is that of an electric utility station to the south of the subject parcels. The applicant's proposal would allow for these parcels to be developed with a use designed with the Hilltop SGA recommendations in mind. The applicant's example of a proposed site plan shows that they intend to follow the Hilltop SGA guidelines for placement of their building and parking. Staff has included a condition that future site plans on this lot would conform to the recommendations of the Comprehensive Plan for the Hilltop SGA. The insufficient lot area in this case would not only prohibit future development on the existing parcels but preserve a vacant parking lot in a Strategic Growth Area where transformative site design and pedestrian access are being encouraged.The application takes two nonconforming parcels and would create a legal, developable parcel that would meet all of the dimensional requirements if not for the presence of a 100-foot-wide utility easement. In Staff's view, this application serves to improve the streetscape of Laskin Road by allowing development in accordance with the comprehensive plan and recommends approval of this request. Delight 7B VA LLC Agenda Item 3 page 4 of 15 Recommended Conditions 1. The lots shall be platted in substantial conformance with the conceptual subdivision plan entitled "Plat of Property Line Vacation Tax Parcels 24079848800000 & 24079646810000 Properties of R. Dawson Taylor, LLC" dated March 12, 2026, and prepared by Timmons Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When a site plan is submitted for development on proposed Lot 9C, it shall comply with the recommendations of the Comprehensive Plan for the Hilltop Strategic Growth Area and the Hilltop Strategic Growth Area Master Plan. Plans shall be routed to the Planning Director for review of the site plan prior to final approval. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive . • The Comprehensive Plan identifies these parcels as being within the Hilltop Strategic Growth Area (SGA).The Hilltop Strategic Growth Area (SGA) is home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses. The long-range vision for Hilltop SGA, which is already a regional retail destination featuring homegrown restaurants, a plethora of grocery stores, and a variety of shops, builds on the area's strengths, yet introduces more greenspace. Doing so through redevelopment opportunities can address stormwater management needs and, in turn, create a healthier environment and shopping/dining experience that welcomes more people out of their cars and outdoors as they move from place to place within the SGA.The vision for the Hilltop SGA expands the development opportunities of many of the local businesses by transforming land areas devoted to parking and under-utilized commercial property into a mix of retail and office opportunities. Street improvements to include sidewalks, crosswalks, landscaping and lighting that will Delight 713 VA LLC Agenda Item 3 page 5 of 15 transform Hilltop into a walkable district. Over time, existing retail buildings will be replaced with new retail buildings built facing the new streets. The suburban pattern of highways lined with parking lots and strip centers will gradually give way to a new pedestrian friendly mixed-use district. (p. 1-47 through 1-S1) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use z—0 ADT Laskin Road 24,800 ADT' 70,400 ADT 1(LOS°"D") Proposed Land Use'—306 ADT 1 Average Daily Trips 2As defined by a 3As defined by a 306 4LOS = Level of vacant lot SF coffee store Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Laskin Road is an 8-lane major urban arterial. This roadway was recently improved as part of the VDOT Laskin Road Phase IA project. There are no further CIP projects scheduled for this area of Laskin Road. Active Transportation Plan(ATP) This portion of Laskin Road is serviced by an existing Shared Use Path facility. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. Delight 7B VA LLC Agenda Item 3 page 6 of 15 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Delight 7B VA LLC Agenda Item 3 page 7 of 15 -^--l var roNEVANROAo LASKIN ROAD us RWu m PFRNAWWfWAM"EASFWNr VARAWE KVO PlIBt.IC RIGHTOF-wAY _ MSrR A]OIM5070]H.mw PRoxCT;K s#-' .w c o, L 10' rll"ERRON EASEMENT wsm lXNH(MOTOq%S?A N ]O'4NDTN LORGMIA PONR! { COI\WA-EASEMENT ...................._. +� ASIR 12OO.i0.VR 7017 ——— l eAtN/Ol11f - ---7 --- ————— E t I wsne .po __ sssErwclr` ""��11 �1� Ok 1 I F 1 k _ 1 9 MO WMEL CrRAC I oo"wRCLEC— 1 Fo PARL)FL V Y 1 __ PARCEL J' R STR 1A IYOR ctt' d{� \ O.H.RU PCi?ES /N.STR/7{L^St)M4149 ^g P4RC"E1,D NR/5tlWR1.NKYx) PARCEL 0 14110.44LVh Vl g zo."a HI l4 R. 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Rda T SG ' P L/M/ Y 0 PARCEL ID NOl% tB "•1�a Q Oi��ll 2..IS15F.ORO VARIAHIFWl01N1p 1NIA ELEC—IFLhS'ERCCMt l EASEMENT 3q'1l'IL `. off v 4}4 1 I��LLI/LLVV -0 3 1 X VL�vGp ELEECV Cs ��e mal PqG' PJ MCOMPANY h AppsI MADMANACHV{IIGIRu (D N OARCEtO sO1S8fEA0.ZgJ "'-� M fGIE:!'� 14A L.It: 116 00 •�(\ OEQ et:c o (D D ~' r UPI W n Proposed - Plan PERMANENTORAINAGE EASEMENT INSTR r."J1cX)5070ckU35_`0 LASKJNROAD 1.1W TO NEVAN ROAD US,ROUTE SS LAR44BLE WIDTHPUSLIC RIGHT-OF-WAY PROJECT b0Ai8 134-F02.C50J 4 IN AI WWTH VER00A EASEMEY� S TR 120LUX020085628 1 - �— 11,120 � �---- �� � 20'WIDTH VIRGINiA POWER b 6 ELECTRIC COMPANY EASEMENT INSTR AW03 03270 04 7072 j "� li Oil s10 SF aj RC Q r � -...—_. POTOMAC TELEPHLWE COMPANY EASEMENT D.B.1070.PG.V9 24A' t.0' Y 5' t4.T 13.0' SJ 7-- .2' � 21 4 J Ex asPrcv.Tlwn •.,, v � RUBBLE LOT q 1 \ � a f I x Q NOW OR FORMEERL -" - '.',•e7 •vIROIN ELECTRIC N86'13"33N I ft7WER COMPANY M 8 53 PG RAh�EL ID 740 9A47173fkJ t VARIABLE MOTH WRGINA ELECTRIC 3 POWER COMPANY EASEMENT 1" O S.955,FIG.454 Delight 7B VA LLC Agenda Item 3 page 9 of 15 Proposed Elevations "M~~______-_ o�-�---- ^~ WE 25 =�.~~~-_-----�- ==~____- _ AT ------ o=~~-------^~ Delight 7BVALL[ Agenda Item 3 page 10oflS y � , i RIN Delight 7B VA LLC Agenda Item 3 page 11 of 15 Disclosure DisclosureCITY OF V-6, VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Delight 7B VA LLC Is Applicant also the Owner of the subject property? Yeso NoO If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No0 If yes,name Representative: Watermark Engineering Resources, Ltd. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) [Andrew,Kruniho1z. chard Krumhoiz,Co-President Co-President 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 Nod!; 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, None cross-col late raIization,etc.) 0 (��)`J Real Estate Broker/Agent/Realtor Thalhimer Disclosure Statement I rev. May-2024 page 1 of 3 Delight 713 VA LLC Agenda Item 3 page 12 of 1S Disclosure SECTION • • DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual ,,Accountin&LTax Return Preparation (F) O Architect/Designer/landscape r Q Wallm and Gomez Architect/land Planner �J Construction Contractor 0 To Be De '' Engineer/Surveyor/Agent e 0 WMermarik Er r Legal Services (F) 0 Sands Ariders APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate,i understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Richard it Mholz 'r Richard Ktumhblz ode.3v1602,071$M32 J7 W 02/02/2026 Applicant Name(Print) Applicant Signature Date t"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly air indirectly owns shares possessing more than 50 percent of the voting power of another corporation,'*See State and Local Government Conflict of interests Act, VA.Code$Z2-3101. 2 Affiliated business entity relotionship'meons"a relationship,other than potent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) o controlling owner in one entity is also a controlling owner in the other entity,or(ifi)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 some person own or manage the two entities,there ore common or commingled funds or assets;the business entities shore the use of the some offices or employees or otherwise share activities,resources at personnel on a regular basis;or there is otherwise a close working relationship between the entities,"See State mid l oral C,overnment Conflict of lnterests Art, Vn (r rle 1$2 2 3101 FOR CITY USE ONLY: No changes as of(date): Apni 28,2026 Aut>rev Trebitcock kclrr�y J �� •E 05/04f2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Delight 7B VA LLC Agenda Item 3 page 13 of 15 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application R DAWSON TAYLOR, LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes( Noo If yes,list the names of all officers,directors,members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary.) =R.ROMRT N TAYLOR AFFILIATED BUSINESS- __ _ PLAZA HOME CENTER INC VA TAYLORS DO IT CENTERS.OWNERS R DAWSON TAYLOR,ANN N TAYLOR FAMILY TRUST. �'V TAYLDR.R-,SE_L D TAYLOR,JR AND0� Does the subject property have a proposed or pending purchaser? Yeso NoO if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No U if ves,name the official or empiovee, 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 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor (�) 0 DEAN MARTIN,THALHIMER Accounting/Tax Return Preparation Q Architect/Designer/Landscape O Architect/Land Planner Construction Contractor (. 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 public body or committee in connection with this application. R DAWSON TAYLOR, LLC Robert N Taylor°a<�20�;3o,3°6"2 05� 01/30/2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Delight 7B VA LLC Agenda Item 3 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. Delight 7B VA LLC Agenda Item 3 page 15 of 15 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #3 Delight 7B VA LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is item number three. Is there a representative here today to speak on this? Mr. Lu: Yes, my name is Pak Lu. I am the developer of this particular location. And with me are my colleagues,Joseph Levitich and Robin Ersfeld, and we're all joining electronically. I'm so sorry we cannot be there in person. Ms.Byler: Thank you for joining us. Are the conditions acceptable to you? Mr.Lu: Yes. Ms. Byler: Okay. Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Cuellar to read this into the record. Mr. Plumlee: I think I have this one. Thank you, Vice Chair. This is an application by 713 VA, LLC and property owner is Dawson Taylor,LLC for a variance to Section 4.4(b)of the Subdivision regulations for lot area. This is to accommodate the construction of a 713rew coffee shop at this location. There was no objection by the public. There was a recommendation for approval by our excellent staff, and therefore the Planning Commission has placed us on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1, 3, 5, 12, 14, 15,and 16,and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise,I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY # ABS # ABSENT# 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 lots shall be platted in substantial conformance with the conceptual subdivision plan entitled "Plat of Property Line Vacation Tax Parcels 24079848800000& 24079646810000 Properties of R. Dawson Taylor, LLC" dated March 12, 2026, and prepared by Timmons Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When a site plan is submitted for development on proposed Lot 9C, it shall comply with the recommendations of the Comprehensive Plan for the Hilltop Strategic Growth Area and the Hilltop Strategic Growth Area Master Plan. Plans shall be routed to the Planning Director for review of the site plan prior to final approval. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. G Z , Av4 o ® site Richard P. & Helene D. Schroeder Q Zoning Adjacent to 621 Vanderbilt Avenue t. Property Polygons Feet 0 10 20 40 60 80 Map created by Planning Department on 4/15/2026 Jf N�M tJ sI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Richard P. Schroeder and Helene D. Schroeder for the Closure of One-half of an Unnamed, Unimproved 15-Foot-Wide Alley Adjacent to the Rear of 621 Vanderbilt Avenue in Croatan MEETING DATE: May 19, 2026 ■ Background: Richard P. Schroeder and Helene D. Schroeder (the "Applicants") requested the closure of a 7.5-foot-wide portion of the unnamed, unimproved 15-foot-wide right- of-way (the "Right-of-Way"), adjacent to the rear 621 Vanderbilt Avenue, for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: The portion of the Right-of-Way to be closed currently contains improvements belonging to the owners of 624 Surfside Avenue on the west side of the area proposed for closure. A zoning violation was issued to the owners of 624 Surfside Avenue for the improvements; however, this zoning violation does not affect the Applicants as they are not a party to the violation. The owners of 624 Surfside Avenue spoke in opposition to this request. This street closure request is consistent with City Council's policy aimed at disposing of unimproved right-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. ■ Recommendation: On April 8, 2026, after an advertised public hearing, the Planning Commission passed a motion by a recorded vote of 10-0 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 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. Copies of the policy are available in the Planning Department. It has been determined Richard P. & Helene D. Schroeder Page 2 of 2 that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants shall 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 7.5-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 Applicants shall verify that no private utilities exist within the Right-of-Way proposed for the 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 Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency:rentt//Agency: Planning Department rt City Manager: [ 'fi�V 1 ORDINANCE APPROVING APPLICATION OF 2 RICHARD P. SCHROEDER AND HELENE D. 3 SCHROEDER, FOR THE CLOSURE OF ONE- 4 HALF OF AN UNNAMED, UNIMPROVED 15- 5 FOOT-WIDE ALLEY ADJACENT TO THE REAR 6 OF 621 VANDERBILT AVENUE IN CROATAN 7 8 WHEREAS, Richard P. Schroeder and Helene D. Schroeder (the "Applicants"), 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described portion of an unimproved, unnamed Right-of-Way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before two (2) years from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described portion of unimproved, unnamed Right-of-Way 23 (the "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions 24 being met on or before two (2) years from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA PROPOSED FOR CLOSURE 7.50' X 29 50.00' 375 SQ.FT. OR 0.009 AC.", and shown as the cross- 30 hatched area on that certain street closure exhibit entitled: 31 "STREET CLOSURE EXHIBIT OF LOT 16 BLOCK 18 32 CROATAN BEACH (M.B. 24, P. 37) VIRGINIA BEACH, 33 VIRGINIA FOR RICHARD P. & HELENE D. SCHROEDER", 34 Scale: 1" = 20', dated March 26, 2026, prepared by Hayden 35 Frye and Associates, Inc., a copy of which is attached hereto 36 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: 2426-38-4617 45 1. The City Attorney's Office shall make the final determination regarding ownership 46 of the underlying fee. The purchase price to be paid to the City shall be determined 47 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 48 Street Closures," approved by City Council. Copies of the policy are available in the 49 Planning Department. It has been determined that the purchase price to be paid to the 50 City shall be $3,000, which is consistent with similar street closures in this area. 51 2. The Applicants shall resubdivide the property and vacate internal lot lines 52 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 53 submitted and approved for recordation prior to the final street closure approval. Said 54 plat shall include the dedication of a 7.5-foot public drainage easement over the closed 55 portion of the alley to the City of Virginia Beach, subject to the approval of the 56 Department of Public Works, and the City Attorney's Office, which easement shall 57 include a right of reasonable ingress and egress. 58 59 3. The Applicants shall verify that no private utilities exist within the Right-of- 60 Way proposed for the closure. If private utilities do exist, easements satisfactory to the 61 utility company, must be provided and shall be recorded after the final resubdivision plat 62 is recorded with the Clerk of Circuit Court. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above stated conditions within 730 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved for recordation 67 within two years of the City Council vote to close the right-of-way this approval shall be 68 considered null and void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before May 18, 2028, this 73 Ordinance will be deemed null and void without further action by the City Council. 74 75 2. If all conditions are met on or before May 18, 2028, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (as "Grantor") and RICHARD P. SCHROEDER AND HELENE D. 87 SCHROEDER ("Grantee"). 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 89 of . 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '/� , 141h4w Planning Department City Attorney CA17037 May 7, 2026 Exhibit A THIS IS TO CERTIFY THAT ON OCTOBER 15, 2021 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TITLE LINES ARE AS SHOWN ON THIS PLAT, THIS EXHIBIT IS FOR STREET CLOSURE PURPOSES ONLY AND DOES NOT CDNSTITUTE A SUBDIVISION OF LAND. LOT 3, BLOCK 18 LOT 4, BLOCK 18 LOT 5, BLOCK 18 NOW &O FORMERLY I NOW R FORMN L.RLY NOW OR ELL FORMERLY ' JANICE L NIELSEN ' ASHLEY M. DONNINI ' REVOCABLE LIVING TRUST ' (INSTR. 20180829000714720) (INSTR. 202403043948) (INSTR. 202103067016) GPIN:2426-38-3651 I GPIN:2426-3B-3626 GPIN:2426-38-3711 i 1 1 i 15' ALLEY Pin(S) N12'20'32'W 50.00' Pin(s) _ (UNIMPROVED) oLq \-\N a k AREA PROPOSED FOR CLOSURE: 4 7,50' X 50.00' 375 SO.FT. OR 0.009 AC. CD 1 0 0 0 0 1 LOT 15 AND THE c LOT 16, BLOCK 18 g LOT 17, BLOCK 18 NORTHERN ONE--HALF o GPIN: 2426-38-4617 'u NOW OR FORMERLY OF LOT 14, BLOCK 18 N 5,00D SO.FT. =a' PATRICK STEPHEN AGNEW NOW 0R FORMERLY V' OR D.114 AC. (INSTR. 202103097132) JEFFREY & MARGUERITE LENGKEEK �z �Z GPIN:2426--38-4753 l (INSTR, 202403035220) N Z 1 GPIN:2426-38-4664 i i i 350.DO' to Croatan Rd. --} iv Pi,(F) 75.D0, Ph(S) S12'20'32"EL3,468.710.131' ' in(S) 49.98' Pn(F) N: 3,468,661.28 N: E: 12,223,468.50 E: 12,223,457.82 �RGINI4 s1Sr� S' 5g0 +0VANDERBILT(80' Rm AVENUE "N£, $fN At (FORMERLY PACIFIC AVENUE) (M.B. 24, P. 37) STREET CLOSURE EXHIBIT OF I fayden Frye LOT 16 and Associates,Inc, BLOCK 18 Lind Survcyors CROATAN BEACH 3331 Ti J,\IRnAD SL'T11z.-no 1'1RG1\La 11L',A A I,`;'A.,2_t162 (M.B. 24, P. 37) T'11:Ps")491-7u91i 1:(757)a91-7229 I�nul:hfne{ii}ul do fnesum VIRGINIA BEACH, VIRGINIA FOR DATE: March 26, 2026 211016Y,ur-vMk"_(621)A)mdy Richard P. & Helene D. Schroeder SCALE: 1' = 20' Agenda ItemI Applicant: Richard P. & Helene D. Schroeder Planning Commission • •lic Hearing: April i 2026 V_B� CouncilCity 1 • Project Details Request Street Closure (7.5'x50' portion of an unnamed, 1 tvlio�'�N unimproved 15-foot wide alley) Staff Recommendation k m� Approval . s r CROATAR RO Staff Planner r = Aubrey A. Trebilcock �ot►� "`Y -5 F i Adjacent Address 621 Vanderbilt Avenue „5v' Adjacent GP/N ,. , t r r� 2426384617 Site Size 375 square feet ! rD m Y A/CUZ 65-70 dB DNL; Sub-Area 2 Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-10 Residential South Single-family dwelling/ R-10 Residential East N Vanderbilt Avenue Single-family dwelling/R-10 Residential West Single-family dwelling/ R-10 Residential Richard R & Helene D. Schroeder Agenda Item 4 page 1 of 9 Background & Summary of Proposal I • The applicant is requesting to close a 7.5-foot wide portion of the unimproved 15-foot wide right-of-way adjacent to 621 Vanderbilt Avenue.The area proposed for closure equates to approximately 375 square feet. • The portion of the alley to be closed currently contains accessory structures, including a shed and a gazebo, belonging to 624 Surfside Avenue on the west side of the alley. A Zoning Violation has been issued as these structures were erected without permit approval and do not meet the required side and rear yard setbacks. HistoryZoning Map Key Request 1 STC(Street Closure) Approved 02/22/2011 STC(Street Closure) Approved '. _ m Rio 2 05/21/2019 "R�o 3 STC(Street Closure) Approved --''" to 03/17/2026 R 0 STC(Street Closure) Approved 07/09/2024 4 STC(Street Closure) Approved — 5 pQUA�N 02/04/2025 " 5 CUP(Home Occupation—Commercial Kitchen)Approved 07/09/2024 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 • • • As required by City Code, a Viewers' Meeting was held on February 27, 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. Richard P.�& Helene D. Schroeder Agenda Item 4 page 2 of 9 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 7.5-foot-wide public drainage easement over the closed portion of the alley. Based on the 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 closed area into the adjoining lots. 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 7.5-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 two years 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/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive • • The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and Richard R & Helene D. Schroeder Agenda Item 4 page 3 of 9 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, 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 are no known historical or cultural resources that will be affected by this project. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Richard P. & Helene D.�Schroeder Agenda Item 4 page 4 of 9 ClosureStreet • THIS IS TO CERTIFY THAT ON OCTOBER 15,2021 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TITLE LINES ARE AS SHOWN ON THIS PUT. THIS EXHIBIT IS FOR STREET CLOSURE PURPOSES ONLY AND DOES NOT CONSTITUTE A SUBDIVISION OF LAND. LOT 3 BLOCK 18 LOT 4,BLOCK 18 LOT 5,BLOCK 18 NOW OR FORMERLY I NOW OR FORMERLY I NOW OR FORMERLY ERIC T. JR. & STEPHEN L & JULIA ELLEN KELLER JANICE L. NIELSEN ASHLEY M. DONNINI i REVOCABLE LIVING TRUST (INSTR. 20180829000714720) (INSTR. 202403043948) (INSTR. 202103067016) GPIN:2426-38-3651 I GPIN:2426-38-3626 I GPIN:2426-38-3711 I I I i 153 ALLEY P,,(s) N1720'32'w 50.00' PKS) (UNIMPROVED) o� --—- (M.B. 24,P. 37)- - n AREA PROPOSED FOR CLOSURE: 7.50' X 50.00' 375 SOFT. OR 0.009 AC. I I 0 0 LOT 15 AND THE 9 LOT 16, BLOCK 18 9 LOT 17,BLOCK 18 NORTHERN ONE-HALF - GPIN: 2426-38-4617 - ',`o NOW OR FORMERLY OF LOT 14, BLOCK 18 N 5,000 SOFT. N PATRICK STEPHEN AGNEW NOW OR FORMERLY n OR 0.114 AC. (INSTR. 202103097132) JEFFREY&MARGUERITE LENGKEEK h tz GPIN:2426-38-4753 (INSTR. 202403035220) 1n = GPIN:2426-38-4664 ; 350,00'to Crooton Rd. pin(F) 75.00' P-(S) S12'20 32 50.00' Pin(S) 49.98' N: 3,468,661.28 N: 3,468,710.13 E: 12,223,468.50 E: 12,223,457.82 hRGf&U STATE (FORME VANDERBIILT�Y0AM AVENUE ' ' �0`""�at. 0 7t (M.B. 24,P. 37) STREET CLOSURE EXHIBIT OF Hayden Frye LOT 16 and Associates,Inc. BLOCK 18 Land Surveyors CROATAN BEACH VIRG n1 L\BFp(CHUi S�I;I'r, (M.S. 24, P. 37) I'll:(,7 h1 n7218a kn;'441.7M VIRGINIA BEACH, VIRGINIA FOR DATE: Morch 26. 2026 21106 ftd.W k(cz1),r4.my Richard P. & Helene D. Schroeder SCALE: 1' - 20' Richard P. & Helene D. Schroeder' Agenda Item 4 page 5 of 9 Site • • S V P ay' ' Poe ti s i r _ i e { i$ 4 t � a a� a'x �''ems— �%.�.,�``"• Richard P. & Helene D. Schroeder Agenda Item 4 page 6 of 9 Disclosure Statement Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low,Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andlot 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 or application Richard P.Schroeder&Helene D. Schroeder Is Applicant also the Owner of the subject property? Yes&Noo If no,Property Owner trust complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO It yes,name Representative: R. Edward Bourdon,Jr., Esq. Is Applicant corporation,partnership,firm,business,trust or unincorporated business? YesoNo(� if yes,list the names ofoli officers. d,,ectors,members,w trustees below AND LUSIne5scs Mot have j parent-sub5idiory'or offiliated business entity 2 relation-shio with the opirlicnnt.(Attach list if necessory) 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 aty of Virginia Beach have an InteLest 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 service.;are being provided in connection to the subject application or any business operating or to be uperolted on the property. The name of the entity andlor(ndivirfun,prowdiro s.irh services must be identified (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER --- Nonle entity and/or individual) Financing(mortgage,deeds of trust, (F) 0 Towr*Bank Ws Fargo MDdgap);Tower FederaiCtedit Union cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page I of 3 Richard P. & Helene D. Schroeder Agenda Item 4 page 7 of 9 continuedDisclosure Statement 1 SECTION 11-APPLICANT DISCLOSURE Se:R1.rtCE YES NO SFttVtCt PftUVlt3ER oatan� tr► _sty C'9 Arc �'t+ect�?��na1 nrstt t:rrnstrurttra��t�trt�ts,r � '!' s to {Serves0 0 tt w*wd thvft t"PC APPLICANT CERWICATION RM.I ctrt r t1W Oh PV cWMOO*n contaanod en ttrrx t#rrsa is teu ttvve and a.aerrate,t unsforstand Mot, ; upa>n rtctrpt of nWk000A that t t a vtaan tw bern stht O*puMi gip,d om r sWo,10r updating Me drd herein that week,,arior to Me mett#V of Planning tta fe a a, tty, 60000 V804,C`OA4,tWddnds Avrd or any pu&ic body or rammittee in eo,,tivBoon With this tj n. APP0CV4 NO $ F'ri t) A tp trant Sat* to t*faor nt»s reds t tstrtpnwns*d relationS4 that ftists ra aft coeporav*A offftI4,or rr drrecct+ $Owes possts4ing owe than Sp Percent othe volov power qfa4wher rofpwotion,"See Rote and tocat t Cor4W of interests Aq,Vt, Code 4 2,2� tot. Affihwedbwsmess Means"aM10t nshtp,othor P##-tttt e areddt(Qn that e)(Alft WA#A fa One bwOtfss#M*tY has a rontro0w owwshO iMfowArt Ow othrer bosom eaten;is a contrtaJtfrap owfw in on#entity 4 atsa a cantrathr►q Owner to Me 0tr+titter:or twit Owe is shaft# mwwv*mvtit or carats tw dw&.mess entities,hcfws t be rare red in Me existence of 0,4 o ltow b rs'entity reboa;lship r+lode rho M#saw ah s t" y the some Person avers or rrnar pr^the two ent t s�their are,r4mmon or of as Me basomess entities stare the use of t t saffw offrrrs or emplowts or oftfwis*ire anti ' -, • • Ur is of personve#on a 0-rowfarbask or there 4 othwwtfe 4 c t Err� the #rye FOR CITY USEONLY: t o champs a o tdatt)a Aprfl:28�2026 ,e 'sttasi *-SIAt' tont I rev, M#V-2024 Richard P. & Helene D. Schroeder Agenda Item 4 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. Richard P. & Helene D. Schroeder Agenda Item 4 page 9 of 9 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #4 Richard P. and Helene D. Schroeder Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 4,Richard P. and Helene D. Schroeder. Mr. Bourdon: Thank you, thanks to the Commission for that last item. Again, for the record, Eddie Bourdon,Virginia Beach attorney,representing Richard and Helene Schroeder on this street closure, alley closure, half an alley closure in Croatan. I think that the dialogue with staff this morning in the informal was very helpful. I'll simply add that it's been the city Council's policy since 1990 to close these unimproved paper alleys that were on the original plats of Croatan going back into the late '3Os. The Schroeder's application is a standard application, done probably more than 100 of them by now. And there's nothing really unique or unusual about it. As you all are aware, the law in Virginia is very clear that the underlying fee titled to a street public right-of-way runs unless reserved,which is not the case since the late '50s in Virginia Beach. You can't reserve the fee,but that does come up occasionally, but not in Croatan. The city does own the underlying fee. The owner of the adjoining property owns the underlying fee to the middle of the street. And the same is true for both sides of this alley,and that's what the law is. If it's closed,the only people who can acquire it are the adjacent property owners to the middle of the street. The opposition -- you may recall, last month, I represented Julia Keller. She owned the property next to the opposition. And she, with my counsel over many months, went and acquired the underlying fee from the resident on the east side of the alley living on Vanderbilt and closed the entire alley. Ms. Donini, at Ms. Keller's request or referral, called me early in March. I advised her that I was representing the Schroeders, who had contacted me last fall about closing the alley behind their property and then got back to me at the beginning of January. We filed an application, which I advised her. I also explained to her just what I had explained to you in even greater detail. And in the course of that conversation, I assumed that she must not have had an attorney to represent her when she bought the property. She bought a 50 by 100 foot lot,or she and her husband bought a 50 by 100 foot deep lot. Apparently that lot had improvements beyond the 100 foot eastern boundary of the property and apparently had been there for quite some time. I was a little surprised to find out that apparently that wasn't the case. She had an attorney represent her. Now,I don't recall precisely who that was, so I'm not going to name names,but the reality of this is that they were not represented appropriately. They should have had every bit of information about the fact that their lot did not include the alley. All the IIth hour noise doesn't change anything other than,you know,maybe there's a malpractice case out there somewhere. And that's kind of what I told her at that point in time. So the application, it's exactly the same thing that's been approved literally a hundred times, and it's nothing that anything can be done. She can't adversely possess against the city of Virginia Beach. That's the law. So we can be sympathetic, but either she wasn't well advised, or they weren't well advised, or they knew and chose. They did build something without a permit. We know that much, and that's why the city cited them. The conditions as recommended are all acceptable. Thank you. Mr. Coston: Do we have any speakers for this item? Clerk: We have 2 speakers for this item. Our first speaker is Steven Donini. followed by Ashley Donini. Mr. Coston: State your name for the record,please. Mr.Donini: My name is Steven. I'd like to briefly address what I believe is most important here. At its core,this situation comes down to fairness and the history of how this land has actually been used. We have documentation of conversations that they were fully aware of and supported access to their property to perform the thousands of dollars of work that they are attempting to take from us today. At the time, a direct conversation my wife had with Mr. Bourdon,we learned that they had already explored purchasing this property before we ever bought our home in 2024. So the timeline matters. They knew about the land, they considered acting on it, and they chose not to. Then they granted us access to their property to allow us to invest thousands of dollars, removing dead trees, large stumps and improving that exact portion of land. Only after that, they are now attempting to claim it. This is not a misunderstanding. We believe that this sequence of deliberate choices, and so does our surrounding community of neighbors, and respectfully, allowing that sequence to result in them gaining half of this land would not be equitable. I also want to address something up front so it doesn't become a distraction. There is a gazebo in that portion of property. I installed it, believing, based on the survey, the fence line and decades of use,that this was part of our yard. I was not aware of the zoning requirements. We are already working with council to bring everything into full compliance. And if that results in taking down the gazebo,that is exactly what we will do. We are not asking for anything for free. We are fully prepared to purchase both portions of the vacated Paper Street from the city. We simply believe it should be awarded to the property that has historically used it, maintained it and invested in it the way it is now for the last 36 years. And finally, historically,when these paper streets have been vacated, they have been approved in a way that reflects how the land has actually been used. In this case, a 50150 split would do the exact opposite. A split might seem fair on paper, but it is only fair if both parties use the land, maintain the land and share in the investment. That did not happen here. You cannot allow somebody to stand by, give permission, say nothing,while another family invests time, labor, and thousands of dollars into land, and then come back a year later to claim it. Even if you disregard the money spent in the Paper Street,this is wrong, and I trust this commission to make a decision based on what is right. Thank you. Mr. Coston: Any questions? Ms. Schoonover: Yes, it's my understanding that you intend, should your application go through, to close the alley anyway. Is that correct? Mr. Donini: Yes. Ms. Schoonover: Okay. Thank you. Mr. Camp: Thank you for coming before us today. I believe I heard you make reference to a survey. Could you tell us,you have a survey of the property? Mr. Donini: So, when we closed on the house, we were given a survey along with a packet that was this big, and we had no idea that there was a paper street until closing. We were made aware that there was a paper street back there,but we were not made aware that anybody could purchase that property. Mr. Camp: So let me put a finer point on it. You had a survey, and you said that you referred to that survey when installing your gazebo? Mr. Donini: I did. Mr. Camp: Okay. So help me understand here. Did the survey indicate that where you were installing that gazebo was beyond the boundary of your property? Mr.Donini: I didn't see it that way,sir,because of the property line and the stuff that were already there, existing in the yard prior to the way,prior to me buying the property. Mr. Camp: So,just to be clear, you had a survey by a professional surveyor. You looked at the survey. But you interpreted it? Mr. Donini: I did not have a survey done. Just a piece of paper showing that there was a paper street in the back of our property was presented to me at closing. Mr. Camp: Okay. So prior to owning the property, you became aware of the paper street? Mr.Donini: I did. Mr. Camp: Thank you, sir. Mr. Mauch: Thank you for coming in today. I know this is a very sensitive topic for you guys. You had said something that made me think--you said that the neighbors had granted you access to their side of the property or to their property for you to do the work. Are you talking about the paper street? Mr. Donini: Yes. Mr. Mauch: Okay. Mr. Donini: There was a 22 trees and a bunch of large stumps that we needed -- we cannot get the equipment in from our yard because it's too narrow on both sides of my house. So the people doing the work said,hey, can we reach out to the neighbors behind you? And that's what we did. And when we reached out to them, we discussed what we needed to do. We spent about $3,000 on removing these stumps and trees on this section of land that they are trying to take right now. And then, on top of that,we had phone conversations with them about what we planned on doing back there,being that whoever's owned my property has been responsible for taking care of this. Mr. Mauch: So they gave you --just for clarification -- they gave you the access through their yard in order to do what you needed to do. But where you were doing it was actually on city property. Is that correct? Mr. Donini: That is correct. Mr. Mauch: Okay. Alright. Thank you. Mr. Plumlee: I think we're all just trying to understand what's happened here. So I just want to go through it and make sure I'm clear on what you're trying to inform us of. So when you say the prior owner maintained that area, the prior owner of your home maintained this area that we're talking about today by doing the landscaping, or generally landscaping and the removal of trees. Mr.Donini: And the removal of trees. Yes, sir. Mr. Plumlee: Did they also -- and I think I heard you say they did, but I just want to confirm -- they placed also structures in the area extended past your boundary. Is that fair? Mr. Donini: Absolutely. Mr. Plumlee: And when you saw the survey, did they indicate -- because this is very common, I'm in the land practice and I'm not the attorney he's talking about, by the way -- did the survey indicate that there were any improvements noted on the survey? Mr.Donini: I'm not aware, sir. Mr.Plumlee: Okay. Because this would be a title question,and the title company would want to know whether the survey indicated those structures. It's very common that people put structures on the edge of the property and beyond the edge of the property,but you're saying you don't believe it was on there. Is that-- I want to make sure. Mr. Donini: Yes. If looking in my backyard, looking down the back fence, there are structures all along. I did not think I was doing anything out of the ordinary. Mr. Plumlee: I see. And then, finally, with regard to the question of purchase,were you able to look through -- because I have not since, you know, we get these things on Thursday and then we're here the next Wednesday. I haven't had a chance to go through the policy regarding purchase of city interest. Have you looked at that policy and gained any understanding about what the city has formally adopted? I know you said some things about fairness, and I understand the fairness, but with regards to what they've put us on notice as citizens of Virginia Beach,have you reviewed that manual? Mr. Donini: I have not. Mr. Cromwell: Okay. Thank you. Ms.Hippen: Sir, I've got a question. So you bought the property 2 years ago, correct? Mr. Donini: 2024,yes. Ms. Hippen: So 2 years ago. When you moved into the property -- because when I bought my home,when I moved in, I had to pick up the survey flags because that is part of buying a home -- were those flags not there when you moved in? Mr.Donini: No, ma'am. Ms. Hippen: Okay,thank you. Mr. Coston: Any other questions? Thank you, sir. Clerk: Our next speaker is Ashley Donini. Mr. Coston: Please state your name for the record. Ms.Donini: Good afternoon. My name is Ashley Donini,and I'm here with my husband. Absent are our two daughters,Lola and Layla, seven and four,who are at spring break camp today. I am not a lawyer or a developer. I'm a mom,a homeowner,asking you to do what is equitable and fair. Our attorney cannot be with us today,but we felt so compelled to come before you today. At first glance,this may be a routine land division. It is not. This strip of land has existed only as a paper street for decades,never open, accepted, or maintained by the city. Yet, it has openly, continuously, and visibly been used as part of our yard. First maintained and improved. It clearly integrates into our property. Long time neighbors can also attest to this and support our position. I have letters here today. Before we bought the home in 2024, it was a continuously cared-for yard, with fencing, landscaping, fire pit, retaining walls, and private electrical work in this strip. This space mattered, and it was why we bought the home. To our daughters, it's simple. It's where they roast s'mores and play their soccer ball and play every day safely. After moving in, we continued what had been done for decades. We removed hazardous dying trees, ground stumps, landscaped, and invested over $60,000 in improving and maintaining this very piece of land. This work was visible. Our neighbor knew what we were doing. And they even allowed equipment through their yard. At no point did they object,question, or claim this section of the land. They remained silent. Now, after all this time and investment, this yard could be taken away by an absentee owner. Is that the example that we want to set for our community and our children? The city does not have to sell this land. You do not have to make a decision, but if you do, fairness does matter. We do have a pending application that does predate theirs, and we were planning to follow the process to acquire this paper street. My mom had a stroke, and all of that went on hold. Their submission also does not reflect the full context or the facts. There's dated ortho imagery and an incomplete survey. My grandmother always said, what is ever done in darkness will come to light. We are here to bring that transparency. Our exhibits submitted to you show decades of long-term, open, exclusive, continuous use, improvements, and substantial investment. Mr.Coston: Excuse me,ma'am. Your time has expired. I'd like to ask the commissioners if you have any questions. Mr. Plumlee: Did we receive exhibits? I missed it in the packet or something. I want to make sure. I don't recall seeing exhibits. Mr. Coston: I think they said pictures in the second set of supplements. Mr. Plumlee: From the opposition? I'm not -- I don't recall receiving exhibits, but you all submitted exhibits? Is that fair? Ms.Donini: Yes. We submitted a whole package that includes details of the statement,pictures of previous ownership,and how it was before we bought it. What our improvements were. Ortho imagery showing that the yard and the property, particularly the strip of land, had been fenced in for more than 2 decades. And also addressing the gazebo setback,just indicating that we -- Mr.Plumlee: Okay,no,no, no,I didn't mean to interrupt you. I just wanted to know I'm holding it in my hand now and I hadn't looked at these since the supplement came out, and I very much appreciate you letting me know that they're here. Thank you very much. Ms.Donini: You're very welcome. Mr. Camp: Hi, thank you also for coming forward today. At the beginning of your testimony, you used an unusual word and I'd like to ask you about that. I think what you said was that you had openly,continuously, and notoriously used the land where it had been used. Notoriously is an unusual word. Ms.Donini: I did not use the word notoriously, sir. I used visible. Mr. Camp: Visible, okay,very good,because notoriously would be a word--not as an attorney, you might not know that--that relates to adverse possession when you encroach on someone else's land and use it openly for 21 years,then try to claim it as your own. But in Virginia,you can't do that to city property. So even if a prior landowner had encroached on the alley and used it openly as their own, that would not give them right to then claim that land as their own. Thank you so much. Ms. Donini: Mr. Camp, if I may, really, what we're asking from this commission body is really