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Home My WebLink About6-16-2026 FORMAL SESSION AGENDA City o 4�4 car O �'O - 2 Virginia Beach U "M "'COMMUNITY FOR A LIFETIME S Uf UUR NAT��NS 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 ivrouse@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 CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda June 16, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. VIRGINIA BEACH NATIONAL GOLF COURSE UPDATE 2:15 P.M. Emily Archer, Acting Director— Economic Development B. INTERFACILITY TRAFFIC AREA PLAN UPDATE 3:00 P.M. Kathy Warren, Director- Planning Clay Dills, Owner— Dills Architects II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 P.M. III. CITY COUNCIL AGENDA REVIEW 4:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—June 2, 2026 2. SPECIAL FORMAL SESSION —June 9, 2026 H. PUBLIC HEARINGS 1. MODIFY BOUNDARY OF SPECIAL SERVICE DISTRICT (SSD) Old Donation Neighborhood Dredging 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) Project CIP 100423.025 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND the FY2026-27 Capital Improvement Program (CIP) for Stormwater re Chatham Hall Water Quality Improvement, CIP 100566 and Southern Rivers Watershed II, CIP 100720 2. Resolution to RENEW permits to ALLOW certain Emergency Medical Services (EMS) agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. 3. Ordinance to ENDORSE a Proposed Tourism Project and AUTHORIZE other actions consistent with the State Tourism Gap Financing Program re Hotel Indigo 4. Ordinance to GRANT a Franchise Agreement to Pinky's LLC re pedal cab taxi service in the Resort Area 5. Ordinance to RE-ADOPT the Policy re remote participation by City Council Members in Council Meetings 6. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2026 re view each street or alley proposed to be closed 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Starling BESS Energy, LLC re closure of approximately 29,601 square feet of an improved right-of-way known as Windy Willow Court 8. Ordinance to AUTHORIZE the Virginia Beach Development Authority (VBDA) to utilize up to $1.9-Million of existing appropriations within CIP 100059, "Resort Parking District" to fund the pre-development phase re development of a structured public parking facility at 19t" Street and Parks Avenue 9. Ordinance to AUTHORIZE temporary encroachment into City-owned property known as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing vinyl bulkhead, a return wall, wharf, overhead beam boatlift with four (4) piles and electrical cable and to construct and maintain a PWC lift, PWC electrical cable, gangway, floating dock, open- sided timber framed asphalt shingle roof and four (4) additional support piles DISTRICT 8 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Bass Inlet, a/k/a Mill Pond and Mill Creek, and into a City-owned 5-foot drainage and utility easement at 344 Back Bay Crescent re maintain an existing vinyl bulkhead with returns and concrete patio, and to construct and maintain a timber floating pier, two (2) personal watercraft floats, aluminum gangway, timber pier, 4-timber pile aluminum boat lift, timber open-sided roof structure and two (2) personal watercraft lifts DISTRICT 2 11. Ordinance to APPROPRIATE $240,000 from the sale of equipment to Capital Project#100175, "Fire Apparatus IV" within the FY2025-26 Capital Improvement Program (CIP) re fund future fire apparatus 12. Ordinance to ACCEPT and APPROPRIATE $1.75-Million from the Commonwealth Opportunity Fund (COF) to the Virginia Beach Development Authority (VBDA) re award for the Acoustical Sheetmetal Company project 13. Ordinance to ACCEPT and APPROPRIATE $1,497,300 from the Commonwealth Opportunity Fund (COF) to the Virginia Beach Development Authority (VBDA) re award for ZIM American Integrated Shipping Company project 14. Ordinance to ACCEPT and APPROPRIATE funds totaling $429,709.60 from the Virginia Opioid Abatement Authority (VOAA) to the Health Department Operating Budget ($229,209.60) re contract two (2) Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach; Police Department Operating Budget ($30,000) re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS) to provide drug education and prevention activities throughout the community; Human Services Operating Budget ($100,500) re continued full-time Certified Peer Support Specialist FTE to work with youth with substance use disorders to include operating expenses; and Virginia Beach City Public Schools Operating Budget (VBCPS) ($70,000) re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense 15. Ordinance to ACCEPT and APPROPRIATE $18,714 from the Department of Criminal Justice Services through the Edward Byrne Justice Assistance Grant (JAG) Program to the FY2026-27 Police Department Operating Budget re law enforcement equipment 16. Ordinance to TRANSFER $803,063 from vacancy savings in the General Fund to the FY2025-26 Voter Registration and Elections Operating Budget re operational expenses for the August 4, 2026, primary elections 17. Ordinance to TRANSFER $350,000 within the Department of Emergency Medical Services (EMS) from the EMS Cost Recovery Fund to the FY2025-26 Department of Emergency Medical Services (EMS) Operating Budget re personnel expenses K. PLANNING 1. KELCO, INCORPORATED for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide existing parcel to construct a single-family dwelling at a parcel West of Holland Road, 230 feet North of Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. BHC, LLC/ PHILIP D. SEAFORD for a Variance to Section 4.4(b)(c)(1) of the Subdivision Regulations re subdivide two (2) existing parcels into five (5) residential lots to construct five (5) single-family dwellings at 313 Gatewood Avenue DISTRICT 3 RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION - APPROVAL 3. DS INVESTORS, INC. A VIRGINIA CORPORATION for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re resubdivide existing parcel to create two (2) single-family lots at 845 Kennedy Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 4. WINNER'S PROPERTIES, LLC/ WINNER'S PROPERTIES, LLC & EVERGREEN VIRGINIA, LLC for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, service and rentals at 3700 & 3736 Sentara Way DISTRICT 3 RECOMMENDATION: APPROVAL 5. SMF CORPORATE STORES, LLC/ HILLTOP SQUARE INVESTORS, LLC for a Modification of Conditions to a Conditional Use Permit re tattoo parlor at 550 First Colonial Road, Suite 23C DISTRICT 6 RECOMMENDATION: APPROVAL 6. VIRGINIA ELECTRIC AND POWER COMPANY for a Modification of Conditions to a Conditional Use Permit re expand existing Dominion substation at 568 North Lynnhaven Road DISTRICT 8 RECOMMENDATION: APPROVAL 7. HOLLY VEBER/ DANIEL F. & MARILYN F. VEBER fora Conditional Use Permit re assembly use at 1501 Gum Bridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 8. APRIL A. SMITH / GREGORY S. SMITH &APRIL A. SMITH for a Conditional Use Permit re family day-care home at 2288 Sandy Woods Lane DISTRICT 5 RECOMMENDATION: APPROVAL 9. DEBBIES DAYCARE LLC/ DEBORAH R. NORTON for a Conditional Use Permit re family day-care home at 757 Hilltop Road DISTRICT 6 RECOMMENDATION: APPROVAL 10. FIRST COLONIAL DEVELOPMENT, LLC for a Conditional Use Permit re low-speed motor vehicle sales and rental at 601 Nevan Road DISTRICT 6 RECOMMENDATION: APPROVAL 11. SUSAN E. BLACK MERGED TRUST for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 104 DISTRICT 6 RECOMMENDATION: APPROVAL 12. Ordinance to AMEND City Code Section 33-19 re hauling of sand, gravel, topsoil, fill or other excavated material off an excavation site RECOMMENDATION: APPROVAL 13. Ordinance to AMEND City Code Section 7.1 of the Subdivision Regulations re plans and specifications for general improvements RECOMMENDATION: APPROVAL 14. Ordinance to AMEND City Code Section 4 of the Site Plan Ordinance (Appendix C) re information required on site development plan RECOMMENDATION: APPROVAL 15. Ordinance to AMEND City Code Chapter 19 re mobile homes RECOMMENDATION: APPROVAL 16. Ordinance to AMEND City Code Section 5.9 (Appendix D) of the Erosion and Stormwater Management re construction general permit fees RECOMMENDATION: APPROVAL L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY • ADVERTISING 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 • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • TIDEWATER COMMUNITY COLLEGE BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 P.M. on June 16, 2026. I. CITY COUNCIUS BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. VIRGINIA BEACH NATIONAL GOLF COURSE UPDATE 2:15 P.M. Emily Archer, Acting Director— Economic Development B. INTERFACILITY TRAFFIC AREA PLAN UPDATE 3:00 P.M. Kathy Warren, Director- Planning Clay Dills, Owner— Dills Architects II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 P.M. III. CITY COUNCIL AGENDA REVIEW 4:15 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS—June 2, 2026 2. SPECIAL FORMAL SESSION —June 9, 2026 �� ` H. PUBLIC HEARINGS 1. MODIFY BOUNDARY OF SPECIAL SERVICE DISTRICT (SSD) Old Donation Neighborhood Dredging 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) Project CIP 100423.025 VIPs 4 tW; PUBLIC NOTICE NOTICE OF BOUNDARY MODIFICATION FOR OLD DONATION NEIGHBORHOOD DREDGING SSD On Tuesday,June 16,2026,the Council of the City of Virginia Beach,Virginia,will hold a public hearing to receive public comment on a proposal to amend, pursuant to Virginia Code § 15.2- 2402.1, the boundaries of the Old Donation Neighborhood Dredging Special Service District. The public hearing will be held at the 6:00 p.m. Formal Session of the City Council in the City Council Chamber,City Hall,2401 Courthouse Drive. The boundary change will remove one property(4105 Cheswick Lane)from the SSD District. A copy of the proposed ordinance is on file in the Office of the City Clerk. This hearing is open to the public,and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 3854303.If you are physically disabled or visually impaired and need assistance at this meeting,please call 3854303;hearing impaired,call TDD- 711. 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 June 16,2026. 2. Download WebEx and view the meeting at: httos,//vbgov.wet)ex.com/weblink/r egister/r9d 1ff3083cec87282de0df dcd1342c8a All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-MAY 25,2026,JUNE 1&8, 2026 `NUB'F`C` O •�S z; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify the Boundary of the Old Donation Neighborhood Dredging Special Service District to Remove One Property and to Authorize the Refund of SSD Levies PUBLIC HEARING DATE: June 16, 2026 MEETING DATE: July 7, 2026 ■ Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. After approval of an SSD, City staff undertakes engineering and permitting activities that are a precondition to the dredging of the neighborhood channels. In its joint permit application process, Staff has been unable to permit the entire South Spur Channel, and therefore one property (4105 Cheswick Lane) does not receive the benefits of the SSD. Accordingly, the property needs to be removed from the district. ■ Considerations: The state law authorizing SSDs is predicated upon the participating properties receiving enhanced or additional services. This property will not receive the benefits of the SSD, so it needs to be removed from the SSD. In addition to removing the properties, the attached ordinance would authorize a refund of the SSD levies collected and interest to be provided based upon the City's most recent general obligation bond sale, which had a true interest cost of 3.27%. ■ Public Information: The property owner has been informed of the pending removal by letter. This item was advertised for three successive weeks in the Virginian- Pilot as is required by Virginia Code §§ 15.2-2400 and -2402.1. The advertisement dates were May 18, May 25, and June 1, 2026. Additionally, public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: OY I AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 OLD DONATION NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT TO REMOVE ONE PROPERTY AND 4 TO AUTHORIZE THE REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Old Donation Special Service District 7 (the "SSD") by ordinance (ORD-3199), which was adopted September 13, 2011; 8 9 WHEREAS, due to an inability to obtain approval in the joint permit application 10 process for the entire South Spur Channel, one property (4105 Cheswick Lane) does not 11 receive the benefits of the SSD, and such property is to be removed from the SSD; and 12 13 WHEREAS, in the City's recent general obligation bond sale, the new money 14 bonds had a true interest cost of 3.27%; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the boundary of the Old Donation SSD is hereby modified to reflect the 20 removal of 4105 Cheswick Lane, GPIN 1478-91-0979-000. 21 22 2. That the parcel removed from the SSD shall be issued a refund from the Old 23 Donation Dredging Special Service District Special Revenue Fund and such refund shall 24 include interest using the amount of the City's most recent general obligation bond sale 25 compounded annually. 26 27 3. That this ordinance is effective June 30, 2026. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: City Trea rer s Office Public Works' APPROVED AS TO LEGAL SUFFICIENCY: rneysMice CA17230 R-1 May 6, 2026 �J PUBLIC HEARING ACQUISITION BYAGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,June 16,2026 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia,on the proposed acquisition by agreement or condemnation of property and easements necessary for the Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) project, CIP 100423.025 (the "Project').The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary, for the Project. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Offloe Real Estate, Building #23, 2473 North Landing Road,at the Virginia Beach Municipal Center,(757)3854161. 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 June 16,2026. 2. Download WebEx and view the meeting at: htti)s:/lvbgov.webex.com/weblink/r egister/r9d 1ff3083cec87282de0df dcd1342c8a All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JUNE 7,2026 Z (u S! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Virginia Beach Boulevard Sidewalk HSIP Project, CIP 100423.025, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: June 16, 2026 MEETING DATE: July 7, 2026 ■ Background: The Virginia Beach Boulevard Sidewalk Highway Safety Improvement Program (HSIP) project, CIP 100423.025 (the "Project") is a highway safety improvement project that consists of replacing an existing 4-foot-wide concrete sidewalk with an 8-foot- wide concrete sidewalk on the south side of Virginia Beach Boulevard. The Project extends from approximately 250 feet east of Louisa Avenue to approximately 50 feet east of North Oceana Boulevard. The Project will extend approximately 1,600 feet and will include the construction of sidewalks and Americans with Disabilities Act (ADA) ramps, as well as drainage enhancements. The Project will result in approximately 0.92 acres of land disturbance, primarily in the vicinity of the proposed sidewalk. Most improvements will be within the existing right-of-way; however, additional right-of- way and temporary and permanent easements are necessary to complete the Project. ■ Considerations: The Project will require property and/or easements from 10 privately owned parcels. No residents or businesses are expected to be displaced by the Project. ■ Public Information: A willingness to hold a public citizen's information meeting poll was closed on March 8, 2024. No resident responded, and therefore no meeting was held. An advertised public hearing will be held on June 16, 2026, and public notice will be provided via the normal Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Location Maps Recommended Action: Approval Submitting Department/Agency:rtment/Agency: Public Works/Real Estat� City Manager: T 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR VIRGINIA BEACH BOULEVARD 4 SIDEWALK HSIP PROJECT, CIP 100423.025, 5 AND THE ACQUISITION OF TEMPORARY 6 AND PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, the Virginia Beach Boulevard Sidewalk Highway Safety Improvement 10 Program (HSIP) project, CIP 100423.025 (the "Project"), is a highway safety improvement 11 project that consists of replacing an existing 4-foot-wide concrete sidewalk with an 8-foot- 12 wide concrete sidewalk on the south side of Virginia Beach Boulevard. The Project extends 13 from approximately 250 feet east of Louisa Avenue to approximately 50 feet east of North 14 Oceana Boulevard; 15 16 WHEREAS, the Project will improve pedestrian mobility and connectivity and will 17 connect to similar sidewalk infrastructure east of North Oceana Boulevard and planned 18 improvements west of Louisa Avenue; 19 20 WHEREAS, the Project extends approximately 1,600 feet and includes the 21 construction of sidewalks and Americans with Disabilities Act (ADA) ramps, as well as 22 drainage enhancements. The Project will result in approximately 0.92 acres of land 23 disturbance, primarily in the vicinity of the proposed sidewalk; 24 25 WHEREAS, the Project improvements are largely contained within the existing right- 26 of-way; however, additional right-of-way and permanent and temporary easements are 27 needed to complete the Project; and 28 29 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 30 public necessity exists for the construction of this important public project to construct 31 sidewalk facilities to provide safer alternative transportation options within the City, to 32 improve drainage; and for other related public uses for the preservation of the safety, 33 health, peace, good order, comfort, convenience, and for the welfare of the people in the 34 City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 Section 1. That the City Council authorizes the acquisition by purchase or 40 condemnation pursuant to Sections 15.2-1901, et seq., Title 33.2 and Title 25.1 of the Code 41 of Virginia of 1950, as amended, of all that certain real property in fee simple, including 42 temporary and permanent easements (the "Property"), as shown on the plans entitled 43 "VIRGINIA BEACH BOULEVARD SIDEWALK HSIP, CIP 100423.025, PWCN-24-0028," 44 and on the acquisition plats for the Project (plats and plans collectively referred to as the 45 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 46 Municipal Center, Building 33, 2509 Princess Anne Road, City of Virginia Beach, Virginia. 47 48 Section 2. That the City Manager is hereby authorized to make or cause to be made 49 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 50 offer to the owners or persons having an interest in said Property. If refused, if the property 51 owners are unable to convey clear title, or if the owners cannot be identified or located, the 52 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 53 to condemn to acquire title to the Property. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 12026. CA17159 PREPARED: 5/15/26 R-1 \\vbgov.com\dfs 1\a pplications\citylaw\cycom32\wpdocs\d013\p057\01131087.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY D P BL WOR REAL ESTATE CITY ATTORNEY r a��► MIN I L�r , s ,�� p p r" : r ` - t AV SITE 44 !� ~ GREEN uJ .r. r' • LOCATION MAP a Legen FOR Project . . p p - 100423 H10,11 App �oNE e SITE GF2EEN , w Q�ks'DR Q � ee� w e 0 z co *xY F J tf1 CO) .,,� � � � � VIRGINtABEACN.BLVC} RR , J a Z MlCtifGANrAVE � HITESMEW'PL 0 0 LOCATION MAP Legend FOR � I VIRGINIA BEACH BOULEVARD SIDEWALK aHio.AVE CIP 100423 Project Area0 200 400 LCity Property I I I Feet I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND the FY2026-27 Capital Improvement Program (CIP) for Stormwater re Chatham Hall Water Quality Improvement, CIP 100566 and Southern Rivers Watershed II, CIP 100720 2. Resolution to RENEW permits to ALLOW certain Emergency Medical Services (EMS) agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. 3. Ordinance to ENDORSE a Proposed Tourism Project and AUTHORIZE other actions consistent with the State Tourism Gap Financing Program re Hotel Indigo 4. Ordinance to GRANT a Franchise Agreement to Pinky's LLC re pedal cab taxi service in the Resort Area 5. Ordinance to RE-ADOPT the Policy re remote participation by City Council Members in Council Meetings 6. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2026 re view each street or alley proposed to be closed 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Starling BESS Energy, LLC re closure of approximately 29,601 square feet of an improved right-of-way known as Windy Willow Court 8. Ordinance to AUTHORIZE the Virginia Beach Development Authority (VBDA) to utilize up to $1.9-Million of existing appropriations within CIP 100059, "Resort Parking District" to fund the pre-development phase re development of a structured public parking facility at 19t' Street and Parks Avenue 9. Ordinance to AUTHORIZE temporary encroachment into City-owned property known as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing vinyl bulkhead, a return wall, wharf, overhead beam boatlift with four (4) piles and electrical cable and to construct and maintain a PWC lift, PWC electrical cable, gangway, floating dock, open- sided timber framed asphalt shingle roof and four (4) additional support piles DISTRICT 8 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Bass Inlet, a/k/a Mill Pond and Mill Creek, and into a City-owned 5-foot drainage and utility easement at 344 Back Bay Crescent re maintain an existing vinyl bulkhead with returns and concrete patio, and to construct and maintain a timber floating pier, two (2) personal watercraft floats, aluminum gangway, timber pier, 4-timber pile aluminum boat lift, timber open-sided roof structure and two (2) personal watercraft lifts DISTRICT 2 11. Ordinance to APPROPRIATE $240,000 from the sale of equipment to Capital Project#100175, "Fire Apparatus IV" within the FY2025-26 Capital Improvement Program (CIP) re fund future fire apparatus 12. Ordinance to ACCEPT and APPROPRIATE $1.75-Million from the Commonwealth Opportunity Fund (COF) to the Virginia Beach Development Authority (VBDA) re award for the Acoustical Sheetmetal Company project 13. Ordinance to ACCEPT and APPROPRIATE $1,497,300 from the Commonwealth Opportunity Fund (COF) to the Virginia Beach Development Authority (VBDA) re award for ZIM American Integrated Shipping Company project 14. Ordinance to ACCEPT and APPROPRIATE funds totaling $429,709.60 from the Virginia Opioid Abatement Authority (VOAA)to the Health Department Operating Budget ($229,209.60) re contract two (2) Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach; Police Department Operating Budget ($30,000) re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS) to provide drug education and prevention activities throughout the community; Human Services Operating Budget ($100,500) re continued full-time Certified Peer Support Specialist FTE to work with youth with substance use disorders to include operating expenses; and Virginia Beach City Public Schools Operating Budget (VBCPS) ($70,000) re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense 15. Ordinance to ACCEPT and APPROPRIATE $18,714 from the Department of Criminal Justice Services through the Edward Byrne Justice Assistance Grant (JAG) Program to the FY2026-27 Police Department Operating Budget re law enforcement equipment 16. Ordinance to TRANSFER$803,063 from vacancy savings in the General Fund to the FY2025-26 Voter Registration and Elections Operating Budget re operational expenses for the August 4, 2026, primary elections 17. Ordinance to TRANSFER$350,000 within the Department of Emergency Medical Services (EMS) from the EMS Cost Recovery Fund to the FY2025-26 Department of Emergency Medical Services (EMS) Operating Budget re personnel expenses J+- . fir=: ... •1 f-. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2026-27 Capital Improvement Program for Stormwater MEETING DATE: June 16, 2026 ■ Background: The Chatham Hall Water Quality Improvement Project(CIP 100566) and Southern Rivers Watershed II project (CIP 100720) have been identified in the Stormwater section of the FY 2026-27 Capital Improvement program of having funding gaps requiring a transfer of funds to fully fund each project. The first phase of the Chatham Hall project dredged the lake fingers, or channels, in and out of the lake. The second phase of the project will install pretreatment forebays, wetland areas, and an aeration system. The project will improve oxygen levels to support aquatic life and minimize algae growth while also reducing nutrients, sediment, and bacteria from stormwater that flows into the Elizabeth River and the Chesapeake Bay. Oceana Gardens Constructed Wetlands Project (CIP 100669) will provide $505,000 in funding to Chatham Hall to fully fund the second phase of the project. The Southern Rivers Watershed project is implemented to reduce pollutants from existing developed areas that are not treated by existing stormwater management facilities. This watershed is part of the Albemarle Sound and includes North Landing River, West Neck Creek and Back Bay watersheds. Some projects underway include design of the Sunstream Park wet pond retrofit, design and construction of the Salem Village Park manufactured treatment device, and design and construction of the Princess Anne Athletic Complex wet swales. The Surface Water Regulatory Compliance Program project (CIP 100404) will transfer $800,000 to allow for current projects within the Southern Rivers Watershed to be completed. ■ Considerations: The additional funding needed for Chatham Hall Water Quality Improvement project and Southern Rivers Watershed II project will be funded to allow for the core scope of the projects to be accomplished. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Project Detail Sheets (4) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: A-0 1 AN ORDINANCE TO AMEND THE FY 2026-27 2 CAPITAL IMPROVEMENT PROGRAM FOR 3 STORMWATER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT- 7 8 1. $505,000 is hereby transferred from Capital Project #100669, "Oceans Gardens 9 Constructed Wetlands Project" to Capital Project #100566 "Chatham Hall Water 10 Quality Improvement Project." 11 12 2. $800,000 is hereby transferred from Capital Project #100404, "Surface Water 13 Regulatory Compliance Program" to Capital Project #100720 "Southern Rivers 14 Watershed II." 15 16 3. This ordinance shall be effective July 1, 2026. 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: J BLroget and Management ervices a ffice CA17247 R-1 May 27, 2026 City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project: 100669 Title:Oceana Gardens Constructed Wetlands Status:Approved Category:Stormwater Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:5 Programmed 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 1,348,771 1,348,7711 01 01 01 01 01 01 0 ScopeDescription and This project will install a stormwater management facility on property owned by the City in the Oceana Gardens neighborhood.The new stormwater management facility is a constructed wetland that will reduce phosphorus,nitrogen,and suspended solids from stormwater runoff that flows into the Lynnhaven River.The new constructed wetland includes the installation of pretreatment forebay,and two constructed wetland cells.The wetland areas help remove nutrients by using them for plant growth.There is minor temporary construction easement required for work within the right-of-way to direct stormwater to the new facility. Purpose and Need Trie City is regu ate tff—ro—u-g-h a Municipal Separate Storm Sewer System MS4 permit to disc arge stormwater tTom its system to local waterways.T e MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act. The MS4 permit requires the City implement water quality improvements to reduce stormwater pollutants to meet the Chesapeake Bay Total Maximum Daily Load(TMDL)requirements. History and Current Status This CIP was established in FY 2024-2025.The City was awarded a stormwater Local Assistance Fund(SLAF)grant funding from the Department of Environmental Quality in the amount of$1,308,750 and appropriated in the FY 2023-24 budget.A portion of the project funds were placed on hold in FY 2025- 2026 to allow the Eastern Shore Drive flood protection projects(CIPs 100150,100153,and 100167)to move forward with construction.Construction is ongoing as of Fall 2025.In FY 2026-27$505,000 was transferred from this project to Chatham Hall Water Quality Improvement Project(CIP 100566)and Stormwater Local Assistance Fund(SLAF)grant funding from the Department of Environmental Quality was reduced by$396,229.In FY 2025-26,$400,000 was transferred from this project to Eastern Shore Drive Flood Protection projects. Operating BudgetImpacts Project .P+Kra io rq n a Project Activities From-To Amount Bestr Friend's 3chnal Tree Mitigation 11/25-07/27 50,000 - Design 03/24-08/24 300,000 Construction 11/25-07/27 848,100 oaNNP,a 264 Contingencies 03/23 07/27 150,671 r" plO Vtp6IN�P OEPC11 Ito$, Total Budgetary Cost Estimate: 1,348,771.00 oMeans of Financing r o Funding Subclass Amount VIRGIN IA'REACH BLVp State Contribution 912,521.00 Local Funding 436,250.00 INDIANA AVE Total Funding: 1,348,771.00 0 0 9 t r� City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project:100566 Title:Chatham Hall Water Quality Improvement Project Status:Approved I Category:Stormwater Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:1 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 6,720,000 2,985,000 1,650,000 2,085,0001 01 0 0 0 0 Description .. This project is for the design and construction of water quality improvements to Chatham Hall Lake.This project will reduce nutrients,sediment,and bacteria from stormwater that flows into the Elizabeth River and the Chesapeake Bay.The first phase of the project will dredge the lake fingers,or channels,in and out of the lake.The second phase of the project will install pretreatment forebays,wetland areas,and an aeration system.The project will improve oxygen levels to support aquatic life and minimize algae growth.The project will include educational signage about water quality for Chatham Hall neighborhood park visitors. Purpose T e ity is regu ate t roug a Municipa eparate Storm Sewer ystem M permit to discharge stormwater rom its system to local waterways.T e MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act. The MS4 permit requires the implementation of projects associated with the Chesapeake Bay Total Maximum Daily Load(TMDL)Action Plan and the Bacteria TMDL Action Plan to meet the required pollutant reductions.This project supports pollutant reductions associated with these TMDLs. History and Current Status This project first appeared in the FY 2021-2022 CIP.The project was awarded a Stormwater Local Assistance Fund(SLAF)award in the amount of$1,701,7S0 which was appropriated in FY 2023-24.A portion of the project funds were placed on hold in FY 2025-2026 to allow the Eastern Shore Drive flood protection projects(CIPs 100150,100153,and 100167)to move forward with construction.The second phase of the project will move forward with construction after funds are released.In FY 2025-26,$1,300,000 was transferred from this project to Eastern Shore Drive Flood Protection projects.In FY 2026-27$505,000 was transferred to this project from Oceana Gardens Constructed Wetlands Project(CIP 100669). Operating Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 02/28-08/30 780,000 a °Q° Design 10/17-09/23 660,000 Construction 12/26-08/30 4,300,000 Contingencies 10/17-08/30 980,000 4h0 Total Budgetary Cost Estimate: 6,720,000.00 Means of Financing r �rrrri v ' .. `PROVID�NCC RO aROVlB[f!C£Rt, °`O N Funding Subclass Amount N SUN�pNO°R GA(,t pR r State Contribution 1,701,750.00 Local Funding 5,018,250.00 Total Funding: 6,720,000.00 TC V Oy .:d 3 •4 O vv C� i z a 2 qN0 j HOY Z V °yrR RO O 9 gONNCYOAI[RO City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project:100404 Title:Surface Water Regulatory Compliance Program Status:Completed Category:Stormwater Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide 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 16,045,565 16,045,565 0 0 0 0 0 0 0 ScopeDescription and The Surface Water Regulatory Compliance program involves a wide range of program components targeted at improving water quality and compliance with the City's Municipal Separate Storm Sewer System(MS4)Stormwater Permit and Virginia Stormwater Management Program(VSMP).This program includes compliance tracking and reporting,inspections and monitoring,stormwater infrastructure data management,strategic planning,engineering studies,VSMP compliance support,design,and construction of water quality projects,training programs,and public outreach and education programs. Purpose e ity is reguiaTeoby t e e erai state government un er t e C can Water Act trrroug t e Municipa eparate Storm ewer ystem 4 permit issue by the Virginia Department of Environmental Quality(DEQ).This project is required to ensure the City maintains compliance with the Virginia Stormwater Management Program(VSMP)MS4 Permit issued by DEQ for the discharge of stormwater from the City.The permit includes complex programmatic requirements involving the implementation of best management practices to reduce pollutants discharged to the"maximum extent practicable." History and Current Status This project first appeared in the FY 2016-17 CIP.The City has operated under a MS4 permit since 1996.The requirements of this permit were significantly increased in FY 2016-17,and a new permit was issued in January 2024.The overall administrative and operational costs of the permit have been significantly increased.The major capital cost impact of the MS4 permit is associated with compliance with stormwater pollutant reduction requirements. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07/15-06/26 10,400,000 Site Acquisition 07/15-06/26 1,000,000 Utilitv Adjustment 07/15-06/26 300,000 Construction 07/15-06/26 4,345,565 Total Budgetary Cost Estimate: 16,045,565.00 Means of Financing Funding Subclass Amount Local Funding 16,045,565.00 NO MAP REQUIRED Total Funding: 16,045,565.00 City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project:100720 Title:Southern Rivers Watershed H Status:Approved Category:Stormwater Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 8,735,000 800,000 375,000 500,000 1,360,000 1,900,000 1,900,000 1,900,0001 0 ScopeDescription and This project is for the design and construction of water quality improvement projects within the Southern Rivers watershed.The type of water quality improvement projects may be from the Virginia BMP Clearinghouse,VA DEQ Stormwater Handbook,and Chesapeake Bay Program BMP Expert Panel Reports. The projects may be a new facility or a modifications to an existing Stormwater management facility to improve pollutant removal efficiency.The project includes associated storm drainage system improvements related to the performance of the stormwater management facility.The projects will be implemented to reduce pollutants from existing developed areas especially areas that are not treated by existing Stormwater management facilities.This watershed is part of the Albemarle Sound and includes North Landing River,West Neck Creek and Back Bay watersheds.Some projects underway include design of the Sunstream Park wet pond retrofit,design and construction of the Salem Village Park manufactured treatment device,and design and construction of the Princess Anne Athletic Complex wet swales. Purpose Tile City is regu ate t roug a Municipa Separate Storm Sewer System MS4 permit to discharge Stormwater Yrom its system to oca waterways.T e MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act (CWA).The CWA requires that all streams,rivers,and lakes meet water quality standards for recreation/swimming,aquatic life,wildlife,fish consumption, shellfish consumption,and public water supply.The Virginia Department of Environmental Quality(DEQ)identifies impaired waterways and schedules the development of Total Maximum Daily Loads(TMDLs).DEQ has developed five TMDLs for phosphorus and bacteria in this watershed.Projects implemented in this watershed will support the City's required pollutant load reductions and help to prevent future water quality impairments in the Southern Rivers watershed. This project supports the City ordinance to protect,enhance,and restore the quality of waters within the Southern Rivers watershed. History and Current Status This project first appeared in the FY 2026-27 CIP and is a continuation of project 100391"Southern Rivers Watershed."In FY 2026-27$800,000 was transferred from programmed funding of project 100404"Surface Water Regulatory Compliance Wetlands"to project 100720"Southern Rivers Watershed II". Operating Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/26-06/32 530,368 Design 07/26-06/32 1,750,215 Site Acquisition 07/26-06/32 1,054,107 Utility Adjustment 07/26-06/32 218,778 Construction 07/26-06/32 4,547,908 Contingencies 07/26-06/32 633,624 Total Budgetary Cost Estimate: 8,735,000.00 Means of Financing Funding Subclass Amount Local Funding 8,735,000.00 NO MAP REQUIRED Total Funding: 8,735,000.00 1 � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 16, 2026 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from the City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by the City Council biannually and, if issued, shall be valid for a period of two years. ■ Considerations: The following renewal applications have been received and evaluated by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies, and EMS recommends renewal of each of them: American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City Manager: �02 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed 8 on a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the 11 following agencies: American Medical Response Mid-Atlantic, Inc.; Children's Hospital 12 of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; 13 Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance 14 Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater 15 Medical Transport, Inc.; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH; 23 24 1. That the City Council hereby grants renewed permits to the following agencies: 25 American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's 26 Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Nightingale 27 Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance 28 Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and 29 Tidewater Medical Transport, Inc. 30 31 2. That these permits shall be effective from July 1, 2026 to June 30, 2028. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Medical Services City Atto ey's OfficLy CA17240 R-1 May 22, 2026 Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name (print) AM9it,-A4 Mtdren 1 R�r .,�d M.d- .4-r14,.T.�,2„e_ . Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s)and contact SERVICE information used for the service(s) listed in Box-A. If none,indicate N/A. ❑ Q Accounting and/or preparation of tax AMR (internal) returns Financial Services (including: banking institutions, lending institutions, and Bank of America current mortgage holders as applicable) s) Legal Services AMR (internal) CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X �_ - APPLICANT'S SIGNATURE PRINT NAME&Title DATE Rev 0&2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name::Children's Hospital of The King's Daughters Mobile ICU (print), Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO — ��- Box a �---- BOX B SERVICE List all company name(s)and contact information used for the service(s) listed in Box-A. If none,indicate N/A. KPMG LLP F F Accounting and/or preparation of tax returns Financial Services (including: bankingl See Attached institutions, lending institutions, and current mortgage holders as applicable) IS) See Attached Legal Services XX) E CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X APPI-5 'S SIGNATURE S McClain,Manager 5/6/2026 i { PRINT NAME&Title I DATE FINANCIAL SERVICES USED BY CHILDREN'S HEALTH SYSTEM, INC. 1. Bank of America 2. PNC I TowneBank 4. US Bank 5. BB&T 6. Wells Fargo LAW FIRMS USED BY CHILDREN'S HEALTH SYSTEM,INC. AND WS SUBSIDIARIES—Contact Names and Numbers LAW FIRMiv Arnold&Porter LLP 601 Massachusetts Ave.,NW Washington,DC 2001-3743 Kevin O'Nell Phone: 202-942-6563 KE, m Baker&Hostetler LLP 811 Main Street Suite 1100 Houston,TX 77002-6111 Susan Feigin Harris,Partner Phone: 713-646-1307 sharriS&bakerlaw.com Baker,Donelson,Bearman,Caldwell&Berkowitz,PC One Eastover Center 100 Vision Drive,Suite 400(Zip:39211) Post Office Box 14167 Jackson,MS 39236 Brad Moody,Esq.;Layna Rush,Esq. Phone: 601-351-2420 Fax: 601-592-2420 bmoodvCbakerdonelson.com www.bakerdonelson.com Butler Snow LLP 1020 Highland Colony Parkway,Suite 1400 Post Office Box 6010 Ridgeland,MS 39158 Kevin White,Esq. Phone: 601-948-5711 Fax: 601-985-4500 K .com Cooper,Spong&Davis,P.C. 200 High Street,Suite 500 Portsmouth,Virginia 23705 Steve Leon,Esq, Phone: 757-397-3481 sleon@portsiaw.com Dennis Ryan 6846 Karolina Way Sun Prairie,Wl 53590 Phone:757-869�6106 Denr54_ 84iaol.cpm Duane Morris LLP 88 Hammond Street,Suite 500 Bangor,ME 04401-4953 Gregory A.Brodek,Esq. Phone:207 262 5440 Fax:207 4331164 CAl3rodekta)duanemor6s.com Fraim&Fiorella,P.C. 150 Boush Street Norfolk,VA 23510 Paul Fraim,Esq. Phone:757-227-5900 pfraimOff-legal.com Gaynor Law Center,P.C. 440 Monticello Avenue,Suite 1800 Norfolk,VA 23510 Todd Gaynor,Esq. Phone:(757)828-3739 Fax:(757)257-3674 E-mail: tgaynor@gaynorlawcenter.com Hancock,Daniel&Johnson,P.C. f.k.a.Hancock,Daniel,Johnson&Nagle,PC PO Box 72050 Richmond,Virginia 23255 Jim Daniel,Esq.,Kim Daniel,Esq.,William Hall,Esq., Mary Malone,Esq.,Michael Newby,Esq. Phone: 804-967-9604 Fax: 804-545-4237 Horty,Springer&Mattern 4614 Fifth Avenue Pittsburgh,Pennsylvania 15213 Lee Ann Mitchell,Esq. Phone: 912-687-7677 Fax: 412-687-7692 Imitcheli@hortvsurineer.com Hunton Andrews Kurth LLP f.k.a.Hunton&Williams LLP 951 East Byrd Street Richmond,VA 23219 Wyatt A.Deal,Esq.,James Seevers,Jr.,Esq. Phone: 804-788-8502 Fax: 804-343-4656 wdeal AftntonAK.com Jackson Lewis P.C. 701 East Byrd Street,17`h Floor Richmond,VA 23219 Courtney Malveaux,Esq. Phone: 804-649-0404 Fax: 804-649-0403 Cou,cne,.tvla Iveaux6Uacksonlewis.com Kaufman&Canoles PO Box 3037 2 Norfolk,Virginia 23514 Jason Davis,Esq. Phone: 757-524-3119 rdavis4'u-kaufcan.com Mary Beth Sherwin,Esq. Phone: 757-024-3244 i Fax: 757-624-3169 mesherwin aka aufcan.com Eric Ballou,Esq.,Megan Gilliland,Esq. McDermott Will&Emery 444 West Lake Street,Suite 4000 Chicago,IL 60606-0029 Ashley M.Fischer,Esq. Phone: 312-984-7766 I Fax: 312-984-7700 AMF mwe.com McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond,VA 23219 Phone: 804-775-1000 Fax: 804-775-1061 McIntyre Stein&Ashby PLLC 101 W.Main Street,Suite 920 Norfolk,VA 23510 I John McIntyre,Esq. Phone:757-961-3933 imcintyreftmsa..law Mitchell Law Group 221 South Alfred Street,First Floor Alexandria,Virginia 22314 Byron Mitchell,Esq. Karl Jackson,Esq, Phone: 703-782-8900 Fax: 703-782-8910 bmitchell mitchell-lawaro.com kiackson0mitchell-lawgrp com Morgan Lewis&Bockius 1000 Louisiana Street,Suite 4000 Houston,TX 77002-5005 Susan Feigin Harris,Esq. Phone: 713-890-5733 Fax: 713-890-8001 susan.harris�mor.anlewis.com NB Law Group,PLLC 999 Waterside Drive,Suite 2204 Norfolk,VA 23510 Neal P.Brodsky,Esq. Phone: 757-222-0356 Fax: 757-333-4197 nbrodsky6Driblawgroyp.net 3 O'Hagan Meyer 411 E.Franklin Street,Suite 500 Richmond,VA 23219 Coreen Silverman,Esq. Phone:804-403-7100 csilverrran oha anmeyer.com Steve Dyer Law,LLC 341 Dagullah Way, Unit A Pawleys Island,SC 29585 Steve Dyer,Esq. Phone: 843-301-5601 steve@stevedrypriaw.com Terry Frank Law 109 E.Grace Street Suite 001 Richmond,VA 23219 Terry C.Frank,Esq. 804.477.4955 Fax:844.906.2455 terrv@terrvfranklaw.com Troutman Pepper Hamilton Sanders LLP (formerly known as Troutman Sanders,LLP) 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 Robert Beaman,Esq. Phone: 757-687-7547 Robert.BeamgnLWtTputmansanders,c 4 r RJ Nutter,Esq. Phone: 757-687-7502 Fax: 757-687-7510 Valverde Law PLLC 397 Little Neck Road 3300 Building,Suite 205 Virginia Beach,VA 23452 Hugo R.Valverde,Esq. Phone:757-422-8472 hugo@valverdelpw.com Webster,Chamberlain&Bean,LLP 1747 Pennsylvania Avenue,NW Washington, DC 20026 Charles M.Watkins Phone: 202-785-9500 Fax: 202-835-0243 gj atkins, -b.com Willcox&Savage 440 Monticello Avenue,Suite 2200 Norfolk,Virginia 23510 Rob Dewey,Esq. Phone: 757-628-5580 William Furr,Esq. Phone: 757-628-5651 4 Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name: LifeCare Medical Transpor (print) Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s)and contact SERVICE information used for the service(s) listed in Box-A. If none, indicate N/A. Accounting and/or preparation of tax Priority Ambulance Corp returns Financial Services (including: banking institutions, lending institutions, and Wachovia-Wells Fargo V�I current mortgage holders as applicable) (s U Legal Services Priority Ambulance Corp 0 CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. Digitally signed by Ryan Petty X Ryan Pet tyDate:2026.05.21 10:14:06-04'00' APPLICANT'S SIGNATURE Ryan Petty - VPO 5/21/2026 PRINT NAME&Title DATE Rev 0&202b DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name.; MB Solutions (print] Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO sox A Box B SERVICE List all company name(s)and contact information used for the service(s) listed in Box-A. If none,indicate N/A. Q Q Accounting and/or preparation of tax Medical Management Con: returns Financial Services (including: banking Q institutions, lending institutions, and Wells Fargo current mortgage holders as applicable) r1:1 e Sep:EA mpahhy ILLegal Services :A:ising N 'ysed. /19/2026 CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. x/f .r k; � APP NT'S SIGNATURE John Carvalho PRINT NAME&Title DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Sentara Healthcare/Nightingale Regional Air Ambulance Indicate if you receive any of the following services, and if so, from whom: YES ONO SERVICE Fik0—`V1DE-R—(U-se additional sheets if needed) Tax return is prepared by our internal accounting department. X Accounting and/or preparation of i Reimbursement tax returns consulting services are performed by Dixon Hughes Goodman LLC and PB Mares. Truist Bank, TD Bann, Wells Fargo Batik, Bank of America/Merrill synch, Illinois Ea k and Financial Services (include bank X � institutions, lending institutions, Trust, American National and current mortgage holders as Bank, JP Morgan Chase, applicable) Bank, Barclays, Citibank, Goldman Sachs, s Towne Bank, Old Point Bank, First Citizens Bank. Willcox and Savage PC; Williams Mullen; McGuire Woods; F Kaufman and Conoles; Poole Brooke Plumlee Kutak Rock X Legal Services K&L Gates Epstein, Becker, Green LeClair Ryan; Wolcott, Rivers, Gates; Serrateli, Mijal; Patten Wornum, 11'E9��Ft�'�h90Ms�t"'K AJn }(TYIFSK�kL:C!'S5-AFPRi9F�Ei-p'a�N1417ar.wsty'�YFli�<a,rtlMbsat�,--�-pns'wsc ccrawr.rsdrrs�ate.. `,1W7oe._�'*k'"�;' ta:�,G�s b'�,�Y7p.,',N„,-�Klt+llt t�s-.4'�rw,stcw�;t+ditch+4lIFMY 'i'.aa:'ar^.ma=Y•xeas:rCmrs'w[a+cw;rs Sre*'�x-111�1IL00f Hatten and Diamonstein; i CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S SIGNATURE Denise Baylous PRINT NAME DATE �twao..or�ersw«.mm.Ms��s.x..�rcc�w:-9ct�lleciruuceer-�r,r-wc�-u.,��sk--cc-,m:rs�c-an-r�-y x. Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name: Reliance Medical Tran6 (print) Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s)and contact SERVICE information used for the service(s) listed in Box-A. If none,indicate N/A. a Accounting and/or preparation of tax Please see attached returns Financial Services (including: banking �¶ institutions, lending institutions, and Please see attached V�1 current mortgage holders as applicable) (s) Please see attached 0- U Legal Services CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X (f APPLICANT'S SIGNATURE Elizabeth Nethery, Director f perations 05/20/2026 PRINT NAME&Title DATE Rev 06.2024 DISCLOSURE STATEMENT FORM The.Virginia Beach City Council requires you to declare relationships to certain service. providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. ,A"MQ LEAVE AiV C SIR 1CFS BLAME: INDICATE /A__FF RIOT APPLICABLE Organization nam (print) es -m6�0L* ce Sarui*ee- , .hoes the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s)and contact SERVICE information used for the service(s) listed in Box-A_ if none,indicate N/A. Accounting and/or preparation of tax i ✓❑ returns Doe-OA -T�0SC Sarui Financial Services (including: banking institutions, lending institutions, and ` current mortgage holders as Fes- applicable) s) Legal Services CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. xPLIC APANT, SIG TURE JENNI VILLANUEVA 05/14l26 PRINT NAME&Title DATE Rev 06-2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name: Special Event Providers o� (print) Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES NO Box A Box B List all company name(s)and contact SERVICE information used for the service(s) listed in Box-A. If none, indicate N/A. a Accounting and/or preparation of tax Karen Fittler-757-422-466 returns Financial Services (including: banking institutions, lending institutions, and Towne Bank - Debbie Mil16 V�I current mortgage holders as applicable) (S� Legal Services Paul Fraim - 757-227-592d CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. J;cr�XJ,,N,/\ f A� APPLICANT'S SIGNATURE Tom Martin PRINT NAME&Title President DATE05-05-2026 Rev 0&2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. DO NOT LEAVE ANY SPACES BLANK. INDICATE N/A IF NOT APPLICABLE Organization name: TIDEWATER MEDICAL© (print Does the organization or any of the organization's key officers receive any of the services listed in Box-A? If YES, then in Box B, please list all companies and their contact information that provide those services from Box A. If necessary, attach an additional page. YES ' NO Box A I BOX B I I list all company name(s)and contact SERVJCF Errturmaftorr used(ur the service(sl listed in Box-A. if none,indicate N/A. j Accounting and/or preparation of tax E.CLARK & COMPANY 7 W-1 returns Financial Services (including: banking ! institutions, lending institutions, and TOWNS BANK ANGELA 7r I EY tt current mortgage holders as �j j L applicable) ` �" r�� 11 s) DOMIN€C LASCARA 757-� € ./ Legal Ser�rices 712 _ to -10 3 g- CERTIFICATION: I certify that all of the information contained on this Disclosure Statement is complete, true, and accurate. I understand 1 am responsible for updating the information provided herein if it changes prior to the Council action upon our permit Application. X �`C t APPLI ANT-S SIGNATURE: BARBARA SMITH PRESIDENT& OWNER 05-20-2026 PRINT RAME&Tine DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Endorse a Tourism Project and Authorize Other Actions Consistent with the State Tourism Gap Financing Program MEETING DATE: June 16, 2026 ■ Background: On March 13, 2012, the City Council created a Tourism Zone and a process (the "Policy") for evaluation of applications to utilize the Virginia Tourism Gap Financing Program authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1-3851.1 (the "State Tourism Program"). CLM Watermans Hotel, LLC ("Developer") plans to redevelop an existing structure located at 2809 Atlantic Avenue in Virginia Beach (the "Property") into a Hotel Indigo (the "Project") and has submitted the application and financial information to the City. The City of Virginia Beach (the "City") has completed the following steps as required by the State Tourism Program to make the Project eligible to receive tax revenues authorized by the State Tourism Program: (a) established a Tourism Zone in which the Project is located, by ordinance adopted on March 13, 2012; and (b) adopted a tourism marketing plan titled the "Resort Area Strategic Action Plan 2030" adopted by City Council in June 2020. The Policy further requires that an Ordinance be adopted endorsing the Project to meet a deficiency identified in the Resort Area Strategic Action Plan 2030, which is the need for more high-quality hotels, and designating one percent (1%) of the local sales and use tax generated by transactions taking place at the Project, ■ Considerations: After submission of the application, City staff undertook a review of the applicable facts contained therein. Based upon the Developer's representations, the Project: (a) will include a minimum capital investment of approximately $19 million; (b) when complete, will provide taxable sales of approximately $15 million annually; (c) when complete, will increase year-round employment; (d) fill a void identified in the City's Resort Area Strategic Action Plan 2030; (e) is located in the City's Tourism Zone; and (f) has submitted proof of the need for gap financing to the satisfaction of the City's Director of Finance. The attached ordinance is required prior to forwarding the application to the Virginia Tourism Corporation (the "VTC"). Upon approval by the VTC, the City and the City of Virginia Beach Development Authority are required to enter into a performance agreement attached to the Ordinance as Exhibit A. On June 9, 2026, the Authority adopted a Resolution agreeing to participate in the furtherance of the Project by entry into a performance agreement that meets the requirements of the State Tourism Program, and such other actions contemplated by such statute, subject to City Council's approval. ■ Public Information: Public information will be provided through the normal Council agenda process. The Authority approved this matter on June 9, 2026, subject to City Council approval. ■ Attachments: Ordinance, Draft Performance Agreement (Exhibit A), Location Map, Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 AN ORDINANCE TO ENDORSE A PROPOSED 2 TOURISM PROJECT AND AUTHORIZE OTHER 3 ACTIONS CONSISTENT WITH THE STATE 4 TOURISM GAP FINANCING PROGRAM 5 6 WHEREAS, on March 13, 2012, the City Council created a Tourism Zone and a 7 policy "Guidelines for the Tourism Project Gap Financing Program" (the "Policy") for 8 evaluation of applications to utilize the Virginia Tourism Gap Financing Program 9 authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1- 10 3851.1 (the "State Tourism Program"); 11 12 WHEREAS, in June 2020, the City Council adopted a tourism marketing plan 13 titled the "Resort Area Strategic Action Plan 2030" ("RASAP") that identifies a need for 14 transitioning older hotels along the oceanfront to higher quality accommodations and 15 building inventory that promotes year-round visitation; 16 17 WHEREAS, the entitlement to revenues established by the State Tourism 18 Program does not create debt of the Commonwealth of Virginia ("State"), the City, or the 19 City of Virginia Beach Development Authority ("Authority"); 20 21 WHEREAS, the City has received an application from CLM Waterman Hotel, LLC 22 ("Developer") requesting financing assistance pursuant to the State Tourism Program 23 and the Policy; 24 25 WHEREAS, Developer plans to redevelop an existing structure located at 2809 26 Atlantic Avenue in Virginia Beach (the "Property") into a Hotel Indigo (the "Project"), 27 which requests assistance in a funding gap of $5,000,000, which is approximately 26% 28 of the projected cost of the Project; 29 30 WHEREAS, the City staff has reviewed the application from Developer and finds 31 the Project to have the following attributes described in Section 5.2 of the Policy: (a) a 32 minimum capital investment of$19 million; (b) when complete, will provide taxable sales 33 of at least $15 million annually; (c) when complete, will increase year-round 34 employment; (d) fills a void identified in the City's RASAP; (e) is located in the City's 35 Tourism Zone; and (f) has submitted proof of the need for gap financing to the 36 satisfaction of the City's Director of Finance; 37 38 WHEREAS, on June 9, 2026, the Authority approved the proposed performance 39 agreement, subject to City Council's concurrence; 40 41 WHEREAS, to meet the requirements of the State Tourism Program, the City 42 and the Authority are required to execute a performance agreement, a draft of which is 43 attached hereto as Exhibit A; 44 WHEREAS, both the Authority (Applicant) and Developer agree to pay their 45 contributions and access fees towards principal and interest on the gap financing and 46 any excess amounts collected towards principal on the gap financing until the gap 47 financing is paid in full, set forth in State Tourism Program pertaining to the entitlement 48 of certain state tax revenue from tourism projects; and 49 50 WHEREAS, City Council is of the opinion that the proposed Project would 51 stimulate the economy to the betterment of the City. 52 53 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA, THAT: 55 56 1. City Council endorses the Project for purposes of the State Tourism 57 Program, and accordingly, City Council finds that the Project meets a void identified in 58 the City's RASAP. 59 60 2. Subject to approval and certification by the State, and conditioned upon 61 the execution of a performance agreement between the Developer, the City, and the 62 Authority, City Council hereby designates to the Project and directs, subject to 63 appropriation of such funds to the Authority, an amount equal to the revenues 64 generated by one percent (1%) local sales and use tax generated by transactions taking 65 place at the Property be applied to the payment of the principal and interest on the 66 qualified gap financing for the Project for the duration and the purposes set forth the 67 State Tourism Program. 68 69 3. Upon collection and quarterly remittance of revenues by the State and the 70 access fee, as that term is defined by the State Tourism Program, by the Developer of 71 the Project, the City will remit such amounts to the Authority as required by the State 72 Tourism Program. 73 74 4. The City Manager is authorized and directed to take actions consistent 75 with the intent of this ordinance including, without limitation, execution of a performance 76 agreement between the Developer, the City, and the Authority, a draft of which is 77 attached hereto as Exhibit A, and made a part hereof. 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 [Approved by Emily L. Archer] Economic Development City Attorney CA17167 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d009\p055\01137747.docx R-1 June 10, 2026 6.9.26 EXHIBIT A PERFORMANCE AGREEMENT CITY OF VIRGINIA BEACH,THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AND CLM WATERMANS HOTEL,LLC THIS PERFORMANCE AGREEMENT (the "Agreement") is entered into as of , 2026, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia(the"Authority"),and CLM WATERMANS HOTEL,LLC,a Virginia limited liability company (the "Developer"). Collectively, the,,City, the Autho ity, and the Developer shall be referred to herein as the"Parties." RECITAL . A. Developer plans to redevelop an existing structure located at 2809 Atlantic Avenue in Virginia Beach (the "Property") into a Hotel Indigo (the "Project'). The relevant specifics of the Project are provided on Exhibit A attached hereto. B. The Virginia Code at Section 58.1-3851.1 provides a mechanism by which a tourism project may utilize specific funding streams to pay for "gap financing" as that term is defined in Section 58.1-3851.1; and ° i C. The City has completed the following steps as required by Section 58.1-3851.1 to make the Project eligible to receive tax revenues authorized by Section 58.1-3851.1: (1) established a Tourism Zone in which the Project is located by ordinance adopted on March 13, 2012; (2) adopted a tourism marketing plan titled the "Resort Area Strategic Action Plan 2030" adopted by City Council in June 2020; and (3) adopted an ordinance on �_] endorsing the Project to meet a deficiency identified in the Resort Area Strategic Action Plan,which is the need for more high-quality hotels, and designating one percent (1%) of the local sales and use tax generated by transactions taking place at the Project. D. In the [ ,2026] ordinance,the City confirmed it is willing to provide the required local revenues for the purposes and in furtherance of Virginia Code Section 58.1-3851.1. E. As required by Virginia Code §58.1-3851.1(D),Developer has secured a term sheet for a minimum of seventy-three and eight-tenths percent(73.8%)of funding for the Project through 1 6.9.26 debt and equity. Gap financing will be necessary to meet the shortfall in funding for the Project between the debt and equity secured by the Developer and the expected development costs. The attached Exhibit B describes the gap financing in more particularity and provides an amortization schedule. The Parties understand the amortization schedule is based upon estimates and is not binding upon a Party. F. As required by Virginia Code §58.1-3851.1 and in furtherance of the public purposes for the same, the Authority, the City, and the Developer agree to enter into this Agreement upon the terms and conditions set forth herein. G. The City and the Authority have agreed to offer, and the Developer has agreed to accept the incentives expressed in this Agreement in exchange for the performance promised within and required by the Agreement. H. The Authority authorized its Cliff of Vice to enter this agreement by IMN h '., resolution dated June 9, 2026. AGREEMENT NOW, THEREFORE, in and for the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the City, the Authority, and the Developer do hereby mutually agree as follows: IF 1. Term of Agreement. The term of this agreement shall run concurrently with the term of the Qualified Gap Financing, defined below, obtained in connection with the Project(the "Term") and shall end at such time as the Qualified Gap Financing is (i) paid in full at the expiration of the term of the Qualified Gap Financing; or(ii) repaid prior to the expiration of the term of the Qualified Gap Financing; or(iii)refinanced(except to obtain a more favorable interest rate); or (iv) otherwise paid in full at any time. 2. Required Capital Investment/Jobs. The required capital investment and the approximate number of jobs created by the Project as well as the Developer's obligation to provide seventy-three and eight-tenths percent(73.8%)of funding for the Project is set forth on Exhibit A hereto. 3. Access Fee. A. The Developer will impose an access fee(the"Access Fee")that is equal to the one cent of the Virginia Sales and Use taxes generated at the Project. This Access Fee shall be in addition to any other taxes or levies imposed by general law. 2 6.9.26 B. The calculation of the quarterly amount of the Access Fee will be provided to the Developer by the City upon receipt of the quarterly report of Sales and Use Tax from the Commonwealth of Virginia(the"State"). The City will forward this report to the Developer, and the Developer will remit this Access Fee to the City as soon as practicable but not later than thirty (30) days after being in receipt of the amount provided by the City. The City will forward the Access Fee to the Authority as required by law. 4. Performance Incentive Payment. As detailed in Exhibit B, the Parties have identified $5,000,000 for the Project as the amount of"Qualified Gap Financing" for purposes of this Agreement and expressly subject to the treatment required in Virginia Code §58.1-3851.1. Subject to appropriation of such funds for such purposes by the respective governing bodies,the Authority shall receive(1)quarterly payments from the City in an amount equal to one cent of the Virginia Sales and Use Tax generated by transactions occurring upon the premises of the Project (the "City Contribution") and (2) quarterly payments from the State, by way of the City, in an amount equal to one cent of the Virginia Sales and Use Tax generated by transactions occurring upon the premises of the Project (the "State Contribution," and together with the City Contribution, the "Public Contribution"). Additionally, the Authority will receive the Access Fee, by way of the City, as provided in the previous section (the Access Fee together with the Public Contribution, the "Performance Incentive Payment"). The Performance Incentive Payment will be paid by the Authority to the financial institution from which the Developer acquired its gap financing. The Authority will not pay the Public Contribution to the financial institution unless and until it receives the Access Fee from the Developer. The Performance Incentive Payment shall not be provided to the Developer directly. The Performance Incentive Payment may only pay principal and interest upon the Qualified Gap Financing and shall not be directed to pay any fees or charges of any kind.The Performance Incentive Payment will be subject to any restrictions or limitation set forth in Virginia Code §58.1-3851.1, but so long as the requirements of Virginia Code §58.1-3851.1 are met the Performance Incentive Payments shall continue. The Performance Incentive Payment shall cease at the time the gap financing has been paid. Any refinancing or material change in such financing may result in the termination of the Performance Incentive Payment. Both the City,Authority(Applicant) and Developer agree to pay the their contributions and access fees towards principal and interest on the gap financing and any excess amounts collected towards principal on the gap financing until the gap financing is paid in full,set forth in 3 6.9.26 §58.1-3851.1 of the Code of Virginia pertaining to the entitlement of certain state tax revenue from tourism projects 5. Non-Recourse to Authority, City, and State. As provided by Virginia Code §58.1-3851.1,the Developer is responsible for the repayment of the Qualified Gap Financing, and there is no recourse for this debt against the Authority,the City, or the State. 6. Non-Appropriation. It is understood and agreed between the Parties to this Agreement that the City and the Authority shall only be bound and obligated hereunder to the extent that funds required to be paid or remitted by the City or the Authority are appropriated and budgeted by the appropriate governing body. 7. Project Information and Right to Audit. The Developer shall provide any information required or needed to assist in obtaining certification by the State Comptroller and the Treasurer of the Authority,or other appropriate officer of the Authority, for entitlement to the one percent(1%)of sales and use tax,from the both the City and the State,on transactions taking place or arising from the Project. The Developer shall file with the Treasurer of the Authority, or other appropriate officer, an annual Performance Report by March I of each year, which will contain sufficient documentation to establish compliance with all criteria of this Agreement.The Authority will provide the Performance Report to the Virginia Resources Authority("VRA"). The Authority will submit an annual certification of the Developer's performance under this Agreement. The Authority shall have the right to audit books and records (in whatever form they may be kept, whether written, electronic or other) specifically pertaining to gross sales figures of the Project as relevant to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of the Developer, including, but not limited to, those kept by the Developer, its employees,agents, assigns, successors and sub-users.Any Authority requested audit will be at the expense of the Authority and will be conducted after reasonable advance written notification is given to the Developer. The Developer shall maintain such books and records,together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least five years following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials, shall be made available,upon request,to the Authority,through their employees,agents, representatives or other designees,during normal business hours at the Developer's office or place 4 6.9.26 of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the Authority. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the Authority may have by State, City or Federal statute, ordinance, regulation or agreement, whether those rights, powers or obligations are express or implied. 8. Default; Right to Cure. In the event of any default;by the Developer under this Agreement,the Authority or the City will provide written notice of default and the Developer shall have a period of thirty (30) days to cure such default, except that if the default cannot be cured within such thirty (30) day period, then the Authority in its reasonable discretion may permit the Developer to continue to cure such default until completed. If such default is not cured, then the Authority or the City shall notify the State Comptroller and as its sole and exclusive remedy against the Developer under this Agreement the Authority or the City may revoke or terminate this Agreement. Upon any termination or similar event,any Performance Incentive Payment earned to the date of such notice of default shall be processed and provided in accordance with this Agreement. 9. Assignment. This Agreement is binding upon and shall insure to the benefit of the Parties and their respective successors and assigns. The Developer may assign this Agreement, with the prior written consent of the Authority and the City, which consent shall not be unreasonably withheld., 10. Nondiscrimination; Drug-Free Workplace. A. During the Term of this Agreement,the Developer agrees as follows: (i) The Developer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Developer. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) The Developer in all solicitations or advertisements for employees 5 6.9.26 placed by or on behalf of the Developer, will state that the Developer is an equal opportunity employer. (iii) Notices, advertisements and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. (iv) The Developer will include the provisions of the foregoing subsections(i),(ii)and(iii)in every contract,subcontract,or purch er of over Ten Thousand Dollars($10,000.00), so that the provisions will be binding up , contractor,subcontractor or vendor. � B. During the performance of this.:Agreement, the %yeloper agrees as follows: (i) The Developerprovide rug-free e for the Developer's employees. (ii) The Developer will provide in its employee handbook, available to employees and applicants for employment, a statement notifying employee to the effect that the unlawful manufacture, sale,distribution, dispensation,possession,or use of a controlled substance or marijuana is prohibited in the Developer's workplace and specifying the actions that will be taken against employees for violations of such prohibition. (iii) The Developer will include the provisions of the foregoing subsections(i),(ii) and (iii)in every contract, subcontract or purchase order of over Ten Thousand Dollars($10,000.00), so that the provisions will be binding upon each contractor,subcontractor or vendor' r (iv) The De oper will state in all advertisements or solicitations for 1 employees that the Developer maintains a drug-free workplace. 11. Notification By Authority. The Authority agrees to notify the State Comptroller and the State Tax Commissioner when the debt from the Qualified Gap Financing is retired and the Project is no longer eligible to receive tax revenues to repay such Qualified Gap Financing. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the matters covered by this Agreement and no conflicting agreement, statement,or promise made by any party or to any employee, officer, or agent of any party which is not contained in this Agreement shall be binding or valid. 6 6.9.26 13. Amendments. This Agreement may be modified only by a writing signed by the Parties. 14. Notices. All payments,sums,notices,demands,reports,or requests from one party to another may be personally delivered or sent by mail, certified or registered, return receipt requested,postage prepaid to the addresses below, and shall be deemed to have been given at the time of personal delivery or at the time of receipt. All notices, demands, or requests from a Party to the AuthoXnt iven to the Authority: City of Virginia Beach Develpity Attention Chair R 4525 Main Street, Suite 700 it Virginia Beach, VA 23462 With copy to: City of Virginia Beach Attn: City Attorney 2401 Courthouse Drive, Bldg. 1 Virginia Beach, VA 23456 All notices, demands, or requests from a Party to the City shal I be given to the City: City of Virginia Beach Attn: City Manager 2401 Courthouse Drive, Bldg. 1 Virginia Bch, VA 23456 With copy to: City of Virginia Beach Attn: City Attorney �. 2401 Courthouse Drive, Bldg. 1 Virginia Beach, VA 23456 All notices, demands. or requests from a Party to the Developer shall be given to the Developer: CLM Watermans Hotel,LLC E" Attention: 415 Atlantic Avenue Virginia Beach, VA 23451 With a copy to: Sykes, Bourdon,Ahern&Levy,P.C. R. Edward Bourdon, Jr., Esq. 4429 Bonney Road, Suite 500 Virginia Beach, VA 23462 7 6.9.26 Either party may change its address for notices from time to time by giving notice of its new address to the other party pursuant to this paragraph. 15. Relevant Law-Venue. A. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia,and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the Parties in the Commonwealth of Virginia. � B. The Developer shall comply with all federal, state and local statutes, ordinances,and regulations now in effect or hereafter adopted,in the performance of its obligations set forth herein. The Developer further expressly represents that it is a Virginia limited liability company duly organized and existing under the laws of Virginia, will so remain throughout the term of this Agreement and is authorized to transact business in the Commonwealth of Virginia. C. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach or in the United States District Court for the Eastern District of Virginia,Norfolk Division. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ] 8 6.9.26 IN WITNESS WHEREOF,this Agreement has been executed on behalf of the Authority, and the Developer as of the date first set forth above. AUTHORITY: THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY,a political subdivision of the Commonwealth of Virginia By: Chair/Vice Chair COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing Performance Agreement was acknowledged before me this day of , 2026, by , Chair / Vice Chair of the Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia. ANW NOTARY PUBLIC My Commission Expires: My Registration Number: low wy APPRO TO CON T: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney 9 6.9.26 CITY: THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: City Manager/Authorized Designee COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH /dgeed The foregoing Performance Agreement was ac e me this day of 2026, by City Manager / Authorized Designee of the City of Virginia Beach,a municipal corporation of the Commonwealth of Virginia. aka: NOTARY PUBLIC My Commission Expires: My Registration Number: APPROVED AS TO CONTENT.- PROVED AS TO CONTENT: Budget anagement Se i s Finance Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 10 6.9.26 DEVELOPER: CLM WATERMANS HOTEL,LLC a Virginia limited liability company By: Name: Title: a . COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing Performance Agreement was acknowledged before me day of , 2026, by , as of CL atermans Hotel,LLC, a Virginia limited liability company, on its behalf'po NOTARY PUBLIC My Commission Expire My Registration Nu A 11 6.9.26 EXHIBIT A HOTEL INDIGO The Developer will close the existing hotel on the Property and redevelop and operate it as a Hotel Indigo with approximately_to_rooms with the following minimum investment and job creation: a. The Project will support the employment of approximately 45 year-round employees with seasonal employees rising to approximately 75. b. The Developer will provide a minimum investment of approximately $19 million in the Project. C. All obligations of the Authority and/or City herein are contingent on Developer in fact obtaining a minimum of seventy-three and eight-tenths percent (73.8%) of funding for the Project through debt and equity and meeting all other requirements of Virginia Code'§58.1-3851.1. r� H JV h 2 ., , a 12 6.9.26 EXHIBIT B QUALIFIED GAP FINANCING The Qualified Gap Financing is: $5,000,000 The Parties expect annual sales of: $15,000,000 The State portion is estimated to be: $150,000 The City portion is estimated to be $150,000 The Developer(Access Fee) portion is estimated to be $150,000 For purposes of calculating the expectations set for in this exhibit, an interest rate of 6% applies. The Project comes on line in fourth quarter 2027. Accordingly, the expectation of the Parties is for amortization to take years with the below as a rough estimate. Principal Interest Total Debt Gap Payments Debt less Payments 2027 $5,000,000 2028 $ 2029 $ $ 2030 $ $ 2031 $ 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 13 LOCATION MAP z r i f i 2809 Atlantic Avenue (GPIN: 2428-01-9441) '- i y, a � t v 2$-(µ � m t � a m r w 271 S1 DisclosureCITY OF VB 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 CLM Watermans Hotel, LLC Is Applicant also the Owner of the subject property? YesQ NoQ If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese No0 If yes, name Representative: Eddie Bourdon (legal counsel) and Ed Denton (developer) 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 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Michael J. Standing Jr, Manager, see attached affiliated entity list. Additional members TBD. Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: CLM Watermans Hotel, 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() 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 Colonial Inn Holdings, LLC and Towne cross-collateralization, etc.) Rank Real Estate Broker/Agent/Realtor 0 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 G Q Forvis Mazars Architect/Designer/Landscape © SCNZ (architect), Design Poole (designer) Architect/Land Planner Construction Contractor Q' Q Paramount Commercial Renvoations, Inc. Engineer/Surveyor/Agent Q Q MSA (civil engineer) Legal Services Q Sykes Bourdon Ahern & 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 has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Michael J Standing Jr Of Standing(Jun 4,2026 08:44:44 MDT) 06/03/2026 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 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): 06/03/2026 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 Best Kitty Hawk, L.L.C. Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? Yes©i No© If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Michael J. Standing, Jr, see attached affiliated entity list. Does the subject property have a proposed or pending purchaser? YesO No© If yes, name proposed or pending purchaser: CLM Watermans Hotel, 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 Q 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, Q O Colonial Inn Holdings, LLC cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation (F) 0 Forvis Mazars Architect/Designer/Landscape O G)Architect/Land Planner Construction Contractor 0 G) Engineer/Surveyor/Agent 0 G) Legal Services 0 © Sykes Bourdon Ahern & Levy PC PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Michael Standing Jr 06/03/2026 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Michael J Standing Jr.Affiliated Entities Entity Name %Owner Eighteenth Street LLC 50 Foggs Seafood Company 100 Ch ix Seagrille LLC 100 Forest Holdings LLC 100 Crushfest LLC 100 South Shores LLC 100 Standing Properties 100 106 Ridge Road LLC 100 415 Atlantic LLC 100 Chix Land LLC 100 South Shore Management LLC 100 Goodspeed LLC 33 Best Kitty Hawk LLC 100 Waffi LLC 100 Waves 18,LLC 100 Festival LLC 100 Pacific Avenue Company 100 Parks Avenue LLC 50 Ocean Water LLC 50 Meme LLC 100 tA- S O �4: rfJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement to Pinky's LLC for Pedal Cab Operation in the Resort Area MEETING DATE: June 16, 2026 ■ Background: The use of bicycles, surreys, and other forms of pedal vehicles has become a popular, convenient, and eco-friendly form of transportation in the Resort Area. Many visitors and residents cannot take advantage of pedal vehicles due to age or health issues. Public transportation is not available to many of the restaurants located on Rudee Inlet, and taxi service is slow due to traffic congestion. The City previously granted franchise agreements to pedal cab operators in 2009, 2013, and 2014. Pinky's LLC recently submitted a proposal to the City to conduct a bicycle-style rickshaw pedal cab taxi service on public property in and around t h e Resort Area ("Pedal Cab Service"). Pinky's is requesting a franchise to offer Pedal Cab Service at various locations throughout the Resort Area for a period of one year with the option for one additional one-year term. ■ Considerations Pedal Cab Service will operate as a pilot program and will provide an additional transportation amenity for visitors and residents visiting the Resort Area. Operating criteria are included in the franchise agreement to ensure public safety and to minimize conflict with other pedal vehicles. City staff recommends approval of a one-year franchise agreement with the option for one additional one-year term. At the end of the one-year term, City staff will evaluate the pedal cab operation and adjust as needed to ensure the success of the operation. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance, Disclosure Form, and Summary of Terms Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Burea 1 City Manager: ?�p 1 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT 2 TO PINKY'S LLC FOR PEDAL CAB OPERATION IN THE 3 RESORT AREA 4 5 WHEREAS, the use of bicycles, surreys, and other forms of pedal vehicles has 6 become a popular, convenient, and eco-friendly form of transportation in the Resort 7 Area; and 8 9 WHEREAS, many visitors and residents cannot take advantage of pedal vehicles 10 due to age or health issues; and 11 12 WHEREAS, public transportation is not available to many of the restaurants 13 located on Rudee Inlet, and taxi service is slow due to traffic congestion; and 14 15 WHEREAS, the City previously granted franchise agreements to pedal cab 16 operators in 2009, 2013, and 2014; and 17 18 WHEREAS, Pinky's LLC recently submitted a proposal to the City to conduct a 19 bicycle-style rickshaw pedal cab taxi service on public property in and around 20 t h e Resort Area ("Pedal Cab Service"); and 21 22 WHEREAS, Pinky's is requesting a franchise to offer Pedal Cab Service at 23 various locations throughout the Resort Area for a period of one year with the option for 24 one additional one-year term; and 25 26 WHEREAS, Pedal Cab Service will operate as a pilot program and will provide 27 an additional transportation amenity for visitors and residents visiting the Resort Area; 28 and 29 30 WHEREAS, operating criteria are included in the franchise agreement to ensure 31 public safety and to minimize conflict with other pedal vehicles; and 32 33 WHEREAS, City staff recommends approval of a one-year franchise agreement 34 with the option for one additional one-year term; and 35 36 WHEREAS, at the end of the one-year term, City staff will evaluate the pedal 37 cab operation and adjust as needed to ensure the success of the operation. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That the City Council hereby grants a franchise agreement for pedal cab 43 operation to Pinky's LLC. 44 45 2. That the City Manager, or designee, is hereby authorized to execute a 46 franchise agreement with Pinky's, LLC in accordance with the attached 47 Summary of Terms and such other terms and conditions deemed necessary 48 and sufficient by the City Manager and in a form approved by the City 49 Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: " 06%A0jt/ 44�"� /"�, Conventi an Vi 'tors Bureau City Attorney's Office ��V � CA17254 R-1 June 3, 2026 Summary of Terms Franchise Agreement for Pedal Cab Operation in the Resort Area Franchisee: Pinky's LLC Nature of Franchise: Pedal Cab Operation in the Resort Area Term: Effective upon execution of franchise for one year Franchise Fee: $0.00 Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Number of Pedal Cabs: Minimum of 1 maximum of 20 pedal cabs shall be operated between 10:00 am and 3:00 am. Area of Operation: Pedal cab pick-up service may be offered along: (1)the bike path in the trolley lane on Atlantic Avenue,between Rudee Inlet and 42nd Street;2)Winston Salem Ave, 18th Street, 19' Street, 20 Street,25�' Street, 311 Street, 32"Street,401 Street; and 3)9th Street,between Atlantic Avenue and Birdneck Road,utilizing the multi-use trail only(collectively, "Premises"). Operational Criteria: The Agreement stipulates operational standards and safeguards including: • Pedal cabs shall be maintained in good working order and shall be aesthetically pleasing. • Pedal cabs shall have a proper working braking mechanism,headlights.and taillights. • Pedal cabs shall be subject to the operational and equipment requirements for bicycles and e- bicycles set forth in Virginia Code Section 46.2-1015 and the Code of the City of Virginia Beach, including,but not limited to, Section 7-64 • Pedal cabs shall be operated at a maximum speed of twenty-five(25)miles per hour. • Pedal cabs shall display a reflective"slow moving vehicle emblem"on the rear of the vehicle. A rear blinking red light and front facing steady white light will always be present and operational, similar to daytime running lights. • All pedestrians shall have the right of way and the Franchisee shall make every reasonable effort to protect the public's safety. • No pedal cab loading or unloading,or settling of bills, shall be done on Atlantic Avenue or travel portion of any roadway in the resort area.Loading and unloading along Atlantic Avenue will be conducted in connector parks and the 100 blocks of Atlantic Avenue,and for destinations off Atlantic Avenue within the designated pedal cab travel areas, loading and unloading shall take place in a safe location as close to the sidewalk as reasonably possible. • Pedal cabs shall be prohibited from staging in travel portions of public streets and sidewalks. Staging areas for pedal cabs shall be in non-travel portions of public streets,connector parks,and in streets on the one hundred blocks,where public access is available. • Pedal cab operators shall carry on their person,at all times during the operation of a pedal cab, a copy of the Operational Criteria contained herein. • Pedal cab operators must be present with passengers at all times during the Pedal Cab Service. • Franchisee shall provide to each of its employees attire which appropriately identifies the pedal cab ride operation. Such attire shall be approved by the CVB Resort Management Office. • Franchisee shall not sell, solicit, offer, distribute, or provide any information, written or oral, regarding any operation or service in connection to time shares,vacation packages, lodging accommodations,hotels,motels,inns,campgrounds,restaurants,retail stores and entertainment establishments. • Persons operating pedal cabs are prohibited from consuming alcohol and from using earphones and/or cell phones while operating a pedal cab. • F r a n c h i s e e shall post a sign in each pedal cab identifying the service fee,if any,for services provided. • Changes in the operational criteria shall require prior written approval of the City. • Persons operating pedal cabs shall follow all guidelines given by pedal cab manufacturers regarding pedal cab capacity. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits. Termination: City may terminate agreement for cause. Virgin fact, APPLICANT'S NAME Ire y°S L L 6 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Compliance, Economic Development Nonconforming Use Special Exception for Investment Program Changes EDIP Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board Franchise Agreement Chesapeake Bay Lease of City Property Subdivision Variance Preservation Area Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 9 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. FOR CITY USE ONLY 1 All disclosures must be updated two(2)weeks prior to any Page 1 of 1 Planning Commission and CiCouncil meeting thatpertains to the applications APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A') List the Applicant's name: 11'1 y S L L 6 If an LLC, lit all member's-na e 44zL., sir'► Jkt*i e— lf a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 21 PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER/S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 th 4*1 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY YE NO SERVICE PROVIDER(use additional sheets if Page 3 of 5 ' 0r ' s 1*40 nr r ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect I Land Planner Contract Purchaser(if other than the ❑ Applicant —identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property ❑ (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ ® Engineers I Surveyors/Agents Financing(include current mortgage holders and lenders selected or ❑ ® being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers/ El anticipated for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YE Does an official or employee of the City of Virginia Beach have an NO interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, Page 4 of 5 �t�m Virginia Beach true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public bodyor committee in nection with this Application. APPLICANTS SIGNAT R PRINT NAME A PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Readopt a Policy for Remote Participation by Councilmembers in Council Meetings MEETING DATE: June 16, 2026 ■ Background: In 2020, the City Council adopted a Policy for Remote Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the Virginia Freedom of Information Act ("FOIA"). The Council adopted revised versions of the Policy in 2021, 2024, and 2025. The Policy authorizes a councilmember to participate from a remote location in a City Council meeting, so long as a quorum of the Council is physically assembled at the meeting location. ■ Considerations: The FOIA requires the Council to re-adopt the Policy at least once annually. The attached Policy is substantially the same as the version adopted in June 2025. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance and Policy Recommended Action: Approval Submitting Department: City Attorney 6�, City Manager: 1 AN ORDINANCE READOPTING A POLICY FOR REMOTE 2 PARTICIPATION BY COUNCILMEMBERS IN COUNCIL 3 MEETINGS 4 5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote 6 Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the 7 Virginia Freedom of Information Act ("FOIA"), and the Council adopted revised versions 8 of the Policy in 2021, 2024, and 2025; and 9 10 WHEREAS, the FOIA requires the Council to re-adopt the Policy at least once 11 annually. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The City Council hereby adopts the attached Policy. 17 Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17253 R-1 May 29, 2026 oiNIAB�c 04f > CityCouncil Policy Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption: March 31,2020 Dates of Revision or Re-adoption: Page 1 of 2 June 15,2021;June 18,2024; June 17,2025 1.0 Purpose and Need The purpose of this policy is to enable members of the City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code §2.2-3708.3 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Mayor and the City Clerk on or preferably before the day of the meeting that (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); (2) the member is a "caregiver," which means an adult who provides care for a person with a disability as defined in Virginia Code § 51.5-40.1 and is related by blood, marriage, or adoption to, or is the legally appointed guardian of, the person with a disability for whom the member is caring, and the member must provide care for the person with a disability at the time the public meeting is being held, thereby preventing the member's physical attendance; or (3) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25% of the meetings held per calendar year, rounded up to the next whole number, whichever is greater. 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption: March 31,2020 Dates of Revision or Re-adoption: Page 2 of 2 June 15,2021;June 18,2024; June 17,2025 with a disability as defined in Virginia Code § 51.5-40.1 or a caregiver as defined above and uses remote participation counts toward the quorum as if the individual was physically present. When audio-visual technology is available, a member of the Council shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is a medical reason, the minutes shall include a statement that a temporary or permanent disability or other medical condition prevented the member's physical attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance. The minutes do not need to include the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. 2.4 Annual Readoption This policy must be adopted or readopted at least once annually. Hu e� � rsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2026, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 16, 2026 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, the City Council added § 33-111.2 to the City Code, which provides for the appointment of three viewers for one-year terms, beginning July 1 of each year, to view every street or alley proposed to be altered or vacated during the terms of the viewers. ■ Considerations: This ordinance will appoint viewers for one-year terms beginning July 1, 2026. The ordinance includes the ability of a person so appointed to delegate such appointment, and the Director of Parks and Recreation intends to delegate his appointment to a Planner III in the department. ■ Public Information: This ordinance will be advertised as a routine agenda item. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: py 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2026, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" 8 9 WHEREAS, it is the desire of the City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2026 and ending June 30, 2027; and 12 13 WHEREAS, a director may delegate such appointment, and the Director of Parks 14 and Recreation intends to delegate his appointment to a Planner III in the department. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the Director of Planning, the Director of Public Works and the Director of 20 Parks and Recreation of the City of Virginia Beach are each hereby appointed as a 21 viewer to serve a one-year term beginning July 1, 2026 and ending June 30, 2027, to 22 view each and every application to close a street or alley, and to report in writing their 23 opinion of what inconvenience, if any, would result from discontinuing the street or alley 24 or portion thereof. The Directors may delegate such appointment to a member of their 25 department. 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: -a e Ament of Planning ty torney's Office CA17255 R-1 June 3, 2026 �u ems; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Starling BESS Energy, LLC for the Closure of Approximately 29,601 Sq. Ft. of an Improved Right-of-Way known as Windy Willow Court MEETING DATE: June 16, 2026 ■ Background: On July 8, 2025, by Ordinance ORD-3815X, City Council approved the request by Starling BESS Energy, LLC, a Delaware limited liability company (the "Applicant") to close approximately 29,601 Sq. Ft. of an Improved Right-of-Way known as Windy Willow Court (the "Right-of-Way"), for the purpose of incorporating the closed area into the adjoining property for the development of a battery energy storage system facility. ■ Considerations: There were six (6) conditions to the approval of the street closure: 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. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining property. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication to the City of Virginia Beach of a public utility easement around the existing water main and a public drainage easement over the existing stormwater pipe adjacent to Dam Neck Road, which easements are subject to approval of the Department of Public Utilities and the Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. Contemporaneously with the recordation of the resubdivision plat, a one foot no ingress/egress easement shall be dedicated along Dam Neck Road, except at the approved entrance to the site. Starling BESS Energy, LLC Page 2 of 2 4. The street closure shall not be finalized unless all owners of parcels abutting the proposed closure area participate in the resubdivision plat, or the Applicant has acquired ownership of all such abutting parcels. 5. 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 the Circuit Court. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way this approval shall be considered null and void. On May 27, 2026, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3815X. Staff concludes that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance (with Exhibit A) Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department 01 City Manager: 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF STARLING BESS ENERGY, LLC 4 FOR THE CLOSURE OF APPROXIMATELY 5 29,601 SQ. FT. OF AN IMPROVED RIGHT-OF- 6 WAY KNOWN AS WINDY WILLOW COURT 7 8 WHEREAS, on July 8, 2025, the Council of the City of Virginia Beach acted upon 9 the application of Starling BESS Energy, LLC, a Delaware limited liability company (the 10 "Applicant") for the closure of approximately 29,601 Sq. Ft. of an Improved Right-of-Way 11 known as Windy Willow Court (the "Right-of-Way"), for the purpose of incorporating the 12 closed area into the adjoining property for the development of a battery energy storage 13 system facility; 14 15 WHEREAS, City Council adopted an Ordinance (ORD-3815X) to close 16 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 17 conditions being met on or before July 7, 2026, and 18 19 WHEREAS, on May 27, 2026, the Applicant requested an extension of time to 20 satisfy the conditions to the aforesaid street closure action. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 23 Beach, Virginia: 24 25 That the date for meeting conditions of closure as stated in the Ordinance 26 adopted on July 8, 2025 (ORD-3815X), upon application of Starling BESS Energy, LLC, 27 is extended to July 7, 2027. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 30 of ) 2026. 31 32 No GPIN assigned (City Right-of-Way) 33 Adjacent to GPINs: 1495-25-1787, 1495-26-5319, 1495-26-0302 & 1495-36-3419 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City-AttornGgy CA17164 June 2, 2026 Exhibit A / ry �K �\ DENOTE5 WINDY WALLOW COURT (50' R/W) IvINDY hfWw PA2iX5 LC PROPOSED TO 8E CLOSED, AREA=29.601 5F OR LOT 22 0.680 AC \ (ye Iza, fir e) \ Nlf Gi°!N J{95-26-Gi�02 \ \ .t iZZY COWN, !k',5! & \ro� 20' HRSD EASEMENT mme mr L?woN ampr x (D,B, 1402, PC 398) l'l{effV TkUST \\ (/r1:5T 20I209Df�/Ol/6,3V) 9 lcnq �SSO, \\ \ NO 126, N e) � C,PIN If95-26-,�3/9 APPROX. LOCATION OF ,GE' WPCO POLE LINE EASEMENT ST.tPI/Nl, )Wy LLC OF UNSPEOnED If1DTN �! N8 \ RfS/0(/i4L P.fPCfL B (D.B. 1733, PG. 3O3) ,\, Q 9 06 \ (yB I97, X Z9) ?6 k \ (Me 206, FYI 7,7) 20'PUBLIC DRAINAGE EASEMENT E T 128, PG. 8) / �-20' PUBLIC WINDY WILLOW COURT \- ti' A/NAGEEASFMENT �\\ B 128, PG. 8 (MB 128, PG 8)(DB 29J2, PG 765)(MB 197, PG 23) ( ) (DB 2 12, PG 757)(MB 19 , PG 20) ( ,\ `�; , ` 25 1+FPCO EASEMENT .5LiPLd4Y'mey LLC <: (08 2890, PC 1846) NO IR7, N 20) 00 -0% (e 2557 N w1f) \; VAR. WOW PUBLIC DRAINAGE �P,dY If9�Z5-/7e7 NI6'45'56'E_ i '�� 1 4` EASEMENT(DB 2912, PG 765) & 44.23' i,\ o Il VAR. P40TH VEPCO EASEMENT (DB VAR. WIDTH PUBUC DRAINAGE EASEIAENT---_ ib w 2890, PG 1846) (M.B. 197, PG, 20)(DB 2912, PG 757) \ X 15' lEPCO EASEMENT �� ^� ,� 15' WPCO EASEMENT (08 2890, PG 1845) �(08 2890, PG 1854) (DB 2890, PG 1876)\ �i F3-,4-5-5.6 4-8-.0-51 S7314'29`E_ N:3, 5 ,696.51 E:12,192,516.79 48.17' E:12,192,621,75 DAM NECK ROAD VAR. WIDTH RIW (A48 128, PG 7)(08 2912, PG 765)(MB 197, PG 23) (OB 2912, PG 757)(448 197, PG 20) 0' 100' 5EF SHf.ET 2 OF 2 FOR NOTE5 AND CURVE TABU EXHIBIT SHOWNG $ra,TN op y WNDY {MLLOW COURT `Zt r PROPOSED TO BE CLOSED O `A� (IMB 128, PG 8) MRGINIA BEACH, NRGINIA JEFFREY J. KERRETHER� � DATE:OWN BY.CJS 4 9 2025 4/9/2625 MSA�.1-" CHECKED BY; JJV �QNO -(O ENGINEERS SCIENTISTS i SURVEYORS SCALE:1' = 100' SURv� 5032 ROUSE DRIVE,SUITE 200 I VIRGINIA BEACH,VA 2-1462 JOB/ 17DO4E 757.490,9264 1 MSAONUNE.COM SHEET: 1 OF 2 flm 1. THI5 EXHIBIT WAS CREATED WITHOUT THE BENfW OF A CURRENT TM-t REPORT AND THEREFORE HAY NOT SHOW ANY/AIL fA5O1f S OR Rf5TRICTION5 THAT HAY AFFECT 5AID PROPERTY A5 SHOWN. 2. TH15 EXHIBIT DOES NOT CONSTMITE A WUNDARY 5URVt:Y OR 5UBOM5ION OF LANO. PROPERTY LINE5 WERE E5TABLl6HED FROM RECORDED PLATS AND DEEDS. 3. THE PURPOSf OF TH15 uAINT 15 TO 58OW THE STREET CL05URf Of WINDY WILLOW COURT. 4. NORTH HEODM SHOWN HEREON 15 BAW ON ViRgW STATE WE COORDINATE 5Y5TEM, 50UTH ZONE 1'"/93 HARK, COORDINATE VALUE5 AND LENW5/015TM M 5HOWN ARE EXPRE55ED IN U.5. 5URVEY FEET. CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD DELTA TANGENT Cl 1,355,24' 115.64' S6512'45"W 115.61' 453'20" 57.86' C2 187.49' 118.18' N4554'37'W 116,38' 36V9'39' 61.21' C3 50.00' 36.14' N8550'04'W 35.36' 41'24'35' 18.90' C4 50.00' 229.35' N25'36'51"E 75.00' 26249'18' 56.69' C5 50.00 36.14 S4477'38'E 35.36' 41'25'03' 18.90' 149.70' S45-55-58-E 147.23' 36 06'57` 77.43' C6 237.49' 1, 1 - } rC*Wg BOULEVARD SHIPPS CORNERAKESOf�410LE f c7�iG 1 ROAD- ;! N HOLLAND ROAD �, ./�1 i `DAI,4 NECK 1 ROAD SOUTH ROSEMONT ...:% ,ROAD LOCATION MAP — SCALE: 1" = 2,000' EXHIBIT SHOWNG WINDY MLLOW COURT PROPOSED OF Dr. PROPOSED TO BE CLOSED O _ �� (MB 128, PG 8) VIRGINIA BEACH, VIRGINIA UJEFFREY J. VIERRETHE0- DATE:4 9 2025 Lic. No. 2306 .•`;?L OWN BY;CJS 4/9/2025 CHECKED BY: JJV (Ilylo �-At ENGINEERS I SCIENTISTS I SURVEYORS ALE:I' = NA SURD $032 ROUSE DRK,SUITE 200 1 VIRGMRA BEACH,VA 23462 JOB# 17004E 757.4 0.92G4 I MSAWRINE.COM ISHEET, 2 OF 2 O R7.5 �t� s 11 � y 0 0 am N R 11 Starling BESS Energy, LLC N Site Windy Willow Court w*E Property Polygons s QZoning 0 Building Feet 0 2040 80 120 160 200 240 Disclosure DiSCIOSUre VIRGINIA V BEACH Statement Iw The disclosures contained in this form ore necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia low.Completion and submission of this form Is required for at/applications that pertain to City real es tote 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 Starling BESS Energy, LLC Is Applicant also the Owner of the subject property? YesQ No sQ If no,Property Owner must compete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3), Does Applicant have a Representative?YesQ N.0 if yPs,narne Representative: R. Edward Bourdon,Jr., Esq.,Sykes, Bourdon,Ahern&Levy,P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo if,yes,list the names of oll officers,directors,members,or trustees below AND buscriesses that have o parent•subsidiary Icy affiliated business entity)relationship with the applicant,(Attach list ifnecessory.) Will Zapalac,President Does the subject property have a proposed or pending purchaser? Yes • No — If yes,came proposed or pending purchaser: the Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? YesQ NoI if yes,name the o licial or employee,and describe the onture of their interest. APPLICANT SERVICES DISCLOSURE READ,Tne Applicont must certify whether the following services are being provided in connection to the subject opplication or ony business operating or to be operored on the property The notne of the entity anti/or individual providing such services must be identified.(Attach list if necessrnv.) -- M-SERVICE YES —NQ SERVICE PROVIDER -_.. f Name entity and/or individuol1 Financing(mortgage,deeds of trust, O cross-coltateralization,etc.) _ Real Estate BrokerfAgent/Reattor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Starling BESS Energy, LLC Agenda Items 2,3, &4 page 24 of 30 Disclosure SECTION 'l: DISCLOSURE SERVICE YES NO SERVICE PROVIDER ftme entity and/or individual_ Accounting/Ta_x_Return Preparation_ Architect/Designer/Landscape Q Architect/land Planner Construction Contractor 0 G) Engineer/Surveyor/Agent (F) 0 Tom Holleran,Pgser Engineers;Doug Will,MSA,PC Legal Services Q Q R.Eduard Bourdon,,k.,Esq.,Sykes,Owdon,Ahem L Lery,P.C. 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 om responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee In connection with this application. Will Zapalac, President 3/27/25 Applicant Name(Print) Applicant Signature Date 'Parent•subsidlary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation,"See State and local Government Conflict of Interests Act, VA.Code§2.2-3101, 2"Affiliated business entity relationshlp"means"a relationship,other than porent•subsldloryrelatlonshlp, that exlsts when(l)one business entity has a controlling ownership Interest to the other business entity,(i!) a controlling owner In one entity Is also a controlling owner in the other entity,or(ill)there Is shared management or control between the business entities.Factors that should be considered in determining the existence of an offillated business entity relationship include thnt fire some person or substantially the scale person own or monoge the two entitles;there are common or commingled funds or assets;the business entitles 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 relationshlp between the entitles."See State and Local Government Conflict of Interests Act, Vo, Code§2.2.3101. FOR CITY USE ONLY: No changes as of(date): 6/17/2025 Marchelle L. Coleman 6/17/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 25 of 30 Disclosure SECTIONOWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: aslistedon application Starling Farm, LLC,a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yeses No© if yes,list the names of oil officers,directors,members,or trustees belowAND businesses that have a parent-subsldiory 1 at qfftlioted business entity'relotionsh�with the applicant.(Attach list i nec_essary, 02� amin D.Cohen,Manager;Benjamin R Cohen&General Investors Realty Associates,a limiled partnership A),Members;`SeeAtiactted List 1 Does the subject property have a proposed or pending purchaser? Ye sQ Not if yes,name proposed or pending purchaser: The Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest In tile subject land or any proposed development contingent an the subject public action? Yes 0 No s i yes,Warne the o�Ickrl orernployee,and describe the nature of their Interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services ore being provtded 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 PROVIDFR (Nameentl and ortndlvidunl Financing(mortgage,deeds of trust, O O cross-col lateralization,etc,) _ Real Estate Broker/Agent/Realtor 0 e John Kalslas,The Kaisias Company Accounting/Tax Return Preparation G �0 Nloote Kant,Wail Einhom$Chemhzer Architect/Designer/Landscape Architect/tand Planner Construction Contractor 0 E) Engineer/Surveyor/Agent 0 Legal Services G _Q Alan M.Haden,Haden Seery Nuckols&Hahn,PC PROPERTY OWNER CERTIFICATION READ:!certify that all information contained in this Form Is complete,true,and accurate.I understand that, upon receipt of notirication that the application hor scheduled for public hearing,i am responsible for updating the information provided herein thr e-•lCte to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or on p i1 o committee in connection v✓ith this application. Starling Farm,LLC Benjamin C. Cohen,Manager Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev.�May-2024 page 3 of 3 Starling BESS Energy, LLC Agenda items 2,3, & 4 page 26 of 30 Disclosure Starlinf'Farm LLC Disclosure Statement Cont d. LIRA Partners are BAJ Associates,LLC(general partner)&Andrew H.Cohen, Betsy H. Cohen and James H.Cohen 2013 Irrevocable Trust dated October 24,2013(Cheryl A.Furlong,Trustee,(limited partners) H:\AtG\^Street Closure\'Starling SESs Energy\Starting Farm Disclosure Cont'd.doc« Starling BESS Energy, LLC Agenda items 2,3, & 4 page 27 of 30 Disclosure SECTION • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name; as listed on application Cohen Exempt Marital Trust U/A dated July 26,2004 Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes a�No® If yes,list the names of oil officers,directors,members,or trustees below AND businesses that have a parent subs:dla 'or offitfated business entity=relationship with the a �flcant. Attach l/stfnec .) KeTnamin t),Cohen,Trustee Does the subject property have a proposed or pending purchaser? Yes Noo If yes,name proposed or pending purchaser: The Appilcant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYFE Does an official or employee of titre city of Virginia Beach have an Interest In the subject land or ally proposed development contingent on the subject public action? Yes() Noe If ves,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 ore being provided to 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 end armor individual Financing(mortgage,deeds of trust, Q cross collaterailzatlan,eEc _^ ---__..______ Real Estate Broker/Agent/Realtor_ � � Q John Katslas,The Katsias Company _Accounting/Tax Return Pre oration ') 0 Nicola Ktnt,Wall Elnhom 4 Chemltzer Archltect/Designer/landscape r Archltect/Land Planner Construction Contractor Q En iy,veer/Surveyor/Agent 0 0 Legal Services Q } Alan M.Haden,Frieden Seery Nuckols d.Helm,PC PROPERTY OWNER CERTIFICATION READ:I certify that all iofortnotlon 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 at?)responsible for updating the Information provided herein thry r-w s i,) or to the treating of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or a public dyy or committee In connection with this application. The Cohen Exempt Marital Trust _BenJam)n D. Cohen, Trustee J� Property Owner Name(Print) Property Owner Signature Date Disclosure Statement ( rev. May-2024 page 3 of 3 Starling BESS Energy, LLC Agenda Items 2,3, &4 page 28 of 30 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: us listed on application Arleen Cohen,Benjamin D.Cohen,Trustees in ilquldtloh of Windy Willow Farm,LLC Is the owner a corporation,partnership,firm,business,trust,or unincorporated businesO YessNo® If yes,flit the names of all officers,directors,members,or trustees belowAND businesses that have a parent-subsidlary'or affillated business entiiyi'relationship with the applicant.(Attoch list�necessary Arleen Cotten&Benjamin D.Cohen,Trustees in liquidation(Managers of Windy Willow Farms,LC Does the subject property have a proposed or pending purchaser? Ves0 N007- 11 yes,name proposed or pending purchaser, The Appllcant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have nn interest in the subject land or any proposed development contingent on the subject public action? Yes o Noe Irf Yes,name the o !clap or entpioyeeand describe the nature of their Interest. PROPERTY OWNER SERVICES DISCLOSURE READ,The Owner must certify whether the folloviing 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 : StRVtCE pR01f PER _ _ Nante enter nor lndivldua! Financing(mortgage,deeds of trust, cross-collate rakatlon,etc.) 0 lJ Real Estate Broker/Agent/Realtor 0 John Kelsias,The Kalslas Company Accountbrg/Tax Return Preparation (F)_ 0 movie rinl,Wall Elnhorn&Chemlizer Architect/Designer/Landscape a Architect/Land Planner_ Construction Contractor Engineer/Surveyor/Agent _ Legal Services C° © On M.Fdaden,FrWen Seery Nuckods&Hahn,PC PROPERTY OWNER CERTIFICATION READ;I certify that all information contained in this Form Is complete,true,and accurate,i understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the Information provided herein three�%"S-Pmr to the meeting of planning Corrrmission, City Council, VBDA,CBPA, Wetlands Board or any p b11yba6-or committee in connection with this application. Windy Willow Farms LC Benjamin D.Cohen, Trustee Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev, May-2o24 page S of 3 Starling BESS Energy, LLC Agenda Items 2,3, & 4 page 29 of 30 rSVyHIA_EE,�,HL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing the City of Virginia Beach Development Authority to utilize CIP 100059 to Fund the Pre-Development Phase for the Development of a Structured Parking Facility at 19th Street and Parks Avenue MEETING DATE: June 16, 2026 ■ Background: Providing public parking at the Oceanfront has been a long-term goal of the City of Virginia Beach (the "City"). As a result of increased activity at the Convention Center, the Sports Center, and Atlantic Park, the Central Beach area routinely experiences parking challenges due to limited spaces. At the request of City Council, the City of Virginia Beach Development Authority (the "VBDA") issued a Request for Proposals ("RFP") seeking proposals for construction of a public parking facility on City-owned property located at 19th Street and Parks Avenue (Portion of GPIN: 2417-86-6932). After consideration of all responsive proposals, City Council directed staff to develop mutually agreeable terms with The Runnymede Corporation (the "Developer"). City staff and the Developer have negotiated the basic terms and structure for the development of a 1048-space public parking facility, including 18,000 sq. ft. of private commercial retail space and the extension of Parks Avenue with underground stormwater management facilities (the "Project"). The parties have negotiated a draft non-binding term sheet (the "Term Sheet"), attached to the Ordinance as Exhibit A, outlining terms for the proposed development of the Project. The public investment in the Project is estimated to be approximately $37,200,000. However, to obtain more exact pricing for the Project before entering into a development agreement, the Developer and City staff have requested permission to perform pre-development design work. To that end, the City, the VBDA and the Developer desire to enter into a pre- development agreement to achieve 35% design and obtain a firm guaranteed maximum price ("GMP") for the Project. The City's contribution for the pre-development stage would be capped at $1,900,000 and the Developer's contribution would be capped at $308,000. These amounts are based on the total estimated pre-development costs and each party's relative anticipated investment in the Project. Funding for the Project is available in CIP 100059, Resort Parking District, which was established to provide funding for public parking opportunities at the Oceanfront. ■ Considerations: Due to the complexity of stormwater and other elements of the Project, a GMP cannot reasonably be determined without further design details. The Term Sheet would be a non-binding document that would guide the development of the definitive transaction documents. This matter will come back to City Council for consideration once a GMP for the public and private elements of the Project is obtained. The VBDA is proposed to be the entity contracting with the Developer in the pre- development agreement. As such, on June 9, 2026, the VBDA adopted a resolution approving the pre-development work, subject to City Council's direction and funding authorization. ■ Public Information: A briefing was presented to the Resort Advisory Commission Transportation Parking and Pedestrian subcommittee on May 28, 2026, and to the Resort Advisory Commission Planning Design and Review subcommittee on June 2, 2026. Public information will also be provided through the normal City Council agenda process. Any future action would follow a public hearing and vote by City Council and the VBDA. ■ Recommendation: Approval. ■ Attachments: Ordinance, Draft Term Sheet (Exhibit A), Location Map, Disclosure Statement. Recommended Action: Approval e1A Submitting Department/Agency: Economic Development City Manager: 1 ORDINANCE AUTHORIZING THE CITY OF VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO UTILIZE CIP 3 100059 TO FUND THE PRE-DEVELOPMENT PHASE 4 FOR THE DEVELOPMENT OF A STRUCTURED 5 PARKING FACILITY AT 19TH STREET AND PARKS 6 AVENUE 7 8 WHEREAS, providing additional public parking at the Virginia Beach Oceanfront 9 has been a long-term priority of the City Council; 10 11 WHEREAS, towards that end, City Council established Capital Project 100059, 12 "Resort Parking District"; 13 14 WHEREAS, at the request of City Council, the City of Virginia Beach 15 Development Authority (the "VBDA") issued a Request for Proposals, RFP-VBDA-01-25 16 ("RFP") seeking proposals for construction of a public parking facility with private 17 commercial retail space on City-owned property located at 19th Street and Parks Avenue 18 (the "Project"); 19 20 WHEREAS, after consideration of all responsive proposals, City Council directed 21 staff to develop mutually agreeable terms with The Runnymede Corporation (the 22 "Developer"); 23 24 WHEREAS, the parties have negotiated proposed terms as set forth in the non- 25 binding term sheet (the "Term Sheet"), a draft of which is attached hereto as Exhibit A; 26 27 WHEREAS, as set forth in the Term Sheet, City staff and Developer have 28 determined that achieving 35% design for the Project would allow them to obtain a firm 29 guaranteed maximum price ("GMP") for the Project; 30 31 WHEREAS, the parties propose entering into a pre-development phase to 32 accomplish 35% design and obtain the GMP for the elements of the Project prior to 33 approval of the definitive terms for the Project; 34 35 WHEREAS, the City's contribution for the pre-development stage would be 36 capped at $1,900,000 and the Developer's contribution would be capped at $308,000; 37 38 WHEREAS, at the conclusion of the pre-development phase, a final Term Sheet, 39 including the GMP and any other modifications identified during the pre-development 40 phase, would be presented to the VBDA and City Council for approval; and 41 42 WHEREAS, City Council is of the opinion that entering into the pre-development 43 phase would promote the successful development of the Project and further Council's 44 goal of additional public parking at the oceanfront. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA, 48 1. The City Council hereby authorizes the City of Virginia Beach Development 49 Authority to utilize up to $1,900,000 of existing appropriations within CIP 100059, Resort 50 Parking District, for the pre-development costs of the Project as contemplated by the 51 draft Term Sheet, attached hereto as Exhibit A, and made a part hereof. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A Econo is Development City Attorney CA17162 \\vbgov.com\dfsl\applications\citylaw\cycom32\v✓pdocs\d029\p052\01135159.doc R-1 June 5, 2026 EXHIBIT A DRAFT 19'' and Parks Avenue Parking Term Sheet The City of Virginia Beach("Cf")and the City of Virginia Beach Development Authority ("Authori ') have identified adding additional public parking at the Virginia Beach Resort as a long-term goal. To that end, at the direction of the Virginia Beach City Council (the "Cily Council"), on July 20, 2025, the Authority issued its RFP VBDA-01-25 seeking proposals for the construction of a public parking facility on City-owned land t�cated at the southeastern corner of 19th Street and Parks Avenue adjacent to the Virginia Beach�Convention Center(the "UP"). Responses to the RFP were due on October 25, and after a review of all responsive submissions, City Council directed staff to atte develop mutually agreeable terms for the development contemplated by the RFP with of respondents led by The Runnymede Corporation or its Project affiliate ("Developer"). { This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the basic tlas of a possible transion, which may be agreed in principle only. Although this Term Shelf identi 17es many of the material issues, any possible transaction is complex and issues may arise during preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations among the parties will only be as specified in an\ definitive agreements that ultimately may be approved by City Council, the Authority's board and the Developer's principals, and executed by all of the parties. Any obligations of the City,or Authority are subject to appropriation of sufficient funds to meet that obligation by City Council.. Additionally,none of the parties to this Term Sheet are under ,any obligation or duty to attempt to negotiate a transaction or any related documentation or, ifegotiations commence: to continue such negotiations. Nonetheless, by approving this Te et, each party indicates its belief that this Term Sheet can form the basis for a transaction and th ingness to commence negotiation and preparation of definitive documentation toward that end. 1. Project Dev The "Project", defined below, is to be constructed on a portion of City-owned property identified as GPIN: 2417-86-6932 (the "Project Area"),and shown on Exhibit A as"Project Area". The exact dimensions on the Project Area to be determined during the subdivision process necessary to create the various parcels and right-of-way as contemplated by this Term Sheet. B. Developer proposes the construction of a 1,048+/- space, multi- level parking garage (the "Parking Garage'), adjoining 18,000 +/- square feet of retail (the "Retail") as shown on Exhibit A as the"Parking Garage". 1 317836945 C. The placement of the Parking Garage will displace an existing stormwater management facility. To support the stormwater needs of the Parking Garage and potentially other development in the vicinity as determined by the City, and replace the stormwater facility being displaced, the Developer proposes expanding or replacing the existing stormwater facility on land west of the area identified as the Parks Avenue Extension and north of 18t' Street, and/or locating all or part of a new stormwater facility under the Parks Av nue Extension described below(in any such case, the"Storm aler Facility"). The exact size, scope and location of the Stofnwater Facility will be agreed on early during the design process carried out under the Pre-Development Agreement described below. D. To enhance access to.Aarking Garage and toimprove traffic flow in the Project Area,Parks Avenue would be extended south from its existing terminus to 181h Street (the "Parks Avenue Extension"), as shown on Exhibit A, if the Project is approved by City Council and the Authority. E. The `Pjgo ct" shall mean the Parking Garage, the Retail, the Stormwater Facility and the Parks Avenue Extension. The "Public Components" of the Project shall mean the Parking r Garage, the Stormwater Facility and the Parks Avenue ltension, but exclude the Retail. Z- r.; , ,�'' F. A leasehold condominium regime for the Project Area will be 5�KI, established based upon a 42-year ground lease of the Project :Area at the rental cost of$1.00 per year. The ground lease shall .� /1 e renewable for up to three (3) renewal terms of twenty (20) 401, r . s'.. r, t J �� f: f :;}gears each. ondominium shall include the Parking Garage as one y= con 'nium unit and the Retail as the other. The Authority will own,operate and manage the Parking Garage condominium unit, and Developer will own, operate and manage the Retail condominium unit. The Retail may be subdivided into multiple a �. privately-owned condominium units. The Authority will serve as the declarant of the condominium regime, while Developer will manage the condominium association in accordance with the provisions of the condominium documents. H. The parties will enter into a Pre-Development Agreement under which Developer will, with the cooperation of the City and the Authority, obtain, perform, develop or deliver (i) 35% design development documents for the Parking Garage and the Retail, ii a proposed guaranteed maximum price "GMP" for 2 31783694v5 construction of the Public Components, inclusive of Shared Project Costs (defined below), (iii) a Project schedule, (iv) environmental and geotechnical studies, (v)a utility relocation plan, (vi) a traffic study, (vii) a survey and title commitment,(viii) a preliminary design plan for the Stormwater Facility and Parks Avenue Extension, and (viii)pre-leasing commitments for the Retail. The cost payable by the Authority to Developer under the Pre-Development Agreement for the deliverables in respect of the Public Components and the Authority's share of Shared Project Costs is estimated to be $1,591,637, subject to adjustment based on which option the City selects for the Storrn=water Facility. Developer shall contribute $307,720 for 4'deliver bles under the Pre- Development Agreeme ri�`respect oe Retail and its share of Shared Project Co ' . 2. Project. A. Developer shall complete the design an pceed with Construction and construction of the entire Project pursuant to �-resign-build Financing Development Agreement that contemplates Developer's award of anchitect contract to Hanbury Evans and separate constrde ibn contracts to W.M. Jordan Company ("WILT') for the Public Components and the Retail, respectively. The construction contract fo. the P ; Components will set forth a GMP as `agreed by tl } 'es ing the Pre-Development Agreement phase as descri : in Section 2 B. below. The Authority must approve the architect contract and the Public Components cor.ikruction contract. Developer will manage and ,r� admuuster the architect contract and the construction contracts, but Developer shall`assign to the Authority, and the Authority r�shall assume-,from the Developer, all rights and obligations of the Owner under the Public Components construction contract. all events the Authority must give prior approval to any change orders under the Public Components construction 1 �R ., contract. Prior to site plan approval,the Authority shall approve the design of Project. B. During the Pre-Development Agreement phase,the parties shall agree on a GMP for construction of the Public Components obtained through a mutually acceptable competitive process, in which WMJ will be required to obtain multiple bids from the major trades. Prior to agreement on a GMP, the Authority will have the ability to review and approve all proposed costs (hard and soft) for the design and construction of the Project, which costs (including the Shared Project Costs) shall be allocated between the Public Components and Retail as agreed upon by the parties during the Pre-Development Agreement phase. 3 31783694v5 C. Currently, the parties estimate that the cost of the Public Components (using the Developer's base case for the Stormwater Facility), inclusive of the Authority's share of Shared Project Costs, will not exceed $37,215,000 (based on a cost of$35,510 per parking space), which estimate is inclusive of design, construction, and a 5% development fee (the "Base Case Public Component Cost") and the Authority's $1,591,637 contribution for Pre-Development Agreement phase costs. However, the final cost of the Public Components will depend on the City's choice among the available options for the Stormwater Facility (any adjusted cost due to the City's selection of the Stormwater Facility shall constitute the total "Public Component Project Cost"). Any elements of the Project shared by the Retail,-and the Public Components (e.g., stormwater,walls,elevators, etc.)will have their costs allocated to the applicable condominium unit based on agreement of the parties reached.:during the Pre-Development Agreement phase ("Shared Project Costs"). The portion of the Shared Project Costs allocated to the Authority shall be included in the Public Comp ent Project Cost 4f D. Durmgg'esig and construc NMI ' Authority to make monthly payments for work .perfo respect of the Public Components E. The Authority's obligations under the agreements contemplated by this Term Sheet shall be expressly subject to appropriation of sufficient funds bye City Council. 3. Operations and The Authority will manage and operate the Parking Garage as a Maintenance �r public parking garage consistent with the other parking facilities f, ;P;' ; Y owned by the Authority in the resort area. The required 4%0, ,�P operations standard will be set forth in the condominium ,, documents and enforceable by the Unit owners and the I. condominium association. ,��• ,rr Once completed and accepted by the City, the City will operate and maintain the Stormwater Facility as a part of its overall stormwater management system. The Retail shall pay its proportionate share of the operations and maintenance costs of the Stormwater Facility, to be determined by agreement of the parties during the Pre-Development Agreement phase. C. On completion and acceptance by the City, the Parks Avenue Extension to be dedicated as right-of way to the City and operated as a public roadway. 4 317836945 D. Developer to have the right to lease sufficient spaces for reserved use by the Retail patrons at rates as agreed upon by the parties during the Pre-Development Agreement phase. E. All elements of the Project are subject to change until the parties enter into the design-build Development Agreement. The parties to agree on the scope of work for the Public Components in the approved deliverables under the Pre-Development Agreement. 4. Next Steps A. City Council and Authority clos = ,es ion briefings. B. Public briefing on propose x.A sec . C. City Council votes ansfer of Prof ea to Authority (supermajority re D. Authority and Cite vote to approve Term Sheet authorize the execution of a Pre-Development Agreement and Develo ent Agreement materially consistent with Term Sheet. f._ � <gx7s' 4.lj��r `d7 s ffl Y Y + `k m . � ` 0 ... 1k,t rye. f 5 317836945 LOCATION MAP a A Fes', , v ,� Y iSOO a n � 1.73 Acre City-owned 109-space surface parking lot VBCITY 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 Runnymede Corp Is Applicant also the Owner of the subject property? Yes() Noe If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO Noe If yes, name Representative: 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 I or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) t st attached. Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes No If yes, name the official or employee, and describe the nature of their interest. This RFP is submitted for a parcel of land owned by the City of Virginia Beach 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 e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 (F)- Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Hanbury Architect/Land Planner Construction Contractor 0 0 W M Jordan Engineer/Surveyor/Agent Q 0 Kimley Horn Legal Services 0 0 Kaufman &Canoles 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. Shawn Buddenhagen 5Wa-,C rL � 10/06/2025 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 fi RUNNYMEDE r REAL ESTATE DEVELOPMENT&MANAGEMENT Runnymede Corporation Re: Disclosure attachment for zoning application Officers • Matthew D Fine—President • Rob T Fine—Vice President,Secretary,&Treasurer • Garrett Berger—CEO • Shawn Buddenhagen—COO Affillated Business Entities • Louis B Fine Family, LLC. • Pavilion Center Associates, LLC. • Rosemont Interstate Center, LLC. • Runnymede Huntcrest, LLC. • Saltmeadow, LLC. 600 22"d Street,Suite 400,Virginia Beach,VA 23451 0:757.422.1568 1 F: 757.422.9815 1 www.trcva.com I info@trcva.com fo s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into City-owned property known as Treasure Canal, located at the rear of 2204 Windward Shore Drive. MEETING DATE: June 16,2026 ■ Background: David L. Bass, Jr. and Melissa Bass (collectively, the "Applicant") request permission to maintain an existing vinyl bulkhead, a return wall, a wharf, an overhead beam boatlift with four (4) piles and electrical cable and to construct and maintain a PWC lift, a PWC electrical cable, a gangway, a floating dock, an open-sided timber framed asphalt shingle roof and four (4) additional support piles (collectively, the "Temporary Encroachment"), into City-owned property known as Treasure Canal, located at the rear of 2204 Windward Shore Drive (GPIN: 2409-19-8185). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. A previous encroachment was approved by Council on March 5, 2024, by Ordinance ORD-3762C, and an encroachment agreement was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 202403012981 (the "Prior Encroachment"). The design of the proposed encroachments has since changed and if the current encroachment application is approved, the Prior Encroachment will be terminated. There are similar encroachments in Treasure Canal, which is where the Applicant is requesting 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: Approval ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 TREASURE CANAL, LOCATED AT THE 7 REAR OF 2204 WINDWARD SHORE 8 DRIVE. 9 10 WHEREAS, David L. Bass, Jr. and Melissa Bass(collectively, the"Applicant") 11 request permission to maintain 129.7' of an existing vinyl bulkhead, 5.8' of an existing 8' 12 return wall, an existing 6' x 11'wharf, an existing 11' x 12' overhead beam boatlift with four 13 (4) piles, and a boatlift electrical cable, and to construct and maintain a 3' x 5' PWC lift with 14 a PWC electrical cable, a 3' x 15' gangway, an 8' x 16'floating dock, a 14' x 28' open-sided 15 timber framed asphalt shingle roof and four (4) additional support piles (collectively, the 16 "Temporary Encroachment") into City-owned property known as Treasure Canal, located at 17 the rear of 2204 Windward Shore Drive (GPIN: 2409-19-8185); 18 19 WHEREAS, a previous encroachment was approved by City Council on 20 March 5, 2024, by ordinance ORD-3762C, and an encroachment agreement was recorded 21 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument 22 Number 202403012981 (the "Prior Encroachment"); 23 24 WHEREAS, the design of the Prior Encroachment has changed to what is 25 currently proposed since the Prior Encroachment was approved and it is therefore 26 appropriate to terminate the Prior Encroachment; and 27 28 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 29 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 30 the City's property subject to such terms and conditions as Council may prescribe. 31 32 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 36 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 37 assigns and successors in title are authorized to construct and maintain the Temporary 38 Encroachment as shown on the map entitled: "EXHBIT A MAINTAIN EXISTING 39 BULKHEAD & BOATLIFT PILES. ENCROACHMENT REQUEST FOR PWC LIFT, 40 WHARF, GANGWAY, FLOATING DOCK, BOATLIFT ROOF,AND ELECTRICAL CABLES 41 LOCATED IN TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated May 2, 2025 42 and revised November 13, 2025, a copy of which is attached hereto as Exhibit A and on 43 file in the Department of Public Works and to which reference is made for a more particular 44 description; 45 1 46 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 47 subject to those terms, conditions and criteria contained in the agreement between the City 48 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 49 been presented to the Council in its agenda, and will be recorded among the records of the 50 Clerk's Office of the Circuit Court of the City of Virginia Beach; 51 52 BE IT FURTHER ORDAINED, that the City Manager or his authorized 53 designee is hereby authorized to execute the Agreement; and 54 55 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 56 such time as the Applicants and the City Manager or his authorized designee execute the 57 Agreement. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 day of , 20_. 61 CA16748 R-1 Prepared: 5/20/26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Pr I WORK , REAL ESTATE ASHLEY-LOREN GRANT ASSOCIATE CITY ATTORNEY 2 TREASURE C m NO CI OF VANAL IN SAY ISLAND RGINIqBEACH z CANAL CENTERLINE1 GPINASSIGNED,Mg.45 PG.37&37A 0 - --L ./V EXISTING TIMBER WHARF—, -EXISTING ALUMINUM OVERHEAD m PROPOSED 3'X5'STEEL PWC LIFT, BEAM BOATLIFT$PILES 4 QTY EZ 3'X15'ALUMINUM GANGWAY& & 134'VINYL BULKHEAD WITH - PROPOSED OPEN SIDED TIMBER °p° TIMBER FLOATING DOC RETUR WALLS FRA(1vED ASPHAI T SHINGLE ROOF 2.4' % 4,1' 30.0' AND 4 ADDITIONAL SUPPORT PILES LOT 64 /17 12' MEAN TIDE RANGE w ALUMINUM 45.08'1 16' 8014.3' o AT BULKHEAD BULKHEAD& S 72'47,3„E 30 11 c\j� 13.4' 4 7 5 RETURN WALL 92.32' 9' (NOT PART OF THIS S 79°03'36"E 17 r5.8' ENCROACHMENT) 129.7' PROPOSED PWC -IFT PROPERTY LINE LOT 66 ELECTRICAL C BLE 0 10' 20' 30' TIMBER BULKHEAD SCALE: 1"= 30' (NOT PART OF THIS SHED ENCROACHMENT) T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING ONUMENTS COMBINED WITH THE COMPILATION OF EXISTING BOATLIFT EEDS AND PLATS SHOWN HEREON AND DOES NOT ELECTRICAL CABLE CONSTITUTE A BOUNDARY SURVEY. w THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR J U) oll- VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER co o ASSOCIATIONS OR AGENCIES. a Of CDti NO OT EN TS OR N v Uw co ui o LO TREES IN CONSTRUCTION ACCESS&LIMI S 0- o z o o J N Q Q O p CD0 w , O wcntio #2204 c' ULu Qo � oQ UUcl c) < UQQNo co 2i Q rn M M LOT65 o 0 o (0 M C:) C::' M J 3 z N O CD z N Lo N a-C) CD / Cn o Z � V LL a m rU- ozCm / <m c-4 (D Z2E m C, z / BAY ISLAND SEC 1 LOT 65 / N/F BASS DAVID L JR&BASS MELISSA CONSTRUCTION / 2204 WINDWARD SHORE DR �AT,TH OF ACCESS&LIMITS / GPIN#2409198185 CURVE CALCULATION r� / O OVERHEAD WIRE / INST# 202103090137 3'30'16" DELTA MB45 PG 3707A 65.52' TANGENT DISTANCE p / / 124.98' CHORD DISTANCE v DAVID KLEDZIK / EDGE OF ROAD S85027'33"E CHORD BEARING �0 L.ic. No. OM74 L=125.00' SCO '?'� 3/4/2026 IPF __ __ R=2043.7611 WATER METER ss` � WATER SUPPLY LINE WINDWARD SHORE- RIV DE IPF IONAL 1355.41'TO 50 ROW MB.45 PG.37&37A COMPASS CIRCLE ENCROACHMENT BY: EXHIBIT A PREPARED BY: DAVID L BASS JR MAINTAIN EXISTING BULKHEAD WITH MARINE ENGINEERING LLC & MELISSA BASS RETURN WALL, WHARF, BOATLIFT & 1932 CHARLA LEE LN GPIN 2409198185 BOATLIFT PILES. ENCROACHMENT VIRGINIA BEACH, VA 23455 DEED INSTR#202103090,37 REQUEST FOR PWC LIFT, GANGWAY, 757 477-4787 2204 WINDWARD SHORE DR FLOATING DOCK, BOATLIFT ROOF, SHEET 1 OF 1 VIRGINIA BEACH, VA 23451 AND ELECTRICAL CABLES LOCATED DATE: MAY 2, 2025 IN TREASURE CANAL IN BAY ISLAND REV 3: MARCH 4, 2026 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 V7-11 day of 4PRIL, 2026, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. BASS, JR. and MELISSA BASS, husband and wife, THEIR 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 "65" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at pages 37 and 37A, and being further designated, known, and described as 2204 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, the City granted a previous encroachment to the Grantee to maintain 107' of an existing bulkhead and to construct and maintain 126' of timber bulkhead with a 2' return wall, sand backfill and topsoil/turfgrass between walls, a 5.3' x 31' timber open pile wharf, a 12.5' x 12' timber pile overhead beam boatlift and a boatlift electrical cable into a portion of City-owned property known as Treasure Canal, which is GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-19-8185 (2204 WINDWARD SHORE DRIVE) recorded in the aforementioned Clerk's Office as Instrument Number 202403012981 ("Prior Encroachment"); and WHEREAS, it is proposed by the Grantee to maintain 129.7' of an existing vinyl bulkhead, 5.8' of an existing 8' return wall, an existing 6' x 11' timber wharf, an existing 11' x 12' aluminum overhead beam boatlift with four (4) piles, and an existing boatlift electrical cable, and to construct and maintain a 3' x 5' Steel PWC lift with a PWC electrical cable, a 3' x 15' aluminum gangway, an 8' x 16' timber floating dock, a 14' x 28' open-sided timber framed asphalt shingle roof and four (4) additional support piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby revokes and terminates the Prior Encroachment and 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 2 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 MAINTAIN EXISTING BULKHEAD WITH RETURN WALL, WHARF, BOATLIFT & BOATLIFT PILES. ENCROACHMENT REQUEST FOR PWC LIFT, GANGWAY, FLOATING DOCK, BOATLIFT ROOF, AND ELECTRICAL CABLES LOCATED IN TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated May 2, 2025, and revised March 4, 2026, 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 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 routing maintenance activities upon public property adjacent to 2204 Windward Shore Drive, 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 2204 Windward Shore Drive, Virginia Beach, VA 23451. 