not anything new. It's really just to protect what's already existed for decades. Mr. Plumlee: Okay, can I address another question? In the photographs,you see -- I don't know if you can see from there, I couldn't if I was standing where you are -- but there is a green home. Is that the neighbor home? Ms. Donini: Yes, sir. Mr.Plumlee: Okay,so I just want to get oriented when I'm looking at this photo. So this is rather extensive construction that was going on. Ms. Donini: Yes, sir. Mr. Plumlee: Immediately adjacent to that greenhouse. That's the point you're trying to drive home. I want to make sure I understand that. Ms.Donini: Yes, sir. And they were very aware of all of the work that we were performing. Mr.Plumlee: Was this work done with a professional contractor? Ms.Donini: Yes, sir. Mr. Plumlee: Thank you. Ms. Cuellar: Thank you so much for being here today. Just as we're understanding the timeline, when did it become apparent to you and your family that there was a paper street behind your house? Ms.Donini: Well, from a timing perspective,we never really thought of it as a paper street until we got the setback notification, which we had been working with council to remedy. So that's really the first time that it ever became really an issue or,you know,knowledgeable for us. Ms. Cuellar: When was that?I know you bought the property in 2024. I'm sorry. Ms. Donini: Yes, ma'am. It's okay. In 2025, yes. Ms. Schoonover: I just have some questions from the city staffer when we're ready. Mr. Plumlee: I'm sorry, I want to make sure I understood the last comment. You were noticed about a setback requirement. Was that some type of zoning violation issuance? Is that what's occurred? Ms.Donini: I'm not an attorney by any means,but basically we were notified that the gazebo was not far enough away from the fence. Mr. Plumlee: Okay. Alright. Thank you very much. Ms. Donini: I think that's a setback, but I'm not sure. Ms. Hippen: So did you construct -- did you and your husband construct the fence that's at the back of your yard? Ms. Donini: No, ma'am. We hired a subcontractor for that. Ms. Hippen: Okay. But that fence was built since you've owned the home. Ms.Donini: That fence has been there for, I believe,43 years. Ms. Hippen: The white PVC or plastic fence has been there for 43 years. Ms. Donini: This yard has been fenced in for decades,yes. We have neighbors that lived on the property, like they lived when the fence was installed. Ms.Hippen: Okay,who put the white fence that exists right now in these pictures? Did you buy the home with that fence already installed? Ms. Donini: Yes ma'am. Ms.Hippen: Okay,that's what I was asking. I see it. Yes, ma'am. I see it. Ms. Donini: The retaining wall was there as well. The retaining wall, there was a fire pit, landscaping, garden, and even private electrical work in the paper Street. Ms.Hippen: Okay,what did you add? Just the gazebo? Ms. Donini: We added-- so if you're on page four of the exhibits,this is what we bought. Ms.Hippen: I see the retaining wall. I see the pool. I see the fence. Ms.Donini: The fire pit. The garden is--the fire pit,you might not see in this picture just behind this -- it looks like a little statue behind that there's also a watering fountain. So it's not pictured here, but it was there as well. Then that next page is what we transformed the backyard to,which would be page five. Ms. Hippen: Okay. So you removed a tree and you constructed the gazebo. Ms. Donini: We removed two trees. We removed several stumps, all within the paper street. Ms. Hippen: Okay. And you bought the home with the fence existing there. Ms.Donini: Yes,ma'am, and had existed forever. Ms. Hippen: I don't know if it existed -- Well, if that's a 42-year fence, 1 need to get a fence like that. Ms.Donini: I'm not sure how long the fence has been there,but there has been a fence,and in my exhibits we show over 20 years of the fence being there. Ms. Hippen: Alright. Thank you. Ms. Donini: You're welcome. Ms. Hippen: Mr. Chair,now I have a question for Mr. Bourdon whenever he comes back. Mr. Coston: Well, we're not rid of him. We've still got Commissioner Cromwell and Commissioner Camp. Mr. Cromwell: My question,perhaps, is to staff. How did all this building take place? If they needed building permits,how did it-- if it was city property? Ms. Donini: So we don't have record of permits for the gazebo. That was part of the issue with the pergola or any of the other improvements within the property. There's no permits on file. Mr. Coston: There's no permits on file for any of this? Ms. Donini: Correct. Mr. Camp: One quick follow-up that you had -- excuse me, sir --that you had testified that the first you became aware of this was when you received the zoning violation on the gazebo, which I believe was 2025. But your husband testified to us that he became aware of the paper street at closing before you purchased the house, that the two of you became aware at two different times. Ms.Donini: Yeah,that would be my understanding, yes. Mr. Camp: Okay. But to clarify, you had an attorney representing you at the closing purchase of your home. Ms. Donini: Yes. Mr. Camp: Thank you so much. Ms. Schoonover: I need some clarification from staff about this because I think it's getting a little bit complicated. Aubrey, are you the one I need to ask about it? I need to have a better understanding of what we're looking at because it's my understanding that they both want to close this street. I'm trying to figure out,based on what I was hearing this morning-- if what we're doing here is essentially--well,I should say,this morning I thought I was hearing that they couldn't even proceed with their issue with the city until we address this closing here. Is that correct? Mr. Trebilcock: That is correct. They would need to be able to have their own street closure completed before they could obtain -- they had applied for an encroachment agreement for their items. They would need to complete a street closure first, that street closure would include a standard condition for a drainage easement that would run through that area. And then that encroachment agreement would allow for the existence of the structures and items within the current city right-of-way. Ms. Schoonover: I'm concerned about what's happening because I feel like we're being asked to make a judgment about the ownership of this property. And I'm not a hundred percent sure that we're in a position to do that legally. So I'm not sure if we should be focusing on figuring out whether we're just going to simply say, yeah, we're fine with being closed because they want to close it,the apparently supposed owners want to close it. Everybody wants to close it. So does it matter if we close this today? Does that affect their ability to make this argument for their access to this property or ownership of this property later? I'm trying to figure out what we--I'm not sure we can do this. Mr.Trebilcock: That's okay. It would become a civil matter at that point. From our perspective, this is currently city property. When we are closing city property, the half width of the right-of- way is first made available to the nearest property owner. In this case, that would be the Schroeders, so they do have the first opportunity to make that purchase. We've had instances where folks have deeded away that right to the owner on the other side, if they have no interest in that. But the owner--and this has been established by case law--the owner of the half width closest to their property is able to make that decision first. So from our perspective, it's currently city property, and by way of case law, the appropriate way to look at this is that the owners closest to that half-point line would be able to make that request regardless of conditions within that,because it's just city property from our view. Ms. Schoonover: So legally,from our perspective,we have to look at this as city property and to leave this issue to be addressed with council. Is that what you're understanding? Mr.Trebilcock: We would leave that between the property owners,any agreement they came to, it would be a civil matter at that point to discuss amongst themselves. From our perspective,we're just looking at this from a sky view, where it's our property, and the ownership is first attributed to the owner with the closest geographical area to the half width. Ms. Schoonover: I just need legal clarification because I think we're being asked to adjudicate this issue about ownership of this property to some degree, and I want to make_sure that we are only looking at what we're supposed to look at here, because I'm not sure we have the right or the authority to do what we're being asked to do. Ms.Eisenberg: Correct. So you're only looking at the street closure. That is all that's before you. I think what Aubrey is trying to say,just a little bit more succinctly, is that the applicant that is before you has the legal right. They are legally entitled to half of the alley abutting their lot. Ms. Schoonover: And so after this, today -- which it sounds like we don't have any authority to make a judgment that assists the people who have the encroachment on this property -- now we are basically only allowed to decide we're going to address this issue from the Schroeder standpoint, and that their activity needs to take place after this. Ms. Donini: My counsel has indicated to me that you all don't have to do anything. You may defer this. You don't have to act as well. So I just wanted to raise that to you. Ms. Schoonover: I understand. I'm just trying to clarify with the attorney, who I have to -- because I'm not an attorney either -- I'm trying to make sure that I fully understand what I'm allowed to do here. Because to me, it sounds like, from a legal standpoint, this property is the city's,the Schroeders have the right to this,and that the dispute needs to take place after or outside of this sphere, and I'm not sure we have the right to engage in this the way that we're being asked to. So I'm trying to clarify legally what I'm allowed to do in reference to this situation, other than -- I'm not even sure how-- I'm not sure if deferring this even helps this process. So if we defer this, do we assist them in this situation? If they're both wanting to close this paper street, I'm not even sure if what we do here really has anything to do with the situation. It sounds like we could close the street and it helps both people because they both want to close it. And then the dispute might take place outside of this sphere. Is that what I'm understanding? Ms. Eisenberg: Yes. I'm not really sure what there would be to dispute. But yes,the issue that you're looking at is just the street closure generally. And there may be something that the property owners can work out civilly amongst themselves once they each own that property -- some sort of division, or, you know, they would have had the right to forfeit their portion of the alley to each other if they had chosen that. That's not the avenue being chosen at this point, but what's before this commission is just the issue of the street closure. And your attorney did not lie to you. The Planning Commission can defer an application if they see fit. But at the same time, they can also vote. And when they do vote, whether that be at this hearing or in the future,your consideration is for the street closure. Ms. Schoonover: So if we vote today to close the street -- and to me, it sounds like the street closure is a moot point and that the real dispute is over the ownership of this property and that is essentially outside of our purview-- and so if we vote today to close the street,we're helping both parties. I'm just a little concerned that what we are doing-- if we were to say,pause this -- I don't see how pausing this helps the dispute that you all are having. I think what I'm hearing is that we might as well just close this street because both parties want to close it, and that the dispute that they're having over ownership needs to take place outside of this body. Mr.Camp: Point of order,Mr. Chair,point of order. The applicant has not yet had their rebuttal. We're in a mode now of asking questions of speakers. So I would ask,as a point of order,that we complete the questioning of the speakers and then proceed in the manner that you directed us this morning as to how we were going to conduct the hearing. Mr. Coston: Yes, sir. Ms. Hippen: Okay. My question is, you are against this because you have items that go across your half of that alley. Is that correct? Ms. Donini: We have --all of our items are in the whole alley. Ms. Hippen: That's okay. Thank you. That's what I wanted to know. Ms.Donini: Our fence,then property, encompasses all of the 15 feet and has for decades. Mr. Plumlee: My only follow-up is you have counsel. Follow the guidance of your counsel. None of the legal information that's been shared with you today --follow your counsel. I do have a question for staff when it's appropriate to ask that question. Thank you. Mr. Coston: Okay. You may be seated. Mr. Bourdon? Mr. Bourdon: Alright. A lot to digest here. This is simple. Fact of the matter is, the Doninis have not submitted, to my knowledge, a street closure application for their half of the alley. All they've done, to my knowledge, is submit -- and I just found this out talking to their counsel yesterday morning -- they filed an encroachment application based on having been cited for the construction without a permit of the gazebo in, I believe, December of last year. And that hasn't come forward because it can't come forward because they don't own their half of the alley, and they don't have the right to acquire the eastern half of the alley. My clients contacted me in last fall about acquiring their half of the alley. I know nothing whatsoever about some of the allegations that have been made, but I would point out that both of the speakers indicated at one point that it was all improved when they bought it, and another point that they had to get the equipment in there to get trees and boulders and what have you out. So those two didn't really j ive with me. The one thing that I know for a fact is that throughout the '90s, and even in the early, very early 2000s, the city sent notices to all of the property owners in Croatan multiple times whose improvements were encroaching into those paper alleys and were told either close it or remove it. They got notice. The previous owners got notice. I asked Ms. Donini in the phone call we had at the beginning of March: Did the owners not advise you of the fact that there were improvements beyond their property line, 15 feet or seven and a half feet, whichever, beyond what they owned? And her answer was no, they did not. So the reality of it is, is that they didn't get good counsel. The sellers of the property were either totally lost memory or were duplicitous in not advising them that the property they were selling to them -- and the realtor involved probably knew too, but I don't know that--and no one told them. And they didn't know it,other than apparently they didn't know it at closing. So now it's a bad situation all the way around, but the reality legally is they have no right nor ability to acquire this 7 foot by 50 foot section of alley, period. The city can't sell it to them, and my clients, at this point, as far as I know, will forever not be willing to sell it to them. They're slandering them today. And I can't wait to get a transcript. But the reality of it is, is that a mistake was made. They may be somewhat innocent today. Some of the things that were said -- not, maybe not so much. But,you know, I felt sympathy for them when I talked to Ms.Donini on the phone. But they've, you know, we're happy to go to court.with them anytime they want, because they've threatened that now. So,this is something that the city wants to close these alleys. It's nothing the city can do to give it to them. And they can't claim it and ever win because you can't adversely possess against the government. So it's pretty straightforward, other than trying to make it a heartstrings emotional argument. I appreciate the disappointment all day long. But their recourse is the people who didn't represent them appropriately. Ms. Plumlee: I only have a question for staff,not for Mr. Bourdon. Okay. I just wanted to hold my opportunity to ask that because I think the point was raised by Catherine. I want to make sure we're all clear what we're here to consider, the factors that we're here to consider. Because obviously you need approval. It's not you just get it. We all don't just walk out and claim ownership of the road next to our homes. You have to apply. You come before us. So my understanding is, is this impacting the public's rights? Does it have an unfair effect upon the public? I just want to make sure I'm understanding that. Are there any grounds that I'm leaving out of that specific? I just want to make sure I'm aware. Mr.Trebilcock: I don't know if I put my name into the record previously,so let me just state that I'm Aubrey Trebilcock, I'm a planning coordinator with the City of Virginia Beach. We did hold a viewer's meeting with several city departments to make that determination, and the determination was that this street closure, along with the previous Croatan street closures, would not have any public impact or negative public impact and would not preclude anybody from use of an unimproved alleyway. Mr.Plumlee: And is that the only ground we're here to consider? Mr.Trebilcock: That is what the city is considering in their recommendation,yes. Mr. Plumlee: I know you have the question you want to answer for me, but I have an actual one. Are there other grounds? I'm going to ask the counsel,our attorney. Are there other grounds we're to consider other than the effect upon the public? Ms. Eisenberg: No. Mr. Plumlee: Thank you. I just wanted something solid. Right. I appreciate that. Mr. Coston: Are we ready for a question? Madam Clerk, could you please open the vote? Ms. Schoonover: I'll move to approve the application. Mr. Coston: Second? Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Schoonover, seconded by Commissioner Hippen,that we approve this item. Clerk: The vote is open. Mr. Plumlee: I just want to be heard before we vote, if we could. My only addition, Mr. Chair, and I'm sorry to interrupt the process, but these are members of the public. They're the adjoining neighbors. All these folks that live up and down have been obviously mistaken about what's going on in that process. Are members of the public -- I'm not sure. I believe that's sufficient. I'm not sure just stop this process -- just to be quite honest. Any legal advice thrown out during this proceeding, people need to have their own attorney and to keep counsel with their own lawyer. Anyway, I appreciate everybody's time. Ms.Schoonover: I'd like to make a comment, if you don't mind. I just wanted to clarify that from my understanding, legally, we can only review this from this particular perspective based on the Schroeder's rights to this property currently. That does not mean that you can't pursue this matter further outside of this sphere. I just-- I realize this is very concerning. It sounds to me like this isn't necessarily the place for this kind of a dispute and that it needs to happen, maybe civilly. So I just want to make sure you understand that. Clerk: By a recorded vote of 10 to 0, item 4, Richard P. & Helene D. Schroeder has been recommended for approval. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 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 closed area into the adjoining lots.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 7.5-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 two years 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. A11 applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1 4r 1 c�rTH ST 45tH Np`�F 5T � 3< 45TH ST P r r �c ® site Cavalier Advisors, LLC & Joseph L. & Kristi A. Sullivan =1 Zoning Adjacent to 45020& 4504 Myrtle Avenue F C] Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 4/15/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Cavalier Advisors, LLC for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to 4504 Myrtle Avenue MEETING DATE: May 19, 2026 ■ Background: Cavalier Advisors, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 600 Square feet of an unimproved, unnamed alley (the "Right-of-Way") adjacent to the side of their property located at 4504 Myrtle Avenue, for the purpose of incorporating the closed area into their adjoining property. The owners of 4502 Myrtle Avenue have joined the Applicant in the street closure application and has requested that the remaining 600 square feet portion of the unimproved, unnamed alley also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On April 8, 2026, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request to City Council, with the following conditions, except conditions 2, 3 and 4 have been modified to apply to the width of the Right-of-Way adjacent to the Applicants' property: 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 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 public drainage and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval Cavalier Advisors, LLC Page 2 of 2 of the Departments of Public Works and Public Utilities, 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 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 Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /Q,,'�?f� 1 ORDINANCE APPROVING APPLICATION OF 2 CAVALIER ADVISORS, LLC FOR THE 3 CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO 4504 MYRTLE AVENUE 6 7 WHEREAS, Cavalier Advisors, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unimproved, unnamed Right-of-Way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before two (2) years from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved Right-of-Way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before two (2) years from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED ALLEY CLOSURE 28 (600 SQ. FT. OR 0.014 ACRES)" and shown as the cross- 29 hatched area on that certain street closure exhibit entitled: 30 "STREET CLOSURE EXHIBIT OF AN UNNAMED 15 FT. 31 ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 32 & 60 & THE NORTHERN 62.5 OF LOTS 42 & 43 THE 33 HOLLIES (M.B. 6, P. 107) VIRGINIA BEACH, VIRGINIA, 34 Scale: 1" = 25', dated October 24, 2025, prepared by WPL, a 35 copy of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before two (2) years from City 40 Council's adoption of this ordinance: 41 42 No GPIN Assigned (City Right-of-Way) 43 Adjacent GPIN: 2418-87-8342 44 1. The City Attorney's Office shall make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets 47 Pursuant to Street Closures," approved by City Council. 48 49 2. The Applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining lot. The resubdivision plat must be 51 submitted and approved for recordation prior to the final street closure approval. Said 52 plat shall include the dedication of a public drainage and utility easement over the 53 closed portion of the alley to the City of Virginia Beach, subject to the approval of the 54 Departments of Public Works and Public Utilities, and the City Attorney's Office, which 55 easement shall include a right of reasonable ingress and egress. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of- 58 way proposed for the closure. If private utilities do exist, easements satisfactory to the 59 utility company, must be provided and shall be recorded after the final resubdivision plat 60 is recorded with the Clerk of Circuit Court. 61 62 4. Closure of the right-of-way shall be contingent upon compliance with the 63 above stated conditions within 730 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved for recordation 65 within two years of the City Council vote to close the right-of-way this approval shall be 66 considered null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before May 18, 2028, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before May 18, 2028, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and CAVALIER ADVISORS, LLC (as "Grantee"). 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 87 of . 2026. 88 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 89 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA17036 May 7, 2026 EXHIBIT A NOTES: LTH p 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED' PP RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE r,{j ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY G� OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. RIC ARNER i--' Lic. 2904 aD WGINM STATE PLANE 1012412025 COORDINATE SYSTEM, SOUTH ZONE, NAD 198J (199,3 HARN) x io � SURy�� A TLANTIC A VENUE (150' R/W) (M.B. 6, PG. 107) 15 FT. ALLEY (UNIMPROVED)(M.B. 6, PG. 107) S 00 2.J'05' W 140' 62.5' 62.5' SOUTHERN 52.5' ' NORTHERN 62.5' OF THE REMAf)W OF THE REMAINS OF LOT 59 ,� OF LOT 42 0 lAj N/F 3 3 N/F CAVALIER ADVISORS, LLC , JOSEPH L SULLIVAN do 3 �l (I.N. 2025030316G4) KRISTI A. SULLIVAN ,.� GPIN: 2418-87-8342 (D.B. 4625, PG. 1646) o� � � GP{N: 2418-87-8275 SOUTHERN 62.5' °� ,� OF LOT 60 = Zt NORTHERN 62,5' OF LOT 43 z ®AREA OF PROPOSED ALLEY , AREA OF PROPOSED ALLEY CLOSURE (600 SO. FT. OR CLOSURE (600 50. FT. OR i�LJ 0.014 ACRES) / 0.014 ACRES) 62.5, 7.5' / 7.5' 62.5' N 00:2,3'05' E 140' MYRTLE A VE (50' R/W) (M.B. 6, PG. 107) (FORMERLY 2ND STREET) 0 25 50 75 Ft GRAPHIC SCALE SCALE: 1"=25' STREET CLOSURE EXHIBIT SHEET 1 of 2 OF 10/24/2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 1ondscc,aeArehifecrure THE HOLLIES lllf)d5( Vv Y�S7 757-a3I-1(Mt ivilE.nctneering wr)W,e '," (M.B. 6, PG. 107) 742 i ,.u s S EN 1 u.f,. S U f f E VIRGINIA BEACH, VIRGUZA YtIIGtNiA Rf Af_N, viRGtNfX.234 =._ CAD/ehk: BKM/eag I CITY OF YIlRGMIA BEACH, VA PLAT:H-691 JN:225-0228 LOT# OWNER(S) -- N/F GPIN REFERENCE(S) NORTHERN 62.5' OF SULLIVAN, JOSEPH L. & 2418-87-8275 M.B. 6, PG. 107 LOTS 42 & SULLIVAN, KRISTI A. D.B. 4625, PG. 1646 43 SOUTHERN 62.5' OF CAVALIER ADVISORS LLC 2418-87-8342 M.B. 6, PG 107 LOTS 59 & IN. 202503031604 60 NORTHERN 62.5' OF THE CAVALIER ADVISORS LLC 2418-87-8338 M.B. 6, PG. 107 REMAINS OF IN. 202403030348 LOTS 59 & 60 SOUTHERN 92.4' OF THE THETFORD, HARRY T. & 2418-87-8198 M.B. 6, PG. 107 REMAINS OF THETFORD, ANNA LIZA M. IN. 20180507000373580 LOTS 42 & 43 LTH O,F y RIIC ARNER,.- Lic. 2904 �+ 1012412025 (Vb SURy��o SCALE: NTS STREET CLOSURE EXHIBIT SHEET 2 of 2 OF OCTOBER 24, 2025 -- AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 pe Rrchftwture THE HOLLIES •E�� 041 (M.B. 6, PG. 107) z �"Wslws W sM 8 WM M vieMV VIRGINIA BEACH, VIRGINIA CAD/chk. BKM/eag CITY OF VIRGMU BEACH, VA I I PLAT: H-891 .TN:225-0228 Agenda ••licants: Cavalier Advisors, and Joseph CouncilPlanning Commission Public Hearing: April 8, 2026 VB' City • '- Project Details Request Street Closure (15'x80' unimproved alley) Staff Recommendation - Approval40- .. vt s Staff Planner Aubrey A. Trebilcock Adjacent Address �7N 4502 &4504 Myrtle Avenue I T:T� . Adjacent GPINs 2418878275, 2418878342 �`' � � TM • o�w Site Size Y frtj i 1,200 square feet `"�� AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts _ North Single-family dwelling/R-7.5 Residential South Single-family dwelling/ R-7.5 Residential East Atlantic Avenue Single-family dwellings/R-7.5 Residential West Myrtle Avenue Single-family dwellings/R-7.5 Residential Cavalier Advisors, LLC and Joseph L. &Kristi A Sullivan Agenda Item 5 page 1 of 12 Background Summaryof-Proposal • The applicants are requesting to close unimproved right-of-way between 4502 and 4504 Myrtle Avenue. The area proposed for closure is 15-feet by 80-feet and equates to approximately 1,200 square feet. • A public sewer line runs through the center of the unimproved alleyway, parallel to the side property lines of 4502 and 4504 Myrtle Avenue. Zoning History No Zoning History to Report R7:5 y4 {to -—R7.5 rfi Rt 7.5 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 - • • . • The applicants have applied for the closure of this alley with the intent to each incorporate 600 square feet of the 1,200 square foot alley into their adjacent properties. Impact to the residents along Myrtle Avenue should be minimal as only three homes front Myrtle Avenue, two of which belong to the applicants. The third home, 4505 Myrtle Avenue, is just 50 feet from 46th Street to the north which provides paved access to Atlantic Avenue. As required by City Code, a Viewers' Meeting was held on February 27, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Cavalier Advisors, LLC and Joseph L. & Kristi A Sullivan Agenda Item 5 page 2 of 12 Attorney, to consider this request. Because a sewer pipe is located beneath the alley, a public utility easement will be required to be dedicated to the City over the closed portion of the alley for maintenance purposes. Additionally, Public Works is requiring the dedication of a public drainage easement to the City over the closed portion of the alley. 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 subject to providing a public utility and drainage easement over the area. 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. 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 and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Departments of Public Works and Public Utilities, 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 two years 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/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive . • The Comprehensive Plan identifies this site as being located within the North End Suburban Focus Area.The North End is characterized by a relatively high density of single-family and duplex housing, high impervious Cavalier Advisors, LLC and Joseph L. & Kristi A Sullivan Agenda Item 5 page 3 of 12 surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. The City has implemented drainage improvements in the North End area to help alleviate these situations. The neighborhoods in this area also experience parking and circulation problems. Recommendations for projects within the North End include implementing 'Best Management Practices' for stormwater control and the use of attractive and high quality materials capable of withstanding severe weather events. (1-91 to 1-92) ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Cavalier Advisors, LLC and Joseph L. &2fKristi A Sullivan Agenda Item 5 page 4 of 12 ClosureStreet • NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED Q'Z'TH �F J, RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY G� OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. RIC ARNER a Lie. 2904 WRGINIA STATE PLANE 1 1B/24/2015 COORDINATE SYSTEM, SOUTH ZONE, NAD 1983 (1993 HARN) Z�— � � SURN�� A TLANTIC A VENUE (150' R/W) (M.B. 6, PG. 107) 15 FT. ALLEY (UNIMPROVED)(M.B. 6, PG. 107) S 0023'05' W 140, 625' 625' 7.5' 7.5' SOUTHERN 62.5' ' NORTHERN 62.5' OF THE REMAINS OF THE REMAINS OF LOT 59 , ,, OF LOT 42 0 h CAVALIER ADVISORS, LLC : JOSEPH L. SULLIVAN & 1 !� (I.N. 202503031604) v� KR35FI A SULLIVAN ;Z GPIN: 2418-87-8342 i (D.B. 4625, PG. 1646) !� GPLN: 2418-87-8275 rO SOUTHERN 62.5' m m LOT 60 z " a NORTHERN 62.5'-OF _ r OF LOT 43 AREA OF PROPOSED ALLEY AREA OF PROPOSED ALLEY CLOSURE (600 SO. FT. OR CLOSURE (600 SO. FT. OR t 0.014 ACRES) / 0.014 ACRES) 625' 7.5' 7.5' 62.5' N 0027'05'E 140' MYRTLE A VE (5(FO M RLY 2ND STREET)7) 0 25 50 75 Ft GRAPHIC SCALE SCALE: 1'=25' STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 10/24/2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 low THE NORTHERN62.5' �O�F��L+�O+TS 42 & 43 . r .UndsCaPe ArCr HeCIUre HE HO1�1.IES i..10Emrnee6 7.5:-4,,-In>:3 (M.B. 6, PG. 107) CWi(Er+.gixtel:dnq w�6ae.ccn-� `11 INIA Sf"G t."11 '°"` ° VIRGINIA BEACH, VIRGINIA 242 NIA TANG Y{,GINIA E a CAD/chk:BKM/eag CITY OF VIRGINIA BEACH, VA I IPLAT:H-691 dN:225-0226 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 5 of 12 Site • • - .I IF, .r r �e a i3i r�Yflw z t J i `n r� c i 3-- tI {. IAA , , S Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 6 of 12 Site • • out Nil itt a i j; G. Y' $`�a`�i! umkx'is 3rRaj 3 "'Ys Fl�i 4rt5 = F Cavalier Advisors, LLC and Joseph L. &�Kristi A. Sullivan Agenda Item 5 page 7 of 12 DisclosureAdvisors, VI • 1 Disclosure 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 J or all applications that pertain to City real estate matters or to the development ondlor 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: Cavalier Advisors,LLC,aVirginia limited liability company as listed on application _ _ _ Is Applicant also the Owner of the subject property? Yes +�NoC) ;f nq Property Ov ,..t m�f=t r�mi;�rre SEC?It77N� F'r?tlt'�RT r Jbt'l.+Eifi UiSCLUSt,'i2E(paae 3J. Does Applicant have a Representative?Yes No® If yas,name Representative: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo 1j'yes,list the nurnes of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary'or affiflated business entity z relationship with the applicant.(Attoch list f necessary.) Daniel R.Hooper,Member f _ 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©No(j) if yes,name the ofrivio?or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity onct.2or individual providing such services must be identified.(Attach list if necessary.;? SERVICE YES NO SERVICE PROVIDER Name tity andlor individual) Financing(mortgage,deeds of trust, en cross-collateralizat ion,etc.) i Atlantic Union Bank Real Estate Broker/Agent/Realtor =04) Disclosure Statement I rev. May-2024 page 1 of 3 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 8 of 12 DisclosureAdvisors, SECTION 1: APPLICANT r DISCLOSURE SERVICE YES N0 SERYlt PROVIDER � _�___ _ 1�tRtre entantl trr mdivida,al Accou itftaaxReturn Preparation �� :•� Architettldestgner(landscape ArchiteMand Fenner Construction Contractor _ E +,ineer/Serve or/A ent � 0 Evc t'W,WP€. Legal Services 0 Q R.E 8"fen jr,S#"amoom mwn d taut.P.C. APPLICANT CERTIFICATION READ.:certaf y tldt ail information contain of.r,this Form is cc MPl ete,true,codoccuratC funderstandthat, .1jtir�rereW Af notification that the appiir limn has been scheduledlat p ubiic h ;#am mpainWttor upafc 0"Q the(rlfarrrrattan pravit d herein three WCOks Prior to the Meeting Of ftming Commission,City Cturncit V8D4 CROA,Woltmds Roard or ar y pubirc WY or committ a Ira connection with this oppkedtfoiL Daniel R.Hoolier,Member ti 14 , saW1*4srflit 10/30/2025 Rpplicant Fume iPrint) Applicant Stature Date Y'Porentasubsidiary r€i t'orrslr3ls"means�o relatterrsh p tt;at evsts when one corporation Orecttyof indirectly awns shares possessing mwe than St)petcent of the vaattriq pourer of another Corporation,",See State and Local Corverpment Corfl ct of interests Act,VA.Code§2.2-:3101. a'Affiliated business entity relattonship,meonss a relationship,rather than rent-subsidiary relotrpns rp, that exists when(i)one business entity has a Controlling ownership interest in the other business entity,pi a ccntr01iing owner in One enta'ty is otso a eantrolting yawner in the other entity,-or(iiif there is sharer( manogemeot or Contra!between the business entities.factors that should be Considered in determining the exl-sterice of arc affiliated business entity relationship anclvde that the same person at substantially the some person own or manage the two eratftifA there are common or commin*d funds or ossets:the business entities-share the use of the same offxa or ernpkWeft or athenvhe share activities,resourCes or persorrriel on a rega+°^r is asrsx or there is osthenvue o close w0AW09 re ship between the entitles`See State and Local G;.. -r.l Conflict of late";Ar'r Vo Code§2,2<3101. FOR CITY USE ONLY: NO changes as of+date): Cal 28. 202C @Y Tt�es_ � � 812t}2Ei Stuff Name(Prim) staff signature Date Disctosure Statement I rev, biav-2074 paw 2 of 3 a€ Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 9 of 12 Disclosure (Joseph KristiA BEACH . Sullivan) VIRGINIA Disclosure The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this farm 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 Joseph L.Sullivan&Kristi A. Sullivan is Applicant also the Owner of the subject property? Yes • Noo if no,Propertif 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? YesQNoo if yes,list the names of of!officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary'or affiliated business entity r relationship with the applicant.(Attach list {necessary) Does the subject property have a proposed or pending purchaser? Yes No • if yes,name proposed or pending purchaser: KNOVVdN INTEREST BY PUBLIC OFFICIAL.OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noth If yes,neme the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the fallowing 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,Inr individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, 0 © Truist Bank(fka 89&T) cross-collateralization,etc.) • Real Estate Broker/Agent/Realtor 0 t1 Disclosure Statement I rev. May-2024 page 1 of 3 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 10 of 12 Disclosure (Joseph SECTION " Arctt�t�ctjl�esi�r�rrflantl szs#s�e DISCLOSURE continued SERVICE YES NO S E RenVtIi CEtl PROVIDER ROVIDER {dame aration� i4fu0!) Arrhlteet/Land Planner Construction Contractor 4�J I �Pnf;irieerd5urvclrotli`egcnt t,:d i� `•���>amet.r4�'k. APPLICANT CER11FICATION legal Services ' �:+' � � �.Edf�ard#ssack�a Jr„Syt&s. cca�vn,R•retri E E c,y F C: I READ:t cer'tfy their WImfornnrion ro ntaineo,r this foi- ?is compit te,true,and occurate r'urrdersrar$thor, upon rece"Pt Of n¢7rlfrrEar+an that the app;catton nu: been=rheduted fcr p:;ritrr.hr ar:n ,t r, res n$b e{or utxicbrig the ,orraa arr`pra Pra"(ded herein three weeks pr or to the meeting of plttnrtsnq(.-tganris-a.n, Cyr} Cfi[icil, VRt7Ai,CBPA, Wetlands 84,%ird or airy public body or committee in connec tion with t}°:vpp',eati:an I[ I a Joseph 1w Sullivan Applicant tha t(Mint) Ap ieant Signature mate "Pi tent-,tubsidica."y°refatianshlp'reams"a r anshtP that ex,sts where are ccrpo ut xi slrrectly a,r d=r rcly aw s shore* ssze srnp errata an 50 percent of tr r:voing Power a,7n rher cr r resr,an."See Stare and ltst i tsoire*Hexane Conflict of interests Act,VA Cade S 2,2 3101- '"cif lioredbusanessentityrelt+flctt hz�� grans`0rela[rontt,y.other thon rrenf-rwdsid:^,yrelar,arith,p that exist e when(i)-ant Pusini^cs r-miry has a controlling OwAer;brp:ia`erest rn the dither buss rss entity, da(aratrviling owner in€ile entity is u!sa e controthnp owner;,a the rather ant;y>or tib)there is shored rgana ement carcrsratrcE z rtr e�r the husix rss rntar rx l"actars rho shou'd be considered in derer fining the eadisrio nce of ar off=lsd red bu--.Hess entity re.ationihip irciud:,that the some person ar s rtratan.=ot.`y the some Person own,:at trarru e the two e nrr`taes,More ore ctamrnta- Or-OM-1 ingfrd jun s or cssets,"the hat:taus entirfe9 share the use of t?ti' a P ai#€atrs(}.'frr7J5;'4y"des 4r all',°fll'tSe share CC r+Y+ties.resouaees of otaSaRnet tan a rt gd dcr 13asas;ar ti err is ati envtse ra t'rase Woking r,i xt ,?aet at r rr r State and Locci 6overnr;erft Calf+=ct cr trace#ests Art Vac Cofte 2.2-31C1 FOR ITY USE ONLY: .. ttl 2 , :�02 No changer as of(;tatr)° 7z AC9ItE .ptF41CtC .d`sa _Jsmt.._ Staff Name Wrintl Staff Signature §.t,atk t i rcv. tly-2C? aft 1Ak Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 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. Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 12 of 12 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #5 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is item five. Is there a representative here today to speak on this? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Madam Vice Chair Byler, Chairman Coston, members of the commission. For the record, Eddie Bourdon, Virginia Beach attorney, representing Cavalier Advisors, LLC, and Joseph and Kristi Sullivan on this street closure application. All four of the conditions are acceptable and I appreciate Aubrey's work on this application. Thank you. Ms.Byler: Thank you,Attorney Bourdon. Please have a seat. I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Thank you, Vice Chair. The applicants are Cavalier Advisors,LLC and Joseph L. and Kristi A. Sullivan. The approximate location is 4502 and 4504 Myrtle Avenue. This is a request to close an unapproved right-of-way in that location. And it's been approved by city staff and there is no objection by the public. The Planning Commission has placed it on the consent agenda. Ms.Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1, 3, 5, 12, 14, 15, and 16, and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms.Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tally Commission Member AYE # NAY# ABS # ABSENT# Camp X Cromwell X Anderson X Byler (Vice Chair) X Schoonover X Plumlee X Hi en X Cuellar X Coston (Chair) X Moor'ani X Mauch X 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.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 and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Departments of Public Works and Public Utilities, 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 two years 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/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. t s R7.5 001 Vk S :H LF ST Q5� \ r 7\-5� r� 1 e t•1 i , 1 , 1 R 7.51, \ 45TH ST v sr" mC Site Cavalier Advisors, LLC & Joseph L. & Kristi A. Sullivan [ Zoning Adjacent to 45020& 4504 Myrtle Avenue Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 4/15/2026 rti S7_� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Joseph L. Sullivan and Kristi A. Sullivan for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to 4502 Myrtle Avenue MEETING DATE: May 19, 2026 ■ Background: Joseph L. Sullivan and Kristi A. Sullivan (the "Applicants") requested the closure of approximately 600 Square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the side of their property located at 4502 Myrtle Avenue, for the purpose of incorporating the closed area into their adjoining property. The owner of 4504 Myrtle Avenue has joined the Applicants in the street closure application and has requested that the remaining 600 square feet portion of the unimproved, unnamed alley also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On April 8, 2026, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request to City Council, with the following conditions, except conditions 2, 3 and 4 have been modified to apply to the width of the Right-of-Way adjacent to the Applicants' property: 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 Applicants shall 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 public drainage and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval Cavalier Advisors, LLC And Joseph L. & Kristi A. Sullivan Page 2 of 2 of the Departments of Public Works and Public Utilities, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the right-of-way proposed for the 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 Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:PO 1 ORDINANCE APPROVING APPLICATION OF 2 JOSEPH L. SULLIVAN AND KRISTI A. 3 SULLIVAN FOR THE CLOSURE OF ONE- 4 HALF OF AN UNIMPROVED, UNNAMED 5 ALLEY ADJACENT TO 4502 MYRTLE 6 AVENUE 7 8 WHEREAS, Joseph L. Sullivan and Kristi A. Sullivan (the "Applicants") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed Right-of-Way discontinued, closed, and vacated; 11 and 12 13 WHEREAS, it is the judgment of the Council that said portion of Right-of-Way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before two (2) years from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described portion of unimproved Right-of-Way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before two (2) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED ALLEY CLOSURE 29 (600 SQ. FT. OR 0.014 ACRES)" and shown as the hatched 30 area on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF AN UNNAMED 15 FT. ALLEY 32 ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 & 33 THE NORTHERN 62.5' OF LOTS 42 & 43 THE HOLLIES 34 (M.B. 6, P. 107) VIRGINIA BEACH, VIRGINIA, Scale: 1" _ 35 25', dated October 24, 2025, prepared by WPL, a copy of 36 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: 2418-87-8275 45 1. The City Attorney's Office shall make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City shall be 47 determined according to the "Policy Regarding Purchase of City's Interest in Streets 48 Pursuant to Street Closures," approved by City Council. 49 50 2. The Applicants shall resubdivide the property and vacate internal lot lines 51 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 52 submitted and approved for recordation prior to the final street closure approval. Said 53 plat shall include the dedication of a public drainage and utility easement over the 54 closed portion of the alley to the City of Virginia Beach, subject to the approval of the 55 Departments of Public Works and Public Utilities, and the City Attorney's Office, which 56 easement shall include a right of reasonable ingress and egress. 57 58 3. The Applicants shall verify that no private utilities exist within the right-of- 59 way proposed for the closure. If private utilities do exist, easements satisfactory to the 60 utility company, must be provided and shall be recorded after the final resubdivision plat 61 is recorded with the Clerk of Circuit Court. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the 64 above stated conditions within 730 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved for recordation 66 within two years of the City Council vote to close the right-of-way this approval shall be 67 considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before May 18, 2028, this 72 Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before May 18, 2028, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (as "Grantor") and JOSEPH L. SULLIVAN and KRISTI A. SULLIVAN 87 (as "Grantee"). 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 89 of . 2026. 90 91 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 92 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /1'(1 e) Planning Department City Attorney CA17042 May 7, 2026 EXHIBIT A NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED �,Ati OF RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE f� ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY Gl OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. RIC ARNER Lic. 2904 a 19RG1NIA STATE PLANE COORDINATE SYSTEM, SOUTH 10/14/1015 ZONE, NAD 198J (199J HARN) �� .�� x A TLANTIC A VENUE l� SURy� (150' R/W) (M.B. 6, PG. 107) 15 FT. ALLEY (UNIMPROVED)(M.B. 6, PG. 107) S 00'2J'05" W 140' 62.5' i 62.5' SOUTHERN 62.5' ' NORTHERN 62.5' OF THE REMAINS OF THE REMAINS OF LOT 59 ,� OF LOT 42 �u N/F 3 3 N/F ' CAVALIER ADVISORS, LLC t t JOSEPH L. SULLIVAN & 3 h (I.N. 202503031604) h KRISTI A SULLIVAN GPIN: 2418-87-8342 ,M (D.B. 4625, PG. 1646) GPIN: 2418-87-8275 �O SOUTHERN 62.5' OF LOT 60 z z NORTHERN 62.5' z OF LOT 43 ®AREA OF PROPOSED ALLEY , AREA OF PROPOSED ALLEY , CLOSURE (600 50. FT. OR CLOSURE (600 SO. FT. OR 0.014 ACRES) / 0.014 ACRES) 62.5' 7.5' , 7.5' 62.5' N 00'23'05" E 140' MYRTLE A VE (50'(FO M RL 7)Y 2ND STREET) 0 25 50 75 Ft GRAPHIC SCALE SCALE: 1"=25' STREET CLOSURE KMBIT SHEET 1 OF 2 OF 10/24/2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 taut*capeArddiacture THE HOLLIES LandSurveyinU 757-431.1041 Civi6,c neering wpkile.com (M.B. 6, PG. 107) 3.2 MUSTANG I t A SUITF ! VItGINIA tEAtN. VItGINIA 11151 VERGU ABEACH, VIRGHII A CAD chk: BK1i eag CITY OF VIRGINIA BEACH, VA I PLAT: H-691 JN:225-0228 LOT# OWNER(S) - N/F GPIN REFERENCE(S) NORTHERN 62.5' OF SULLIVAN, JOSEPH L. & 2418-87-8275 M.B. 6, PG, 107 LOTS 42 & SULLIVAN, KRISTI A. D.B. 4625, PG. 1646 43 SOUTHERN 62.5' OF CAVALIER ADVISORS LLC 2418-87-8342 M.B. 6, PG 107 LOTS 59 & IN. 202503031604 60 NORTHERN 62.5' OF THE CAVALIER ADVISORS LLC 2418-87-8338 M.B. 6, PG. 107 REMAINS OF IN. 202403030348 LOTS 59 & 60 SOUTHERN 92.4' OF n THE THETFORD, HARRY T. & 2418-87-8198 M.B. 6, PG. 107 REMAINS OF THETFORD, ANNA LIZA M. IN. 20180507000373580 LOTS 42 & 43 �p lyTH OPP. 17-4 RIC ARNER Lic. 2904 1012412025 �• SURNFa �o SCAM:: NTS STREET CLOSURE EXHIBIT ocTosBx z OF 2 OF 2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 THE HOLMES Mi.�ro � (M.B. 6, PG. 107) ' 31.10,41 F �s�a►%W 5e'r�i�t' w VIRGHffA BEACH, VIRGRgA D/chk: BKM/eeg CITY OF VIRGWIA BEACH, VA I I PLAT: 11-691 TN:225-0228 Agenda CouncilApplicants: Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Planning Commission Public Hearing: April 8, 2026 V_B' City 1 • Project Details Request Street Closure (15'x80' unimproved alley) Staff Recommendation z" pllkY Approval Staff Planner Y�K 9AY i.,oN c Aubrey A. Trebilcock P y � T 1 Ad jacentAddress c_ `�`i . H a ST Sim r t 4502 & 4504 Myrtle Avenue �" �-�; ��I' \� �� Adjacent GPINs 2418878275, 2418878342 Xy Site Size 1,200 square feet AICUZ _ 't, t Itl. 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean 1 Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North v� Single-family dwelling/R-7.5 Residential - South Single-family dwelling/ R-7.5 Residential East ` Atlantic Avenue Single-family dwellings/R-7.5 Residential West Myrtle Avenue Single-family dwellings/R-7.5 Residential Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 1 of 12 Background SummaryofProposal • The applicants are requesting to close unimproved right-of-way between 4502 and 4504 Myrtle Avenue. The area proposed for closure is 15-feet by 80-feet and equates to approximately 1,200 square feet. • A public sewer line runs through the center of the unimproved alleyway, parallel to the side property lines of 4502 and 4504 Myrtle Avenue. Zoning History No Zoning History to Report t' r R7:5 9� --RT5 IPA rfi p1 R7.5. - 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 - • • • The applicants have applied for the closure of this alley with the intent to each incorporate 600 square feet of the 1,200 square foot alley into their adjacent properties. Impact to the residents along Myrtle Avenue should be minimal as only three homes front Myrtle Avenue, two of which belong to the applicants. The third home, 4505 Myrtle Avenue, is just 50 feet from 46th Street to the north which provides paved access to Atlantic Avenue. As required by City Code, a Viewers' Meeting was held on February 27, 2026, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Cavalier Advisors, LLC and Joseph L. & Knsti A. Sullivan Agenda Item 5 page 2 of 12 Attorney, to consider this request. Because a sewer pipe is located beneath the alley, a public utility easement will be required to be dedicated to the City over the closed portion of the alley for maintenance purposes. Additionally, Public Works is requiring the dedication of a public drainage easement to the City over the closed portion of the alley.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 subject to providing a public utility and drainage easement over the area. 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.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 and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Departments of Public Works and Public Utilities, 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 two years 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/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 North End Suburban Focus Area.The North End is characterized by a relatively high density of single-family and duplex housing, high impervious Cavalier Advisors, LLC and Joseph L. &Kristi A. Sullivan Agenda Item 5 page 3 of 12 surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. The City has implemented drainage improvements in the North End area to help alleviate these situations. The neighborhoods in this area also experience parking and circulation problems. Recommendations for projects within the North End include implementing 'Best Management Practices' for stormwater control and the use of attractive and high quality materials capable of withstanding severe weather events. (1-91 to 1-92) ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 2S, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 4 of 12 ClosureStreet • NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED ,AZ'TH CFG RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE rtj ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY lG� OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. RIC ARNER*-' Lie. 2904 a 19RGINIA STATE PLANE 1 7012412025 �. COORDINATE SYSTEM, SOUTH ZONE, NAD 1963 (1993 HARN) --�Z 9�d SURN A TLANTIC A VENUE (150' R/W) (M.B. 6, PG. 107) 15 FT. ALLEY (UNIMPROVfD)(M.B. 6, PC. 107) S 002305" W 140' 62.5' 625' 7.5' 7.5' SOUTHERN 62.5' NORTHERN 62.5' OF THE REMAINS OF THE REMAINS OF LOT 59 , ,, OF LOT 42 a h CAVALIER ADVISORS, LLC + JOSEPH L. SULLIVAN & 3 1 j (I.N. 202503031604) KRISTI A. SULLIVAN h GPIN: 2418-87-8342 i (D.B. 4625, PG. 1646) !� a q GPIN: 2418-87-8275 `O SOUTHERN 62.5' m OF LOT 60 = z NORTHERN 62.5' OF LOT 43 ®AREA OF PROPOSED ALLEY , AREA OF PROPOSED ALLEY CLOSURE (600 SO. FT OR CLOSURE (600 SO. FT. OR I. 0.014 ACRES) / 0.014 ACRES) 625, 7.5' 7.5' 62.5' N 00'23 05"E 140' MYRTLE A VE (50'R/W) (M.B. 6, PG. 107) (FORMERLY 2ND STREET) 0 25 50 75 Ft GRAPHIC SCALE SCALE: 1"=25' STREET CLOSURE EXHIBIT SHEET I OF 2 OF 10/24/2025 AN UNNAMED 15 FT. ALLEY ADJACENT TO THE SOUTHERN 62.5' OF LOTS 59 & 60 THE NORTHERN 62.5' OF LOTS 42 & 43 l andSCape ArCNIPCIum THE HOWES !.and surnytng 757-4311" ;:ivlC Enginae+ing wpkite., (M.B. 6, PG. 107) 'v.I M113IAtiG I+411, sY214 VIRGINIA BEACH, VIRGINIA ,'.I U IANG VIRGINIA II+s: CAD/chic BKK/c&& CITY OF VIRGINIA BEACH, VA PLAT:H-891 JN:225-0228 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 5 of 12 Site • • ;f _ t � M S` F�lit Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 6 of 12 Site • • �5�ka D p " v. Y i _ ..%b $�e� a�i',.� ��',� >h•�a*� �:' ,� a- o- Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 7 of 12 DisclosureAdvisors, DisclosureVIRGINIA V BEACH Statement r The disclosures contained in this form are necessary to inform public officials who may vote on the oppikation 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 opplicotion Cavalier Advisors,LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? TYese N00 If no,Property Owner must compiete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No0 if yes,name Representotiv,: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo if ye_ list the nurnes of a'i ufjrcers,directors,members,or trustees below AND businesses that have a parent-subsidiary'er af,fAiated business entity S relationship with the applicant.(Attach list if necessary.) Daniel R.Hooper,Member Does the subject property have a proposed or pending purchaser? Yes U No • If yes,nome proposed or pending purchoser: 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 ncme of the entity andlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ (Name entity and/or individual Financing(mortgage,deeds of trust, Q O Atlantic Union Bank cross-coilateralization,etc.) Real Estate Broker/Agent/Realtor Q Disclosure Statement I rev. May-2024 page 1 of 3.« .to.{ Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 8 of 12 DisclosureAdvisors, SECTION • ' DISCLOSURE j SERVICE YES NO SERVICE.PROVIDER Name entity an individual Accou ntirippaxReturnPreparation O Architect/Designer/landscape r.� O Architect/Land Planner 0 Construction Contractor O, E 'Weer/Serve ar/A ent Q O Etc Garner.Yi9L Legal Services (D O R-Edr•nd lfocrqui Jr.S14*i Sordim Non d t.*rir.PC. APPLICANT CERTIFICATION READ;i«n,j y owi oil informmation contained in this form is complete,true,arnd accurate.1 understand that utrnn rerript of notification that the application has been scheduled fur public hearing, i am responsible for a pdor,rrq the information provided Herein Wee weeks prior to the meeting of Planning commission, City CourciL VSDA,CBPA,Wrtlands Board or any public body or committee in connection with this applcation. Daniel R.Hooper,Member cv r *. gs is ki'l tt tt 10/30/202S Applicant Name iPrint) Applicant Signature � pate i'Potent-subsidiary relationship"means'a relationship that+► $tS where one corporation directly or irdlrectly owns shores possessing more than 50 percent of the votinq power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. ?Affiliated business entity relationship"meons'a relationship,other than parenr•subsidiory relationship, that exists when jij one business entity has a controlling ownership irrterest in the other business entity,pi, a controlling owner in One entity is also a controlling owner it the other entity,or(iri)there is shored management or control between the business entities.Foctors that should be considered or determining the rxistrnce of on affiliated business entity relationship include that the some person or substontlal#y the some person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel or a regular basis;or there is otherwise a close►vorking relationship betwerr the ent ,Stott and Loral Government Conflict of interests act, Vo Code§2.2-3101. FOR CITY USE ONLY: No changes as of idate): April 28, 2026 _.AvbreXJre0jk *Z"o T..GC...s 04/2812026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May 2024 vqr 2 of Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 9 of 12 Disclosure (Joseph DisclosureCITY O- 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 Joseph L. Sullivan& Kristi A. Sullivan Is Applicant also the Owner of the subject property? Yes&Noo "no, Property Owne,n--ust c, mp'.=le SECTiON 2.PROPERTYObVNER O1SC10SURF(page 3). Does Applicant have a Representative?Yes(j)Noo If yes,name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesCNo& If yes,list the names of all officers,directors,members,or trustees below,,VVD bu-sincsses rhos have a parent-subsidiary'or affiliated business entity-relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL.OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No& if yes,name the official or employee,and describe the nature of their interest. E-- - __ APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the s ubject application or any business operating or to be operated on the property. The name of the entity andlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 O Truist Bank(fka BB&T) Real Estate Broker/Agent/Realtor O e Disclosure Statement I rev. May-2024 page 1 of 3 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 page 10 of 12 Disclosure (Joseph SERVICE _ YES NO SERVICE PROVIDER f __.___..__ fName rntiry and/or individual) Accqunting/TaxRetarrPr aration � — I Archttett�signer;Landsc•pt O . l Architect nd Planner Construction Contra tar 0 E) I frig;naerJSurviyar{))gone 0 t tour r.iY t. — t.cgal Services _..a 1. O K Seward bourkii,k.*kw BW*A.Ahem d I avy,VC APPLICANT CERTIFICATION READ:t certify that O mformatlon contoined in this Form is complete,true,and accurate.i understand that, upon receipt or notif cation that the application has been schedule,-d for public hearing,/am responsible for updating the,nfotmotion provided herein three week's Pnor to the meeting of Planning Commission, Cie}• Council, VBDA,CBPA, Wetlands Ro*rd or any public body or committee in connection with this application 0 Joseph L Sullivan i �C Jti.� <'4 a Applicant Natnu(Ptint) At) icarnt Signature Ilat• l "Potent-subiidiory relotionship"rnearAs'a r anship that exists when one corporation directly or Iderectly owns shares possessing more than 50 percent or the voting po;a sr of another corporation.`See State and Local Government Conflict of interests Act,VA-Cade§2.2.310L "Affiliated business entity relotionship''eons"a relationship,other thon parent-subsidiary relationship, that exists when(i)one business entry has a controlling ownership interest in the other business entity,fil} a controlling owner in one entity is clso a controlling owner in the outer entity,ar(ijq there is shared management or control between the business entities.factors that should be consdered in determining the existence of an affiliated business entity relationship include that the some person or substontiolty the some person own or manage the two entities;there are comma,,)or commingird funds or ossets,the business enriifes share the use of the some Offices or emplo ees or otherwise shore cct,vities,resources or personnel on a regulor basis:at there is otherwise a close working r)°lationst ip hetwee,^the entities`See^ State and Local Government Conflict of Interests Act, Va.Code FOR CITY USE ONLY No change:as of(date)- April 2 • 2026 04128/202t ,Staff Namur(Print) Staff Signaturo crate OKck),ture Statement ( rev. May-204 Pygo Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Agenda Item 5 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. Cavalier Advisors, LLC and Joseph L. & Kristi A Sullivan Agenda Item 5 page 12 of 12 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #5 Cavalier Advisors, LLC and Joseph L. & Kristi A. Sullivan Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is item five. Is there a representative here today to speak on this? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Madam Vice Chair Byler, Chairman Coston, members of the commission. For the record, Eddie Bourdon, Virginia Beach attorney, representing Cavalier Advisors, LLC, and Joseph and Kristi Sullivan on this street closure application. All four of the conditions are acceptable and I appreciate Aubrey's work on this application. Thank you. Ms.Byler: Thank you,Attorney Bourdon. Please have a seat. I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Thank you, Vice Chair. The applicants are Cavalier Advisors,LLC and Joseph L. and Kristi A. Sullivan. The approximate location is 4502 and 4504 Myrtle Avenue. This is a request to close an unapproved right-of-way in that location. And it's been approved by city staff and there is no objection by the public. The Planning Commission has placed it on the consent agenda. Ms.Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1, 3, 5, 12, 14, 15, and 16, and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.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 and utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Departments of Public Works and Public Utilities, 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 two years 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/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. AG1 AG2 IL SANDBRIDGE RD Z N In 0 � o m 00 N in ® site Steve Barnes p zoning 1100 Sandbridge Road 0 Property Polygons Feet 0 62.5 125 250 375 500 Map created by Planning Department on 4/15/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE BARNES [Applicant] STEVE R & CYNTHIA W BARNES [Property Owners] Modification of Conditions to a Conditional Use Permit for the property located at 1100 Sandbridge Road (GPIN 2423254722). COUNCIL DISTRICT 2 (Henley) MEETING DATE: May 19, 2026 ■ Background: The applicant is seeking to modify conditions associated with a 2015 City Council- approved Conditional Use Permit for a Farm Stand at 1100 Sandbridge Road. More specifically, the applicant is seeking to modify the site layout to allow for a food truck as an accessory use to the existing farm stand. The proposed food truck will be located to the west of the existing farm stand and will prepare food sourced from the farm or produced locally. Additionally, picnic tables are proposed directly behind the food truck for use by its patrons. ■ 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 existing farm stand and proposed food truck are considered. The food truck will provide an amenity for the community and visitors and will not result in any land disturbance. Additionally, the site is located within the AE Flood Zone with a Base Flood Elevation (BFE) of 3 feet. The applicant has proposed options for the trailer to comply with floodplain regulations, including temporary placement on-site for fewer than 180 consecutive days and licensing for highway use, thereby addressing all safety and regulatory concerns. 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 May 13, 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 20, 2015, shall be voided and replaced with the following conditions below. Steve Barnes Page 2 of 2 2. The site shall be developed in substantial conformance to the exhibit entitled "Steve Barnes Food Truck," dated 3/19/2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The farm stand and food truck shall not be open for business except between the hours of 7.00 a.m. and 8.00 p.m. 4. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of the sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 5. The operator shall maintain a current Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker and Permit. 6. There shall be no amplified music associated with the food truck. 7. The site shall be limited to one (1) food truck. 8. The food truck shall not remain on-site for more than 180 consecutive days. 9. The food truck shall be fully licensed and ready for highway use. 10.All requirements of the Virginia Beach Fire Prevention Bureau Special Events Guidebook shall be followed and maintained. 11.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r - Submitting Department/Agency: Planning Department City Manager: K Agenda Item • A•• Barnes ••' • i Cynthia W Barnes Planning Commission • • • vs CouncilCity Project Details Request Modification of Conditions Staff Recommendation Approval Staff Planner Alexis Bailey Location S4� 1100 Sandbridge Road GPIN m Z m s I � _ m 2423254722 o p7p A o P NZ Site Size a A 4.96 acres A mp � AICUZ A x Less than 65 dB DNL Watershed � t v Southern Rivers Existing Land Use and Zoning District ` . Farm, farm stand /AG-2 Agricultural Surrounding Land Uses and Zoning Districts ' North f�3 Single-family dwelling/AG-1 Agricultural/AG-2 «fi Agricultural 04 4 South � Sandbridge Road sarioeRhacE r�o Single-family dwelling/AG-1 Agricultural/AG-2 Agricultural, ry East Single-family dwelling/AG-1 Agricultural/AG-2 Agricultural West Single-family dwelling/AG-2 Agricultural Steve Barnes Agenda Item 9 page 1 of 12 Background & Summary of Proposal • The applicant is requesting a Modification of Conditions to an existing Conditional Use Permit for a Farm Stand to allow a food truck as an accessory use. • On January 20, 2015, a Conditional Use Permit was approved for a farm stand greater than 3,500 square feet on the property. At that time, a Subdivision Variance and a Floodplain Variance were also granted. Since the conceptual site plan approved with the 2015 Conditional Use Permit did not include the proposed food truck, a Modification of Conditions is required. • The site currently contains a 5,400 square foot farm stand and growing fields for soy, herbs, and cut flowers. • The proposed food truck will be located to the west of the existing farm stand and will prepare food sourced from the farm, sold at the farm stand, or produced locally. Additionally, the applicant is proposing to add picnic tables directly behind the food truck for use by its patrons. Zoning • I # Request AG1 CUP (Farm Stand) Approved 01/20/2015 1 SVR Approved 01/20/2015 FVR Approved 01/20/2015 tiG2 A�C2 SANDBRIDGE RD 1 AG2 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Steve Barnes Agenda Item 9 page 2 of 12 Evaluation • • • The proposed Modification of Conditions to a Conditional Use Permit for a Farm Stand to allow a food truck as an accessory use to the existing farm stand 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 existing farm stand and proposed food truck are considered. The food truck will provide an amenity for the community and visitors and will not result in any land disturbance. Additionally, the site is located within the AE Flood Zone with a Base Flood Elevation (BFE) of 3 feet NAVD 88. The applicant has proposed options for the trailer to comply with floodplain regulations, including temporary placement on-site for fewer than 180 consecutive days and licensing for highway use thereby addressing all safety and regulatory concerns. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions for Modification of Conditions (MDC) 1. All conditions attached to the Conditional Use Permit approval of January 20, 2015, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the exhibit entitled "Steve Barnes Food Truck," dated 3/19/2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 3. The farm stand and food truck shall not be open for business except between the hours of[strikethrough begins] &-7:00 a.m. and [strikethrough begins] g [strikethrough ends] 8:00 p.m. 4. There shall be no less than one (1)trash receptacle per one thousand (1,000) feet of the sales area for the food truck. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 5. The food truck operator shall maintain a current Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker and Permit. 6. There shall be no amplified music associated with the food truck. 7. The site shall be limited to one (1) food truck. 8. The food truck shall not remain on-site for more than 180 consecutive days. 9. The food truck shall be fully licensed and ready for highway use. Steve Barnes Agenda Item 9 page 3 of 12 10. All requirements of the Virginia Beach Fire Prevention Bureau Special Events Guidebook shall be followed and maintained. 11. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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 Conditionsfrom 115 Conditional Us- Permit1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the addition shall be developed substantially in conformance with the submitted Site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD." 2. With the exception of any modifications required as a result of the review process for recording the final Plat, the property shall be subdivided substantially in accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF MARTHA SUE RIGGS," dated September 20, 2014, and prepared by Bonifant Land Surveyors, Inc. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. Comprehensive Plan Information The site is considered to be within the Suburban Area a primary guiding principle of which is to create "Great Neighborhoods" and serve them through complementary non-residential uses (p. 1-60, Comprehensive Plan 2016 Policy Document). A primary principle for the Suburban Area is to "recognize the city's original rural land use pattern and lifestyle by ensuring that development along the southern edge of the Suburban Area has a lower density and intensity and possesses site and building designs that ensure an appropriate change from the Suburban Area to Princess Anne Commons and the Transition Area, and ultimately, to the Rural Area" (pp. 1-59-1-60, Comprehensive Plan 2016 Policy Document) Steve Barnes Agenda Item 9 page 4 of 12 ResourcesNatural & Cultural • The site is located in the Southern Rivers and is located in the AE flood zone with a Base Flood Elevation (BFE) of 3 feet NAVD 88. There are no known historical 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 trip generation data available for the existing land use Sandbridge Road 8,500 ADTI 11,200 ADT 1(LOS 4 Proposed Land Use 3- No trip generation data available for this land use; however, the addition of a food truck will likely significantly increase traffic to the site. 1 Average Daily Trips 'As defined by a farm 4LOS = Level of 'As defined by a farm stand and a food Service stand truck Master Transportation Plan (MTP)and Capital Improvement Program(CIP) Sandbridge Road, in the vicinity of this application, is currently a two-lane undivided rural minor arterial road. There are no plans to improve the portion of Sandbridge Road in front of these properties at this time. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. Steve Barnes Agenda Item 9 page 5 of 12 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on April 13, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 29, 2026 and May 6, 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 April 27, 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 May 7, 2026. Steve Barnes Agenda Item 9 page 6of12 Proposed Layout Steve Barnes Food Truck Dated: 3/19/2026 - - ,#. E.e,t_ _...,.R . F� v �'- Proposed Food Picnic Tables Truck -RIDGER D- .m� r y�y Steve Barnes Agenda Item 9 page 7of12 Site Photos k ,C A r w Y fs u G sfl� i q Steve Barnes Agenda Item 9 page 8 of 12 Disclosure CITY OF VIRGINIA Disclosure vs, BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertoin to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies, SECTION APPLICANT ' 1 DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Steve Barnes Is Applicant also the Owner of the subject property? Yes( Na0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE f page 3). Does Applicant have a Representative?YesO No0 If yes,name Representative:Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONol�) if yes,list the names of all officers,directors,members,or-trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO No(�) If yes,home the official or employee,and describe the nature of their interest. l 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 Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. M a y-2024 page 1 of 3 Steve Barnes Agenda Item 9 page 9 of 12 Disclosure SECTIONDISCLOSURE — ------- ---- — - SERVICE YES NO SERVICE PROVIDER Name entity and or Individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services —_ 0 APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Steve Barnes 03/02/2026 Applicant Name(Print) Applicant Signature Date "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2'Affiliated business entity relationship"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 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): 5/7/2026 Alexis Bailey 5/7/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Steve Barnes Agenda Item 9 page 10 of 12 SECTION'--Disclosure Statement • • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Steve Barnes& Cynthia W. Barnes 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 relationship with the applicant.(Attach list if necessar .J 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 No0 If yes,name the official or employee,and describe the nature qf 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 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O 0 Accounting/Tax Return Preparation O Architect/Designer/Landscape O 0 Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O O — Legal Services 0 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 pt4blic bod or committee in connection with this application. Steve Barnes 03/02/2026 Property Owner Name(Print) P p y Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Steve Barnes Agenda Item 9 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. Steve Barnes Agenda Item 9 page 12 of 12 A I I AG2 I t SANDBRIDGE RD n O m vm AG2 ® site Steve Barnes Zoning 1100 Sandbridge Road I Property Polygons m 0 62.5 125 Map created Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #9 Steve Barnes Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Then the next item is agenda item 9. Is there a representative here today to speak on this? Mrs. Alcock: Vice Chair there is no one here today to speak on this,but we have spoken with the applicant. They are accepting of the conditions. There was a request to modify the hours of operation to be from 7:00 a.m.to 8:00 p.m. as was conditioned with the 2015 approval so if that is the will of this body they would like to have that modification to condition 3. Ms. Byler: Okay so the conditions are acceptable then. Mrs. Alcock: With the modification to the operating hours if that pleases the commission to be from 7:00 a.m. to 8:00 p.m. Ms. Byler: Okay is there any objection from the commissioners. All right with that slight modification than I have asked Commissioner Cromwell to read this into the record. Mr. Cromwell: This is a request for Steve and Cindy Barnes at 1100 Sandbridge on a 4.96-acre lot. The applicant is requesting a modification of conditions to an existing conditional use permit for a farm stand to all a food truck as an accessory use. The site currently contains a 5,400 square foot farm stand and growing fields for soy, herbs, and cut flowers. The proposed food truck will be located to the west of the existing farm stand which will prepare food sourced from the farm, sold at the farm stand or produced locally. Additionally, the applicant is proposing to add picnic tables directly behind the food truck for use by its patrons. Carrying no opposition to this we recommend this for the consent agenda. Ms. Byler: Thank you, Commissioner Cromwell. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1, 2, 3, 4, 5, 6, 9, 10, 11, 14, 15, and 18, and the records of the minutes. Mr.Coston: Thank you Vice Chair. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Anderson: So moved. Ms. Hippen: Second. Mr.Coston: The motion was moved by Commissioner Anderson and seconded by Commissioner Hippen for consent. Is there anyone abstaining from any of these items. Mr. Plumlee: Yes, this is Brian Plumlee. I'm abstaining from the May site visit and items one, two, and three. Thank you. Mr. Coston: Thank you. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee. Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 2, 3, 4, 5, 6, 9, 10, 11, 14, 15, 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 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 this meeting either virtually or in-person, but you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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. All conditions attached to the Conditional Use Permit approval of January 20, 2015, shall be voided and replaced with the following conditions below. 2. The site shall be developed in substantial conformance to the exhibit entitled "Steve Barnes Food Truck," dated 3/19/2026, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 3. The farm stand and food truck shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. 4. There shall be no less than one (1)trash receptacle per one thousand (1,000) feet of the sales area for the food truck. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 5. The food truck operator shall maintain a current Virginia Beach Fire Department Fire Prevention Bureau Inspection Sticker and Permit. 6. There shall be no amplified music associated with the food truck. 7. The site shall be limited to one (1) food truck. 8. The food truck shall not remain on-site for more than 180 consecutive days. 9. The food truck shall be fully licensed and ready for highway use. 10. All requirements of the Virginia Beach Fire Prevention Bureau Special Events Guidebook shall be followed and maintained. 11. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. R5R(SU CoR i AK a Er R B2(SD,) " qVE r � ' o o �l / . w a MACSF l EN w 0E o ,. ©R B:2 � K z z a � i ° j z MgCkE w � NAVEIjz B2(SD) CIN k 11,61k z RSR(SD � z Al2(SD) as `' (PDR2) :,. Al2(SD) ® site Commonwealth Brewing Company, LLC N Q Zoning 2440 & 2444 Pleasure House Road `VJ. Property Polygons s Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 a�"ems, :Z. (u2 C>) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COMMONWEALTH BREWING COMPANY, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 2440 & 2444 Pleasure House Road (GPINs 1570501631,1570502725). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: May 19, 2026 ■ Background: The applicant is seeking to modify a condition associated with a previously approved Modification of Conditions for a Craft Brewery, approved by City Council on February 4, 2025. The subject parcels, located within the Shore Drive Corridor Overlay District and zoned B-2 Community Business District, have been in use as a craft brewery since 2015, following approval of a Conditional Use Permit on December 9, 2014. In 2023, the applicant pursued a Modification of Conditions to address an after- the-fact expansion of the outdoor seating and parking areas that had been completed without the required approvals. This request was approved by City Council on October 17, 2023, with conditions requiring compliance with Public Works Design Standards, including installation of curb and gutter, paved parking, and sidewalks. In 2025, the applicant obtained approval for an extension to the timeline established under Condition 4 of the 2023 approval, which required submission of a site plan within 90 days and acquisition of permits within one year. Since that time, the site plan has undergone multiple rounds of review, with the applicant's engineer continuing to coordinate with staff to resolve outstanding comments. As the project remains under review and did not meet the February 4, 2026, deadline to obtain permits and commence work, the applicant is requesting an additional one-year extension to Condition 4. ■ Considerations: Condition 4, approved by City Council on February 4, 2025, required submission of a site plan within 90 days and the acquisition of permits to commence work within one year from the date of approval. While the applicant met the initial submittal deadline, they were unable to obtain the necessary permits to begin construction within the required timeframe, prompting a request for a one-year extension. The delay is related to factors associated with the 2023-approved Street Closure for Lake Drive. As the underlying fee in Lake Drive was not owned by the city, a receiver is involved in the closure, which has added to the overall length of the process. While the Planning Commission was supportive of the request, they Commonwealth Brewing Company, LLC Page 2 of 4 recommended revising Condition 4 to require that all permits be obtained and construction commence within 180 days of the City Council approval. 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 April 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. All conditions attached to the existing Modification of Conditions approved by the Virginia Beach City Council on February 4, 2025, shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company — Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall resubmit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days of City Council approval of this request and shall obtain all required permits and commence construction within ene (1) "oar 180 days of City Council approval. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5) years from the date of City Council approval of this request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Commonwealth Brewing Company, LLC Page 3 of 4 Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Pleasure House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10.Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 11.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Commonwealth Brewing Company, LLC Page 4 of 4 Submitting Department/Agency: Planning Department City Manager: - Agenda Applicant & Property •wner: Commonwealth Brewing Company, Planning Commission ' • April 8, 2026 CouncilCity 1 • (Schulman) VB' Project Details Request Modification of Conditions Staff Recommendation 8R"or }�� aq "r�RNE"RD Via;"" i RRgbPp�� w _ GRRs Approval tTEEX CAVE j w qVE GUgM Staff Planner j s kEN 8( c Rf[4/R ry s EE Marchelle Coleman Location M"Cyt = CORONf AVE gK[fR 2440& 2444 Pleasure House Road qVfAVE °ENr 4 "KE pR GP/Ns 1570501631, 1570502725 Rqr " Site Size [IRicaoouNnk[N�z�rp.