3 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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. 4 The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 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 5 ($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, David L. Bass, Jr. and Melissa Bass, 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 , 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 My Notary Registration Number: My Notary 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 My Notary Registration Number: My Notary Commission Expires: 7 id L. Bass, Jr. Melis a a s STATE OF �,T'C�'(1'C` CITY/COUNTY OF l Ck to-wit: The foregoing instrument was acknowledged before me this �I day of 2QgU by David L. Bass, Jr. and Melissa Bass. (SEAL) Notary Public My Notary Registration Number: r)60 &Q �o�PRY.p�s�� My Notary Commission Expires: Q -A o�a uiPiiii APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P C OAKS — REAL ESTATE AS L EN G O IjA E CIT TORNEY 8 m TREASURE CANAL IN NO N'FCITY OF VIRGINIA BAY ISLAND CANAL CENTERLINE GPIN gSSIGNED Mg,45 p�37&37 o -T A X EXISTING TIMBER WHARF, -EXISTING ALUMINUM OVERHEAD m PROPOSED 3'X5'STEEL PWC LIFT, BEAM gOA IFI$PILES 4 QTY i�: 3'X15'ALUMINUM GANGWAY& &134'VINYL BULKHEAD WITH TH 8- -PROPOSED OPEN-SIDED TIMBER rl TIMBER FLOATING DOC RETURt�I WALLS FRAMM ASPHALT SHINGLE ROOF 2.4' 4.1' 30.0' AND 4 ADDITIONAL SUPPORT PILES w LOT 64 �117 12' `a11 - MEAN TIDE RANGE � ° w ALUMINUM 45,p8 16' 4'14.3' ° AT BULKHEAD BULKHEAD& S 72°4j 3"F 4 7' 30' 5'RETURN WALL 11' (NOT PART OF THIS 92.32' $79°03,36 E 17 9 r5.8' ENCROACHMENT) 129.7' PROPOSED PWC -IFT PROPERTY LINE LOT 66 ELECTRICAL C BLE 0 10' 20' 30' TIMBER BULKHEAD SCALE: 1"= 30' (NOT PART OF THIS SHED T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING ENCROACHMENT) ONUMENTS COMBINED WITH THE COMPILATION OF EXISTING BOATLIFT EEDS AND PLATS SHOWN HEREON AND DOES NOT ELECTRICAL CABLE CONSTITUTE A BOUNDARY SURVEY. w w THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR J VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER °O Q o ASSOCIATIONS OR AGENCIES. z Q � z � NO OT ENTS OR N � v LU o 0 o Ln TREES IN CONSTRUCTION ACCESS&LIMI S a o CO o a J N 0 >_ 0 p O � � cn � O � `au `=" 10 #2204 Uaoc" o ¢ J — O W (n < O ch ti UUO oQ rn cq QrnorO cn of< rn 2 LOT65 L p ' � rno � z 0' p CD cn O M O Z N O CD g > zd; CS / cno � t � � o�_ - U O ¢ N CD Z a m >- o z ~ / Q L.L N � m m Z N m z N BAY ISLAND SEC 1 LOT 65 / NIF BASS DAVID L JR&BASS MELISSA CONSTRUCTION / 2204 WINDWARD SHORE DR ,�p,LTH op ACCESS&LIMITS / CURVE CALCULATION / GPIN#2409198185 O OVERHEAD WIRE / INST# 202103090137 3°30'16" DELTA ' s-� MB45 PG 37&37A 65.52' TANGENT DISTANCE o DAVID KLEDZIK / 124.98' CHORD DISTANCE EDGE OF ROAD S85°27'33"E CHORD BEARING Lic. No.034674 / L=125.00' SCO A0 3/4/2026 IPF ----_- R=2043.75'ii WATER METER �S�ONAL � WATER SUPPLY LINE1355.41'TO WINDWARD SHORE DRIVE IPF 50'ROW MB.45 PG.37&37A COMPASS CIRCLE ENCROACHMENT BY: EXHIBIT A PREPARED BY: DAVID L BASS JR MAINTAIN EXISTING BULKHEAD WITH MARINE ENGINEERING LLC & MELISSA BASS RETURN WALL, WHARF, BOATLIFT & 1932 CHARLA LEE LN GPIN 2409198185 BOATLIFT PILES. ENCROACHMENT VIRGINIA BEACH, VA 23455 REQUEST FOR PWC LIFT, GANGWAY, 757 477-4787 DEED WINDWARD 1030901 R FLOATING DOCK, BOATLIFT ROOF, SHEET 1 OF 1 VIRGINIA WINDWARD SHORE DR AND ELECTRICAL CABLES LOCATED DATE: MAY 2, 2025 VIRGINIA BEACH, VA 23451 IN TREASURE CANAL IN BAY ISLAND REV 3: MARCH 4, 2026 • W .vw aMa W$„ se".x� VIM- v . a.k t y.. t y +µ xN uI y a L � t i� Y $ � v i 1 n , a r , ! 1 r �s y�� y ry d5 ire ` 4 6 3 '4 x -w a n An At k Olt 11110 s = �j will SAM ; x R k it , w g e a. : i r; rr „ g, 4 �v =mod h 4 e c � T z'. d t P NE w r E N{ 4 S z DR W r y _ oTV • I n R w, , a M • . p r. Y. 'tit rp�s s t Rp. ram. ->^,r,.,. 'I a f-� �*+;. � s "� „�,� - iY•' WINDWARD SHORE DRARL N , h wr du i LOCATION MAP { ENCROACHMENT REQUEST "- FOR Amwf DAVID L. BASS JR. AND Legend MELISSA BASS GPIN: 2409-19-8185 2409-19-8185 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 11/21/2023 X:\CADD\Projects\ARC FileSWGENDA MAPS\2409-19-8185\2409-19-8185 Aerial.mxc N SNORE DR ' W+E S v SEE Ro SHORE D W 1 R SITE El j- EZ:l 7 �"�■.. s WINDWARD SHORE DR LOCATION MAP ENCROACHMENT REQUEST ❑ FOR DAVID L. BASS JR. AND Legend MELISSA BASS Q 2409-19-8185 GPIN: 2409-19-8185 City Property Feet 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 11/21/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-19-8185\2409-19-8185.mxc ICITY OF s w BEACH I 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. A BASS as listed on application DAVID L BASS JR AND MELISS � 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@ Noa If yes,name Representative: David Kledzlk Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo@ If yes,list the names of all officers,directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 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 rote est In a subject tand or any proposed development contingent on the subject public action? Yesc} 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 an 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, @ FULTON BANK MORTGAGE 1 cross-collateralizatlon,etc.) } Real Estate Broker/Agent/Realtor 0 @ Disclosure Statement I rev. May-2024 page 1 of 3 1 olk __ gA3A4 f' i 1 SECTION DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name en tity and or Individual Accounting/Tax Return Preparation O Q Architect/Designer/Landscape O Architect/Land Planner Construction Contractor 0 Q Engineer/Surveyor/Agent @ O Marine Enginaoring LLC clo David Kledzik Legal Services 0 APPLICANT CERTIFICATION READ;l 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 (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, (I)) a controlling owner in one entity is also a controlling owner In the other entity, or(III)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev.~May-202A � page 2 of 3 SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION i Property Owner Name: as listed on application Is the Owner 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-subsidlary 1 or affiliated business entity Z 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 0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject { application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, cross-collateralization, etc.) 0 0 i Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 i Architect/Designer/Landscape 0 Architect/Land Planner j Construction Contractor O 0 Engineer/Surveyor/Agent 0 0 p Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:i certify that all inforrnation contained in this Form is complete, true, and accurate. I understand that, i upon receipt of notification that the application has been scheduled for public hearing, I am responsible for ' updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement rev. May-202A page 3 of 3 I i i i nG � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Bass Inlet (a/k/a Mill Pond and Mill Creek, GPIN: 2433-33-0267) and into a City-owned 5' drainage and utility easement at 344 Back Bay Crescent MEETING DATE: June 16, 2026 ■ Background: David B. Bessey and Erin P. Bessey, Trustees of the Bessey Revocable Trust dated November 5, 2025 (the "Applicant"), have requested permission to maintain an existing vinyl bulkhead with returns and a concrete patio, and to construct and maintain a timber floating pier, two (2) personal watercraft floats, an aluminum gangway, a timber pier, a 4-timber pile aluminum boat lift, a timber open-sided roof structure and two (2) personal watercraft lifts (collectively, the "Temporary Encroachment") into City-owned property known as Bass Inlet a/k/a Mill Pond and Mill Creek (GPIN: 2433-33-0267) and into a City-owned 5' drainage and utility easement, located at the side and rear of 344 Back Bay Crescent (GPIN: 2433-22-8768). Previous encroachments to construct and maintain a boat lift, 4 piles, a pier, and jet ski floats were approved on November 7, 2006 by ORD-2962A and April 20, 2021 by ORD-3652A. If the Temporary Encroachment is approved, the previous approvals will be revoked and terminated. This encroachment exceeds the size restrictions in City Code Section 33-113.3 and contains a roof structure, and therefore, it cannot proceed administratively and is presented to the City Council for action. ■ 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 Bass Inlet a/k/a Mill Pond and Mill Creek, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate . City Manager: 09 1 Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 BASS INLET (A/K/A MILL POND AND 7 MILL CREEK, GPIN: 2433-33-0267) AND 8 INTO A CITY-OWNED 5' DRAINAGE AND 9 UTILITY EASEMENT AT 344 BACK BAY 10 CRESCENT 11 12 WHEREAS, David B. Bessey and Erin P. Bessey, Trustees of the Bessey 13 Revocable Trust dated November 5, 2025 (the "Applicant") have requested permission to 14 maintain an existing 56' of vinyl bulkhead (with 9.4' and 11.1' returns) and 52.7' of a 15 concrete patio, and to construct and maintain a 10' x 15' timber floating pier, two 5' x 12' 16 personal watercraft floats, a 4' x 12' aluminum gangway, a 12' x 16' timber pier, a 12' x 13' 17 4-timber pile aluminum boat lift, a 16' x 30' timber open sided roof structure and two 6' x 6' 18 personal watercraft lifts (collectively, the"Temporary Encroachment") into a portion of City- 19 owned property known as Bass Inlet(a/k/a Mill Creek/Mill Pond, GPIN: 2433-33-0267)and 20 into a City-owned 5' drainage and utility easement at 344 Back Bay Crescent (GPIN 2433- 21 22-8768); 22 23 WHEREAS, previous encroachments to construct and maintain a boat lift, 24 four(4) piles, a pier and jet ski floats were approved on November 7, 2006 by ORD-2962A 25 and April 20, 2021 by ORD-3652A. 26 27 WHEREAS, upon approval of the Temporary Encroachment, the previous 28 approvals will be revoked and terminated; and 29 30 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 31 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 32 the City's property and easements subject to such terms and conditions as Council may 33 prescribe. 34 35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 39 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 40 and successors in title are authorized to construct and maintain the Temporary 41 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 42 REQUEST FOR AN EXISTING VINYL BULKHEAD AND CONCRETE PATIO, AND A 43 PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS, 44 ALUMINUM GANGWAY, TIMBER PIER, ALUMINUM BOAT LIFT WITH A ROOFED 45 STRUCTURE AND (2) PERSONAL WATERCRAFT LIFTS FOR: DAVID B. BESSEY & 1 46 ERIN P. BESSEY, TRUSTEES OF THE BESSEY REVOCABLE TRUST 344 BACK BAY 47 CRESCENT BACK BAY MEADOWS SECTION 3 LOT 62 M.B. 67, PG.45," Scale: 1" =40', 48 dated October 7, 2025, prepared by Chesapeake Bay Site Solutions, a copy of which is 49 attached hereto as Exhibit "A" and on file in the Department of Public Works and to which 50 reference is made for a more particular description; 51 52 BE IT FURTHER ORDAINED, thatthe Temporary Encroachment is expressly 53 subject to those terms, conditions and criteria contained in the agreement between the City 54 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 55 been presented to the Council in its agenda, and will be recorded among the records of the 56 Clerk's Office of the Circuit Court of the City of Virginia Beach; 57 58 BE IT FURTHER ORDAINED, that the City Manager or his authorized 59 designee is hereby authorized to execute the Agreement, and 60 61 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 62 such time as the Applicant and the City Manager or his authorized designee execute the 63 Agreement. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 66 day of , 2026. CA17020 R-1 Prepared: 3/24/26 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d031\p030\01119056.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: YPBL C WOR , REAL ESTATE A S 'A REN J. A4NT TORNEY 2 Docusign Envelope ID: 160CF73B-9ACD-867A-8393-037C2410BD12 BESSEY ENCROACHMENT EXHIBIT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 220.00' 1 32.86' 1 32.83' 1 S 35°58'53"E 8-33-26" d MILL POND/BASS 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. INLET CANAL 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 CITY OF VIRGINIA BEACH COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267 BOUNDARY SURVEY, M.B. 67 PG.45 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS —EBB REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �LOOD— S 39°18'00"E 2 4' 122.15' I _ 56.0' _ — 7—� M.B.67 PG.45 EXISTING VINYL BULKHEAD _ 1 EXISTING BULHEAD OF APO 44.0t 3.4'— _ EX.BULKHEAD OF APO 1 II I I I LOT 63 I � I NOW OR FORMERLY LOT 61 I CONCRETE - N I I � THOMAS & LINDA A. KNEPP NOW OR FORMERLY `^ I PATIO LOT 62 I NOW OR FORMERLY 1� GPIN:2433 ZZ 9618 MICHAEL D. & MERRI B.TYRREL �; I DAVID B. BESSEY& ERIN P. � INST: 200408260136584 GPIN:2433-22-7895 � I Ic I BESSEY,TRUSTEES OF THE M.B. 67, PG.45 INST: 20151201001 157070 I BESSEY REVOCABLE TRUST i� M.B.67, PG.45 I i GPIN:2433-22-8768 iJN I INST: 202503047735 M.B.67, PG. 45 ICI w I t� 1Lu o I I ILII o I N " IS/ ' I I Ln m( j CONCRETE i_I Z! i DRIVE IJ�� 441�1��f/ , li Io % T xOFjl�o■ IQ O� AV Io�� •O • l nl �U GREGORY 0. MILSTEAD � �b Lic. No. 047323 a� 5/6/2026 wW� N 31°37'00"W V.� 0 -�-`-- -- -5-8.0-7-' EXISTING �-T- Cl ; � S ON. ��18' i P(F) IP( )CONDITIONS ---- 40 . 80 BACKBAYCRESCEN 50'RIGHT-OF-WAY ,141'TO SAND-- SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT WITH A ROOFED STRUCTURE AND(2) PERSONAL WATERCRAFT LIFTS (MSAPEAU, BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST SITE SOLUTIONS 344 BACK BAY CRESCENT P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62 VIRGINIA BEACH,VIRGINIA 23456 (757)575-3715 M.B. 67, PG. 45 OCTOBER 7, 202S PAGE 1 OF 2 Docusign Envelope ID: 160CF73B-9ACD-867A-8393-037C2410BD12 BESSEY ENCROACHMENT EXHIBIT CURVE I RADIUS I ARC LENGTH I CHORD LENGTH I CHORD BEARING I DELTA ANGLE C1 1 220.00' 1 32.86' 1 32.83' 1 S 3S°58'53"E 1 8°33'26" MILL POND/BASS 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. INLETICANAL 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 CITY OF VIRGINIA BEACH COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267 BOUNDARY SURVEY. M.B. 67 PG.45 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS ~EBB REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PROPOSED 16'x3O'TIMBER �LOOD- PROPOSED(4)TIMBER PILE OPEN SIDED ROOF STRUCTURE PROPOSED(2)5'x12' PERSONAL ALUMINUM BOAT LIFT <(1 WATERCRAFT FLOATS, 10'x15' 62'N TIMBER FLOATING PIER,& , z ALUMINUM GANGWAY z S 39°18'00" E LD � 34.6'�� 122.15' _ --- 26.2' __--�, F-8.2' M.B. 67 PG. 45 EXISTING VINYL BULKHEAD r I EXISTING I PROPOSED 12'X16' j ' BULHEADOFAPO EX.BULKHEAD OF APO ; I TIMBER PIER I j (2) PROPOSED PERSONAL I I LOT 63 WATERCRAFT LIFTS i NOW OR FORMERLY CONCRET - \ / i PATIO LOT 62 0 i ; THOMAS&LINDA A. KNEPP LOT 61 I NOW OR FORMERLY I� GPIN:2433-22-9618 NOW OR FORMERLY c' j DAVID B. BESSEY& ERIN P. - j`t; INST: 200408260136584 MICHAEL D. &MERRI B.TYRREL I BESSEY,TRUSTEES OF THE ICI M.B. 67, PG.45 GPIN:2433-22-7895 I BESSEY REVOCABLE TRUST m�m INST: 20151201001157070 I GPIN:2433-22-8768 1JN M.B.67,PG. 45 i INST: 202503047735 IZ; M.B.67, PG. 45 ICI wi ff� I�i ��11♦ ♦1�� o Iw� �� HOB' 0� =C)� i °n°I j CONCRETE ICI = (a� AV Z i I DRIVE I> ♦O • I IWIo �O GREGORY 0. MILSTEAD�� I i� ^ PROJECT DETAIL 1"=40' �b LiC. No. 047323 30 C) 5/6/2026 C : i 1kni y 12 — �i IONALY�10 I 27' 11111111, I I N 31°37'00"W i ! A _6'----6' 58.07' j �n — 12' 16' N Z, Z. PROPOSED 12' P(F) Cl -i is IMPROVEMENTS ----�y-- -- - ---�- - tP(F) 0 40 80 BACK BAY CRESCENT -��- 50'RIGHT-OF-WAY 1,141'TO SAND SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT WITHA ROOFED STRUCTURE AND(2)PERSONAL WATERCRAFT LIFTS (MSAPEAKE BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST SITE SOLUTIONS 344 BACK BAY CRESCENT P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG. 45 OCTOBER 7, 2025 PAGE 2 OF 2 (757)575-3715 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 2026, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID B. BESSEY and ERIN P. BESSEY, TRUSTEES OF THE BESSEY REVOCABLE TRUST DATED NOVEMBER 5, 2025, THEIR 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 "62" as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" Scale: 1" = 100', dated July 1965, prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 344 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, previous encroachments to construct and maintain a boat lift, four (4) piles, a pier and jet ski floats into a portion of the existing City-owned property known as Bass Inlet (a/k/a Mill Creek / Mill Pond) were approved on November 7, 2006 as ORD-2962A and on April 20, 2021 as ORD-3652A, and recorded in the aforementioned Clerk's Office as Instrument Numbers 20061122001759010 and 202103038496, respectively (collectively, the "Previous Encroachment"); and GPIN: 2433-33-0267 — City Property (Bass Inlet a/k/a Mill Creek/Mill Pond) GPIN: 2433-22-8768 — 344 Back Bay Crescent WHEREAS, it is proposed by the Grantee to maintain an existing 56' of vinyl bulkhead (with 9.4' and 11.1' returns) and 52.7' of a concrete patio, and to construct and maintain a 10' x 15' timber floating pier, two 5' x 12' personal watercraft floats, a 4' x 12' aluminum gangway, a 12' x 16' timber pier, a 12' x 13' 4-timber pile aluminum boat lift, a 16' x 30' timber open sided roof structure, and two 6' x 6' personal watercraft lifts, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Bass Inlet (a/k/a Mill Creek / Mill Pond) and into a City-owned 5' drainage and utility easement on 344 Back Bay Crescent, collectively, 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 revokes and terminates the Previous Encroachment and 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 VINYL BULKHEAD AND CONCRETE PATIO, AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS, ALUMINUM GANGWAY, TIMBER PIER, ALUMINUM 2 BOAT LIFT WITH A ROOFED STRUCTURE AND (2) PERSONAL WATERCRAFT LIFTS FOR: DAVID B. BESSEY & ERIN P. BESSEY, TRUSTEES OF THE BESSEY REVOCABLE TRUST 344 BACK BAY CRESCENT BACK BAY MEADOWS SECTION 3 LOT 62 M.B. 67, PG. 45," Scale: 1" _ 40', dated October 7, 2025, prepared by Chesapeake Bay Site Solutions, 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 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 344 Back Bay Crescent, 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 344 Back Bay Crescent, Virginia Beach, VA 23456. 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. 3 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that 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, David B. Bessey and Erin P. Bessey, Trustees of the Bessey Revocable Trust dated November 5, 2025, the said Grantee, 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. 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 THE BESSEY REVOCABLE TRUST DATED NOVEMBER 5, 2025 By: DA SEY, Trustee By: ERI ESSEY, Trustee STATE OF I CITY/COUNTY OF V1Qft1NVk ?VP0A, to-wit: AThe foregoing instrument was acknowledged before me this day of MCA�,4 2026, by DAVID B. BESSEY and ERIN P. g4\B®E*fq,Trustees of the #0 SIc r�1 Bessey Revocable Trust dated November 5, 2025. ' ••NOTARy� : Pusu, t<` N's i�: REG. :C0 a • o (SEAL) Notary Pub 2,,,FgLTH OFv�.�``�p Notary Registration Number: Q7 00�j My Commission Expires: !(� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM �r"Cw OR — REAL ESTATE S -LOR J. GRANT A CIATE ITY ATTORNEY 617 Docusign Envelope ID:160CF73B-9ACD-867A-8393-037C2410BD12 BESSEY ENCROACHMENT EXHIBIT CURVE I RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1 220.00' 1 32.83' S35°58'53"E 8°33'26" MILL POND/BASS 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF ATITLE REPORT. INLETICANAL 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 CITY OF VIRGINIA BEACH COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267 BOUNDARY SURVEY. M.B. 67 PG.45 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS ~EBB REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LOOD S 39°18'00"E 2 4' 122.15' --- Q 56.0' _ — T11— M.B.67 PG. 45 EXISTING VINYL BULKHEAD - _ - - I r-- I EXISTING BULHEAD OF APO �'- EX.BULKHEAD OF APO I 1 I 1 I I LOT 63 I � NOW OR FORMERLY LOT 61 I CONCRETE - i PATIO LOT 62 THOMAS&LINDA A. KNEPP NOW OR FORMERLY I NOW OR FORMERLY GPIN:2433-22-9618 MICHAEL D.& MERRI B.TYRREL !v.,' INST: 200408260136584 DAVID B. BESSEY& ERIN P. Ll I GPIN:2433-22-7895 COI I BESSEY,TRUSTEES OF THE I^� M.B.67, PG.45 INST: 20151201001 157070 I BESSEY REVOCABLE TRUST ice;M M.B. 67, PG. 45 I I GPIN:2433-22-8768 IJo INST: 202503047735 II-; 2 M.B.67, PG. 45 IW rn ° I I CONCRETE Id' Z I DRIVE Ij, 11111�� Iwlo FJl�� i I IQi �■0 i I �?� ��. I '0 •O i lin/ *U GREGORY 0. MILSTEAD�• �b Lic. No. 047323 a� 5/6/2026 WWI N 31°37'00"W I �� 58.07' /S EXISTING P(F), Cl i CONDITIONS -----��-- -- - ---�- - tF) 0 40 80 BACK BAY CRESCEN50'RIGHT-OF-WAY ,141'TO SAND-- SCALE: 1"=40' M.B. 67, PG.45 BEND ROAD EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND CONCRETE PATIO,AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT WITH A ROOFED STRUCTURE AND(2)PERSONAL WATERCRAFT LIFTS CUSAPEAM BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST SITE SOLUTIONS 344 BACK BAY CRESCENT P.O BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG. 45 OCTOBER 7, 2025 PAGE 1 OF 2 (757)575-3715 Docusign Envelope ID: 160CF73B-9ACD-867A-8393-037C2410BD12 BESSEY ENCROACHMENT EXHIBIT CURVE RADIUS I ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA AN Cl 220.00' 1 32.86' 1 32.83' S 35'58'53"E 1 8'33'26" MILL POND/BASS 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. INLETICANAL 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. CITY OF VIRGINIA BEACH 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS, PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A GPIN:2433-33-0267 BOUNDARY SURVEY. M.B. 67 PG.45 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS ~EBB REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PROPOSED 16'x30'TIMBER �LOOD- PROPOSED(4)TIMBER PILE OPEN SIDED ROOF STRUCTURE PROPOSED(2)5'x12' PERSONAL ALUMINUM BOAT LIFT c� WATERCRAFT FLOATS, 10'x15' 62.N TIMBER FLOATING PIER, & A ALUMINUM GANGWAY S 39°18'00"E 34.6'�� G.)122AS'26.2' --- M.B. 67 PG. 45 _ EXISTING VINYL BULKHEAD r I EXISTING I PROPOSED 12'xl6' j ' BULHEAD OF APO EX.BULKHEAD OF APO I TIMBER PIER i I (2) PROPOSED PERSONAL i LOT 63 I WATERCRAFT LIFTS 1 NOW OR FORMERLY ONCCRE" - ` " ""I ; THOMAS&LINDA A. KNEPP PATIO LOT 62 LOT 61 a I NOW OR FORMERLY GPIN: 2433 22-9618 NOW OR FORMERLY �' i DAVID B. BESSEY& ERIN P. �`� INST: 200408260136584 Lj MICHAEL D. &MERRI B.TYRREL 00 I BESSEY,TRUSTEES OF THE 1^I M.B. 67,PG.45 GPIN:2433-22-7895 I BESSEY REVOCABLE TRUST II,- m INST: 20151201001157070 GPIN:2433-22-8768 iJN M.B.67, PG. 45 I INST: 202503047735 M.B.67, PG. 45 ICI wi I i '."� I15_=� IH� ��111 ♦1�� o IWj 0 n' I i� =�� i °in°I j CONCRETE ICI IL AV � ♦ Z I I DRIVE �13, IIw o GREGORY 0. MILSTEAD I • PROJECT DETAIL 1"=40' Lic. No. 047323 •i3O� 5/6/2026 �,• I I ! I 1230�~■� � •` � I 1�' in in ��IONALE�i�' l i I i 27' ti ��11111 I I _6'----6' N 31°37'00"W a I 58.07' i n 12' 16' N PROPOSED P(F) Cl , 12' 15' IMPROVEMENTS -----�1--- -- - Cl - tj �F) 0 40 80 BACKBAYCRESCENT 50'RIGHT-OF-WAY ,14 Y TO SAND SCALE: 1"=40' M.B. 67, PG. 45 BEND ROAD EXHIBIT'A'- ENCROACHMENT REQUEST FOR AN EXISTING VINYL BULKHEAD AND CONCRETE PATIO, AND A PROPOSED TIMBER FLOATING PIER, (2) PERSONAL WATERCRAFT FLOATS,ALUMINUM GANGWAY, TIMBER PIER,ALUMINUM BOAT LIFT WITH A ROOFED STRUCTURE AND(2) PERSONAL WATERCRAFT LIFTS CUSAPEAM BAY FOR: DAVID B. BESSEY& ERIN P. BESSEY,TRUSTEES OF THE BESSEY REVOCABLE TRUST SITE SOLUTIONS 344 BACK BAY CRESCENT P.0 BOX 6663 BACK BAY MEADOWS SECTION 3 LOT 62 VIRGINIA BEACH,VIRGINIA 23456 M.B. 67, PG.45 OCTOBER 7, 2025 PAGE 2 OF 2 (757)575-3715 Bessey Encroachment Picture Exhibit or View looking Southeast showing similar Encroachments t View looking Northwest i i S i t Besse Encroachment Picture Exhibit . . . , . . .a : . \ . .� - a . . �. : ? © Overhead mew N 1�Eb Y♦ � t yV /� S y► Nil M 5'DRAINAG[ Al II) I J 111 11 Y,I AS[ MEI I I i g I LOCATION MAP Legend ENCROACHMENT REQUEST g FOR DAVID BESSEY & ERIN BESSEY 2433-22-8768 GP I N: 2433-22-8768 . 0 50 100 CITY PROPERTY .. Feet 4 is r Prenarrri Rv MAM\P W no\S,--V Rtwea11\11- O2, 11NPVS I fC CIS roleets eai SIHIP.UlOPr1dB MaOs12503 1 Ci IPJ?41, fiA-.56A�19433-22-8768 Aural anrx N O E SITE Z �2o zxz Q uj cn �° z a. , 5'DRAII IAGE AND UTILITY EASEMEFI I F s LOCATION MAP Legend ENCROACHMENT REQUEST g FOR DAVID BESSEY & ERIN BESSEY 2433-22-8768 13 GPIN: 2433-22-8768 0 50 100 ❑ CITY PROPERTY Feet Prenared Rv MAWP W Fnd,Survev ure.au\11-7.-70?5 X iSurve.v%\PRO.1FCTStArr(iis Proieds\Real F%tatelAaenda Mans72. 371 (SPIN 241,"P-. RR?433-27-8768 anrx Disclosuretow CITY OF VB 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 �-1�� Is Applicant also the Owner of the subject property? Yese Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes No If yes, name Representative: W 0gU7V'R.un� C!ms�"C`� '► E- N Q, Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes©Noo If yes, list the names of a1I officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, ��. RDC cross-collateralization, etc.) _ Kir ��(�� ' 't��9`�� IVIOR-T&A Real Estate Broker/Agent/Realtor 0 1 e 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 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 G Engineer/Surveyor/Agent G) 0 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 committ in connection with this application. Applicant Name (Print) pplicant i 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. May-2024 page 2 of 3 � Nu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $240,000 from the Sale of Equipment to Capital Project #100175, "Fire Apparatus IV" MEETING DATE: June 16, 2026 ■ Background: In April 2026, the Fire Department worked with Public Works' Fleet Management Division to sell one of the City's fire engines (Engine 6) for a total of $240,000. This was the oldest primary engine in the fleet- a 2011 model. The engine was purchased before the Fire Department had two tankers available in the fleet and thus had a very large tank to cover higher volume needs. Because of its size and age, the engine was not practical to use as a reserve engine, had limited storage options, and had maintenance costs exceeding $100,000. Due to these factors, the Fire Department and Fleet Management decided to sell the engine and use the proceeds to fund future apparatus purchases through the dedicated Capital Project. New fire apparatus are funded through Capital Project#100175 "Fire Apparatus IV." The project is funded primarily through pay-as-you-go funding from the General Fund, though it also previously received $164,700 in funding from older engine sales. Fire apparatus manufacturers faced severe supply chain issues during the pandemic, which caused increased prices and a gap in the vehicle replacement plan. To address these issues, this project received elevated funding in the FY 2025-26 and FY 2026-27 Capital Improvement Plans. ■ Considerations: Until the revenue from the sale of the engine is appropriated, the funds cannot be utilized by Fleet Management or the Fire Department to support purchasing new fire apparatus. ■ Recommendations: Adopt the attached ordinance. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Detail Sheet Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:N 1 AN ORDINANCE TO APPROPRIATE $240,000 FROM 2 THE SALE OF EQUIPMENT TO CAPITAL PROJECT 3 #100175, "FIRE APPARATUS IV" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $240,000 from the sale of equipment is hereby appropriated, with revenue 9 increased accordingly, to Capital Project#100175 "Fire Apparatus IV,"within the FY2025- 10 26 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -�L G—D Budget and anagement a -ces Ci rn Office CA17243 R-1 May 27, 2026 City of Virginia Beach FY 2027 through FY 2032 Capital Improvement Program Project: 100175 Title:Fire Apparatus IV Status:Approved Category:Buildings&Assets Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Equipment District:Citywide 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 55,966,394 33,002,071 11,634,448 2,265,975 2,265,975 2,265,975 2,265,975 2,265,975 0 ScopeDescription and This project funds replacement and/or new fire apparatus that have a useful life of over 10 years.Specific vehicles to be replaced have been identified in a long- term replacement schedule.Some apparatus may have been previously refurbished to extend their useful life and are now in need of replacement.Based on replacement metrics including age,miles,repair cost,etc.The 10 apparatuses in need of replacement include:T05 Tanker 5,L31 Ladder 31,E38 Engine 38,L01 Ladder 1,L32 Ladder 32,Air and Light Truck,E34 Engine 34,FR 30 Fire Rescue 30,E01 Engine 1,E30 Engine 30. Purpose e ire epartment,in co a oration wit ity arage, as i enti ie equipment tilat flas exceeueci or is approac mg t e en o its-use illi e.TI I[[[[[[s equipment requires replacement to ensure efficiency and safe delivery of services that are dependent upon these vehicles and equipment.As guidelines for usage,the Fire Department uses the following lifespan guidelines for its heavy apparatus:fifteen years of front-line use and five years of reserve use for pumper/engine,tanker trucks,and quint engine trucks,and ten years of front-line use and five years of reserve use for ladder trucks. History and Current Status This project first appeared in the FY 2018-19 CIP and is a continuation of project 3-134 Fire Apparatus III.FY 2026 included a significant increase of$7 million to close out identified vehicle replacement gap caused by the pandemic supply chain issues as as cost increases driven by inflation.FY27 included an increase of$9 million. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Furniture and Equipment 07/19-06/32 55,966,394 Total Budgetary Cost Estimate: 55,966,394.00 Means of Financing Funding Subclass Amount Local Funding 55,801,694.00 Sale of Equipment 164,700.00 Total Funding: 55,966,394.00 NO MAP REQUIRED sad'''" S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Commonwealth Opportunity Fund Award to the City of Virginia Beach Development Authority MEETING DATE: June 16, 2026 ■ Background: Acoustical Sheetmetal Company, in partnership with the City of Virginia Beach, the City of Virginia Beach Development Authority(VBDA), and the Virginia Beach Economic Development Partnership Authority (VEDP) entered into a Performance Agreement as of February 17th, 2026 to acquire land and construct, equip, and operate a manufacturing, storage, and office facility in the City of Virginia Beach. For this project, the City of Virginia Beach was awarded a $1,750,000 Commonwealth Opportunity Fund (COF) incentive award. The COF program offers a cash grant to offset qualifying project-related costs such as site acquisition and development, transportation access, utility extension or capacity development, construction or build-out of buildings, or training. This project includes a planned capital investment of $45,793,361 as of the beginning of May 1, 2024 and creation and maintenance of 350 new jobs as of the beginning of May 1, 2025. The VEDP awards COF grants to a locality for qualifying projects. The VEDP requires the locality to enter into a performance agreement setting forth certain project assumptions. In accordance with the COF payment procedures, the full $1,750,000 will be appropriated to the VBDA. The VBDA will administer the grant as required by the COF process and disburse the incentive payments to Acoustical Sheetmetal Company. ■ Considerations: The attached ordinance appropriates the $1,750,000 COF award to the VBDA. The VBDA will administer the grant as required by the COF process and disburse the incentive grant payment. ■ Public Information: Normal Council Agenda process. ■ Attachment: Ordinance; Performance Agreement; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: �h) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 COMMONWEALTH OPPORTUNITY AWARD TO THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $1,750,000 is hereby accepted from the Commonwealth Opportunity Fund and 9 appropriated, with estimated state revenues increased accordingly, to the City of Virginia 10 Beach Development Authority in furtherance of the purposes of the Commonwealth 11 Opportunity Fund Award for the Acoustical Sheetmetal Company project. The use of such 12 funds shall be governed by a performance agreement for the project. 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: Budget and anagement Services i y ttorney's Office CA17245 R-1 May 27, 2026 t , 1 s A i 5� pS 4 l COMMONWEALTH'S DEVELOPMENT OPPORTUNITY.FUND j PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT(the"Agreement")made and entered this 17th day of February, 2026, by and among the CITY OF VIRGINIA BEACH, VIRGINIA (the i "Locality"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), € ACOUSTICAL SHE,ETMETAL COMPANY LLC,a Virginia Limited Liability Corporation (the "Company"), the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY('VEDP"),a political subdivision of the Commonwealth,and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BE, VIRGINIA(the i "Authority"},a political subdivision of the Commonwealth. i WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive$1,750,000 (the "COF Grant"} from the Commonwealth's Development Opportunity Fund (the "Fund") through VEDP for the purpose of inducing the Company to acquire land and construct,equip,and operate a manufacturing, storage, and office facility in the Locality (the "Facility"), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs,as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company,provided that the Company meets certain criteria relating to Capital Investment and New Jobs; WHEREAS,the Locality,the Authority,the Company,and VEDP desire to set forth their understanding and agreement as to the payout of the COP Grant, the use of the COF Grant proceeds,and the obligations of the Company regarding Capital Investment and Now Jobs; WHEREAS,the acquisition of land and the construction,equipping,and operation of the Fac.lity will entail a capital expenditure by or on behalf of the Company of$45,793,361,of which approximately $9,000,000 will be invested in machinery and tools, approximately $2,793,361 will be invested in the acquisition of land,and approximately$34,000,000 will be invested in the construction,expansion and up-fit of the buildings for the Facility; WHEREAS,the acquisition of land and the construction,expansion,and operation of the Facility will fitrther entail the creation and Maintenance of350 New Jobs at tlue Facility;and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for tine expenditure of public funds and is the animating purpose for the COF Grant: NOW,THEREFORE,inconsideration of the foregoing,the mutual benefits,promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the I Acoustical Sheet Metal COF Performance Agreement FINAL receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows, r 1 i 3 � Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property,taxable tangible personal property,or both,at the Facility.The purchase or lease of machinery and tools or furniture, fixtures, and business personal property, including under an operating lease, and expected building construction and up-fit by or on behalf of the Company will qualify as Capital Investment. The Capital Investment mast be in addition to the capital improvements at the Facility as of May 1,2024. "Capital Investment Target"means that the Company has made or caused to be made and retained Capital Investments of at least$45,793,361. "Fiscal Year"means the fiscal year of the Commonwealth,which runs July I through June 30. "Fund"means the Commonwealth's Development Opportunity Fund. "Maintain" means, for New Job purposes, that the New Jobs will continue without . interruption from the date of creation through the date that the level of achievement of the New Jobs Target is being tested, including the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to(i)temporary reductions in the Company's employment levels(so long as there is active recruitment for open positions),(ii)strikes,and(iii)other temporary work stoppages.For Capital Investment purposes, "Maintain" means that the capital investment has been retained from flue date the investment is made through the date that the level of achievement of the Capital Investment Target is being tested,including the Performance Date, "New Job"means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least $58,246. Average annual wage means the average annual salary of full-time positions at the Facility determined by dividing total payroll (of a type included in W-2 compensation) provided to full-time positions at the Facility by the number of full-time positions at the Facility. Each New Job must require a minimum of either(i)35 hours of an employee's time per week for the entire normal year of the Company's operations,which"normal year"must consist of at least 48 weeks,or(ii) 1,680 hours per year. Seasonal or temporary positions,positions created when a job function is shifted from an existing location in the Commonwealth,and positions with construction contractors,vendors, suppliers and similar multiplier or spin-offjobs shall not qualify as New Jobs,The New Jobs must be in addition to the 534 furl-time jobs in the Commonwealth as of May 1,2025, 2 Accauslicat Sheet Metal COF Perforrnaatce Agreement FINAL } 1 "New Jobs Target"means that the Company has created and Maintained at least 350 New Jobs. "Performance Date"means June 30,2030. "Performance Report" means a report to be filed by the Company in accordance with Section 5. The "Final Performance Report"is to be filed within 90 days after the Performance Date. As noted in Section 5, the Locality, the Authority and VEDP may each request a Performance Report at other dates prior to the Performance Date. "Targets" means the Capital Investment Target and the New Jobs Target, all to be achieved as of the Performance Date. "Virginia Code"means the Code of Virginia of 1950,as amended. Section 2. Tartrets; Statutory Criteria. (a) Targets: The Company will construct,equip and operate the Facility,and achieve the Targets. (b) Encouragement to Offer Nety Jobs to Residents of the Cormtontyealth: The Locality,the Authority,and VEDP hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to"Residents"of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who,for an aggregate of more than 183 days of the year,maintained a place of abode within the Commonwealth,whether domiciled in the Commonwealth or not, (c) Prevailing Wage, Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least$58,246 is more than the prevailing average annual wage in the Locality of S57,232. The Locality is not a high-unemployment locality, with an unemployment rate for 2024, which is the last year for which such data is available, of 2.7% as compared to the 2024 statewide unemployment rate of 2.9%, The Locality is not a high-poverty locality,with a poverty rate for 2023,which is the last year for which such data is available,of 8.7%as compared to the 2023 statewide poverty rate of 10.2%. (d) Disclosure of Political Contributions: The Company acknowledges that the name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Agreement, the Governor, his campaign committee,and his political action committee will submit to the Virginia Conflict of Interest and Ethics Advisory Council a report listing any contribution,gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political action committee,respectively,during the period from the date of the Company's application for the COF Grant through the one-year period immediately after the date of this Agreement. 3 Acoustical Sheet Metal COF Performance Agreement FINAL f i I I (e) Support for Krghda's and Locality's Ecouornte Develop»tent Efforts: Recognizing that it is in the best interest of all parties for the Commonwealth and the Locality to I achieve sustained economic growth, the parties will periodically engage with one another to advise on economic development strategies and initiatives for the Commonwealth and the Locality, such as promoting the attributes of the Commonwealth and the Locality as places to do business, or highlighting important industry trends and/or business development opportunities that the Commonwealth or the Locality may wish to pursue. Such engagement would include the Company's participation in occasional business retention and expansion visits from VEDP personnel, as deemed appropriate based on the project parameters and nature of the incentives provided to the Company. (f) Compliance with Environmental Laws: The Company covenants to(i)comply in all material respects with any and all applicable federal, state and local laws and regulations relating to the protection of human health and safety, the environment or hazardous or toxic substances or wastes, pollutants or contaminants ("Environmental Laws") with respect to its operations at the Facility,(ii)receive all material permits,licenses or other approvals required of the Company under applicable Environmental Laws to conduct its business at the Facility, and (iii)remain in compliance with all material terms and conditions of any such permit, license or approval,If the Company fails to comply with this covenant and fails to rectify the noncompliance within 30 days of notice from VEDP,VEDP shall have the option to terminate this Agreement in accordance with Section 7. Section 3. Disbursement of COF Grant. (a) General Provisions:The disbursement of the COF Grant proceeds to the Company will serve as an inducement to the Company to achieve the Targets. The statittory minimum requirements for a COF Grant in the Locality, as set forth in § 2.2-115 of the Code of Virginia, require that the Company (1) make or cause to be made and retained a Capital Investment of at least$5,000,000 and(2)create and Maintain at least 50 New Jobs in order to be eligible for a Grant(the"Statutory Minimum Requirements"). The COF Grant proceeds shall be retained in the Fund until needed for disbursement or the COP Grant is withdrawn in accordance with the terms of this Agreement. (b) Disbrrsernent of the Porlion of the COF Grant to be Disbursed for New Jobs: When the Company has achieved the Statutory Minimum Requirements,and beginning no sooner than the submission and verification of the Performance Report due by October 1, 2026, which shall reflect the performance of the previous fiscal year,the Company shall be eligible for a COF Grant Payment equal to $4,000 for each New Job that the Company creates, up to a maximum of$1,400,000 in total Grant Payments for New Jobs. The table below sets forth the maximum COF Grant Payment available for the creation and Maintenance of New Jobs for each fiscal year of this Agreement. In any given year, if the 4 Acoustical Sheet Metal COI:Perfonuance Agreement FINAL Company creates and Maintains more New Jobs than set forth below, the excess jobs may be counted towards the next fiscal year's job creation,up to a maximum of 350 jobs.If the Company creates and Maintains fewer jobs in a fiscal year than set forth below,the difference may be made up in subsequent performance years, Atmual COF Grant Payments for New Jobs shall be calculated and paid as follows: (A) (13) (C) (D) Fiscal Year of Jobs Created Maximum Annual Total Annual Performance Amount Earned for Grant Paid for New Jobs Created New Jobs($) $4 000/'ob 2026* 85 340,000 - 2027 85 340,000 340,000 2028 45 180,000 340,000 2029 55 220,000 180,000 2030 80 320,000 220,000 2031 -- - 320,000 Totals 350 $1 400 000 1 $1 400 000 Fiscal Year 2026 will include jobs created from May 1,2025 through June 30,2026 Within 60 days after verification of the Performance Report,if any amount of COF Grant proceeds is available for disbursement to the Company, as determined in accordance with the foregoing calculations, VEDP will disburse that amount to the Locality. Within 30 days after receipt of such amount, the Locality will disburse such COF Grant proceeds to the Authority. Within 30 days after receipt of such amount,the Authority will disburse such COF Grant proceeds to die Company. Funds disbursed pursuant to this subsection shall be considered earned when paid to the Company, and shall not be subject to repayment, unless the Statutory Minimum Requirements have not been Maintained through the Performance Date. If the Statutory Minimum Requirements have not been Maintained, the Company shall repay any Funds previously disbursed pursuant to subsections(d)and(e)of this Section. If any amount of COF Grant proceeds has not been earned by the Company by the Final Performance Date,the amount not disbursed will be retained in the Fund and will be available for other economic development projects. (c) Disbursement of the Portion of the COF Gi-ant to be Disbursed for Capital Investment; When the Company has achieved the Statutory Minimum Requirements,and beginning no sooner than the submission and verification of the Performance Report due by October 1, 2026, the Company shall be eligible for a COF Grant Payment equal to$7,650 per$1,000,000 of Capital Investment the Company makes and retains up to a maximum of$350,000 in total Grant Payments for Capital Investment. 5 Acoustical Sheet Metal COF Performance Agreement FINAL The table below sets forth the maximum COF Grant Payment available for the amount of Capital Investment made and retain6d for each fiscal year of this Agreement. in any given year, if the Company makes and retains more Capital Investment than set forth below,the excess Capital Investment may be counted towards the next fiscal year's Capital Investment made, up to a i maxunum of$350,000 in Capital Investment. If the Company makes and retains less Capital Investment in a fiscal year than set forth below, the difference may be made up in subsequent performance years. Annual COP Grant Payments for Capital Investment shall be calculated and paid as fo_lows: (A) (13) (C) (D) Fiscal Year of Annual Capital Maximum Annual Total Annual Grant Performance Investment Amount Earned for Paid for Capital (S) Capital investment Investment ($7,650 per S1.0M) (S) S 2026* 10,793,361 82,569 -- 2027 15,500,000 118,575 82,569 2028 2 090,000 15,300 118,575. 2029 17 500,000 133,556 15,300 2030 - - 113,556 2031 ` Totals $45 793 361 $350 000 _ $350,000 *Fiscal Year 2026 will include Capital Investment made from May 1,2025 through June 30,2026 Within 60 days after verification of the Performance Report,if any amount of COF Grant proceeds are available for disbursement to the Company, as determined in accordance with the foregoing calculations,VEDP will disburse that amount to the Locality. Within 30 days after receipt of such amount,the Locality will disburse such COP Grant proceeds to the Authority.Within 30 days alter receipt of such amount,the Authority will disburse such COP Grant proceeds to the Company. Funds disbursed pursuant to this subsection shall be considered earned when paid to the Company, and shall not be subject to repayment, unless the Statutory Minimum Requirements have not been Maintained through the Performance Date, If the Statutory Minimum Requirements have not been Maintained, the Company shall repay any Funds previously disbursed pursuant to subsections(d)and(e)of this Section. (d) Repayment: If the Company qualified for and was paid pursuant to subsections(b) and (c), but fails to Maintain either of the Statutory Minimum Requirements through the Performance Date,the Company will be in breach of this Agreement and must repay to VEDP all of the COP Grant proceeds previously disbursed to the Company for redeposit into the Ccnunonwealth's Development Opportunity Fund. The Locality and the Authority shall use their beast efforts to assist VEDP in the recovery of such Funds, including legal action for breach of this Agreement. 6 Acoustical Sheet Metal COF Performance Agreement FINAL I (e) F'allrrre to Repay: If any repayment due pursuant to Section 3(d) is not made by the Company when due,the Board of Directors of VEDP(the"Board")may determine that further collection action is required, and the Board may refer the matter to the Office of the Attorney General (the "OAG") for collection pursuant to Section 2,2-518 of the Virginia Code. In any matter referred to the OAG for collection, the Company shall be liable to pay interest, administrative charges, attorney fees and other applicable fees. Interest on any outstanding repayment referred to the OAG shall accrue at the rate set forth in Section 6.2-301 A. of the Virginia Code(currently 6.0%per year)for(lie period from the Performance Date,until paid. (f) Use of the COF Grant Proceeds: The Company will use the COF Grant proceeds as permitted by Section 2.2-115(D)of the Virginia Code. SeAlon Q. Break-Even Point;State and Local Incentives. (a) State-Level Incentives: VEDP has estimated that the Commonwealth will reach its "break-even point" by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on discretionary incentives,including but not limited to the COF Grant.With regard to the Facility,the Commonwealth expects to provide discretionary incentives in.he following amounts: Category of Incentive: Total Amount COF Grant $1,750,000 Virginia Talent Accelerator Program("Virginia Talent 986,000 Accelerator")(Approximate Value) The proceeds of the COF Grant shall be used for the purposes described in Section 3(c). The Virginia Talent Accelerator represents the value to the Company of workforce development services expected to be provided by VEDP to the Company for recruitment and training. (b) Local-Level Incentives: The Locality and the Authority expect to provide the following hicentives,as matching grants or otherwise,for the Facility by the Performance Date: Categoryf Incentive: Total Amount Land discount $921,869 Cash grant 828,131 If, by the Performance Date, Cite total value of all Local-Level Incentives disbursed or provided,or committed to be disbursed or provided,by the Locality to the Company is less than the $1,750,000 COI{Grant local match requirement, (he Locality, subject to appropriation, will 7 Acoustical Sheet Metal COF Perfonnance Agreement MAL tl make an additional grant to the Company of the difference promptly after Performance Date, so long as the Company has met its Targets. (c) Other Incentives: This Agreement relates solely to the COF Grant. The ! qualification for, and payment of all State-Level Incentives and Local-Level Incentives, except for the COF Grant, will be governed by separate arrangements between the Company and the entities offering the other incentives, Section 5. Company Reporting. (a) Perfor•mmnceReporting.• The Company shall provide,at the Company's expense, in the form attached hereto as Exhibit A, detailed Performance Reports satisfactory to the I.ccality, the Authority and VEDP of the Company's progress on the Targets. The Performance Reports are due by each October 1, commencing October 1, 2026, reflecting the Company's progress toward the Targets as of the prior June 30. Further, the Company shall provide such Performance Reports at such other times as the Locality,the Authority or VEDP may require. (b) Final Perforwtarice Report.' The Company shall provide, at the Company's expense, in the form attached hereto as Exhibit B, a detailed Final Performance Report sa€isfactory to the Locality, the Authority and VEDP of the Company's achievement of the Targets as of the Performance Date,This Final Performance Report shall be filed within 90 days after the Performance Date. Should the Company be unable to file the Final Performance Report within the 90-day timeftame, the Company may request a 60-day delay in filing the Final Performance Report, VEDP will require a $3,000 fee,payable to VEDP, to process the request for the filing delay. Should the Company not file the Final Performance Report within the 90-day window nor request a filing delay(including payment of the required fee),or if the Company requests a filing delay but does not file the Final Performance Report prior to the new filing deadline, VEDP will withhold any COI: Grant payment that might otherwise be due, and all rights of the Company under this Agreement will automatically terminate. Section 6. Verification of Targets. (a) Verification of Capital Investment: Tile Company hereby authorizes the Locality, including the Locality's Commissioner of the Revenue and Treasurer, to release to VEDP the Company's real estate tax,business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If tine Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company's expense, such additional documentation or consents as the Locality or VEDP may request. In accordance with Virginia Code Section 58.1- 8 Acoustical Sheet Metal COF Performance Agreement FINAL i 3122.3,VEDP is entitled to receive the Company's real estate tax,business personal property tax and machinery and tools tax information from the Locality's Commissioner of the'Revenue. (b) Very7cation oJNewJobs and Wages: The Company must submit a copy of its four most recent Employer's Quarterly Tax Reports(Form FC-20)with the Virginia Employment Commission with each Performance Report. The forms shall be marked and considered i confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the New Jobs Target.In accordance with Virginia Code Section 60.2414,VEDP is entitled to receive the Company's employment level and wage information from the Virginia Employment Commission. The Company agrees that it will report to the Virginia Employment Commission with respect to its employees at a facility-level,rather than at the company-level. (c) Addidonal Documentation: In addition to the verification data described above, in the sole discretion of the Locality,the Authority or VEDP,the Locality,the Authority or VEDP, may each require such other docttmentation or audits as may be regiiired to properly verify the Capital Investment or New Jobs. Section 7. Possible.Termination of this Agreement find Redeployment of COF Grant Proceeds. If the Locality, the Authority or VEDP shalt determine at any time prior to the Performance Date that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, this Agreement will be terminated, no further disbursements of the COF Grant proceeds will be made to the Company,and the amount not disbursed will be retained in the Fund and made available for other economic development projects.Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company,an abandonment of the Facility by the Company,a failure to comply with the covenant provided in Section 2(f),or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the'targets for the COF Grant. Section 8. Notices. Formal notices and communications behveen the parties shall be given either by(i)personal service,(it)delivery by a reputable document delivery service that provides a receipt showing date and tune of delivery, (iii)mailing utilizing a certified or first class snail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery,or(iv)delivery by electronic mail(email)with transmittal confirmation and cor_tirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. No:ices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail.Notices and co►ntnunications delivered by email shall be deemed effective the next business day,not less than 24 hours,following the date of transmittal and confirmation of delivery to the intended recipient.Such written notices and communications shalt be addressed to: 9 Accustical Sheet Metal COF Performance Agreement FINAL { t F t Y� fk f if to the Company,to: with a'eopy to: Acoustical Sheetmetal Company LLC RTK Family Capital LLC 2009 Hudome Way 206 Overlook Road Virginia Beach,VA 23456 Richmond,VA 23229 Email: tnshaia@acousticalsheetnietal.com Email: jmoore@rtkcap.com Attention: Margaret Shaia Attention: Jeff Moore if to the Locality,to: with a copy to: City of Virginia Beach,Virginia City of Virginia Beach, Virginia 2401 Courthouse Drive,BIdg.1 2401 Cotulliouse Drive,Bldg,1,Rm,2098 Virginia Beach,Virginia 23456 Virginia Beach,Virginia 23456 Email: CMOMce@vbgov.com Email:astiles@vbgov.com Attention: City Manager Attention: City Attorney if to the Authority,to: with a copy to: Economic Development Authority of City of City of Virginia Beach,Virginia Virginia Beach,Virginia 2401 Courthouse Drive,Bldg.1,Rm.2098 425 Main Street,Suite 700 Virginia Beach,Virguua 23456 Virginia Beach,Virginia 23462 Email:astiles@vbgov.cotn Email:cedev@vbgov.com Attention:City Attorney Attention:Chair if to VEDP, to: with a copy to: Virginia Economic Development Partnership Virginia Economic Development Partnership One James Center,Suite 900 One James Center,Suite 900 901 East Cary Street 901 East Cary Street Richmond,Virginia 23219 Richmond,Virginia 23219 Email: ceo@vedp.org Email: generalcounsel@vedp.org Attention: President and CEO Attention: General Counsel Each party may change the address for service of notice upon it by a notice in writing to the other parties hereto. Section 9. Miscellaneous, (a) Eirttr•e Agreement;Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the COP Grant and may not be amended or modified, except in writing,signed by each of the parties hereto.This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may 10 Acoustical Sheet Metal COF Perfonnance Agreement FINAL i a nc t assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. I (b) GvveiningLaty; Venue; This Agreement is made,and is intended to be performed, in the Conunonwealth and shall be construed and enforced by the laws of the Comuuonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Richmond,and such litigation shall be,brought only in such court. (c) Counterparls; This Agreement may be executed in one or more counterparts,cacti of which shall be an original,and all of which together shall be one and the same instrument. (d) Severabitfry: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired,and such provision will be deemed to be re{tated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Attorney's Fees. Except as provided in Section 3(e),attorney's fees shall be paid by the party incurring such fees, (f) Force Majeure: Notwithstanding the foregoing provisions of this Agreement, if the Company does not achieve a Target or take any action required under this Agreement because of an"Event of Force Majeure"(as defined below),the time for achieving the applicable Target or taking such action will be extended day-for-day by the delay in meeting the applicable Target or taking such action caused by the Event of Force Majeure. "Event of force Majeure" means without limitation, any of the following: acts of God; strikes, lockouts or other industrial disturbances;act of public enemies;orders of any"id of the government of the United States of America or of the Commonwealth or any of their respective departments, agencies, political subdivisions or officials, or any civil or nulitary authority; insurrections; riots; epidemics; pandemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; stornis; floods; washouts; droughts;arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company, (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 11 Accustical Sheet Metal COF Performance Agreement FINAL. i i 3 E IN W'ITNA88 WHERROV, the pulles horolo have oxaotilod this Porlbralnlloo AgroonteM As ofthodoto Met tivrtlten nhovo. ' CITY OF VIRGINIA BRACH,VIRGINIA By,<�— �- APPROVED AS TO CONTENT N61110: V. _ Tttto: Dole: Econfollic Dcvtlopmeni APPROVED AS TO LEGAL MONOMICARVELOPMRNT SUFFICIENCY: AUTHORITY OV TM CITY OV VIRGINIA MACH,VIRGINIA t City Attorney R E Ville; E We: ACOUTICAL SHRRTMETAI, COMPANY LLC nilta; Dnlol, _, i # F [ VIROIN1A IICONOMIC DRVRLOPMRNT PARTNERSHIP ` AUTHORITY t u- f 13 Name; 1118011111 Kodl T1110; meld alt{!GItO DA10; OW712078 MO RA:A; PorAmIlAlloo Report Penn 1141611131 Pli1n!Peribrinnnae Repatt i:ertn AtomiloAl Shrol MIMI COP P41110MIA100 Agrtanienl FINAL I t >3 l The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name AK Real Estate LLC Does the applicant have a representative? ❑Yes 0 No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Young Capital Partners LLC(James Young),ASI Investment LLC(Jeffrey Moore),Margaret Shaia • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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§2.2-3301. Revised 11.09.2020 11 P a g e Known Interest by Public Official or Employee Does an official or employee of the Uty 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,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing finandng(mortgage,deeds of trust,cross-cdlateraUzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. � Existing Financing with Atlantic Union Bank ✓1 11}/'► � f�� /e C 2. Does the applicant have areal estate brok!er/agmVrealtoorr for current and anticipated future t lsale�s�of the si -ct epropperty? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ NO if yes,identify the firm and individual providing the service. Elliott Davis 4. Does the applicant have services from an architectAandscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property7Yes ❑No • If yes,identify the firm and individual providing the service. 3< S. is there any other pending or proposed purchaser of the subject prope ? es identi the rchaserand• r I aser!s service providers. dyes; fy pu pu Revised 11.09.2020 2 1 P a g e 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?( Yes ❑NO • If yes,identify the company and individual providing the ervi �r.,� �f— 1Ererylan -Fm 7. Does the applicant have an engineer/surveyor nt in connection with the subject of the application or any business operating or to be operated on the property?x Yes 0 No • If yes,identify the firm and individual providing the service. S. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 YeS ❑ No • If yes,identify the firm and individual providing the service. P�-W f ./.Bjrrirzr� Applicatl Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature Margaret Shaia CEO �YlT lj�-{A�A�CD Print Name and Title J Le April 10,2024 f/ I/ Date Is the applicant also the owner of the subject property? ❑YeS ❑ NO • If yes,you do not need to fill out the owner disclosure statement. No dw�gas as of oaig s "' ►tint Name Revised 11.09.2020 3 ( P a g e ro° '„ •sw;1?i i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Commonwealth Opportunity Fund Award to the City of Virginia Beach Development Authority MEETING DATE: June 16, 2026 ■ Background: ZIM American Integrated Shipping Company, in partnership with the City of Virginia Beach, the City of Virginia Beach Development Authority (VBDA), and the Virginia Beach Economic Development Partnership Authority (VEDP) entered into a Performance Agreement as of April 15th, 2025 to acquire an existing facility and to expand, equip, improve, relocate, and operate a headquarters facility in the City of Virginia Beach. For this project, the City of Virginia Beach was awarded a $1,497,300 Commonwealth Opportunity Fund (COF) incentive award. The COF program offers a cash grant to offset qualifying project-related costs such as site acquisition and development, transportation access, utility extension or capacity development, construction or build-out of buildings, or training. This project includes a planned capital investment of$16.4 million and creation and maintenance of 307 new jobs as of the beginning of December 1, 2022. The VEDP awards COF grants to a locality for qualifying projects. The VEDP requires the locality to enter into a performance agreement setting forth certain project assumptions. In accordance with the COF payment procedures, the full $1,497,300 will be appropriated to the VBDA. The VBDA will administer the grant as required by the COF process and disburse the incentive payments to Zim American Integrated Shipping Company. ■ Considerations: The attached ordinance appropriates the $1,497,300 COF award to the VBDA. The VBDA will administer the grant as required by the COF process and disburse the incentive grant payment. ■ Public Information: Normal Council Agenda process. ■ Attachment: Ordinance; Performance Agreement; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 COMMONWEALTH OPPORTUNITY FUND AWARD TO THE 3 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $1,497,300 is hereby accepted from the Commonwealth Opportunity Fund and 9 appropriated, with estimated state revenues increased accordingly, to the City of Virginia 10 Beach Development Authority in furtherance of the purposes of the Commonwealth 11 Opportunity Fund Award for the ZIM American Integrated Shipping Company project. The 12 use of such funds shall be governed by a performance agreement for the project. 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 ey's Office CA17244 R-1 May 27, 2026 COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT (the"Agreement")made and entered this 15th day of April, 2025, by and among the CITY OF VIRGINIA BEACH, VIRGINIA (the "Locality"), a municipal corporation of the Commonwealth of Virginia(the "Commonwealth"), ZIM AMERICAN INTEGRATED SHIPPING CO, LLC, a New York limited liability company authorized to transact business in the Commonwealth(the"Company"),the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY ("VEDP"), a political subdivision of the Commonwealth, and the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(the"Authority"), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS,the Locality has been awarded a grant of and expects to receive $1,497,300 (the "COF Grant") from the Commonwealth's Development Opportunity Fund (the "Fund") through VEDP for the purpose of inducing the Company to acquire an existing facility and to expand, equip, improve, relocate, and operate a headquarters facility in the Locality (the "Facility"), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs,as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company meets certain criteria relating to Capital Investment and New Jobs; WHEREAS,the Locality,the Authority,the Company,and VEDP desire to set forth their understanding and agreement as to the payout of the COF Grant, the use of the COF Grant proceeds, and the obligations of the Company regarding Capital Investment and New Jobs; WHEREAS, the acquisition, construction, expansion, equipping, improvement, relocation, and operation of the Facility will entail a capital expenditure by or on behalf of the Company of approximately $16,400,000, of which approximately$3,000,000 will be invested in furniture, fixtures and business personal property,approximately$13,400,000 will be invested in the acquisition of an existing facility and the construction, expansion and up-fit of the buildings for the Facility; WHEREAS, the acquisition, construction, expansion, equipping, improvement, relocation, and operation of the Facility will further entail the creation and Maintenance of 307 New Jobs at the Facility; and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the COF Grant: 1 ZIM COF Performance Agreement FINAL NOW,THEREFORE,in consideration of the foregoing,the mutual benefits,promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property,taxable tangible personal property,or both, at the Facility. The purchase or lease of machinery and tools or furniture, fixtures, and business personal property, including under an operating lease, and expected building construction, expansion, improvement, and up- fit by or on behalf of the Company will qualify as Capital Investment. The Capital Investment must be in addition to the capital improvements at the Facility as of December 1, 2022. "Capital Investment Target"means that the Company has made or caused to be made and retained Capital Investments of at least$16,400,000. "Fund"means the Commonwealth's Development Opportunity Fund. "Maintain" means that the New Jobs will continue without interruption from the date of creation through the date that the level of achievement of the New Jobs Target is being tested, including the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels(so long as there is active recruitment for open positions), (ii) strikes, and(iii) other temporary work stoppages. "New Job" means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least $67,708. Average annual wage means the average annual salary of full-time positions at the Facility determined by dividing total payroll (of a type included in W-2 compensation) provided to full-time positions at the Facility by the number of full-time positions at the Facility. Each New Job must require a minimum of either(i) 35 hours of an employee's time per week for the entire normal year of the Company's operations,which"normal year"must consist of at least 48 weeks,or(ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. The New Jobs must be in addition to the 290 full-time jobs in the Commonwealth as of December 1, 2022. "New Jobs Target"means that the Company has created and Maintained at least 307 New Jobs. 2 ZIM COF Performance Agreement FINAL "Performance Date" means June 30, 2028. If the Locality, in consultation with VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, on or before the Performance Date the Locality may request an extension ofthe Performance Date by up to 15 months. Any extension ofthe Performance Date shall require the prior approval of the Company and the Board of Directors of VEDP (the "Board"). If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the"Performance Date"for the purposes of this Agreement. "Performance Report" means a report to be filed by the Company in accordance with Section 5. The "Final Performance Report" is to be filed within 90 days after the Performance Date. As noted in Section 5, the Locality, the Authority and VEDP may each request a Performance Report at other dates prior to the Performance Date. "Targets" means the Capital Investment Target and the New Jobs Target, all to be achieved as of the Performance Date. "Virginia Code"means the Code of Virginia of 1950, as amended. Section 2. Targets; Statutory Criteria. (a) Targets: The Company will acquire,expand,equip,improve,relocate,and operate the Facility,and achieve the Targets. (b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The Locality,the Authority,and VEDP hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth,whether domiciled in the Commonwealth or not. (c) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least $67,708 is more than the prevailing average annual wage in the Locality of$51,311. The Locality is not a high-unemployment locality, with an unemployment rate for 2021, which is the last year for which such data is available, of 3.7% as compared to the 2021 statewide unemployment rate of 3.9%. The Locality is not a high-poverty locality,with a poverty rate for 2021, which is the last year for which such data is available, of 9.4%as compared to the 2021 statewide poverty rate of 10.3%. (d) Disclosure of Political Contributions: The Company acknowledges that the name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political 3 ZIM COF Performance Agreement FINAL action committee, respectively, during the period from the date of the Company's application for the COF Grant through the one-year period immediately after the date of this Agreement. (e) Support for Virginia's and Locality's Economic Development Efforts: Recognizing that it is in the best interest of all parties for the Commonwealth and the Locality to achieve sustained economic growth, the parties will periodically engage with one another to advise on economic development strategies and initiatives for the Commonwealth and the Locality, such as promoting the attributes of the Commonwealth and the Locality as places to do business, or highlighting important industry trends and/or business development opportunities that the Commonwealth or the Locality may wish to pursue. Such engagement would include the Company's participation in occasional business retention and expansion visits from VEDP personnel, as deemed appropriate based on the project parameters and nature of the incentives provided to the Company. (0 Compliance with Environmental Laws: The Company covenants to (i) comply in all material respects with any and all applicable federal, state and local laws and regulations relating to the protection of human health and safety, the environment or hazardous or toxic substances or wastes, pollutants or contaminants ("Environmental Laws") with respect to its operations at the Facility,(ii)receive all material permits, licenses or other approvals required of the Company under applicable Environmental Laws to conduct its business at the Facility, and (iii) remain in compliance with all material terms and conditions of any such permit, license or approval. If the Company fails to comply with this covenant, and fails to rectify the noncompliance within 30 days of notice from VEDP, VEDP shall have the option to terminate this Agreement in accordance with Section 7. (g) MEI Project Approval Commission: Pursuant to Virginia Code Sections 2.2-115 and 30-310, the MEI Project Approval Commission ("MEI Commission") must review economic development incentive packages in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality. The MEI Commission reviewed and approved on March 23,2023 the state-level incentives offered in conjunction with the Company's Capital Investment and creation and Maintenance of New Jobs at the Facility. (h) Relocation: The Locality and VEDP have informed the Norfolk of the move and of the use of incentives. Norfolk has indicated to VEDP that it is supportive of these efforts. Section 3. Disbursement of COF Grant. (a) General Provisions:The disbursement of the COF Grant proceeds to the Company will serve as an inducement to the Company to achieve the Targets. The statutory minimum requirements for a COF Grant in the Locality require that the Company (1)make or cause to be made and retained a Capital Investment of at least$5,000,000 and(2) create and Maintain at least 50 New Jobs(the"Statutory Minimum Requirements"). The COF Grant proceeds shall be retained in the Fund until needed for disbursement or the COF Grant is withdrawn in accordance with the terms of this Agreement. 4 ZIM COF Performance Agreement FINAL (b) Disbursement of the Portion of the COF Allocatedfor New Jobs: A B C E Fiscal Year Annual Job Expected Grant Maximum of Creation Payment for Cumulative Performance Target Fiscal Year to Grant Payment be Disbursed Available for New Jobs through Each ($3,600/job) Year for New Jobs 2023* 26 - - 2024 116 $511,200 $511,200 2025 55 198,000 709,200 2026 55 198,000 907,200 2027 55 198,000 1,105,200 Totals 307 1 $1,105,200.1 $1,105,200 * Includes performance for years 2022-2023 If the verified Performance Report for the 2024 Fiscal Year indicates that the Company has achieved the Statutory Minimum Requirements, the Company will qualify for a COF Grant disbursement equal to $3,600 per New Job created and Maintained as of June 30, 2024, but not for more than 142 New Jobs (no more than $511,200). The number of New Jobs in Fiscal Year 2023 and 2024 for which the Company receives COF Grant proceeds will be referred to as the "2024 New Jobs." The shortfall from 142 in the number of New Jobs in Fiscal Year for which the Company receives COF Grant proceeds will be referred to as the"2024 New Jobs Shortfall." The 2024 New Jobs Shortfall may be made up in the 2025 Fiscal Year if the Company has created more than 55 New Jobs in the 2025 Fiscal Year,so that COF Grant proceeds that could have been, but were not, paid in the 2024 Fiscal Year are recoverable in the 2025 Fiscal Year. If the verified Performance Report for the 2025 Fiscal Year indicates that the Company has created and Maintained New Jobs through June 30,2025 in excess of the 2024 New Jobs,the Company will qualify for a COF Grant disbursement equal to $3,600 per New Job created and Maintained as of June 30, 2025 in excess of the 2024 New Jobs, but not for more than 55 New Jobs plus the 2024 New Jobs Shortfall (no more than an aggregate of COF Grant payments of $709,200). The number of New Jobs for which the Company receives COF Grant proceeds for Fiscal Years 2023 through 2025 will be referred to as the"2025 New Jobs." The shortfall from 197 in the number of New Jobs for which the Company receives COF Grant proceeds for Fiscal Years 2024 through 2025 will be referred to as the"2025 New Jobs Shortfall." The 2025 New Jobs Shortfall may be made up in the 2026 Fiscal Year if the Company has created more than 55 New Jobs in the 2025 Fiscal Year, so that COF Grant proceeds that could have been, but were not,paid in the 2025 Fiscal Year are recoverable in the 2026 Fiscal Year. If the verified Performance Report for the 2026 Fiscal Year indicates that the Company has created and Maintained New Jobs through June 30,2026 in excess of the 2025 New Jobs,the 5 ZIM COF Performance Agreement FINAL Company will qualify for a COF Grant disbursement equal to $3,600 per New Job created and Maintained as of June 30, 2026 in excess of the 2025 New Jobs, but not for more than 55 New Jobs plus the 2025 New Jobs Shortfall (no more than an aggregate of COF Grant payments of $907,200). The number of New Jobs for which the Company receives COF Grant proceeds for Grant Years 2023 through 2026 will be referred to as the "2026 New Jobs." The shortfall from 252 in the number of New Jobs for which the Company receives COF Grant proceeds for Grant Years 2023 through 2026 will be referred to as the"2026 New Jobs Shortfall." The 2025 New Jobs Shortfall may be made up in the 2027 Grant Year if the Company has created more than 55 New Jobs in the 2026 Grant Year, so that COF Grant proceeds that could have been, but were not, paid in the 2026 Grant Year are recoverable in the 2027 Grant Year. If the verified Performance Report for the 2027 Fiscal Year indicates that the Company has created and Maintained New Jobs through June 30,2027 in excess of the 2026 New Jobs,the Company will qualify for a COF Grant disbursement equal to $3,600 per New Job created and Maintained as of June 30, 2027 in excess of the 2026 New Jobs, but not for more than 55 New Jobs plus the 2026 New Jobs Shortfall (no more than an aggregate of COF Grant payments of $1,105,200). Any disbursements to the Company under this subsection (b) will be considered to be earned when paid,and,absent mistake or fraud,will not be subject to any repayment or clawback. (c)Disbursement of the Portion of the COFAllocated for Capital Investment: If the verified Final Performance Report indicates that the Company has achieved the Statutory Minimum Requirements and has made and retained Capital Investments through the 2027 Fiscal Year of at least$16,400,000,the Company will qualify for a COF Grant disbursement equal to $92,100. If the Statutory Minimum Requirements have been achieved, but the Capital Investment made and retained through the 2027 Fiscal Year is less than$16,400,000,the expected COF Grant Payment will be reduced in proportion to the shortfall. If, for example, the Capital Investment made and retained through the 2027 Fiscal Year is $11,480,000 (70% of the Capital Investment Target),the COF Grant payment will be reduced by 30%to $64,470. Any disbursements to the Company under this subsection (c) will be considered to be earned when paid,and,absent mistake or fraud,will not be subject to any repayment or clawback. (d)Disbursement of Additional COF Funds for Full Performance If the verified Final Performance Report indicates that the Company has fully achieved the Targets, the Company will qualify for a COF Grant disbursement, in addition to any disbursements made pursuant to subdivisions(b)and(c), of$300,000. If the Targets are not fully met,no COF Grant amount will be disbursed pursuant to this subsection. Any disbursements to the Company under this subsection (d) will be considered to be earned when paid,and, absent mistake or fraud,will not be subject to any repayment or clawback. 6 ZIM COF Performance Agreement FINAL (e) Timing ofpayments Within 30 days after verification of a Performance Report or Final Performance Report pursuant to Section 5, VEDP will disburse to the Locality any earned COF Grant proceeds yet to be paid. Within 30 days after receipt of such amount, the Locality will disburse such COF Grant proceeds to the Authority. Within 30 days after receipt of such amount,the Authority will disburse such COF Grant proceeds to the Company. If any amount of COF Grant proceeds has not been earned by the Company, the amount not disbursed will be retained in the Fund and will be available for other economic development projects. (c) Use of the COF Grant Proceeds: The Company will use the COF Grant proceeds to pay or reimburse the cost of construction or build-out of the Facility as permitted by Section 2.2-115(D)of the Virginia Code. Section 4. Break-Even Point; State and Local Incentives. (a) State-Level Incentives: VEDP has estimated that the Commonwealth will reach its "break-even point" by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on discretionary incentives, including but not limited to the COF Grant. With regard to the Facility,the Commonwealth expects to provide discretionary incentives in the following amounts: Category of Incentive: Total Amount COF Grant $1,497,300 Virginia Jobs Investment Program("VJIP") (Estimated) 177,000 Port of Virginia Economic and Infrastructure Development Grant 426,000 ("Port Grant") The proceeds of the COF Grant shall be used for the purposes described in Section 3(c). The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the Port Grant may be used by the Company for any lawful purpose. (b) Local-Level Incentives: The Locality and the Authority expect to provide the following incentives, as matching grants or otherwise, for the Facility by the Performance Date: Category of Incentive: Total Amount Cash Grant $1,500,000 If, by the Performance Date, the total value of all Local-Level Incentives disbursed or provided, or committed to be disbursed or provided, by the Locality to the Company is less than 7 ZIM COF Performance Agreement FINAL the $1,497,300 COF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Company of the difference promptly after Performance Date, so long as the Company has met its Targets. (c) Other Incentives: This Agreement relates solely to the COF Grant. The qualification for, and payment of all State-Level Incentives and Local-Level Incentives, except for the COF Grant, will be governed by separate arrangements between the Company and the entities offering the other incentives. Section 5. Company Reporting. (a) Performance Reporting: The Company shall provide,at the Company's expense, in the form attached hereto as Exhibit A, detailed Performance Reports satisfactory to the Locality, the Authority and VEDP of the Company's progress on the Targets. The Performance Reports are due by each August 1, commencing August 1, 2024, reflecting the Company's progress toward the Targets as of the prior June 30,except that the first Performance Report shall report on all progress since April 1,2022. Further,the Company shall provide such Performance Reports at such other times as the Locality,the Authority or VEDP may require. (b) Final Performance Report: The Company shall provide, at the Company's expense, in the form attached hereto as Exhibit B, a detailed Final Performance Report satisfactory to the Locality, the Authority and VEDP of the Company's achievement of the Targets as of the Performance Date. This Final Performance Report shall be filed within 90 days after the Performance Date. Should the Company be unable to file the Final Performance Report within the 90-day timeframe, the Company may request a 60-day delay in filing the Final Performance Report. VEDP will require a $3,000 fee, payable to VEDP, to process the request for the filing delay. Should the Company not file the Final Performance Report within the 90-day window nor request a filing delay (including payment of the required fee), or if the Company requests a filing delay but does not file the Final Performance Report prior to the new filing deadline, VEDP will withhold any COF Grant payment that might otherwise be due and all rights of the Company under this Agreement will automatically terminate. Section 6. Verification of Tarp-ets. (a) Verification of Capital Investment: The Company hereby authorizes the Locality, including the Locality's Commissioner of the Revenue and Treasurer, to release to VEDP the Company's real estate tax,business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company's expense, such additional documentation or consents as the Locality or VEDP may request. In accordance with Virginia Code Section 58.1- 8 ZIM COF Performance Agreement FINAL 3122.3,VEDP is entitled to receive the Company's real estate tax,business personal property tax and machinery and tools tax information from the Locality's Commissioner of the Revenue. Attached hereto as Exhibit C is a form to be completed by the Company regarding access to the Company's tax information. (b) Verification of New Jobs and Wages: The Company must submit a copy of its four most recent Employer's Quarterly Tax Reports(Form FC-20)with the Virginia Employment Commission with each Performance Report. The forms shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the New Jobs Target. In accordance with Virginia Code Section 60.2-114, VEDP is entitled to receive the Company's employment level and wage information from the Virginia Employment Commission. The Company agrees that it will report to the Virginia Employment Commission with respect to its employees at a facility-level,rather than at the company-level. (c) Additional Documentation: In addition to the verification data described above, in the sole discretion ofthe Locality,the Authority or VEDP,the Locality,the Authority or VEDP, may each require such other documentation or audits as may be required to properly verify the Capital Investment or New Jobs. Section 7. Possible Termination of this Agreement and Redeployment of COF Grant Proceeds. If the Locality, the Authority or VEDP shall detennine at any time prior to the Performance Date that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, this Agreement will be terminated, no further disbursements of the COF Grant proceeds will be made to the Company, and the amount not disbursed will be retained in the Fund and made available for other economic development projects. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company, a failure to comply with the covenant provided in Section 2(f), or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant. Section 8. Notices. Formal notices and communications between the parties shall be given either by (i)personal service, (ii)delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery,or(iv)delivery by electronic mail(email)with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by email shall be deemed effective the next business day,not less than 24 hours, following the date of transmittal 9 ZIM COF Performance Agreement FINAL and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to the Company,to: with a copy to: Zim American Integrated Shipping Co, LLC Zim American Integrated Shipping Co, LLC 4425 Corporation Lane 4425 Corporation Lane Virginia Beach, Virginia 23462 Virginia Beach,Virginia 23462 Email: Yochai.Nissim@zim.com Email: Narducci.Francesco@zim.com Attention: Nissim Yochai Attention: Francesco Narducci Zim American Integrated Shipping Co, LLC 4425 Corporation Lane Virginia Beach,Virginia 23462 Email: Gonzalez-Schulz.Guillermo@zim.com Attention: Guillermo Gonzalez-Schulz Zim American Integrated Shipping Co, LLC 4425 Corporation Lane Virginia Beach, Virginia 23462 Email: Chen.Stephanie@zim.com Attention: Stephanie Chen if to the Locality,to: with a copy to: City of Virginia Beach, Virginia City of Virginia Beach, Virginia 2401 Courthouse Drive, Bldg.1 2401 Courthouse Drive,Bldg.1, Rm.2098 Virginia Beach,Virginia 23456 Virginia Beach, Virginia 23456 Email: CMOMce@vbgov.com Email: astiles@vbgov.com Attention: City Manager Attention: City Attorney if to the Authority,to: with a copy to: The City of Virginia Beach City of Virginia Beach, Virginia Development Authority 2401 Courthouse Drive, Bldg.1, Rm. 2098 425 Main Street, Suite 700 Virginia Beach,Virginia 23456 Virginia Beach,Virginia 23462 Email: astiles@vbgov.com Email: ecdev@vbgov.com Attention: City Attorney Attention: Chair if to VEDP,to: with a copy to: Virginia Economic Development Partnership Virginia Economic Development Partnership One James Center, Suite 900 One James Center, Suite 900 901 East Cary Street 901 East Cary Street 10 ZIM COF Performance Agreement FINAL Richmond, Virginia 23219 Richmond, Virginia 23219 Email: ceo@vedp.org Email: generalcounsel@vedp.org Attention: President and CEO Attention: General Counsel Each party may change the address for service of notice upon it by a notice in writing to the other parties hereto. Section 9. Miscellaneous. (a) Entire Agreement;Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the COF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality,the Authority and VEDP. (b) Governing Law; Venue: This Agreement is made,and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts,each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Attorney's Fees: Attorney's fees shall be paid by the party incurring such fees. (0 Force Majeure: Notwithstanding the foregoing provisions of this Agreement, if the Company does not achieve a Target or take any action required under this Agreement because of an"Event of Force Majeure" (as defined below), the time for achieving the applicable Target or taking such action will be extended day-for-day by the delay in meeting the applicable Target or taking such action caused by the Event of Force Majeure. "Event of Force Majeure" means without limitation, any of the following: acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of any kind of the government of the United States of America or of the Commonwealth or any of their respective departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company. 11 ZIM COF Performance Agreement FINAL [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 12 ZIM COF Performance Agreement FINAL IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF VIRGINIA BEACH,VIRGINIA :�- 1l l By Ama d Jarratt(Jun 20,202510:33 EDT) Name: Amanda Jarratt Title: Deputy City Manager, City of Virginia Beach Date: THE CITY OF VIRIGNIA BEACH DEVELOPMENT AUTHORITY By Name: Lisa Murphy Title: Chair Date: ZIM AMERICAN INTEGRATED SHIPPING CO.,LLC By Name: Title: Date: VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Jason E1 Koubi Title: President and CEO Date: 10/31/2025 Exhibit A: Performance Report Form Exhibit B: Final Performance Report Form 13 ZIM COF Performance Agreement FINAL IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF VIRGINIA BEACH,VIRGINIA By Name: Amanda Jarratt Title: Deputy City Manager, City of Virginia Beach Date: THE CITY OF VIRIGNIA BEACH DEVELOPMENT AUTHORITY Lisa NlrU u By Lisa Murphy(Jun 2 ,202 0:45 EDT) Name: Lisa Murphy Title: Chair Date: ZIM AMERICAN INTEGRATED SHIPPING CO.,LLC By Name: Title: Date: VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Title: Date: Exhibit A: Performance Report Form Exhibit B: Final Performance Report Form 13 ZIM COF Performance Agreement FINAL IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF VIRGINIA BEACH,VIRGINIA By Name: Title: Date: THE CITY OF VIRIGNIA BEACH DEVELOPMENT AUTHORITY By Name: Title: Date: ZIM AMERICAN INTEGRATED SHIPPING CO. LLC By Dame: 4t Yot (MICE Go i�ARi?Ucct. Title: Zi CEO �In V5ft CEo Date: 10 2 _10 1 ji5 I IW5 VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Title: Date: Exhibit A: Performance Report Form Exhibit B: Final Performance Report Form 13 ZIM COF Performance Agreement FINAL OF Disclosure VIRGINIA V--6- BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name; as listed on application ZIM American Integrated Shipping Service Co, LLC is Applicant also the Owner of the subject property? Yese Not If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso No(F) If yes, name Representative: N/A 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.) ZiM Intergrated Shipping LTD(100%ownership of applicant) Does the subject property have a proposed or pending purchaser? Yes U No • if yes, name proposed or pending purchaser: NIA 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(D No(F) if yes, name the official or employee, and df,scribe the nature of their interest. t : - APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor L (D E Morton G. Thalhimer, Inc Disclosure Statement j rev. M a y-2024 page 1 of 3 • 1: APPLICANT • continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) AccountinfTa. Return Preparation j Architect/Designer/Landscape 1 Architect/Land Planner Botantical Design-, Atlantic Landsacpe Mgt Construction Contractor (D E) Avison Young Engineer/Surveyor/Agent 0 @ I Legal Services G BridgeTrust Title Group 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. f. Nissim Yochai 05/27/2026 Applicant Name (Print) Appli Date "Parent-subsidiary relationship"means "a relations� 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 'va 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(iii)there is shored management or control between the business entities. Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities, there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosun�, Statement I rev. M a V-2024 page 2 of 3 �Fw �JJJ 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Opioid Abatement Individual Distribution Funds to Support Efforts to Mitigate the Ongoing Opioid Epidemic MEETING DATE: June 16, 2026 ■ Background: In 2021 the General Assembly created the Virginia Opioid Abatement Authority (VOAA) as an independent body whose purpose is to abate and remediate the Opioid epidemic in the Commonwealth through financial support from the Settlement Fund in the form of grants, donations, or other assistance. The financial support is specifically for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding will be distributed to localities using three primary methods: 1) direct distribution, 2) individual distribution, and 3) collaborative partnerships. ■ Considerations: Virginia Beach has received VOAA individual distribution funds totaling $429,709.60. The Department of Human Services (DHS) received community input regarding the use of opioid abatement funds via town halls, listening sessions, surveys, and numerous stakeholder meetings. Feedback from those meetings and recent input from stakeholders have identified the following uses for these funds: • The Virginia Beach Department of Public Health was awarded $229,209.60 to contract two Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach. • Virginia Beach Police Department was awarded $30,000 to implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS) to provide drug education and prevention activities throughout the community. • DHS was awarded $100,500 for the continuation of a full-time Certified Peer Support Specialist FTE to work with youth with substance use disorders to include operating expenses. • VBCPS was awarded $70,000 to purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense. ■ Public Information: Normal Council Agenda process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Departme t/Agency: Department of Human Services City Manager: O-V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE OPIOID 2 ABATEMENT INDIVIDUAL DISTRIBUTION FUNDS TO 3 SUPPORT EFFORTS TO MITIGATE THE ONGOING 4 OPIOID EPIDEMIC 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $429,709.60 is hereby accepted from the Virginia Opioid Abatement Authority and 10 appropriated to the following departments, in the following amounts, and for the following 11 purposes in the Grants Consolidated Fund: 12 13 1) $229,209.60 to the Virginia Beach Department of Health to contract two 14 Community Engagement Specialists to oversee a Teen-to-Teen social media 15 campaign and provide outreach; 16 2) $30,000 to the Police Department to implement the Law Enforcement Against 17 Drugs program within Virginia Beach City Public Schools to provide drug 18 education and prevention activities throughout the community; 19 3) $100,500 to the Department of Human Services for the continuation of a full- 20 time Certified Peer Support Specialist FTE to work with youth with substance 21 use disorders to include operating expenses; 22 4) $70,000 to Virginia Beach City Public Schools to purchase an online evidence- 23 based curriculum to provide proactive education as well as intervention when 24 students have a substance-use related offense. 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: Bu get and ffanagement Services ity Atto ey's Office CA17246 R-1 May 27, 2026 Si) u :SJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $18,714 from the Department of Criminal Justice Services to the FY 2026-27 Police Department Operating Budget MEETING DATE: June 16, 2026 ■ Background: The Virginia Department of Criminal Justice Services has awarded funding under the Bureau of Justice Assistance - Edward Byrne Memorial Justice Assistance Grant Program to the Police Department. The Police Department sub- recipient award is for $18,714. The purpose of the funds is for target hardening equipment for at risk community organizations. The grant period is from June 1, 2026 through September 30, 2026. ■ Considerations: The grant provides $18,714 of funding. There is no local match requirement for this grant. The ordinance includes the typical language when grant funds are used to purchase equipment that the City makes no guarantee of replacing the equipment. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 40 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,714 2 FROM THE DEPARTMENT OF CRIMINAL JUSTICE 3 SERVICES TO THE FY 2026-27 POLICE DEPARTMENT 4 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $18,714 is hereby accepted from the Virginia Department of Criminal Justice 10 and appropriated, with state revenue increased accordingly, to the FY2026-27 11 Operating Budget of the Police Department for target hardening equipment for 12 at risk community organizations. 13 14 2. The City makes no guarantee that the equipment purchased with these funds 15 will be replaced. 16 17 3. The effective date of this ordinance is July, 1, 2026. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA17256 R-1 June 3, 2026 S 1Nu0 It ems' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for Expenses Related to the August Primary Elections MEETING DATE: June 16, 2026 ■ Background: Primary elections have been scheduled for August 4, 2026, to select nominees for the U.S. House of Representative and Senate. The Voter Registration & Elections Office requests $803,063 for estimated expenses related to these elections. Funding for these primaries is not included in the City's FY 2025-26 or FY 2026-27 operating budget. Vacancy savings within the General Fund have been identified as the source for this transfer. ■ Considerations: Virginia law requires localities to bear the cost of primary elections. If approved, this funding will need to be carried forward, through the typical carry forward process, into FY 2026-27 due to the timing of the elections and payment of invoices. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager:/ W, 1 AN ORDINANCE TO TRANSFER FUNDS FOR EXPENSES 2 RELATED TO THE AUGUST PRIMARY ELECTIONS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT- 6 7 $803,063 is hereby transferred from vacancy savings in the General Fund to the 8 FY 2025-26 Operating Budget of Voter Registration and Elections to fund the operational 9 expenses needed for the August 4, 2026, primary elections. 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: B dget and anagement Services rney s O ffice CA17242 R-1 May 27, 2026 ro •� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $350,000 within the EMS Cost Recovery Fund MEETING DATE: June 16, 2026 ■ Background: The Department of Emergency Medical Services (EMS) currently has insufficient funds available within departmental personnel accounts funded by the EMS Cost Recovery Fund. Therefore, a transfer of funds is needed pay the final two pay periods and to close out the fiscal year. The reason for this transfer is primarily related to higher than originally estimated salaries and overtime as the result of the pay increase approved for sworn personnel as well as the low number of vacancies within the department. ■ Considerations: The requested $350,000 transfer should be sufficient to meet the personnel expense requirements for the remainder of the fiscal year. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: ko 1 AN ORDINANCE TO TRANSFER $350,000 WITHIN THE 2 EMS COST RECOVERY FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $350,000 is hereby transferred within the Department of Emergency Medical 8 Services' EMS Cost Recovery Fund to the FY 2025-2026 Operating Budget of the 9 Department of Emergency Medical Services for personnel expenses. 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: J Budget and Management Services City Atto"mey's Office CA17241 R-1 May 27, 2026 K. PLANNING 1. KELCO, INCORPORATED for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide existing parcel to construct a single-family dwelling at a parcel West of Holland Road, 230 feet North of Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. BHC, LLC/ PHILIP D. SEAFORD for a Variance to Section 4.4(b)(c)(1) of the Subdivision Regulations re subdivide two (2) existing parcels into five (5) residential lots to construct five (5) single-family dwellings at 313 Gatewood Avenue DISTRICT 3 RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION - APPROVAL 3. DS INVESTORS, INC. A VIRGINIA CORPORATION for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re resubdivide existing parcel to create two (2) single-family lots at 845 Kennedy Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 4. WINNER'S PROPERTIES, LLC/WINNER'S PROPERTIES, LLC & EVERGREEN VIRGINIA, LLC for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, service and rentals at 3700 & 3736 Sentara Way DISTRICT 3 RECOMMENDATION: APPROVAL 5. SMF CORPORATE STORES, LLC/ HILLTOP SQUARE INVESTORS, LLC for a Modification of Conditions to a Conditional Use Permit re tattoo parlor at 550 First Colonial Road, Suite 23C DISTRICT 6 RECOMMENDATION: APPROVAL 6. VIRGINIA ELECTRIC AND POWER COMPANY for a Modification of Conditions to a Conditional Use Permit re expand existing Dominion substation at 568 North Lynnhaven Road DISTRICT 8 RECOMMENDATION: APPROVAL 7. HOLLY VEBER/ DANIEL F. & MARILYN F. VEBER fora Conditional Use Permit re assembly use at 1501 Gum Bridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 8. APRIL A. SMITH / GREGORY S. SMITH &APRIL A. SMITH for a Conditional Use Permit re family day-care home at 2288 Sandy Woods Lane DISTRICT 5 RECOMMENDATION: APPROVAL 9. DEBBIES DAYCARE LLC/ DEBORAH R. NORTON for a Conditional Use Permit re family day-care home at 757 Hilltop Road DISTRICT 6 RECOMMENDATION: APPROVAL 10. FIRST COLONIAL DEVELOPMENT, LLC for a Conditional Use Permit re low-speed motor vehicle sales and rental at 601 Nevan Road DISTRICT 6 RECOMMENDATION: APPROVAL 11. SUSAN E. BLACK MERGED TRUST for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 104 DISTRICT 6 RECOMMENDATION: APPROVAL 12. Ordinance to AMEND City Code Section 33-19 re hauling of sand, gravel, topsoil, fill or other excavated material off an excavation site RECOMMENDATION: APPROVAL 13. Ordinance to AMEND City Code Section 7.1 of the Subdivision Regulations re plans and specifications for general improvements RECOMMENDATION: APPROVAL 14. Ordinance to AMEND City Code Section 4 of the Site Plan Ordinance (Appendix C) re information required on site development plan RECOMMENDATION: APPROVAL 15. Ordinance to AMEND City Code Chapter 19 re mobile homes RECOMMENDATION: APPROVAL 16. Ordinance to AMEND City Code Section 5.9 (Appendix D) of the Erosion and Stormwater Management re construction general permit fees RECOMMENDATION: APPROVAL J NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,June 16,2026 at 6:00 p.m.in the Council Chamber at City Hall,Building:L 21-d Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through llvestreaming on https.//virg(nlabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person atthe 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 Clerks Office by calling 757-385-4303 prior to 5:00 p.m.on June 16,2026. 2. Download WebEx and view the meeting at https://vh¢evwebexcom/weblink/registerlrgditt3Og3ce a7282deOdfd�±�z42c8a The following requests are scheduled to be heard: Kelco,Incorporated(Applicant&Owner)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) Address:Parcel west of Holland Road,230 feet north of Princess Anne Road GPIN:2404031881 City Council: District 2(Henley) BHC,LLC Property Owner:Philip D Seaford Subdivision Variance(Section 4.4(b)(c)(1)of the Subdivision Regulations)Address:313 Gatewood Avenue GPINs:2407015506,2407014686 City Council:District 3 (Berlucchi) DS Investors Inc.a Virginia Corporation(Applicant&Owner)Subdivision Variance(Section 4.4(c)(1)of Subdivision Regulations)Address:845 Kennedy Avenue GPIN:2417916204 City Council:District 5(Wilson) Winner's Properties,LLC Property Owners:Winner's Propertles LLC&Evergreen Virginia,LLC Modification of Conditions(Motor Vehicle Sales and Rentals)Addresses:3700&3736 Sentara Way GPINs:1487523853, 1487428775 City Council:District 3(Berlucchi) SMF Corporate Stores,LLC Property Owner.Hilltop Square Investors,LLC Modification of Conditions(Tattoo Parlor)Address:550 First Colonial Road,Suite 23C GPIN:2407879912 City Council:District 6(Remick) Virginia Electric and Power Company(Applicant&Owner)Modification of Conditions Address:568 N Lynnhaven Road GPIN:1487983864 City Council:District 8(Cummings) Holly Veber Property Owner:Daniel F&Marilyn F Veber Conditional Use Permit(Assembly Use)Address:1501 Gum Bridge Road GPIN:2411826107 City Council:District 2(Henley) April A.Smith Property Owners:GregoryS Smith&April A Smith Conditional Use Permit(Family Day-Care Home) Address:2288 Sandy Woods Lane GPIN:2404498447 City Council:District 5(Wilson) Dabbles Daycare LLC Property Owner.Deborah R Norton Conditional Use Permit(Family Day-Care Home) Address:757 Hilltop Road GPIN:2407496076 City Council:District 6(Remick) First Colonial Development,LLC(Applicant&Owner)Conditional Use Permit(Motor Vehicle Sales and Rental (Low Speed Vehicles))Address:601 Nevan Road GPIN:2407882294 City Council:District 6(Remick) Susan E Black Merged Trust(Applicant&Owner)Conditional Use Permit(Short Term Rental)Address:4005 Atlantic Avenue,Unit 104 GPIN:24280514483780 City Council:District 6(Remick) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND CITY CODE SECTION 33-19 PERTAINING TO HAULING OF SAND,GRAVEL,TOPSOIL,FILL,OR OTHER EXCAVATED MATERIAL OFF AN EXCAVATION SITE CITY OFVIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 7.1 OF THE SUBDIVISION REGULATIONS PERTAINING PLANS AND SPECIFICATIONS FOR GENERAL IMPROVEMENTS CITYOF VIRIGNIA BEACH-AN ORDINANCE AMEND SECTION 4 OF THE SITE PLAN ORDINANCE(APPENDIX C) PERTAINING TO INFORMATION REQUIRED ON SITE DEVELOPMENT PLAN CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND CITY CODE CHAPTER 19 PERTAINING TO MOBILE HOMES CITY OFVIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 5.9 OFTHE CITY CODE APPENDIX D,EROSION AND STORMWATER MANAGEMENT,PERTAINING TO CONSTRUCTION GENERAL PERMIT FEES Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center,Building 3,Virginia Beach,VA 23456 or online at https://virginiabeach.gov/pc.For Information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing Impaired,you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV,https.,//virglnlabeach.gov and Facebook Live. Please check our website at https.,//clerk.virginiabeach.gov/clty-councll for the most updated meeting Information. Please check our website at https://clerk.virginiabeach.gov/cfty-council for the most updated meeting Information. Amanda Barnes,MMC City Clerk PILOT-JUNE 2,2026&JUNE 9,2026-1 TIME EACH NIALK a r' z 3 r 4 Z � m q C' c"Z r o7 AG2(HCD) pR�NGESS ANNE RD ® site Kelco, Incorporated Zoning Parcel west of Holland Road, Property Polygons 230 feet north of Princess Anne Road S Feet 0 25 50 100 150 200 Mao created by Plannina Department on 5/15/2026 i:S tjJ ILI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KELCO, INCORPORATED [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the parcel west of Holland Road, 230 feet north of Princess Anne Road (GPIN 2404031881). COUNCIL DISTRICT 2 (Henley) MEETING DATE: June 16, 2026 ■ Background: The subject parcel was improperly created by deed on April 10, 1962. To legitimize the parcel, a subdivision plat must be put to record. The applicant intends to record a plat for the purpose of constructing a single-family dwelling. The parcel is located within the AG-2 Agricultural Zoning District and the Courthouse Historic and Cultural Overlay District (HCD). The AG-2 District requires a minimum lot area of one acre and a minimum lot width of 150 feet for single-family residential development. With a lot area of approximately 19,602 square feet and a lot width of 100 feet, the parcel does not meet the minimum dimensional standards of the zoning ordinance. Pursuant to Section 4.4(b) of the Subdivision Regulations, lots created through subdivision must comply with all applicable zoning requirements unless created by governmental action. Therefore, a subdivision variance is required before the plat can be approved and recorded. ■ Considerations: At the time the parcel was improperly created by deed, the property was zoned A-R (Agricultural Restricted), which required a minimum lot size of 10,000 square feet and a minimum lot width of 100 feet. As such, the parcel would have complied with zoning standards if properly platted at that time. Many nearby properties along Holland Road have since been rezoned to residential districts with smaller lot standards, and the subject parcel is comparable in size to surrounding single- family residential lots. Since the property is located within the Courthouse Historic and Cultural Overlay District, a condition is recommended requiring future development to comply with HCD design guidelines and limiting the principal use to a single-family dwelling. 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 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. Kelco, Incorporated Page 2 of 2 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Proposed Subdivision Lot 0.45 Acres Fronting on the Holland Swamp Road" dated February 26, 2026, 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 lot shall only be approved for a single-family dwelling as the principal use. 3. All future development of the property shall comply with the design guidelines for the Historic and Cultural District and receive a Certificate of Appropriateness from the Historical Review Board, as required by the City's Zoning Ordinance. 4. 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 ctly City Manager: lrt�l Agenda • Applicant and Property Owner: Kelco, Incorporated Planning Commission • • • V_B� CouncilCity District Project Details Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations for lot area and lot width) �° Staff Recommendation 's<Fql Approval co o` X k' o 1 id, �9y .cf -....y, Staff Planner P*"-V .' ''t � o y C'AVo Aubrey A. Trebilcock �„° �v ! Location �� ; �;, �•,,, , --- Parcel west of Holland Road, 230 feet north of f i Princess Anne Road `rf �-,,, �\ Lj-.1! GPIN 2404031881 �'*` o� Site Size 19,602 square feet A/CUZ 65-70 dB DNL; Sub-Area 2 Watershed ; W- 7 Southern Rivers ��`�R � �: b` cI Existing Land Use andZoning District Vacant/AG-2 Agricultural Surrounding land Uses and Zoning Districts North . . a Vacant/AG-2 Agricultural South Vacant/AG-2 Agricultural East Holland Road Single-Family Dwellings/ R-7.5 Residential West Single-Family Dwellings/ R-10 Residential Kelco, Incorporated Agenda Item 6 page 1 of 12 Background & Summary of Proposal • The subject parcel was created improperly by deed on April 10, 1962. To legitimize the parcel as a buildable lot, a subdivision plat must be put to record. • The applicant intends to put a plat to record for the purpose of constructing a single-family dwelling. • The property is within the AG-2 Agricultural Zoning District, which requires a minimum lot area of 1 acre and lot width of 150 feet where the primary use is a single-family dwelling. • The property is within the Courthouse Historic and Cultural Overlay District (HCD). • The existing parcel is 19,602 square feet in lot area with a 100-foot lot width. Section 4.4(b) of the Subdivision Regulations requires that, "except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance." As these do not meet the minimum dimensional standards for the AG-2 Zoning District, a subdivision variance to this section must be granted before a plat can be approved and put to record. Required Required Proposed Proposed Required Proposed Street Line Street Proposed Lot Lot Area Lot Area Lot Width Lot Width Frontage Line Frontage(square (square feet) (feet) (feet) (feet) feet) (feet) Unnamed 0.45 43,560 19,602* 150 100* 120 100* acre lot * indicates a substandard value that requires a Variance Kelco, Incorporated Agenda Item 6 page 2 of 12 Zoning • Map Key No. Request CGR10 A 2 (� 1 SVR (AG-2 to Conditional R-15) ' SP ��- Approved 04/28/1992 CUP (Church expansion)Approved \ R4a'� �$ 05/09/1995 CRZ(AG-1 & AG-2 to Conditional PD- KW RcH c R�7.5(HCD) R-10 Residential) Approved Rao 3 05/25/1999 REZ(Rezone to Conditional R-10 PD- 1-12) Approved 08/10/2004 �' a�2(HICD) G�ySANNeRD CRZ(AG-2 to Conditional PD-1-12 [R- Q�� R\to(HCD) 4 7.5 Residential]) Approved \ �\ 07/02/2013 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 Kelco, Incorporated Agenda Item 6 page 3of12 Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant is seeking to put a subdivision plat to record for the purpose of constructing a single-family dwelling on the existing .45 acre parcel. The parcel was created improperly by deed, and a plat must be recorded to legalize the parcel as a buildable lot. The parcel is 19,602 square feet in size and 100 feet wide, which does not meet the 43,560 square foot minimum lot area or 150-foot minimum lot width requirements of the AG-2 Zoning District. As the parcel does not meet the minimum dimensional requirements of the AG-2 Agricultural Zoning District, a subdivision variance must be granted prior to plat approval. At the time the parcel was created by deed in 1962, the Zoning was A-R, Agricultural Restricted. This district required a minimum lot size of 10,000 square feet with a minimum lot width of 100 feet. The parcel would have met these dimensional requirements if it had been properly platted at that time. In the decades since, many of the surrounding properties along this section of Holland Road have been rezoned to Residential Districts such as R-7.5, R-10, and R-15. While the subject parcel is substandard for a proposed residential use, it would be larger than many of the nearby properties with the same principal use of a single-family dwelling. The parcel does lie within the Courthouse Historic and Cultural Overlay District (HCD). A design for the home has not been provided with this application, but a condition has been recommended to require any future development follow the design guidelines for the HCD and be approved by the Historical Review Board. To encourage development reflective of the surrounding residential uses, a condition has also been recommended to limit the principal use for this property to single-family dwellings only. As the lot size is not out of character with the surrounding area and would have met the Zoning requirements at the time of its creation by deed, Staff is recommending approval subject to the conditions provided. Kelco, Incorporated Agenda Item 6 page 4 of 12 Recommended Conditions 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Proposed Subdivision Lot 0.45 Acres Fronting on the Holland Swamp Road" dated February 26, 2026, 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 lot shall only be approved for a single-family dwelling as the principal use. 3. All future development of the property shall comply with the design guidelines for the Historic and Cultural District and receive a Certificate of Appropriateness from the Historical Review Board, as required by the City's Zoning Ordinance. 4. 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. (p 1-62, Comprehensive Plan 2016 Policy Document) This property is within a Historic and Cultural Overlay District (Princess Anne County Courthouse). The Comprehensive Plan asks that land use protect and enhance natural open spaces and places and buildings of Kelco, Incorporated Agenda Item 6 page 5 of 12 cultural and historic significance and integrate into development as appropriate (p 1-60, Comprehensive Plan 2016 Policy Document) ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. The site is located within the Courthouse Historic and Cultural Overlay District. All projects proposed within the District must respect the heritage and reinforce the integrity of the district's historic character. The scale, placement, massing and proportion of buildings, additions and architectural details should be designed in a way that is consistent with the historic character of the district. New development should employ high quality site and building designs that complement the classic Neo-Georgian architecture of the Municipal Center. Traffic Impacts/Transportation Traft Counts Street Name Present Volume Present Capacity Generated Traffic Holland Road 5,160 ADT' 15,400 ADT 1(LOS 4 Existing Land Use 2-0 ADT Proposed Land Use 3- 10 ADT 1 Average Daily Trips 2As defined by a 'As defined by a 4LOS = Level of vacant parcel Single-Family Service Dwelling Master Transportation Plan(MTP)and Capital Improvement Program(CIP) This section of Holland Road is identified as a 2-lane undivided minor arterial roadway. There are no plans to improve the portion of Holland Road adjacent to the subject property at this time. Active Transportation Plan(ATP) The Active Transportation Plan calls for a proposed Shared Use Path along this section of Holland Road. Public Utility Impacts Water City water is available; there is a 12-inch city water main along Holland Road. Sewer City sanitary sewer is available; there is a 6-inch city sanitary sewer vacuum main along Holland Road. Kelco, Incorporated Agenda Item 6 page 6 of 12 Public • • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. _� Kelco, Incorporated Agenda Item 6 page 7 of 12 Proposed Layout IT �9 LT7i 0P � r�99x i Lic. No. za KEVIN D. COLLETTE 2404-03-0726 (INST 2022030,55983) / d SV s+ (M.B. 73, P. 20) / IY 1�00. N/F DANEL M. ELDER, SR. 6 SHARON L. ELDER 2404-03-0806 (INST 20121030001253780) (M.B. 73, P. 20) y A N/F y BESSE S. u KELLAM TRUST 0.45 AC = 2404-03-1647 (D.e. 4632, P. 878) 2404-03-1881 (M.B. 42, P. 58) mm� g N Cy JACQUELIN KELLAM BONNEY ?'O?+ REVOCABLE TRUST 2404-03-1940 S 15 O "r3orIL2444,010OF LAND O NILY AND DOES NOT REPRESENT AI AS AN D (�B �.P VIR� wp OFSTHESION ASSOCIATED APPLICATIONDENT IT IS (*g NOT MENDED FOR ANY OTHER THAN GENERAL REFERENCE LAND SURVEYNG SCAT 1* = 30' ji']i[j;jHpp 'A' SHEEP 1 OF 1 SITE DESIGN MAPPING PROPOSED SUBDIVISION LOT 0.45 ACRES FRONTING ON THE HOLLAND SWAMP ROAD AS DESCRIBED IN IN DEED BOOK 878, PAGE 144 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VH2GINIA BEACH, VIRG94TA 226AL,�® VIRGU41A BEACH, VIRGU41A saeI REDIM IANE BY "MINIA—.Y ° 7-915.1675 BEACH BULD GROUP b��nAa rI-VA-2 456 WC� �R11/chic riff VIRGURA BEACH. VA I F.B. P. 126 FEBRUARY, 2028 1 JN:028-018 J Kelco, Incorporated Agenda Item 6 page 8 of 12 Site Photos jo -41 x" .. 4 i t • • } t _ µr r t n -q^ a, fir;„ - :� ,�i � f _ �. e • 4a F fi �44 ; Disclosure Statement VB r A . 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 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. APPLICANTSECTION 1: DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Kelco, Incorporated 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?Yes@ No0 If yes,name Representative: R.Edward Bourdon,Jr., Esq. Is Applicant 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 porent-subsidiary'or affiliated business entity I relationship with the applicant. (Attach list if necessary.) Susan Kellam,President;Julie Nagy,Vice President;Bessie S.Kellam,Secretary;F.Scott Kellam,Treasurer Does the subject property have a proposed or pending purchaser? Yes D No If yes,name proposed or pending purchaser: Beach Building Group, Inc. 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 fallowing services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services most be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust,,, cross-collateralization,etc.) 0 @ Real Estate Broker/Agent/Realtor 0 @ i Disclosure Statement I rev. May-2024 - page 1 o11o!!!f 3. ti Kelco, Incorporated Agenda Item 6 page 10 of 12 DISCLOSUREDisclosure Statement SECTION 1: APPLICANT -. SERVICE YES NO SERVICE PROVIDER _(Name entity and/or individual Accounting/Tax Return Preparation © David Brotman-Jacobson Brotman PC Architect/Designer/Landscape Q Architect/land Planner O Jonathan Speight-Beach Building Group,Inc. Construction Contractor E) © Beach Building Group,Inc. Engineer/Surveyor/Agent Q Travis Fox-Fox Land Surveying,PC R.EdwaM Ecadr.J•.E-,90-1,Easxc,Awn d Levy,P C. Legal Services • d Ta4DN-Prdd B Ccre'd PC APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. -, ant Name(Print) pplicant Signature Date 1'Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(d) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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. N Owl, x(J �� tc ,• x #5 fin�f','No changes as of(date): 6/1/2026 Marchelle L Coleman C 6/1/2026 Staff Name(Print) Staff Signature Date ~_ Disclosure Statement I rev. May-2024 page 2 of 3 -� - Kelco, Incorporated Agenda Item 6 page 11 of 12 • 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. Kelco, IncorporatedGG Agenda Item 6 page 12 of 12 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #6 Kelco, Incorporated Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Item 6 is Kelco, Incorporated. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Mr. Bourdon: Thank you, Vice Chair Byler, Chairman Coston. For the record, Eddie Bourdon, Virginia Beach attorney, representing Kelco, Incorporated. Jonathan Spate, the principal, is with us. I'm not sure if Mr.Kellum,the owner of the lot, came down today or not. We appreciate being on the consent agenda, and all four conditions as recommended by staff are acceptable. Thank you. Ms. Byler: You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Cromwell to read this into the record. Mr. Cromwell: This application is for a subdivision variance. The parcel is west of Holland Road. The subject parcel was created improperly by deed on April 10th, 1962. To legitimize the parcel as a buildable lot, a subdivision plat must be put into record. The applicant intends to put a plat to record for the purpose of constructing a single-family dwelling. The property is in the AG2 agricultural zoning district, which requires a minimum lot of one acre and a lot width of 150 feet where the primary use is a single-family dwelling. The existing parcel is 19,602 square feet in lot area with a 100-foot lot width. Section 4.4 of the Subdivision Regulations requires that, except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance. As these do not meet the minimum dimensional standards of the AG2 zoning district,a subdivision variance to this section must be granted before a plat can be approved to record. Hearing no opposition to this,we put it on 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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms.Aleock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Proposed Subdivision Lot 0.45 Acres Fronting on the Holland Swamp Road" dated February 26, 2026, 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 lot shall only be approved for a single-family dwelling as the principal use. 3. All future development of the property shall comply with the design guidelines for the Historic and Cultural District and receive a Certificate of Appropriateness from the Historical Review Board, as required by the City's Zoning Ordinance. 4. 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. 4 LL W OI.F ST S m _ 5 O v --R a� R5D m R5D IPA? IS ST ROYAL HAVEN CRST E Site BHC, LLC Zoning 313 Gatewood Avenue N 7 Property Polygons Feet 0 40 80 160 240 320 Man created by Plannino Department on 5/15/2026 YO '+..thy 17 rs, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BHC, LLC [Applicant] PHILIP D. SEAFORD [Property Owner] Subdivision Variance (Section 4.4(b)(c)(1) of the Subdivision Regulations) for the property located at 313 Gatewood Avenue (GPINs 2407015506, 2407014686). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: June 16, 2026 ■ Background: The applicant proposes to subdivide two existing parcels, identified as Lots 91-A and 92-A, into five residential lots, each to be developed with a single-family dwelling. The properties were created by plat in 1980 and are located within the R- 5D Residential Zoning District, which requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet for single-family residential development. Four of the proposed lots will comply with all applicable dimensional requirements of the zoning district. However, proposed Lot 4, which is a corner lot, will contain approximately 4,978.5 square feet of lot area and 50 feet of lot width, resulting in deficiencies from the required minimum 5,000 square foot lot area and 60-foot minimum corner lot width. Accordingly, subdivision variances to Sections 4.4(b) and 4.4(c)(1) of the Subdivision Regulations are required. ■ Considerations: The request is to subdivide two existing parcels into five lots for the construction of single-family dwellings within the Gatewood Park neighborhood. The applicant originally considered developing a duplex or semi-detached dwelling at the corner of Gatwood Avenue and Paris Street, which could have been permitted by right under the existing zoning regulations; however, following discussions with nearby residents, the proposal was revised to include only single-family homes to reflect the neighborhood's preference. The requested subdivision variance is intended to accommodate this revised layout, with the applicant noting that the overall residential density would remain similar to the previously considered duplex or semi-detached configuration. Staff evaluated the request against the hardship criteria outlined in Section 9.3 of the Subdivision Regulations and determined that the application does not satisfy the required standards for approval. Staff found that the applicant retains reasonable by-right development options, including the ability to create four conforming single-family lots or a combination of single-family and duplex or semi-detached development, for a total of five units. Additionally, Staff noted that the proposed lot sizes, approximately 5,000 square feet each, are smaller than the prevailing 10,000 to 15,000 square foot lots within the surrounding neighborhood, and that proposed Lot 4 does not meet the required corner lot width BHC, LLC Page 2 of 2 standards. Staff further determined that the hardship was self-created by the proposed subdivision layout rather than the result of unique physical characteristics of the property. While Staff recommended denial of the request, the application did receive four letters of support from nearby residents favoring single- family development, and the Planning Commission ultimately recommended approval of the application. Additionally, there was one speaker in opposition at the Planning Commission hearing with concerns regarding compatibility with the neighborhood character. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 13, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 2. 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lots 91-A and 92-A, Resubdivision of Lots 91 & 92, Revised Plat Gatewood Park Extd." dated March 3, 2025, and prepared by Maser Consulting, 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. 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(s) of Support (4) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. �-- Submitting Department/Agency: Planning Department City Manager: Aa� Agenda Item 7 Applicant: Property • Philip D. Seaford VB • • • ' • 1 • CouncilCity C- Project Details Request Subdivision Variance (Subdivision Regulations 4— t xA1RCApVPL -'T 4.4(b)(c)(1) for lot area, corner lot width) ! t 10 Ra..�'T 1 tom- RE # � 1 3 Tl u Staff Recommendation BUY�-a t t � s Denial IL(I- TV' LU Staff Planner { nPµRv�c7 y Aubrey A. Trebilcock 4 Location 313 Gatewood Avenue �— GPINsYEN717R 7RE t � 2407015506, 2407014686 1LtpCKlRI Site Size 29,978.5 square feet AICUZ Greater than 75 dB DNL Watershed r Chesapeake Bay Existing Land Use and Zoning District Single-Family Dwelling, Vacant/ R-5D Residential Surrounding Land Uses and Zoning Districts o �" North ` ` Single-Family Dwelling/ R-5D Residential ROYALLHAVEN pets s ' South Paris Street Single-Family Dwellings/ R-51D Residential East Gatewood Avenue Single-Family Dwellings, Semi-Detached Dwelling/ R-5D Residential West Single-Family Dwelling/ R-5D Residential BHC, LLC Agenda Item 7 page 1 of 18 Background SummaryofProposal • The applicant plans to subdivide the two subject parcels to create five lots, each to be developed with a single-family dwelling. • The existing lots, Lot 91-A and Lot 92-A, were created by plat in 1980. The properties are in the R-5D Residential Zoning District, which requires a minimum lot size of 5,000 square feet and a lot width of 50 feet for a single-family use. • Of the proposed lots, Lots 1, 2, 3, and 5 will meet all dimensional requirements of the R-51) Zoning District. Lot 4, which will have a lot area of 4,978.5 square feet and a lot width of 50 feet, would not meet the minimum 5,000 square foot lot area requirement or the 60-foot minimum lot width requirement for a corner lot. As such, a Subdivision Variance to Section 4.4(b) and Section 4.4(c)(1) of the Subdivision Regulations for lot area and corner lot width are required. Required Proposed Required Proposed Required Proposed Street Line Street Proposed Lot Lot Area Lot Area Lot Width Lot Width (squareFrontage Lot 1 5,000 5,000 50 50 40 50 Lot 2 5,000 5,000 50 50 40 50 Lot 3 5,000 5,000 50 50 40 50 Lot 4 5,000 4,978.5* 60 (corner) 50* 48 (corner) 45* Lot 5 5,000 5,000 50 50 40 50 * indicates a substandard value that requires a Variance BHC, LLC Agenda Item 7 page 2 of 18 Zoning • Map Key No. Request SVR (Exemption to Corner Rounding 12 1 Causing Insufficient Lot Area) ' Approved 06/02/2020 _ o' RR5`` j i 12 �- Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.,Alternative Compliance EvaluationRecommendation 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. Agenda Item 7 page 3of18 The applicant plans to subdivide the two subject parcels to create five lots for the construction of single-family dwellings. The applicant originally considered building a semi-detached or duplex dwelling at the corner of Gatewood Avenue and Paris Street in place of proposed Lots 3 and 4. As a duplex only has a lot width requirement of 75 feet and each lot for a semi-detached dwelling only requires a width of 35 feet, these uses could be approved by right. Following discussions with nearby residents, the applicant received feedback that neighbors would prefer single-family development. The applicant is requesting this variance based on this feedback and density being equal between two single-family dwellings and a duplex or semi-detached dwelling. The application does not appear to meet the five standards for a hardship as written in Section 9.3 of the Subdivision Regulations. The applicant can, by right, create four single-family lots from the two existing lots or three single-family lots with a duplex or semi-detached dwelling. Despite emphasizing continued single-family development, as is the dominant development type within the Gatewood Park neighborhood, the proposal does not fully align with the character of the neighborhood, as the majority of the existing residential lots are 10,000 to 15,000 square feet in area, rather than the approximately 5,000 square foot lots proposed with this application. Additionally, Lot 4 cannot meet the dimensional requirements for a single-family corner lot. The City's Subdivision Ordinance requires an additional 10 feet of width for a corner lot, except for corner lots in districts with a minimum lot width of 125 feet or more. As this is a requirement for every corner lot throughout the City, excluding those within a minimum lot width of 125 feet or more, staff does not find this to be a special hardship unique to the subject site, nor are there physical characteristics of the property that inhibit the width or area calculation. The hardship is not caused by the Zoning Ordinance, as is sometimes the case for improperly created lots that cannot meet the present-day Zoning Ordinance, but is a self-inflicted hardship caused by the number of lots proposed to be created rather than any topography or extraordinary situation. Staff believes the by-right option to create four single-family lots would be more compatible with the character of the area. The application has received four letters of support from residents within the Gatewood Park subdivision, emphasizing the preference for single-family development. As Staff could not identify a hardship as required by Section 9.3 of the Subdivision Regulations, Staff is recommending denial of this request. Conditions have been provided in the event City Council chooses to approve the application. Recommended Conditions 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lots 91-A and 92-A, Resubdivision of Lots 91 & 92, Revised Plat Gatewood Park Extd." dated March 3, 2025, and prepared by Maser Consulting, 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. 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 �BHC, LLC Agenda Item 7 page 4 of 18 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 with the existing development around it. Designing a structure that is scaled and proportioned with surrounding development is typically more difficult than utilizing a design that simply fits the site and meets zoning regulations. The result, however, is a structure compatible with the neighborhood with respect to land use and design and will give the impression to those who pass by that it has always been part of the original development." (p. 1-58 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. BHC, LLC Agenda Item 7 page 5 of 18 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1-10 ADT Gatewood Avenue N/A N/A Proposed Land Use 2-50 ADT Existing Land Use 1- 10 ADT Paris Street N/A N/A Proposed Land Use Z-50 ADT 'As defined by 1 'As defined by 5 Single-Family Single-Family Dwelling Dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Gatewood Avenue and Paris Street are both identified as neighborhood streets. There are no plans to improve Gatewood Avenue or Paris Street 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 available. Sewer City sanitary sewer is available. BHC, LLC Agenda Item 7 page 6 of 18 Public Outreach Information Planning Commission • Four letters of support have been received by Staff. • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. BHC, LLC Agenda Item 7 page 7 of 18 LT MVE DATA SEGMENT !IF LE/YCTN DELTA pLORD - CI f0.00' 1571' 90.00'00'1 S 35-15'49'W 14.14' N • LOT➢9 I LOTJi LANDS N/F LANDS N/T I USA C KRAAI d AIA E.P.MEMNARDT I MAURkE C d LRADA K RANEY OPIN 2407-01-J5NG GPW.-2401-01-J753 MSTR./202 AOJOa509 I D.N.268},PC 1905 (AID.34,PO 16) (I(.8 34,PG 161 N OP99'16'W 200.00' 100.00, Saco' _ _SQOO' I ^ 5'PUBLIC ul f1RAMA&UTIL ITY ESMT (M.B.138,PG 54) I ^� (5,000. 59.FT. �q�v7 CR 10,1 AC.) ~ I lil 1J$PG 91) I n I1.230.0 W.FT OR E 07-0 AC. N x N 09Yi76'W 10- 1M7-DI-161% ` I 5200' $0.00' wRp C (N.N PG 51) Ma 19,pa 91j) �> r�i LOTlb Q I$l10.SO.FT OR : s I I y MIA LANDS N O7-01 AC. I}Q�tNNEELER 3 2107-OI-5505 (7,l0Ra 7C R. $ 1 210111-41 8 1n r dF 6T72 ( MSTR.4202103MY900 (X8..34,PG T6) A AF)T R gw (S OOa_0 50.FT. 2 (J SG2_0 Sa FT. 2 I 2 OR 0./IS AC) g OR 0.172 AC.J ( I I I � I I 2 I 15'WPCO EASO"T (WSTR P02203037373) I 'I 2 31.9 4a00' Sa 00' Sa Do' t" 5 09'4416'E 200.00' f ' 8B ON :I <.7 •.•• Law" GATEWOOD AVENUE (60'R/Ih (M.G..34,PC 16) PROJECT IA 2600O964A THEl1NDERM EDEaT"T TT 9JOOM5lold ASRAPP SM TF "T.CONf M 0 20 SUIE AS SHOWN TO THE APFLICAB ME ATIDNS RELATING TO THE EUlDN610N OF LAND AND R ACCORDINGLYAIMR W.VRA.HARROVALTHEUNDERSWFEDDONOTCERTi MTO REFERTOSHEETIOF2FOR DATA MARCH A 2025 THE COMECT--THE 80UNOAR1,ST—T OR OTHER—SHOWN ON THR RAT. ADDITIONAL NOTES AND $CALF.:1"-20' DRAWN BY:WAW —TING PERIIK UGHTSOFWAT,EASEMENTS OR OT PE1NK NTERPSTS NOT SHOWN ON CERTIFICATIONS THIS PLAT REFSNN IN 9—AND ARE NOT TERMWUTED OR I—INGWEHED BY OMISSION FROM SHEET.2 OF 2 HIS PLAT. LEGEND sveomsloN PLAT OF NORFOLK OFFICE ' PIN(F) LOTS 91-A AND 92-A,RESUBDIVSION ssm"11i tlTI dVRIWABEACµ YEIGREA • PIN BOUNOAFY LfNE OF LOTS 91&92,REVISED PLAT WwJFF�RNV,r�tiAw N.I tlk NA 21SIl GATEWOOD PARK EXTD. ._..__...—.......... .. _........