�i o N4� 43,866 square feet x AiCUZ `j 'Zy 2` o E'oWF11Sp0!"i RD Less than 65 dB DNL ' W'N°'°"G 3 r Watershed Chesapeake Bay Existing Land Use and Zoning District cqKIZ aR ' . Craft brewery, eating & drinking establishment, .. s public pump station/ B-2 Community Business Surrounding Land Uses and Zoning Districts o: = North Office, City Pump Station/ B-2 Community Business ° �M South , a Judge Lanew� � ." ' Single-family dwelling, multi-family dwellings/ B-2 a k z Community Business/A-12 Apartment East `�qc Northampton Boulevard ePc Westt ` Pleasure House Road Single-family dwellings, Duplex/ R-5R Residential Commonwealth Brewing Company, LLC Agenda Item 6 page 1 of 16 Background & Summary of Proposal • The applicant is requesting to modify a condition associated with a Modification of Conditions for a Craft Brewery approved by City Council on February 4, 2025.The subject parcels are located within the Shore Drive Corridor Overlay District and zoned B-2 Community Business District. • On December 9, 2014, the applicant obtained a Conditional Use Permit to operate a Craft Brewery at 2440 & 2444 Pleasure House Road which has been in operation since 2015. • In 2023, the applicant sought a Modification of Conditions for an after-the-fact expansion of the Craft Brewery, specifically to expand the outdoor seating areas and parking lot, which had been developed without the necessary approvals and permits. The City Council approved the Modification of Conditions on October 17, 2023, indicating that the applicant must construct and install all required improvements associated with the 2014 approval, including curb and gutter, paved parking, and sidewalks, to ensure the site complies with the Public Works Design Standards Manual. • In 2025, the applicant requested a Modification of Conditions to extend the timeframe established in Condition 4 of a previous Modification of Conditions approved by City Council on October 17, 2023. That condition required the site plan to be submitted within 90 days of City Council's approval and all necessary permits to be obtained within one year in order to begin work. On February 4, 2025, City Council approved the modification, extending the required timeframe. • Since the City Council approved the Modification of Conditions request in February 2025, the site plan has undergone several rounds of review.The applicant's engineer continues to work with staff to address outstanding comments necessary to obtain site plan approval and the required permits. Because the project remains under review and did not meet Condition 4 of the Modification of Condition, which required that all permits be obtained and work commence by February 4, 2026,the applicant is requesting a modification to Condition 4 to allow for an additional one-year extension. CommonwealthlBrewing Company, LLC Agenda Item 6 page 2 of 16 HistoryZoning # Request 4 2 MDC Approved 02/04/2025 1 MDC Approved 10/17/2023 R5R(SD) CUP (Craft Brewery)Approved 12/09/2014 (PDH2) 2 STC Approved 10/17/2023 m 3 CRZ(A-18 & B-2 to PD-H2 (A-12)) Approved o o 11/26/2002 0 :or ; a CRZ(B-2 to PD-H2 (R-5R)) Approved u MAC Jr 4 NENAVF �? B2(SD) � 11/23/1999 u RSR(SD) 4 o z 'z z Al2(SD) Ve ✓V�, _ o t GFtN 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 Staff's opinion, this request for a Modification of Conditions to modify Condition 4 is acceptable. As previously noted, Condition 4 of the Modification of Conditions, approved by the City Council on February 4,2025, required the site plan to be submitted to the Department of Planning & Community Development, Development Services Center, within 90 days of the Council's approval, with permits obtained to begin work within one year. While the applicant did meet the 90-day deadline in which a site plan had to be resubmitted to staff for review, they have failed to satisfy the second part of the condition related to securing permits and commencing work. Due to the applicant's inability to meet this condition, they have submitted a request to extend the deadline by an additional year from the date of the City Council's decision. Staff is supportive of this request as the applicant has worked diligently with staff to reach site plan approval. On June 15, 2023, the applicant presented the details of the request to the Bayfront Advisory Commission (BAC), which expressed its support. As there are no changes to the proposal presented to the commission, aside from the requested extension of time, the applicant is not required to return to the BAC. Based on the above considerations, Staff is recommending approval of this request, subject to the conditions listed below. Commonwealth ire ompany, LLC Agenda Item 6 page 3 of 16 Recommended Conditions 1. All conditions attached to the existing Modification of Conditions approved by the Virginia Beach City Council on February 4, 2025 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning& Community Development. 4. The applicant shall resubmit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days of City Council approval of this request and shall obtain all required permits and commence construction within [begin strikethrough] ^^^ '�a[end strikethrough] 180 days of City Council approval. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. 1 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5) years from the date of City Council approval of this request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning &Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Pleasure House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). Commonwealth Brewing Company, LLC Agenda Item 6 page 4 of 16 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 11. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. 2025 Modificationof • • • 1. All conditions attached to the existing Modification of Conditions approved by the Virginia Beach City Council on October 17, 2023 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots.The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall resubmit a site plan to the Department of Planning &Community Development, Development Services Center, within ninety (90) days from the date of City Council approval of the request and have permits in hand to begin work within one year. Commonwealth Brewing Company, LLC Agenda Item 6 page 5 of 16 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5)years from the date of City Council approval of the request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Pleasure House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m.The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. Comprehensive Plan Information The Comprehensive Plan designates the subject property as being within the Suburban Area and Shore Drive Corridor Overlay District. The Policy Document of the Comprehensive Plan states that part of the guiding principle to create "Great Neighborhoods" includes the "support (of) those neighborhoods with complementary non-residential uses" (p. 1-60). The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new developments or redevelopment, whether residential or non-residential, either maintain or enhance the overall area (p.1-60). This is accomplished through compatibility with surroundings, attractiveness of site and buildings, Commonwealth Brewing Company, LLC Agenda Item 6 page 6 of 16 environmental responsibility, livability, and effective buffering of residential from other residential and non- residential with respect to type, size, intensity, and relationship to the surrounding uses. Based on the Comprehensive Plan Policy Document, it states that new projects in the residential Suburban areas are to "promote sustainability and responsive to changes in our environment" (p. 1-61) Natural & Cultural Resources Impacts 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 S et Name fi W P er " V piing P, .y 12,500 ADT 1(LOS 4 Existing Land Use 2-617 ADT Pleasure House Road 7,200 ADT' g D ) Proposed Land Use 3-617 ADT 1 Average Daily Trips 2As defined by an 'As defined by a 4LOS = Level of 10,229 square feet 10,229 square feet Service brewery brewery Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This segment of Pleasure House Road is considered a two-lane undivided collector/local street.The Pleasure House Road Street Improvements Phase II Capital Improvement Program (CIP) project is slated for this section of roadway. This project will provide street and safety improvements, along with bike accommodations and a five-foot sidewalk. Construction is scheduled to begin in late 2029 with a completion date of July 2031. Active Transportation Plan(ATP) The ATP calls for a protected bike lane along Pleasure House Road. ImpactsPublic Utility Water&Sewer The site is currently connected to city water and sewer. Commonwealth Brewing Company, LLC Agenda Item 6 page 7 of 16 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Commonwealth Brewing Company, LLC Agenda Item 6 page 8 of 16 cm ' feN.�AgN• —a • • wrA"rwAAANwo A � - - - - -- - - - - F - -- RtlPOiEDSlDSIMRMfYpNE PRDPDIEDTIp11 �� i I rLSfCDIIC —._ — PAoro®rol,YImSWEtamP\ omluTlaLl owx. i PLEASURE HOUSE RD .rosaf w�MEncc9A �'.-' 9Md,Ls ) °0m"i , .mxnnc�aq _s.7.�9�sEDmrAr p }'�'•r�' nsc�e*o*us alma aWC +mer.IL+u4c ;gg%d6/G/f/ J ..••' '•, T+ NICK AP11! \ " A GrOL11Y � NDMPNNIER — MENNME 8 2 mweNwAr fir. I __, NL1t L. 'WTODDR ANCAS. QI ARIA `7 w ? •�v I� 9� Sb FI • �I ns - > '.•7 wror. ' m 4I Y ArneMc j sux Nax sAt i cooasu iN; FA, f F 5 �—Iz z u V 9 6TNII.IUPE TGT M - C EISCL[.Y {{ rt�% °i a 1aNPAces f' � �_' ATNGNs aa.Ar } �' �s"� causwual tsLx ! 3 O _ xuxeERo Y1N+L:rEsoxNAx � ,( 0,+7. �,' I i I I w.aNNr=t V X � MKNI 'I• � Z • h w O aim _ _.. _...I i O At. l I SIT"!. cc t V 3 ! ® IIDlOm.�Clf AIIG A ` g 12 Saw a Iu ° f ` 131 .E z u CD �4 RM PARIWIG K MARY NO=: 1. M NJIEYNS MEA ACMSSIIIE 91 PA'NplS.3.335 SF <� 2. MT&DIT]LCF DNNG MG-M a 4,259 A929 S C i 1 TE EMFL^.1FES DN 914"ADWAIG SNET.N[MMRy �• a PEW RED PARK NG CN.CUATM(M DME)-5(EMPLMS)♦71G4 3 1 1 SPC/IDV S:(RREWRY SEATNG)♦I.G:J SE 1 I SPc/ADDS(9NCL E CIST enCA).A3 SPACES olQ4 5.PEW PEP PARK NG(PER VCPH"SDN-ARK,NG NNE)-53 SPACES D A.AYNLADLE PAINING SWES.7C$PA ES(MCL i2ND) 73 SPACES(INC.MCYCRCYCLE SPACES) Qla - 7.NHU.ESAL qS NNUICN HWN1 CP"ATKM MDN IlluRl,5 AN-)PV QQ r-F 0 7 N r m rn n ti �x. Proposed Shade Sails f HIMkNall � Commonwealth Brewing Company, LLC Agenda Item 6 page 10 of 16 ,� z���a�� -� - �„ ,�x�� � ,��€„ '�^�.�:� �„.�,,,,,�•^', _'�' � ,���Via' ��� r �':�..� �. a 4 �1 ; n , s t p F. r �. �- IMF? � •,' _ 0111 gsoi Commonwealth Brewing Company, LLC< Agenda Item 6 page 11 of 16 Site Photos yyyy -fir � 4 a..- a saw .. � K a w Commonwealth Brewing Company, LLC Agenda Item 6 page 12 of 16 i t3 y x 2 ;I I 1 Commonwealth Brewing Company, LLC Agenda Item 6 page 13 of 16 Disclosure CITY 0� • . Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials wt;o rnu,v volt, oil 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 ot)application Commonwealth Brewing Company,LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes(F)Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO Noo If yes,name Representative: R.Edward Bourdon,Jr.,Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary) Jemmy Biggie.President Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchase.: 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:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, O O Chesapeake Beach Volunteer Fire&Rescue Department.Inc. cross-coilateralizatio n,etc.) Navy Federal Credit Union.US SBA Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Commonwealth Brewing Company, LLC Agenda Item 6 page 14 of 16 Disclosure SECTION 1: APPLICANT continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O O Ginger Pickett,CPA Architect/Designer/Landscape O O Architect/land Planner Construction Contractor O 0 Engineer/Surveyor/Agent Legal Services O O R.Edward Bourdon,Jr-Sykes.Bourdon.Ahem&Levy,PC. 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 hos 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. Jeramy Biggie,President �Ji�L�gp,ie trcb s.zoze:c:as:re esn 02/02/2026 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 SD 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): 5/4/2026 Marchelle L. Coleman Go 5/4/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Commonwealth Brewing Company, LLC Agenda Item 6 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Commonwealth Brewing Company, LLC Agenda Item 6 page 16 of 16 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #6 Commonwealth Brewing Company, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 6, Commonwealth Brewing Company,LLC. Mr. Bourdon: Thank you, Commissioners. I'll try to make this one short. Eddie Bourdon, Virginia Beach attorney,representing Commonwealth Brewing on this modification of conditions and extension. I think that Mr. Camp was the only person who was not necessarily wanting to put this on the consent agenda. I'm happy to discuss it as much as you all may want me to discuss it. But I also am in full agreement with the extension only being until,I guess,the middle of October, when the street closure--that is an accompanying application that's already been extended to mid- October. We will have it completed by then. It doesn't need to be an entire year, if that makes any sense to the Commission. Mr. Camp: Thank you, Mr. Chair. Thank you, Mr. Bourdon. Let me ask you a couple of questions so that the record of this proceeding is more complete. You are correct. I did ask to have this heard today. The reason that I did that is that it is my understanding from the materials we were given in the informal briefing that the matter at hand was, your client received approval to proceed on that, I believe, in 2023. And that if the application that we've received today is granted, they would have had three and a half years to accomplish something that they asked to do. And it occurs to me that the full year being asked for may not be necessary to accomplish the project. Because,as you mentioned,there is another matter with the street closure, which will be accomplished by October. It needs to be. And that the matter at hand would be done concurrently. And it is for that reason that I wanted to ask you,would you be averse to modifying the condition in this application such that instead of a full year extension, that the extension would be limited to a period sometime in October, as someone may more eloquently phrase? Mr.Bourdon: The answer is absolutely. This was,and remains,a complicated issue. The street closure has to be completed. And unlike what we just listened to,the underlying fee in Lake Drive is not owned by the city. And there's a receiver involved. And we are -- my client will be giving to the city a pump station site on the eastern end of that closed street. And there are encroachment agreements. There are just a plethora of agreements that we're finalizing. And it has taken a long time, for a myriad of reasons. I won't go into all of them, some of it on counsel, because I had the client, who's a small businessman, who's very successful, and he's been doing a lot of this himself, and things have taken a little too long. But we will have it completed by the middle of October, so if the extension can bey just until the middle of October -- and the district Council representative has been in communication--we've been in communication on this for quite some time. Mr. Camp: I'm very appreciative of that response to my question. Because parties do come before the staff, take their time, come before this commission, come before city council. In this case, I think it's the third time for your client on this property, and others in the city look at this and may form a perspective. I think we would all like to see this come to conclusion. See your client's property be as successful as it was proposed to be and approved to be, and not to drag this out any longer than we need to. Mr. Bourdon: The community believes and the business has been successful. And when it first began, Jeremy did the application himself back in 2014, and it was the very first one. The ordinance had just changed within 30 days. The current planning director of the City of Chesapeake was the planner involved and they did a good job. There were things that nobody could have even conceived of at that early stage with the craft breweries. So thank you. Ms. Hippen: Mr. Bourdon, this was my first site visit as a planning commissioner, and this was in my first one,August of 2023. So I too want to see this come to fruition. I think it's a good thing that they're doing there. I think that they have a good business there and they're good for the neighborhood. So that's my only concern. Mr. Plumlee: Thank you, Mr. Chair. So we're talking about going to October. That road is critical to this improvement. And so, are you comfortable -- I want to make sure, you know, we talk about agreements and trying to get things wrangled. And we're looking at a target date, because we all want this to succeed. We don't want them to have to come back for additional approvals. Do you feel comfortable with an October deadline? Mr.Bourdon: As long as the deadline is after the Planning Commission's October public hearing, because if there were to be an emergency,we could. Mr. Plumlee: Does anybody feel that the November date might be a better one than to push it outside? I was ready to approve it in its current form, but I just want to make sure everybody's comfortable with the date, so we don't have to revisit. Mr.Bourdon: I'm convinced. For the last year, it's been engineering and the back and forth with drainage and everything else. And it's my understanding that they've pretty much dotted every I and crossed every T. At this point,they're going to be -- and I'm going to have them out probably Friday, or at least by Monday,to the city to review all the legal documents. And so there's plenty of time. If,as I've been advised,that they've taken care of the engineering aspects of this -- it was a one-man show engineer,and this has been a lot of effort on everybody's part, and this has --this is not anything that staff is at fault. That's one thing I should have said to start with. This is not a staff issue. I'm not bashful, if I thought it was,I would have said so. It's not. This is our end of it. And it's just complicated. He's assembled three properties, all Zone B, to the fire station being the original one. We're hoping to get the last piece of the puzzle, but they have not decided to sell yet. And so this will --you will hear this again for the addition of one more piece of property to this. I'm confident. It's just not- -we don't know when that's going to be. So thank you all very much. Mr. Coston: So do we hear a motion? Ms.Alcock: We do. I just want--we had one speaker signed up for this. So I just want to make sure they're not--they've signed up to speak virtually. Clerk: According to staff,they are not present, Sean Wren. Ms. Alcock: And I did also want to state, if there was a modification to the term, this would tentatively be scheduled for the 2nd City Council meeting in May, which is May 19th. If we did 180 days from the date of council approval, that would put it to November 15th,just to kind of keep some consistency. That would cover the October and November hearing. So if we did 180 days from council approval,this would be on May 19th, so that would put you into November. Ms. Hippen: I would like to move that we approve this extension. Mr.Bourdon: November 2026 deadline for the extension. What she said is that, for me,we need the City Council. Ms.Alcock: If this is what you'd like to do, we can do it, 180 days from the date of council approval. So,do you mind modifying your motion? Ms.Hippen: I would like to modify my motion based on what was just stated, the 180 days. Ms. Byler: Second. Mr. Coston: It has been moved by Commissioner Hippen and seconded by Vice Chair Byler. Clerk: The vote is open. Mr. Camp: Commissioner Mauch has left the meeting. He had childcare duties he had to attend to. Clerk: By a recorded vote of 9 to 0, item 6, Commonwealth Brewing Company, LLC has been recommended for approval as modified. Mr. Bourdon: Thank you all very much for your patience. Appreciate it. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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. All conditions attached to the existing Modification of Conditions approved by the Virginia Beach City Council on February 4, 2025 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots.The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall resubmit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days of City Council approval of this request and shall obtain all required permits and commence construction within one-(1) ye-a+ 180 days of City Council approval. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5) years from the date of City Council approval of this request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning&Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road.The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Pleasure House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 11. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. ----------- R10 D Rin 93 z R10 z > z R10 ° z R 1'0 ANVERS Rp �No GT 04 , OVER 70 v R10 v � a , ® site Montessori School House LLC Q Zoning 249 Brickhaven Drive Property Polygons Feet 0 37.5 75 150 225 300 Map created by Planning Department on 4/15/2026 rye 1N�8�6� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MONTESSORI SCHOOL HOUSE, LLC [Applicant] HONGQUAN SHENG & CHUNFANG LI [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 249 Brickhaven Drive (GPIN 1467710130). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: May 19, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for a Family Day-Care Home to provide care for up to 12 children at her residence. The proposed hours of operation are Monday through Friday, from 6:00 a.m. to 6:00 p.m. The applicant recently installed a new vinyl fence to separate the proposed outdoor play area from the existing in-ground pool on site. Additionally, it is the applicant's intent to use rubber mats to reduce the amount of concrete exposed in the play area. The applicant's driveway can accommodate multiple vehicles, and a condition is recommended to require pick-up and drop-off times be staggered to avoid any potential traffic in the neighborhood. ■ 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. While the Planning Commission was supportive of the general request, based on input received from the public during the Planning Commission hearing, the Commission modified Condition 4 to recommend a maximum of eight children, as noted below. Eight letters of support and five letters of opposition were received, noting concerns with traffic, noise, preservation of neighborhood character, and safety. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On April 8, 2026, the Planning Commission passed a motion to recommend approval of this item with a modification of reducing the number of 12 children to eight, by a recorded vote of 9-0. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. Montessori School House, LLC Page 2 of 3 2. Any parking for the Family Day-Care Home shall utilize the on-site parking spaces or available public parking. 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 twelve (12) eight children, not including any children residing in the home. 5. The final number of children permitted in 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 child care. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height. Any new fencing enclosing the play area shall be constructed of 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. 10.A new fence shall be installed along the entire south edge of the proposed outdoor play area to separate the play area from the pool. The new fencing shall be a minimum of four feet in height and constructed of 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. 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. 12.City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits Montessori School House, LLC Page 3 of 3 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (8) Letters of Opposition (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -- Submitting Department/Agency: Planning Department City Manager:0%0 Agenda A••licant: Montessori SchoolHouse Property • •• : Li Planning • • • • 2026 VB_ CouncilI City - • Project Details Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation L ApprovalF, f s Staff Planner Kristin Bauer Location OV GRI AN4 -C 249 Brickhaven Drive GPIN 1467710130 ���VEytHo�,c s Site Size ? ry °^"ou 17,107 square feet AICUZ Less than 65 dB DNL Watershed „ Chesapeake Bay Existing land Use and Zoning District �. . .. Single family dwelling/ R-10 Residential x Surrounding land Uses and Zoning Districts D North m z Single family dwelling/ R-10 Residential South Single family dwelling/ R-10 Residential East y Brickhaven Drive Single family dwelling/ R-10 Residential West Single family dwelling/ R-10 Residential Montessori School House LLC Agenda Item 8 page 1 of 16 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home.The 2,389 square foot home is located within the Kempsville Heights neighborhood and is zoned R-10 Residential. • The applicant is requesting approval to provide care for up to 12 children, ranging from 2 months to 5 years of age. The final number of children will be determined by the Department of Education during the state permitting process. • The day care will be operated by the owner, with support from one assistant.The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday with staggered drop-off and pick-up times to avoid traffic congestion. • No exterior changes to the site are proposed, and the applicant intends to utilize the northeast corner of the site to provide an outdoor play area for the children. • The existing wooden fencing surrounding the perimeter of the property will remain and is in good condition. Condition 9 states that any future replacements of fencing that enclose designated play areas shall be composed of a maintenance-free material. • The applicant's home includes an approximately 990 square foot pool. As required by Department of Education, the applicant will install a minimum four-foot-tall fence, made of durable and long-lasting materials along the north edge of the pool where it borders the play area. Zoning History No Zoning History to Report R10 3 R10 c z Montessori School House LLC Agenda Item 8 page 2 of 16 Evaluation • • • The request for Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion, acceptable. The use is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area and successfully promotes the policies intended to ensure the maintenance and sustainability of great neighborhoods. A Family Day-Care Home with four or fewer children is permitted by right in the apartment and residential districts. When the number of children in the day care 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 intends to care for up to 12 children, a Conditional Use Permit must be approved by the City Council.The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process; however, in no instance shall more than 12 children be permitted. The site has an approximately 990 square foot in-ground pool that is fenced off from the designated play area. To meet the Department of Education's requirements regarding pools, the pool must be fully enclosed by a four-foot minimum enclosure of a non-climbable material and design. It will also be conditioned that the fencing be composed of long-lasting material, such as vinyl or wood composite. Staff is recommending that pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way, as noted in Condition 1 below. Additionally, Staff recommends Condition 3 to limit the number of Home Occupations to one, to further minimize potential traffic impacts on the street. In Staff's view, the Family Day-Care Home will provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with the conditions listed below. 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. 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 [strikethrough] twelve 7-[end strikethrough] e�() children, not including any children residing in the home. 5. The final number of children permitted in 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. Montessori School House LLC Agenda Item 8 page 3 of 16 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 child care. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height. Any new fencing enclosing the play area shall be constructed of 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. 10. A new fence shall be installed along the entire south edge of the proposed outdoor play area to separate the play area from the pool. The new fencing shall be a minimum of four feet in height and constructed of 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. 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. 12. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. 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. 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. Montessori School House LLC Agenda Item 8 page 4 of 16 Comprehensive • • 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. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1-10 ADT2 Brickhaven Drive No Data Available No Data Available Proposed Land Use 3-48 ADT 'As defined by a 2Average Daily Trips 'As defined by a Single Family dwelling Family Day-Care Home Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Brickhaven Drive is a two-lane local residential street. It is not included in the MTP and there are currently no planned CIP projects near subject site. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. ImpactsPublic Utility Water&Sewer The property is already connected to city water and sanitary sewer. The existing 5/8" water meter may be used for the proposed conditional use. Montessori School House LLC Agenda Item 8 page 5 of 16 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding residents. Staff has received eight letters of support and (begin strikethrough)one(end strikethrough) five letters of opposition. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of httttps://clerk.virginiabeach.gov/city-council on May 15, 2026. Montessori School House LLC Agenda Item 8 page 6 of 16 Floor of Play Area r r (-,ATE S i I i i "r to Vr s ' 1 { y k i l L`U Tf i Montessori School House LLC Agenda Item 8 page 7 of 16 =�'` 11 ! a Yx. e a 'a5i. Montessori School House LLC Agenda Item 8 page 8 of 16 Indoor • • Plan Fo3] iU 32 Uti Shed 1 Det Gar 24 {7gg 17 14 771 1-5 14 12 17 23 42 1 s Br C Br G 23$9 17 { 21 6 62 OFP 249 BRICKHAVEN DP �.. Montessori School House LLC Agenda Item 8 page 9 of 16 Site Photos t � v v x t .. 1 • •• i Site Photos — Play Area ling 71 Y i -- b s S� yr� Site Photos — Fencing .. z off pl� iJ r +l F. r_ Disclosure Disclosure VIRGINIA VJ- ij f 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 Montessori School House LLC 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?Yes(D No® If yes,name Representative: ( 2111)a N I e-n kftAttill , �Atn &lafi Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(`)Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) n wner Does the subject property have a proposed or pending purchaser? Yes 0 No • If yes,narne proposed or pending purchaser: _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes,name the official or employee,and describe the 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, 0 O cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Montessori School House LLC Agenda Item 8 page 13 of 16 Disclosure SECTIONAPPLICANT DISCLOSUREcontinued SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 1 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,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. Chunfang Li � 02/07/2026 Applicant Name(Print) Applicant Signature Date 1`Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2`Affiliated business entity relationship"means a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 04/30/2026 Kristin Bauer 04/30/2026 Staff Name(Print) Staff Signature Date Disclosure Statement rev. M a y-2024 page 2 of 3 Montessori School House LLC Agenda Item 8 page 14 of 16 Disclosure SECTION ' • ' OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application HONGQUAN SHENG AND CHUNFANG LI Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesoNoe If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary for affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso NoQ 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 If yes,name the YLicial 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, Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.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. Hongquan Sheng,Chunfang Li (�'/_ 01/31/2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y 2024 � page 3 of 3 Montessori School House LLC Agenda Item 8 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Montessori School House LLC Agenda Item 8 page 16 of 16 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #8 Montessori School House, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 8,Montessori School House, LLC. Mr. Coston: Good afternoon. Could you state your name for the record,please? Ms. Li: Good afternoon, Commissioners. My name is Chunfang Li, and I'm here on behalf of Montessori School House, LLC,the applicant for family daycare home at this residence. Ms. Korniawan: Good afternoon Commissioners, my name is Catherine Korniawan and I am a friend and a neighbor of Ms. Li here and I'm just here to assist if she needs any assistance. So I'm just going to be here. Ms. Li: I would like to briefly share my background. I completed a Montessori training in 2018 and earned a certification from the American Montessori Society, AMS, and then worked in a Montessori school for about five years,building strong experience in caring for and teaching young children. I also worked in a Military Child Development Center,where I saw a strong demand for childcare and very long waiting lists. This is one of the reasons I decided to open a daycare,to support the military and the local families who need reliable childcare. My goal is to provide a safe, nurturing, and structured environment where children can learn, grow, and feel secure. I will create a Montessori environment that supports children's independence, hands-on learning, and respect for each child's development. I want to create a program that supports both children and their families by providing dependable and high-quality care. Safety is my top priority. I will follow all state licensing requirements and regulations. The home is being prepared to meet all safety standards, both indoors and outdoors, including inclusive play areas,proper supervision,and maintaining a clean and organized environment. This will be a small, home-based program, which allows me to give each child more individual attention. I believe that a small setting helps children feel more comfortable and supported. The number of children will follow state regulations. Drop off and pick up times will be managed carefully and I will use on-site parking to avoid congestion. I understand the importance of maintaining a quiet and safe neighborhood environment and I will always be respectful of my neighbors. In addition, I will maintain clear communication with families and ensure that all policies and procedures are followed consistently. My goal is to build trust with both families and the community. I am committed to providing high quality early childhood care and education. With my training, experience and continued education, I am confident that I can operate a responsible and professional family daycare home. Thank you for your time and consideration. I respectfully request your approval. Mr. Coston: Thank you so much. For right now,you can be seated and we're going to hear from our speaker. Clerk: There are no speakers. Mr. Coston: No speakers. Are there any questions of the applicant or does anyone want to make a motion? Ms. Byler: Thank you for coming today. I appreciate this. I know that childcare is essential to our community, and I know we have a shortage of good childcare. And I know that what you're doing is more than childcare, it's education, and it's a legitimate business, an important one. But I'm not sure that in a neighborhood is the right placement. So I'd like to ask you, why are you suggesting that this be put in a home instead of in a place of business? Ms. Korniawan: So if I understand your question, Commissioner Byler, you're mentioning that she will offer also an education,you would expect a building, right, an establishment instead of a home, is that your-- Ms. Byler: I would expect a business location and not a residential location. So I'm asking why she is not considering a business place instead of her home. Ms. Korniawan: She just mentioned that it's mainly a daycare, home-based, a small operation, home-based daycare, -- sorry--it's not a student, it's a daycare. She only applied for zero to eight years old. Ms. Byler: Okay, so the children, for example, from five years old to eight years old, are they coming after school somewhere else,or are they being educated through Montessori School at this location? Ms. Li: A daycare from Monday to Friday, 6 a.m. to 6 p.m., only for a child under 8 years old, not after school, I do not have after school,yeah. Ms. Korniawan: I think there is a misunderstanding there. She is only opening- not opening a school,it is a day care. It is an after care. I think there is a confusion, but mainly she is opening for a daycare facility, not a school,with a curriculum, but she does have a background in Montessori, so that is just an added value to the daycare,but if it is a school aged children, so I am assuming she will only take care of them after they complete their formal schooling and whatever that is, and she would just be a daycare facility. Ms. Byler: Well, thank you for that clarification. So now my question, have you spoken to the other neighbors in the area? And if so,how do they feel about this? Ms.Li: I spoke to my neighbors--some of the neighbors they support,and some also--they got some opposition letters, but they didn't tell me they don't agree with me, but I did speak to some neighbors. Ms. Byler: Thank you. Mr. Coston: Any other questions? Mr. Cromwell: The first question is, in the paperwork we have, you said we have ages two months to five years,and you just said you wanted to up that to eight years old. Is that correct? Ms. Li: Yes. Yeah, I applied from zero to eight years, but mainly I take care of one year older and five years, like this age, but applied from zero to eight. Mr. Cromwell: Okay, well, our paperwork says two months to five years. So you wanted to include up to eight years, is that correct? Ms.Korniawan: Sorry, Commissioner Cromwell-- is that the 2 through5 is on her application? Mr. Cromwell: That is correct. Ms.Korniawan: Okay. So,just to clarify,so she does specialize in those,so she wants to actually do two --she said, in the application there's an options, and she wanted to do actually two months to five years old,that would be the ideal age range, but somehow in the application it didn't have those specific range. Is that correct? So that's why she -- I don't, I'm not quite sure which other place you'd applied for-- Mr.Camp: Perhaps staff can clarify? Ms.Bookholdt: So the state application may have different ranges than our application. The application that you have before you does not have an age limit on it. In our staff report, we reported what she told us she prefers, or what she is planning to have daycare services for, from two months to five,but there are no conditions that limit the age in our application. It could be the state's application that she filled out that had the zero to eight years. Mr. Cromwell: I have, furthermore,the pictures that you showed for a play area, it's all concrete. Is that true? There's no grassy area for the children to play on? Ms.Li: Yeah. For now,the concrete in my backyard for the playground, but I will plan to add a rubber flooring on the floor for children play. Mr. Cromwell: Say that again? Ms. Korniawan: Yeah, she will add something on the concrete to make it safe, rubber safety mats. But she does--I've been to her house,so she does have some beautiful garden and just grass areas where my children have played safely there. So if that's what your question is... so she will add safe rubber mats on this concrete if that's a safety concern. Mr. Camp: So on that same question. I believe you just mentioned that there is the grassy area and we can see it sort of behind the long side of the pool there,maybe with something red beyond it. It is the intent to allow the children to play over there. Ms.Korniawan: She will put a designated area to play. So she can put a fence just in that rubber mat area. Mr. Camp: The reason that I ask is the materials we received suggested that a fence would go as shown here in the photo under the covering, and therefore the children would be prevented from getting near the pool,which has to be there. I didn't see anything about a fence along the long side of the pool. And if I understood that they might be playing in that grassy area,there's no barrier. Ms.Korniawan: That's right. Sorry. That was just my input. Mr. Camp: So there's no change to what we see,that the play area is just the area fenced off and the concrete. Ms.Korniawan: Correct. And she also just mentioned to me that she would put a net over those fence, right? So that there's no gaps where small children can go in between those fence, if that's possible. Mr. Camp: Yeah, I'm confident that the process that the staff or that the state will have will deal with those details. Mr. Chair, I'm prepared to make a motion if there are no further questions. I have no further questions for the applicant. Mr. Coston: Well,you may be seated. Ms. Li: Thank you so much. Mr. Camp: I would just like to say that this is my district and I am mindful of the community input that we received in addition to the application and the applicant's testimony today. We have homeowners joining this property who bought into the neighborhood in 1960. So when we talk about an established neighborhood,this would be certainly at the very long end of that as to what this neighborhood has been like. I am mindful of things like parking, and traffic, and noise, and things of that nature that would be different than what they have expected. At the same time, we need daycare, and having spoken to the council member, I think the compromise, I would like to propose is a recommendation for approval of this application, but with modification of condition 4, instead of 12 children, limiting it to eight children on premises, not counting any who reside there. Ms. Moorjani: I drove there, and there's so much parking. I'm confused by the issue of parking. There's so much space for street parking. Mr. Plumlee: May I also ask -- because we didn't inquire of the applicant the request for the number of children and the economics of setting this up -- is that--we've closed the hearing, and I don't know if we're able to ask that question. Mr. Camp: Well, if you'd like to pursue questioning, I'll just defer the motion. Mr.Plumlee: I just want to ask the applicant. She asked for 12. If we were to consider a different number, if she would be agreeable,you know,and she may agree. We're asking if there's any--if she would agree to reduce that condition from 12 to 8 for the children. Ms. Hippen: If I might ask, what's the purpose of limiting her? Mr. Camp: The impact on the community. Ms. Hippen: Can you be more specific? Mr.Plumlee: I'm waiting for an answer. I don't even know if this is an issue yet. Ms. Korniawan: So currently there are point systems in the Virginia regulations based on ages, so the birth to 15 months, four points; 16 to 23 months, 3 points; 2 to 4, 2 points; 5 to 9, which we're not there, 1 point. So it has a maximum of 16 points per caregiver. So that's why she has a maximum of 12 children. Mr.Plumlee: So she's using a point system created by the state. The question is,would she agree to a limit of 8 children or disapproval? Ms. Li: Yes, I agree. Mr. Camp: Okay, so Mr. Chairman, I'll reintroduce the motion, recommendation for approval with a modification to condition 4, revising from a total of 12 children to eight children, not including any children residing at the premises. Ms. Moorjani: Second. Mr. Coston: Okay. It has been moved by Commissioner Camp and seconded by Commissioner Moorjani. Are we ready for the vote? Clerk: The vote is open. By a recorded vote of 9 to 0, Item 8,Montessori School House,LLC has been recommended for approval as modified. Vote Tall Commission Member AYE 9 NAY 0 ABS 0 ABSENT 2 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorani X Mauch X 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. 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 [strikethrough] twelve T[end strikethrough] eight (8) children, not including any children residing in the home. 5. The final number of children permitted in 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 child care. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least four feet in height. Any new fencing enclosing the play area shall be constructed of 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. 10. A new fence shall be installed along the entire south edge of the proposed outdoor play area to separate the play area from the pool. The new fencing shall be a minimum of four feet in height and constructed of 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. 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. 12. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. 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. 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. Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li,Address: 249 Brickhaven Dr, Virginia Beach, VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for your time and consideration. Sincerely, Printed Name: �NW 1 Address:Z- , � l�jt Z-3�,QC2_ 7 Signature. _. Date: Neighbor Support letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li,Address: 249 Brickhaven Dr, Virginia Beach,VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small,hone-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for your time and consideration Sincerely, Printed Name: { — �\ 1 Address: � b Q���a n& 2 to Signature: QsQ1- --w Date: 001 Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li,Address: 249 Brickhaven Dr, Virginia Beach,VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for your time and consideration. Sincerely, Printed Name: 1),A'e�4 .' 5' /1) Address: ' Signature: Date: Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li,Address: 249 Brickhaven Dr, Virginia Beach, VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for your time and consideration. Sincerely, Printed Name: , Q n .4 �� �12 Address: ve c" c Signature'I: _t_ _..._ Date: Aj Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li, Address: 249 Brickhaven Dr, Virginia Beach, VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for-your time and consideration. Sincerely, Printed Name: Mm +—_ Address: 4 C, 1 n p Signature: Date: Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li, Address: 249 Brickhaven Dr, Virginia Beach, VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for your time and consideration. Sincerely, Printed Name: x / Address: Signature: -- --.---.-. Date: Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li,Address: 249 Brickhaven Dr, Virginia Beach, VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsible manner. I support this application and believe it will benefit local families while maintaining the character of the neighborhood. Thank you for your time and consideration. Sincerely, Printed Name: Address: C) 1 y Signature: Date: 1/'5 ZZ 0 Neighbor Support Letter for Family Day Care Application Dear Planning Commission, I am writing to express my support for the application submitted by Chunfang Li, Address: 249 Brickhaven Dr, Virginia Beach, VA 23462 to operate a Family Day Care. As a neighbor, I understand the nature of this request and believe that this small, home-based daycare will be a positive addition to our community. I do not have concerns about this proposal and feel that it will be managed in a respectful and responsi le manner. I support this application and believe it will benefit local families while i maintaining the character of the neighborhood. Thank you for your time and consideration. Sincerely, Printed Name: t°� .- ckr e. C�tC.yJ rl a2. aKOn -�a Pr i V Address: e �/�iy 'tit c h , A to.z Signature: Date: 014 f 0 6 / ZcZ 4� From: stantonduo(o)aol.com To: Kristin A.Bauer Subject: Family Day-Care Home Date: Monday,March 30,2026 9:40:42 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. In regard to the property located at... 249 Brickhaven Dr, VB and their request to enlarge their home day care to up to 12 children. This home is connected to the back corner of my property. I would like to know how you have given her the right to have a 5 child day care at her home when they have a swimming pool within a few steps of the house. The last time I looked, there was no fence around the pool to prevent the children from falling into it. Children are smart, and they learn how to open a sliding glass door to get into the back yard. Having 12 children in a situation like this does not make good sense to me. This is a quiet neighborhood with mostly seniors who have been living here for a long time. This is not a business area. So I vote NO to having the day care approved! Thank you, Marjorie Stanton Beth Ann Drylie 242 Overland Road Virginia Beach,VA 23462 March 31, 2026 To the City of Virginia Beach Planning Department and the Planning Commission: I am writing to respectfully oppose the issuance of a Conditional Use Permit(CUP)to operate an in-home daycare for up to twelve children at 249 Brickhaven Drive which is located directly adjacent to my home within the R-10 Residential District. While I understand the importance of childcare services,the proposed intensity of this operation is not compatible with the intent, character, or safety expectations of the R-10 district. My concerns are based on both practical neighborhood impacts and the applicable provisions of the City of Virginia Beach Zoning Ordinance (VBZO). R-10 Zoning Intent(VBZO§200& District Intent Statement) I The R-10 Residential District is intended to"provide for low-density, single-family residential development"and to preserve quiet, stable neighborhoods with minimal non-residential activity.A daycare serving up to twelve children functions more like a small commercial enterprise than a home-based use. Its operational scale conflicts with the low-intensity residential environment that R-10 zoning is specifically designed to protect. Traffic and Safety Concerns(VBZO § 107&§203) 1 A daycare of this size will generate substantial vehicle activity during morning drop-offs and afternoon pick-ups. Under VBZO § 107, a Conditional Use Permit may only be granted if the use does not create adverse impacts on traffic, congestion, or public safety. Our streets were not designed for frequent short-term stopping,turning movements, or increased vehicle volume.This raises safety concerns for pedestrians, cyclists, and the many children who already live in the neighborhood. Presence of an In-Ground Pool-A Significant Safety Hazard I The property includes an in-ground swimming pool,which introduces a serious and unavoidable safety risk. Even with fencing or protective measures,the presence of a pool is fundamentally incompatible with a high-occupancy childcare environment.The potential for accidental access, distraction during outdoor play, or emergency situations is greatly increased.This condition conflicts with VBZO§ 107,which requires that CUP uses must not pose hazards or create unsafe conditions. Noise and Neighborhood Character(VBZO §200& R-10 Intent) I Outdoor play and group activity involving twelve children will generate noise levels far beyond what is typical for a single-family residential district.The R-10 district's purpose is to maintain a quiet, low-impact residential environment.A daycare of this size introduces sustained noise and activity inconsistent with that purpose. Parking and Congestion (VBZO§203&§502) 1 The property does not provide adequate on-site parking for staff, parents, and service vehicles. Overflow parking on the street would create congestion, reduce visibility, and impede emergency vehicle and school bus access. Under VBZO§203, CUP uses must demonstrate sufficient parking and must not burden public streets. Incompatibility With Home Occupation Standards(VBZO§401) 1 Virginia Beach allows certain home occupations, but they must remain clearly incidental to residential use and must not generate traffic, noise, or activity beyond what is typical for a home. A daycare serving up to twelve children exceeds the scale of a traditional home occupation and conflicts with the standards outlined in VBZO §401. Precedent and Long-Term Impacts(VBZO § 100& R-10 Intent) I Approvingthis CUP would set a precedent for additional high-intensity, commercial-like uses within our single-family neighborhood.The Zoning Ordinance is designed to protect residential areas from incompatible uses, and granting this permit would undermine that purpose in the R-10 district. Conclusion For these reasons—including safety concerns related to the in-ground pool,traffic impacts, noise, parking limitations, and conflicts with the intent of the R-10 Residential District—[ respectfully request that the Planning Commission deny the Conditional Use Permit. Thank you for your time, consideration, and dedication to preserving the safety and character of our community. Sincerely, /L 44 Beth Ann Drylie Laura Greene 5168 Overland Rd. Virginia Beach,VA 23462 Laura_greene@msn.com April 6, 2026 Planning Department Virginia Beach,Virginia ATTN: Kristin Bauer Re: Conditional Use Permit 249 Brickhaven Drive Dear Ms. Bauer, I am against putting an In-home day care at the above address.These are my reasons: 1. Montessori School House LLC sounds more like a school than a day-care. 2. This will bring a lot of traffic morning and afternoon, especially in the afternoon, 12 cars is a lot even if they are staggered. 3. There is already a situation on the corner of Brickhaven and Overland Road.The people that rent there have numerous vehicles and trailers parked on both streets daily. (Code enforcement has been notified many time by numerous neighbors) 4. There is an in-house church that meets on Overland every other Sunday, 10+cars parked on Overland and Brickhaven. 5. There are many seniors that walk and bike on these streets daily. 6. We have teenagers that live on the corner of Anvers and Brickhaven Drive They ride electric mini motorcycles on that road almost every afternoon. 7. Numerous people walk their dogs. 8. My neighbor allows the children to fish in her yard,which most of them walk. 9. There are no sidewalks so all these activities are being done on the roads. I have lived here 26 years. I live very close to Brickhaven Drive. It was a quiet neighborhood I'd like to keep it that way. We don't need commercial entities in our development! Sincerely, Laura Greene April 6,2026 The Virginia Beach Planning Commission, am writing on the behalf of a nearby resident regarding the application for a Conditional Use Permit to operate an in-home daycare at 4679 Brickhaven Dr. (GPIN)1467710130 Our neighborhood is a quiet, established residential area made up predominantly of long-term and retired residents. The character of this community has remained peaceful and low-traffic for many years, which is an important factor in the quality of life for those who live here. respectfully oppose this application for several reasons: Traffic and Safety Concerns: An in-home daycare serving multiple children will significantly increase daily vehicle traffic, particularly during peak morning and afternoon hours. This raises concerns about pedestrian safety, visibility, and the ability for residents - many of whom are elderly - to safely enter and exit their homes. Noise and Disruption: The introduction of a daycare will bring a level of noise and activity that is not consistent with the current environment. This is especially impactful in a neighborhood where most residents expect and rely on a quiet setting. Parking and Congestion: Additional vehicles may lead to congestion on narrow residential streets, obstructing driveways and limiting access for residents and emergency services. Preservation of Neighborhood Character: This area is zoned and intended for single-family residential use. While I understand the importance of childcare services, placing a higher-traffic operation in this specific location is not compatible with the existing community structure. Multiple residents in the immediate area share these concerns and have expressed opposition to this proposal. I respectfully request that the Planning Commission take these factors into consideration and deny the Conditional Use Permit for this location. Thank you for your time and consideration. Sincerely, Sandra Archebelle, 5164 Overland Rd. Virginia Beach, Va. 23462 (phone 757-277-5285) From: C ZIESEMER To: Kristin A.Bauer Subject: Proposed Day Care/Montessori School at 249 Brickhaven Drive Date: Monday,April 6,2026 11:06:47 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 the City of Virginia Beach Planning Department and Planning Commission, Our neighbors are strongly against having a Montessori School or the proposed Day Care in our neighborhood. I am speaking on behalf of several neighbors,because very few residents in the neighborhood received the notice from the Planning Commission.This includes property directly across the street from the proposed Conditional Use Permit at 249 Brickhaven Drive. We are a single family residential neighborhood.We do not condone a commercial endeavor of 12 children including the noise and traffic conditions of drop off and pick up and recess to further cause unnecessary noise, parking,and travel congestion in our neighborhood. To further add conflict to the situation,many people in our neighborhood did not receive the letter from the Planning Commission.And the Conditional Use sign,posted on the property at 249 Brickhaven Drive was taken down for several days.Many people in the neighborhood will not have the information or the opportunity to voice their concerns. I have attempted to call the number listed(757-3 85-462 1)and am repeatedly informed that my call can be completed at this time? Please accept my formal complaint against the Montessori School and proposed Day Care at 249 Brickhaven Road. Elaine Ziesemer 5174 Overland Road Virginia Beach,Virginia 23462 757-490-3923 Sent from my iPad G LN O -o .. 2 .. ... ...... Site Colin Tannery Zoning 3713 Sandpiper Road *41" Property Polygons s Feet 0 150 300 600 900 1,200 Map created by Planning Department on 4/15/2026 }tx ii> iro -�ti ts� 4i � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COLIN NANNERY [Applicant] LOWER 40 LLC [Property Owner] Conditional Use Permit (Bicycle and Moped Rental Establishments) for the property located at 3713 Sandpiper Road (GPIN 2432636140). COUNCIL DISTRICT 2 (Henley) MEETING DATE: May 19, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate a bicycle and moped rental establishment, specifically an electric bike rental business, on a portion of a 21.6-acre parcel zoned B-4 Mixed-Use District. The site is located within the Sandbridge Suburban Focus Area and AE Flood Zone, with a Base Flood Elevation of 5 feet. The proposed operation will utilize a 208-square-foot enclosed cargo trailer for administrative functions and a-bike storage, with no additional site or building modifications proposed. The business will maintain an initial fleet of approximately 15 to 25 Class 1 and Class 2 electric bicycles, consistent with the Zoning Ordinance limit of 40 bicycles per zoning lot, and will rent exclusively to individuals aged 18 or older with valid identification. All rentals will be conducted online, with bicycles delivered directly to customers, minimizing on-site activity, though occasional informational visits may occur. The trailer will feature a decorative wrap compatible with the Sandbridge Beach area, subject to staff approval. While no parking is required due to the nature of the operation, 84 parking spaces are available on-site to accommodate the proposed business as well as other existing businesses on the property. The business is proposed to operate seasonally from May through September, between 8:00 a.m. and 4:00 p.m., with two employees supporting operations. ■ Considerations: In Staff's opinion, and as concurred by the Planning Commission, the requested Conditional Use Permit for a bicycle and moped rental establishment, limited to online electric bike rentals, is appropriate and consistent with the Comprehensive Plan for the Sandbridge Suburban Focus Area, which supports small-scale, neighborhood-serving commercial uses. The proposed operation is modest in scope, with a fleet of 15 to 25 e-bikes, minimal staffing, and seasonal operations, and will function from a small cargo trailer used solely for office and storage purposes, with no site modifications or significant on-site activity. Rentals will occur entirely online with direct delivery to customers, further reducing potential impacts, and existing parking on-site is sufficient to accommodate the limited operational needs. The proposal also addresses floodplain requirements through compliance Colin Nannery Page 2 of 3 measures for the trailer. Overall, the use is low-intensity, compatible with the surrounding area, and meets applicable zoning standards. There was one speaker in support and three speakers in opposition at the Planning Commission hearing, with those in opposition noting concerns with safety and traffic. The Planning Commission ultimately recommended an additional condition to limit the business to a maximum inventory of 25 a-bikes and restricted rentals to Class 1 and Class 2 models only. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On April 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The cargo trailer shall be placed only in the location depicted on the site layout entitled "Site Plan Layout for Colin Nannery — 3713 Sandbridge Road, dated March 23, 2026, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The sale or rental of electric bicycles shall not occur on-site. All rentals shall be conducted through an online reservation system, with bicycles delivered directly to customers off-site. 3. The hours of operation shall be from 8:00 a.m. to 4:00 p.m., Monday through Sunday, from May through September. 4. The business shall maintain a maximum inventory of 25 a-bikes and be limited to Class 1 and Class 2 models onlv. 5. The cargo trailer shall not remain on-site for more than 180 consecutive days. 6. The cargo trailer shall be fully licensed and ready for highway use. 7. The cargo trailer shall meet all requirements for new construction, including elevation and anchoring requirements as detailed in the Floodplain Ordinance. 8. No parking of any electronic bikes shall be permitted within the right-of-way. 9. No outdoor display of electronic bikes shall be permitted. 10.There shall be no storage of e-bikes, tires, equipment, parts or debris of any kind outside of the cargo trailer. Colin Nannery Page 3 of 3 11.No outside paging or amplified music system shall be permitted. 12.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. 13.The proposed scenery wrap on the cargo trailer shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to issuance of any permits. 14.The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 15.City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item 10 A•• Colin Property •wner: Lower 40 LLC Planning Commission PublicApril CouncilCity Project Details Request Conditional Use Permit (Bicycle and Moped Rental Establishments) t `' Staff Recommendation Approval Xp, .Y" Staff Planner Marchelle Coleman Location — - 3713 Sandpiper Road — GPIN 2432636140 Site Size Y� ; F 21.6 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Office, Restaurant/ B-4 Mixed Use o a Surrounding Land Uses and Zoning Districts p North RV Park/ R-15 Residential, AG-1 &AG-2 Agricultural South Sandbridge Beach/ P-1 Preservation East Sandpiper Road Condominium Complex/ B-4 Mixed Use West Ships Bay Colin Nannery Agenda Item 10 page 1 of 15 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for Bicycle and Moped Rental Establishment to operate an electric bike rental business on a portion of this 21.6-acre B-4 Mixed-Use District zoned parcel. • The site is located within the Sandbridge Suburban Focus Area 6 and lies within the AE Flood Zone, which has a Base Flood Elevation (BFE) of 5 feet NAVD 88. • The electric bicycles will be Class 1 and Class 2 models and will be rented exclusively to individuals 18 years of age or older who present a valid form of identification. Rental options will be available on an hourly, daily, or weekly basis to accommodate a variety of users. • The business will operate out of a 26-foot by 8-foot (208 square foot) enclosed cargo trailer located on the property.The proposed trailer will be utilized solely for administrative office purposes and the storage of e- bikes. • The applicant anticipates an initial fleet of 15 to 25 a-bikes for the rental business. Per Section 226 of the Zoning Ordinance, where a conditional use permit is issued for the operation of a bicycle or moped rental establishment, not more than forty (40) bicycles or mopeds per zoning lot shall be permitted. • All a-bike rentals will be ordered and reserved online. Customers will use the online platform to rent e- bikes, which will then be delivered directly to the customer's location by the applicant's company. Customers will not pick up or return a-bikes at the site. While customers will not visit the site to rent e- bikes, there may be occasional instances where a customer stops by to request information regarding the rental process. • The applicant intends to wrap the cargo trailer with graphics depicting vibrant scenery, such as a sunset, sunrise, or ocean theme, that is compatible with the Sandbridge Beach area. An example of the proposed wrap has been provided by the applicant. However, staff has included a condition requiring that the final design of the trailer wrap be reviewed and approved by the Director of the Department of Planning and Community Development prior to the issuance of any permits. • Other than the proposed cargo trailer to be placed on the site, no other changes to the site or the exterior of the existing buildings are proposed. • Per Section 203 of the Zoning Ordinance, automotive sales and rentals require one parking space per nine hundred (900) square feet of floor area, while office uses require one parking space per three hundred thirty(330) square feet of floor area. Since the proposed cargo trailer will be used solely for office operations and the storage of e-bikes, and since rentals will not be conducted on-site, no parking is required. However, a total of 84 parking spaces are available on the property, including an existing asphalt parking lot and a shared gravel parking area that serves the businesses located on the site. Colin Nannery Agenda Item 10 page 2 of 15 • The hours of operation will be 8:00 a.m. to 4:00 p.m., seven days a week. The e-bike rental business will operate on a seasonal basis between the months of May and September.Two employees are anticipated to support the business. Zoning History # Request RIO Aoz CUP (Recreational Resort Community) Approved 08/04/2015 AG1 MDC Approved 05/11/2004 B4 CUP (Community Boat Dock) Approved 1 11/28/2000 CUP (Community Boat Dock) Approved B4,ea 07/09/1996 CUP (Motel, Restaurant, Camp, Marina, Boat Facility)Approved 05/07/1966 CUP(Motor Vehicle (Low-Speed Vehicle) Rentals) - P1 Approved 07/09/2013 — 2 CUP(Recreational Boating Facility)Approved — 07/07/2009 — - 3 FVR Approved 11/13/2012 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • • The request for a Conditional Use Permit for a Bicycle and Moped Rental Establishment for the online rentals of electric bikes is, in Staff's opinion, acceptable.The proposed use is consistent with the intent and recommendations of the Comprehensive Plan for the Sandbridge Suburban Focus Area 6, which encourages limited commercial uses that are appropriately scaled to serve the Sandbridge neighborhood. The proposed operation is limited in scale, with an initial fleet of 15 to 25 Class 1 and Class 2 e-bikes, well below the maximum allowance of 40 bicycles per zoning lot per Section 226 of the Zoning Ordinance. A Class 1 e-bike uses pedal assistance only, meaning the motor works only when the rider is pedaling and provides assistance up to 20 miles per hour. It rides similarly to a traditional bicycle and is commonly used for commuting and recreation. A Class 2 e-bike, on the other hand, includes both pedal assist and a throttle, allowing the rider to receive motor assistance either by pedaling or by using the throttle without pedaling. Like Colin Nannery Agenda Item 10 page 3 of 15 Class 1, it is also limited to 20 miles per hour.The main difference is that Class 2 e-bikes offer the added convenience of a throttle for more flexibility. The business is anticipated to have only two employees and will operate seasonally from March through September, which minimizes potential impacts on the surrounding area. As stated previously, the use will operate from a single 26-foot by 8-foot (208 square foot) cargo trailer, which will serve solely as office space and storage for the e-bikes. No modifications to existing buildings or site improvements are proposed, and customer activity on-site will be minimal, as rentals are conducted entirely online with delivery directly to the customer's location. Additionally, the site is located within the AE Flood Zone with a Base Flood Elevation (BFE) of 5 feet NAVD 88. The applicant has proposed options for the trailer to comply with floodplain regulations, including temporary placement on-site for fewer than 180 consecutive days, licensing for highway use, and meeting all new construction elevation and anchoring requirements as detailed in Appendix K, Article 4, Section 4.2, and Section 4.3, thereby addressing all safety and regulatory concerns. No on-site rentals are conducted, so no additional parking is required. Existing asphalt and gravel parking areas that currently serve the site's other businesses are sufficient to accommodate any limited on-site employees or occasional customer visits.The proposed use is limited, minimally intrusive, and visually compatible with the area, which aligns with the Comprehensive Plan's recommendations that commercial uses in the Sandbridge Suburban Focus Area serve the neighborhood. Overall, staff finds that the proposed electric bike rental use is compatible with the surrounding neighborhood and meets the necessary zoning and operational standards to ensure limited impacts on the site and adjacent properties. Based on the considerations above, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. The cargo trailer shall be placed only in the location depicted on the site layout entitled "Site Plan Layout for Colin Nannery—373 Sandbridge Road, dated March 23, 2026, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The sale or rental of electric bicycles shall not occur on-site. All rentals shall be conducted through an online reservation system, with bicycles delivered directly to customers off-site. 3. The hours of operation shall be from 8:00 a.m. to 4:00 p.m., Monday through Sunday, from May through September. 4. The business shall maintain a maximum inventory of 25 e-bikes and be limited to Class 1 and Class 2 models only. 5. The cargo trailer shall not remain on-site for more than 180 consecutive days. Colin Nannery Agenda Item 10 page 4 of 15 6. The cargo trailer shall be fully licensed and ready for highway use. 7. The cargo trailer shall meet all requirements for new construction, including elevation and anchoring requirements as detailed in the Floodplain Ordinance. 8. No parking of any electronic bikes shall be permitted within the right-of-way. 9. No outdoor display of electronic bikes shall be permitted. 10. There shall be no storage of e-bikes, tires, equipment, parts or debris of any kind outside of the cargo trailer. 11. No outside paging or amplified music system shall be permitted. 12. 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. 13. The proposed scenery wrap on the cargo trailer shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to issuance of any permits. 14. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 15. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. Colin Nannery Agenda Item 10 page 5 of 15 Comprehensive Plan Information The site falls within the Sandbridge Suburban Focus Area.The Sandbridge Suburban Focus Area recommends limited commercial uses provided the type and extent of such uses are scaled to serve only the Sandbridge neighborhood and that the site and building designs are of high quality (1-90, Comprehensive Plan Policy Document). Furthermore, commercial buildings should be generally oriented toward the front of the lot within a well-landscaped green area while locating the parking and loading areas to the rear of the lot.The mass, or overall size, and height of the structure should be appropriate to the surroundings. ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic • .cts/Transportation Traft Counts Street Name Present Volume Present Capacity Generated Traffic Sandpiper Road 4,850 ADTI 8,700ADT 1(LOS 4"D") Proposed Land Use 3-No Trip Generation Available 1 Average Daily Trips 'As defined by an e- 3As defined by a 4LOS = Level of bike and moped a-bike and moped Service rental business rental business Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Sandpiper Road is a two-lane minor collector in the vicinity of this site. This section of Sandpiper Road has a variable right-of-way width. It is not included in the MTP. There is currently no CIP scheduled for this segment of Sandpiper Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water City water is available for connection if needed.There is an existing 12-inch city water main along Sandbridge Road. Colin Nannery Agenda Item 10 page 6 of 15 Sewer City sanitary sewer is not available. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Colin Nannery Agenda Item 10 page 7 of 15 i i i c Site Layout Location of ,ss Proposed Cargo Trailer Site Plan Layout for Colin Nannery-3713 Sandbndge Road March 23,2026 Colin Nannery Agenda Item 10 page 8 of 15 Proposed • • Trailer < r CoasW ril � ..,..�..... EXPLORE . � s THE BEACHES ! &SCENIC TRAILS , 7 can or Text!555-123-4567 www.coastaIEVenture.com Colin Nannery Agenda Item 10 page 9 of 15 Site Photos Vit , x. Colin Nannery Agenda Item 10 page 10 of 15 Site Photos NJ- Colin Nannery Agenda Item 10 page 11 of 15 Disclosure Statement VIRGINIA Disclosure V-B- BEACH St 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 requnred far aU 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, at- other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application , _N'Ayint1'y Is Applicant also the Owner of the subject property? Yeso NoQ' If no, Property Owner must complete SECTION 2:PROPFRTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Ye:9No n if yes, name Representative: izab'�artow _ 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-stibsidiary I or affiliated business entity Z relationship with the applicant,(Attach list if necessary.) l -- 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 h subject land or any proposed development contingent on the subject public action? YesO No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provider/irn connection to the subject application or any business operating onto be operated on the property. The name of the entity and/or individual providing such services rntrst be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity amyl/or individual) _ Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Colin Nannery Agenda Item 10 page 12 of 15 Disclosure SECTIONP DISCLOSURE cotitinued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Q Architect/Designer/Landscape 0 ,( Architect/land Planner lJ Construction Contractor 0 Engineer/Surveyor/Agent Legal Services 10 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. Applicant Name(Pri t) Applicant Signature Date j"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,(fi) a controlling owner in one entity is also a controlling owner in the other entity,or(M)there is shared management or control between the business entities.factors that should be considered in determining the existence of an offiliated 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): 5/4/2026 Marchelle L. Coleman 5/4/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Colin Nannery Agenda Item 10 page 13 of 15 Disclosure Statement SECTION 2: PROPERTY DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application yo W lr yV-hQ,� Is the Owner a corporation,partnership,firm,bu iness,trust,or uninc orated business? Yes©A00 If yes,list the names of all officers,directors,inernbers,or trustees below AND businesses that have a parent-subsidiary I or affiliated busin/e�s�s en t ity z relationship with the applicant. Attach list if necessary.) X--ZI'tr7c°Jij 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 Q No('I!�" If yes,name the official or employee,and describe the nature of their interest. _ PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or Individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) ��J/ Real Estate Broker/Agent/Realtor © lrJ Accounting/Tax Return Preparation © e Architect/Designer/Landscape O Architect/Land Planner (' Construction Contractor © tJ ---- Engineer/Surveyor/Agent Legal Services PROPERTY OWNER CERTIFICATION READ.I certify that all information contained in this Form is complete,true,and accurate.1 understand that, upon receipt of notification that the application has been scheduled far public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Coouuncil, VBD}A,,CBPA, Wetlands Board or any public body or committee in connection with this applications. ✓.J��'1�1C/r1 K/ Property Ow Name(Print) Property Ow er Signature D e Disclosure Statement I rev. May-2024 page 3 of 3 Colin Nannery Agenda Item 10 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. Colin Nannery Agenda Item 10 page 15 of 15 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #10 Colin Nannery Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 10, Colin Nannery. Mr. Coston: Good afternoon. Please state your name for the record. Mr. Barton: My name is Kai Barton. I'm Colin Nannery's business partner. I'm proposing my electric bike rental business, Coastal Adventure E-Bike Rentals. The business offers electric bike rentals in a high-traffic beach town, giving tourists an easy, enjoyable, eco-friendly way to travel through the beaches,vacation homes,to restaurants,and to local attractions. E-bikes are especially well-suited for coastal environments, allowing riders to cover longer distances comfortably in warm weather and flat terrain. For our e-bikes,the requirements --you must be 18 years or older, with a valid ID and driver's license. They will all be required to wear a helmet and come with bike locks. If a person is under the age of 18 and is found riding the bike,we'll be taking it away immediately. Our bikes are class one and two, so they won't be going over 25 miles an hour. E-bike safety -- we will have GPS tracking on all the bikes. That if and when they did leave the community of Sandbridge, they would be immediately turned off and we would be notified. Everybody will be highly advised to only ride on the beach road and stay away from the main road of Sandbridge. E- bikes will be prohibited from leaving Sandbridge. I'm very well versed also in the community and we always have people looking around for us and looking out for us. And if anybody would have seen, per se, somebody under the age of 18, we will always get calls and we'll deal with that matter as they come. Why is it good for the community? There's less traffic with the new roads and everything being built for Sandbridge. There's more parking spaces for more people to come in. All the vacation home people can leave their cars at home and they can travel around through Sandbridge on their e-bikes, leaving more spaces for more people from, say,Norfolk or downtown Virginia Beach or the oceanfront to come into Sandbridge and enjoy the town. It also opens it up for all the more venues and restaurants and all the communities to kind of make profit off that as well, bringing more people into Sandbridge and kind of helping the community as a whole. We will be having 25 e-bikes. I know the max capacity is 40. We will be delivery only. For the CUP permit,we're really just asking that that is our zone,kind of our office buildup, and we would just--that be our place of business,and then we go and direct our business through calls and bookings. All of our e-bikes will be kept in an enclosed cargo trailer, roughly around 13 feet. It'll be hourly, daily, and weekly rentals. Thank you. Any questions? Mr. Coston: Do we have any speakers? Clerk: We have 3 speakers. Our first speaker is Debbie Jeter. Mr. Coston: Okay,you may be seated. Ms. Jeter: Good afternoon, my name is Debbie Jeter. I live at 3700 Sandpiper Road, directly across from where these a-bike places will go. I'm very much opposed to it. I've seen a lot of e- bikes in Sandbridge and it's a little scary because they do not follow the rules. We have a lot of families taking their kids, their beach carts, umbrellas, all this stuff to the beach. We have golf carts up and down the streets all day long,especially in the summer. If we add e-bikes, it could be very dangerous. We already have a-bikes in our community,and this would just increase it. There's been an awful lot of information on local TV regarding a-bikes at the Oceanfront. I'm sure you've all heard about it. Excuse me. There was a man killed in March of this year. Another person killed October of 2025. In 2025, 175 people were treated for serious,non-fatal injuries, including broken bones and traumatic brain injuries. 