__� -7S7]11— APFADMDw[CfoRolnacwauS --'--ADJACENT PROPERTY CANE (MR 118.PG.54) bYtYrN R -� OFT OF VEI(iIA iAOi VEIGNA __. PROPERTY LILT HEREBY VACATED �i'•'•'"•• (D VIRGINIA REACK NRGINIA _._....................... CL (D CL) TW 00 i O (D n h M� � r^ W - ( ) SZ 10 6 aged wall epuaSV Dll 'DHB - - - PARIS ST (50- R/W) y — — — — —'— — — _'—. — _.. —. ¢ �p D /Il •s' uuvv;r 4lito F— . cu m N dl>3k f�dM1W ' N ro z,, Nj g� g: T $ g'� z SU13DMSION VARIANCE EXHIBIT GOOD LAND ENGINEERING GATEWOOD PARK �y EXTD. I '-� Q$ d •loo aottr soAnO ,7� JIS CA7EK�0.D arc n; f V7RCING 86AfR,VIEGIRG.23433 I `� VWQNIA BEACH, NROMA 23454 M+�' Y+3>).>.—>+ss.e...s.�•.7..�.•«� a � ma Proposed i Z 1 , Mull r.r� �rr ,rAw!!t r�nws a Y y f w BHC, LLC Agenda Item 7 page 10 of 18 LOT 93 L,4AOS r I a .P.MrooMor LISA r-XNAU&WA I MAUMa LANDSXA K. RAMEY OW 2407-W-35W Gift 2407-01-375J AVSIR.AW40"O" I DAK 2m.m ym tua Ju.pa 16) (.W.&34,pa 16) N 0~16-W 2Oa00' 1003W so, . — ———— — --- —:00' IV S'PUBLYC DRAWAW� • &u7vry Ewr. (M.R 1-14 Pa 54) k 120, (m.a IA PC -U) pRopo=5' 0.pa 191j) Sa FT. OR DRAP"Cr 11.25a0' 7m��— a P T- 6M AC ,v orwig,w ooaoo* 2407-01-4666 o 4v-- — — ———— —— PROPROPOSED ——5' f2-A ct • DRAMCE M'T (MA IJA Pa 4 PG' Lorm ?#I a LAB LANDSN/Ir 43O AC WVNEY R. OWELEW Wft 2407-OF-477J (?wao sa Fr. OR a172 AC, AVSIR•o2021omif9o0 ?- (W.&54. Pa 16) ;t OAL. F--— ——— — ——— — — — Woj7- F-MU7133rM I-L'12f,997WO "WE ON cofta GATEWOOD AVENUE (60,RM (MAL 54 PC 10) f aq D (D CL co 0 (D q 00 --j n MXVFVArA MGWNr MAWS IEMCTN Da?A CHM cl laoo, f171.1 SM W 1. _1$,"_W #.&t4. • LZ N/r I LANDS Nlr USA C.KMAU ag'.&ARA E.P.mEwHARDr I MAWCE f.&OVA K.RAMY 4pft 2407-01-.17" WSTR.002403XW9 D.B.268f,Pr. 1905 (At e m 7$) 34.m 10) 5* *viury Esull(Ara "a 0A ft 64) 91-4 112=0$a Fr.OR 7F!FL, af4f AC, w M 09406'W=00' 7-01-4636 mvavwD 5, VZA C#A*ACE OW7 (my. I s • 2407-Of-Mm (x�o sa rr, cm.,2407-0-411.t ON a172 AC Xrj Wsm, fmlo_vlyfow • 16) PTA (.%olwo—sa Fr. AC) aq aW AC) 12-, 2w7-m-xx" 20'lts�cl Woo, ,2az2cLw75 CORNER GATEWOOD AVENUE (60'RIW) (ma j4. ,a to) • MqFCT P 160004"A SCAU,AS SHOWN DAM K"CH 3.2025 SCALE 1"c 20' OF SHUT: LEGEND NORPOLK OFFICE AW(F) A4--a...„„ 0 PW M LOTS 91-A AND 92-A,RESUBDIVSION NE IS o'Q OF LOTS 91&92.REVISED PLAT ... aj (D BdAVDARY tAT GATEWOOD PARK EXTO. A"cEtyr PRWRTY IM P—:ys,a 1"os" (D =$ M R I�k pl, CL PROIDUY LAVE HEREBY VACA MD 1-- ARGINIA 0 (D h 00 -.j r) 0 Site Photos a W .ate .•. '�►►�! � h. ,.71 Age t� t X. 1 OS IN F xr Rt ' Fro , PLC P K..x .. { +4 t Site Photos OF '` 77 VS ry e .+ut'Yt� a� ice= ;s¢r.�as �-re"r. ' �� •��` �::.� s�*�y'�'`��c - x s 4 X w w ry , BEACHDisclosure Statement VIRGINIA Disclosure V-6, The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT • DISCLOSURE APPLICANT INFORMATION Applicant Name: BHC, LLC as listed on application Is Applicant also the Owner of the subject property? YesQ Noe+ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO If yes,name Representative: Ben Bishard 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.) Bishard Development Corp,Manager;Steven W Bishard,President;John K Bishard,Secretary;Robert Deacon,VP of Operations;Thomas Lewis IN,CFO Does the subject property have a proposed or pending purchaser? Yes • No if yes,name proposed or pending purchaser: BHC, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in 1Lhe subject land or any proposed development contingent on the subject public action? YesQ 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 O Towne Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement i rev. May-2024 page 1 of 3 BHC, LLC Agenda Item 7 page 15 of 18 Disclosure APPLICANTSECTION 1: DISCLOSURE SERVICE YES NO SERVICE PROVIDER Nameentit and/orindividual Accounting/Tax Return Preparation Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Q 0 Robert Womom,Bishard Homes Legal Services Q 0 Sean Reilly,Hanger Law APPLICANT CERTIFICATION READ:i certify that ail information contained in this Form is complete,true,and accurate.1 understand that upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Ben Bishard 02127/2026 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. z'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(1)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 6/1/2026 Marchelle L Coleman v''l`'�� 6/1/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 _. BHC, LLC Agenda Item 7 page 16 of 18 Disclosure SECTIONPROPERTY" • PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Philip Seaford Is the Owner 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 1 or affiliated business entity2 relationship with the applicant. (Attach list if necessary.) F -- I Does the subject property have a proposed or pending purchaser? YesQ No0 if yes,name proposed or pending purchaser: BHC, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o NoQ if es,name the a iciol or emplo ee, 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 Sanuel White,P.C.,Tustee,Wells Fargo Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent Legal Services Q Q Sean Reilly,Hanger Law PROPERTY OWNER CERTIFICATION READ.I certify that of/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. Philip Seaford 02/27/2026 Property Owner Name(Print) Property Owner ignature Date Disclosure Statement I rev. May-2024 page 3 of 3 BHC, LLC Agenda Item 7 page 17 of 18 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BHC, LLC Agenda Item 7 page 18 of 18 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #7 BHC, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: The next order of business is the regular agenda. The regular agenda will proceed as follows: the applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. The applicant may then return to the podium for up to three minutes for rebuttal and then answer any questions from the Commission. Madam Clerk, we're ready for the first item. Clerk: Our first item is Item 7, BHC, LLC. Mr. Bishard: Good afternoon. My name is Ben Bishard, representing BHC, LLC, on this application. I want to thank you all for hearing this case. Bishard Homes has been the pioneer developer in the Gatewood neighborhood;we've built seven homes in this community since 2019. Many of the neighbors have voiced their appreciation for our work to improve the community, and they've also voiced their preference and feedback that they prefer single-family development in the neighborhood rather than duplex. That's the reason for this subdivision variance before you today. BHC, LLC, is requesting a variance for lot width to allow for 50 feet instead of the 60 that is typically required at a corner. Also being requested is a variance to lot area to allow for 4,978 square feet instead of 5,000 as required,and that is due to a right-of-way dedication that was given at the corner of Paris Street and Gatewood, where they gave a ten-foot radius around the corner. It's also worth noting that there is 17 to 20 feet of additional grass right-of-way between the property line and the edge of pavement on Gatewood and Paris Street. The proposed single-family home to be built on this lot will meet all other dimensional requirements of the R51)zoning district. Elevations for that home have been provided. This site is located outside of the APZ area. It can be developed by five units by right; however, due to the proximity to the intersection, the two units on the corner closest to the corner would have to be duplex-style construction. This application does not change the number of units to be built; instead it allows for a fully single-family-style development that's more in keeping with the character and vision for the community. For reference, there are currently fifteen single-family homes that front Gatewood Avenue and only one duplex that fronts Gatewood Avenue. We do have four letters of support for this application, and as Marchelle mentioned in the informal, we did have one email opposing the project over the weekend due to a misunderstanding on the allowable density. I had a chance to meet with them on Monday and clarify the fact that this does not increase density; it's just to provide single-family development that aligns with the community's vision for the neighborhood. They expressed agreement with their neighbors and told me they'd be sending a follow-up email to rescind that opposition, which I believe Marchelle said they received. So in summary, this application does not change the number of units to be built and it's inspired by community feedback to provide single-family housing. Again, thank you for your time, and I'm happy to answer any questions. Mr. Coston: Madam Clerk, do we have any speakers for this item? Clerk: Yes, we have one speaker via WebEx. Drew Hit. Mr. Hit: Yes, I'm here. My name is Drew Hit, and I've been a Virginia Beach resident for 27 years and a residential redeveloper and affordable housing provider in Hampton Roads for the last 20. I own just shy of 200 rental units and have bought and flipped over 1,100 properties,including several in this very neighborhood. I also happen to own the two duplexes that are on Paris Street just across the street from this potential development. I urge you to continue with the denial of the subdivision variance that's been proposed here. I fully support staffs recommendation for denial. These proposed 5,000-square-foot lots are fundamentally incompatible with Gatewood Park's original suburban character. Up until 2020, there was only one 5,000-square-foot lot in this entire neighborhood—roughly one percent of the 105 lots that exist over there. Now there are five—about four and a half percent. If this variance is approved and these developments continue to move forward,that number continues to rise. The vast majority of the surrounding lots are 10,000 to 15,000 square feet. These are not the same as the traditional duplexes in this neighborhood, which have much larger lots. Duplexes by nature are affordable rental units. These are essentially townhouse-style resale units being inserted into a predominantly single-family area that has existed for over seventy years. This does not honor the comprehensive plan's call for infill that is scaled and proportionate with surrounding development. This would now be the third corner lot developed in this neighborhood in the last six years since the precedent was set. In the last seventy years prior,this style of property never existed. Creating precedent is a dangerous thing. It erodes the very character the neighborhood was designed for and threatens affordable rental housing. I urge you to strictly adhere to the variance standards and protect the neighborhood at all points in one direction—deny this variance and reverse the course of this trend. Thank you so much. Mr. Coston: Thank you, Mr. Hit. There are no other speakers? Clerk: There are no other speakers. Mr. Coston: Mr. Bishard, if you would come back, you have three minutes for rebuttal. Mr. Bishard: Thank you. I would just remind the board that these 5,000-square-foot lots are in conformance with the R51) district, and that the reason for the request is based on community feedback that they prefer single family instead of duplex. It does not change the number of units that could or would be built on this property otherwise. Mr. Coston: Are there any questions? Ms. Cuellar: Hi, Mr. Bishard. Thank you. Can you just share with us how your community engagement became involved? That's such an important part of this process. If you could just elaborate that a little bit more for us that would be grateful. Mr. Bishard: Sure. Over the years since we've been building this neighborhood, we've gotten to know the neighbor across the street very well,and she's been kind of the pioneer of letting us know that that's their preference. I did some door-knocking around the neighborhood as well, close to this corner, and every person that I had the chance to speak to, while they were home, signed a letter of support. There were several doors I knocked on that were not home at the time. I was not aware of any opposition until this morning, other than that email that we received. Ms. Cuellar: Thank you very much, and thank you for engaging with the community. Mr. Coston: Commissioner Camp? Mr.Camp: Good afternoon. Thank you again for being here. I have two questions for you. The recommendation from the staff is to deny your application. If I understand this right,by right you could create four single-family homes on the land that you've assembled here— Mr.Bishard: Four single-family homes—or otherwise it could be three single families and two duplex units. Mr.Camp: Yes, sir. So,if the staff s recommendation was upheld by City Council,can you give us an indication of which of those two directions you would go with this property? Mr. Bishard: Sure. I would certainly have to talk to some of the leadership in the organization, but my assumption is that we would build the five units that are permitted by right. Mr. Camp: So, what are the five units again? Mr. Bishard: It would be three single families and two duplex-style units on the corner. Mr. Camp: Okay. So, three single family and two duplex versus your application to build five single-family homes. Mr. Bishard: Yes, sir. Mr. Camp: Okay. Thank you for clarifying that. My second question is—your firm appears to be very aware of the market for opportunities for infill development,you even used the term -- in terms of finding sites like this where you might be able to put four or five homes is that a common occurrence or is it typically that you're coming up with sites that have one possibly two maybe even three sites. Is there any norm that we're seeing out there as we begin this infill process under the comp plan? Mr. Bishard: Yeah, there's certainly — every neighborhood's a little bit different. This is one neighborhood that we've identified many years ago that has a lot of these subdividable properties and it's kind of ripe for redevelopment. The northern half of the neighborhood does have some restrictions based on its proximity to the military base, which is why the lots are larger up there than they are on the southern side. I hope that answers your question. We do have some particular neighborhoods in the city that we target for these sorts of subdivisions. Mr. Coston: Any other questions? I would like to entertain a motion or further discussion. Ms. Schoonover: I move that we approve this application. Ms. Cuellar: Second. Mr. Coston: Thank you. You may be seated. It has been moved by Commissioner Schoonover that we approve this item and seconded by Commissioner Cuellar. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: I do want to speak to the motion. I am in favor of this passage. I sometimes struggle to understand what is a hardship and in whose view it becomes a hardship, but I don't want that to stand in the way of what is right, and that is to allow this project to go forward. Thank you. Clerk: The vote is open. By a recorded vote of 9 to 2, Item 7, BHC, LLC, has been recommended for approval. Vote Tall Commission Member AYE 9 NAY 2 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Subdivision Plat of Lots 91-A and 92-A, Resubdivision of Lots 91 & 92, Revised Plat Gatewood Park Extd" dated March 3, 2025, and prepared by Maser Consulting, 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. 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. March 2"', 2026 Dear City Council and Planning Commission, My name is Sharon Conner, and I have lived at 304 Gatewood Ave for 47 years. Bishard Homes has built several beautiful homes in the neighborhood over the years, and I am a big fan of their work. I am writing to express my support for the subdivision variance application at 313 Gatewood Ave, to allow for a single family home to be built at the corner, rather than a duplex. I much prefer single family development in my neighborhood and am in favor of the existing older duplexes being redeveloped. Sincerely, Lq'vt.� Sharon K. Conner March 201, 2026 Hear City Council and Planning Commission, My name is Jacob Davis and my wife and I have lived at 217 Gatewood Ave for over 2 years. Bishard Homes has built several beautiful homes in the neighborhood, and we are big fans of their work. I am writing to express my support for the subdivision variance application at 313 Gatewood Ave, to allow for a single-family home to be built at the corner, rather than a duplex. Sincerely, ;� G,vvly Jacob Davis April27`", 2026 Dear City Council and Planning Commission, My name is CN , and I live at [.,c,.< � .�� s %P-e�'" , I am writing to express my support for BHC, LLC(Bishard Homes) and the subdivision variance application at 313 Gatewood Ave, to allow for a single family home to be built at the corner, rather than a duplex. Sincerely, April 27', 2026 Dear City Council and Planning Commission, My name ised *R/7 Y /Iylff^/ , and I live at.,,-7Z Sj- 1 am writing to express my support for BHC, LLC (Bishard Homes) and the subdivision variance application at 313 Gatewood Ave, to allow for a single family home to be built at the corner, rather than a duplex. Sincerely, C,,,j c_ R 5S GO`D SSORO ACE At Mo. - m 41 "' R5S ENNEDY AVE ___v - K R5S I. All.. ... ..��..... ® site DS Investors, Inc. Zoning 845 Kennedy Avenue C Property Polygons Feet 0 15 30 60 90 120 Map created by Plannina Department on 5/15/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DS INVESTORS, INC. A VIRGINIA CORPORATION [Applicant & Property Owner] Subdivision Variance (Section 4.4(c)(1) of the Subdivision Regulations) for the property located at 845 Kennedy Avenue (GPIN 2417916204 ). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: June 16, 2026 ■ Background: The applicant is requesting approval to resubdivide an existing 10,500-square-foot parcel in the R-5S Residential Single-Family Zoning District into two single-family residential lots. The property is currently composed of five 25-foot-wide legally nonconforming lots that were originally created as part of the Shadow Lawn Heights subdivision plat in 1924. Under the R-5S District regulations, single-family lots are required to contain a minimum of 5,000 square feet of lot area and 50 feet of lot width, while corner lots must be at least 10 feet wider than the minimum zoning requirement pursuant to Section 4.4(c)(1) of the Subdivision Regulations. Proposed Lot 41A will meet all applicable dimensional standards with 5,000 square feet of area and 50 feet of width. Proposed Lot 49A, which is a corner lot, will contain 5,500 square feet of lot area and 55 feet of width, but will not meet the required 60-foot corner lot width standard. Therefore, a subdivision variance is required. ■ Considerations: The request is to resubdivide an existing 10,500-square-foot parcel in the R-5S Zoning District into two single-family residential lots. While proposed Lot 41A meets all zoning requirements, proposed Lot 49A, a corner lot, will be 55 feet wide and therefore does not meet the 60-foot corner lot width requirement established by the Subdivision Regulations, requiring a subdivision variance. The subject property is located within the Shadow Lawn Heights neighborhood, which has a long history of legally nonconforming lots created prior to the adoption of modern zoning and subdivision regulations. Many existing lots in the neighborhood were originally platted at widths between 20 and 30 feet, and over time, the City adopted regulations intended to limit further creation of nonconforming lots through consolidation requirements. While Section 502(e) of the Zoning Ordinance requires all newly created lots to conform to the dimensional requirements of the Zoning Ordinance, Staff notes that the requirement for the additional 10 feet for corner lots derives from the Subdivision Regulations, not the Zoning Ordinance. The Zoning Ordinance does IDS Investors, Inc. Page 2 of 3 not distinguish between internal and corner lot widths; it requires a greater side setback when adjacent to a street. Although it will not meet the lot width as required by the Subdivision Regulations, the proposed corner lot will comply with the required 15-foot side setback adjacent to a street, thereby maintaining adequate visibility and spacing.Additionally, the proposed lot configuration is compatible with the historical development pattern of the neighborhood and similar to a previous City Council approval of a similar 55-foot-wide corner lot variance within the area. To further ensure compatibility with the neighborhood, a condition is recommended to require the design and materials for any future dwelling be compatible with the surrounding area. Although there was 1 speaker in opposition at the Planning Commission hearing and 28 letters of opposition were received expressing concerns about setting a precedent for additional subdivisions and development out of character with the neighborhood, Staff and the Planning Commission found the request to be generally consistent with prior Council actions and the existing development pattern. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 13, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Proposed Resubdivision of Lots 41, 43, 45, 47, & 49, Block 55, Shadow Lawn Heights" dated November 20, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When the lots are developed, the final building design must be reviewed and approved by the Comprehensive Planning Division for compatibility with the surrounding neighborhood in design and materials used during plan review. 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 IDS Investors, Inc. Page 3 of 3 Letter(s) of Opposition (28) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:�69 Agenda Item 8 Applicant and Property Owner: DS Investors, Inc. Planning Commission Public1 ■ CouncilCity • Project Details Request Subdivision Variance (Subdivision Regulations N _ Section 4.4(c)(1) for corner lot width) "Avtt_ Staff Recommendation NS ON SAt Approval cW`N`�pR�aYe 1ll, Staff Planner Z , Aubrey A. TrebilcockVt Location —1 • � : � .._ � � _lOSt AVV pyt __a 845 Kennedy Avenue GPIN 1 f 2417916204 - f Site Size 10,500 square feet A/CUZ Greater than 75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Single-Family Dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North Single-Family Dwellings/ R-5S Residential South Kennedy Avenue Single-Family Dwelling/ R-5S Residential East Single-Family Dwelling/ R-5S Residential West Rudee Avenue Single-Family Dwellings/ R-5S Residential IDS Investors, Inc. Agenda Item 8 page 1 of 16 Background SummaryofProposal • The existing parcel is composed of five 25-foot-wide, legally nonconforming lots, which were created via the original plat for Shadow Lawn Heights in 1924. • The applicant is seeking to resubdivide the 10,500 square foot subject parcel, which is zoned R-5S Residential Single-Family, into two single-family lots. • The R-5S Zoning District requires a minimum lot area of 5,000 square feet and a lot width of 50 feet for a single-family use. Regarding corner lots, Section 4.4(c)(1) of the Subdivision Regulations states, "corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance." • Proposed Lot 41A will contain 5,000 square feet of lot area and a 50-foot lot width, meeting all dimensional standards for the R-5S Zoning District. Proposed Lot 49A, a corner lot, will contain 5,500 square feet of lot area, but its 55-foot lot width will not meet the additional 10-foot requirement of Section 4.4(c)(1). As such, a Subdivision Variance is required. • The R-5S Zoning District has unique requirements regarding nonconforming lots [Zoning Ordinance Section 502e]: 1. Where a lot has less than the minimum requirements for the R-5S Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and since the passage of this ordinance, said lot may be developed for any purpose permitted within the R-5S Residential District. 2. However, if the owner of a lot which does not meet the minimum requirements of the R-5S Residential District, is the owner of or becomes the owner of another substandard lot adjacent to it and located in the same R-5S Residential District, he is not entitled to the exception in (1) above. In this instance, the owner of the two (2) or more adjacent substandard lots must combine the two (2) or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance applicable within the R-5S Residential District. 3. The owner of contiguous substandard lots is prohibited from conveying one (1) or more of the substandard lots with the result that both the grantors and the grantee possess lots entitled to an exception from the minimum lot requirements. 4. Status as a single and separate owner may not be acquired after enactment of this ordinance by selling a parcel and reducing the remainder below the minimum lot requirements nor may an owner of several contiguous nonconforming parcels combine them so as to leave a substandard lot, and assert the right to exception in (1) above. DS Investors, Inc. Agenda Item 8 page 2 of 16 Required Proposed Required Proposed Required Proposed Proposed Lot Lot Area Lot Area Lot Width Lot Width Lot Corner Lot (square feet) (feet) Lot 41A 5,000 5,000 50 50 40 50 Lot 49A 5,000 5,500 60 (corner) 55 (corner)* 48 55 * indicates a substandard value that requires a Variance Zoning No Zoning History to Report C t� R55 KENAEOY p x Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance DS Investors, Inc. Agenda Item 8 page 3 of 16 Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized, whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant is seeking to resubdivide the subject 10,500 square foot parcel, comprised of five lots, to create two single-family lots. Proposed Lot 41A will meet all dimensional requirements for the R-5S Zoning District; however, proposed Lot 49A will not meet the additional 10-foot lot width requirement for corner lots, being only 55 feet wide, whereas the required corner lot width is 60 feet. The R-5S zoned portion of Shadow Lawn Heights, which was developed before the establishment of a Zoning Ordinance or the Subdivision Regulations, has a unique history concerning nonconforming lots. The majority of lots created by the 1924 plat were between 20 and 30 feet wide. At that time, there was no restriction on building across lot lines, and it was typical for homes to be built across two or more of these narrow lots. Eventually, following the establishment of a Zoning Ordinance, these lots became legally nonconforming in both lot area and width. As lots in this area were redeveloped, smaller dwellings that fit entirely within the narrow lots were constructed. In 1983, residents of the neighborhood lobbied the City Council to enact a Code section that would restrict the redevelopment of lots by preventing owners of contiguous property from selling nonconforming parcels separately and requiring consolidation of parcels to a conforming, or less nonconforming, status for redevelopment. The specific language is provided in the Background & Summary of Proposal section of this report and can also be referenced in Section 502(e) of the Zoning Ordinance. In 1993, an exception to 502(e) was granted for lots 35 feet or wider; however, by 2002, this exception had been removed due to negative feedback from the neighborhood. Within this context, the proposal must comply with all requirements of the Zoning Ordinance, as Section 502(e) does not permit any deviation from the dimensional requirements for newly created lots where contiguous ownership would otherwise allow for a conforming lot or lots to be created. It is important to note DS Investors, Inc. Agenda Item 8 page 4 of 16 that the additional 10 feet of lot width required for corner lots derives from the Subdivision Regulations, not the Zoning Ordinance. The Zoning Ordinance itself does not distinguish between internal and corner lots for lot width purposes, but rather for setbacks from the adjacent streets. Side setbacks for an internal lot in the R-5S district are 5 feet on one side and 10 feet on the other; whereas, for a corner lot, the side setback adjacent to a street is increased to 15 feet, while the internal side setback can be 5 feet. Relative to the subject proposal, Lot 49A, with its 55-foot lot width, would meet the lot width for an interior lot in R-5S and would have the same buildable width as an internal lot. In 2011,the City Council granted a Subdivision Variance for a 55-foot-wide lot at 803 Terrace Avenue, so this application is not the first of its type in the area. Staff has identified a maximum of four other 105-foot-wide parcels within the R-5S zoned portion of Shadow Lawn Heights, which would potentially be able to seek a similar variance for a 55-foot-wide lot in the future. Five 55-foot-wide corner lots and one 50-foot-wide corner lot currently exist within this neighborhood. Staff has received letters and petitions from 28 households in opposition to this request who are concerned that this Variance creates a precedent by which additional parcels within the R-5S could be subdivided to create lots with substandard dimensions and, as a result, homes out of character with the surrounding neighborhood. The applicant does intend to meet the 15-foot side setback along Rudee Avenue, which should serve to provide the standard corner visibility within the R-5S Zoning District. Staff is including a condition that the homes be constructed with materials reflective of the surrounding dwellings to help preserve the character of the neighborhood, as recommended by the Reference Handbook of the Comprehensive Plan for Shadow Lawn infill development. As the proposal will meet the requirements of the Zoning Ordinance and is consistent with previous Council action, Staff is recommending approval of this request, subject to the conditions provided within this report. Recommended Conditions 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Proposed Resubdivision of Lots 41, 43, 45, 47, & 49, Block 55, Shadow Lawn Heights" dated November 20, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When the lots are developed, the final building design must be reviewed and approved by the Comprehensive Planning Division for compatibility with the surrounding neighborhood in design and materials used during plan review. 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. DS Investors, Inc. Agenda Item 8 page 5 of 16 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 Resort Area Strategic Growth Area (SGA). With a vision supported by the community, the Virginia Beach Resort Area Strategic Action Plan (RASAP) 2030 identifies the potential for four distinct, yet complementary, districts/corridors at Laskin Gateway, Central Beach, Marina, and Oceanfront (Atlantic and Pacific Avenues). The plan is a vision for enhancing the area by extending the energy at the beach into these areas. This plan develops synergies between the cultural and commercial life, the recreational and natural life, and an overall focus on drawing residents and visitors into the area. Furthermore, for residents of the area, providing safe and comfortable places for residents and rehabilitating and preserving historic structures and properties is emphasized. [Comprehensive Plan Policy Document, p 1-53] Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. DS Investors, Inc. Agenda Item 8 page 6 of 16 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1-10 ADT Kennedy Avenue N/A N/A Proposed Land Use 2-20 ADT Existing Land Use 1- 10 ADT Rudee Avenue N/A N/A Proposed Land Use Z-20 ADT 'As defined by 1 2As defined by 5 Single-Family Single-Family Dwelling Dwellings Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Kennedy Avenue and Rudee Avenue are both identified as two-lane neighborhood streets. There are no plans to improve these sections of Kennedy Avenue or Rudee Avenue 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 available. There is an existing 6-inch city water main and an existing 8-inch city sanitary sewer gravity main along Kennedy Avenue. Sewer City sanitary sewer is available. There is an existing 10-inch city water main and an existing 8-inch city sanitary sewer gravity main along Rudee Avenue. DS Investors, Inc. Agenda Item 8 page 7 of 16 Public Outreach Information Planning Commission • Staff have received four letters of opposition and a petition of opposition from 24 households related to this request. • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. DS Investors, Inc. Agenda Item 8 page 8 of 16 OWNEY AMo aeEnAL MOTEe i, DE METRDM2R SOLRCE;F INS RAT B 9M ON THE ARM*SEAIE ILAE COONDIWE 75?K S ' SOJIH 201E 410 1961(19931WA).CXFOMTE'ML>£5 S1DWN IRE 00t6.SSED M U.S.SUTNEY FEET. 2. TK TOM AREA ENDOWASSED WANK THIS RUT OF RESUMMSIOH IS 10.500 m.FT,.0.241 AC, (7 • 3. 1HIS Sill LIES AMIN AIRCRAFT ACCIDENT PUTEAPL ZONE 11(L ANSI/OR WW ZONE(,) • >'75 IR IM AM MAY BE SU41EL'1 TO AMCWT ACCIDENTS AO/OR ABOVE A7:RAGE NOSE LMS DUE TO ITS PROVW1Y PJ ABWRAFT OPERAIRONS.NOISE ATTORUAMCN MEASURES FOR NEW 3.ppFE,E C%6TRtMN MAY HE REQUIRED M WONIMNI:E NTH THE AMw.TR1 MJC:E A1T[NWEMIN AM SAFETY ORDI%NCE AND 4129 RESTR.CTDNS WA OFEN MPOST'.J IN ACCORDANCE MN SECTION 202(0)OF cI T yLW TK CITY ZOP"ORDWONX 4. TK PROPEROES ELOWAD M THE 11VOS CIF THIS SAAIN9ON AWEAR TO FALL WITHIN FLOOD ZONE I OM-WIDED)W"pE BURIED TO BE Ou190E OF THE=MOM OWCE FLOOD)d I I f • FLOOD ME I MINDED)(AKF6 OF M NMW 0*0 FLOOD.NM OF 1I NMK OWIf FLOOD UM MOUGE OEM OF LESS TWA I FOOT OR WOH OM9MCE AEA LEM TWA I SOLYME WE;MV WAS PROECTED N IFMFFS FAOY I;MOM OIM FLOOD)AS 9Q*N ON I I 1 INET1� "1 FEMA'S FLOW MSV.NKE E WA FOR THE CITY C OF VIRGINIA 6EKH,POMP. CC RAZ 21MI11Y PNQ Ma MC 51553O 21G.OMED WW AW It 2015. N/F � WL .5 MOT A MiM M OEIOIMNIG THEREOUIR:MEMTS FOR FIDCO MSURANCE ON THERRDPEPTY SHOM KREIXNLS A T SUR.E1'DOES NOT WLY 7FAT THIS PNOPORWILLY WILL OR W NOT d MPMtl Bt LO4ON BE ABJECT TO FlOWkl.FOR FURTIO MORMWN.:CNIACT THE FOCAL COMMAIFf FLOOD Q.N 1RII60612W014560D) OFFICML (D.B.4559.PC.2162) P/Rl 1 • ""m" LOCATION MAP LOT AREA TABLES (08.74m. G.15W PG.255) ( I GRN:2417-9}:373 1 GPM.7417-91-6354 1 ) SCALE: i'-1,000' OMERALL LOT DIISTIIG LOT ARU GPRN q7 gp,P6 41 2,M) 0.0A6 2411-91-6255 49A ' I 414I I 16511 1 43 2,000 0046 2411-91-6735 45 2.000 0,046 24ti-91-6224 47 2.000 O.C16 2417-91-6204 ci 1' I 45 I 45 I 41 N/F 49 2.5m 0 M.PETFSRS 057 2417-91-5273 .�Tn ( I I ~�� AWt vArYnua LOT ( [3 8 I g I I g (M EmwnA�) lu 4 v.e ne.as 60) f 3 I g ( I g GPN:24'7-91-5797 41A awo a715 'm lu \ V I.M 45m aim 7s7 TOTAL 101570 0241 I ER I I I I I �' '10t t !!/7MIP1J Q, I I I 5;x7' SaQO' KEYNWDY AVETKAE (50'R/TFJ(M.B.1,PG.F4) 20 0 20 40 60 F— ORAPHI_C SCALE SHERf 1 OF 1 1 a 20 SUBDIVISION VARIANCE EXHIBIT FOR PROPOSED OF RATS 41, 43, 45 45,, 47 47 & 49 L°„e,�°pb A7c lylfx'RNe BLOCK 55 OM CM F.ofm SOry T p4, SHADOW LAWN HEIGHTS '., (M.B. 7, PG. 14) FIXI4;M VIRGINIA BEACH VIRGINIA JOM225-02M9 OWG:225-0296_—A" NOVEMBER 20 2025 D REF:9-M FW/P (1) < - 2zo-uzu - � � O O rD `n m 00 n Proposed •1Noo�wMn MaarHt +�t�?� �� ^� U 1 I i 11 �r avm. a s,.eu,s o r & �Y s i r � 1 G I n r .Wm. ♦F4a4tYx I 1 r— e s'r�n r sma�tri i I w J v . o DS Investors, Inc. Agenda Item 8 page 10 of 16 a, • � k i YI ® d r rye :s g a�aR 9 CL a4a I WW1 s: I I ID cu Ap rD 777 aolm I�l I i 1 I I�' ( � ® I(I � 1� � �;II i1 31; I� I 1A 9? Y 4 D N "il MANS 1`RL9AkEDf IRI.D.wiLL14M4 t'tNiS IRU:�NIN I 9 xAASlREPMCUfYM ID wRL1ANSfONST0.l CT115N v b ,MAYFIELD DESIGNS,INC. --- (, bb° ,MAYEIE L.D DE SIC*IS,INC. ' N w ,.., THE SHADOW LAWN MODEL r "' N 8- � THE SHADOW L4WN MODEL -m Q e--F ..,,�L„ti,�,� ,,,,,,.,,,,,,.:,,,,� PREI,IMINARYT.XTI:RI(1R I:LfVAT10N5 - PItELMRJARY EX7ERMR P.I,C�AT1nM1R N � 0 O rD =� 3 m 00 n Site Photos OF Now WT .ti i s i ' e � 3 r 1 i 4 } IDS Investors, Inc. Agenda Item 8 page 12 of 16 Site Photos Ti �� C...Jfff fi.,y �4aij.� Yin utEaic(f J w G .$ & CE � r Disclosure DisclosureCITY OF VIRGINIA V-B- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application DS Investors, Inc., a Virginia corporation Is Applicant also the Owner of the subject property? Yes@ Noo lfno, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noo .Es if yes,Home Representative: R. Edward Bourdon,Jr., q Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoo If yes,list the names of all officers,directors,mernbers, ur trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant(Attach list if necessary.) Howard R.Sykes,Jr.,President;J.Dennis Williams,Vice President/Secretary Does the subject property have a proposed or pending purchaser? Yes U No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noth if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 DS Investors, Inc. Agenda Item 8 page 14 of 16 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent O 0 Eric Garner,WPL Legal Services 0 R.Edward Bourdon,Jr.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to e meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or co r mi ee in connection with this application. r Howard R. Sykes, Jr., President 01/07/2026 Applicant Name(Print) Appl' 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, Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): 6/1/2026 Marchelle L. Coleman ' 6/1/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I�rev. May-2024 page 2 of 3 DS Investors, Inc. 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. DS Investors, Inc. Agenda Item 8 page 16 of 16 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #8 DS Investors, Inc. a Virginia Corporation Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 8, DS Investors, Incorporated. Mr. Bourdon: Good afternoon, Chairman Coston, members of the Commission. Again, for the record, Eddie Bourdon, Virginia Beach attorney. I'm representing DS Investors, Inc., on a piece of property that was owned by the Pallet family for a number of decades. The property is an assemblage that has existed since the 1940s and 1950s of five legally platted contiguous non- conforming lots because there was no zoning ordinance when they were created. Four are 20 feet wide by 100 feet deep; one is 25 feet wide by 100 feet deep, for a total of 105 feet of frontage on Kennedy, and 100 feet deep on the adjacent street. The lots were created 29 years before we had a zoning ordinance. In 1973,Virginia Beach adopted its first ordinance and in 1954 Princess Anne County adopted the first ordinance, and then it became the city's ordinance in 1963 with the merger. From 1954 on, the properties in Shadowlawn all were non-conforming. The lot size in 1954 and today minimum in Shadowlawn in R-57, now R-5S, has always been 50 feet in width and 5,000 square feet in lot area. There were no 50-foot wide lots or 5,000 square foot lots platted in Shadowlawn with the original subdivision plat of Shadowlawn. The proposed two-lot resubdivision is a 55-foot corner lot and a 50-foot interior lot, with a proposal for a house to be built on the corner lot that meets the architectural guidelines for Shadowlawn. With the approval of this lot, it will be the 13th lot that has to meet those guidelines out of well over 400 in Shadowlawn because the guidelines were created in 1992. This application does not involve a zoning variance. There's no variance to setbacks. The buildable area on a 55-foot wide by 100- foot deep corner lot in Shadowlawn is exactly the same as a 50 by 100-foot interior lot in Shadowlawn. The setbacks are five and ten for interior and fifteen and five for corner. The buildable envelope on both are identical: they are 35 feet wide by 60 feet deep. That's not to say that whole buildable area is going to be built on, but they are identical. There is no substandard aspect to a corner lot in the R-5S district in Shadowlawn. In 1983, after properties were starting to be developed as they were originally platted with shotgun houses on them,Nancy Parker and Diane Close spearheaded an effort that went to this Commission in 1983 and to City Council and adopted what is now Section 502(e) of our Zoning Ordinance. It hasn't changed other than in 1992, in 2000, 1993, and 2002. I've sent you all the transcript of the public hearing. The entirety of the discussion was about shotgun houses that were on 30-foot wide lots and getting rid of those because there were a number of them. It is on the record that Nancy Parker, who spearheaded this, had Tom Ammons, who later became a judge and was chairman of the Planning Commission, a very talented real estate attorney, draft 502(e) for the explicit purpose as she stated of making it as narrow as possible and to impact as few people as possible. Unfortunately, no one in Shadowlawn got prior notice of the adoption of this 502(e), and there were a number of people who had large assemblages of property that had no knowledge, including the city assessor,because they continued to be taxed on having developable property. Back in the early 90s, I was retained to help those people, and that led to a revision to 502(e) that added sub- provision five, which gave the people with those assembled lots the opportunity to create by re- subdivision, not new subdivision, because all the lots were there, to have one lot that was non- conforming 35 feet wide or greater and all the rest had to be conforming lots. From then until around 1999, 2000, ten people took advantage of that and recorded plats. There were no other people who wished to do so. The community said nothing else is coming in, we'd like to get rid of that. No one objected to it, and in 2002 subsection five was removed. Since then, in 2009 and 2011, two cases just like this moved forward that I handled. The first one, Council approved 10 to 1. The second one was on consent at Planning Commission. Before the second one in 2011, I went and did all this work on the lots that are in Shadowlawn, which you all have a copy of. But because it was on the consent agenda,there was no presentation either time. This is the first one since that time. In my opinion,there should not be a requirement for a subdivision variance, but we're happy to take one and we're here to say we think one is deserved. The reason I don't think it makes any sense that we have to do this is that when you look at what happens, the subdivision ordinance was not a part of the adoption of 502(e) at all. Judge Ammons, in drafting this, clearly said the only thing we are talking about are the standards in the zoning district, R-7 then R-5S now,which have not changed. From 1954 on, our zoning R-7 and now R-5S has every time it's been revised, every Comp Plan has said these were created for existing small lots that didn't meet the standards and we're not creating any more of it. We haven't created any more of it. I do not believe there has been another rezoning to R-5S, and I don't believe there has been any new subdivision plat of undeveloped lots in R-5S at all. This idea that we have to have 60-foot corner lots, they don't exist in Shadowlawn. We have 50-foot lots in R-10, Croatan corner lots R-10, R-5 lots at the north end 50-foot wide corner lots everywhere. The subdivision ordinance really shouldn't apply under what 502(e) was after and what it was doing because if you look at every residential zoning district in the city, R-40 all the way down to R-5R, R-5S, R-51), R-7.5, R-10, R-15, R-20, and R-30, if you add the extra 10 feet on a corner lot you get a still smaller buildable area than on an interior lot. Add the five feet to R- 40, R-5R, and R-51), also 5,000 square foot subdivisions, and you get the same buildable area on a corner lot as an interior lot. The only one that's different is R-5 S. You add 10 feet to an R-5 S lot under the provisions for setbacks, you get a bigger house on a corner lot, not the same, not smaller,but bigger. At 55 feet, you get the same size buildable area on a corner lot as on an interior lot, and that's exactly the same thing you get in R-5R and R-51), the same size buildable area. So, 55 feet on a corner lot is not substandard in any way in R-5S. And because there were not going to be any subdivisions of R-5S property that were new, this is all done by resubdivision, and there is a provision in our ordinance about resubdividing almost conforming lots. Mr. Coston: Your time has expired. Madam Clerk, do we have any speakers for this item? Clerk: Yes. We have one speaker—Johnny McCoy. Mr. McCoy: Good afternoon, ladies and gentlemen. My name is Johnny McCoy. I live directly across the property in question on Rudy Avenue. A little background on myself I have a Class A general contractor's license. I built some 28 residential dwellings in Tidewater over my 50-year career. I know the ins and outs of development in existing neighborhoods. One thing about Rudy Avenue is it leaves Norfolk Avenue for about a mile. About halfway down, it bottlenecks and becomes very narrow. What I have seen in my 38 years there is a large increase in pedestrians: people walking their dogs,people pushing baby carriages,people riding bikes,skateboards. When they get to this bottleneck area, currently if two cars are coming towards each other and there is a pedestrian, one of them has to stop to let the other one pass so they can go around the pedestrian. When this happens in the dark, and I know this firsthand, when I'm heading north on Rudy in the dark and a car approaches me from the south, I'm blinded. I have to stop in fear of hitting the pedestrian. Years ago, there were builders popping up houses all over Shadowlawn. The neighbors got together and approached City Council. There was a big meeting in City Council chambers, and subsequently City Council changed the zoning as he stated. They cut out building on the 30-foot narrow lots. Lots then had to be 50 foot and they had to meet the setbacks. There was no more subdividing lots. However,there was a deadline for existing owners to subdivide their lots legally and record them at City Hall. That deadline was some 60 to 90 days after the meeting. To my knowledge,this property was not subdivided. I personally knew Bobby Pallett, the owner, a very close friend of mine. I don't believe he subdivided the property. The deadline ended the rush of builders coming into our neighborhood,and we were very happy about that. Favoring this variance would undermine what City Council did for our neighbors some 20 years ago. The attorney listed some precedents, and we contend that's not true. The precedents don't count in this position. This corner lot is unique. I'll give you a picture to explain later. There's a fire hydrant on this corner lot. The intersection of Kennedy Avenue and Rudy is the last place you can turn to avoid a dead-end street. Rudy continues on from Kennedy Avenue for one block,makes a hard left turn,becomes Close Avenue for another block. Again,this is the only place you can turn around to avoid that area. Trash collection and recycle trucks all have to back into this intersection and back all the way up to the end of Rudy Avenue around the corner to pick up trash on those two blocks. I personally spoke to the trash collection drivers. They oppose anything that would cause more on-street parking on this corner. I also talked to the school bus driver, and she feels the same way. I don't think it needs to be said how this could hinder problems with fire and rescue with respect to parking. As we have one house on this corner right now and parking for nine cars, and remember in the picture I sent you, what he's proposing is to put up two houses with parking for four cars. That is definitely going to be a problem. Aesthetics and architecture do not go along with what's in the neighborhood. What he's proposing to put up, what you will see from Rudy Avenue, is a 30-foot vinyl wall with three windows stuck in it randomly. Those plans do not go along with the neighborhood. One of my neighbors passed this on to me. I know you've seen this before, but the basis for a variance can only be granted if the applicant proves specific criteria, such as a unique hardship. There is no hardship on this property. The hardship makes reasonable use of the property impossible without the variance, not so. The variance will harm public welfare and alter neighborhood character. The applicant does not face a unique hardship. If so,the hardship is self- created. He bought this lot to build two houses on it. It wasn't zoned to build two houses on it. He knew it. He bought it anyway. I know this firsthand because I spoke with the builder two weeks before he closed on the property. The variance does in fact harm public welfare: increased traffic, noise, privacy concerns, incompatibility with neighborhood character. Above all, the variance violates the intent of the zoning ordinance the City Council passed. If you take a look at the picture that I gave you,this picture was taken from my front yard two days ago. This is from my front yard directly across the street. You'll see parking for six cars in that driveway. In the front of the house,there's three more. The neighbor that moved in there is renting from the builder currently. You see one,two,three cars parked in the nine-car parking area. They also have another car, a little purple SUV, parked probably in an illegal spot directly in front of the fire hydrant. Behind that SUV you'll see a van. Behind that van are two more cars. What this represents is all of our overflow parking from my house, all through a block down Rudy Avenue and a block down Close Avenue. That's the only overflow parking we have. If they put more people on this corner,where are we going to park? That said,we as the neighbors of Shadowlawn urge you not to recommend the variance and undermine what City Council did for the neighbors of Shadowlawn years ago. Thank you. Mr. Plumlee: Sir, I'm curious to know if you met with or had time to meet with this applicant to ask them the deeply important questions that you've presented us today. Mr.McCoy: I ran into the applicant two weeks prior to his closing. I didn't know at the time that he was buying it. We thought someone else was buying it. I think they backed out because of zoning and he stepped in and bought it. That's what I believe. He can correct me on that. I did explain to him that the neighbors did not want it. Furthermore, after he closed on it, I did meet with him in the street. One of my recommendations to him was that he meet with the neighbors prior to coming to Planning and present us a plan that we could all possibly live with. He chose not to do that. I know the builder and he's a friend. Mr. Plumee: We were presented Monday at five o'clock with a five-page write-up about the history of this law. Have you seen that write-up, sir? Mr. McCoy: I have not,but I know a lot about the history though. Mr. Plumlee: You mentioned precedence about the sizes of these lots and the development of this neighborhood. Can you spend a little more time being more specific on why you believe this goes against the architectural characteristic of this neighborhood? Mr. McCoy: I've looked at his plans, and from what you'll see on Rudy Avenue like I stated earlier is a two-story vinyl wall. I believe there were three windows in it. That is the plan that Mr. Trebilcock showed me and my neighbors. Ms. Schoonover: I'm a little confused because I'm getting some conflicting information. I'm the representative of that district, so I'm sorry. I spoke with the civic league president yesterday. He was telling me that there was a concern in the neighborhood that everybody was chopping up their pieces of property into two by right, and that they were making an effort to try to prevent this by maybe trying to block some of the properties that might have to have a variance of some variety in order to do it. Are you saying that nobody else is continuing to subdivide their property, that this is all stopped except for this variance we're hearing here? Mr. McCoy: Can you shorten the question a little? Ms. Schoonover: I was told that there is concern by the neighbors that too many people are subdividing their property by right and that the people want to stop this because it's changing the neighborhood, and that they wanted to try to prevent this by stopping a request like this that's asking for a variance. You're telling me that nobody's allowed to do that anymore, but the civic league president is telling me that people are upset that everybody is doing this. I'm trying to figure out what's accurate here. Are people subdividing by right and this is also a variance, or are people not subdividing by right anymore? Mr. McCoy: Everybody as far as I know, I'm talking about lands in Shadowlawn, I think is considered part of Shadowlawn, none of those signed the letter that you got, by the way. Those are close neighbors, but I've talked to a lot of people in Shadowlawn. Nobody wants anything passed to put more people in Shadowlawn. We are flooded with traffic,parking,pedestrians. It's overwhelming. Ms. Schoonover: But the part I am trying to figure out is, and maybe somebody in the room can clarify this, I'm being told by other people that people are subdividing their property in the neighborhood by right, and you're saying they're not even allowed to do that anymore. I'm trying to figure out which is accurate. Mr. McCoy: There are properties, there's more houses coming, and there's nothing we can do about that. Those properties were legally subdivided by the deadline City Council imposed. For example,the one directly across the street from this house, I believe they were legally subdivided. I don't believe they'll be in front of you to build two houses. I believe they've already conformed. So, if that happens,now you've got four houses on this corner. It's going crazy. Ms.Schoonover: I'm trying to figure out how I justify saying no to this applicant when he's asking for something that everybody else is doing by right. A couple of feet doesn't seem that dramatic. I'm getting told two different things. I'm just not sure how to interpret this. Mr. McCoy: It's my understanding this properly is not zoned for two houses. It was never subdivided. Ms. Schoonover: One of the things that was happening was that people were trying to build these little 30-foot lots and it was a disaster. To stop it,they said let's do 50 feet. That was the way they were trying to beat that whole 30-foot thing back. Everybody is subdividing their lots by right, and this one is just a couple of feet off. I'm trying to figure out how I justify saying no to them if they're doing what is essentially the same thing as everybody else is doing by right. But you're saying nobody else is subdividing. I'm trying to figure out what's happening because either everybody's subdividing or nobody's subdividing anymore. Mr. McCoy: In my mind,personally, as a builder,there are side setbacks, front setbacks, and on the corner there's more setback. Why does he get a variance so that he can build another house? What makes him so special? This is not a matter of saying yes. This is just upholding the ordinance. Ms. Schoonover: From what I'm understanding, this is an sort of exceptional requirement in this neighborhood alone that seems odd in the first place,that for whatever reason in Shadowlawn only they're requiring these extra few feet,but this particular lot is. I'm just not sure how I justify saying no. I really would love to get clarification from somebody who could verify the legality of what's been going on here, whether other people are still being allowed to subdivide or not, because I'm hearing two different things. Mr.McCoy: Other people are not, as far as I know. They're not able to subdivide. That date has come and gone. If you didn't subdivide years ago per City Council, you couldn't subdivide after that date. Ms. Schoonover: Then exactly what is it that you're concerned about that's happening in the neighborhood with all these subdivisions? If it's not happening anywhere else, I'm confused as to what exactly we're trying to stop that's happening all over the neighborhood if this is one unusual thing that's happening but it's not happening anywhere else. Mr. McCoy: We're trying to stop changing the neighborhood. We are trying to stop houses from popping up all over the neighborhood. Ms. Schoonover: I think I might need to ask staff some questions for this later. Thank you so much. I'm sorry to have made that so complicated. Anything else? Thank you. Mr. Coston: Mr. Bourdon,you have three minutes. Mr. Bourdon: I think the gentleman is confused and in error. There has never been any action by City Council to restrict any property owner in Shadowlawn from re-subdividing their already subdivided properties into lots that conform with the dimensional requirements of what is now R- 5S, which is 50-foot wide lots with 100 feet of depth and 5,000 square feet of lot area. That is exactly what has been happening in Shadowlawn since the 1970s. Only during the period from '83 to '92 was there a restriction that you couldn't build on any non-conforming lot that wasn't separately owned as of 1983 that wasn't 50 feet wide, but you could create one that was not and the rest had to meet the requirements. From'92 to 2002, it went back to you can resubdivide your property, they all have to meet the requirements of the ordinance. There is no prohibition at all. It is a hardship to suggest that somebody with 10,500 square feet and 105 feet of frontage can't create a 50 and a 55-foot wide lot. No variances for any setback whatsoever. It meets all the setback requirements of the Zoning Ordinance. That confiscation would be unreasonable. Unlike close to 400 lots in a neighborhood, you can build anything they want. This 55-foot lot with the same buildable area has to comply with the guidelines for Shadowlawn, which were adopted in 1992 for the non-conforming lots, not for conforming lots. Non-conforming being a house on a 35-foot wide lot with smaller setbacks,and that's not involved here whatsoever. There is clearly a hardship and it's a confiscation. I've given you copies of two subdivision plats: 55- foot wide lots on the corner, 50-foot lot, one in 2011, one in 2018, approved by City Council, the 55-foot corner lot variances in 2009 and 2011. The corner lots in this neighborhood: 51 corner lots: 27 are 55 feet wide, 4 are 50 feet wide, and 15 are less than 50 feet wide. I don't think there is any 60-foot wide lot in the neighborhood. Mr. Coston: I believe we have a question for you from Commissioner Plumlee. Mr. Plumlee: Thank you, Mr. Chair. I think at some point Mr. Bourdon was going to get to the answer to my question: Hardship, and that where you have to be plain and clear. You're saying the dimensions required under our ordinance are met on the parcel. Is that fair or unfair? Mr. Bourdon: My argument from the 30,000-foot perspective is that based on 502(e),these lots, and based on the four to five corner lots that were approved, one in '79 before 502(e) adoption, two between '83 and '92 with subsection 5(e) being in place, and one after subsection five was removed in 2002, all of those five corner lots, one being 50 feet wide, four being 55 feet wide, all of those were approved and the plats signed off on by the Planning Director and Public Works Director without a variance for those corner lots. Mr. Plumlee: You see that as precedence guiding us in some form or fashion? Mr. Bourdon: That is absolutely correct, coupled with the 2009 City Council approved variance for a corner lot identical to this and the 2011 City Council approved variance for a corner lot identical to this that I've passed around copies of the recorded re-subdivision plats of those properties, one recorded in 2018, and I didn't keep a copy but the answers of all of those are precedents. Mr. Plumlee: Thank you. Ms. Hippen: Mr. Bourdon,make sure that it is clear. Are you asking for any variance on any of the setbacks on any of this? Mr. Bourdon: Absolutely not. The house on the corner will be set back 15 feet from the side corner adjacent, five feet on the interior,20 in the front,and 20 in the back—meets every setback requirement, and the building size is identical to any interior lot in Shadow Lawn on a conforming 50-foot by 100-foot lot. Ms. Camp: I have a couple of questions. I read your 40-some page legal memo last night and I appreciate it. I wish, I would have gotten it earlier, but nonetheless you put a great deal of effort into explaining your client's position. It's a lot to absorb, as we've seen through some of the discussion today. Like Commissioner Plumlee, I'm going to ask you to help me with some plain language and brevity here. If I understand this, you're actually making multiple arguments. One of them,I think you're saying, is the subdivision variance doesn't apply. A second one is there.are certain precedents out there that whether it applies or not, the city would be inconsistent if it decided otherwise. On your client, is that generally where you're coming from on this? Mr. Bourdon: What I'm unfortunately saying is that we're here seeking a subdivision variance because that's what we have been told is necessary. My first argument is that this is an interpretation that in 2009 and 2011, I did not discuss because I hadn't done the research. I'm just pointing out the fact that that was never the intent of 502(e),and 502(e)is the only reason I'm here. Mr. Camp: I am going to go to 502(e),just take baby steps with me. Mr. Bourdon: As far as the variance, what I'm saying is that the character of the neighborhood by the statistics I've provided is clear and unequivocal that the overwhelming majority of the lots are 50 feet wide. Mr. Camp: If I'm reading this right, you're talking about a section of the code, the legislative intent, where you go into this whole thing about what they were trying to accomplish. Let me respectfully point out to you that two months ago in the West Neck decision, we had a situation with a whole lot more property, a thousand homes, an enormous section of the city down there. The legislative intent in the zoning code you can read today is that the city shall not enlarge or create any more PD-H2 districts,and City Council did so. I have to assume then that the legislative intent, rather than the hard body of the zoning code, is not necessarily what our City Council is holding as the standard. To the extent you're basing all of these other arguments on something that City Council just disregarded in a much bigger way two months ago, I can't give it the kind of weight that you're asking me to. With that established,do you have anything to say to the 29 letters that were received from the neighbors about specific objections or the testimony we heard today about specific objections that may not be legalistic in nature but deal with the use of the property in the way that your client would like to be able to use the property? Is there anything that would address their concerns about their neighborhood? Mr. Bourdon: My client will be developing each of these two lots with a single-family home on them. As was conditioned in the two applications I referred to and provided the subdivision plats on,the corner lot will meet the architectural guidelines for Shadowlawn that were adopted in 1992 and still remain in place, even with subsection five of 502(e) being removed it stayed in place. There are no architectural guidelines for Shadowlawn other than on lots that were non-conforming that were approved by variance, and that now will total if this approved 12. The rest of them can build any house with anything they want it to look like. This one will have to look like the guidelines spell out, and that was done with the Civic League back in 1992. The other ones that have been built, no one has complained about them because they're smaller, not as large. It will meet all the parking requirements and every other zoning requirement. We met with both of the houses built on these lots, which are the same size as the overwhelming majority. Well over 80 percent of the lots with 502(e) and with what's there, the percentage of small ones keeps getting smaller. Mr. Camp: Thank you for your time with me. Ms. Byler: Chair Coston, I have a question for staff, but I can wait until there's a motion and a second if you prefer and hold it under discussion. Mr. Coston: You can go ahead and ask. Ms.Byler: Director Warren, could you please address the two issues that I heard here, one raised by Commissioner Schoonover and the other raised by the speaker in opposition, regarding rooms for school,trash pickup, and emergency vehicles? Ms. Warren: I'm going to defer to our Deputy Director who is prepared to answer this. Deputy Director: So subdivisions in this neighborhood continue to happen, especially by right. If they are meeting the requirements of the Zoning Ordinance,you can still subdivide your property if you provide the right frontage, the right area. That continues to happen. When this application is submitted, we will work when the site plans are submitted. They will be routed to different departments to review for access. We haven't received any concerns based on this subdivision application from the Waste Management folks or from Fire, but they will have an opportunity to review whenever the single family plans come into our office. Ms. Byler: That happens at a later time? Deputy Director: Yes. Mr. Coston: If there are no further questions,the Chair would like to entertain a motion. Ms. Schoonover: I move that we approve this project. Ms. Moorjani: I can second it. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Commissioner Moorjani that we approve this item. Mr. Plumlee: I would like to be heard, Mr. Chairman. First of all, I want to thank Mr. Bourdon. I think he does an excellent job. This is not personal issues. When we need this level of historic recitation to understand the precedence or lack of it, depending on the remembrance of a few people, less than a handful of people in the city to know exactly what is an anomaly and what is not an anomaly, it is almost impossible for a landowner of ordinary knowledge to know their full rights. This is the very definition of Byzantine regulation when we get into this minutiae. The speaker for Shadowlawn said it's just a matter of upholding your zoning ordinance. I think what he's getting at is Shadowlawn had an architectural character of having wide corner lots and that's what we're doing away with now. From my perspective as a person who understands what we're doing with housing in Virginia Beach, I'm still going to vote for this because I have trouble with the logic of how we get there, but that doesn't mean I don't support what we're doing because we need development. I do want to stop and take note of these things. I'm not going to take every chance to re-litigate prior decisions of this Commission, but I want to take the opportunity when they come to speak up because we're not always, and he may live forever, he's going to outlive me,we may not always have Eddie Bourdon to send us 50-page memos two days before a hearing like this. I think it's important that we're putting this before the public and that they understand why we reach these decisions and that they're difficult decisions. Thank you for that opportunity. Mr. Coston: Madam Clerk, are we ready for the vote? Clerk: The vote is open. Ms. Schoonover: I just want to make a quick comment. I had spoken at length with the Shadowlawn Civic League president. It's my understanding that there has been an effort to try to prevent these subdivisions or rather resubdivisions, and I think there was a substantial hope that if they could stop anything that had a variance it might stop all of this. It's my understanding that there are very few homes left that could even be subdivided or resubdivided and require any kind of variance of this kind at all. I think there was something like four. I have given him my assurance that I was going to look into it and see how many homes would or would not qualify for this. I'm sorry because it sounds like there may be very little that anybody could do to stop these subdivisions because so much of it does seem to be by right. I want to make that comment that I do recognize that there is a concern. I'm just afraid that we can't really stop it, and based on what I'm seeing here, I can't justify such a very miniscule variance being required, especially when I look at these precedents that were provided to me today. I can't justify saying no to something that seems so minor and when everybody else is doing it by right. Clerk: Commissioner Plumlee? Mr. Plumlee: Yes. Clerk: By a recorded vote of 10 to 1, item 8, DS Investors, Incorporated, has been recommended for approval. Vote Tall Commission Member AYE 10 NAY 1 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions/Proffers 1. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Proposed Resubdivision of Lots 41, 43, 45, 47, & 49, Block 55, Shadow Lawn Heights" dated November 20, 2025, and prepared by WPL, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. When the lots are developed, the final building design must be reviewed and approved by the Comprehensive Planning Division for compatibility with the surrounding neighborhood in design and materials used during plan review. 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. To the Members of the Planning Committee, I am writing to express my opposition to the requested variance at 845 Kennedy Avenue, located at the corner of Kennedy Avenue and Rudee Avenue in my neighborhood. I am the direct neighbor on the east side of this property. My first question/point—what is the purpose of having setback requirement codes if the city isn't going to uphold them? I know.....it is only 5 ft here and there, but those 5 ft add up when they are continuously approved on properties in the neighborhood. Variance requests are supposed to relieve"unnecessary hardships"or"practical difficulties"caused by unique lot shapes or topographical issues, not self-imposed issues. This is a self-imposed issue—a developer bought the property expecting the city to approve the variance because there has been a precedent set by the city in approving these requests. They actually quote it in their application—the number of approved variances. The city needs to stop this precedent by denying requests or changing the code. My second point—there are several properties that already do not meet the setback requirements near this specific property. For example, 831 Kennedy Ave -45 ft wide lot. Also, 26 and 28 Rudee Ave(across the street at the end of Kennedy Ave)are 2 skinny houses. I know they are not allowed anymore, but I'm pointing it out because they still exist there. I've included pictures below for spatial awareness and to illustrate my point. I understand the need for change and building something new,that's great if it meets the city's requirements. But there has been a precedent set by the city that it will approve variance requests from builders, and I think that is being abused. Shadowlawn is a beautiful neighborhood. There are small narrow roads, lots of vehicles and even more pedestrian traffic. This corner gets all that traffic. It is the turnaround point for everyone because the next street is a dead-end. There are vehicles already parked on the side of a very narrow street and now someone—a builder who does not live here -wants to add another house. What are people supposed to do? I wish you all could see how the school bus struggles to make the turn or how the trash truck must turn around and back into the neighborhood to simply get the trash. Traffic flow, fire hydrants, emergency vehicle access, flooding/drainage—hows the city plan to handle that? By approving these variance requests the problems are becoming worse without proper resolutions. Continued approvals that ignore basic zoning codes and standards only encourage more teardowns and higher density projects that are incompatible with the existing neighborhood layout. For these reasons, I respectfully. request the Planning Committee to deny this variance request, enforce the standards, and consider the impact these decisions have on established communities like ours. Thank you for your time and consideration. Sincerely, Ann M. Peters Shadowlawn Property Owner& Resident re ;-Wind Atr C Heat ' 845 Kennedy- requested variance , QV� W- 831 Kennedy and 26 & 28 Rudee— OV not complying with setback requirements 4 a. ` ,r 26 & 28 Rudee— 845 Kennedy— skinny houses requested variance 831 Kennedy— 5 ft variance= 45 ft wide lot -�„ From: Planning Administration To: Aubrey A.Trebilcock Subject: FW: Opposition to Variance Request—845 Kennedy Avenue Date: Tuesday, March 10,2026 4:31:02 PM Attachments: imaoe001.ono Hi Aubrey, I hope your day is going well. Please see the below email regarding 845 Kennedy Avenue. Have a great day, Alexis Bailey (she/her) DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Planner I, Planning Administration Division 0: (757) 385-8745 1 alebailey@vbgov.com https:://planning,virginiabeach.govi 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 CITY €F 1RGINIA BEACH From: Elizabeth Nogle<elizabeth.nogle@gmail.com> Sent:Tuesday, March 10, 2026 4:17 PM To: Planning Administration <PlanAdmn@vbgov.com> Subject: Opposition to Variance Request—845 Kennedy Avenue 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 Members of the Planning Committee, I am writing to express my opposition to the requested variance at 845 Kennedy Avenue, located at the corner of Kennedy Avenue and Rudee Avenue in my neighborhood. Rudee Avenue is a heavily trafficked and extremely narrow roadway. Because of this,the existing city setback requirements are particularly important for maintaining visibility and safe traffic flow at this intersection. Maintaining the required setback at this corner lot is essential for the safety of drivers navigating the intersection. In addition to vehicle traffic, our neighborhood experiences above-average pedestrian and bicycle activity. Many residents walk,run,bike, and push strollers along Rudee and Kennedy daily as part of their regular routes to the beach and surrounding neighborhoods. Reduced setbacks at this intersection would further limit sightlines for drivers and create additional safety risks for pedestrians and cyclists who already share these narrow streets. Beyond the immediate safety concerns, I am deeply troubled by the precedent that approving this request would set. Increasingly, developers are coming into our neighborhood,purchasing single-family homes,tearing them down, and replacing them with multi-unit developments ranging from two to as many as twenty-six units. This pattern of redevelopment is already altering the character of our community and placing additional strain on roads,parking, drainage, and infrastructure that were never designed to accommodate this level of density. Allowing variances that further reduce setbacks only accelerates this trend. These decisions may seem small in isolation, but collectively they are enabling development that is detrimentally—and irreversibly—.changing the nature of our neighborhood. Continued approvals that erode basic zoning standards will only encourage more speculative teardowns and higher-density projects that are incompatible with the existing neighborhood layout. For these reasons, I respectfully urge the Planning Committee to deny this variance request and to consider the cumulative impact these decisions are having on established residential communities like ours. Thank you for your time and consideration. Sincerely, Elizabeth Nogle From: Planning Administration To: Aubrey A.Trebilcock Subject: FW: Planning Commission March 11—845 Kennedy Ave Subdivision Variance Date: Monday,March 9,2026 4:15:19 PM Attachments: imaoe001.Dna Hi Aubrey, I hope you are doing well. Please see the below email regarding 845 Kennedy Avenue. Have a great day, Alexis Bailey (she/her) DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Planner I, Planning Administration Division 0: (757) 385-8745 1 alebaileyC@vbgov.com https://planning.virginiabeach.gov/ 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 }TY OF VIRGINIA BEACH From:J Mar<j5522100@gmail.com> Sent: Monday, March 9, 2026 4:12 PM To: Planning Administration <PlanAdmn@vbgov.com> Subject: Planning Commission March 11—845 Kennedy Ave Subdivision Variance CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, I am writing regarding the subdivision variance request for 845 Kennedy Avenue scheduled for the March 11 Planning Commission meeting. I would appreciate clarification on the following items: ? Why does the property need an increased corner lot width? If approved,won't this undermine the ordinance in place for corner lots? ? Will approving the variance set a precedent for similar reductions on other corner lots in the Shadowlawn neighborhood? Will other corner lots in the neighborhood be able to request the same? ? What hardship is justified by this variance? If the lot cannot meet the existing standard than maybe it should not be divided. Please consider the precedence this sets for the neighborhood. Please include this comment in the official record for the March 11 hearing. Thank you. Janelle Martin 700 Rudee Avenue Virginia Beach,VA 23451 From: Theresa A. Holleran To: Aubrey A.Trebilcock Cc: Tony D.Tolentino Subject: FW: Public Comment/Opposition for Hearing on 3/11/2026-845 Kennedy Ave. Date: Tuesday,March 10,2026 4:35:34 PM Attachments: image001.ono Think this one is yours... Thanks. Theresa Holleran PLANNING & COMMUNITY DEVELOPMENT Development Services Center (757) 385-5655 1 thollera@VBgov.com Planning.VirginiaBeach.gov Building 3 -Municipal Center 2403 Courthouse Drive Virginia Beach, Virginia 23456 VIRGINIA BEACH From: Monique Werby<monique.werby@gmail.com> Sent:Tuesday, March 10, 2026 4:13 PM To: Kathy M. Warren <KMWarren@vbgov.com>;Theresa A. Holleran <THollera@vbgov.com> Subject: Public Comment/Opposition for Hearing on 3/11/2026-845 Kennedy Ave. CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms.Warren, Ms. Holleran, and the Members of the Planning Committee, I oppose the requested variance at 845 Kennedy Avenue in my neighborhood. This property sits at the corner of Kennedy and Rudee. Rudee Avenue is a heavily trafficked and very narrow road. I do not think the surroundings are appropriate for this variance, and have included photos taken today, March 10, 2026. One shows the corner of the property and the other shows a trailer parked a few blocks down on Rudee Avenue.They illustrate just how narrow the roadway is,and therefore how important it is to maintain the city's setback at this corner lot. KirNNI t I SEE . �.�—r ` ,�,�; :`fir: 'yam• ` n"ll lie' mull J urn '); }. • ��bX '� f p `r j/ NO y 1 s ,, a tea.: ,ram r b Al py ........... is SHADOWLAWN NEIGHBORHOOD OPPOSITION PACKET Subdivision Variance Request - 854 Kennedy Avenue - GPIN 2417916204000 Section 4.4(1): Request for Additional 10 Feet of Lot Width for Corner Lot Submitted by The Undersigned Residents of Shadowlawn Virginia Beach, Virginia 23451 Submitted to Virginia Beach Planning Commission CC: Virginia Beach City Council Submission Date May 06, 2026 Contents Collective Opposition Letter Copy to Virginia Beach City Council Signature Pages (36 Neighbor Capacity) Shadowlawn Opposition Packet - GPIN 241791620400 Copy: Virginia Beach City Council Date: May 05, 2026 Virginia Beach City Council Municipal Center - Building 1 Virginia Beach, VA 23456 Re: Copy of Opposition to Subdivision Variance Request - GPIN 2417916204000. — 854 Kennedy Avenue Honorable Members of City Council: Please accept this copy of the collective opposition letter submitted to the Planning Commission regarding the variance request for GPIN 2417916204000 — 854 Kennedy Avenue. As residents of Shadowlawn, we believe the requested variance conflicts with the intent of the zoning ordinance and poses safety and compatibility concerns for our neighborhood. We appreciate your attention to this matter and your continued commitment to responsible land-use decisions in Virginia Beach. Respectfully, The Undersigned Residents of Shadowlawn Signature Page— Shadowlawn Opposition Packet Name: L, 1 Address:-SD I �1 Signature: Date: hO Name: Te-VQf Address: Signature: . Date: '3-1 3� Name: Address: 911 Signature: _ Date: Name: Address: D Signature: C�Date: Name: Name: Address: Signature Page — Shadowlawn Opposition Packet Name: -3Usm Address: l 0q 061dsb©f Q Aveou6 V r loo- Aeocl-l- Signature: S � Date: 17- ,26Z6 Name: (7" c(©J ), Address: q/ Signature: -- Date: 20- l Name: 4f Address:_ Signature: � � Date: bSS Cf Name: Address: �oli Nye, Signature: Date: Name: Address: Signature Page— Shadowiawn Opposition Packet Address: `. A 6z V dU t A3� Signatu e: Cl,„Q Ct� �lk,.Ilo Date: �- _ Q C� _ Name: C�R OL �j��'11 !�t� �,5 T Address: _ ��{ Cp5�3o��'� (�o£. Signature: �O/j a 1"I'Luj Date: Q y 6 a o q Name: Address: 6-61iDS6b(LU A - Signature: -- Date: Name: r < <u Address: 3 y ) ct Aj Signature: Date: Name: Address: Signature Page Shadowlawn Opposition Packet Name: A/ 6t 1 C., ( , .- Address: l I I -e Ave,I., Signature: Date: 2-0 a� Name: ar�jo-��. � Address: _1 Signature: 6cktt 0-� aca� ) Date: 2(;, Name: Address: P Signature: 4 Date: Z(� Name: Address: [�(�, C,► c �j�,C c v� �, Signature: '?, Date: 3/g�Za LG, Name: Address: Signature Page — Shadowlawn Opposition Packet Name: AZ'0n) nO&Ja Address• .- j �a Signatur-er-._- Date: Name: i r6t C Ko p ry w s 1-t Address: (Q C -�r�IA �— ��Signature: Date: )I Name: b n i e I -C r Address: 1 Signature Date: Name ! Ctf'l l Co✓I G� S !c '� / Address: �� 4Lt4l M Signature: Date: I U� Name: Address: Signature Page — Shadowlawn Opposition Packet Name: -jLl - , Address: ..121 A\j e - Signature:_ P", Date: -siq luo Name: COk�?,� �\AYMtt Address: %0 � C)tkowfw(?- Signature: J�,a PA A Date: 3 I WD Name: Address: Signature: . Date: Name: U(Ls Address: . (x Signature: (,4 A Date: Name: Address: Signature Page— Shadowlawn Opposition Packet Name: LOCCK G: i�•Q�t 'I Address: '��, S L o l J SU GA/ &Z, Signature: c — {CC Date: -V 1 `Z(, Name: Address: Signature: Date: (I i f Name: Pe4e-r 5 Address: ✓e Signature: '-/14 Date: Name: Address: Signature: Date: Name: Address: Signature Page --Shadowlawn Opposition Packet Name: < < , Address: dC,'is cL V3 V Signature: Date: Name: Address: Signature: Date: Name: Address: Signature: Date: Name: Address: Signature: Date: Name: Address: Signature Page -- Shadowlawn Opposition Packet Name: Address: � Signature Date: ��.� ? 1 Name: Address; Signature: Date: (� Name: A L -� �(Za,�w�e L. Address: 3Z 7�cin_ Signature: -�<I' dQ t Date: Name: Address: Signature: Date: Name: Address: B2 ,L,N 26A 82 TrO& B2 R 7.5— ..._. g�R SI p NFL , ON tn� OZ B2 B2 B2 R7.5 SENTARA WAY DRIVERS'WORL'D WAY PRESIDENTIAL BLVD B2 R75 ® site Winner's Properties, LLC Zoning 3700 & 3736 Sentara Way ~ Property Polygons Feet 0 65 130 260 390 520 Mao created by Plannina Department on 5/15/2026 �u ems` Y F u :SL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WINNER'S PROPERTIES, LLC [Applicant] WINNER'S PROPERTIES, LLC & EVERGREEN VIRGINIA, LLC [Property Owners] Modification of Conditions to a Conditional Use Permit for the property located at 3700 & 3736 Sentara Way (GPIN 1487523853 & 1487428775). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: June 16, 2026 ■ Background: A Conditional Use Permit for Motor Vehicle Sales, Service, and Rentals was approved by the City Council in 1979, and subsequently modified in 2002, 2004, 2012, 2022, and 2025. The applicant is seeking a Modification of Conditions to alter the concept plan associated with the 2025 Modification to relocate the proposed car wash to the west side of the parking lot at 3736 Sentara Way to improve on-site traffic flow and overall site functionality. The proposed automated car wash will have a maximum building height of 16 feet, and the building materials and colors proposed for the additions are consistent with the existing buildings on- site. All other improvements proposed with the 2025 approval remain unchanged, except that the overall construction is now proposed to be completed in three phases rather than two. In addition to the proposed building additions, an additional 215 parking spaces are proposed to be added over the three phases, including 56 for customer, employee, and service parking and 159 for vehicle display. Additionally, the applicant will provide a buffer along the west property line to include a privacy fence and evergreen trees to buffer the proposed car wash from the adjacent assisted living facility. ■ Considerations: While the Comprehensive Plan recommends office use in this area, the proposed development corresponds with the existing pattern of development on the site, which was initially approved by the City Council in 1979. Following the approval of the 2025 Modification of Conditions, zoning staff conducted a site inspection to ensure compliance with the 2025 approved conditions. During that inspection, it was noted that vehicle inventory was being parked on the vacant, undeveloped lot at 3726 Sentara Way. As such, a Notice of Violation was issued to the property owner on December 18, 2025, for failure to adhere to the conditions of the Conditional Use Permit. The complaint was fully resolved in April of 2026 when all vehicles were removed from the site. Winner's Properties, LLC Page 2 of 6 While staff did not receive any opposition to this request, the Planning Commission recommended an additional condition in response to conversations with the public to require the installation of a 6-foot-tall chain link fence with dark mesh along the Sentara Way frontage while there is an active site permit, building permit, or other similar permit in order to screen the construction area. The fence is to be removed at the completion of construction. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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. Conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the following: a. The submitted plan entitled "Hyundai Building Addition — Concept Plan," dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development; and b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis — Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of all existing and proposed buildings shall be in substantial conformance with the following: a. The car wash shall be in substantial conformance with the submitted elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE BUILDING CHECKERED FLAG HYUNDAI," dated April 21, 2026, and prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. b. Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai World — Floor Plan — Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Winner's Properties, LLC Page 3 of 6 Virginia Beach City Council and is on file in the Department of Planning and Community Development. c. The design, materials, and color scheme of the overall dealership shall be in substantial conformance with the submitted elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE BUILDING CHECKERED FLAG HYUNDAI", prepared by Covington Hendrix Anderson Architects, dated June 03, 2024, which were approved by the Virginia Beach City Council on February 24, 2025, and the building elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects, dated July 01, 2013, which were approved by the Virginia Beach City Council on November 12, 2013, all of which is on file in the Department of Planning and Community Development. 4. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the following: a. The submitted plan entitled "Hyundai Building Addition — Concept Plan," dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development; and b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis — Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide; and c. A continuous landscape berm shall be installed and maintained along the entire frontage of Sentara Way adjacent to the subject property. Said berm shall include increased landscaping to include a mixture of evergreen trees and evergreen shrubs to adequately screen the site from the public right-of-way. A revised landscape plan shall be submitted at the time of site plan review showing the improved landscaping along the Sentara Way right-of-way that will be subject to the review and approval of the Planning Director. 5. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right- of-way without written permission from the City or State, as applicable. Winner's Properties, LLC Page 4 of 6 6. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 7. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 8. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 9. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 10.No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 11.Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: a. The framework shall be on noncombustible construction. b. The fabric shall be flame resistant. c. The structures shall meet wind load requirements in the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 12.No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. Winner's Properties, LLC Page 5 of 6 13.All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and four raised platforms within the interior parking lot for vehicle display as noted on the submitted exhibit entitled "Raised Vehicle Platform Location Sketch", dated May 4, 2026, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 13. 14.All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 15.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 16.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 17.Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 P.M. 18.All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center or car wash building. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 20.The use of an outdoor amplified speaker or paging system shall be prohibited. The use of a vehicle's emergency alarm shall not be employed to assist in locating a vehicle on the lot. 21.On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above and shall be limited to the standard hours of operation of 7:00 a.m. and 10: 00 p.m. The Winner's Properties, LLC Page 6 of 6 loading and unloading of vehicles within the public rights-of-way shall be prohibited. 22.On-street employee parking shall be prohibited 23.Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right- of-way. 24.At the time of site plan submittal, the applicant shall explore the possibility of incorporating an aerator fountain into the design of the proposed stormwater management facility. 25.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. 26.While there are active site, building, or other similar permits, a 6-foot-tall chain link fence with dark mesh fabric shall be installed and maintained along the Sentara Way frontage to screen the construction area from the right-of-way and adjacent property owners. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters to Adjacent Property Owners Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: ftp Agenda Item 10 A•• Properties, V_B Property Owners: Winner's Properties, LLC & Evergreen Virginia, LLC ' • • ' . CouncilCity i- Project Details Request Modification of Conditions (Motor Vehicle Sales and Rentals) a,� o �"""�°" 1 cy i i I W ' I Staff Recommendation A C1L Approval 27" 0 NINEY O 1 } 4 A � t L. 111111�� BOYD RD - Staff Planner c 1122 / T RILBER ST Alexis Bailey om 26y WAYNE ST OP TNAI_IA U, T IACE DR F 'C BARRYST 1. DRIVERS n 9m PALACE I WORLD.WAY ; G Z CONTINENTAL ST Location EtITW00�0 GATEVIY t�LC BE A WAY NTLEY S r 4R FQ OZ A P -HESTER ST 3700 & 3736 Sentara Way a CRES PL SPRUCECIR F�GATE WAY MAVERICK Z A J n ST O GP/N ..=P SOUII48L Z,D N NN. y 0. yn C. nnn 1487523853 & 1487428775 o o m S DR s R y m 9F 5 O SOR. �P Zp m ,O .x Site Size QOO`'PENyBLVD O� 0 2 C Gt MELINDAPL CZ �p,M Y O ALGONOUIN VICTORIADR V G 14.78 square feet CUM9ERLANO PKW COLOWNIIAL L�Z ` CIPK S PLAZA T RL AICUZ Less than 65 dB DNL Watershed Chesapeake Bay c4m; tip_ m AIM •�"" BLOYD RD Existing Land Use and Zoning District Z! Car dealership / B-2 Community Business _ „ 26 IL £ R i Surrounding Land Uses and Zoning Districts m r 1 a North • r-""' , r },Yn. #i N DRIVERS. 1-264 SENTARA WAY. , WOR, L�WPC �p ytx o Wooded Lot/ R-7.5 Residential i y - [� ` BLVD { �' South �� t Z�9E%LEY,j < R CE CIR w > }� S F h Ct1ETE SPQRpr?cE w r :ST Sentara Way 1 LVD In ^T .,SOUTN "gt' a w�i OONNAIy0 cl Single-family dwellings, office/ R-7.5 Residential, B- � - .i� r 2 Community Business East Self-Storage Facility/ B-2 Community Business West Medical Facility/ R-7.5 Residential Winner's Properties, LLC Agenda Item 10 page 1 of 29 Background SummaryofProposal • The 14.78-acre site, which is located in the Rosemont Strategic Growth Area (SGA) and zoned B-2 Community Business District, was granted a Conditional Use Permit for Motor Vehicle Sales, Service, and Rentals in 1979. Subsequent modification requests were approved by the City Council in 2002, 2004, 2013, 2022, and 2025 to expand the automobile service center, allow automotive repairs, and modify the site layout and building design. • The applicant is seeking a Modification of Conditions to alter the concept plan associated with the 2025 Modification of Conditions, specifically to relocate the proposed car wash to the west side of the parking lot at 3736 Sentara Way to improve on-site traffic flow and overall site functionality. • There are slight modifications to the overall dealership expansion plan approved in 2025, specifically related to the timing. While the expansion was originally anticipated to be done in two phases, the applicant now intends to make the improvements in three phases. o Phase I will include the construction of the 1,861 square-foot car wash. o Phase II includes a 13,464 square-foot addition to the western portion of the existing building, and a 1,694 square-foot addition to the southeastern portion of the service building. o Phase III includes an 8,871-square-foot addition to the northern portion of the existing building. o The overall expansion of the existing dealership will add a total of 215 parking spaces across the 3 phases, 56 of which will be designated for customers, employees, and service parking, and 159 of which will be for vehicle display. o The applicant is proposing the installation of fencing and landscaping directly adjacent to the proposed car wash. • The proposed automated car wash will have a maximum building height of 16 feet. The materials and colors proposed for both phases of expansion are consistent with the existing buildings on site. • The hours of operation will remain from 7:00 a.m. to 10:00 p.m., seven days per week. • Per Section 203(a)(16) of the Zoning Ordinance, automotive sales require 1 parking space per 900 square feet of floor area. The proposed building additions will result in an additional 25,902 square feet of floor area, requiring an additional 29 parking spaces. The entire site, including both the existing and proposed buildings, will require a total of 79 parking spaces, which can be accommodated on-site. Upon the completion of all three phases, a total of 801 parking spaces will be provided on site, the majority of which will be used for vehicle display and as such are not considered toward the required parking. • The site 3736 Sentara Way is located within the 100-foot Chesapeake Bay Preservation Area (CBPA) Resource Protection Area (RPA) and is subject to a CBPA Variance approved on May 23, 2011. The proposed Winner's Properties, LLC Agenda Item 10 page 2 of 29 development does not propose any increase in impervious area or further encroachment into the RPA beyond the 2011 approved variance. Winner's Properties, LLC Agenda Item 10 page 3 of 29 Zoning • 264 264 # Request MDC Approved 02/18/2025 BZ e MDC Approved 08/16/2022 Li 6p, I MDC Approved 11/12/2013 � Z t4 CUP(Automobile Repair) Approved 1 05/25/2004 CUP(Automotive Service Center) Approved 12/10/2002 CUP (Motor Vehicle Sales, Service, & Rentals) Approved 02/25/1997 6RIVERS WoR�P�� STC Approved 02/25/1997 R7 5 5 �------- N� MDC Approved 02/11/2014 CUP (Communications Tower) Approved �,SPRUCE -�R7.5 B2 09/13/2005 ccIR w-a SAY O 2 �==�i �pNN�AWp 8 -Zi REZ Approved 09/09/2003 U.T.N..--�- "W m gyp. �T Oa B2 B2— CUP (Motor Vehicle Sales and Service) Approved 09/09/2003 3 CUP (Truck and Trailer Rentals) Approved Application Types 07/02/2013 STC Approved 12/11/2012 CUP: MDP: Modification of Proffers STC Approved 04/24/2001 Conditional Use NON: Nonconforming Use Permit STC:Street Closure 4 STC Approved 04/24/2001 REZ: Rezoning FVR: Floodplain Variance CRZ (B-2 and R-7.5 to Conditional B-2) CRZ: ALT. Alternative Compliance Approved 12/05/2000 Conditional SVR:Subdivision Variance MDC Approved 12/13/2011 MDC Approved 08/25/1992 Rezoning LUP: Land Use Plan 5 MDC: STR:Short Term Renta CUP (Assisted Living& Nursing Homes) Modification of Approved 11/13/1990 Conditions 6 CUP (Auto Repair) Approved 11/23/2010 7 CRZ (0-2 to Conditional B-2) Approved 10/11/2005 8 CUP(Fuel Sales in Conjunction with a Convenience Store) Approved 05/23/2000 9 CUP (Automobile Repair Garage) Approved 10/27/1998 10 STC Approved 02/10/1998 CUP(Mini-Warehouse Expansion) Approved 11 08/26/1997 CUP(Mini-Warehouse Expansion) Approved 07/12/1994 12 REZ Approved 02/25/1997 Winner's Properties, LLC Agenda Item 10 page 4 of 29 Evaluation • • • The request for a Modification of Conditions to relocate the car wash is, in Staff's opinion, acceptable. While the Rosemont SGA Plan notes that this site should include a transition from an auto-oriented retail use to a mixed-use transit-oriented neighborhood center at higher densities, the proposed development corresponds with the existing pattern of development on the site, which was initially granted by the City Council in 1979. The proposed modern-style building, lot layout, and landscaping are in keeping with the existing dealership. Additionally, the applicant is proposing the installation of fencing and landscaping directly adjacent to the proposed car wash. Following the approval of the 2025 Modification of Conditions, zoning staff conducted a site inspection to ensure compliance with the 2025 approved conditions. During that inspection, it was noted that vehicle inventory was being parked on the vacant, undeveloped lot at 3726 Sentara Way. As such, a Notice of Violation was issued to the property owner on December 18, 2025, for failure to adhere to the conditions of the Conditional Use Permit. The complaint was fully resolved in April of 2026 when all vehicles were removed from the site. Based on the considerations described, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. Conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the following: a. The submitted plan entitled "Hyundai Building Addition —Concept Plan," dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development; and b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of all existing and proposed buildings shall be in substantial conformance with the following: Winner's Properties, LLC Agenda Item 10 page 5 of 29 a. The car wash shall be in substantial conformance with the submitted elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE BUILDING CHECKERED FLAG HYUNDAI," dated April 21, 2026, and prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. b. Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai World — Floor Plan — Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. c. The design, materials, and color scheme of the overall dealership shall be in substantial conformance with the submitted elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE BUILDING CHECKERED FLAG HYUNDAI", prepared by Covington Hendrix Anderson Architects, dated June 03, 2024, which were approved by the Virginia Beach City Council on February 24, 2025, and the building elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects, dated July 01, 2013, which were approved by the Virginia Beach City Council on November 12, 2013, all of which is on file in the Department of Planning and Community Development. 4. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the following: a. The submitted plan entitled "Hyundai Building Addition —Concept Plan," dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development; and b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide; and c. A continuous landscape berm shall be installed and maintained along the entire frontage of Sentara Way adjacent to the subject property. Said berm shall include increased landscaping to include a mixture of evergreen trees and evergreen shrubs to adequately screen the site from the public right-of-way. A revised landscape plan shall be submitted at the time of site plan Winner's Properties, LLC Agenda Item 10 page 6 of 29 review showing the improved landscaping along the Sentara Way right-of-way that will be subject to the review and approval of the Planning Director. 5. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 6. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 7. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 8. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 9. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 10. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 11. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: a. The framework shall be on noncombustible construction. b. The fabric shall be flame resistant. c. The structures shall meet wind load requirements in the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 12. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. Winner's Properties, LLC Agenda Item 10 page 7 of 29 13. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and four raised platforms within the interior parking lot for vehicle display as noted on the submitted exhibit entitled "Raised Vehicle Platform Location Sketch", dated May 4, 2026, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 13. 14. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 15. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 16. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 17. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center or car wash building. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 20. The use of an outdoor amplified speaker or paging system shall be prohibited. The use of a vehicle's emergency alarm shall not be employed to assist in locating a vehicle on the lot. 21. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above and shall be limited to the standard hours of operation of 7:00 a.m. and 10: 00 p.m. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 22. On-street employee parking shall be prohibited 23. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. Winner's Properties, LLC Agenda Item 10 page 8 of 29 24. At the time of site plan submittal, the applicant shall explore the possibility of incorporating an aerator fountain into the design of the proposed stormwater management facility. 25. 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. 26. While there are active site, building, or other similar permits, a 6-foot-tall chain link fence with dark mesh fabric shall be installed and maintained along the Sentara Way frontage to screen the construction area from the right-of-way and adiacent property owners. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous • • • from 125 Modification of • • • 1. Conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on August 16, 2022, and shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Hyundai Building Addition —Concept Plan" dated December 27, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be in substantial conformance with the submitted landscape plan entitled, "Hyundai Building Addition —Concept Plan," dated November 27, 2024, December 03, 2024, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Additionally, a continuous landscape berm shall be installed and maintained along the entire frontage of Sentara Way adjacent to the subject property. Said berm shall include increased landscaping to include a mixture of evergreen trees and evergreen shrubs to adequately screen the site from the public right-of-way. A revised landscape plan Winner's Properties, LLC Agenda Item 10 page 9 of 29 shall be submitted at the time of site plan review showing the improved landscaping along the Sentara Way right-of-way that will be subject to the review and approval of the Planning Director. 4. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 5. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 6. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 7. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 8. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 9. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word — Floor Plan —Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 10. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 11. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 12. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: Winner's Properties, LLC Agenda Item 10 page 10 of 29 a. The framework shall be on noncombustible construction. b. The fabric shall be flame resistant. c. The structures shall meet wind load requirements in the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 13. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 14. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis —Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 15. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 16. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 17. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19. All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. Winner's Properties, LLC Agenda Item 10 page 11 of 29 20. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 21. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 22. The use of an outdoor amplified speaker or paging system shall be prohibited. The use of a vehicle's emergency alarm shall not be employed to assist in locating a vehicle on the lot. 23. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 24. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 25. No motor vehicle shall be displayed for sale or rental within the first five (S) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 26. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 2S feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 27. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 28. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above and shall be limited to the standard hours of operation of 7:00 a.m. and 10: 00 p.m. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 30. On-street employee parking shall be prohibited Winner's Properties, LLC Agenda Item 10 page 12 of 29 31. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. 32. At the time of site plan submittal, the applicant shall explore the possibility of incorporating an aerator fountain into the design of the proposed stormwater management facility. Comprehensive Plan Information The project falls within the Rosemont Strategic Growth Area. Study Area Weaknesses identified by the public centered around transportation, such as "lack of adequate provisions for stormwater runoff," and this SGA is "car-oriented: parking lots and road travel lanes are prevailing land use" (p. 8, Rosemont SGA Master Plan). The Rosemont SGA Master Plan's Land Use Plan shows this property designated for office along Sentara Way with semi-public open space buffering the parking lot in the back (p. 35, Rosemont SGA Master Plan). The property falls within the Rosemont Road Redevelopment area, which designates this area as being appropriate for office and apartment redevelopment (p. 49, Rosemont SGA Master Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. A portion of the site is located in the Resource Protection Area (RPA) and subject to the previously approved Chesapeake Bay Preservation Area Board variance. 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 There is no change to the trip Sentara Way Unknown 9,900 ADT 1(LOS 4 "D") generation based on the modifications to the site plan included in this MOD application. There is no change to the trip South Rosemont 27, 500 ADT1 32,700 ADT 1(LOS 4 generation based on the Road "D") modifications to the site plan included in this MOD application. 1 Average Daily Trips 2As defined by an car 'As defined by a car 4LOS = Level of dealership dealership Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Winner's Properties, LLC Agenda Item 10 page 13 of 29 The site is located off Sentara Way, which connects to Rosemont Road at a signalized intersection. Sentara Way is a two-lane local street. S. Rosemont Road is a four-lane minor urban arterial roadway designated on the City's MTP to be improved to a six-lane divided arterial with a 165-foot right-of-way and a bikeway. There are no CIP projects on Rosemont Road or Sentara Way. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water The development must connect to city water. There is an existing 8-inch city water main along Sentara Way. Sewer The development must connect to city sanitary sewer. There is an existing 8-inch city sanitary sewer gravity main along Sentara Way and there is an existing 10-inch city sanitary sewer gravity main within the right of way adjacent to the western property line. Public Outreach Information Planning Commission • The applicant sent letters detailing the proposed request to adjacent property owners. • 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. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 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 June 1, 2026. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on June 12, 2026. Winner's Properties, LLC Agenda Item 10 page 14 of 29 HYUNDAI BUILDING - ADDITION - _ CONCEPT PLAN PREPARED FOR CHECKERED FLAG VIRGINIA BEACH.VIRGINIA rIWASWW' ! \ I rl D„, �p�.� � �� £• GYYi�y� � � ( 'nv nr .w»n.an wuw.r ro m.� r I � .. , dN't �.11�1� A� PMKING LEGERD `f, ......<.... ...........a....m llnn I • I - - --- \ DATE • 05104202f Kimley>>>Horn D �` E ,E E,H E - rD o UU O Ep fD Ln N fD O in fV lD CD Cl Elevations of Car Wash p�. ASH-SOM ELEVATION OS �I LL a = *U1 ©WXSH-WEST EIEVAAON W t�.af-AR WASH RI IIl fY.Nf..RnnR FLAN —/.l�'Ay WASH-NORTH E_EVAP.ON s= �i1..S y , e y f _ EXiVING CONDTIONS PHOTO p:AR WASH-EP.ST ELEVATION CAP .Q Winner's Properties, LLC Agenda Item 10 page 16 of 29 2025 Approved Elevations Z9KZ VINIONA"HOV39 VINI°OMA AVM VSVIN3SOOL9 i CV IV(3Nn.kH VIA (12NA 1D3H0 o ONIQI1tt8 3JIA83S 3Hi Ol NOISNVd7(3 Y SNOIIVAON3M 3 9 Q LAJ a � s t > !fill r I �L a ties �< M' II o a i Winner's Properties, LLC Agenda Item 10 page 17 of 29 2025 Approved Elevations ZSYEZ VINIObIA'HOV39 V1N1Va1A'.kVM V6VIN3S ODLE 1VGNnAH OV-1=1 (33MEIN031-10 ON01in9 K)MgS 3H1 01 NOISNVAX9 V SNOUVAON&I R ui R 0 cr 0- V 7jM fil i C) C. ty z 0 H ui 0 C, Q 7 (5 z -7 is 1 1 fill 11111 L if z 0 Z Ilk 0 0 TD:1 7 c 0 M ED Winner's Properties, LLC Agenda Item 10 page 18 of 29 2025 Approved Elevations ZStfZVINI°Jb1A'HJV3SYINIONA'AVMYbYMSOOLf I( x IVC]Nn.kH VIA O3N3NO3HD o ONI01Ul9 3JIAb3S 3Hi Ol NOISNVdX3 8 SNOIlYAON3bfil k $ Q tg# e LU >A - q CL > fe 1 k g w•t fill o ° s 0 d f o of z -_I 0 `> W Winner's Properties, LLC Agenda Item 10 page 19 of 29 2013 Approved Elevations L_ 13 Ef -w d ,►y Sb S i a 'sp �t F F 1 � � x J W J W W Y. 1( � W aZ ❑ W _ WO a YW V o € i =w o ! Vz Zo ❑ WJO o am_ W W MHO p, w JWW F- F �XQ TWO O Z Winner's Properties, LLC Agenda Item 10 page 20 of 29 Raised • , rms N 11.16 �tP�®r-i.z LyJ" 3Nn H31tlW LL3 I g �t48 wit b°�rF,�i��fY ✓t # it la � r dE= 11 % Iy '�1 z a y i s n!�ai SF¢' !1 yi NJ-- Si ."FY ait ei{i'I JU 6 ® 0 ® 9 /J ® td m tD yas iz ya: yyxa ..A :_ j�to 11 5 ti li} 171.31 ANN lih .11iY a{i � X 3 S Pr 0 ® O a 8 8 ® 7 M1 J, hh (p !ya � yR� ts1y i 6 P R 4 fit. H J J `.211 �� .,x-J�, •+� s _ _ 64 nl ffi1&ii'Y is 1# T.,in iYIF.)1.y CF i3.,11 6ii � � — 3N11 HD1Iv" �4 � 4 i �•�!��..�'ggq�y. �u� {////) /J r l•T k V / ti 4 j 'g1a3 _ ui ap�f I � 1 I 4 as 'I s 1 111 I s ', 10- r ey 1 gig — _ 7 Q 0 ix �D� Fib C• 15 ! fit Winner's Properties, LLC Agenda Item 10 page 21 of 29 Site Photos ~Y ------------ e§ y i r S ._ - r, — �1' :••M act.-.�t�j4'�i`�j��i� ,.�,. _ s • 77 -4 L • Site Photos A r z y s i T t � 0.hr �, Nam• C L^ fl4Y - fit.. '� � •� .. :. _ .= -s- - - i �' � .�. t Site Photos .IfE t. XIS Mut m N. � 4 �. 41> Ilk RUN BEN x } 0 �§ Aw ,a Winner's Properties, LLC Agenda Item 10 page 24 of 29 Disclosure DisclosureCITY OF VIRGINIA V--8- 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 VVINNER'S PROPERTIES, LLC Is Applicant also the Owner of the subject property? Yes • No© if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes ° NoC) If yes,name Representative: WOLCOTT RIVERS, PC, KYLE D. KORTE, 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.) SEE ATTACHED EXHIBIT A 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. 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 1 (Name entity and/or individual) Financing(mortgage,deeds of trust, —Q o TOWNEBANK cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 Winner's Properties, LLC Agenda Item 10 page 25 of 29 Disclosure SECTION - - • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/TaxReturn Preparation O q Architect/Designer/Landscape COVINGTON HENDRIX ANDERSON ARCHITECTS Architect/Land Planner O 0 Construction Contractor G) O Engineer/Surveyor/Agent e 0 KIMLEY-HORN Legal Services © WOLCOTT RIVERS,PC,KYLE D.KORTE,ESQ. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Stephen Snyder, Manager A�_ O2-96-Zv26 Applicant Name(Print) Applicant Signature Date i "Parent-subsidiary relationship"means ''a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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, (h) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Cade§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 5/28/2026 Alexis Bailey 5/29/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Winner's Properties, LLC Agenda Item 10 page 26 of 29 Disclosure SECTION - • • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application EVERGREEN VIRGINIA, L.L.C. Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesO 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.) SEE ATTACHED EXHIBIT A Does the subject property have a proposed or pending purchaser? Yes() NoO If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No It yes,name the official or employee,and describe the nature of their interest. i PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER f (Name entity and/or individual Financing(mortgage,deeds of trust, O O TOWNEBANK cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/TaxReturn Preparation 0 0 Architect/Designer/landscape O O COVINGTON HENDRIX ANDERSON ARCHITECTS' Architect/Land Planner Construction Contractor o TO BE SUPPLEMENTED Engineer/Surveyor/Agent 0 0 KIMLEY-HORN Legal Services 0 WOLCOTT RIVERS,PC,KYLE D.KORTE,ESQ. PROPERTY OVVNER CERTIFICATION READ:I certify that al/information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public b dy or committee in connection with this application. Stephen Snyder, Manager 3'20,202f3 Property Owner Name(Print) Propert Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Winner's Properties, LLC Agenda Item 10 page 27 of 29 Disclosure Exhibit A List of Winner's Properties, LLC and Evergreen Virginia, L.L.C. Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY, INC. • CHECKERED FLAG STORE #1, L.L.C. • CHECKERED FLAG STORE #2, L.L.C. • CHECKERED FLAG STORE #3, L.L.C. • CHECKERED FLAG STORE #4, LLC • CHECKERED FLAG STORE #5, L.L.C. • CHECKERED FLAG STORE #6, L.L.C. • CHECKERED FLAG STORE #7, L.L.C. • CHECKERED FLAG STORE #8, L.L.C. • CHECKERED FLAG STORE #9, L.L.C. • CHECKERED FLAG STORE #10, L.L.C. • CHECKERED FLAG STORE #11, L.L.C. • EVERGREEN VIRGINIA, L.L.C. • CHECK LEASE, L.L.C. • CAVALIER PROPERTY, LLC • PATRICK HENRY PROPERTY, LLC • CENTRAL DRIVE PROPERTY, LLC • 1801 VB BLVD, LLC • 2697 DEAN DRIVE, LLC • 4525 SOUTH BLVD, LLC • 4560 SOUTH BOULEVARD, LLC Winner's Properties, LLC Agenda Item 10 page 28 of 29 • 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. Winner's Properties, LLC Agenda Item 10 page 29 of 29 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #10 Winner's Properties, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Item 10 is Winner's Properties,LLC. Is there a representative here today to speak on this item? Thank you, sir. Please state your name for the record. Mr. Korte: Good afternoon. My name is Kyle Korte, a local attorney with Wolcott Rivers. I represent the applicant,the landowner, and the related entities. This is an application to amend an existing Conditional Use Permit to relocate the previously approved car wash to the western property line. I just want to thank Alexis Bailey and Planning Commissioner Anderson for working with us to find agreeable conditions,all of which are acceptable to the applicant. I'm here to answer any questions, but I enjoy being on the consent agenda. 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 Anderson to read it into the record. Mr. Anderson: Thank you, Vice Chair. Agenda Item 10, Winner's Properties, LLC. This is a 14.78-acre site which is located in the Rosemont Strategic Growth Area, zoned B2 Community Business District. It was granted a Conditional Use Permit for motor vehicle sales, service, and rentals in 1979. Subsequent modification requests were approved by the City Council in 2002, 2004, 2013, 2022, and 2025, to expand the automobile service center, allow automotive repairs, and modify the site layout and building design. The applicant is seeking a modification of conditions to alter the concept plan associated with the 2025 modification of conditions, specifically to relocate the proposed car wash to the west side of the parking lot at 3736 Sentara Way,to improve on-site traffic flow and overall site functionality. With additional conditions— while there are active site, building, or other similar permits, a six-foot tall chain-link fence with dark mesh fabric shall be installed on the Sentara Way side of the property and maintained along the frontage to screen the construction area from the right-of-way and adjacent property owners, and will be removed when construction is complete. For those reasons, and the additional conditions,we put this on the consent agenda. Ms. Byler: Thank you, Commissioner Anderson. (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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. Conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 18, 2025, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the following: a. The submitted plan entitled "Hyundai Building Addition —Concept Plan," dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development; and b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, building materials, and color schemes of all existing and proposed buildings shall be in substantial conformance with the following: a. The car wash shall be in substantial conformance with the submitted elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE BUILDING CHECKERED FLAG HYUNDAI," dated April 21, 2026, and prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. b. Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai World —Floor Plan —Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. c. The design, materials, and color scheme of the overall dealership shall be in substantial conformance with the submitted elevations entitled, "RENOVATIONS & EXPANSION TO THE SERVICE BUILDING CHECKERED FLAG HYUNDAI", prepared by Covington Hendrix Anderson Architects, dated June 03, 2024, which were approved by the Virginia Beach City Council on February 24, 2025, and the building elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects, dated July 01, 2013, which were approved by the Virginia Beach City Council on November 12, 2013, all of which is on file in the Department of Planning and Community Development. 4. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the following: a. The submitted plan entitled "Hyundai Building Addition —Concept Plan," dated May 4, 2026, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development; and b. The submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide; and c. A continuous landscape berm shall be installed and maintained along the entire frontage of Sentara Way adjacent to the subject property. Said berm shall include increased landscaping to include a mixture of evergreen trees and evergreen shrubs to adequately screen the site from the public right-of-way. A revised landscape plan shall be submitted at the time of site plan review showing the improved landscaping along the Sentara Way right-of-way that will be subject to the review and approval of the Planning Director. 5. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 6. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 7. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 8. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 9. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 10. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 11. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: a. The framework shall be on noncombustible construction. b. The fabric shall be flame resistant. c. The structures shall meet wind load requirements in the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 12. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 13. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and four raised platforms within the interior parking lot for vehicle display as noted on the submitted exhibit entitled "Raised Vehicle Platform Location Sketch", dated May 4, 2026, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 13. 14. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 15. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 16. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 17. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 18. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center or car wash building. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 19. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 20. The use of an outdoor amplified speaker or paging system shall be prohibited. The use of a vehicle's emergency alarm shall not be employed to assist in locating a vehicle on the lot. 21. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above and shall be limited to the standard hours of operation of 7:00 a.m. and 10: 00 p.m. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 22. On-street employee parking shall be prohibited 23. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. 24. At the time of site plan submittal, the applicant shall explore the possibility of incorporating an aerator fountain into the design of the proposed stormwater management facility. 25. 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. Wolcott I Rivers I Grates ATTORNEYS AT LAW Kyle D.Korte,Esq. 4417 Corporation Lane, Suite 400 Abby Novario P:(757)554-0245 Virginia Beach,VA 23462 Paralegal F:(757)497-7267 P: (757)497-6633 1 F: (757)497-7267 P:(757)554-0272 korte@,wo1riv.com wolriv.com www.wolcottriversgates.com anovarioq�wolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 101 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 and 3736 Sentara Way,Virginia Beach,VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications, I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, Kyl . orte KDK/aln Wolcott I Rivers I Gates ATTORNEYS AI' LAW Kyle D.Korte,Esq. 4417 Corporation Lane,Suite 400 AbbyNovario P:(757)554-0245 Virginia Beach,VA 23462 Paralegal F:(757)497-7267 P: (757)497-6633 1 F:(757)497-7267 P:(757)554-0272 korte(a wolriv.com www.wolcottriversgates.com anovario0wolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 105 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 and 3736 Sentara Way,Virginia Beach, VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications, I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, Kyle . orte KDK/aln Wolcott I Rivers I Gates ATTORNEYS AT LAW Kyle D.Korte,Esq. 44,17 Corporation Lane, Suite 400 AbbyNovario P:(757)554-0245 Virginia Beach,VA 23462 Paralegal F:(757)497-7267 P: (757)497-6633 1 F:(757)497-7267 P:(757)554-0272 korte0wolriv.com www.wolcottriversgates.com anovario@awolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 109 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 and 3736 Sentara Way,Virginia Beach,VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications, I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, KyVD. rte KDK/aln Wolcott I Rivers I Grates ATTORNEYS AT LAW Kyle D.Korte,Esq. 4417 Corporation Lane,Suite 400 AbbyNovario P:(757)554-0245 Virginia Beach,VA 23462 Paralegal F:(757)497-7267 P:(757)497-6633 1 F:(757)497-7267 R.(757)554-0272 korte@)wo1riv.com www.wolcottriversgates.com anovario(uwolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 113 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: . My office represents the owner of 3700 and 3736 Sentara Way,Virginia Beach,VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications,I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, ,a Kyle D. Korte KDK/aln Wolcott I Rivers I Gates ATTORNEYS AT LAW 4417 Corporation Lane, Suite 400 AbbyNovario Kyle 7)D. 554-0Korte 5 Virginia Beach,VA 23462 P:(757)497-7267 P: (757 497-6633 F: 757)497-7267 Paralegal F:(?57)497-7267 ) � ( P:(757)554-0272 korte@wolriv.com www.wolcottriversgates.com anovario0wo1riv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 117 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 and 3736 Sentara Way, Virginia Beach,VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications, I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, KyVD. te KDK/aln Wolcott I Rivers I Gates ATTORNEYS Ar LAW Kyle D.Korte,Esq. 4417 Corporation Lane, Suite 400 AbbyNovario P:(757)554-0245 Virginia Beach,VA 23462 Paralegal F:(757)497-7267 P: (757)497-6633 1 F:(757)497-7267 P:(757)554-0272 korte@wolriv.com www.wolcottriversgates.com anovariogwolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 121 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 and 3736 Sentara Way,Virginia Beach,VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications, I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, Kyle D. o e KDK/aln Wolcott I Rivers I Gates ATTORNEYS AT LAW 4417 Corporation Lane,Suite 400 AbbyNovario Kyle 7)D.554-0Korte 5 Virginia Beach,VA 23462 Paralegal P:(757)554-7267 P:(757 497-6633 1 F:(757 497-7267 g F:(757)497-7267 � � P:(757)554-0272 korte(awolriv.com www.wolcottriversgates.com anovario cwolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 125 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner.of 3700 and 3736 Sentara Way,Virginia Beach, VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation.will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and.will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications,I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, Kyle D'Jo rt KDK/aln Wolcott I Rivers I Gates ATTORNEYS AT LAW Kyle D.Korte,Esq. 4417 Corporation Lane, Suite 400 Abby Novario P:(757)554-0245 Virginia Beach,VA 23462 Paralegal F:(757)497-7267 P: (757)497-6633 1 F: (757)497-7267 P:(757)554-0272 korte(awolriv.com www.wolcottriversgates.com anovario(a�wolriv.com April 13, 2026 VIA USPS FIRST CLASS MAIL 129 Presidential Blvd. Virginia Beach, VA 23452 Re: 3700 and 3736 Sentara Way Modification of Conditions Dear Homeowner: My office represents the owner of 3700 and 3736 Sentara Way,Virginia Beach,VA 23452 (the "Owner"). The Owner filed an Application for Modification of Conditions (the "Application") with the City of Virginia Beach, seeking approval to modify existing conditions for the Hyundai Dealership and Service Center and allow relocation of the car wash to the west side of the parking lot on 3736 Sentara Way. This relocation will improve traffic flow and site functionality while providing greater separation from residential properties on Sentara Way. All existing conditions and restrictions related to the Owner's operation of the Hyundai Dealership will remain in place and will not be modified. If you have any questions, concerns or would like additional information regarding the proposed modifications, I encourage you to contact my office using the contact information in my letterhead. Very sincerely yours, Kyle Jorte KDK/aln Wolcott I Rivers I Gates ,y 'y quadfent LLI ATTORNEYS AT LAW FIRST-CLASS MAIL IMI N 4417 Corporation Lane,Suite 400 $000.74 Virginia Beach,VA 23462 `e 04/13/2026 ZIP 23452 .F` 043M31259110 101 Presidential Blvd. Virginia Beach, VA 23452 ALN Wolcott I Rivers I Grates M quadientUj ATTORNEYS AT LAW FIRST-GLASS MAIL IMI 4417 Corporation Lane,Suite 400 $00 o a Virginia Beach,VA 23462 0406 Z P 23452 C 043M31259110 M 105 Presidential Blvd. Virginia Beach, VA 23452 All f Wolcott I Rivers I gates p i, quadientLU ATTORNEYS AT LAW FIRST-CLASS MAIL H 4417 Corporation Lane,Suite 400 IMI o N Virginia Beach,VA 23462 $000.74 ' d 04113/2026 ZIP 23452 N 043M31259110 109 Presidential Blvd. Virginia Beach,VA 23452 n�N Wolcott I Rivers I Gates •tquadient0 ATTORNEYS AT LAW FIRST-CLASS MAIL Q IMI N 4417 Corporation Lane,Suite 400000•74 g Virginia Beach,VA 23462 04/13/2026 ZIP 23452 043M31259110 D 113 Presidential Blvd. Virginia Beach, VA 23452 ALN Wolcott I Rivers I Gates quadient W ATTORNEYS AT LAW FIRST-CLASS MAIL H n IN N 4417 Corporation Lane,Suite 400 Q000.7�$ Virginia Beach,VA 23462 04/13/2026 ZIP 23452 043M31259110 117 Presidential Blvd. Virginia Beach, VA 23452 ALN r Wolcott I Rivers I Gates quadient W ATTORNEYS AT LAW FIRST-CLASS MAIL 4417 Corporation Lane,Suite 400 IMI� o �� o oo . Virginia Beach,VA 23462 04000 ZIP 23452 043M31259110 121 Presidential Blvd. Virginia Beach, VA 23452 ALN Wolcott I Rivers I Gates "` quadient ATTORNEYS AT LAW FIRST-CLASS MAIL IMI 4417 Corporation Lane,Suite 400 $000.74 0 Virginia Beach,VA 23462 04/13/20216 ZIP 23452 2 043M31259110 125 Presidential Blvd. Virginia Beach, VA 23452 ALN Wolcott I Rivers I Grates quasi ent ATTORNEYS AT LAW FIRST-CLASS MAIL IMI 4417 Corporation Lane,Suite 400 $000.74 d Virginia Beach,VA 23462 04/13/2026 ZIP 23452 i 043M31259110 M 129 Presidential Blvd. Virginia Beach, VA 23452 ALN NKERS BA_a A18 B2 1NDu5TR�A� Ln PARK RD DONNA DR m = A18 .r B2 c �► N� o B2 c B2 ., .264 26a � 2 ® site SMF Corporate Stores, LLC Zoning 550 First Colonial Road, Suite 23C " W` Property Polygons Feet 0 65 130 260 390 520 Mao created by Plannino Department on 5/15/2026 Nub 1 CITY OF VIIiRGINIA BEACH AGENDA ITEM ITEM: SMF CORPORATE STORES, LLC [Applicant] HILLTOP SQUARE INVESTORS, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 550 First Colonial Road, Suite 23C (GPIN 2407879912). COUNCIL DISTRICT 6 (Remick) MEETING DATE: June 16, 2026 ■ Background: The applicant is seeking a Modification of Conditions to an existing Conditional Use Permit for a Tattoo Parlor granted by the City Council on June 27, 2022. The property is located in the greater than 75 dB DNL noise zone and is within the Hilltop Strategic Growth Area (SGA). In 2022, the City Council approved the Conditional Use Permit for a Tattoo Parlor specifically offering microblading services only. The applicant now seeks to expand the permitted activities to allow operation of a traditional, full-service tattoo parlor. The 6,120 square foot suite, which comprises 35 individual micro-suites, currently offers various beauty, health, and wellness services. Proposed hours of operation are 8.00 a.m. to 10.00 p.m., Sunday through Saturday, by appointment only. ■ Considerations: This property is located within the Hilltop SGA of the city, as designated by the Comprehensive Plan, which envisions local businesses with a variety of retail, restaurant, office, health, and recreational uses. Tattoo Parlors are an allowed use within the AICUZ and fit well with the surrounding character due to their existing commercial strength and proximity to the Oceanfront Resort Area, NAS Oceana, and 1-264 interchange. There are no anticipated traffic impacts with this request. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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. The Conditional Use Permit for a Tattoo Parlor applies solely to 550 First Colonial Road, Suite 23C. SMF Corporate Stores, LLC Page 2 of 2 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display, or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. 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. ■ 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: 0 Agenda Applicant: SMF Corporate Stores, LLC Property •• Square Investors, Planning Commission • • 2026 V0 CouncilCity . '- Project Details Request Modification of Conditions (Tattoo Parlor) "IROn t» - jrOT Sri It Staff Recommendation �0�` E�_u$ " °°"r" �'Mwkdplxeat�P Approval \ Staff Planner f \ KER54Ntit j00 y 4 r Kristin Bauer � � v►�Ka� ��PETrtE«- ,N NNct PARTI CT— Location 550 First Colonial Road, Suite 23C �. GPIN \ 16, JAI y4 gEACN RD Fagg p4Dr�otEAH � .,, 2407879912 a, Utz y. �.ROENsy---�; Site SizeX4,'�n t-CTS, m =�f y' '' i 32,853 square feet �. L LONE CT �.�w� AICUZ yy5�DN51N'AYE' Z t E I � I i li i' + !—r:� GREEN OAKS OR f"i�� `T"''r�aT Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Retail / B-2 Community Business w Surrounding Land Uses and Zoning Districts North Donna Drive Retail/ B-2 Community Business South - Retail, 1-264/ B-2 Community Business , East t ` Retail / B-2 Community Business West Retail/ B-2 Community Business SMF Corporate Stores, LLC Agenda Item 11 page 1 of 13 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to an existing Conditional Use Permit for a Tattoo Parlor granted by City Council on June 27, 2022, on this B-2 Community Business zoned parcel. • The property is located in the greater than 75 dB DNL noise zone and is within the Hilltop Strategic Growth Area (SGA). • In 2022, the City Council approved the Conditional Use Permit for a Tattoo Parlor specifically offering microblading services only. The applicant now seeks to expand the permitted activities to allow operation of a traditional, full-service tattoo parlor. The 6,120 square foot suite, which comprises 35 individual micro- suites, currently offers various beauty, health, and wellness services. • Proposed hours of operation are [strikethrough] QUA-a-m [end strikethrough] 8:OOa.m. to 10:00 p.m., [end [strikethrough] MeRda [end strikethrough] Sunday through Saturday, by appointment only. • No exterior signage is proposed at this time. Zoning • `s �` Map Key No. Request W40 Z J CUP (Tattoo Parlor) Approved 1 �N Z 1NJo�s?R,pK B2 Ass 1 B2 06/27/2022 0 c D 2 CUP (Bulk Storage Yard) Approved oNNPoa O8/21/2018 ° ?, MDC (Tattoo Parlor) Approved Ass 3 04/28/2009 0 CUP (Tattoo Parlor) Approved "~ �, 2 B2 09/23/2008 a B2 264 264 i 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 SMF Corporate Stores, LLC Agenda Item 11 page 2 of 13 Evaluation Recommendation In Staff's opinion, the request for a Modification of Conditions to an existing Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan. The site is located in the Hilltop SGA, which calls for redevelopment and reinvestment that transforms underutilized commercial property and parking areas into a more walkable mix of retail and office areas. The applicant is occupying an existing suite within an existing shopping center and is not proposing any site alterations. The proposed facility will provide an amenity and added value to the surrounding businesses and residences. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the Code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions for MDC 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 550 First Colonial Road, Suite 23C. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display, or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. 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 SMF Corporate Stores, LLC Agenda Item 11 page 3 of 13 administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous • • • from 1 ' 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive • • This property is located within the Hilltop SGA of the city, as designated by the Comprehensive Plan. The Hilltop Land Use Plan envisions this property and those surrounding to home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses (p. 47, Comp Plan Policy Document). While the parcel is located in a high noise zone, it is a good candidate for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and 1-264 interchange. (p. 1-47, Comprehensive Plan 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. SMF Corporate Stores, LLC Agenda Item 11 page 4 of 13 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 33,000 ADTl 34800 ADT 1(LOS Z No Change Anticipated 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) First Colonial Road, in the vicinity of this application, is considered a six-lane divided major urban arterial. There currently is no CIP project slated for this segment of First Colonial Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. SMF Corporate Stores, LLC Agenda Item 11 page 5of13 Public Utility Impacts Water&Sewer The site currently connects to city water and sanitary sewer. The existing 5/8-inch city water meter may be used or upgraded to accommodate the proposed business. 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. SMF Corporate Stores, LLC Agenda Item 11 page 6 of 13 LayoutSite 7-1 UA I � � lW r y r I r� e 2 SMF Corporate Stores, LLC Agenda Item 11 page 7 of 13 Floor Plan jib s t ' i I, I a p; Cg i / ,_9a i' 1 i r I I � SMF Corporate Stores, LLC Agenda Item 11 page 8 of 13 S1 `� x d � � k� Sic w r.' � �• (9�,�'9U ��v `� �� ,.ram e r" o � � 1 t . — � //Y.%��y��55 77{ � -`YYY{• Y�33'S Y�S •S. '�.. ^u � ', 8;. , 1? ?y�'. to- ..'3„ •'r�# •�, ..Tf. �� a Disclosure VIRGINIA Disclosure Statement V BEACH The disclosures container/ 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/ol 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: as listed on application SMF Corporate Stores, LLC Is Applicant also the Owner of the subject property? Yeso NoQ if no,Property Owner must complete SECI7ON 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes °�NoO If yes,name Representative: Annlse Richardson 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 r or affillated business entity z relationship with the applicant.(Attach list if necessary.) Susan 13oresow,President;Debbie Koller,Vice President;Tommy McNelis,Field Operations Managot;Angola Silvis,Proloct Manger; Jeff Spatz,Proporly Owner;Sam Kay,Pratt Street Financial,Karolina Drelihaupl,Property Manager. Does the subject property have a proposed or pending purchaser? Yeso NoUO if yes,name.proposed or pearling purchaser: NIA KNOWN INTEREST BY PUBI-10 OFFICIAL OR EMPLOYFF Does an official or employee of the City of Virginia Beach have an Interest In he 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 N/A 1 APPLICANT SFRVICES DISCLOSLIRF READ:The Applicant must certify whether the following services are being provided In connectlon to the subject application or any business operating or to be operated on the property. Vie name of the entity and/or individual providing such services must be Identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Norne entity and/arIndividual Financing(mortgage,deeds of trust, O O cross-collaterallzation,etc.) _ Real Estate Broker/Agent/Realtor O Green Light Realty-Todd ShLigaman Disclosure Statement I rev. May-2024 page 1 of 3 i i SMF Corporate Stores, LLC Agenda Item 11 page 10 of 13 Disclosure Statement SECTION 1: APPLICANT DISCLOSURE continued j l rs�at;uulj { ACCOt1nt dk 4'S3 Pr e^ ct i Architect/Land N "-'mev - - Construction Co I,Engine-er/SurvewrlAgert k -- _ -_-- —__--- Legal Services P 0 i ' f APPLICANT CERTIFICATION REM I certiAy that ail 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 herring, I am responsible for updating the information provided ;herein three weeks prior to the meeting of Planning Commission, City Council, VSDA,C&PA, #iil:'etlands Board cr any public body or committee in connection with this application, Applicant Name(Print) Applicant ignature Date 1"Porent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA. Come§2.2-3 01, 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,th) a controlling owner in one entity is also a controlling owner in the other entity,or(4 f there is shared management or control between the business entities. Factors that should be considered in determining the existence of an offiliatea business entity relationship include that the some person or substantially the some person awn or manage the two entities;there are common or can, mingled'funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act;. Va. Code§2.2-3I01, FMCFffUM. Y: No cirartgesas offd ). 