2 days ago, I was in Red Mill, where the Walmart is, and there were 2 boys doing wheelies in the parking lot. Luckily, nobody walked out of the stores at the time. This just gives you a history of a-bikes and sometimes the young people that ride them that are not very safe. Please don't allow this in our community. It'll impact our rentals. If families come down and they see all these bikes running around -- he says he'll take the near a-bikes back and, you know, monitor it, but he can't see everything 24n. And if the families come down and see this, I would not come back. And it's going to impact our revenue, it's going to impact Virginia Beach revenue as well,because you get a lot of revenue from Sandbridge. And that's basically all I have to say,thank you. If you have any questions, let me know. Mr. Coston: Any questions? Thank you,ma'am. Clerk: Our next speaker is Hatcher Jeter. Mr. Jeter: Good afternoon. My name is Hatcher Jeter. I live at 3700 Sandpiper Road, across from where this will be. I've been noticing a-bikes down in Sandbridge quite a bit. I've also noticed that we've had multiple occurrences where people are going down Sandbridge Road and they're not allowing anybody to pass them. They're not wearing helmets. These are adults. And when someone does go by these people, they flip them off. They don't respect anybody. They don't respect the laws. I'm very much opposed to this because someone's going to get killed. And then what's going to happen? That's all I need to say. Any questions. Mr. Coston: Thank you, sir. Thank you very much. Clerk: Our final speaker is James Barton. Mr. Barton: Good afternoon. It's my son that would like to start this business. I was fortunate enough to start the golf cart business in 2009. That is still successful. I ended up selling the business some years ago and there's golf carts all over Sandbridge. One of our biggest things was the safety. And like Kai says, you know, having it monitored and having GPS, which we didn't have -- the technology's gotten so much better now. People are coming to Sandbridge from all parts of the country, and they love Sandbridge. And it takes for people like myself-- my great- grandmother bought in 1957. Kai's born and raised there. His partner's born and raised there. They know who comes to Sandbridge. Talking about accidents--and I know the kids that were doing wheelies at the store. They're local kids. You know, that's what they do, and they don't have helmets. But this is not his clientele. His clientele is going to come and try to enjoy Sandbridge. They're going to be right next to a jet ski rental. They're going to be right next to a boat rental. The Baja is right there. They've got the Jose Tequila is right there. You've got the False Cape Wildlife Refuge. You've got a lot of opportunity for people to get out of their cars from Ohio,New York,wherever,Alabama, and get an a-bike and drive around Sandbridge. Then you're going to have a group of people that are going to come and say, hey, let's rent an e- bike for the day to see what house we're going to rent next year. Sounds like these people that are opposing it might have a rental house. So, I don't see if they're renting their house--they see day to day. I'm there all day, every day. I've had a pool business for 25 years. And I have strongly advised Kai, safety. Now,people are getting hurt. Surf lessons,people are getting hurt walking across the street. One of my biggest fears was with the golf carts, because they get this mentality, a golf cart, and they have a cold beer and we're on a golf course. My thing would say, hey, if you're going to go out drinking in a golf cart,you better not be drinking,because the cops are going to pull you and say, hey, where are you from? You know, I'd say, because they just want to see what you're doing. So,I highly advised safety and just trying to do the right thing. And here we're giving you a vehicle to enjoy yourself in Sandbridge, especially on the back streets, to bring bikes and surfboards and cargo and babies and stuff, so you're not walking all that distance. So anyway, his business is a great idea, and we were approached to have a-bikes back in the early days. And I was opposed to it because the sand on San Fidel Ro. was a little rough. Since then, the city has come down and has done an amazing job on keeping Sandbridge clean and the access ways to the beach. I mean, I'm really proud of the city. Mr. Coston: Excuse me, sir. Your time has expired. Mr. Barton: No problem. Mr. Coston: Are there any questions? Mr. Camp: Yes, I have one question. You mentioned a jet ski rental. Is there a jet ski rental on the premises here? Mr.Barton: It's near the premises,yes. Mr.Camp: Okay, but it's not something being operated on the property that we're talking about? Mr. Barton: No. Mr. Camp: Thank you, sir. Mr. Barton: I don't believe. Well, it's zoning. I'm not quite sure. Mr. Camp: Okay. If you're not sure,that's okay. Mr.Barton: It's a big piece of parcel. Mr. Camp: Thank you. Clerk: Commissioner Camp, we were able to confirm after informal. There is a business license for jet ski rentals on this property. Mr. Coston: Any more questions? Mr. Cromwell: Mr. Barton, have you all reached out to the condo association or anybody to get some of your opinions? Mr.Barton: We know we've reached out to civically,the condo association,not really,you know --obviously some people would be here if they were opposed to it. I think it's a great thing for the community, like I said. It backs the cars off the community. It lets people kind of do something that they're not used to doing and that's what Sandbridge is all about. Surf rentals, False Cape, boat rentals. I mean, they're coming from here to just enjoy themselves. So this is just another avenue,and they'll make it as safe as they can. Mr. Coston: Thank you. I see a hand up, but I'm song, ma'am. You have to sign up to be able to speak. Clerk: You can come down here, and we'll fill out a card. Mr. Coston: Any more questions of the applicant? Mr. Barton: I was going to say, we've been through this with the golf carts, and we had some opposition, and people took steps. You know, they see a golf cart going through the access way, and the city--so,you know,get these guys started off on the business,and I think you guys would be --then you guys would come down and rent a bike and go into False Cape. Mr. Coston: Okay,thank you. There are no more questions. You may be seated. Thank you. Clerk: Our next speaker is Andrea Colvin. Ms. Colvin: My name is Andrea Colvin. I wasn't prepared to speak,so I didn't sign up. But what I've heard is fantasy. People come to Sandbridge for the beach and we have issues with parking and of course, in the summer everything's at a premium. People are parking on your lawns,which closes the streets up. And where in the world is the bike lane that you're talking about? Mr.Barton: Bike lane? Ms. Colvin: Yeah. Mr. Barton: Well, bikes are out on the street. Ms. Colvin: I know they are. Ms.Hippen: You need to address us,please. Please address us. Ms. Colvin: I'm sorry. I didn't ask you, folks, but-- it was a question for him. There is no bike lane that I'm aware of,and I've lived in Sandbridge for 36 years. We've made tons of improvement. We've accommodated lots of people. But this is a step backwards. If you want to rent a bike, bring it with you. These electric bikes -- everybody I know -- I have a grandson who is a tour director in New Orleans, and he rides an electric bike, and he's been in an accident. People don't expect somebody to be going more than a casual speed on a bike. But these are, you know, people are reckless on them. They don't follow rules. And like I said, I've been there a long, long time, and I don't think this is an improvement for the people. I don't know of anybody who's asking for it, and everybody I mention it to, they're opposed to electric bikes. You're not getting exercise, and people come to Sandbridge for the beach. That's all I have to say, but I hope you consider it. Mr.Coston: Thank you so much. Any questions for her? Mr.Barton, if you would like to come back and speak to these items,you have 3 minutes. Mr.Plumlee: I do have questions for the applicant. We haven't had a chance to ask questions yet of the applicant because we were waiting. Mr. Barton: So, regarding the bike lane that she was asking or talking about -- that's directly going down on the right side and the left side already. That's implanted where they painted on Sandbridge Road. And like I said before, I'm cutting it off to where they are not allowed to leave Sandbridge with electric bikes. Regarding the GPS tracking,that just gets turned off immediately. It will only be inside of Sandbridge to enjoy Sandbridge and the False Cape Wildlife. It does take care of parking problems, like she said. People are parking on lawns and people are parking on everybody's great, beautiful properties that they pay for to get and make look nice. That will solve this problem. No more cars on the parking lots. Like,they can just go, grab an e- bike, ride around Sandbridge, have a great time. Less cars on the sides of the streets. Mr. Plumlee: Thank you, Mr. Chair. So are you saying the application is limited to 25 e-bikes? Mr. Barton: That's what we were starting with. I know the max capacity for Virginia Beach is 40,but we are currently right now going to have 25 e-bikes. Mr. Plumlee: And so, are you agreeable to a limit of 25 e-bikes? Mr. Barton: Yes. Mr.Plumlee: And these are class one and class two. Explain the difference so we can understand. Mr. Barton: So, there's a class one through three of e-bikes ranging, and the class one and class two have a monitor of speed, and they only go up to 25. They also have the pedal assist. There's a one through four mode on the class one and two that you can either go from a full pedal assist to no pedal assist, and that's ranging. So whenever, let's say you go to the four and you want to do a no pedal assist,that's max speed, it's going to get 25. The class 3 e-bike is what everybody refers to,and those are the a-bikes that are going outrageously fast. Those are the 35 to 60 mile an hour e-bikes that we are not having at all. Mr.Plumlee: So,the application is limited to a class one and two e-bike. Mr. Barton: Yes, sir. Mr. Plumlee: Why would you have two classes as opposed to having only one class? Mr.Barton: Well,what I'm saying is like,class one and two are kind of like together in the same class,relatively. Because class one only goes maybe 20 miles an hour. Class two, it only goes to 25 miles an hour,but both of them have the range to do pedal assist. Mr. Plumlee: And so the trailer, where you store these -- it's mobile, is that something that the intent is to plant this at this location 24/7, or is it driven off the lot every day? Mr.Barton: It will be there 24/7. Mr. Plumlee: So, throughout the season, there's no need to pull this trailer around. Those bikes are maintained and kept inside that trailer. Mr. Barton: Yes, sir. Mr. Plumlee: And does the conditions require that the bikes be kept inside the trailer overnight? Clerk: We do have a condition requiring storage within the trailer. There's also a condition in here, condition four, that the cargo trailer shall not remain on site for more than 180 consecutive days. That's due to the floodplain requirements that it needs to be licensed,operable. Essentially, it's a vehicle versus a structure. So that is in condition four. There's also condition 3 that would limit from May through September. Mr.Plumlee: I see. Mr. Barton: And that is the only months of operation that we would be doing, May through September. 180 days. Mr. Plumlee: And would this be the sole location for bike rentals in this neighborhood or in this community? Mr. Barton: Yes, sir. Mr. Plumlee: Okay. Those are my questions. Ms. Hippen: What is the speed limit down in the Sandbridge area? Mr. Barton: So the Beach Road is 25 miles an hour and then our main road is 35. Ms. Cuellar: Councilman Cummings is one of our council liaisons because based on what the residents are sharing today, there is concern about safety of our residents, our guests, anybody who's on an e-bike. So do you feel like -- have you had an opportunity to attend any of those meetings,or maybe to garner some of that information? Mr. Barton: I have not. I found that the task force is fairly new. So, I didn't know too much about it. I did read up on it a little bit,but I heard the criteria is still under planning. That's all that I know. Ms.Cuellar: I would just want to make that resource available to you to maybe increase the safety for anybody who's on any bike. Mr. Barton: Yeah, absolutely. Like I said, safety is our biggest thing. We just want people to have fun and experience Sandbridge in the best way possible but also being as safe as possible. Ms. Cuellar: Thank you. Mr.Plumlee: What is the rental price? Is it by the hour, all day? What is it? Mr.Barton: It'll be hourly, daily, or weekly. Mr. Plumlee: And how much? Mr.Barton: So,the daily rate would be about$25 to$35 an hour. The daily would be about$70. And then weekly, it'd be about$250 to $300. Mr. Camp: Thank you. I'd like to walk through a couple of question and answers here,both for my knowledge, the Commission's knowledge, and also to help you on your way to City Council. First of all, I would like to thank you for designing this business with your geofencing, that we've had experiences in this city with rental of micromobility devices that were not limited. The devices went all over the place. It created a situation that was widely unpopular. With regard to your geofence, are you allowing your devices to enter the refuge? Mr.Barton: Yes,sir. So,we are going to--it's still in the works--but we are going to be entering the refuge for potentially guided tours. Still working on that piece of it, but yes. Mr. Camp: Would a rider not on a guided tour be able to go there, or is that outside your geofence? Mr. Barton: That would be included as a place. I wouldn't say fully through the entire wildlife refuge. Mr. Camp: The permissible trails, of course. And the classes of e-bikes permissible in a federal wildlife refuge are? Mr. Barton: Class 1 and Class 2. Mr.Camp: Thank you,sir. In terms of the state park at False Cape, is that within your geofence? Mr.Barton: Yes, sir. Mr. Camp: What classes of e-bikes are permitted or not permitted in a state park? Mr. Barton: Class 1 and Class 2. Mr. Camp: Very good. On class 1,as I understand it, a class I is a pedal assist source of power. In other words, if you're not pedaling, it doesn't go forward. Mr. Barton: Yes. So, like, if you wanted to pedal, you could. It would have a little bit more momentum because it's a pedal assist. And if you did get tired,you just kind of hit the throttle. Mr. Camp: No. This is very important to understand. A class 1 e-bike has no throttle. A class I e-bike only assists the pedaling. No pedaling,no movement. Mr.Barton: I'm sorry. I meant class 2 for that one. Mr. Camp: A class 2 e-bike has the pedal assist and then a throttle that can be used in addition to give you that additional boost. Mr. Barton: Yes, sir. Sorry, I got those mixed up. Mr. Camp: Alright. Well, this is important if you're going to be in the business to be able to explain this, because as you've heard, the community has a lot of concern and they have misunderstandings about this. Now, the difference with a Class 3, or those that even go beyond that-- a-motos --which are mostly what we see out there as problems --would you say that those are devices that can be operated just with a throttle? Mr. Barton: Yes. Mr. Camp: You don't even have to be pedaling. Are you going to be renting those kinds of devices? Mr. Barton: Absolutely not. Mr. Camp: Alright. On class 1 and class 2 e-bikes, is the maximum speed 20 miles an hour? Mr.Barton: It is 20 to 25 miles an hour. Mr. Camp: Are you sure? I'm talking about how fast the device can go. Mr. Barton: How fast it can go? I researched it and I saw the maximum of 25 miles an hour. Mr. Camp: Alright. Class 3? Mr. Barton: About 50 to 60 miles per hour. Mr. Camp: 28 miles an hour. You're describing e-motos,which is a whole other type of wheeled device that is not an a-bike at all. It is part of the misunderstanding. People see things on two wheels moving quickly, call it an a-bike,but it is not an a-bike under the law or under the types of regulations that your business is asking to be approved under. So, understanding what it is that you're applying for and being able to explain it to the public and to those who are here weighing in on your application, I think is very important. As I understand it,you're not planning to rent devices that would be considered a-motos that are not even in the e- bike regulation, correct? Mr.Barton: Yes, sir. Mr. Camp: Do your devices come with lights? Mr.Barton: Yes, sir. Mr. Camp: Front and back? Mr.Barton: Front and back. Mr. Camp: Alright, and when a person rents one of your devices, are they renting just the bike, or are there other accessories that come with the rental? Mr. Barton: There will be other accessories that will be available. Per se, families will have a wide variety of accessories. Mr. Camp: Could you describe these safety accessories? Mr. Barton: Safety accessories -- you'll have a bike lock that comes with it, a helmet that immediately comes with every single bike. Another accessory, you get a battery charger. The bikes will have fenders on the wheels. There's front guards and back guards. Mr. Camp: So are these add-on accessories, or are they part of the base package when you rent a bike? Mr. Barton: That will be the base package. Mr. Camp: Alright. So, everyone renting a bike from you will be given a helmet to wear with that bike? Mr. Barton: Yes, sir. Mr. Camp: Very good. In terms of the education you mentioned,you noted that there is a bike lane on Sandbridge Road. Will the shared-use path further out on Sandbridge Road, entering the community, also be within your geofence? Mr. Barton: Can you say that one more time? Mr. Camp: You know where Surf and Adventure is? Mr. Barton: Yes, sir. Mr. Camp: Alright. There's a shared-use path along Sandbridge Road now? Mr. Barton: Yes. Mr. Camp: Does your geofence extend out that far? Mr. Barton: No, sir. Mr. Camp: So, it's up by the market and that traffic light up there? Mr. Barton: It will go directly -- if not closer to the market, but where the water tower is, that'll be where it cuts off. Mr. Camp: So, if someone attempted to ride one of your bikes west on the current only entry road into Sandbridge,the power would cut off and they would not be able to do that? Mr.Barton: Yes, sir. Mr. Camp: Very good. And then in terms of basic education --you, or maybe your dad, one of you, when you were speaking, was talking about folks coming to our rental community at Sandbridge from somewhere else. So, of course, laws that they're used to, local traditions,where they're coming from may be different than what we have here. Can you describe for me the types of general instruction you might give a rental client to familiarize them with the local rules of the road? Mr. Barton: I would give them the local rules of our town and Virginia Beach, that you must wear a helmet at all times, as highly advised. I highly advise you to ride the beach road because it's safe,25 miles an hour. You will not be allowed to leave Sandbridge with the bike. Otherwise, like I said, it will be turned off. Mr. Camp: Are you allowed to ride abreast next to another bicyclist? Mr.Barton: No, sir. Mr. Camp: And that is something, as we heard public testimony about that being particularly problematic with all of the traffic down in Sandbridge. Is that something that you might be able to commit to us,that would be part of your education to these visitors who are renting bikes from you,that single file is the law? Mr.Barton: Absolutely. Mr. Camp: Very good. And then my last question is just the data point. Since you're the first business that we've had coming in that I'm aware of doing this kind of thing, and we have had concerns about lithium batteries and their fire risk -- what is the number of batteries that you are associating with each bike that you will have in your fleet? Do you have one battery,two batteries per bike? One and a half? What's your number? Mr. Barton: We have one battery per bike. Mr. Camp: Okay, so there's no spares. Mr. Barton: There will be spares, but they will be off-site. Away, okay. And keeping the batteries separately. Mr. Camp: Where is charging done by your business? I assume you're renting out fully charged bikes. Mr. Barton: Yeah, fully charged bikes, it will be -- either we will have generators set up and be charging outside of our trailer, or we will be taking the batteries home and securing them at our houses and charging them at home. Mr.Camp: Alright. So,this is the first I've heard of this. You're talking about running generators, which are noise-making machines on the property. Can you describe the hours you might be doing that kind of work to be charging your batteries? Mr. Barton: It would be within operating hours of 8 o'clock in the morning to 04:00 in the afternoon. And batteries take about one to two hours to charge, so it'd be about an hour a day. Mr. Camp: One hour a day running a generator to keep your fleet stocked for rental? Mr. Barton: Yes, sir. Mr. Camp: In terms of the placement of this trailer and the placement of that noise-making generator, how close would that be to either adjoining uses or to the street? Mr.Barton: It is kind of pretty far away from the street. Mr. Camp: Thank you, sir. Thank you, Mr. Chair. I know that was a lot of questions, but just like some of the other first-time uses, I think it's important to build a record of what's being done here. Mr. Barton: Absolutely. Thank you for asking those questions. Ms. Hippen: Just a suggestion -- should your application be approved all the way through City Council,I suggest that those rules of the road or the local rules,that you have a little piece of paper that you hand out or a little pamphlet, something like that. Mr. Barton: Absolutely. So, with the liability waiver that we hand out with everybody, everybody will be getting the rules and laws in a whole sheet with them. Ms. Hippen: Thank you. Ms.Byler: Thank you for coming down here. I appreciate you. And I thought it was very sweet your father's here to support you. I'm all about generational businesses and nepotism. I will say that I myself am both a motorcyclist and an avid bicyclist. I'm familiar with this site and riding through Back Bay Wildlife Refuge down to False Cape State Park is one of my favorite Virginia Beach rides. So, I think you're going to have people wanting to do that. The City of Virginia Beach has initiatives to support entrepreneurs, small businesses, business startups,and that's you. We also have a growing initiative for ecotourism,and I see people coming to Virginia Beach, not just for the beach, but for the other outdoor activities that it brings. And I'm excited about what you're doing. I know change can be scary. I don't myself have an a-bike. I know they can be irritating, but when I think about it, that it's a car not on the road, and that at least somebody's getting some fresh air, and less parking,and all of the other advantages,many of which you've already highlighted, I support this wholeheartedly and I move that your application be approved. Mr. Plumlee: May I address the motion? If there's a second to it, I wouldn't mind seconding it, but there is no condition on the number of bikes with regards. I think there's a 25. No, she just made clear to me the condition is not there, and so we need to add that. I want to make sure we added that. I also want to make sure that we limit to class 1 and class 2 --that those be the only 2 classes of a-bikes that are used for this business. Is that acceptable to you? Mr.Barton: Yes, sir. Mr. Plumlee: Okay. Then I would second, if you would make those changes to your motion, , 25 bikes maximum and class 1 and 2. Ms.Byler: I don't see that as a concern. I'm happy to amend my motion to concur with the points that Commissioner Plumlee just mentioned, limiting it to class 1 and class 2 and 25 bikes. Mr. Coston: So,we're ready for the question with that. Clerk: The vote is open. By a recorded vote of 9 to 0, item 10, Colin Nannery has been recommended for approval as modified. Mr. Plumlee: And I just want to add for the council's benefit--that they need more problems on their plate -- but I will say this is a big issue and it's not the responsibility of this business owner to solve it citywide. But we've had events on the north end of Virginia Beach very similar to what the Jeters are talking about -- very, if not identical, if not more dramatic in many ways. So it's something that we need to handle citywide and come up with proper regulations to deal with, but I wish you luck in your business. Mr. Camp: Mr. Chairman, if I could add, for the benefit of the Commission and for all those present,there will be a briefing at City Council on April 28th of this month in the afternoon session, providing the recommendations of the city's a-bike task force to City Council. And all those who may have interest in this topic may wish to tune in to that briefing and then interact with City Council after they receive that briefing so that they can hear the public's thoughts. Mr. Coston: I've been receiving the eye over here a little bit a couple of times. How many more items do we have left? Clerk: 2 more items. Mr. Coston: Are we good to keep going? Okay. Alright. Let's press on. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 Ix Conditions 1. The cargo trailer shall be placed only in the location depicted on the site layout entitled "Site Plan Layout for Colin Nannery—373 Sandbridge Road, dated March 23, 2026, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The sale or rental of electric bicycles shall not occur on-site. All rentals shall be conducted through an online reservation system, with bicycles delivered directly to customers off-site. 3. The hours of operation shall be from 8:00 a.m. to 4:00 p.m., Monday through Sunday, from May through September. 4. The business shall maintain a maximum inventory of 25 e-bikes and be limited to Class 1 and Class 2 models only. 5. The cargo trailer shall not remain on-site for more than 180 consecutive days. 6. The cargo trailer shall be fully licensed and ready for highway use. 7. The cargo trailer shall meet all requirements for new construction, including elevation and anchoring requirements as detailed in the Floodplain Ordinance. 8. No parking of any electronic bikes shall be permitted within the right-of-way. 9. No outdoor display of electronic bikes shall be permitted. 10. There shall be no storage of e-bikes, tires, equipment, parts or debris of any kind outside of the cargo trailer. 11. No outside paging or amplified music system shall be permitted. 12. 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. 13. The proposed scenery wrap on the cargo trailer shall be subject to review and approval by the Director of the Department of Planning and Community Development prior to issuance of any permits. 14. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 15. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. A11 applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. - O Z m t ALCOTT RQ 2 Site Regan Knutson C= Zoning 3421 Alcott Road Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 4/15/2026 .t;ir ems; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REGAN KNUTSON [Applicant & Property Owner] Conditional Use Permit (Home Based Wildlife Rehabilitation Facility) for the property located at 3421 Alcott Road (GPIN 1487752810). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: May 19, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to rehabilitate turtle hatchlings and small mammals, within a 130 square foot room in the dwelling. The proposal includes providing care to no more than 50 animals, 47 of those being turtle hatchlings and 3 being mammals. The applicant is requesting approval to allow the public to drop off animals between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday. No release of animals will be permitted on site. ■ Considerations: In Staff's opinion, and the Planning Commission agreed, the requested Conditional Use Permit for a Home-Based Wildlife Rehabilitation Center is appropriate and consistent with the Comprehensive Plan's Suburban Area policies, which support "Great Neighborhoods" and carefully managed, compatible non-residential uses. The proposed operation is limited in scope and will remain secondary to the primary single-family residential use of the property, preserving the neighborhood's character. Wildlife rehabilitation activities will occur entirely within the dwelling, with adequate internal containment providing screening and buffering from adjacent properties. The applicant is familiar with the requirements of Section 242.3 of the Zoning Ordinance, and the proposed conditions ensure the use remains appropriately confined and of low intensity. 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 April 8, 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. This Conditional Use Permit only permits rehabilitation of juvenile turtles & small mammals, weighing a maximum of 10 lbs. Regan Knutson Page 2 of 3 2. All wildlife shall be transported to the parent organization or other similar care facility for release. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 3 small mammals and no more than 47 juvenile turtles shall be housed at this property at any given time. 6. Animals can be dropped off by the general public at this site only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday. Retrieval will be allowed 24/7. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. ■ 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 Regan Knutson Page 3 of 3 City Manager: Agenda Applicant & • ••- Knutson Planning Commission PublicApril CouncilI City Project Details Request Conditional Use Permit (Home-Based Wildlife t Rehabilitation Facility) i Staff Recommendation Approval . - Staff PlannerUP - c Kristin Bauer x F 5` - 1 t Location ' 3421 Alcott Road GP/N `J 1487752810 "�"�"��` y � g` �z 3 Site Size 7,355 square feet A/CUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single family dwelling/R-7.5 Residential Surrounding Land Uses and Zoning Districts Northz' Alcott Road Single family dwelling/R-7.5 Residential South Office/B-2 Community Business East Single family dwelling/R-7.5 Residential West Single family dwelling/R-7.5 Residential Regan Knutson Agenda Item 12 page 1 of 13 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Center within one room of the existing 975 square foot, single-family dwelling on a R-7.5 Residential zoned parcel. • Specifically, the applicant is proposing to rehabilitate orphaned juvenile turtles, non-venomous reptiles, and small animals within a designated 130 square foot portion of the home. • The applicant will provide care for no more than 47 juvenile turtles at any given time, and no more than 3 mammals, so as not to surpass 50 total animals, which is the maximum the applicant believes can be accommodated on site.The proposed use will occur entirely within the residence. • The animals will be housed in cages or appropriate containers while being cared for. Once stable, they will be transported to a secondary care center to be acclimated to outdoor caging prior to release. Wildlife will not be released on or near the property. • The applicant will pick up the animals from the parent organization's facility and transport them to their home. Additionally, the applicant seeks to allow public drop-offs at her home. Public drop-offs will only be allowed between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday. • No alterations to the exterior or interior of the existing single-family home are proposed for this use. Additionally, no employees are proposed to support the operation. • This applicant is working towards getting their Category I Wildlife Rehabilitator License under the supervision of their current Category II sponsor, Southeastern Reptile Conservation.The applicant already possesses a Category 4 Wildlife Rehabilitator License. Regan Knutson Agenda Item 12 page 2 of 13 Zoning History No Zoning History to Report ALCOTT RD B2 Evaluation & Recommendation In Staff's opinion, this request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Center is acceptable. The proposed use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, one of the guiding development principles for which is the creation of"Great Neighborhoods."This use is considered a complementary non-residential use that works to ensure the stability and sustainability of the Suburban area currently and into the future.The limited nature of the operation aligns with this goal, as the property would continue to exist primarily as a single-family residence and maintain its single-family character in structure and intensity of use.The proposed wildlife rehabilitation facility is in keeping with these principles, as the applicant will house rescued wildlife in a room within the single-family dwelling, which provides sufficient screening and buffering from the adjacent properties. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities. In Staff's opinion,this use will not be detrimental or negatively impact adjacent properties.The conditions ensure that the use will occur entirely within the home and remain at an appropriate intensity in the future. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Regan Knutson Agenda Item 12 page 3 of 13 Recommended Conditions 1. This Conditional Use Permit only permits rehabilitation of juvenile turtles& small mammals, weighing a maximum of 10 lbs. 2. All wildlife shall be transported to the parent organization or other similar care facility for release. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 3 small mammals and no more than 47 juvenile turtles shall be housed at this property at any given time. 6. Animals can be dropped off by the general public at this site only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday. Retrieval will be allowed 24/7. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. Regan Knutson Agenda Item 12 page 4 of 13 Comprehensive • • 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 (p. 1-60, Policy Document). 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 WIN t e Existing Land Use'-10 ADT2 Alcott Road No Data Available No Data Available Proposed Land Use 3-No Data Available* i As defined by a 2Average Daily Trips 'As defined by a Single Family Dwelling Home-Based Wildlife Rehabilitation Facility *There is no specific trip generation data for the proposed use. However, according to Traffic Engineering, it is concluded that there will be minimum impact on traffic. Master Transportation Plan(MTP)and Capital improvement Program(CIP) Alcott Road is a two-lane local residential street. It is not included in the MTP and there are currently no planned CIP projects near the subject site. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public • . Water&Sewer The site currently connects to city water& sewer. There is an existing 8-inch city sanitary sewer gravity main & 8-inch city water main along Alcott Road. Regan Knutson Agenda Item 12 page 5 of 13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Regan Knutson Agenda Item 12 page 6 of 13 Proposed Site Layout Po � f yy 4 F t i v" f { f, Regan Knutson Agenda Item 12 page 7 of 13 itt I t F i Regan Knutson Agenda Item 12 page 8 of 13 Site Photos- Exterior "A c w��is��� �' \fir �� �?��,� ,. ��k�eY` �'• -�. All J r t` � F ` �„ - ��� �A g t„ t `s T iY Site Photos- Interior Akli 40 �• •-' ►. t f vat � , _ .•F, +ill t Disclosure CITY OF a VIRGINIA • BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andjor 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 )�NJ tArSt;N Is Applicant also the Owner of the subject property? Yes®Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yesi_I No® If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoe If yes,list the names of ail officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant.(Attach list if necessary.) I Does the subject property have a proposed or pending purchaser? Yes No if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE — Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No® if yes,name the official or employee,and describe the nature of their interest. I i APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO _ SERVICE PROVIDER _ (Name entity onWor indi Financing(mortgage,deeds of trust, cross-collateratizakion,etc. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M ay-2024 -Pao 1 Of a Regan Knutson Agenda Item 12 page 11 of 13 Disclosure —SECTIONDISCLOSURE SERVICE YES NO $ERVICE PROVIDER Name entity and/or Indiv_(dual Accounting/Tax Return Preparation 0 1 Architect/Designer/landscape Architect/land Planner 0 Construction Contractor 0 o Engineer/Surveyor/Agent 0 I 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. Applicant Name(Print) A licant 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,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shored management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2 31i?l. FOR CITY USE ONLY' No changes as of(date): 04/28/2026 s -.:;;:< � �► : .;+SIC r.:.. Kristin Bauer 04/28/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 22 of 3 Regan Knutson Agenda Item 12 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. Regan Knutson Agenda Item 12 page 13 of 13 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12 Regan Knutson Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Plumlee. The next item is item number 12. Is there a representative here today to speak on this? Welcome. Please state your name for the record. Ms.Knutson: Yes,my name is Regan Knutson. Ms. Byler: Thank you for being with us today. Are the conditions acceptable to you? Ms. Knutson: Yes,they are. Ms. Byler: Thank you. You may be seated. I've asked Commissioner Cuellar to read this into the record. Ms. Cuellar: Thank you very much, Vice Chair. The applicant, Regan Knutson, is requesting a conditional use permit for a home-based wildlife rehabilitation facility. The facility will be in one room of the existing 975 square foot single-family dwelling on a R7.5 residentially zoned parcel. Specifically, the applicant is proposing to rehabilitate orphan, juvenile turtles, non-venomous reptiles and small animals within a designated 130 square foot portion of the home. There's been no public opposition and approval from the planning staff. Therefore, we're recommending this to go on the consent agenda. Ms. Byler: Thank you, Commissioner Cuellar. Is there any opposition to this item being placed on the consent agenda? Okay. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1,3, 5, 12, 14, 15,and 16,and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 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. This Conditional Use Permit only permits rehabilitation of juvenile turtles & small mammals, weighing a maximum of 10 lbs. 2. All wildlife shall be transported to the parent organization or other similar care facility for release. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 3 small mammals and no more than 47 juvenile turtles shall be housed at this property at any given time. 6. Animals can be dropped off by the general public at this site only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday. Retrieval will be allowed 24/7. 7. Animal waste shall be removed daily and disposed of in a lawful manner. 8. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 9. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. 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. 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. OCROWN Uj A t - F- PURATI ',. GpR ON LN ,1 0O , > B 2N� J 1 w « Gh ;- cy w oy I fzoz I � W hi _ iOW rl1 Uj m Ld t BROAD r_a UJ $T z-+ w z W (L Trezasur r W Pembrok Z G B "BC tfnee� nni:,High O Z 0 V tw v~) VIRGINIA BEACH BLVD w n w Z F J w VIKUINI tjb�-ALN BLVU 0 .+.wva.van tfan• ` 0 � gw w m CBC a - 4 o . O u I � � a w COLUMBUS O BANK ST Site Pembroke Square Associates, LLC Zoning 4554 Virginia Beach Boulevard 0 Property Polygons Feet 0 120 240 480 720 960 Mao created by Plannina Department on 4/15/2026 �faO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PEMBROKE SQUARE ASSOCIATES, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance (Request to deviate from the CBC Form-Based Code build-to requirement by more than 30 feet) for the property located at 4554 Virginia Beach Boulevard (GPIN 1477554898). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: May 19, 2026 ■ Background: The applicant seeks to deviate from the build-to-zone requirement of the Central Business Core (CBC) District Form-Based Code to develop a 284-unit mixed-use building. The proposed development is to be located within the interior portion of the Pembroke Mall, which has been demolished as part of the phased redevelopment plan for the Pembroke Shopping Center. Section 2204 of the Zoning Ordinance states that the CBC build-to zone requirement is 0-10 feet, meaning buildings shall be placed between 0 and 10 feet from a property line adjacent to a public street. The fagade of the proposed 7-story building will be approximately 485 feet from Constitution Drive, the closest public street, and therefore will not meet the build-to requirement. Section 2206 of the Zoning Ordinance, which provides for Optional Forms of Development, states that a building fagade "shall be located no greater than thirty (30) feet from the lot line faced by such building fagade unless allowed pursuant to a special exception for Alternative Compliance," and is the reason for this request. In addition to the residential units, the mixed-use development will consist of approximately 17,000 square feet of ground-floor commercial space and an attached 613-space parking garage. Amenities will include a rooftop pool, indoor bicycle storage, a rooftop pickleball court, and a dog park. The building materials will be comprised of a mixture of precast base panels, gray and white modular brick veneer, and a mixture of colored fiber cement siding. Deviations to the CBC Form-Based Code's transparency and blank wall requirements are needed with this request, as the parking garage fagade (north) does not meet the minimum 15% transparency requirement for upper floors or the maximum blank wall allowance of 30 feet. ■ Considerations: The redevelopment of the Pembroke Mall will contribute a mix of urban gathering spaces to the Town Center Urban Core. Although this project will not create an activated frontage along a public street system, the ground-floor commercial uses Pembroke Square Associates, LLC Page 2 of 3 and main building entrance for residents will have direct access to a private sidewalk network that connects to the rest of the Pembroke Shopping Center. The applicant made changes to the design based on staff comments, which incorporated human-scaled elements such as canopies, foundation landscape plantings, and pedestrian lighting, thereby enhancing the pedestrian experience throughout the outdoor plaza area. The design incorporates a mixture of smooth and textured panels across the parking garage fagade to provide visual interest and continue the design aesthetic found throughout the rest of the building. 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 April 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 0 with 2 abstentions. 1. The site shall be developed in substantial conformance with the conceptual site plan titled "CBC District Alternative Compliance Exhibit," dated March 19, 2026, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. The mixed-use building shall be developed in substantial conformance with the elevations, renderings, and floor plans titled "The Pembroke," dated March 19, 2026, and prepared by Cox Kliewer & Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 3. All mechanical equipment shall be indoors or screened from view if located on the building's rooftop. 4. The site shall provide, at a minimum, a total of 15 bicycle parking spaces that can be accessed by patrons of the commercial tenants. 5. All private sidewalks shall maintain a minimum width of 5 feet, as stated in the Virginia Beach Public Works Design Standards Manual. 6. All signage shall be in substantial conformance with the CBC Design Guidelines. Applicable sign permitting shall be received from the Department of Planning and Community Development prior to the installation of any sign. 7. The openings on the north fagade of the parking garage shall be designed and installed so that headlights from parked vehicles within the garage are shielded from view. Pembroke Square Associates, LLC Page 3 of 3 8. In the event the existing adjacent Kohl's anchor building is demolished, if the eastern ground floor fagade faces any private and/or public [begin strikethrough] sidewalk6 Gr [end strikethrough] streets, it shall comply with the form-based requirements of the CBC District in place at the time of this City Council approval. The fagade shall be brought into compliance no later than 3 years after demolition is completed. ■ 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 Item 13 CouncilApplicant & Property Owner: Pembroke Square Associates, LLC Planning Commission Public Hearing: April 8, 2026 City • (Schulman) V ft.Z-- Project Details West Request Retail, Eating and drinking establishment, Hotel, Alternative Compliance (Request to deviate from Office/CBC Central Business Core the CBC Form-based Code build-to requirement by O� , .�_ more than 30 feet) � ' a '°ems =�, ; , iSUR r Staff Recommendation ��,{� � ,-� gyp. �p F 1 tLL�oLN' -4"� a '� v+j QTi1 to - �nN�bs �O � � Approval VEr VALLEY pF WIT, e .�.a �o + 1 Staff PlannerE Laine Harrington `; 1- ;_ I` Location - I 4554 Virginia Beach Boulevard �oNST GP/N "Isr:.nrd3_ :_�_.._ �_ � { - J z VIRCANIA BEACH BLVD 1477554898BANK €¢ CoLu Site Size n s �: a MAIN$T�R� °i ' COMMERCE. 23.88 acres 9 g 5T vrgxB l .v I _ jAICUZ l�. V..... n. OLUMBUS ST_ U Fhpertt l y ICC Lt N8U5- ... _..,� -__,,,.,... ,.