06/01 2Q26 Kristin Bauer 06f01f2026 staff MaTM( j staff sowtXe Date erer te# #mrrranf Y xasrr h.fav-)OM naaw ?of a. SMF Corporate Stores, LLC Agenda Item 11 page 11 of 13 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Hilltop Square Investors LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes(•)No0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 3 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Investors:C.N.David neischer,ROHCS Storage Centers LLC,Allan 8 Deborah Gibber,Richard Martorella,Yitzchol Halpert Yehuda Neubergor Trust,Hillel Jacobson,Glenn Ercolo,Jay 8 Deborah Taftel,PAID c/oNoftemia Feldman,Sidney Gurman,Mark Ely,Abi Pro e owner,Jeff Spatz Does the subject property have a proposed or pending purchaser? Yeso Nol�) If yes,name proposed or pending purchaser N/A 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,mane the official or employee,and describe the nature of their interest. N/A 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 roust be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Naine en tity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 O Architect/Land Planner _ Construction Contractor 0 ------- ------- Engineer/Surveyor/Agent 0 Q 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, 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. by trust_76a81195-1367-4a a97 76 817yq1 5-307-O8..597.9473 Jeff Spatz 8e-8547-9473681e1413 681c11t3 2/11/26 Data:V.1602 It 1301:1545WF Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 SMF Corporate Stores, LLC Agenda Item 11 page 12 of 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SMF Corporate Stores, LLC Agenda Item 11 page 13 of 13 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #11 SMF Corporate Stores, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: Item 11 is SMF Corporate Stores, LLC. Is there a representative here today to speak on this item? Please come forward. Welcome. Please state your name for the record. Ms. Richardson: Anise Richardson. Ms. Byler: Thank you. Are the conditions acceptable to you? Ms. Richardson: Yes. Ms. Byler: Thank you. You may be seated. Is there any objection to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Mauch to read it into the record. Mr. Mauch: The applicant is requesting a modification of conditions to an existing Conditional Use Permit for a tattoo parlor granted by the City Council on June 27th, 2022, on this B2 Community Business-zoned parcel. In 2022, the City Council approved the Conditional Use Permit for a tattoo parlor specifically offering microblading services only. The applicant now seeks to expand the permitted activities to allow operations of a traditional full-service tattoo parlor. The request for modification to existing conditions is consistent with the comprehensive plan. For these reasons, hearing no objections and with a staff recommendation of approval, we found it acceptable to put it on the consent agenda. Ms. Alcock: Excuse me, Vice Chair. We did have one neutral speaker signed up for Item 11, so we'll go ahead and call them if they want to come up and speak.Thank you. Clerk: Andrew Gibbs? Ms. Byler: All right then. (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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. ■ Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes,with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 550 First Colonial Road, Suite 23C. 2. The applicant must comply with Chapter 23-51 of the City Code prior to obtaining a business license for the Tattoo Parlor. 3. Tattooing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display, or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. 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. 01 02 �L R' ,0 C�Q� Fy R7.6 i a 5� -,T 5 yFP Nq- CI, / ® site Virginia Electric and Power Company C] zoning 568 N Lynnhaven Road F Property Polygons s Feet 0 40 80 160 240 320 Mar) created by Plannina Department on 5/15/2026 Q•Gr-u 04 sto CITY OF VIIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA ELECTRIC AND POWER COMPANY [Applicant& Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 568 N Lynnhaven Road (GPIN 1487983864). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: June 16, 2026 ■ Background: The applicant is requesting a Modification of Conditions to an existing Conditional Use Permit for a Communication Tower located on a 25,981-square-foot parcel zoned R-10 Residential. The Conditional Use Permit was originally approved by the City Council on March 7, 2023, with conditions to require the preservation of mature trees along the southeastern side of the gravel access road and around the fenced communication tower compound. Virginia Electric and Power Company is now proposing an expansion of the existing Dominion substation on the property, which is permitted by-right in the R-10 District. The proposed substation expansion would encompass approximately 6,540 square feet and require the removal of six trees, including two along the southeastern portion of the property and four along the western portion of the site. Because some of the proposed trees to be removed conflict with the tree preservation condition established under the 2023 Conditional Use Permit, a Modification of Conditions is required. No changes are proposed to the existing communication tower. ■ Considerations: Staff finds, and the Planning Commission concurred, that the requested Modification of Conditions is acceptable. The applicant is seeking to amend Condition 8 of the previously approved Conditional Use Permit for the Communication Tower, which required preservation of mature trees along the southeastern side of the gravel access road and around the fenced tower compound during construction. The proposed expansion of the existing Dominion substation, a critical public utility facility, requires the removal of six mature trees, including two located within the protected area identified in the original approval. While the request modifies the original tree preservation condition, the tree removal is necessary to accommodate the operational needs of the substation expansion. In evaluating the request, Staff considered the original intent of the condition, which was to maintain visual buffering and minimize impacts to adjacent properties. To address the loss of vegetation, the applicant has committed to installing three evergreen trees and six shrubs that were originally required but never planted under the 2023 approval. Staff finds that the proposed landscaping Virginia Electric and Power Company Page 2 of 3 will, over time, adequately offset the removal of the existing trees and provide a more consistent bufferfor the site. Additionally, the proposed substation expansion supports essential public utility infrastructure, which Staff considers an important factor in support of the request. At the Planning Commission hearing, the Commission modified Condition 11 to require the applicant to retain a contractor for scheduled watering of all new vegetation during the first year after planting. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 13, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. All previous conditions attached to the Conditional Use Permit for the property located at 568 N Lynnhaven Road, as of March 7, 2023, shall be voided and replaced with the following conditions. 2. The site shall be developed in substantial conformance with the exhibit entitled "Layout Plan Groveland Substation - DRAWING 0739-041", dated 04/24/2026, prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be landscaped in substantial conformance with the exhibit entitled "Landscape Exhibit Groveland Substation - DRAWING 0739-047", dated 04/24/2026, prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT — 568 N. Lynnhaven Road —Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated February 21, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. A full structural report shall be submitted during detailed site plan review. 6. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. Virginia Electric and Power Company Page 3 of 3 7. Subject to federal law, the maximum height of the tower shall be 119 feet above ground level, inclusive of the lightning rod. 8. As required by Section 202 of the City Zoning Ordinance (CZO), the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non- hazard to air navigation. 9. No signs indicating the location of this facility are allowed. 10. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 11. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. Additionally, the applicant shall retain a contractor to provide scheduled watering for all new vegetation during the first year of planting. 12. 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 41 City Manager: /V Agenda Item 12 Applicant: Virginia Electric and Power Company Property • • Planning Commission ' • 1 • VB CouncilCity Project Details Request Modification of Conditions .Staff Recommendation W Approval � 1 �J - `?� Cl . Staff Planner Marchelle Coleman EK�dPFIAl F Location 568 N Lynnhaven Road GPIN N N$G � - J?'F♦ •f-tN r 1487983864 �EM�N a UR Site Size r K 6 25,981 square feet riEro AICUZ s. --rN- Less than 65 dB DNL Wa tershed Chesapeake Bay ; Existing Land Use and Zoning District Substation, communications tower/ R-10 " Residential Surrounding Land Uses and Zoning Districts North �'Po Lynnhaven Baseball Complex/ R-10 Residential South N Lynnhaven Road P� �o Single-family dwellings/ R-7.5 ResidentialQ'E East' Single-family dwelling/ R-10 Residential West Lynnhaven Baseball Complex/ R-10 Residential Virginia Electric and Power Company Agenda Item 12 page 1 of 18 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to an existing Conditional Use Permit for a Communication Tower on this 25,981 square foot R-10 Residential zoned parcel. • On March 7, 2023, City Council approved a Conditional Use Permit for a Communication Tower, subject to conditions requiring the preservation of existing mature trees along the southeastern side of the gravel access road surrounding the fenced compound. • The applicant, Virginia Electric and Power Company, seeks to expand the existing Dominion substation on the property, a use permitted by-right in the R-10 Residential District. The expansion will encompass approximately 6,540 square feet. • To accommodate the proposed expansion, the applicant proposes the removal of six trees, including two located along the southeastern portion of the property and four along the western portion of the site. Condition 8 of the 2023 Conditional Use Permit requires the preservation of mature trees along the southeastern side of the gravel access road and surrounding the fenced Communication Tower compound. Because tree removal is proposed within this protected area, a Modification of Conditions to the existing Conditional Use Permit is required. • No changes are proposed to the existing Communication Tower on the site. Virginia Electric and Power Company Agenda Item 12 page 2 of 18 Zoning History # Request 1 CUP (Communication Tower) Approved 03/07/2023 2 CUP (Beauty Salon) Approved 12/01/2020 /' f lqCRZ(R-7.5 Residential to Conditional 0-1 \ R7.5 office) Approved 09/05/2017 �� w y R10 �o Q 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 - • • • This request for a Modification of Conditions is, in Staff's opinion, acceptable. As stated previously, the applicant is requesting to modify Condition 8 of the previously approved Conditional Use Permit for a Communication Tower. Condition 8 requires that, during construction, the applicant preserve the large existing trees along the southeastern side of the gravel access road and those surrounding the fenced compound, limiting tree removal to those within the fenced compound and at the entrance to the property, as indicated on Sheet Z-3 of the Concept Plan. The applicant is now proposing to expand the existing Dominion substation on-site, which necessitates the removal of six mature trees, including two located along the southeastern side of the access road. While this is a change from the original condition intended to preserve existing vegetation, the request is directly tied to the operational needs and expansion of critical utility infrastructure. In evaluating this request, Staff considered the intent of Condition 8, which was to maintain visual buffering and minimize impacts to adjacent properties. Although the removal of these trees will reduce existing mature vegetation, the applicant has committed to enhanced landscaping improvements to mitigate this impact. Virginia Electric and Power Company Agenda Item 12 page 3 of 18 Specifically, three evergreen trees and six shrubs, originally required but never installed, will now be planted in accordance with the approved 2023 conceptual site plan. Staff finds that, over time, the proposed replacement landscaping will adequately compensate for the loss of the existing trees and will ultimately provide a more consistent and intentional buffering element than what currently exists. Furthermore,the expansion of the substation supports essential public utility services, which is an important consideration in balancing the modification request with the original condition. Staff is therefore supportive of the request to modify Condition 8, as the proposal maintains the overall intent of buffering and screening while accommodating necessary infrastructure improvements. Based on the considerations above, Staff recommends approval of this application, subject to the conditions provided below. Recommended Conditions for Modification of Conditions (MDC) 1. All previous conditions attached to the Conditional Use Permit for the property located at 568 N Lynnhaven Road, as of March 7, 2023, shall be voided and replaced with the following conditions. 2. The site shall be developed in substantial conformance with the exhibit entitled "Layout Plan Groveland Substation - DRAWING 0739-041", dated 04/24/2026, prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be landscaped in substantial conformance with the exhibit entitled "Landscape Exhibit Groveland Substation - DRAWING 0739-047", dated 04/24/2026, prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT—568 N. Lynnhaven Road —Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated February 21, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. A full structural report shall be submitted during detailed site plan review. 6. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 7. Subject to federal law, the maximum height of the tower shall be 119 feet above ground level, inclusive of the lightning rod. Virginia Electric and Power Company Agenda Item 12 page 4 of 18 8. As required by Section 202 of the City Zoning Ordinance (CZO), the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 9. No signs indicating the location of this facility are allowed. 10. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 11. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. Additionally, the applicant shall retain a contractor to provide scheduled watering for all new vegetation during the first year of planting. 12. 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 • • • from 123 Conditional Us- Permit1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT—568 N. Lynnhaven Road —Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated February 21, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. Virginia Electric and Power Company Agenda Item 12 page 5 of 18 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 119 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance (CZO), the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 8. During construction, the applicant shall preserve the large existing trees along the southeastern side of the gravel access road and those surrounding the fenced compound. During construction,the applicant shall only remove trees located within the fenced compound and at the entrance to the property as indicated on Sheet Z-3 of the Concept Plan. 9. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. Comprehensive Plan Information The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that, working together the stability and sustainability of the Suburban Area is ensured for now and the future. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and is located outside the Chesapeake Bay Preservation Area Resource Protection Area. While there is a Special Flood Hazard Area Zone AE on a portion of the property, the proposed improvements do not appear to impact this area. There are no known historic or cultural resources that will be affected by this project. Virginia Electric and Power Company Agenda Item 12 page 6 of 18 Traffic Impacts/Transportation Traffic Counts Street fiiarrte reint Ca N. Lynnhaven Road 2,875 ADT1 8,700 ADT 1(LOS 4 "D") No Changes Anticipated 1 Average Daily Trips 2As defined by a 3As defined by a 'LOS = Level of communication communication tower Service tower & substation & substation Master Transportation Plan(MTP)and Capital Improvement Program(CIP) N. Lynnhaven Road, in the vicinity of this application, is a two-lane undivided collector street. There are no plans to improve this portion of N. Lynnhaven Road. 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 available. There is a 6-inch City water main located along the existing ditch fronting the site. Sewer City sanitary sewer is available. There is an 8-inch sanitary sewer gravity main located along the existing ditch fronting the site. Public Outreach Information Planning Commission • The applicant hosted an open house at Lynnhaven Lodge, 2959 N. Lynnhaven Road, on Tuesday, April 28, 2026, from 5:00 p.m. to 7:00 p.m. to present the proposal and respond to questions from nearby property owners. Two residents attended to ask questions and receive updates on how the expansion of the substation would assist in addressing recurring outages in the area. • 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. Virginia Electric and Power Company Agenda Item 12 page 7 of 18 • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. Virginia Electric and Power Company Agenda Item 12 page 8 of 18 Proposed Layout ti C Y A° Kn u x. ■ N H a p a ;<� F! [ R �tt qq �¢S r K g ■ ._� a I ■ ■ e:� . ,_ .�. a � cat f i ■ - s - �. a3 •.......... zj I t M �I'Y V fY .aWrp.�.c.� �J 7 '� � ■ Es ■ r` h Virginia Electric and Power Company Agenda Item 12 page 9 of 18 Proposed Tree Removal � z �11 `9 9 / -J fir. y wp 7n� Y yYy p .�' Cn � gr�sf Y W. Nfr§E n - 0 k 6 MP 1 (§ �11-11 : [.�Agl� �o �o t c7 O r.. r ® O o ............ ... F fJ o :...a....... ........__......._...... i .. 1 .C7 v t • 0 AJ r, Virginia Electric and Power Company Agenda Item 12 page 10 of 18 lfStlC Y • `I{i +`h ♦++I'+ + I Y+`f++•y•{i+ Y ! /{ ,`+` +h♦{`{`!}V+h+•44+•!!{ y #`h11+a4t1♦`!'+`+ 'Y ♦I, verti6lbridge J ,"r W� '.0 l:nr t Y • f 4 h ! h 14i♦♦ —fH Eezt;-�LbIn LFk fey:^ /++ ♦ + 4 + + +{ +fl+44+ I {'+ + + +41 I ♦ `!` n +{i'Y +{ Y #+{+{ ` ` } l+Y++♦++! +q ++++{+ • +♦+ { • ' f ++'+ + + US-VA-5087 + # + { 14! + +, + + l . (KINGS GRANT)+ #a+ !++ ! 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ELEVATION M �.mmtmR vru cWt/a W Arr(I-Bro-su-m6q FM1 sm IWI� 0_0 Q ' CW9iA'i101a u�oaa"m m m SIM 6 EC. i-0 POR iLN 0.AL PROPWm WORN M CAE NIrAYCNf sMAL BE x XCOFAM _ 'NM ra SMLLTUW MkYss BE OIYM I� rr Q /.OWRWM WALL NORDWR*row AMIM MAN RP WOIB KU. RR� L 0 3 3 -p � N � 00 Iv •G Site Photos 71 —r 1 _ t i aV yby^y. e •. b u� Y° 1 ALL. J. r Virginia Electric and Power Company Agenda Item 12 page 14 of 18 Disclosure Statement CfTY OF Disclosure VIRGINIA V-a- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia 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 Virginia Electric and Power Company c/o Christa McDonald 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?Yesq)NoO If yes,name Representative: Burns&McDonnell Enginerring Company Inc. i Michael Chin Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(DNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) See attached list. i Does the subject property have a proposed or pending purchaser? Yes No Q9 if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes©No@ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor 0 e __.. Disclosure Statement I rev. May 2024 � page 1 of 3 Virginia Electric and Power Company Agenda Item 12 page 15 of 18 Disclosure SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape O O Bums&McDonnell Enginerring Company inc. Architect/Land Planner Construction Contractor © G Engineer/Surveyor/Agent 0 i0 Bums&McDonnell Enginerring Company Inc. Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.i understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. 14 C.�,NriSv,Z mcf)"I"Id &V� — 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): 6/1/2026 Marchelle L Coleman 6/1/2026 Staff Name(Print) Staff Signature Date Disclosure Statement l rev. May-2024 page 2 of 3 Virginia Electric and Power Company Agenda Item 12 page 16 of 18 Disclosure Virgina Electric and Power Company Management Structure As of February 8,2026 Name Title Title Role Blue,Robert M. Chief Executive Officer Officer Baine,Edward H. President Officer Carr,Eric S. President-Nuclear Operations and Chief Nuclear Officer Officer Mitchell,Mark D. President-Project Construction Officer Arnett,Corynne S. Executive Vice President and Chief Regulatory and Customer Officer Officer Brown,Carlos M. Executive Vice President,Chief Administrative and Projects Officer and Corporate Secretary Officer Ridge,Steven D. Executive Vice President and Chief Financial Officer Officer Elbert,Regina J. Senior Vice President and Chief Legal and Human Resources Officer Officer Green,Cedric F. Senior Vice President-Generation Officer Lawrence,Douglas C. Senior Vice President-Nuclear Operations Officer Locke,Robert H. Senior Vice President-Electric Distribution Officer Murray,William L Senior Vice President-Corporate Affairs&Communications Officer Purohit,Prabir Senior Vice President-Strategy Officer Wellener.Wendy T Senior Vice President-Administrative Services Officer Windle,W.Keith Senior Vice President-Project Construction Officer Woomer,Joseph A. Senior Vice President-Electric Transmission Officer Arruda,Thomas J. Vice President and Chief Information Officer Officer Avram,Emil G. Vice President-Generation Development Officer Bassey,Utibe O. Vice President-Customer Experience Officer Bennett,Joshua J. Vice President-Offshore Wind Operations Officer Chester,Elizabeth"Betsy'L. Vice President-Segment Planning(Regulated) Officer Gardner,R.Matthew Vice President-Planning and Operations Officer Gaskill,J.Scott Vice President-Regulatory Affairs Officer Holloway,James Vice President-Nuclear Engineering&Fleet Support Officer Humberson,Karl Vice President-Offshore Wind Construction Officer Johnson,IV Augustus Vice President-Grid&Technical Solutions Officer Jones.Ann M Vice President-Operations Support Officer Lee,Adam S. Vice President and Chief Security Officer Officer Marshall,Charles Vice President and Chief Procurement Officer Officer McFarland,David M. Vice President-Investor Relations and Treasurer Officer Miscikowski,Jeffrey G. Vice President-Project Construction Officer Porada,Caitlin H. Vice President-Corporate Planning and Financial Analysis Officer Ratliff,Gary G. Vice President,Controller and Chief Accounting Officer Officer Russell,John F. Vice President and Chief Technology Officer Officer Sauer.Robert W. Vice President-System Operations Officer Scott,Kelly S. Vice President-Technical Services Officer Showalter,Alma W. Vice President-Tax Officer Snead,Rachel W. Vice President-Environmental&Sustainability Officer Stalzer,Sean Vice President-Cyber Security Officer Stites,Brandon E. Vice President-Engineering&Construction Officer Stuckey,II Jim O. Vice President and General Counsel Officer Tomabene,Amanda"Mandy'B. Vice President-Governance and Assistant Corporate Secretary Officer Waranis,Brian J. Vice President-Construction Projects(Controls) Officer Williams,Jason E. Vice President-Strategic Partnerships Officer Wright,Jr.Robert"Robbie"S. Vice President-Distribution Operations Officer Jenkins,James Harold Site Vice President-North Anna Power Station Officer Wilson,David H. Site Vice President-Surry Power Station Officer Baine,Edward H. Director Director Blue,Robert M. Director Director Brown,Carlos M. Director Director Ingram,John Controller Appointed Officer Davis,Jr.Richard M. Assistant Treasurer Appointed Officer Evans,Jonathan T. Assistant Treasurer Appointed Officer Garg,Noopur N. Assistant Corporate Secretary Appointed Officer Kurz,William J. Assistant Controller Appointed Officer Lee,Susan Assistant Treasurer Appointed Officer Miles,Morenike K. Assistant Secretary Appointed Officer Nawrocki,Alison M. Assistant Controller Appointed Officer Virginia Electric and Power Company Agenda Item 12 page 17 of 18 Mrs. • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Electric and Power Company Agenda Item 12 page 18 of 18 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #12 Virginia Electric and Power Company Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 12, Virginia Electric and Power Company. Ms. McDonald: Hi, my name is Krista McDonald. I am here on behalf of Dominion Energy. The project before you today is an expansion of an existing distribution substation. The expansion is purely required to meet safety clearances on the modern technology that we're proposing to replace within the substation. Mr. Coston: Before we move to the commissioners, do we have anyone else to hear? Clerk: There are no speakers. Ms. Byler: Ms. McDonald, thank you for being here today. I had a question for you. In our discussion we talked about, and we're grateful that the applicant has agreed to enhance the landscaping on the property for the substation, but I wanted to ask if you would also be agreeable to maintain,and I'm going to read it for you so you'll be familiar. This is condition number 11 that states: "The applicant shall replace the existing landscaping along North Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on North Lynnhaven Road as depicted by the concept plan." I'd like to add: "Additionally, the applicant shall retain a contractor to provide scheduled watering for all new vegetation during the first year of planting." Ms. McDonald: That's agreeable. Thank you. Mr. Camp: During the informal,it was not quite clear about the southeast corner. If we're on the street facing this site,this would be on the right-hand side of your driveway. On the plat,it shows two existing trees to be removed and those were the ones that had a particular concern the last time around. Do you know, are those the two very short,recently planted dead trees? Ms. McDonald: I believe they are. Mr. Camp: Rather than mature trees as was tossed around somewhere in here, these are dead trees that haven't been there very long in the first place. Ms. McDonald: I believe that's accurate. Mr. Camp: Very good. Thank you. Mr. Plumlee: I've got a question. I'm sorry, I didn't get your name. Can you say it one more time? Ms. McDonald: Krista McDonald. Mr. Plumlee: You're an engineer working on this project, is that fair? There is an McDonnell Engineering, is that you or not? Ms. McDonald: No. We have hired Burns & McDonnell engineering. I am the permitter that works directly for Dominion. Mr. Plumlee: Tell me about the nature of this expansion of the substation. I understand there's concern about vegetation, but I want to know whether there will be any additional impacts to neighbors such as noise or anything else that you could think of with regards to this expansion. Ms. McDonald: With this expansion, we are not anticipating any increased output from the station. It's purely to replace aging infrastructure within the substation, which likely dates back to the 1950s and 60s, with the modern equivalent. We don't anticipate any change to the current noise output. Mr. Plumlee: There's not going to be additional harms or any sort of increase in the electrical field that anybody should be concerned with? Ms. McDonald: No. If anything, in my experience with some of these Grid Transformation Program substations, we've actually seen greater efficiency with the newer equipment. Most of the time we've actually seen a reduction in noise output. Mr. Plumlee: I really appreciate you coming to explain that to the public so we can have that on the record. Thank you. Mr. Coston: There are no further questions. No other discussion. I'd like to entertain a motion. Ms. Cuellar: I move that we approve the modification of conditions with the revised condition number 11. Ms. Hippen: Second. Mr.Coston: It has been moved by Commissioner Cuellar and seconded by Commissioner Hippen that this item be approved. We're ready for the vote. Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes. Clerk: By a recorded vote of 11 to 0, item 12, Virginia Electric and Power Company, has been recommended for approval as modified. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. All previous conditions attached to the Conditional Use Permit for the property located at 568 N Lynnhaven Road, as of March 7, 2023, shall be voided and replaced with the following conditions. 2. The site shall be developed in substantial conformance with the exhibit entitled "Layout Plan Groveland Substation - DRAWING 0739-041", dated 04/24/2026, prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The site shall be landscaped in substantial conformance with the exhibit entitled "Landscape Exhibit Groveland Substation - DRAWING 0739-047", dated 04/24/2026, prepared by Burns McDonnell, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA-5087 (KINGS GRANT—568 N. Lynnhaven Road —Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated February 21, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. A full structural report shall be submitted during detailed site plan review. 6. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 7. Subject to federal law, the maximum height of the tower shall be 119 feet above ground level, inclusive of the lightning rod. 8. As required by Section 202 of the City Zoning Ordinance (CZO),the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 9. No signs indicating the location of this facility are allowed. 10. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 11. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. Additionally, the applicant shall retain a contractor to provide scheduled watering for all new vegetation during the first year of plantin-. 12. 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. Al AG 1 AG2 G2 AG1 Site Holly Veber Zoning 1501 Gum Bridge Road Property Polygons NOW-AM Feet 0 105 210 420 630 840 Mao created by Plannina Department on 5/15/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOLLY VEBER [Applicant] DANIEL F & MARILYN F VEBER [Property Owners] Conditional Use Permit (Assembly Use) for the property located at 1501 Gum Bridge Road (GPIN 2411826107). COUNCIL DISTRICT 2 (Henley) MEETING DATE: June 16, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for an Assembly Use to host a maximum of 10 weddings per year within an existing 10,080 square foot barn. Weddings will primarily be held during the fall from September through November, with spring dates available upon request. While the applicant anticipates a maximum of 100 guests per wedding, the final occupancy will be determined by the Fire Marshal. The proposed hours of operation are 10:00 a.m. to 10:00 p.m., on Saturdays only. The 101 required parking spaces can be accommodated on site in the grass field located directly behind the barn, as well as an 18-foot by 70-foot asphalt parking pad located to the east of the barn. ■ Considerations: The proposed use will not result in any land disturbance, require any changes to the existing well and septic systems, or impact the site's primary agricultural use as a horse farm. The proposal was presented to the Agricultural Advisory Commission on April 13, 2026. The Commission voted to support the application, but recommended an additional condition be added that the Conditional Use Permit would expire after 5 years, with an option to be renewed administratively. The Planning Commission was supportive of the recommendation, which is reflected in proposed Condition 10. A petition of support was provided with 10 signatures from surrounding properties. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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. Holly Veber Page 2 of 3 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the site as an Assembly Use. 2. Events shall be limited to no more than 10 per calendar year unless a Special Event Permit is issued from the City of Virginia Beach Special Events office, with the combined number of annual events not to exceed 14. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 3. The maximum number of attendees shall not exceed the lesser of the following: 100 per event, or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The Occupancy Load shall be posted in a conspicuous place near the main exit for every room or space that is an assembly occupancy and where the occupant load of that room or space is 50 or more. 4. The Assembly Use shall comply with all applicable Fire and Building Code requirements. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display, or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. The hours of operation shall be 10:00 a.m. to 10:00 p.m. on Saturdays only. There shall be no weddings, parties, or other similar events, and no amplified music permitted outside after 10:00 p.m. or before 10:00 a.m. 8. The portable restrooms shall not be placed on the site more than 24 hours in advance of an event and shall be removed from the site within 24 hours after the conclusion of an event. 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 Holly Veber Page 3 of 3 of Occupancy, are required before any approvals allowed by this application are valid. 10.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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (10 Signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa rtment/Agency: Planning Department City Manager: Agenda / • •licant: Holly Veber ••' Daniel F i Marilyn F Veber Planning Commission Public • CouncilCity Project Details Request Conditional Use Permit (Assembly Use) _ Staff Recommendation Approval TM Staff Planner Alexis Bailey Location I 1501 Gum Bridge Road GPIN 2411826107 - .f Site Size 34 acres AICUZ Less than 65 d6 DNL ` r, Watershed � Southern Rivers Existing Land Use and Zoning District Single-family dwelling, horse boarding &training facility/AG-1 Agricultural/AG-2 Agricultural c�M Surrounding Land Uses and Zoning Districts " North Gum Bridge Road Single-family dwelling/AG-2 Agricultural South Cultivated field /AG-1 Agricultural East Single-family dwelling/AG-1 Agricultural/AG-2 Agricultural West Single-family dwelling/AG-1 Agricultural/AG-2 Agricultural Holly Veber Agenda Item 14 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Assembly Use to operate an event venue on this 34-acre AG-1 and AG-2 Agricultural District zoned parcel. • The site currently contains a single-family dwelling, carport, shed, barn, and livestock arena. The 10,080 square foot barn will be the only structure used for the proposed Assembly Use. No exterior changes or new signage are proposed with this request. • The site is also utilized for the boarding of houses. • The applicant intends to host a maximum of 10 weddings per year, primarily during the fall from September through November and in the spring upon request. • The proposed hours of operation are 10:00 a.m. to 10:00 p.m. on Saturdays only. • The applicant anticipates a maximum of 100 guests per wedding; however, the final maximum number of occupants will be determined by the Fire Marshal. • The site is currently served by a well and septic system. To avoid potential impacts to the existing septic system, the applicant proposes to provide portable restroom facilities to serve the proposed weddings. The portable restroom facilities are proposed to be brought to the site on the day of the event and then removed the following day. • Per Section 203 of the Zoning Ordinance, an Assembly Use requires one parking space per one hundred square feet of floor area or at least one space per five (5) fixed seats, whichever is greater. A total of 101 parking spaces are required for the Assembly Use, based on the 10,080 square foot venue. The proposed 37,907 square foot parking area can accommodate up to 233 parking spaces and an 18-foot by 70-foot asphalt parking pad located to the east of the barn. Additionally, the applicant has requested that alternative parking surfaces (grass) be allowed for on-site parking. The request is supported by the Director of Planning & Community Development pursuant to Section 203(b)(5) of the Zoning Ordinance. Holly Veber Agenda Item 14 page 2 of 14 HistoryZoning # Request 1 CUP (Horse Boarding &Training) Approved -AG2 06/10/1997 AA�G2 �C 1 G1 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 • • • The request for a Conditional Use Permit for an Assembly Use is, in Staff's opinion, acceptable. The property is located within the Southern Rivers watershed and is located within the Rural Area as designated by the Comprehensive Plan. The proposed use will not result in any land disturbance, require any changes to the existing well and septic systems, or impact the sites' primary agricultural use as a horse farm. As mentioned previously, the applicant is proposing to utilize an existing 10,080 square foot barn to host up to 10 weddings per year for no more than 100 guests. The applicant is proposing to meet parking by utilizing the grass field located directly behind the barn, as well as an 18-foot by 70-foot asphalt parking pad located to the east of the barn. To minimize impacts on nearby residents and to ensure the safe and efficient use of Gum Bridge Road, staff recommends a maximum guest count of 100 attendees per event, unless a Special Event Permit is secured through the Special Events Office. This recommendation is reflected in Condition 2 and is intended to prevent potential impacts related to traffic, parking, and noise. The proposal was presented to the Agricultural Advisory Commission for their review at their April 13, 2026, meeting and the Commission voted to support the application as proposed with a recommendation for a condition to be added for 5 year administrative review of the use. Holly Veber Agenda Item 14 page 3of14 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the site as an Assembly Use. 2. Events shall be limited to no more than 10 per calendar year unless a Special Event Permit is issued from the City of Virginia Beach Special Events office, with the combined number of annual events not to exceed 14. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 3. The maximum number of attendees shall not exceed the lesser of the following: 100 per event, or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The Occupancy Load shall be posted in a conspicuous place near the main exit for every room or space that is an assembly occupancy and where the occupant load of that room or space is 50 or more. 4. The Assembly Use shall comply with all applicable Fire and Building Code requirements. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display, or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. The hours of operation shall be 10:00 a.m. to 10:00 p.m. on Saturdays only. There shall be no weddings, parties, or other similar events, and no amplified music permitted outside after 10:00 p.m. or before 10:00 a.m. 8. The portable restrooms shall not be placed on the site more than 24 hours in advance of an event and shall be removed from the site within 24 hours after the conclusion of an event. 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. Holly Veber Agenda Item 14 page 4 of 14 10. This Conditional Use Permit shall expire five (S) years from the date of approval The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan designates this site as being within the Rural Area and calls for it to remain rural into the foreseeable future. The area is not envisioned for the extension of urban services such as public water or sanitary sewer, currently or in the future. Goals for this area include the preservation and promotion of the vibrant agricultural economy, reinforcing the rural heritage and way of life, and managing rural area development and design (Comprehensive Plan, p. 113-127). ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. 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 2- 10 ADT Proposed Land Use 3-Traffic No counts are Engineering does not produce trip Gum Bridge Road available on this 9,900 ADT 1(LOS a "D") generation estimates for portion of Gum "wedding" gatherings, such as the Bridge Road. applicant proposes to host. The trip generation for each event will differ based on the number of attendees, duration of the event, Holly Veber Agenda Item 14 page 5 of 14 day of the week, and time of the event, to name just a few variables. 1 Average Daily Trips 'As defined by 34 'As defined by a 4LOS = Level of acres of AG-1 wedding venue Service Agriculture Zoning Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Gum Bridge Road, in the vicinity of this application, is considered a two-lane undivided rural street. The roadway is not included in the MTP nor are any roadway CIP projects slated for this area. 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. Public Outreach Information Planning Commission • The applicant provided a petition of support with 10 signatures of support from surrounding properties. • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 2026. Holly Veber Agenda Item 14 page 6 of 14 • 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 June 1, 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 June 12, 2026. Holly Veber Agenda Item 14 page 7 of 14 Existing Site Layout Wedding Area 4 18 x 70 Asphalt Parking Area x a: 37,907 sq ft Parking Area Holly Veber Agenda Item 14 page 8 of 14 Site Photos JIL I�.t. t SKI,, .- . xc V •" A 9b-- 71 — jjj Ire ,, s S` N li . fi gg ,figA , :,4A d _sa p r ` Holly Veber Agenda Item 14 page 10 of 14 Disclosure i , . t< BEACH Statement The disclosures contained in this form are necessary to inform public officials who nlay vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Holly Veber 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: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant, (Attoch list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO NoQ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O O cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Holly Veber Agenda Item 14 page 11 of 14 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Norne entity and/or individual) Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O 0 Engineer/Surveyor/Agent O 0 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. Holly Veber 01/29/2026 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(1)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): 5/26/2026 �(t-xis Bailey Aar& "zi,(M 5/29/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Holly Veber Agenda Item 14 page 12 of 14 Disclosure •N 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Daniel Veber/Marilyn Veber Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONo(i 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? Yeso No0 If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No If yes,name the official or employee,and describe the nature of their interest. 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 entice and/or individual) Financing(mortgage,deeds of trust, O O i cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:l 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 Plonning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Daniel F. Veber/Marilyn Veber a+ z -La-2 -� Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Holly Veber 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. Holly Veber Agenda Item 14 page 14 of 14 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #14 Holly Veber Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Then the next item on the consent agenda is Item 14, Holly Veber. Is there a representative here to speak on this? Good afternoon. Welcome. Please state your name for the record. Ms. Veber: Holly Baker Veber. Ms. Byler: Veber. Okay. Thank you. I apologize for the mispronunciation. Are the conditions acceptable to you? Ms. Veber: Yes. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none,I have asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application is for a Conditional Use Permit for assembly use at 1501 Gum Bridge Road. The site size is 34 acres. The applicant is requesting a Conditional Use Permit for an assembly use to operate an event venue on a 34-acre AG1 and AG2 agricultural district-zoned parcel. The site is also utilized for boarding of horses. The applicant intends to host a maximum of ten weddings per year, primarily during the fall from September through November and in the spring upon request. The proposed hours of operation are from 10:00 a.m. to 10:00 p.m. The applicant anticipates a maximum of 100 guests per wedding; however, the final number of occupants will be determined by the Fire Marshal. As an additional condition, the Conditional Use Permit shall expire five years from the date of approval; the renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department. 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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes,with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the site as an Assembly Use. 2. Events shall be limited to no more than 10 per calendar year unless a Special Event Permit is issued from the City of Virginia Beach Special Events office, with the combined number of annual events not to exceed 14. The applicant shall maintain an annual list of events held at the site. An up-to-date list of events shall be provided to Staff upon request to ensure compliance with this condition. 3. The maximum number of attendees shall not exceed the lesser of the following: 100 per event, or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. The Occupancy Load shall be posted in a conspicuous place near the main exit for every room or space that is an assembly occupancy and where the occupant load of that room or space is 50 or more. 4. The Assembly Use shall comply with all applicable Fire and Building Code requirements. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display, or similar signage installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 6. All lighting shall be contained on the subject property. The source of any light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. The hours of operation shall be 10:00 a.m. to 10:00 p.m. on Saturdays only. There shall be no weddings, parties, or other similar events, and no amplified music permitted outside after 10:00 p.m. or before 10:00 a.m. 8. The portable restrooms shall not be placed on the site more than 24 hours in advance of an event and shall be removed from the site within 24 hours after the conclusion of an event. 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. /yluNck 1q, 2026 DeuN /VerykhoNt, We ape PuufuHaHoly Wermt04t5 at New HuffFums uoa am uahlGty y0U t0 tU f7p0Nf l�tlJ kavbf y d8V8NU(EVCtztd' (it OUN f(41401. r wjt(u(wuya he Co/f ,rfdeNute o f youN pp('V(jCy uHd wft(uaa14ea� u�y COGiC6NW lfOl( MUlJ fiftVe K06U ON iK (fie fU(Uf4e. /nKd y, Tuduna Hoy �eheN NeyfihoNcr at. W6.�� f G uNtt 11165 Guar &idre v 11/72 G'ucN Lpi r,)?�) 29 Batt Ld 2A�kko&pt /Ylotfette talfe y2 , ; . .�Y R10 Co 0 0 3 R1O(OP) W R1O a R,1:O SANDY WOODS LN R1O ® site April A. Smith Zoning 2288 Sandy Woods Lane t: Property Polygons s Feet 0 15 30 60 90 120 Man created by Plannino Department on 5/15/2026 1A eta CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: APRIL A. SMITH [Applicant] GREGORY S. SMITH & APRIL A. SMITH [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 2288 Sandy Woods Lane (GPIN 2404498447). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: June 16, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home within a single-family dwelling for up to 12 children. The day-care will be operated by the owner, with the support of one assistant as needed. The proposed hours of operation are 7:30 a.m. to 4:30 p.m., Monday through Friday, with staggered drop-off and pick-up times to avoid traffic congestion. Except for the addition of an outdoor play area within a portion of the front yard, no exterior changes are proposed with this request. The proposed outdoor play area will be fully enclosed with pre-assembled metal fence panels. ■ Considerations: The Family Day-Care Home will provide a needed and valuable service to the community, and is considered compatible with residential uses, as stated in the Comprehensive Plan. Staff received 18 letters of support for this request. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ 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. 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. April A. Smith Page 2 of 3 4. The Family Day-Care Home shall be limited to a total of twelve (12) children, in addition to the children living in the home currently. 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. The outdoor play area shall be located in substantial conformance with the exhibit entitled "April A. Smith Outdoor Play Area," dated 4/29/2026, which has been exhibited to the City Council and is on file with the Department of Planning & Community Development. 10. The outdoor play area shall be completely enclosed with a solid structure or fence in substantial conformance with the exhibits located on page 8 of the Staff Report, 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/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 Letters of Support (18) April A. Smith Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1+0 Agenda • • • April Property •• � • Planning Commission•' • 1 Council26 V0 City • Project Details Request Conditional Use Permit (Family Day-Care Home) COV ? CO aSO,Y. --A,RO p~tiP=� G,p� H� F.ryt ,�T 6PoDGE_RD m o Staff RecommendationARD gO GREEN 0R 0 ER ? GAT ESHEAD o COVEN7 j Pik �- Approval .... �Rx+ne ' 0� WALLINGTON WAY gCCINOrRip Eg BNO Staff Planner w4Y ON p 20y EOMENTONDR Alexis Bailey0,0 Z © A y PINE -' � _ - VIEWCT WIND BRANCH_CI Location r �d V4 2288 Sandy Woods Lane — 3 GP/N TALL PINES BND T 1. 4 Z F 2404498447 .4 �P Site size WINDY PINES"NO J O 1 10,422 square feet �y �� wQ !�A ? l p AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential 0 Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-10 Residential Z ,a South SANDY WOODS LN ` !` Sandy Woods Lane Single-family dwelling/ R-10 Residential �� East :, ' Single-family dwelling/ R-10 Residential west Piney Woods Lane Single-family dwelling/ R-10 Residential April A. Smith Agenda Item 15 page 1 of 13 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home within a single- family dwelling in the Pine Ridge neighborhood. The 3,360 square-foot dwelling is located on a 10,422 square-foot parcel within the R-10 Residential District. • In addition to her three children currently living in the home, only one of which is under the age of 18, the applicant is requesting approval to provide care for up to 12 children, ranging from 1 %years of age to 12 years of age. The applicant is proposing to provide full-time care for children 1 % years of age to 5 years, and after school for children 6 years of age to 12 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 the support of one assistant as needed. The proposed hours of operation are 7:30 a.m. to 4:30 p.m., Monday through Friday with staggered drop-off and pick-up times to avoid traffic congestion. • No exterior changes are proposed to the site, and the applicant intends to utilize a portion of the front yard to provide an outdoor play area for the children. The proposed outdoor play area will be fully enclosed with a pre-assembled metal fence panels as shown in the exhibit on page 8 of the Staff Report. Zoning A # Request R10(PDN2) ��oSorY 1 REZ Approved 01/14/1985 LUP Approved 11/19/1984 1 � r2 REZ Approved 04/28/1980 RI 3 REZ Approved 05/08/1978 c R10 3 \ � R1o(OP) _ z Rl0 3 SANDY WOODS LN R�10 I 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 Ren MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance April A. Smith Agenda Item 15 page 2 of 13 Evaluation • • • The request for a Conditional Use Permit for a Family Day-Care Home is, in Staffs, acceptable. A Family Day- Care Home will be a valuable service and is considered compatible with residential uses in the Comprehensive Plan. 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. 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 is generally a complementary use to residences, as stated in the Comprehensive Plan. Staff is recommending approval of this request, subject to 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 twelve (12) children, in addition to the children living in the home currently. 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. April A. Smith Agenda Item 15 page 3of13 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. The outdoor play area shall be located in substantial conformance with the exhibit entitled "April A. Smith Outdoor Play Area," dated 4/29/2026, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 10. The outdoor play area shall be completely enclosed with a solid structure or fence in substantial conformance with the exhibits located on page 8 of the Staff Report, 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/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 Plan Information The Comprehensive Plan identifies the site as being located within the Suburban Area. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that, working together, the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-60, Policy Document), which can include the proposed Family Day Care Home use. , April A. Smith Agenda Item 15 page 4 of 13 ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historical or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Sandy Woods Lane No existing traffic No existing traffic Existing Land Use Z- 10 ADT counts counts Proposed Land Use 3-48 ADT 1 Average Daily Trips 3As defined by a 4LOS = Level of 'As defined by a single-family dwelling Service single-family dwelling and daycare Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Piney Woods Lane is a two-lane local residential street. It is not included in the MTP. No roadway CIP projects are slated for Piney Woods Lane. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water&Sewer There is an 8-inch city water main and 8-inch city sanitary sewer gravity main along Sandy Woods Lane and Piney Woods Lane. The existing residence is currently connected to city water and sanitary sewer. April A. Smith Agenda Item 15 page 5of13 Public Outreach Information Planning Commission • The applicant provided 17 letters of support for the proposal. • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. April A. Smith Agenda Item 15 page 6 of 13 Site Plan Location of Proposed Outdoor Play Area f April A. Smith Outdoor Play Area Dated : 4/29/2026 April A. Smith Agenda Item 15 page 7 of 13 Proposed Fencing vkt ,Y aq S + 3 T - a mass ■■ems . . Ja.. ., -. Site Photos = zw `�HF a `Y'"r �. r�CS t��.` ' 3-''fr��I ty�✓�'�� f� a T v`3 P^i y i R Y: e � a n a° 4 �+ a -9 A X . .. � mod+'�-;;�; -�•"Y s, t 'f � Disclosure Statement �r ►. Disclosure Statement BEACH Thy so'cs Ur+ s e n NvIad,fr; i s formcr't�".�rs:8`cni' to Jjf::ero-pJ € j w� rr€cy a rv3 Chi ,p?,t atffs??,df too whether tl e hr.��u:.a z�anfscs q�,-'�°r•,'�9;a,der vhrg.(rrss rt;�w'= omr-' tisa:r��'� �xi�G40,01 raj a3 thisf rrmnttr wIt f`arORVp4rsfi—iewt €rtj.r,rz ot�r��f�s�atcdrotters�rt#tA da'e1kwrwr �`��f Of ,s r Me f":y Of"v r�ir':"a ��.� s r zr :�:r :rctu�a by the O!y r`o'Uncs► (�r�:3r`& t�oolffi,i13�sans. cr AWFLICAM APPMA"t haw: } Is AppffcaM AWtht s(if thf':r h,t.[ ,--rCZt :o it Ali dG4 p!ium;haw a Rtp.C.+.•1,0,t r7 V cle t� ?s G''ca7.a rt��L3tr�N9,C rift r p Cos ur r s i�irlf�Sed64r5 ��„ts7 � aN} S3 Gnustrr s, rf cd Nt + o �5jt•,,��s},r�,w�y{c.�..r.�.,;�:p—...,!;�r§��} t,d';p�}�itrdrr,^xt{�:os�.-.,q �j ( } (��^' P� � �. ('.��S.l r Y�i4!f S�n L.�Y'.'�-•� C7 7 �1�I;t1.t�, �?I �6t�.r r��d�_�.�-i.�il��!,.'.�I C..0 Gati off Official t an ,tq} of the City aJ V'tr ;m C11 h.:r'L'a"Arta I,oa4'R ^s_il� s��`.inn ar ary prrr�. d ctuxuprtrrt cr,..nt+'sr tR 4n tF 3sa#' 6ti+r�r �cRlacr YS_7 NOW Bf � .r�,,, r��r.s�s �, �«<-rs� t��c =r.� aid' i�+�r'�tklre+»:t t,s,°.•.a, rr"•;. _�.� _1 t ,ftfA :The Appikoof tt jI Coe tiff WMhCf tAl fi fflg sv r"��_ S g6 f } r's' t ? arc�H s ir`ss'�It#tz t t+ �Wrd Off Me c tl;e trrt>t�. fAttnwr.ss..ir s#ariretrSAr/.,I YES NO SERIACE PROVITKA {fn+l e"�tPt !"v Cr rrfcl 3i~s r; ,. I - �. ' s �E71k r # -45 4}L ct, April A. Smith Agenda Item 15 page 10 of 13 SECTIONDisclosure Statement P . _ t nUnved SERVI CE PROVIDER r rot, �i.. the A ficar#;Pd4.-nv-(Prim; iir::t trzit air+Pa'.i?r'... r:.`.€�C.t[r1r,fSiar �^!t➢.' ,r.:.#tf7t`inj,€i�iir'43b5."rY t'lf Ft,"dr:9��c`f�r--.ro4} <:i',. s i.•[?'t q.in'?.?rt ait`a.r,SS ri ;,.`s�j�t`Y'«�s. �.i?i"r.4,<rE-tS;1'�°.t'. fr1 Y:#:it;.<:5 Au'"t t`rf93P Erb:'.°a,Ai(n!;t ,tea Im*,:��,.°:�" 3,t:'�sz4:r'�'r..�6 r.:��Iir.',:S':iS C'ss err,.s f,x6=1Cs.,,ti;;FYbi,x'i•.,v. � . ,,:Y:•Yr34„i t,+z*�•�E,r.r,>,>.,t.,a i .Yati.t r:tc"a:.: ,4..'t'�,: .,,i !e._., ri. r`tit�.' ,. �;i;.. �r.'.',S+r`r'��,3 fit;"F�,PYt`iftt's.�':.r+t �014 rITYUSE .tNM Alexis Pai(e_y_. .. _ : / t'rtrsjft��<r 5/29 202b si4ff havtjpt tOf ff Sir,ratsDAM April A. Smith Agenda Item 15 page 11 of 13 Disclosure Statement CWWNER DISCLOSURE p;r,pt ty Dwvr:irir F,3 wt. i.. i 47ak rP;r Pzlidingveehawr? Yes 0 -4 C, ',";RPT HY €'i.li:a saIaff:r'yl"rrrnploy(cryf jt`ti h nirtrrr,.tiri ,,,,7s;.ed land orany a �� Na 4"ijY°�#r.B.0�,.x .�i2r 1,.. r2( a"l�+.... . r �)•�. r .. r z..,..r.r.. r,a.a::�i. y.5�.1e ii' ♦.a .°e fr•tn..,. _ .':: .. SERVICE YES NO SERvid Pi bVIUER r nri. 'w' ui ._ Gs =_..,t „e+'v i-iaj.,, rr....... i:�i�� _.� •1 M,B L�._._..� ... ' C t .y s y { 13 1P.ROPERTY OWNER a'q✓r rp, _, ... A0.:.. i.E''f�µ"` it�r "i:oep Pelo.:�f e1 rttze7""'On tr;`;�i 7 4 ling`i;.�i 1t 'SJTf 's t.3t'E ir:7Y:<`e .'°s�tL7 :,r .' x April A. Smithil Agenda Item 15 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. April A. Smith Agenda Item 15 page 13of13 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #15 April A. Smith Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Item 15 is April A. Smith. Is there a representative here today to speak on this item? Welcome. Please state your name for the record. Ms. Smith: April Smith. Ms. Byler: Are the conditions acceptable to you? Ms. Smith: Yes. Ms. Byler: Thank you. You may be seated. Is there any opposition to this agenda item being placed on the consent agenda? Hearing none, I have asked Commissioner Schoonover to read it into the record. Ms. Schoonover: The applicant,April Smith,is requesting a Conditional Use Permit for a family daycare home at 2288 Sandy Woods Lane. This is a reasonable request and, seeing no opposition, has been placed on the consent agenda. Ms. Byler: Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. 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 twelve (12) children, in addition to the children living in the home currently. 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. The outdoor play area shall be located in substantial conformance with the exhibit entitled "April A. Smith Outdoor Play Area," dated 4/29/2026, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 10. The outdoor play area shall be completely enclosed with a solid structure or fence in substantial conformance with the exhibits located on page 8 of the Staff Report, 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/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. r } To whom it concerns, My name is Chanel Stohrer, and I am one of the parents blessed to have a child in April Smith's care at Busy Bee's Daycare. My son has been with April since September 2025, and choosing her has truly been one of the best decisions we've made as parents. As a first-time mom, leaving my baby in someone else's care was one of the hardest and most emotional things I've ever had to do. I prayed for someone who would love him, protect him, teach him, and care for him the way I do. From the very first moment I met April, I felt an overwhelming sense of peace. I just knew in my heart that my son would be safe and loved with her. April cares for each child as if they are her own. She is patient, nurturing, attentive, and genuinely invested in their growth and happiness. Watching my son flourish over the past six months has been incredible. The curriculum she has created has helped him learn and develop in ways that amaze me every single day. Her home is warm, welcoming, and always spotless -- thoughtfully set up to create the perfect environment for children to learn and grow. The regular check-ins and updates she sends throughout the day mean more to me than she probably knows. They give me comfort and reassurance while I'm away from him. Most importantly, April has created a space filled with love, patience, and safety. She doesn't just watch children — she nurtures them. She pours her heart into what she does, and it shows in the way the children adore her. I am so grateful that Steven gets to spend his days with Ms. April, and I truly hope he can stay with her until he starts school — along with any future children we are blessed with. Finding someone you trust with your whole heart is rare, and April is that person for our family. Sincerely, Chanel Stohrer Letter of Recommendation for April Smith To Whom It May Concern, We are pleased to offer this letter of recommendation for April Smith, owner of Busy Bee'z, whom we have known as both a friend and neighbor for the past ten years. During this time, we have had countless opportunities to observe her character, her work ethic, and the genuine care she brings to everything she does. April is one of the most trustworthy and reliable individuals we know. Her strong work ethic is evident not only in the way she runs Busy Bee'z, but also in the way she shows up for the people around her. She approaches every task with pride, attention, and a level of responsibility that reflects her deep commitment to doing things the right way. What truly sets April apart is her caring nature. She treats people with kindness, respect, and sincerity, and it shows in the relationships she builds and the reputation she has earned. Whether she is helping a child, supporting a neighbor, or managing her business, April leads with heart and authenticity. We recommend April Smith without hesitation. She is dependable, hardworking, and genuinely invested in the wellbeing of those she serves. Anyone who has the opportunity to work with her will quickly recognize the value she brings. Sincerely, Jenn and Steven Stohrer To Whom It May Concern, I am pleased to write this letter of recommendation for my son's preschool daycare, Busy Bee'z and provider,April Smith. Our son has been attending for nearly three years,and during that time,our family has had an exceptionally positive experience.We truly cannot imagine him being anywhere else. The daycare consistently provides a safe, nurturing,and supportive environment that meets all of our son's needs while also offering engaging, fun, and educational activities. It is clear that thoughtful care and planning go into each day.Our son has grown socially,emotionally, and academically under their guidance,and we have seen firsthand how much he has benefited from the structured learning and play opportunities provided. His health and safety are always a top priority, The provider maintains open, honest, and consistent communication with us,ensuring we are always informed and confident in the care our son receives. That level of transparency and dedication brings tremendous peace of mind to our family. More than just a safe place,this daycare has become a place where our son feels happy and excited to attend each day. He genuinely looks forward to spending time with his provider and friends,which speaks volumes about the warm and positive atmosphere that has been created. wholeheartedly recommend this daycare provider to any friend or family seeking someone who will not only meet but exceed the needs of preschool-aged children. Our experience has been nothing short of outstanding,and we are incredibly grateful for the care and commitment shown to our son. Sincerely, Meghan Langlois From: ashley lohnes ashleymlohnes@gmail.com Subject. Letter of Recommendation Date: Feb 25, 2026 at 1:56:21 PM To: momto3gtees@gmail.com To Whom It May Concern, I am writing to offer my highest recommendation for April Smith and Busy Bee's Daycare. I have known April for over 3.5 years both personally and through her work as a childcare provider. During this time, I have consistently been impressed by her professionalism, kindness,and genuine dedication to my two children and the children of others well-being. As both a friend and a parent who has entrusted them with the care of my child, I have had the unique opportunity to see firsthand the Ievel of patience, structure, and compassion that April brings to her daycare environment. She creates a warm, safe, and nurturing space where children feel supported and encouraged to grow.April handles every moment with calm confidence and true commitment to the work that she loves. This has never been a job for her, but a passion that she pours leer heart into day in and day out. For these reasons, I wholeheartedly recommend April to all friends seeking child care. If you have any questions or would like additional information, please feel free to contact me. Ashley Raducha Parent to Jack and Reese 425-343-8053 1--rol-y-i: Lee Hartson gog(,..Ab -irre led( ;--iol.clor-n ,A,ibJ1 Recommendation Letter (. - 1'.