# LOOP BEASLEY CT Less than 65 dB DNL Watershed 714 Chesapeake Bay Existing Land Use and Zoning District - Shopping Center, Retail /CBC Central Business Core _# i } Surrounding Land Uses and Zoning Districts North + Retail / B-3 Central Business ' � Housing for Seniors/CBC Central Business Core South Retail, Restaurant, Office/CBC Central Business Core East w Retail, Eating and drinking establishments/CBC Central Business Core Pembroke Square Associates, LLC Agenda Item 13 page 1 of 28 Background ► SummaryofProposal • The applicant seeks to deviate from the build-to zone requirement of the Central Business Core (CBC) District Form-Based Code to develop a 284-unit mixed-use building within the Pembroke Mall redevelopment area. A portion of the existing Pembroke Mall has been demolished, and redevelopment is being conducted in multiple phases. • The front of the proposed building (facing west) will be in the interior area of the Pembroke Mall footprint, facing the relocated Funny Bone Comedy Club and an open green space. The northern building facade will overlook the existing Target anchor store, and the eastern building facade will overlook the existing Kohl's department store. The mixed-use building will have access to a privately maintained internal sidewalk network that will connect pedestrians to the rest of the Pembroke shopping area. • Section 2204 of the Zoning Ordinance states that the CBC build-to zone requirement is 0-10 feet, meaning buildings shall be placed between 0 and 10 feet from a property line adjacent to a public street. The facade of the proposed 7-story building will be approximately 485 feet from Constitution Drive, the closest public street, and therefore will not meet the build-to requirement. • The applicant is currently pursuing a subdivision plat for the project, placing a new property line between the Kohl's store and the future mixed-use building. Section 2206 of the Zoning Ordinance, which provides for Optional Forms of Development, states that a building facade "shall be located no greater than thirty (30) feet from the lot line faced by such building facade unless allowed pursuant to a special exception for Alternative Compliance". The building location is unable to meet the build-to criteria and cannot use Optional Forms of Development to do so, regardless of whether the parcel is subdivided or not, and as such, the Alternative Compliance request is required. • The mixed-use development will consist of approximately 17,000 square feet of ground-floor commercial space with an attached 613-space parking garage and 12 exterior parking spaces on the ground floor. Amenities for the multi-family residents will include a 2-story clubhouse, a 2-story fitness center, a 2"'-story rooftop pool and lounge area, 2 outdoor courtyards, indoor bicycle storage, and a co-working space.The 71h floor will have a roof deck lounge, a pickleball court, a dog park, and a dog wash area. The total amount of outdoor amenity space provided will be 26,666 square feet. • The building will be comprised of a mixture of building materials, including precast base panels, gray and white modular brick veneer, and a mixture of colored fiber cement panel siding. A variety of window heights is provided throughout each building story. Each unit will have a private outdoor balcony, with larger, wrapped balconies for corner units, with dark railing accents. • Deviations to the CBC Form-Based Code's transparency and blank wall requirements are needed with this request. The parking garage facade (north) does not meet the minimum 15%transparency requirement for upper floors or the maximum blank wall allowance of 30 feet. A "blank wall" is a portion of an exterior street-facing facade that does not include a substantial material change or other architectural articulation in both a vertical and horizontal direction. Pembroke Square Associates, LLC Agenda Item 13 page 2 of 28 Zoning History Map Key No. Request R7W— A7 e CUP (Mini golf) Approved 11/27/90 CUP (Religious use) Approved _0* 30 ON Cond. CBC) Approved 02/25/2014 CUP (Indoor recreation) Approved 03/17/15 CUP (Outdoor recreation) Approved 04/20/16 IVIDC (indoor recreation) Approved 07/08/2020 ALT (Wall sign) Approved 04/19/2023 ALT (Wall sign) Approved 09/16/2025 2 CUP (Open air market) Approved 02/26/2013 CUP(Unmanned wireless 3 communication facility) Approved 09/10/1996 4 CUP (Auto service station) Approved 04/08/1997 5 ALT(Freestanding sign) Approved 02/05/2019 6 CUP (Housing for Seniors) Approved 07/08/2021 Application Types CUP: Conditional Use Permit M/JP: Modification »f Proffers SN9:Subdivision Variance REZ: Rezon/ng NON: Nonconforming Use LUP: Land Use Plan {]R2. Conditional Rezoning J7C:Street Closure STR:Short Term Rental MDC: Modification »f FVR: F6nodn/o/nVariance Conditions /\LT Alternative Compliance Evaluation & Recommendation The Central Business Core District (CBC) is a portion of the Pembroke Strategic Growth Area, intended to foster the continued development of a central urban core with a vertical mix of urban uses, mobility, and transit alternatives, and urban gathering spaces to provide a variety of civic, commercial, artistic, and ethnically diverse areas. The phases of the Pembroke Mail redevelopment help the northern side of Virginia Beach Pembroke Square Associates, LLC Agenda Item l3 page 3of28 Boulevard transition from the conventional retail mall format to a higher-density, urban-style, pedestrian- friendly format with a mixture of uses. The redevelopment of the Pembroke Mall will contribute a mix of urban gathering spaces to the Town Center urban core. This mixed-use development will add year-round residential activity and attract visitors through additional commercial uses. Although this project will not create an activated street frontage along a public street system, the ground-floor commercial uses and main building entrance for the residents will have direct access to a privately maintained internal sidewalk network that connects to an open green space, additional commercial tenants, and the rest of the Pembroke shopping center area. The residents will be within less than a %-mile walking distance to commercial destinations like Target, REI, Fresh Market, and Latitude's Climbing & Fitness. Access to the VB trail and two public transit stops will be less than a %-mile walking distance from the site. Along with indoor bicycle storage for residents, exterior bicycle parking spaces will be provided for cyclists to access the commercial spaces. A 5-foot-wide concrete sidewalk is proposed to connect the mixed-use building to Constitution Drive. Section 2205 of the Zoning Ordinance sets forth the procedures and standards for Alternative Compliance under which the City Council may grant special exceptions to allow uses or structures that do not conform to the prescribed forms of development within the CBC Form-Based Code. The City Council shall consider the extent to which this proposal advances the goals and objectives of the Pembroke Strategic Growth Area Plan and Comprehensive Plan, in addition to the consistency with the Central Business Core District Design Guidelines. The CBC Design Guidelines provide standards for streets, buildings, and outdoor amenities. The proposed design maintains a consistent street wall along the majority of the building facades, except for the recessed areas that provide residents with access to outdoor amenity space. The proposed design features enhancements at the building corners, such as changes to the building shape and the building materials, incorporating a variety of textures, including brick veneer, concrete panel siding, and glass and wood elements on the balconies. The layering of materials is present, with color changes throughout the floor levels and increased transparency at building corners. The rooftop pool, located on the 2 d floor, is visible from the sidewalk, contributing to the visual interest and connected active outdoor space. Human-scaled elements, including canopies/overhangs, foundation landscape plantings, and pedestrian lighting on the ground floor, enhance the pedestrian experience throughout the outdoor plaza area. A covered patio for outdoor restaurant dining is located to the north of the adjacent outdoor event lawn. Although the building has differing heights at the proposed commercial tenant entrances, a black brick masonry veneer has been added below the second floor to create an identifiable break between the ground and upper floors. The north facade is dominated by the proposed precast parking garage and is limited in its ability to have openings and projections due to building code requirements for structures up against a property line. The design incorporates a mixture of smooth and textured panels across the parking garage facade, both painted and unpainted, to provide visual interest and continue the design aesthetic found throughout the rest of the building. Although a deviation is needed from the transparency and blank wall requirements for the north facade, this request is acceptable due to the design constraints that are present and the supplemented facade option that the applicant has provided. Pembroke Square Associates, LLC Agenda Item 13 page 4 of 28 Due to the project's contribution to Town Center as infill redevelopment and substantial conformance to the CBC Design Guidelines, Staff is recommending approval of the application subject to the conditions listed below. Recommended Conditions 1. The site shall be developed in substantial conformance with the conceptual site plan titled "CBC District Alternative Compliance Exhibit," dated March 19, 2026, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. The mixed-use building shall be developed in substantial conformance with the elevations, renderings, and floor plans titled "The Pembroke," dated March 19, 2026, and prepared by Cox Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 3. All mechanical equipment shall be indoors or screened from view if located on the building's rooftop. 4. The site shall provide, at a minimum, a total of 15 bicycle parking spaces that can be accessed by patrons of the commercial tenants. 5. All private sidewalks shall maintain a minimum width of 5 feet, as stated in the Virginia Beach Public Works Design Standards Manual. 6. All signage shall be in substantial conformance with the CBC Design Guidelines. Applicable sign permitting shall be received from the Department of Planning and Community Development prior to the installation of any sign. 7. The openings on the north facade of the parking garage shall be designed and installed so that headlights from parked vehicles within the garage are shielded from view. 8. In the event the existing adjacent Kohl's anchor building is demolished, if the eastern ground floor fagade faces any private and/or public [begin strikethrough] skkwva. 6-9f [end strikethrough] streets, it shall comply with the form-based requirements of the CBC District in place at the time of this City Council approval. The fagade shall be brought into compliance no later than 3 years after demolition is completed. 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. Pembroke Square Associates, L L C' Agenda Item 13 page 5 of 28 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 subject property within the Pembroke Strategic Growth Area. The regulating plans allow for large footprint, zero lot line buildings, and the highest building heights allowable in the City. It is imperative to have a well-planned, interconnected street system that can accommodate automobiles, public transit systems, bicycles, and pedestrians. The Comprehensive Plan provides design policies and principles for this type of development. There should be an efficient use of land resources, and the utilization of compact, infill development that shifts towards structured parking (p. 16). Development should establish a compatible mix of uses, with a vertical blend of residential and non-residential uses (p. 17). Buildings should provide human-scaled designs, with urban streetscapes that have special paving, landscaping, lighting, and other features that create an interesting and inviting environment (p. 18). Environmental stewardship should encourage green building strategies and improvements towards existing environments that foster new public open spaces. The proposed development is an example of infill development utilizing a vertical mix of residential and commercial spaces. The overall redevelopment of the Pembroke Mall will create newer public spaces, allowing for year-round residents to live in walking distances to restaurants, grocery stores, and entertainment. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume- Present Capacity Generated Traffic Virginia Beach Blvd 42,100 ADT' 70,400 ADT 1(LOS 4 "D") Independence Blvd 51,000 ADT' 70,400 ADT 1(LOS 4 "D") Existing Land Use 2-5,095 ADT Constitution Dr 12,000 ADT' 12,5001(LOS 4 "D") Proposed Land Use 3-2,756 ADT Jeanne St 10,900 ADT' 12,5001(LOS 4 "D") 'Average Daily Trips Pembroke Square Associates, LLC Agenda Item 13 page 6 of 28 'As defined by an 'As defined by 284 'LOS = Level of 140,000 sf shopping apartments and Service center 27,000 sf retail Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Virginia Beach Blvd is an eight-lane major arterial road in the vicinity of this site with a right-of-way width of 175 feet. The Master Transportation Plan shows an 8-lane major arterial with an ultimate right-of-way of 155 feet. There are currently no capital improvement projects scheduled for this segment of Virginia Beach Blvd. Independence Blvd is an eight-lane major arterial road in the vicinity of this site with a varying right-of-way from approximately 155 feet to 175 feet. The Master Transportation Plan shows an 8-lane major arterial with an ultimate right-of-way of 155 feet. There are currently no capital improvement projects scheduled for this segment of Independence Blvd. Constitution Drive is a two-lane minor urban arterial in the vicinity of this site with a right-of-way of 80 feet. The Master Transportation Plan shows a four-lane major collector with an ultimate right-of-way of 80 feet. There are currently no capital improvement projects scheduled for this segment of Constitution Drive. Jeanne St is a two-lane minor urban arterial in the vicinity of this site with a right-of-way of 80 feet. The Master Transportation Plan shows a four-lane major collector with an ultimate right-of-way of 80 feet. There are currently no capital improvement projects scheduled for this segment of Jeanne St. Active Transportation Plan(ATP) Parks & Recreation staff request that all new private sidewalks within the Central Business District development be designed, constructed, and maintained in accordance with city standards for public streets. This is included in Condition 5. Public Utility Impacts Water The site is connected to city water. Sewer The site must connect to city sewer. Pembroke Square Associates, LLC Agenda Item 13 page 7 of 28 Public Outreach • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Pembroke Square Associates, LLC Agenda Item 13 page 8 of 28 Proposed Layout aRr:! 1HX3 30NVIldN003AI1VN831lVH j� AWIPA 1N3W12itldt/ 'LLd C `a..,a� 131�l18fCJ�9� 3}Obg"3d 3Ki • i 3.� i �_¥ � x .�f � �� �"."•a �,-� is a����C �a�� 'az 000 g a III lht 4101 IF Ci A % id f„ .r } y♦ $ 4`. �• fr f mow- E • d 3 s imi, 1! . 3at FE toil s p Pembroke Square Associates, LLC Agenda Item 13 page 9 of 28 Proposed • Plan .' • * a 1N3MO13AM 3sn-a3XIW ! i i , , I oI , , 1 l i i a I 1 i , , , , U ! Er � � 3 ~ i } i 1 ^� E74a 1 c I d! .� i a�� 1 k 1 1 1 4 Pembroke Square Associates, LLC Agenda Item 13 page 10 of 28 Proposed • Plan c.; .-s 1N3VVdo 3AW 3sn-03XIV4 � 4 pj iq milt, ; (+` s ej I FEEJT� 43Sk MlIff It f � rr� u - �ry IM T- i I 144 r � � Aw'I Pembroke Square Associates, LLC Agenda Item 13 page 11 of 28 Proposed • Plan SHVnM3)tO8GVGd 3NO> M 1NWM013A30 3sn-03XIVY 64 4 i, EEEWM Y ' as I 1 - - i ; + MEWED EEMCEM AV EEEMEEU , I t� G I, 4 {pgg] Pembroke Square Associates, LLC Agenda Item 13 page 12 of 28 c� m in 0 ca m m z 0 m m z a P� F, _. _ ml AMR THE PEMBROKE PEMBROKE REALTY GROUP 5/19/26 7 PEMBROKE SQUARE VIRGINIA BEACH,VIRGINIA ueld u0.4ena13 pasodoad "R 0 (Tt t Pt r Y THE PEMBROKE PEMBROKE REALTY GROUP J 3 i PEMBROKE SQUARE VIRGINIA BEACH,VIRGINIA ueld uo.4ena13 pasodoad Proposed Elevation Plan VIN1081n'HOV38 VINIOUIn 38VnOS 3)0UGA3d �)r sea 3NOUgn3d 3NAF uj LL Ei 1 �c t ®was Ifl�ll `X 22® 231E $eG G Y.; # Y.f 5 N d U 4 w Proposed Elevation Plan VINVDHIA'HOV38 VINI08IA 3HVf1OS 3HOH8VGd << dnOHJ A-OV3H 3H086W3d 3>IOH9�W3d 3H1 mm � z MR M2 z w - a w r G1 rs 0 U. _ f b � � Proposed • Plan .. .. ..: O . : �, tJ 1N3Wd013A3a3Sn-a3XIW Y.. c I: y w L df i G } 1 !� Pembroke Square Associates, LLC Agenda Item 13 page 17 of 28 Proposed Floor Plan A8Vn0Si. J. yc .s s N 3 w iN wcioi3Aw 3Sn-avivi I DI •f ' a T_. r t F4 I 3 LLI � N2�0 NaVi CR/ad1� V # p R >N Ycac ot- aL Wa LL t; ZLU CCw LL Pembroke Square Associates, LLC Agenda Item 13 page 18 of 28 8Z 10 6T a9ed ET W@ll ePU@SV Dll `sajepossy aaenbS a�oagwOd m Z m 1 • 7S n C}� ny C �7' O R O Z D y3�1 m O C y �' 0 m z n paves Oaf N m ., Ll k ---=ml j4 R 4 � ; g . ® T • s MIXED-USE DEVELOPMENT THE . . OKE PEMB G .O Proposed Floor Plan 38vnOS 3>108BY43d •. •. link M iN3WdOl3A30 3Sn-03XIW , 1 i� E m m ~ W Q � m �- vdi finis b O Z OLU y uY n m z 2 mg Ida *ua air, 8 W O r a cc w d .—z Pembroke Square Associates, LLC Agenda Item 13 page 20 of 28 Proposed „ ' , / ƒddno80 . HRUd 3N 8 81/43 R3V4 do22O3Sn-03 ,Xw Q Q ƒ v ƒ � « . ..., ,... � — � \ . / . g; ? : < 262 _��- � ---- ---- • @ T | 2 $ ( TIT k Uj / | ( z .. 7 o § .%-� :z\ �$k K § �\ §«;\ zLU ( it ) /! § r ' - z § | Pembroke Square Associates, LL Agenda Ite m 13 page 21 of28 � ! 4 Algoma i i i i Pembroke Square Associates, LLC Agenda Item 13 page 22 of 28 PhotosSite i ��4 d r ..ar Pembroke Square Associates, LLC Agenda Item 13 page 23 of 28 Disclosure Statement CITY OF V Disclosure VIRGINIA B_ BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this faun is required for all applications that pertain to City real estate matters onto the development andlor use of property in the 04f 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 Pembroke Square Associates,LLC Is Applicant also the Owner of the subject property? YeseNcio If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noo If yes, name Representative. Ramsay Smith Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo If yes,list the names of all officers,directors, members,or trustees below AND businesses that have a parent-subsidiary'at affiliated business entity I relationship with the applicant,(Attach list if attached list_ Doesthe 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 subledlanderoW proposed development contingent an the subject public action? Yes }lol If yes,name the official or employee,and describe the mature 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.) Savla YES NO SERVICE PROVIDER (Nome entity and/'tor in ivi ua Financing(mortgage,deeds of trust, 0 ,Moss-collateralization,etc.) Real Estate Broker/Agertt/Realtor 0 0 Disclosure Statement I rev. M a V-2024 page I of 3 Pembroke Square Associates, LLC Agenda Item 13 page 24 of 28 SECTIONDisclosure Statement APPLICANT DISCLOSURE continued s�RVICE YES _mNo__ _ SERVICE PROVIDER (Nome entity andlor individual Accounting/Tax Return Preparation 0 Architect/Designer,/Landscape @ o Cox Kiiewer Architect/Land Planner r� Construction Contractor 4✓ Engineer/Surve o�rJ nt Kimley-Horn Legal Services APPLICANT CERTIFICATION READ:I certify that all Information contained In this Form is complete,true,and accurate.iunderstand 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. Frederick J. Napolitano Applicant Name(Print) ��s Apiicant pP -natur-e__.`� Cate 9'Parent-subsidiary relationship"means qa 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 businesa entity relationship"means'a relationship,other than pare,nt•subsidiory relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h) a controlling owner in one entity is also a controlling owner in the other entity,or(id)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an offilloted business entity relationship include that the some person or substantially the some person own or manage the two entities,there are common or commingled funds or assets,the business entities shore the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis,•or there is otherwise a close worsting relationship between the entities."See State and Local Government Conflict of Interests Act Vo.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date); April 29, 2026 Lam Aril29. 2026e Harrington 60� P Staff Names(Print) Staff Signature Date Disclosure Statement I rev_ May-2024 fake 2 of 3 Pembroke Square Associates, LLC Agenda Item 13 page 25 of 28 Disclosure SECTION 2-. PROPERTY OW DISCLOSURE PROPERTY OWNER INFORMATION Prop"Owner Name: as listed on application Pembroke Square.Associates, LLC TP Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yese• Noo If yes,list the names of all officers,directors, members,or trustees below AND businesses that have a parent subsidrary�a garoffilicateal hrasintss entity relotonshi with the a licont.(Attach list i necessary.) ___._ See attached list, _ Does the subject property have a proposed or pending purchasers? Yes 0 No If yes, name proposed or pending purchaser, KNOWN INTEREST BY PUBLIC OFFICIAL OR FMPI_0YEE 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 ernploreec,and describe ME ntrttrre ca their irtteresc. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner mast 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-—N—O _.SERVICE PROVIDER j �_____ (111ttme enti andr*ar indi�idittrl;M Financing(mortgage,deeds of trust, � crass-collateralization,etc.( Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 G Architect/Designer/Landscape 6) Cox Kliewer Architect/Land Planner' �'•' Construction Contractor Engineer/Surveyor/Agent Kimley Hom Legal Services 0 _ PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, tare,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I aria 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. Frederick J. Napolitano 1� "� 1 7 l�0 a to Property Owner!Name(Print) Property Owner Signatur � Date �a Disclosure Statement 1 rev. May-2024 page 3 of 3 Pembroke Square Associates, LLC Agenda Item 13 page 26 of 28 Disclosure Statement Pembroke Square Associates,LLC Shenandale Associates, LLC,Vincent R.Olivieril,Manager Blue Ridge Associates of Virginia,LLC,Vincent A, Napolitano,Operating Manager Vincent A. Napolitano,Frederick J.Napolitano 11 and John C. Napolitano as Trustees of the Irrevocable Trust Agreement,dated as of January 30, 2002,creating the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Vincent A. Napolitano Vincent A. Napolitano, Frederick J. Napolitano 11 and John C. Napolitano as Trustees of the Irrevocable Trust Agreement,dated as of January 30, 2002,creating the Frederick J.Napolitano Irrevocable Trust-2002 for the Benefit of Theresa Napolitano Hudgins Vincent A. Napolitano,Frederick J. Napolitano 11 and John C. Napolitano as Trustees of the Irrevocable Trust Agreement, dated as of January 30, 2002,creating the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Frederick J. Napolitana, 11 Vincent A. Napolitano,Frederick J- Napolitano 11 and John C. Napolitano as Trustees of the Irrevocable Trust Agreement, dated as of January 30, 2002,creating the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of John C. Napolitano Frederick J. Napolitano Irrevocable Trust-2002 For the Benefit of Vincent A.Napolitano, Member Frederick J.Napolitano Irrevocable Trust-2002 For the Benefit of Theresa Napolitano Hudgins, Member Frederick J. Napolitano Irrevocable Trust-2002 For the Benefit of John C. Napolitano, Member Frederick J. Napolitano Irrevocable Trust-2002 For the Benefit of Frederick J. Napolitano,11, Member Marc Associates, LLC,John E.Glivieri,Manager or Michael V.011vieti,Manager Emilio Olivier!Family Company No.2 LLC,John E.011livierl,Member Pembroke Square Associates, LLC Agenda Item 13 page 27 of 28 • 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. Pembroke Square Associates, LLC Agenda Item 13 page 28 of 28 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #13 Pembroke Square Associates, LLC Recommendation: RECOMMENDED FOR INDEFINITE DEFERRAL Discussion Clerk: Our next item is Item 13, Pembroke Square Associates, LLC. Mr. Ramsey: Good afternoon, Commissioners. Thank you for your time and consideration. I'm actually only -- couldn't work out two little items in my own application for modification. And there are two of them. The first one is the consideration of the verbiage of one of my conditions. Where it says, if the eastern ground floor facade faces any private and/or public sidewalks or streets, it should comply to the form-based requirements. And this is obviously down the road, that's if Kohl's gets demolished. The only part of this I'm asking you to consider removing is "private and/or," and leave it at "public" because it doesn't really consider two things. One is a partial demolition of the Kohl's building, wherein that facade of the new building that we're proposing to build would not face a public street or public sidewalk. But it would face,potentially, if I partially demolish the building, it would face a private -- which it would be, potentially, another -- it would be another property owner burdening one or the other in some future period of time. So I'm just asking to remove "private and/or." I don't mind protecting the public from transparency issues that may change or may not change. I don't know. But I'm willing to live with the public streets and sidewalks. The second one was -- I believe there's a--I didn't finally get the last read on that--but there's a condition that they want all of my sidewalks, my new sidewalks, to be six feet or more, at least six feet. Five feet, they say, is for ADA purposes. One of my sidewalks that we wanted to do was actually --we have a flag lot that's about to be produced and it goes out to Constitution Avenue. If I put a sidewalk from the sidewalk at the light, the traffic signal, all the way back to the property, I don't have six feet actually to put it in there. Number two, six feet would probably eliminate a lot of trees that, when we developed the Kohl's building, they actually wanted those trees in there so that nobody looked at the loading dock and trash area for Kohl's. So I don't want to take those trees down. So I was asking them to limit it to five or three feet. All of the sidewalks along Constitution are public, excuse me, and they're three feet wide. Those are the only two considerations I'd like your consideration on,two changes. Ms.Alcock: Chair, if I could make one point of clarification. As it's currently written,we did not increase the sidewalk width to 6 feet. So as it's in your packet, it is a max of 5 feet in width. Mr.Ramsey: Okay. I'd like to get it at three,but if I can't get it at three,five will work. I'll figure it out. Mr. Camp: Mr. Ramsey, thank you for your patience and waiting for your turn in the agenda today. There's a little bit of a misunderstanding about this item related to condition 5 with the sidewalk. I asked a question at the site tour, and since I asked it, let me just say it straight to you, because, like telephone, it may have migrated a little bit. All that I asked was the minimum width required in the application now is 5 foot. That's consistent with the Public Works Design Standards Manual. That manual is being revised to meet more contemporary standards. This particular overall development includes a senior living facility. It includes a lot of different uses. And the question at the site visit was, for some of the higher utilization sidewalks -- not all of the sidewalks -- would there be an interest by the developer in potentially exceeding the five foot? In other words,to take note of some of the types of traffic in some parts of the development and not just do the minimum. That was the nature of the question. It wasn't to increase requirements on you. Mr. Ramsey: Oh, I got you. Yeah, we do that now, actually. We do that in front of the retail. The sidewalks in front of the--and Funny Bone,for example,are more like 20 feet. I mean,there's areas that we obviously accommodate more pedestrian traffic than less. I would not say that, like the sidewalk I was referring to,that we're willing to put in out to Constitution to connect that right- of-way sidewalk -- I don't expect a lot of people using that -- coming from, you know, I mean, maybe they'll use it to go to— Mr. Camp: Well, there's a fence across the street over there, so I don't expect to come up the fence to come use your sidewalk, but that was the nature of the request. Just as a general conversational point, are you amenable to looking over your site plan as it develops and looking for those high traffic areas or the areas that may be frequented by seniors? And that is where we do have the passing width issue, where six feet is the modern standard for two people in mobility devices or wanting somebody else to pass each other. Is that something that you would take into consideration? Mr. Ramsey: Yeah, so we actually thought about that during the senior living. We didn't have a really good path at that point in time. Just for your information,I haven't forgotten about that. We obviously -- the seniors walk over to Fresh Market, so I've seen them there at lunchtime. But there's still some paths, pedestrian paths, that I'd like to implement. Sometimes, so in that case, I think I have to wait till my phase five. Sure. Phase four is to the city at this point in time. That's not going to solve that one, but my phase five would potentially solve some of the pedestrian interactions. We obviously want it to be pedestrian friendly. Mr. Camp: Right, and that's the idea, because we don't have the benefit of public sidewalks because you're set back so far from the street. It's really private walkways that you're creating. And you've heard us that every month we're talking about this, to do exactly what you said, to make the city a little more walkable, a little more easy to navigate for those who have mobility devices, and that's the spirit of the question. Mr. Ramsey: Okay. Thanks. Ms. Schoonover: I just want to move to approve it. That's all. Mr. Cuellar: I just wanted to reread to you your request about removing of the word "private" to make sure that we understand and that we vote accordingly. And so,just for clarification, this is condition number 8. "In the event the existing Kohl's anchor building is demolished, the ground floor facade facing any public sidewalks or streets shall comply with the form-based requirements of the CBC district." Mr. Ramsey: Correct. Ms. Cuellar: Okay. Thank you. Ms. Byler: Mr. Chair. For reasons indicated in a letter to the city attorney, I will abstain from any comment or vote on this matter. Mr. Plumlee: Same here. Ms.Alcock: I'm sorry, if I can just make another point of clarification with regards to Condition 8, there was different wording that was sent out in the supplemental package that included the language that it would be within 3 years of the Kohl's being demolished. So putting it— Mr. Ramsey: that's at the very end, by the way,that there's no change other than— Ms. Alcock I just want to be clear when we're making the motion how the condition will read. Mr. Camp: Mr. Chair, I have one question of staff at the appropriate time. Mr.Coston: Well,probably trying to get that together down there. Go ahead and ask the question. Mr. Camp: I have one question for staff at the appropriate time, and I'm now told it's the appropriate time,with regard to the proposed change,deleting the word"private." If someone from staff could give us any comment or opinion you have on that. The staff report anticipates both public and private. Could you just speak to the proposed modification? Ms. Sabo: The staff was -- the condition was originally worded in that way to allow -- our intention is for this to be developed in the same way that Town Center is, with the sides that are facing public streets to meet the form based code. And so it's worded in that way, because we're not 100%sure which streets will be public versus private,but we want the facade to meet the form- based code requirements regardless of if there's a street that ends up being public or private. That is staff s preference. Mr. Camp: If I may,you used the word "street." Did you mean "sidewalk"? Ms Sabo: If the Kohl's is torn down, right,then it would be, I believe, a street or a sidewalk. Mr.Camp: Okay,because at the site visit,I asked the question,would there be any interior streets on this development? And I was told no. So I don't understand the reference to the streets on the inside. Ms.Harrington: Hello,Laine Harrington,Planner with the Zoning Administration. So the form- based code references form-based requirements, and mainly for this instance, we're talking about transparency and blank wall. And those requirements reference any facade adjacent to a street, and in our definition of a street, that includes public and private streets. So the intent, really, the requirements would be applied in any scenario of public or private. But the condition was written to be specific so that it was clear. If the property that Kohl's is on is redeveloped, then it would still need to meet the requirements that are in place at the time or that are in place currently. Mr.Camp: But there are no private streets. So take --and it sounds like there's no intent to create private streets. So taking out a requirement related to private streets sounds harmless. Is that correct? Ms. Harrington: We're not aware of any streets going in between that edge of the building and what would be on the Kohl's property in the future, but in the instance that there would be -- if there was a street or another mixed use building put next to it -- we're not aware of any part of phasing for that property. But if there was,we would want--or the code intends for those standards to be applied, whether or not it's public or private. Ms. Alcock: And the condition also speaks to streets and/or sidewalks, is how the condition is written. Mr. Ramsey: So, yeah, they explained that to me. I understand their perspective. I think this comes down to what is going to be the burden in the future for unknown circumstances. And then it will be two different private parties that are negotiating. The reason we have non-transparency on the first floor, quite frankly, is because we're going to build a separation wall for fire code purposes, right? So if the Kohl's building were torn down completely, obviously that would trigger this. But if I didn't-- it now affects, it potentially could affect -- what you're saying is I have to put green area there, potentially, right? Or, if I even put a sidewalk in, this would trigger it. For what purpose, I'm not exactly sure if it doesn't face a public right-of-way street or public sidewalk. So I'm just asking for relief from private interactions between a future owner and another owner, because they're going to be two different owners. Ms. Hippen: Okay, I want to make sure I understood your explanation. You said that this was the POG,correct? The language that is in the supplement that says "private and/or public" is code. Ms. Harrinton: That's not the way it's written in the code word for word, but we'll talk about transparency. The transparency requirement refers to a building facade adjacent to a street, and the definition of street includes public and/or private streets. And so the western facade of this building faces the open green space area and the Funny Bone Comedy Club -- that whole area is considered a private street because it's not maintained by the city. It's not owned by the city, but it allows for cars to pass through and there are sidewalks for people to travel on. Ms. Hippen: Okay, so in the ordinances the definition of street is public or private. Ms. Harrington: Yes. Ms.Hippen: Therefore,this is not something that we can change. That's what I'm understanding. Madam Attorney? Ms. Eisenberg: I mean, you can word the condition however you would like to word the condition. Ms. Hippen: That's not what I'm asking. Ms.Eisenberg: Well,that is what you're asking. You're asking if you can change the wording of the condition or if you have to use the wording as currently suggested by staff. The commission can choose to word the condition however they would like. Ms. Hippen: Okay, but my question is, in the ordinance, the definition of street is public or private. So they took and said, instead of just "street," they took the definition of a street and inserted it. I can avoid-- so, is that not-- is that the same as the code or the ordinance? Ms. Eisenberg: Yes, so it would have the same effect in enforcement in the future, but you can choose how you would like the condition worded on the permit. Ms. Hippen: But if we take one of those "and/or"s out, are we still the same definition? Ms. Eisenberg: Well, if it said specifically "public street," then that would take out "private." If you said "street," then it would revert back to the definition of street, which would be private or public. Ms. Hippen: Okay, that's what I was asking. So whether it's worded "street" or whether it's worded "public and/or private," that's what the ordinance says. So we can -- if we take it out, we are taking out part of the ordinance. If we take out "private," we are taking out part of the ordinance. Am I correct? Ms. Eisenberg: If you take out "private," it would not mirror what's currently in the ordinance, but they would still not be required to retroactively change the facade of their building in the event that it was facing a private street. Because this is a future condition. Ms. Harrington: By changing the condition, you're not changing the code. The code will still read the same way. Ms. Hippen: So does that hold him liable to -- or whoever the owner is at that time -- if we take "private" out of this wording, out of this condition, then it comes forward that the building is removed and it is facing a private street. Is whoever the owner is at that time still liable? Ms. Eisenberg: No, as long as it says "public street" in the ordinance. So if the only words that are being removed are "private and/or," so it just says that in the event it's facing a public street, then it would only be in the event that it's facing a public street. If you were to remove "private and/or public," and it just were to say facing a street generally, then it would revert back to the definition of street, which would be public and private. But if you have that qualifier of"public street" in the condition,it would not require any changes to the facade in the event that the building is demolished and it were to be facing a private street. Mr. Ramsey: Okay, one more thing. So I think we may have come up with a compromise, and I don't know where you guys are with what you're thinking. Leave it "private and/or public." Take out the word "sidewalk," because that's not -- I don't think that's part of the ordinance. So if you took out the "sidewalk," if I put in a private street, okay, then transparency probably means something,right? So it's going to burden one of the two owners at some point in time in the future. I don't know what it's going to be. But if I decide to put a street in there,that would be the condition that I could accept where it would trigger this compliance, but I want the flexibility. So if I put green area and a sidewalk in, all I did was separate the building so I could do something more creative. And then I don't necessarily have to --I could put a mural up there. I mean, there's a ton of other things that I can probably do besides start opening it up for, you know, windows or something like that. Which, with windows into the parking area, is another whole -- discussion-- but which doesn't quite make sense. But if you got, it's either "private and/or" or remove "sidewalks." And I think we're fine with that. Ms. Harrington: Yes. Just removing the word "sidewalks." We agree to that. Staff agrees to that. Ms. Schoonover: Okay. So just that--I'd like to make a motion if I can. I move that we approve this project with the removal of the word "sidewalks" in condition 8. Ms. Hippen: Second. Mr.Coston: Okay. It has been moved by Commissioner Schoonover,seconded by Commissioner Hippen,that we pass this item. Clerk: The vote is open. I recorded a vote of 7 to 0, with 2 abstentions from Vice Chair Byler and Commissioner Plumlee, item 13, Pembroke Square Associates LLC has been recommended for approval as modified. Vote Tall Commission Member AYE # NAY # ABS # ABSENT# Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorjani Ix Mauch X Conditions 1. The site shall be developed in substantial conformance with the conceptual site plan titled "CBC District Alternative Compliance Exhibit," dated March 19, 2026, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. The mixed-use building shall be developed in substantial conformance with the elevations, renderings, and floor plans titled "The Pembroke," dated March 19, 2026, and prepared by Cox Kliewer& Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 3. All mechanical equipment shall be indoors or screened from view if located on the building's rooftop. 4. The site shall provide, at a minimum, a total of 15 bicycle parking spaces that can be accessed by patrons of the commercial tenants. 5. All private sidewalks shall maintain a minimum width of 5 feet, as stated in the Virginia Beach Public Works Design Standards Manual. 6. All signage shall be in substantial conformance with the CBC Design Guidelines. Applicable sign permitting shall be received from the Department of Planning and Community Development prior to the installation of any sign. 7. The openings on the north fagade of the parking garage shall be designed and installed so that headlights from parked vehicles within the garage are shielded from view. 8. In the event the existing adjacent Kohl's anchor building is demolished, if the eastern ground floor fagade faces any private and/or public_[begin strikethrough] [end strikethrough] streets, it shall comply with the form-based requirements of the CBC District in place at the time of this City Council approval. The facade shall be brought into compliance no later than 3 years after demolition is completed. 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) �A BEACH BwD � ,t GIN r-�J Z -o n -n i� R(S i o�-%a ) m 0'R EM site Jason Scott Trombly Q Zoning 213 16th Street Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 4/15/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JASON SCOTT TROMBLY [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 213 16t" Street (GPIN 24271678310213). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: May 19, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a three-bedroom condominium unit in the Seahorse Cove Condominiums located 213 16t" Street. A zoning complaint was received by staff in 2021 for the operation of a Short Term Rental within the subject unit without a Conditional Use Permit or Short Term Rental Zoning Permit; however, staff was unable to find evidence of short term rental activity or otherwise corroborate the complaint. The site is not currently advertised, and the last known documented stay was September 10, 2020. ■ Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental within the Seahorse Cove Condominiums. The site has a one-car garage, and there are two parking spaces designated for the unit, 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 Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On April 8, 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 following conditions shall only apply to the dwelling unit addressed as 213 16th 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. Jason Scott Trombly Page 2 of 4 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 physically 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. Jason Scott Trombly Page 3 of 4 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, 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 Jason Scott Trombly Page 4 of 4 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. Submitting Department/Agency: Planning Department 01 City Manager: 14� Agenda Item 14 Applicant & Property Owner:Jason Scott Trombly Planning Commission PublicApril 8, 2026 CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation —' Approval "` "`"s` c saa L Staff Planner 14� Alexis Bailey Location 213 16th Street tl GPi/Y 1 S rL}j i�'�6SHSZ S S ^ eta 24271678310213 J- site Size _rl� 26,500 square feet A/CUZ N3 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District 'III Row homes, retail/OR Oceanfront Resort s '' Surrounding Land Uses and Zoning Districts North Eating and drinking establishment, retail /OR Oceanfront Resort South 161" Street Commercial parking lot/OR Oceanfront Resort East Eating and drinking establishment, retail/OR Oceanfront Resort West Pacific Avenue Retail, multiple-family dwellings/OR Oceanfront Resort Jason Scott Trombly Agenda Item 14 page 1 of 14 Background SummaryofProposal • The 26,500 square foot mixed-use property is zoned OR Oceanfront Resort District and contains 10 residential condominium units and one retail suite. • According to City records, this three-bedroom row home was constructed in 2010. • Staff inspected the site on February 18, 2026 to observe site conditions and take photographs for this report. • While on-street parking is prohibited along Pacific Avenue in this area, on-street metered parking is available along this portion of 16th Street,to the south of the site.Therefore, any overflow parking beyond the minimum parking spaces required could occur within 16th Street. • A Zoning Complaint was received by staff in 2021 for the operation of a Short Term Rental within the subject unit without a Conditional Use Permit or Short Term Rental Zoning Permit; however, staff was unable to find evidence of short term rental activity or otherwise corroborate the complaint. • 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 February 9, 2026, is shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 10, 2020 No Jason Scott Trombly Agenda Item 14 page 2 of 14 i I I Short Term Rentals in the Vicinity , j h tt ' — i 9Y �—✓ems � I —� �fiiX�"H �,". — iI } iS1 l- -T I � , I 1 I , , r t gmt Term Rentals 0 STIR Perrnft(5) Jason Scott Trombly Agenda Item 14 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: 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 Jason Scott Trombly Agenda Item 14 page 4 of 14 HistoryZoning # Request y 1 CUP (Short Term Rental) Approved 07/06/2021 z � 2 ALT Approved 08/18/2015 CUP(Enlargement of Church/School)Approved y o (STIR-OR) 05/09/1995 2 3 REZ Approved 11/09/2004 y� CUP(Church and Accessory Uses)Approved 11/09/2004 16�St 1 OR(STR-OR) Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.•Alternative Compliance Evaluation • • • The subject property lies within the Resort Area of the oceanfront. Specifically, the proposed Short Term Rental is located within the Seahorse Cove Condominiums.The entire site includes one retail use and 10 residential condominium units. The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, commercial parking lots, amusements, and bars/restaurants. The subject dwelling sits approximately 550 feet from the public beach of the Atlantic Ocean. The three-bedroom Short Term Rental is required to have three off-street parking spaces. The site has a one- car garage and there are two parking spaces designated for the unit, thereby satisfying the parking requirement. In addition, the other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 213 16th Street, and the Short Term Rental use shall only occur in the principal structure. Jason Scott Trombly Agenda Item 14 page 5 of 14 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. Jason Scott Trombly Agenda Item 14 page 6 of 14 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. Jason Scott Trombly Agenda Item 14 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, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Jason Scott Trombly Agenda Item 14 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 March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Jason Scott Trombly Agenda Item 14 page 9 of 14 Site Layout Parking Plan + One-car garage , s 1 Two assigned �- parking spaces n ® 4 r i t Jason Scott Trombly Agenda Item 14 page 10 of 14 Site Photos ]ER v _ A > a a _ -.w 4 r } sRw G � w Jason Scott Trombly Agenda Item 14 page 11 of 14 Disclosure Disclosure StatementVIRGINIA BEACH The disclosures contained in this form ore necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia 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 Jason Trombly Is Applicant also the Owner of the subject property? Yes@ No_o' if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3), Does Applicant have a Representative?YesO NOO if yes,name Representative. Estrella Varela Licensed Realtor 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 z relationship with the applicant.(Attach list if necessary.) E7 Does the subject property have a proposed or pending purchaser? Yes 0 No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(�) If yes,name the official or employee,and describe the nature of their interest. F -------------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,t O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © Estrella Varela liicensed realtor Property Manager Disclosure Statement I rev. May-2024 _ page 1 of 3 Jason Scott Trombly Agenda Item 14 page 12 of 14 Disclosure AMpn ID ARQP/M-6Tm-c111A*0&.3*0CaM;TVA SECTION • • • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent I 0 0 i Legal Services 0 I 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. Jason Trombly Aroh Tro;,,Ny 02l18/26 Applicant Name(Print) Applicant Signature Date 1"Parent subsidiury relationship"means`a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Cade§2.2-3101, 'Affiliated business entity relationship"means"a relationship,other than parent-subsidiory relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is 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): 4/29/2026 Alexis Bailey Tl/ei�4 ���i��ii, 4/29/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Jason Scott Trombly Agenda Item 14 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. Jason Scott Trombly Agenda Item 14 page 14 of 14 STIR VICINITY MAP JASON SCOTT TROMBLY r 4 s' {TRH S� 4t t - r -- , , t t � S i e v e Y S r Short TerTiIi Rentals 0 STR Permits(5) Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #14 Jason Scott Trombly Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: Then the next item is agenda item 14. Is there a representative here today to speak on this? Good afternoon. Please state your name for the record. Ms. Varela: Yes, ma'am. My name is Estrella Varela. I'm representing Jason Scott Trombly. Ms. Byler: Are the conditions acceptable to you? Ms. Varela: 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 Schoonover to read it into the record. Ms. Schoonover: The applicant, Jason Trombly, is seeking a conditional use permit for a short- term rental at 213 16th Street. This is a reasonable request and hearing no objection, this application is placed on the consent agenda. Ms.Byler: Thank you, Commissioner Schoonover. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1,3, 5, 12, 14, 15, and 16, and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 213 16th 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. z OR(STR-OR) �Ik �G t� OR OR(STR-OR) OR(STR-OR) ® site Mid-Atlantic Property Holding, LLC Q Zoning 4005 Atlantic Avenue, Suite 101 0 Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 4/15/2026 ��A B CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MID-ATLANTIC PROPERTY HOLDINGS, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Suite 101 (GPIN 24280514483750). COUNCIL DISTRICT 6 (Remick) MEETING DATE: May 19, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom unit in the Oceans II Condominiums located at 4005 Atlantic Avenue, Suite 101. Two prior zoning complaints were received by staff, one in December 2021 and another in February 2024, both for the operation of a Short Term Rental within the subject unit without a Conditional Use Permit or Short Term Rental Zoning Permit; however, staff was unable to find evidence of short term rental activity or otherwise corroborate the complaint. The site is not currently advertised, and there are no prior documented stays. ■ Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental within the Oceans II Condominiums. Short Term Rentals are prevalent on this property with a total of 15 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in one of the condominium's two off-site parking lots. All 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 April 8, 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 following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 101, and the Short Term Rental use shall only occur in the principal structure. Mid-Atlantic Property Holdings, LLC Page 2 of 5 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. 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 Mid-Atlantic Property Holdings, LLC Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 Mid-Atlantic Property Holdings, LLC Page 4 of 5 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. ■ 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. Mid-Atlantic Property Holdings, LLC Page 5 of 5 Submitting Department/Agency: Planning Department City Manager:/61�) Agrenda Item 15 Applicant & Property Owner: Mid-Atlantic Property Holdings, ILLC Planning Commission ' • April 8, 2026 CouncilCity District: Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation A J�Z �S YI,,s Approval ? fit' � 1D cnvw'�ajE k � � il p Staff Planner Alexis Bailey LocationAN il'0 _ 4005 Atlantic Avenue, Unit 101 pF GPIN z 24280514483750 Site Size 14,500 square feet A/CUZ - 70-75 dB DNL Watershed _ Atlantic Ocean Existing land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings/OR Oceanfront Resort South 40th Street Hotel /OR Oceanfront Resort AotH sT East Public beach /OR Oceanfront Resort West Atlantic Avenue Multi-family dwellings/OR Oceanfront Resort Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 1 of 15 Background SummaryofProposal • This 14,500 square foot parcel contains the Oceans II Condominiums and is located in the Oceanfront Resort District • According to City records, the Oceans II Condominiums include 42 condominium units constructed in 1976. However, a portion of the building, previously operated as a motel, was constructed in 1956. • Staff inspected the site on February 18, 2026 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • Two prior zoning complaints were received by staff, one in December 2021 and another in February 2024, for the for the operation of a Short Term Rental within the subject unit without a Conditional Use Permit or Short Term Rental Zoning Permit; however, staff was unable to find evidence of short term rental activity or otherwise corroborate the complaint. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of February 9, 2026, is shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 2 of 15 t T xf Ak n h .Short Term Rentals in the Vicinity ", i - sq 3 Shoe Terra Rentals �TFt Pemits(25) Mid-Atlantic Property Holdings, LLC Agenda Item 15 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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 4 of 15 HistoryZoning # Request CUP (Short Term Rental) Approved 02/04/2025 CUP (Short Term Rental) Approved 05/16/2023 ` CUP (Short Term Rental) Approved 10/18/2022 ©R(STR-OR) CUP (Short Term Rental) Approved 07/12/2022 CUP(Short Term Rental) Approved 06/07/2022 CUP (Short Term Rental) Approved 05/17/2022 CUP (Short Term Rental) Approved 03/01/2022 94 1 CUP (Short Term Rental) Approved 11/17/2020 CUP(Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 4orwst CUP (Short Term Rental)Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 OR(STR-OR) CUP(Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental)Approved 02/04/2020 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 one-bedroom Short Term Rentals at 4005 Atlantic Avenue, Unit 101. The proposed Short Term Rental unit is located in the Oceans II Condominiums, directly adjacent to the public beach, and at the northern terminus of the boardwalk, where short term rental use is to be expected. Fifteen Short Term Rental Conditional Use Permits have previously been approved on the property. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round resort and will enable the Resort Area to become a more walkable community.Thus, the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. There are two off-site parking lots nearby dedicated to Oceans II Condominiums, as shown on the parking plan provided in this report. The applicant has one assigned parking space in the parking lot, fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 5 of 15 Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 101, 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. Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 6 of 15 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 Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 7 of 15 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, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Mid-Atlantic Property Holdings, LLC Agenda Item 15 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 March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 9 of 15 LayoutSite F f r i, � t Cry of Virafnia Beach Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 10 of 15 Site • • s ix e_ e ii � � w � Fµ +%s i lY 1 'rS till" '�5. a `r� k e �_ . . . �• _ � �° Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 11 of 15 4 k(-1.10 Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 12 of 15 Disclosure ® 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. APPLICANTSECTION 1: DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Is Applicant also the Owner of the subject property? Yeso Noo If no,Property Owner must complete SECTION(r PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes SQt Noc% l� If yes,name Representative: LAC��Cl � G-Is Applicant acorporation,partnership,firm,b siness,trust or incorporated 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.) l Does the subject property have a proposed or pending purchaser? Yes 0 No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yes©N. If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ (Nam_e entity and/or individual) Financing(mortgage,deeds of trust, © cross-collateralization,etc.) y Real Estate Broker/Agent/Realtor o Disclosure Statement I rev. May-2024 page 1 of 3 Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 13 of 15 Disclosure SECTIONAPPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent O Legal Services Q �} APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate,I understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or com ittee in connection with this application. Applicant Name(Print) App i ant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 4/28/2026 Alexis Bailey /P�il, l����l 4/28/2026 Staff Name(Print) Staff Signature Date r Disclosure Statement I rev. M a y-2024 page 2 of 3 Mid-Atlantic Property Holdings, LLC Agenda Item 15 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. Mid-Atlantic Property Holdings, LLC Agenda Item 15 page 15 of 15 STIR VICINITY MAP MID—ATLANTIC PROPERTY HOLDINGS, LLC a 1 n iw v Short Term Rentals �; rj 5TR hermits(Zsti Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #15 Mid-Atlantic Property Holdings, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item is item number 15. Is there a representative here to speak on this? Good afternoon, sir. Please state your name for the record. Mr. Grace: Hi, good afternoon. My name is Brian Grace. Ms.Byler: Thank you, Mr. Grace. Are the conditions acceptable to you? Mr. Grace: Yes,ma'am. Ms. Byler: 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 it into the record. Mr. Plumlee: This is an application by Mid-Atlantic Property Holdings, LLC for a conditional use permit for short-term rental at 4005 Atlantic Avenue, Unit 101. The conditions of our zoning ordinance have been met. It's received a recommendation for approval by planning staff. Therefore, the Planning Commission, since there was no objection from the public, has placed it on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1,3, 5, 12, 14, 15,and 16, and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and i second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1, 3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 4005 Atlantic Avenue, Unit 101, 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. k R(STR-OR) OR OR(STR-O)R) QQTH ST �, l OR(STR-OR) EM site Thomas Glen Davis and Nancy Rodio Davis E= Zoning 4005 Atlantic Avenue, Suite 205 Property Polygons s Feet 0 15 30 60 90 120 Map created by Planning Department on 4/15/2026 �FCNs,y"Cy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS GLEN DAVIS AND NANCY RODIO DAVIS [Applicants] THOMAS GLEN DAVIS [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Suite 205 (GPIN 24280514483970). COUNCIL DISTRICT 6 (Remick) MEETING DATE: May 19, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom unit in the Oceans II Condominiums located at 4005 Atlantic Avenue, Suite 205. A zoning complaint was received by staff in 2021 for operation of a Short Term Rental within the subject unit without a Conditional Use Permit or Short Term Rental Zoning Permit; however, staff was unable to find evidence of short term rental activity or otherwise corroborate the complaint. The site is not currently advertised and there are no prior documented stays. ■ Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental within the Oceans II Condominiums. Short Term Rentals are prevalent on this property with a total of 15 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in one of the condominium's two off-site parking lots. All 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 April 8, 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 following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 205, and the Short Term Rental use shall only occur in the principal structure. Thomas Glen Davis and Nancy Rodio Davis Page 2 of 5 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. 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 Thomas Glen Davis and Nancy Rodio Davis Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 Thomas Glen Davis and Nancy Rodio Davis Page 4 of 5 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Thomas Glen Davis and Nancy Rodio Davis Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department f City Manager: � � Agenda Applicant: Thomas Glen Davis and Nancy Rodio Davis Property •wner:Thomas Glen Davis Planning Commission • April 8, 2026 V_B' CouncilCity • '- Project Details Request Conditional Use Permit (Short Term Rental) t �43�st Staff Recommendation v Approvalr� Staff Planner � �� Alexis Bailey Location 4005 Atlantic Avenue, Unit 205 �N L4 = o\ , aye GPIN 24280514483970 r f �Q �� y � Site Size 14,500 square feetAICUZ 70-75 dB DNL Watershed ��� i ,•�y� �, Atlantic Ocean li Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort '_ Surrounding Land Uses and Zoning Districts North ` Multi-family dwellings/OR Oceanfront Resort South 40th Street Hotel/OR Oceanfront Resort East Public beach/OR Oceanfront Resort West Atlantic Avenue Multi-family dwellings/OR Oceanfront Resort Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 1 of 16 Background SummaryofProposal • This 14,500 square foot parcel contains the Oceans II Condominiums and is located in the Oceanfront Resort District • According to City records, the Oceans II Condominiums include 42 condominium units constructed in 1976. However, a portion of the building, previously operated as a motel, was constructed in 1956. • Staff inspected the site on February 18, 2026 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • A zoning complaint was received by staff in 2021 for operation of a Short Term Rental within the subject unit without a Conditional Use Permit or Short Term Rental Zoning Permit; however, staff was unable to find evidence of short term rental activity or otherwise corroborate the complaint. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit before operating. • Known Short Term Rental activity as of February 9, 2026, is shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 2 of 16 x _. 4 f r. i. • 'a i r s Y Short Term Rentals in the Vicinity 40 Short Terri Rentals 3 r. .a R Aernit5 Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 3 of 16 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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Thomas Glen Davis and Nancy Rodio-Davis Agenda Item 16 page 4 of 16 Zoning History # Request CUP (Short Term Rental)Approved 02/04/2025 CUP(Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 10/18/2022 OR(STR.01t) CUP (Short Term Rental) Approved 07/12/2022 y CUP (Short Term Rental)Approved 06/07/2022 , CUP(Short Term Rental) Approved 05/17/2022 CUP(Short Term Rental) Approved 03/01/2022 74 1 CUP (Short Term Rental) Approved 11/17/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 5� CUP(Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 OR(STR-OR) CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental)Approved 02/04/2020 CUP (Short Term Rental)Approved 02/04/2020 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 one-bedroom Short Term Rentals at 4005 Atlantic Avenue, Unit 205. The proposed Short Term Rental unit is located in the Oceans II Condominiums, directly adjacent to the public beach, and at the northern terminus of the boardwalk, where short term rental use is to be expected. Fifteen Short Term Rental Conditional Use Permits have previously been approved on the property. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round resort and will enable the Resort Area to become a more walkable community. Thus, the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. There are two off-site parking lots nearby dedicated to Oceans II Condominiums, as shown on the parking plan provided in this report. The applicant has one assigned parking space in the parking lot, fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 5 of 16 Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 205, 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. Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 6 of 16 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 Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 7 of 16 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. Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 8 of 16 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 9, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 25, 2026 and April 1, 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 March 23, 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 April 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 5, 2026 and May 12, 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 May 4, 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 May 15, 2026. Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 9 of 16 Site Layout & Parking Plan .tz m �' ems`," - �• � g 4 r Oman 1 < I �g V E J k W x, s ', Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 11 of 16 ,10 OL EMCEE= �Y a=- '; <> x c} 7-4 a , kr .t t9 r ".11111HIAR 4 '� ..,;•'�>b A > �' � � "«ate ,-;*" `„' Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 12 of 16 Disclosure Statement Disclosure VIRGINIA 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 forall applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Councit boards, commissions, or other bodies. APPLICANTSECTION 1: APPLICANT INFORMATION Applicant Name: as listed an application Thomas Glen Davis and Nancy Rodio Davis Is Applicant also the Owner of the subject property? Yes( No0 If no,Property Owner must complete SECTIO//N��^^2:PROPERTY DINNER DISCLOSURE(page 3). Does Applicant have a Representative?Yest�Nat,! If yes,name Representative; Nancy Rodio Davis Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes©No(S) 1'yes,list the narnes of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary z 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? Yeso Noo- tf yes,name the officiof 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 andlor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER ; _ (Name entity ondlor individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 tl Real Estate Broker/Agent/Realtor Q 0 Disclosure Statement i rev. May-2024 page 1 of 3 Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 13 of 16 APPLICANTDisclosure Statement SECTION 1: , ., SERVICE YES NO SERVICE PROVIDER _ Name emit and or individuol Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor © e {Engineer/Surveyor/Agent © LLega(Services 0 ; e 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 Hoard or any public body or mittee in connecittopq with this application. Thomas Glen Davis e" "le Applicant Name(Print) Applicant Signature Date 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directiy 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,Cone§2.2-3101. 2`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (it) a controlling owner in one entity is also a controlling owner in the other entity,or(lii j there is shored 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 xF 2.2-3101. FOR CITY USE ONLY: No changes as of(date): 4/28/2026 Alexis Bailey—f__ /_ilCf��Cc1 �_ CCI�PI/ 4/2812026_ Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 14 of 16 Disclosure Statement SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed or opljlicti,, Thomas Glen Davis Is the Owner a corporation,partnership,-firm,--business,-trust,or-unincorporated b­u_siness?YesC)_No If yes,list the names of oil 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? Yeso No(�) If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No G) yes,name the official or era ployee,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 onithe property.The name of the entity or individual providing such services must be identified,(Attach list if necessary.11 SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 e Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/De5igner/Landscape Architect/Land Planner 0 I (49 Construction Contractor 0 Engineer/Surveyor/Agent 0 LegalServices 0 e PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been uled for public hearing, I am responsible for updating the information provided herein three weeks rior a the me Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public , y or ommit in con h this application. Thomas Glen Davis Property Owner Name(Print) Property hwner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • 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. Thomas Glen Davis and Nancy Rodio Davis Agenda Item 16 page 16 of 16 STIR VICINITY MAP THOMAS GLEN DAVIS AND NANCY RODIO DAVIS r .. �k 9 9 f Q� .lk� _ 9 51 y g gy5p4 t4,fk T 59 Short Term Rentalsm= STR Permits t 5) Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #16 Thomas Glen Davis and Nancy Rodio Davis Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: And the last item on the consent agenda is item 16. Is there a representative here today to speak on this? Good afternoon, ma'am. Please state your name for the record. Ms.Davis: Nancy Rodio Davis. Ms.Byler: Are the conditions acceptable to you? Ms. Davis: Yes,ma'am. Ms.Byler: Thank you. Please be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read it into the record. Mr. Plumlee: This is an application by Glenn Davis and Nancy Rodio Davis for approval of a conditional use permit for short-term rental at 4005 Atlantic Avenue, Unit 205. The application having met the conditions of our zoning ordinance and overlay,there has been a recommendation for approval by our staff, and therefore, it was placed without objection 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: items 1, 3, 5, 12, 14, 15, and 16, and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1,3, 5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. 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, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 1001 TO THE CITY ZONING ORDINANCE PERTAINING TO CREMATORIES IN THE INDUSTRIAL DISTRICT MEETING DATE: May 19, 2026 ■ Background: An ordinance to amend Section 1001 of the City Zoning Ordinance pertaining to crematories in the Industrial Districts. ■ Considerations: This text amendment proposes amending Section 1001 of the Zoning Ordinance to allow the use `cemetery, columbarium, crematory, and mausoleums' in both the 1-1, Light Industrial, and 1-2, Heavy Industrial districts with a conditional use permit. In addition to the conditions that the City Council applies to any Conditional Use Permit (CUP) for this use, Section 229 would also apply to the CUP, which requires approval from the State Department of Health. ■ Recommendation: On April 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item 1 A•• of Beach V-B- Crematories • . Moog An ordinance to amend Section 1001 of the City Zoning Ordinance pertaining to crematories in the Industrial Districts. Summary of • This text amendment updates the Zoning Ordinance to add 'Cemetery, columbarium, crematory, and mausoleums' to Section 1001 Use Regulations in the Industrial Districts. The use is permitted as a conditional use in both 1-1 and 1-2 Industrial Districts. In addition to the conditions that the City Council applies to any Conditional Use Permit (CUP)for this use,the following conditions are also applied to the CUP, which requires approval from the State Department of Health. Sec. 229. - Cemeteries, columbarium, crematories, mausoleums. With respect to cemeteries, columbaria, crematories, and mausoleums, certificates of approval shall be required from the state department of health, indicating conformity with its regulations. Additionally, in cases where bodies are to be interred, certificates from the Health Department shall be obtained, confirming that there is no danger of contamination to the water supply. Recommendation Staff recommends approval of this ordinance. The proposed use classification in the 1-1 and 1-2 Districts is compatible with the Industrial Districts and is in keeping with the purpose and intent of the districts. City of Virginia Beach Agenda Item 1 page 1 of 2 Ordinance 1 AN ORDINANCE TO AMEND SECTION 1001 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CREMATORIES IN THE 4 INDUSTRIAL DISTRICT 5 6 Section Amended: § 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1001 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1001. Use regulations. 18 19 (a) Principal and conditional uses. The following chart lists those uses permitted within 20 the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 21 industrial districts shall be permitted as either principal uses indicated by a "P" or as 22 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 23 be prohibited in the respective districts. No uses or structures other than as 24 specified shall be permitted. 25 Use 1-1 1-2 Car wash facilities, subject to the provisions of section 228.1 C X Cemete columbarium crematory and mausoleums C C Collection depots for recyclable materials C X APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17010 R-1 March 5, 2026 City of Virginia Beach Agenda Item 1 page 2 of 2 1 AN ORDINANCE TO AMEND SECTION 1001 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CREMATORIES IN THE 4 INDUSTRIAL DISTRICT 5 6 Section Amended: § 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1001 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1001. Use regulations. 18 19 (a) Principal and conditional uses. The following chart lists those uses permitted within 20 the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 21 industrial districts shall be permitted as either principal uses indicated by a "P" or as 22 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 23 be prohibited in the respective districts. No uses or structures other than as 24 specified shall be permitted. 25 Use 1-1 1-2 Car wash facilities, subject to the provisions of section 228.1 C X CemeteU, columbarium cremato and mausoleums C C Collection depots for recyclable materials C X APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department Cify Attorney's Office CA17010 R-1 March 5, 2026 Virginia Beach Planning Commission April 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item on our agenda is item one. I have asked Zoning Administrator Hannah Sabo to read this into the record. Ms. Sabo: Good afternoon. Hannah Sabo, Zoning Administrator. The first item is to add the uses cemeteries, columbariums, crematoriums, and mausoleums to the industrial districts as a conditional use. The uses are currently permitted in both agricultural districts, most residential districts, and the Preservation District with the conditional use permit. Staff received an inquiry for a crematory in an industrial district, which was the reason that we went forward with this amendment. Section 229 currently requires the approval from the state Department of Health and that will continue to apply for all of these uses. Staff does recommend approval of this item. Ms.Byler: Thank you, Ms. Sabo. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda: items 1, 3, 5, 12, 14, 15, and 16, and the minutes. Mr. Coston: Thank you. Do I hear a motion to approve by consent as read by the Vice Chair? Ms. Hippen: So moved. Ms. Byler: I move that these items be approved by all consent and I second Commissioner Hippen's motion. Mr. Plumlee: I just want to note my one abstention with regards to the site visit minutes. Otherwise, I'll vote. Mr. Coston: The motion for approval was made by Commissioner Hippen and seconded by Commissioner Byler. Are we ready for the question? Clerk: The vote is open. By a recorded vote of 10 to 0, with all aforementioned abstentions, all aforementioned minutes and items 1,3,5, 12, 14, 15 and 16 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, or you're free to leave. Thank you. Vote Tall Commission Member AYE # NAY# ABS # ABSENT# 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 M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ARTS AND HUMANITIES COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORICAL REVIEW BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OLD BEACH DESIGN REVIEW COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • TIDEWATER COMMUNITY COLLEGE BOARD • TIDEWATER YOUTH SERVICES COMMISSION • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 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:05/12/2026 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N 1. SPECIAL FORMAL SESSION A. CALL TO ORDER—Mayor Robert M."Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL FORMAL SESSION B. ROLL CALL OF CITY COUNCIL II. FY2026-27 RESOURCE MANAGEMENT PLAN-RECONCILED PROPOSAL A. FY2026-27 OPERATING BUDGET ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT 1. Ordinance to APPROPRIATE$3,961,944,885 consisting of$724,902,416 in inter-fund transfers,$350,466,956 for internal service funds,and$2,886,575,513 in operations for Fiscal Year beginning July 1,2026 and ending June 30,2027 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for FY2027 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2027 4. Ordinance to AUTHORIZE the City Manager to submit the FY2026-27 Annual Funding Plan to the U.S.Department of Housing and Urban Development(HUD) 5. Ordinance to AMEND City Code Sections 35- 64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons 6. Ordinance to AMEND City Code Sections 28-4 and 28-4.1 re Sewer Capital Recovery fees 7. Ordinance to AMEND City Code Section 37-7.1 re Water Capital Recovery fees 8. Ordinance to AMEND City Code Section 31-15 and 31-35 re pricing on automated refuse receptacles and yard waste containers 9. Ordinance to AMEND the boundaries re Town Center Special Service District(SSD) 10. Ordinance to ESTABLISH Pembroke Square Special Service District;ESTABLISH the Tax Levy on Real Estate;and DEDICATE real estate tax revenue from properties within Pembroke Square Special Service District re public facilities and parking garages 11. Ordinance to DECLARE as SURPLUS$1- Million of funding within the Central Business District South Tax Increment Financing Fund (Town Center TIF)re FY2025-26 Operating Budget 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:05/12/2026 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 12. Resolution to EXTEND the City/School Revenue Sharing Policy to June 30,2027 13. Ordinance to ADD City Code Sections 2-500 and 2-501 re Department of Emergency Communications and Citizen Services 14. Ordinance to AMEND City Code Sections 2-7 re Office of Volunteer Resources 15. Ordinance to AMEND City Code Sections 2- 187.1 and 2-199 re Budget Amendment Procedures 16. Ordinance to AMEND City Code Sections 21- 320 and 21-321 re parking and parking meters 17. Ordinance to AMEND City Code Section 2-83 re holidays B. FY2026-27 CAPITAL BUDGET ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT l. Ordinance to ADOPT the FY2026-27 through FY2031-32 Capital Improvement Program (CIP)and APPROPRIATE$417,716,343 re FY2026-27 Capital Budget,subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$66,927,365 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$5,900,000 re flood protection 4. Ordinance to AUTHORIZE the issuance of Stormwater Utility System Revenue Bonds in the maximum amount of$21,057,315 5. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$22,506,000 6. Resolution to AFFIRM the City's commitment to fund the Locality Share of Projects and PROVIDE Signature Authority for projects under agreement with the Virginia Department of Transportation(VDOT) Ill. ADJOURNMENT 6:20 P.M. 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:05/05/2026 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U I C 1 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. CITY COUNCIUS RECONCILIATION A. FY 2026-27 RESOURCE MANAGEMENT PLAN(BUDGET) Operating and Capital Budgets II. CITY COUNCIL'S BRIEFING A. TOURISM MARKETING CAMPAIGN Amanda Jarratt,Deputy City Manager III-VII CERTIFICATION OF CLOSED SESSION CERTIFIED A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL and FORMAL SESSIONS April 21,2026 H. MAYOR'S PRESENTATION l. RESOLUTION IN MEMORIAM Barry D.Knight Family of Mr.Knight accepting J.1. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y an Agriculture Land Preservation (ARP) CONSENT easement from J.Louis Parsons,Jr.(138.36+/- Acres), and the issuance by the City of its contract obligations in the maximum principal amount of$1,007,261 and TRANSFER funds to purchase U.S.Treasury STRIPS J.2. Ordinance to DECLARE City-owned property ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y at 1372 Laskin Road to be in the EXCESS of the CONSENT City needs and AUTHORIZE the City Manager to enter into an Agreement for the sale of the property to Foreman Services,LLC re construct a single-family residential dwelling J.3 Resolution to RENAME the Owl Creek Boat ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ramp as "The Barry D. Knight Owl Creek CONSENT Boat Ramp"(Requested by City Council) J.4. Ordinance to AMEND City Code Section 18-108 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re temporary or transient businesses CONSENT (Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Remick, Ross- Hammond,and Schulman) J.5. Resolution to AUTHORIZE the distribution of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y preliminary official statement and other actions CONSENT re issuance of Water and Sewer Revenue and Refunding Bonds,Series of 2026 J.6. Resolution to AUTHORIZE Thirteenth ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Supplement Master Water and Sewer Bond CONSENT Resolution of February 11, 1992, and AUTHORIZE the sale of up $120-Million Refunding Bonds,Series of 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:05/05/2026 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 J.7. Ordinance to ESTABLISH Capital Project ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y #100753, "Town Center Hotel Pipe CONSENT Replacement," and to ACCEPT and APPROPRIATE$434,958.12 funds to Capital Project#100753, and AUTHORIZE the City Manager to take action re relocation of the Town Center Hotel Pipe J.8 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $10,072.03 from the Department of Historic CONSENT Resources (DHR) to the FY2025-26 Planning and Community Development Operating Budget re update up to five(5)National Registrar of Historic Places nominations J.9 Ordinance to APPROPRIATE$1-Million from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the fund balance of the Tourism Advertising CONSENT Program Special Revenue Fund to the FY2025- 26 Convention and Visitors Bureau Operating Budget re advertising and marketing efforts J.10. Ordinance to TRANSFER $3.1-Million and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1,446,655 as Pay-As-You-Go funding from the CONSENT FY2025-26 Public Works Operating Budget and $1.3-Million from Capital Project#100010,"42"d Street Pump Station Outfalls,"to Capital Project #100287 "Oceanfront Stormwater Facilities Maintenance" K.1 SHAKILAH VERNER for a Conditional WITHDRAWN,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Change in Zoning from R-7.5 Residential to CONSENT 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 (Deferred from March 17, 2026) APPLICANT REQUESTS WITHDRAWAL L.1 APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION 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:05/05/2026 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER YOUTH SERVICES COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD DEVELOPMENT AUTHORITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Patrick Shuler Unexpired thru 8/31/2028 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 6:19 P.M. OPEN DIALOGUE 9 SPEAKERS 6:56 P.M.