-)a:'(.e- Feb 25, 2026 at 8:11:31 PIVI Jb momto3qtees@gmail.com To whom it may concern: My children have been in Mrs. April's care at Busy Bee's for the last 4-5 years and it has been nothing short of amazing. The peace she provides knowing our children are in good hands while we work is second to none. She treats, loves, and teaches these children as they are her own and it reflects everyday. I hope she gets approved for this as she does a great job and actually cares. That kind of care is hard to find and I know that anyone that leaves their children with her can same the absolute same. Lee Hartson From: Rachelle Ingram rnrholle.ingram@coxnel Subject: Reference Letter Date: Feb 25, 2026 at 3:46:45 PM To: April Smith i-nomto "-.I)qteesCcOgmail.coi-y-i Rachelle Ingram 2285 Sandy Woods Ln,Virginia Beach,VA 23456 757-646-3269(cell) rachelle.ingran)L@grnaiIcoip February 25, 2026 Greetings: Please accept my endorsement as a reference for Ms.April Smith's Busy Bee home- based business. Ms.Smith has been a wonderful friend and neighbor for over 15 years. As a neighbor who lives across the street, I have had zero issues with Ms.Smith's business, nor have ever been inconvenienced by traffic or parking related to drop-offs. It is always delightful to observe the children playing happily in her yard involved in many activities. Regards, Al Rachelle M. Ingram William Willis III cox.r;i('.',N1' .J(,I Recommendation Letter Daix-.'): Feb 25, 2026 at 11:26:36 AM 1`6: April Smith This is a letter of recommendation for April Smith my next-door neighbor for over 20 years. Our family could not have ask for a more thoughtful and nicer neighbor. She is a hard worker and has done a wonderful job raising her children. Bill Willis 1932 Piney Woods Lane Virginia Beach, VA 23456 Subject: Recommendation - April Smith, Busy Bee'z To Whom It May Concern: I am writing to highly recommend April Smith, owner of Busy Bee'z. April and her family have lived directly across the street for 13 years and we are very close friends and neighbors. Having known April on a personal level, I can vouch for her dedication, integrity and work ethic. We enjoy watching the little children run into Ms. April's home in the morning; they seem so excited for their day at Busy Bee'z and to see Ms. April. The parents dropping off their children and picking them up are never a problem on our street, they are always very respectful. Rather, it is enjoyable to watch all the happiness. April's home is always maintained perfectly inside and out, and very safe both from the street during pickup and drop off. It is so cute to watch the children during nice weather walk hand in hand to the park or to play together in the yard. They are always safe and look so happy. April has always been an integral part of Pine Ridge and she volunteers to help with our community/neighborhood events, like Easter Egg hunts, raffles, etc. She also helps neighbors and friends, such as my recent surgery, she is just always there to help and check on me. April is truly dedicated to her home, family, and three wonderful children, now grown and very responsible. April is friends with so many people in our neighborhood. Dedicated to helping others and wanting the best for many. Our granddaughter attended April's daycare when they first moved from California. It was an easy walk across the street and Aria loved going to Ms. Aprils. It was perfect since she had just moved, and it was right after Covid lockdowns, so our little granddaughter benefited so much from April's kindness and socializing with others her age. April's set up in her home is so neat and organized with great programs planned, an adorable room with all their own baskets and even a little house replica that is decorated for each season and holiday. It is a very safe, fun learning experience for all the children (and for us adults too). April is one of the strongest, kindest people we have ever known, and we are very fortunate to have her as a close friend, and so close as a neighbor. Carol Hess Fleming 1937 Piney Woods Lane Virginia Beach, Virginia 23456 703-338-8392 Fror'n: Megan Scoggin rt'iey,..mrnscoggi1e1( Letter of recommendation Feb 25, 2026 at 4#10#17 PM 16: momto3qtees@gmail.com To Whom It May Concern, I am writing to highly recommend April Smith (Busy Beez) for any childcare position. I have known April for the past seven years as a neighbor, and she was also our childcare provider for four of those years. April is exceptionally reliable, honest, kind, and a great friend, qualities that are essential when caring for children. She has a natural ability to teach and guide children with patience and intelligence, and she consistently creates a structured, nurturing environment. April follows routines carefully, and the children respond extremely well to her—listening to directions and thriving under her care. What truly sets April apart is her extraordinary patience and composure. She handles daily routines and challenges with ease and confidence, and she is intentional about teaching children while also making them feel safe and supported. I always had complete peace of mind knowing my children were in her care. I recommend April without hesitation and am confident she would be a tremendous asset to any family or childcare setting. Please feel free to contact me if additional information is needed. Sincerely, Megan Scoggin 757-404- Catherine Nguyen Recommendation Feb 25, 2026 at 8:41 :24 PM momto3qtees@gmaii.com To Whom It May Concern: This is a letter attesting to the positive and nurturing environment at Busy Bee'z daycare owned and operated by April Smith, Our now four year old daughter Parker has benefited significantly from the almost 3 years of being with Ms. April as a full time student. Ms. April became a steadfast and loving support for Parker after the sudden decline and eventual loss of her grandmother who previously cared for her. Ms. April provides Parker, as well as all her students, a well structured day filled with instruction, art, play, and rest. Her in home daycare is clean, bright, and filled with warmth from her unfailingly cheerful spirit and compassion. We are given updates and pictures throughout the day and immediately informed of any issues such as sickness or changes of any kind. Our older children attended a Montessori program at a well established school and although we knew they were safe and their needs were being met, if we could make a different choice we would have placed them at Busy Bee'z under Ms. April's care. We appreciate you taking the time to read our sincere thoughts of and experience with Ms. April and Busy Bee'z. Catherine and Jeffrey Perez Sent from my iPhone Fro : Amanda Nichols L`> Gammie family letter D_A(",: Feb 25, 2026 at 11:00:53AM I. a momto3gtees@gmail.com To Whom It May Concern, I am writing to highly recommend April Smith and her in--home daycare, Busy Bee'z. Our daughter Amelia has been in her care and I can honestly say we could not have asked for a more loving, dedicated, and trustworthy provider. April creates an environment where the children are not only safe and cared for but truly nurtured. She keeps the kids engaged every day with thoughtful projects, structured learning activities, and a calendar full of opportunities for them to grow, explore, and learn something new. It's clear how much effort she puts into making each day meaningful. What stands out most is her heart. April goes above and beyond to make birthdays, holidays, and milestones special for each child, often putting in extra time, thought, and even personal resources to ensure they feel celebrated and valued. She treats the children as if they were her own. As a parent trust is everything, and I can genuinely say I trust April completely with my daughter. Knowing Amelia is in her care gives me total peace of mind, which is something every parent hopes for and few providers truly deliver. I strongly support April Smith and Busy Bee'z and believe she is a tremendous asset to the families she serves and to the community. Sincerely, Amanda Gammie Sent from my Phone r(, 1tr Jumi Esteban `134,A)ject: Letter of Recommendation: Busy Bee'z Daycare Feb 25, 2026 at 2:26:33 PM momto3qtees@gmail.com Jumilyn Esteban 712 Arthur Avenue Virginia Beach, Virginia 23452 757-553-6716 February 25, 2026 To the City of Virginia beach, I am writing to formally recommend Busy Bee'z Daycare, owned and operated by April Smith. My son has been under April's care since he was two and a half years old. Now, at five years old, he is a thriving, confident child due in large part to the environment she has cultivated. As a parent, the two qualities I value most are reliability and trust. From the very first day we met, April has been an unwavering pillar of support for our family. Her integrity provides us with a sense of security that is vital for our peace of mind. What sets Busy Bee'z apart is April's ability to bridge the gap between high-level education and a nurturing home environment. While her daily routine mimics the structure of Virginia Beach Public School classrooms, she maintains a level of warmth that a large institutional setting simply cannot replicate. We chose to stay with Busy Bee'z for nearly three years because it feels inherently safer, more personal, and more nurturing than a traditional school setting. The developmental milestones my son has reached at Busy Bee'z are a testament to April's dedication: • Speech Development: My son has a speech delay, and since being in her care, his speech has improved immensely. • Social & Emotional Growth: He has learned vital social skills, developed strong friendships, and understands the importance of sharing. • Behavioral Foundations: He has become a well-mannered young boy under her guidance and successfully completed potty training with her support. April provides more than just childcare; she provides a foundation for life. I wholeheartedly support her and Busy Bee'z Daycare and hope the city recognizes the incredible value she brings to our community. Sincerely, i Jumi Esteban Direct: 757-734-1742 Email: jumiestebar}@atianticbay.cam MANAGE YOUR LOAN AT. UATLAN'TIC BAY MYLOANCARE COM Atlantic Bay, Mortgage Group This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message-and any attachments. Atlantic Bay Mortgage Group, L.L.C. NMLS #72043 (www.nmisconsumeraccess.org) is an Equal Opportunity Lender. I I r : Jessica Carson IcAE:- � f c)ril 5Ca� � 1 c_o.c: c�� i I. is j c:11Letter of Recommendation Feb 25, 2026 at 12:15:28 PM l ° momto3gtees@gmail.com February 25, 2026 To Whom It May Concern, I am writing to offer my highest recommendation for Ms. April Smith as a childcare provider. As the parent of one child currently in her care and another who previously attended her daycare, I have had the privilege of knowing April for over six years. During this time, she has consistently demonstrated exceptional professionalism, integrity, and dedication to the children and families she serves. April provides a safe, structured, and nurturing environment that fosters both learning and emotional growth. She maintains a well-organized program with thoughtfully planned, age- appropriate activities that support developmental milestones across cognitive, social, and physical domains. Her understanding of child development is evident in her daily interactions, structured approach to child supervision, and the intentional way she directs and guides children's behavior. Safety is clearly a top priority in her home. She maintains a clean, organized, and child- focused environment, and she is attentive, proactive, and consistently mindful of each child's well-being. As parents, we have complete trust in her ability to care for our children responsibly and compassionately. April also demonstrates strong communication skills and professionalism in her relationships with families. She provides regular updates, addresses concerns promptly, and partners collaboratively with parents to support each child's development, Her reliability and consistency have made her an invaluable part of our family's support system. Both of my children have thrived in her care. They have shown measurable growth academically, socially, and emotionally during their time with her. The enthusiasm they display when arriving each day speaks volumes about the positive and secure environment she creates. Even years after attending her daycare, my older child continues to speak fondly of his experience — a lasting testament to her impact. I recommend her wholeheartedly and without reservation. Any family would be fortunate to have April as their childcare provider. She exemplifies the qualities of an outstanding childcare provider and would be an asset to any community she serves. Best regards, Jessica Carson Seat from Y ltoo Mail for Whone February 25th, 2026 To Whom It May Concern, We are pleased to offer our strongest recommendation in support of Mrs. April Atkinson Smith with Busy Bee'z Daycare and her application for licensure as a childcare provider. For the past three years, she has cared for our children, and in that time, she has become so much more than a daycare provider— she has become part of our family. From the very beginning, Mrs. April created an environment that is warm, structured, and nurturing. She is incredibly organized and thoughtful in everything she does. Each day is filled with intentional activities, creative crafts, and hands-on learning experiences that not only keep the children engaged but also support their development in meaningful ways. She has an exceptional ability to balance fun with structure, helping the children grow socially, emotionally, and cognitively. What truly sets Mrs. April apart is the genuine love and care she pours into her work. She makes every child feel safe, valued, and deeply loved. Holidays and special occasions are always celebrated in thoughtful and memorable ways, creating traditions and moments our children will carry with them for years to come. She consistently goes above and beyond — not just for the children, but for the families as well — communicating clearly, offering support, and showing true partnership in caregiving. We have always felt complete peace knowing our children were in her care. That sense of safety and trust is priceless. Our children have flourished under her guidance, and we are endlessly grateful for the foundation she has helped build during these early, formative years. We cannot recommend Mrs. April highly enough. Any family would be incredibly fortunate to have her caring for their children. We wholeheartedly support April's application for licensure and believe she meets — and exceeds --the standards expected of a licensed childcare provider. Any organization would be fortunate to recognize her commitment and professionalism. Please feel free to contact us should you require any additional information. With heartfelt appreciation, Alexandra & Matthew O'Donnell [h��' �� K��^�� =OM�`|�'��OUl�'\ =800 [ . ~.. . .. Carson. ��~^ ° U��~~~~. . .^.". ��... .| U�| | ^.. ��. . ..~[|.k- `�, . . U��f' ��~��^�� Letter ^�^~�/ ~.~'�. Recommendation.. . "~~" .��~°u8~~. " A�^�^ Feb �� ^��^��-� � �� .-k~. �-�� / u��u�� ~°� U U^��^�� U%'� �" ^ momto3qtees@gmail.com i `/. " , "~�, . "�~~��~��~^~~~°��. . .~°�U^~°~°. , . See attached :) Carson Davidson 15S7 Hummingbird Ln Virginia Beach,VA23454 namnnh}nignr@D&nom|ioorn 757'777'5306 2/25/2G Th Whom|t May Concern: I am writing in strong support of Busy Bee'z and its provider, Ms.April,as part of the licensing review process.My children have been enrolled in her in-home daycare,and our experience has been consistently positive and reassuring. Ms.April provides a safe,clean, and well-organized environment that is ctearLy designed with children's health and safety in mind,The home is arranged to allow for both structured (earning and supervised play,and she maintains attentive supervision of all children in her care, I have always felt confident that my children are safe,welt cared for,and treated with patience and respect. As a single-provider program, Ms.April demonstrates strong organization and professionalism in managing daily routines.She ensures that each child receives individualized attention white encouraging positive social interaction.Activities are age- appropriate andthou8htful(yp(onnodtnwupporteoriyieorningonddovo\opnnnnt.8inon enrolling, my children have shown noticeable growth in communication skills, independence, and cooperative behavior. Ms.April also maint`ins clear and consistent communication with parents.She provides regular updates regarding daily activities and developmental progress and addresses any questions prom'ptty and professioinalty. Her openness and reliability reflect her commitment to maintaining high standards of care and strong partnerships with families. Based onmoy experience, |believe Ms.April fully meets the expectations and responsibilities required of a licensed chitdcare provider.I respectfully support the approval of Busy Bee'z license and am confident that it offers a nurturing,structured,and developmentally appropriate environment for young children. Please feet free tn contact noeif any additional information ioneeded. Sincerety, 1""rorn: Lindsay Anderson Recommendation letter Feb 25, 2026 at 1:09:23 PIVI J-(): momto3qtees@gmaii.com To Whom It May Concern, We are writing this letter in strong support of Busy Beez Daycare. As parents, there is no decision more important than choosing who will care for your child, and we can confidently say that enrolling our son at Busy Beez has been one of the best decisions we have made. Our son has been attending Busy Beez since he was just one year old. From the very beginning, we have been consistently impressed by how well the daycare is run. The environment is organized, structured, and clearly managed with great attention to detail. Communication with families is thoughtful and consistent, and it is evident that April takes her responsibilities seriously. Most importantly, Busy Beez provides an atmosphere filled with genuine love and care. April treats the children as if they were her own, creating a nurturing and safe space where our son has been able to grow, learn, and thrive. We trust her completely with his wellbeing, which is the highest compliment we can give. We wholeheartedly recommend Busy Beez and support her continued operation and service to families in our city. Sincerely, Ted and Lindsay Anderson --inedt-ivaII93(�, y(ahoo.corn F ro n'i: christine duvall A N J: recommendation letter ;*1 cl D.')t Feb 25, 2026 at 1 :12:12 PM !"0- momto3qtees@gmail.com To whom it may concern, My name is Christine Williams and April Smith has been my daycare provider for about 7 years now. We started our daughter there when she was around 2 years old and she continued to be with April until she started kindergarten. Shortly after, we began sending our son to be with her as well and he will continue to be with her until he starts Kindergarten in the fall. April is hands down the most wonderful daycare provider. She is so attentive to the children in her care at all times. Not only do we love her and our children love her as a provider but she is also an incredible person all around. I have witnessed her battle personal hardships and yet she still shows up for her daycare families day after day. She is kind, loving, respectful, accommodating, and incredibly involved in the well being of every single one of her daycare children (as well as her own). I personally have never seen a daycare provider do the things she does for these kids. Every child gets a birthday gift, christmas gift, valentines gift, and easier basket. She teaches skills such as reading and writing in addition to practicing things like cutting and tracing. Both my children have been over prepared for their start in kindergarten. My 3rd grader sometimes asks to return to Aprils because she misses it so much! I have complete confidence in Aprils abilities as a daycare provider and if anyone says otherwise than I can only assume they have not had the pleasure of meeting her or witnessing the joy these kids have in her care. She is and will continue to be one of our favorite people! Thanks for taking this into consideration. Sincerely, Christine Williams aQ I I I�rr �Yh ng N ILWLOMU.e From: Beth Wetherbee To: Alexis Bailey Subject: Conditional Use Permit 2288 Sandy Woods Lane Date: Saturday, May 2,2026 2:38:23 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am writing in support of April Smith's conditional use permit for a family day-care at 2288 Sandy Woods Lane. I Live at 1929 Pine Woods Lane,across the street from April's home. Since April began caring for children in her home, I have been in awe of the amazing care she gives them.They are frequently outside on nice days, playing so well together while under April's constant supervision.She often walks them down to the park in the afternoon when it's time for parents to pick up,and quite honestly I envy her ability to keep them so well organized and safe while still having fun. I have 4 children,and I was never able to have mine disciplined enough to take them out together like that Lot. There are never more than two cars in front of her house at a time picking up/dropping off,so traffic is not a concern at all. Parents more than ever need high-quality,affordable childcare so I hope that the city allows April to continue to offer this much-needed service. If my kids were still young, I would be taking them to April. Thank you for your consideration, Marty Smith Mary E.Wetherbee 1929 Piney Woods Lane I R7.5 THOMAS LN a z R%7/.5 2 r 7. _.._—__. _ "m I KING HENRY cT STEVE LN Site Debbies Daycare LLC Zoning 757 Hilltop Road Property Polygons Feet 0 15 30 60 90 120 Mac) created by Plannina Dec)artment on 5/15/2026 o Nu '7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DEBBIES DAYCARE, LLC [Applicant] DEBORAH R NORTON [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 757 Hilltop Road (GPIN 2407496076). COUNCIL DISTRICT 6 (Remick) MEETING DATE: June 16, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for a Family Day-Care Home to provide care for up to 12 children. The applicant was advised by the Department of Education that a Conditional Use Permit was required to operate a residential day care for more than four children. In response, the applicant filed the subject request and reduced the number of children to four as permitted by-right in the Zoning Ordinance. The proposed hours of operation are Monday through Friday, from 6:00 a.m. to 5:00 p.m. The applicant recently installed new fencing in 2024 that surrounds the outdoor play area, and it is in good condition. The outdoor floor area is composed of sand and contains multiple play structures and toys. The applicant's driveway can accommodate vehicles for parents, and a condition is recommended to require pick-up and drop-off times to be staggered to avoid any potential traffic in the neighborhood, which has been the business's practice in the past. ■ 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. The business has been operating for 30 years with no zoning complaints and has not reported any issues with traffic. Staff received a petition of support with 12 signatures and 6 letters of support related to the request. Additionally, two 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. Debbies Daycare, LLC Page 2 of 3 ■ Recommendation: On May 13, 2026, the Planning Commission passed a motion to recommend approval of this item by a recorded vote of 10-0 with 1 abstention. 1. Arrival and departure tirnes 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 twelve (12) children. 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 childcare. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least 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. 10.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. 11.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 Debbies Daycare, LLC Page 3 of 3 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 Petition of Support (12) Letters of Support (6) Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting IDepartment/Agency: Planning Department City Manager: rW Agenda Applicant: Debbies Daycare Property i Deborah R Norton Planning Commission • 2026 V_B' CouncilCity f District , •• Project Details Request Conditional Use Permit (Family Day-Care Home) x a P z G J ELF SNARi RD `Zi StaffRecommendation Approval vuJNct s F ; At[TER TlNCE Q_ z KtNf,fl)WARD"' Staff Planner bRr,F ?p alILf+N CA1"bNINti to f.t - MARlk 1M .... ""{"" Kristin Bauer `ram =' f aUk£N G - 19, r� d -"'4h " MARY CT � __t THDMAS LN Mqh t � s f q}` Location XWE5TM4NSTtRIlt}Ni3� r „t STEVELN 757 Hilltop Road p Q IEE�"N VICiR1A G KING _� NARfN IN GPIN CNAR1 t s - _ z 2407496076 Site Size 5� rp L 11,872 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling/R-7.5 Residential South Single-family dwelling/ R-7.5 Residential East Hilltop Road STEVELN Single-family dwellings/ R-7.5 Residential West King Henry Court Multi-family dwellings/A-18 Apartment Debbies Daycare LLC Agenda Item 16 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home.The 1,696 square foot home is located in the Hilltop Manor neighborhood and is within the R-7.5 Residential District. • The proposed hours of operation are 6:00 a.m. to 5:00 p.m., Monday through Friday, with staggered drop- off and pick-up times to avoid traffic congestion. • The day care will be operated by the owner, with support from one assistant. • The applicant is requesting approval to provide care for up to 12 children, ranging from newborns to 12 years of age.The final number of children will be determined by the Department of Education during the state permitting process.There are no children under the age of 18 living in the home. • The applicant intends to utilize the northwest portion of the site as an outdoor play area for the children, which includes various play structures, toys, and a sand area. • The existing wood fencing surrounding the perimeter of the property has been recently installed and is in good condition. Condition 9 states that any future replacements of fencing that enclose designated play areas shall be composed of maintenance-free material. • No exterior changes or signage to the site are proposed. Zoning • No Zoning History to Report 1 R7.5 THOMAS LN A18 r O LR7.51 v 0 KING HETiRY CT s- STEVE LN Debbies Daycare LLC Agenda Item 16 page 2 of 14 Evaluation Recommendation The request for a Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion, acceptable. The proposed 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 substantiality 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 daycare 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, no more than 12 children will be permitted at any given time. The site has an outdoor play area for children, which is fully enclosed with a wooden privacy fence.To ensure the outdoor play area remains properly enclosed, staff is recommending a condition that the fencing be properly maintained, and any future replacement be composed of durable, low-maintenance, or maintenance- free material, such as vinyl or wood composite. To avoid the potential for congestion in the right-of-way, Staff is recommending a condition that pick-up and drop-off times be staggered. Additionally, Staff recommends Condition 3 to limit the number of Home Occupations to one to further minimize 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 twelve (12) children. 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. Debbies Daycare LLC Agenda Item 16 page 3 of 14 7. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 8. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least 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. 10.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. 11. 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. Comprehensive Plan Information The Comprehensive Plan identifies the site as being located within the Suburban Area. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that, working together, the stability and sustainability of the Suburban Area is ensured for now and the future (p. 1-60, Policy Document), which can include the proposed Family Day Care Home use. 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. Debbies Daycare LLC Agenda Item 16 page 4 of 14 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic No existing traffic No existing traffic Existing Land Use z— 10 ADT Hilltop Road counts are available counts are available for for this roadway. this roadway. Proposed Land Use 3-48 ADT 1 Average Daily Trips 'As defined by a 'As defined by one 4LOS = Level of single-family home unit & daycare— 12 Service children Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Hilltop Road is a two-lane local residential street. It is not included in the MTP and there are currently no CIP projects scheduled for Hilltop Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water&Sewer The property connects to city water and sanitary sewer. There is a 6-inch city water main and an 8-inch city sanitary sewer gravity main along Hilltop Rd. Debbies Daycare LLC Agenda Item 16 page 5 of 14 Public Outreach Information Planning Commission • The applicant's representative reported that they met with the surrounding residents. Staff has received a petition of support with 12 signatures& 6 letters of support, as well as two letters of opposition noting concerns with traffic, safety, noise, neighborhood character, and property value impacts. • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. Debbies Daycare LLC Agenda Item 16 page 6 of 14 Site Plan with Outdoor Area - 3 '� °rkr=-r '�`. �• art a r ,. � 1 A z� t r v r • Debbies Daycare LLC Agenda Item 16 page 7 of 14 Floor Plan 34 1 s Fr 16 Slab (�L4 AWIDO N 24 14 UTIL OOM 12 1 s Fr 3 Slab 20 112 12 4 24 757 HILLTOP RD Debbies Daycare LLC Agenda Item 16 page 8 of 14 Site • • r k Rt 3 p Debbies Daycare LLC Agenda Item 16 page 9 of 14 Site • • V k3 . r d+n tF # p e s x:+ g 4�i Debbies Daycare LLC Agenda Item 16 page 10 of 14 Disclosure • j 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. APPLICANT INFORMATION Applicant Name: as listed on application Debbies Daycare LLC Is Applicant also the Owner of the subject property? Yes©NoE• If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes Noo If Yes,name Representative: George T. Dillon III, Poole Brooke Plumlee, PC Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(DNot' 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.) Deborah R,Norton,Sole Member/Manager _- Does the subject property have a proposed or pending purchaser? Yes Nc • 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 indivi_d_uat Financing(mortgage,deeds of trust, cross-collateralization,etc.) V Real Estate Broker/Agent/Realtor O E) Disclosure Statement I rev. May-2024 page 1 of 3 Debbies Daycare LLC Agenda Item 16 page 11 of 14 Disclosure • him . . • • SERVICE YES NO ^� SERVICE PROVIDER Name entity on ar individual/ Accountin axltetum_Pre aration 0 0 Architect/Designer/Landscape ep — — Architect/Land Planner Construction Contractor _O En ineer/Surve or/ ent 0Q L gal Services Q O George T.Dillon III,Esq.,Poole Brooke Plumlee,Pc APPLICANT CERTIFICATION READ:1 certify that ail information contained in this Form is complete,true,and accurate. upon receipt of notification that the application has been scheduled f 1 understand that, ar public hearing,I am responsible for updating the in 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. Debbies Daycare LLC 7'= OA ...., w1ur Nurtor 0-et 27 2026 11 "53 E STi Applicant Name(Print) Applicant Signature T Date 1"Parent-subsidiary relationship"means"0 relationship that exists when one corporotion directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporationr See State and Coco!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 shored management or control between the business entities.Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities_" State and Local Government Conflict of Interests Act, Va.Code§2.2-3101. See 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 Debbies Daycare LLC Agenda Item 16 page 12 of 14 Disclosure PROPERTY OWNER INFORMATION Property Owner Name: a.s listed on application Deborah R. Norton Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes(D If yes,list the names of all officers,iliated directors,members,or trustees below AND businesses that have o parent-subsidiary'or of business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes() No(F) if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No if yes,name the o trial 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 EY�ES__N_0_T- SERVICE PROVIDERFinancing(mortgage,deeds ofcross collateralization,etc Name entity a�aorLndividual) .) Q v I Real Estate Broker/Agent/Realtor Q Accounting/Tax Return Preparation Q Architect/Designer/Landscape - ArchitectJland Planner Construction Contractor Q Engineer/Surveyor/Agent Legal Services • Q George T.Dillon 111,Esq.,Poole Brooke Piumlee,PC 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, !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. Deborah R. Norton '0&�%A_ Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Debbies Daycare LLC Agenda Item 16 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Debbies Daycare LLC Agenda Item 16 page 14 of 14 R7.5 R7.5 THOMAS LN i R/7.5 r R7_.5 0 -o 0 { KING HENRY CT STEVE LN ® site Debbies Daycare LLC ED Zoning 757 Hilltop Road Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 5/15/2026 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #16 Debbies Daycare, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is item 16, Debbies Daycare,LLC. Mr. Dillon: Good afternoon, Mr. Chair, Madam Vice Chair, and members of the Planning Commission. George Dillon,Virginia Beach attorney,representing the applicant Debbies Daycare with respect to its application for a Conditional Use Permit for a family daycare home located at 757 Hilltop Road, Virginia Beach. At the onset, we would like to thank Ms. Bauer and planning staff for their thorough review of this application and respectfully note that staff has recommended approval of the CUP. Staff concluded that the proposed use is compatible with the surrounding neighborhood,consistent with the Comprehensive Plan,and provides a much needed and valuable service to the community. This application involves a modest residential daycare operation within an existing single-family home which is zoned R-7.5. Importantly,the residential character of the property will remain unchanged. No exterior modifications or commercial signage are proposed, and the property will continue to appear and function as a residential home. As a matter of clarification,Mr. Chair, I believe staff informed you in the informal that there is no health department violation that was ever noted at this property. In fact, it was the Virginia Department of Education that informed my client that she needed to have a CUP as well as be licensed for any children over four. Notably,Ms.Norton has operated a daycare from this property for more than 30 years without incident, complaints, or any known adverse impacts to the surrounding neighborhood. The application before the Commission this afternoon seeks formal approval to continue that long-standing operation in compliance with all applicable city and state requirements. The daycare will be operated by Ms. Norton with the assistance of only one additional employee, her adult daughter who lives with her at the property. Enrollment will be capped at a maximum of 12 children,subject to applicable state licensing requirements as reflected in the staff report. Planning staff carefully evaluated concerns relating to traffic, parking, and neighborhood compatibility. In response, staff recommended multiple conditions specifically designed to minimize any potential impacts, including staggered drop-off and pickup times, limitations on parking, limitations on staffing and enrollment, maintenance of the enclosed outdoor play area, and most importantly,continued state licensing and city oversight. Importantly,traffic impacts are expected to remain minimal. In addition to staggered pickup and drop-off times,several of the children that will be enrolled were previously enrolled and are siblings,thereby reducing the number of vehicle trips associated with the daycare. Additionally, two children currently walk to the daycare with their parents because they are located within the neighborhood. These practical realities further reduce any potential traffic or parking impacts. Additionally, the proposed operation will be subject to the Virginia Department of Education's licensing requirements applicable to family day homes servicing 5 to 12 children. As part of that process,the Commonwealth will independently evaluate and regulate the daycare to ensure compliance with applicable health, safety,staffing,and operational requirements. Accordingly, this operation will remain subject not only to the conditions imposed by this Commission and City Council but also to ongoing state oversight and regulation. It's important to note substantial community support for this application. While two letters of opposition were received, mainly related to traffic concerns, the applicant has received 12 signatures on a community petition and six additional independent letters of support from neighbors and community members familiar with both Ms.Norton and the property. The support reflects the community's confidence that this use will operate responsibly and compatibly with the neighborhood. Importantly, once again, this is not a new or untested use. Rather, it is a long- standing neighborhood daycare operation that has peacefully coexisted within this community for decades without known incident or disruption. Ultimately,this application presents an opportunity for the applicant to continue providing vital child care services to her neighborhood and the greater community at large while maintaining the residential character and integrity of the neighborhood. With leave of this Commission, Ms.Norton would like to come up and say a few words. Ms. Norton: Good afternoon. Mr. Coston: Good afternoon. Please state your name for the record. Ms.Norton: Deborah Norton. Mr. Coston: Whatever you want to say, go ahead. Ms.Norton: I want to let you know that I have been in the home since 1987. I started my daycare then. I was able to stay home and raise my children and help many of the people of the neighborhood. They all know me as Ms. Debbie. Being a divorced single mom many of those years, it sustained me and my children. As the years went on, I got married again. I was able to keep my daycare pretty small because I had a second income. But then he unexpectedly passed away five years ago. COVID happened and my daughter lost her job and then her relationship broke up. Now she's moved in with me and we're working together. We'd like to increase the number of children for our income purposes. We have got several families that are waiting for us to get our license so they can come back. We had to let them go because we can only have four until we get the license, and there were many tears when that happened. They are waiting in the wings. I very much appreciate the approval. Mr. Coston: Do we have any speakers signed up for this item? Clerk: We have one speaker,Andrew Gibbs. There are no other speakers. He is not in the room. Mr. Coston: Are there any questions for the applicant? Mr. Camp: Thank you for coming down today. I appreciate that you've been running a daycare for, my math says 39 years. Do I understand that at one point you had more than four kids under your care? Ms. Norton: I did. I was very unknowledgeable about the requirements. Mr. Camp: How did you find out that whatever number you had was too many? Ms. Norton: When my daughter started working with me, it was really small until she started working with me, and then we took on some extras because we needed the money, and it was brought to our attention that we needed to be licensed to have more than four, and then we also needed a CUP,which I'd never heard of before. That's when we said goodbye to some people and said we'll see you hopefully in a couple months. We've been working ever since then to get things right. Mr.Dillon: I can answer that directly. The Virginia Department of Education came to her house. She allowed them in graciously. They reviewed everything. She was not issued a citation. She wasn't given anything other than "I'm sorry, you need to apply for a Conditional Use Permit and licensing," and she immediately complied. This was in February of 2026. Since then, as you can imagine,as a widow and her daughter being a single mother,this is their income,and they're going through the proper processes at this point. Mr.Camp: I appreciate that. That helps us. We're talking about an issue that's only three months old and you're already here before us now trying to get under the correct regulatory structure. Is that generally correct? Mr. Dillon: That's correct. Mr. Camp: Thank you. Ms. Byler: I have a question for you and a question for our clerk. My question for you is, apparently DOE received a complaint and that's why they came out to investigate. Do you know the nature of the complaint or why they chose? Ms. Norton: We have no complaints that I know of. Mr. Dillon: I spoke with the Department of Education. It was not a complaint. We don't know if it was someone that was disgruntled. It's anonymous; they won't tell us. I can tell you that in speaking with the Department of Education, she was not issued a citation. They confirmed that she was in compliance. Even when they went in, they were very shocked at how amazing the operations were. You've seen the pictures: brand new fence,amazing playground for the children. There was no citation issued at that time. They just said, "Ma'am,you have to reduce the number and you have to apply for a license." Ms.Byler: The speaker who had signed up but is no longer available, do we know if that speaker was in support or opposition? Clerk: They were in support. Mr. Coston: Any further discussion, questions, motions? Mr. Mauch: I'll make a motion to approve. Ms. Schoonover: Second. Mr. Coston: We have a motion by Commissioner Mauch and a second by Commissioner Schoonover. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee. Mr. Plumlee: I'm abstaining from this matter for reasons set forth in a letter with the City Attorney's office. Clerk: A recorded vote of 10 to 0 with one abstention from Commissioner Plumlee. Item 16, Debbies Daycare, LLC, has been recommended for approval. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'am X Mauch X 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 twelve (12) children. 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 childcare. 9. Any outdoor play areas shall be completely enclosed with a solid structure or fence at least 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. 10. 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. 11. 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. Letter in Support Dear Members of the Planning Commission and City Council: We, the undersigned,are owners of residential properties located adjacent to,or within the immediate neighborhood of,757 Hilltop Road,Virginia Beach,Virginia 23454(the"Property"). We are aware that Deborah R. Norton(the"Applicant")has submitted an application for a Conditional Use Permit("CUP')to operate a Family Day Home at the Property,providing care for up to twelve(12)children. We write to express our full and unequivocal support for the Applicant's request. Ms. Norton is a long-standing,trusted member of our community with decades of childcare experience.We believe the proposed Family Day Home will be a valuable asset to the neighborhood,providing a needed service in a responsible and community-oriented manner. Based on our familiarity with the Applicant and the nature of the proposed use,we do not anticipate any adverse impact on the character,safety,or enjoyment of the surrounding neighborhood. Accordingly,we respectfully request that the Planning Commission and City Council approve the requested Conditional Use Permit. Owner's Name PEpSgrty Address Residential Commercial 2. 3. CC 6..aZ . �► C t'v.t1 7tr�� n l 110� �`.r, Y 4. e- f 5. i If � 6. tic, 1 TEiv_ `1 ,1 8. 9. �2tX 10. ; pie 0116)1 544 ,O ` ULill . From: Ryan Becka <ryansinchvb@gmail.com> Sent: Monday, May 11, 2026 8:45:44 AM To:the_logan69@hotmail.com <the_logan69@hotmail.com> Subject:Thankful for the neighborhood daycare To whom it may concern, I feel very blessed to have a daycare in our neighborhood. It makes life very easy to walk down to drop my child off, even if it rains I have never had an issue with multiple cars or congestion on the road because of them. I drive the road everyday whether my child is there or not and have NEVER had an issue with traffic. They area wonderful and caring daycare. It is so nice to have such flexibility and affordability so close to home. Please don't take this wonderful opportunity away from my child, she Loves it there. Thanks, Ryan Becka 757-642-4256 1840 Steve ln. From: Rachel Wasson <rl.wasson522@gmail.com> Sent:Thursday, May 7, 2026 3:05:43 PM To:the_logan69@hotmail.com <the_logan69@hotmail.com> Subject: Letter Hi. My name is Rachel Wasson. I both live in the neighborhood and use the services of both Mrs. Debbie and Ms. Melissa and their daycare.Their daycare is convenient, as I am able to walk my daughter there.There is never a problem with the traffic coming through the daycare as I am coming or going and I have not seen it create a problem in the neighborhood since I moved here 12 years ago. They have been a reliable, affordable, and safe place for me to take my three-year-old. I trust them wholeheartedly to take care of my child. Rachel Wasson (757)293-4140 1873 Wolfsnare Rd Virginia Beach,VA 23454 From: Beth Gleason <bs0756@tive.com> Sent:Thursday, May 7, 2026 9:59:16 AM To: the_logan69@hotmail.com <the_logan69@hotmail.com>;the_logan69@hotmail.com <the_logan69@hotmail.com> Subject: Deb's Daycare To Whom it may concern: have lived across the street from Mrs Norton for over 30 years. I have never been inconvenienced by parking issues or noise from the daycare. This daycare will have the same number of children . I have no objections to the daycare being my neighbor. Sincerely, Elizabeth Gleason 756 Hilltop Road Docusign Envelope ID:E8110E82-755A-89BO-8122-OAF26489A1D6 To whom it may concern, I have been a neighbor of Deborah Norton's for 5 years and her daycare has never been an issue for me. She provides a great service to the families, and it would be a good thing for the daycare to stay open.Traffic to and from her home has never been a nuisance and has not affected me in any negative way. I believe that continuing the business would be beneficial to the children and parents that use her for watching their children. Please let me know if there is anything else I can help with.Thank you for your time. Thankyou Robert Cameron 769 Hilltop Rd.VB 23454 TI W. 5/10/2026 O OIM20C... From:Tyia Maness <tyiamaness@gmail.com> Sent: Sunday, May 10, 2026 12:36:41 PM To:The_logan69@hotmail.com <The_logan69@hotmail.com> Subject: Daycare To whom this may concern, I have lived down the street from Mrs. Norton for over 10 years and not once have I had a problem with getting in or out of my driveway or not being able to access my street, let alone the neighborhood.There are no traffic issues or congestion whatsoever as a result from the operation of the daycare in her home. She has always been a very pleasant neighbor, and I have no problem with the daycare operation at all. Thankyou, Tyia Maness Thomas Lane,VB 23454 9 MAY 26 From: CDR Matthew B. Roy, USN,Retired To: City of Virginia Beach Planning Commission Subj: LETTER OF RECOMMENDATION ICO DEBBIE'S DAYCARE 1. Ms. Melissa Logan and Ms. Deborah Norton have my complete support for establishing, conducting, and managing their daycare business, Debbie's Daycare,on Hilltop Road. 2.Melissa and Deborah have been my neighbors for almost three years. My family and I moved into the house next-door to their residence in July 2023. During that time they have shown themselves to be polite, considerate, and thoughtful neighbors who have a positive impact on our street and neighborhood. Based on how they have conducted themselves since we moved into the neighborhood, I have no concerns regarding additional traffic,parking, congestion, or noise due to their business. 3. As their immediate neighbor who shares a fence with Melissa and Deborah, I have a vested interest in how Debbie's Daycare operates. I am confident, after having lived next to Melissa and Deborah for close to three years,that they will continue to be great neighbors who will prioritize the safety of the children in their charge while minimizing the impact to their neighbors. 1v/0 !�► M. B. ROY 761 HILLTOP ROAD VIRGINIA BEACH,VA 23454 From: thear hak To: Kristin A.Bauer Subject: Opposition to Debbie"s Daycare LLC at 757 Hilltop Road Date: Monday,May 4,2026 7:24:02 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Bauer and Members of the Planning Commission, I am writing to express my strong opposition to the application by Debbie's Daycare LLC to operate a residential daycare for up to 12 children at 757 Hilltop Road. As an adjacent neighbor, I recognize the need for childcare services in our community. However,this specific location presents significant concerns regarding traffic safety, congestion, and compatibility with the residential character of our neighborhood. Hilltop Road serves as both a local street and a heavily used cut-through route.Drivers frequently exceed the 25 mph speed limit,and the existing roadway dip is ineffective at calming traffic. Adding the vehicle trips associated with drop-offs and pick-ups for 12 children would substantially increase congestion and safety risks during peak hours,particularly for those entering and exiting the property. While I have accepted informal, small-scale babysitting at this address for decades,approving a formal permit for a commercial-scale operation represents a significant change.A daycare of this size constitutes a full commercial use that is inconsistent with our low-density, single- family residential zoning. The resulting increases in traffic, noise,and parking demand would negatively affect the neighborhood's character and potentially impact surrounding property values. I respectfully request that the Commission direct high-intensity uses to more appropriate locations, such as properties along major roads or commercially zoned areas with dedicated parking and better traffic infrastructure. Please include this letter in the official record for the public hearing. 1 urge the Commission to recommend denial of this application. Thank you for your time and consideration. Sincerely, Thear Hak 749 Hilltop Road Virginia Beach, VA 23454 thear.hak.a,gma i l.com From: Towler.Paul To: Kristin A.Bauer Subject: 759 Hilltop zoning opposed Date: Monday,May 4,2026 10:49:39 AM Attachments: scan20260504 0003.odf 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. April 27, 2026 To: Kristin Bauer, Staff Planner Planning Department, Building 3 Municipal Center, 2403 Courthouse Drive Virginia Beach, VA 23456 Subject: Strong Opposition to Accela Record 2026-PCCC-00045 (Debbies Daycare LLC at 757 Hilltop Road) Dear Ms. Bauer and Members of the Planning Commission, I am writing as a directly adjacent property owner to formally state my strong opposition to the application filed by Debbies Daycare LLC to care for up to 12 children at 757 Hilltop Road. While I have been a supportive neighbor of the applicant's small-scale sitting services for the last 20 to 30 years, I cannot support the commercialization and expansion of this operation within our quiet, residential neighborhood. I urge the Planning Commission to deny this request based on the following critical concerns: • Severe Traffic Impact: Hilltop Road is already heavily utilized as a cut-through for local traffic. Transitioning this property into a commercial daycare will require daily drop-offs and pick-ups for up to 12 children. This added concentrated traffic is equivalent to adding 12 new single-family homes to our street, creating gridlock and safety hazards. • Loss of Residential Character and Property Value: Operating a commercial facility of this scale directly impacts the aesthetic and peaceful nature of our street. Living next to a high-capacity commercial operation drastically lowers the curb appeal of adjacent homes, which will directly decrease our property values. • Appropriate Commercial Alternatives: If the applicant wishes to expand their business scale to generate additional revenue,they should lease an appropriate commercial retail space designed to handle the traffic, parking, and safety requirements of a large daycare. A quiet, single-family residential street is not the place for this. I have gladly tolerated informal, small-scale babysitting at this location for decades, but granting a formal permit to increase the scale to 12 children crosses the line from a neighborly service to a full-scale commercial business. Please include this letter in the official record for the public hearing and recommend denial of this application to preserve the safety and character of our neighborhood. Sincerely, Paul Towler Owner 740 Hilltop Rd 757-362-2126 ptowler aagmail.com Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. c T 82 u z O NKERS LN .� 6A B2 r r Z �� NDugTR�AL PARK RID S2 N n O P v o°NN o� ooNNP `P O U �NNp Ott� yam. ® site First Colonial Development, LLC Zoning 601 Nevan Road Property Polygons S Feet 0 40 80 160 240 320 Mao created by Plannina Department on 5/15/2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIRST COLONIAL DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Motor Vehicle Sales and Rental (Low Speed Vehicles)) for the property located at 601 Nevan Road (GPIN 2407882294). COUNCIL DISTRICT 6 (Remick) MEETING DATE: June 16, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and Rentals to rent and sell low-speed vehicles on this 105,800 square foot B-2 Community Business District zoned parcel. The site currently contains a vacant office building, which will be retained and reused. The proposed hours of operation are 10:00 a.m. to 5:00 p.m. daily, with a total of 10 to 15 employees. Site improvements include restriping the parking lot and installation of new landscaping along Nevan Road and Donna Drive, the building foundation, and the vehicle display area. Adequate parking is available on site to accommodate employees, customers, and vehicle display. All low-speed vehicles, whether rented or purchased, will be delivered directly to the customer or, if picked up by the customer, will require a trailer, as no low-speed vehicles will be permitted to be driven off the lot. Any test drives will be performed solely within the site's parking lot, with no off-site test drives permitted. ■ Considerations: The subject site is located within the Hilltop Strategic Growth Area Master Plan, which designates this area for non-residential, pedestrian-oriented mixed-use development. The proposed use is in keeping with the auto-oriented uses and landscape of the district today and is deemed appropriate as an `interim use' until the surrounding area begins to redevelop, consistent with the recommendations of the Hilltop SGA Plan. Since the proposed use does not align with the vision outlined in the Comprehensive Plan for this area, staff recommended a five-year expiration on the Conditional Use Permit, should it be approved. At the Planning Commission hearing, the applicant requested that the Commission modify Condition 1 to allow for a two-year administrative extension option. The Planning Commission was supportive of the request, as is reflected in the modified Condition 1 below. The Commission further clarified that any future extension of the CUP should consider any redevelopment within the SGA that progresses the overall vision for the area. First Colonial Development, LLC Page 2 of 3 Although the use is not compatible with the recommendations of the SGA plan, it will reactivate a vacant site, and the proposed landscaping will improve the overall aesthetics of the area. Additionally, the applicant has agreed to install bicycle parking per the recommendations of the Department of Parks and Recreation. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 13, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action with a two-year administrative extension, subject to the development progress in the area. To continue the Motor Vehicle Sales and Rental use after such expiration, a new Conditional Use Permit shall be obtained. 2. The site shall be developed in accordance with the conceptual plan entitled "601 Nevan Road Concept Plan", prepared by Kimely Horn and Associates, dated March 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No vehicles for sale or rental shall be parked outside of the designated display areas, and display area landscaping shall be depicted as shown on the site layout entitled "601 Nevan Road Concept Plan", prepared by Kimley Horn and Associates, dated March 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. A subdivision plat must be submitted and approved within three hundred and sixty-five days of City Council approval. 5. The sale and rental of vehicles on the site shall be limited to low-speed vehicles. 6. The hours of operation shall be from 10:00 a.m. to 5:00 p.m., seven days a week. 7. No parking of any vehicles shall be permitted within the right-of-way. 8. All vehicles for sale or rental shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. First Colonial Development, LLC Page 3 of 3 9. Vehicles in a state of obvious disrepair shall not be stored outside of the building. 10.Test driving of vehicles for sale or rent shall only be done on site. 11.There shall be no storage of tires, equipment, parts or debris of any kind outside of the building. 12.No outside paging or amplified music system shall be permitted. 13.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. 14.The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Department of Planning & Community Development, if one is required after their review, before the business license is issued. 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 Applicant and Property Owner: First Colonial Development, LLC Planning Commission Public / CouncilCity . '- Project Details Request Conditional Use Permit (Motor Vehicles Sales and Rental (Low Speed Vehicles)) o ! Hi1ftop Ea# D Z= Staff Recommendation os E'XE10ysvesc o f o r%{ �I f Approval l MarketFiacea Hit@aF ;-' m _ .L. se Staff Planner Ba s =r Alexis Bailey =_l 11 ' H19foV F{a;an r - y"� a Location oR ; -DONNE 601 Nevan Road GPIN ox .A�m o Z 9N m 2407882294 Site Size p��°�r 1�o e ""�-w V n�. OARS 105,800 square feet =° SEPo 2y 264 WjWETT = ST 2� - 3 -—HILLMEADOW CT A/CUZ Greater than 75 dB DNL Watershed p Chesapeake Bay Existing Land Use and Zoning District Former office/ B-2 Community Business <� p Surrounding Land Uses and Zoning Districts `- t North Retail / B-2 Community Business South Donna Drive N Retail / B-2 Community Business East Nevan Road Nightclub/ B-2 Community Business West Retail / B-2 Community Business First Colonial Development, LLC Agenda Item 17 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and Rentals to rent and sell low-speed vehicles on this 105,800 square foot B-2 Community Business District zoned parcel. • The site is located within the Hilltop Strategic Growth Area (SGA) and the greater than 75 dB noise zone. • The site currently contains an 8,576 square foot vacant office building, which will remain. • All low-speed vehicles, whether rented or purchased, will be delivered directly to the customer or, if picked up by the customer, will require a trailer, as no low-speed vehicles will be permitted to be driven off the lot. • Any test drives will be done within the site's parking lot, and no off-site test drives will be permitted. • The proposed hours of operation are 10:00 a.m. to 5:00 p.m., daily, with a total of 10 to 15 employees anticipated to serve the business. • Section 5A.4 of the Site Plan Ordinance requires a minimum of 12 percent of the display area to be planted, which would equate to approximately 321 square feet for this proposal. As shown on the submitted conceptual plan, a total of 360 square feet of landscaping is proposed. • There are no modifications to the exterior materials proposed. • The site 601 Nevan Road, was created by deed when a subdivision plat would have been required to create these parcels. A subdivision plat must be submitted to legalize this parcel for development. • Per Section 203 of the Zoning Ordinance, automotive sales and rentals require one parking space per nine hundred (900) square feet of floor area. The proposed 8,576 square-foot building requires ten parking spaces. The existing parking area is to remain and be re-striped for a total of 83 parking spaces, 15 of which will be for employees and the remaining 68 spaces for customer use. A 2,675 square foot area will be utilized for parking of 10 to 15 display vehicles. First Colonial Development, LLC Agenda Item 17 page 2of14 Zoning # Request Ro , 4 NON Approved 09/16/2025 1 1 SVR Approved 05/11/2004 B2 CUP (Car Wash Facility) Approved 08/27/2002 2 ~ 2 CUP (Body Piercing Establishment) Approved N�BPNK�RstiN Z 06/20/2023 6 -? B2 c 1A�pARKRo 3 CUP (Tattoo Parlor) Approved 06/21/2022 8 0= 2 �N�usTR B2• 4 CUP (Automobile Repair Garage) Approved B2 10/15/2019 CUP (Bulk Storage Yard)Approved 08/21/2018 5 CUP (Automobile Repair Establishment) 00NNpvR 3 Approved 11/20/2015 5 B2 6 CUP (Automobile Repair Garage) Approved 12/08/2015 62 \ 1 7 MDC Approved 04/28/2009 CUP (Tattoo Studio) Approved 09/23/2008 F-81 CUP(Church) Approved 10/24/1995 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 EvaluationRecommendation In Staff's opinion, this request for a Conditional Use Permit for Motor Vehicle Sales and Rentals for the sale and rental of low-speed vehicles is acceptable, as an interim use. The subject site is located within the Hilltop Strategic Growth Area Master Plan, which designates this area for non-residential, pedestrian-oriented mixed- use development. The proposed use is in keeping with the auto-oriented uses and landscape of the district today and is deemed appropriate as an 'interim use' until the surrounding area begins to redevelop, consistent with the recommendations of the Hilltop SGA Plan. As such Staff is recommending a five-year time limit. In addition to satisfying the display area landscaping requirement, the conceptual landscape plan includes improved landscaping along the Donna Drive and Nevan Road frontages, as well as parking lot and building foundation landscaping. Although the site will be utilized largely as is, the improved landscaping will greatly improve the overall site aesthetics. Additionally, the applicant has agreed to install bicycle parking per the recommendations of the Department of Parks and Recreation. First Colonial Development, LLC Agenda Item 17 page 3 of 14 The applicant has provided example sign renderings, which include a building-mounted sign and door signage, both of which will require separate sign permits. In Staff's opinion, this use will not be detrimental or negatively impact adjacent properties. Based on the considerations above, Staff recommends approval of this request, subject to the conditions below. Recommended Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action with a two year administrative extension subject to the development progress in the area. To continue the Motor Vehicle Sales and Rental use after such expiration, a new Conditional Use Permit shall be obtained. 2. The site shall be developed in accordance with the conceptual plan entitled "601 Nevan Road Concept Plan", prepared by Kimely Horn and Associates, dated March 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. No vehicles for sale or rental shall be parked outside of the designated display areas, and display area landscaping shall be depicted as shown on the site layout entitled "601 Nevan Road Concept Plan", prepared by Kimley Horn and Associates, dated March 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. A subdivision plat must be submitted and approved within three hundred and sixty-five days of City Council approval. 5. The sale and rental of vehicles on the site shall be limited to low-speed vehicles. 6. The hours of operation shall be from 10:00 a.m. to 5:00 p.m., seven days a week. 7. No parking of any vehicles shall be permitted within the right-of-way. 8. All vehicles for sale or rental shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. Vehicles in a state of obvious disrepair shall not be stored outside of the building. 10. Test driving of vehicles for sale or rent shall only be done on site. 11. There shall be no storage of tires, equipment, parts or debris of any kind outside of the building. 12. No outside paging or amplified music system shall be permitted. 13. 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 First Colonial Development, LLC Agenda Item 17 page 4of14 obtained from the Department of Planning & Community Development for the installation of any new signs. 14. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Department of Planning& Community Development, if one is required after their review, before the business license is issued. 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. Comprehensive Plan Information The Comprehensive Plan designates this site as being within the Hilltop Strategic Growth Area (SGA) which calls for nonresidential mixed use in the area (p. 1-48, Comprehensive Plan 2016 Policy Document). Nevan Road is designated as an important north/south connection through the heart of the Hilltop SGA through providing "planting strips, sidewalks, and crosswalks for safe and efficient access to retail amenities" (p. 23, Hilltop Strategic Growth Area Master Plan). 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. First Colonial Development, LLC Agenda Item 17 page 5of14 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-0 ADT No recent traffic No recent traffic counts Existing Zoning: 825 ADT based on Nevan Road 1.5 acres zoned B-2 counts available available Proposed Land Use 3-240 ADT based 1 Average Daily Trips 'As defined by an 1.5 3As defined by 8,600 4LOS = Level of acres of vacant B-2 sf auto sales Service zoning Master Transportation Plan(MTP)and Capital Improvement Program(CIP) The site is located off Nevan Road, which connects to Donna Drive and Laskin Road. Nevan Road is a four-lane divided commercial collector roadway and there are no plans to improve this roadway. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water The site currently connects to city water. There is an 8-inch city water main along Donna Drive and a 10-inch city water main along Nevan Road. Sewer The site currently connects to city sanitary sewer. There is an 8-inch private sanitary sewer main onsite. First Colonial Development,sLLC Agenda Item 17 page 6 of 14 Public • • 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. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. First Colonial Development, LLC Agenda Item 17 page 7 of 14 D 601 NEVAN R .. s.r r 1 cr-P raw CONCEPT PLAN VIRGINIA BEACH, VA -- _-___.,_ NEv.AN FI(Jh LXXdNA OR — _ PRELIMINARY SITE DATA • ! � I' I I- �"-' - - _-., PARCEL GPIN:240711E3295000p I � � ADOFiE55.201 NEVAN ROAD, f I - VIRGMA BEACH.VA230SI PROPERTY OWNER.WEEKS HRTDP5HARE LLC PROPERTY CLASS-COMIERCALIMDUSTRIAL T EJL ICNING:B2-CONNUMTY BUSINESS pSTRICT ryQ J ,i PR.ZONING:02-COEOUOTY BUSINESS DOTRICT ZOMED 8 2 iT� j ACREAGE 243AC(106.0005F-) f 70SIINC USE' I ' - EXISTING SUILDMG:0,574 S.F. 4 FESTAJRMT 1 I. I I I I I PARKING B t PARKING REQUIRED II SPN00 SF.): 10 SPACES TOTAL PARKING PROVIWD: 13M CF3 TOY 9 ,x. I CUSTO66ER SPACES PROVIDED: 63SPA CES2 EMPLOYEE SPACES PROVIDED: 16SPACEI! II Y AREA PRDVDED: 2673 SF S / I BURDIMG SETBACKS FRONT. 35 FT(NEVAN RD) SIDE: 06 FT(OONMA DR S BANKERS LN( REAR DFT `SITE IS LOCATED IN THE HLLTOP BOA PARKING LOT SETBACKS. (�• TY///I - FRONT ADJACENT TO ROW 10 FT(NFVAN RD) SIDE ADJACENT TO ROW: 10 R(DONNA DNI C Si H.^.C]RNNf.I REAR OFT _C I RE— ' [J5i0NE3"A"(NC ( � LANDSCAPING ` (rr DISPLAY AREA SCREENING REQUIRED: 2011E}B 1 112%OFDISKAYAHEAI 3215.1. _N EN I I SHDPPP,GCNTER pp d=+.�. ,,.,, �`� I #,:1, DISPUYAPEX SCREFNINO RIDVIDEp 1003T - 1 'OIER 3-2 } x: A" I -x STD:I,'.sF.f ` ' I _NSTRC IAWSE. COAVEPTLAIAOSaVE ANDONG r0 NLYNv P (I FE AUt LSiHID PLANT SCHECULE '. ,., is ,, ��•�f LIn II .Pii •:.u t •._ �.y - •T ,.t T• OTANK.A1 MMrE: ` � S 515 "'A AaKULu.u.s<•aE 411E inn .nll I:hIFLn I ^✓� m - - \ �HIFP era r ErxE rt sH Bs _. E asTw use _eI � auawrmrwa .. sNc=Nxc rnr�R y. ' .I .�,a 91.nw>•a F .aL �MNw,w K u.2 E .:.. y' � IPt � �,• rv%.a4re_ 1,_ �_+xwlu�w n ,..'Fn.0 L ir.o-.ur rl n. v .. : :.. _.___ -.._ ______ <MS Min.N�lrogaaAi J I•.MN v r T �p ID]l Nemro.RERE .nM...rl.fv..y{, yM111b IF5> 'y (D `Y M Q ��C��p� Main � Kimley>>>Horn 010(D Ol OAZ; G/25/2C26 O �-+ -'' 3 r N N r � V f7 Example For Illustrative Purposes for Signage :b 7T�K0 a g"SAS;fit x g , a • .tl t • � 11 For Illustrative Purposes for Signage First Colonial Development, LLC Agenda Item 17 page 9 of 14 S� Site Photos ----------------------------------------------- ,Tom- ,Wof .. .a.• t .. E< p e on First Colonial Development, LLC Agenda Item 17 page 10 of 14 Site Photos First Colonial Development, LLC Agenda Item 17 page 11 of 14 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application First Colonial Development, LLC Is Applicant also the Owner of the subject property? YesO No® if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(D No® If yes,name Representative: Kimley-Horn Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesG)No® If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity,'relationship with the applicant.(Attach list if necessary.) Wick Smith Does the subject property have a proposed or pending purchaser? Yes No Q9 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. I j 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 Servis First Bank cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 O Thalhimer, Inc Disclosure Statement I rev. M a y-2024 page 1 of 3 First Colonial Development, LLC Agenda Item 17 page 12 of 14 Disclosure SECTIONAPPLICANT-DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation - Architect/Designer/Landscape O O Finley Design Group Architect/Land Planner Construction Contractor O ® Hemmis Construction Engineer/Surveyor/Agent O O Kimley-Horn i Legal Services ID O Eastern VA Law Group 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. Wick Smith 05/26/2026 Applicant Name(Print) A icant 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 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): 5/2612026 Alexis Bailey %1 azi - 5/29/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 First Colonial Development, LLC Agenda Item 17 page 13 of 14 I M-- 0 • 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. First Colonial Development, LLC Agenda Item 17 page 14 of 14 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #17 First Colonial Development, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our final item is item 17, First Colonial Development, LLC. Mr. Schmidt: Sorry to pull this off consent and keep you all around a little bit longer. My name is Greg Schmidt with Kimley-Horn. I'm the agent for the applicant for 601 Nevan Road. This particular project is largely an adaptive reuse of an existing site. We're trying to get, as staff had, an intermediate use into that facility to bring some revenue and to bring some services to the community members located within Virginia Beach. The site itself will be developed as a golf car or low speed vehicle sales center. There will be rentals, as was mentioned in the informal and in the staff report. The rentals and sales are both trailered off of the site. The conditions clearly state where test drives and how that transaction is to occur to prevent any traffic violations from customers. This particular tenant is Botera Golf Carts. This will be their first facility in Virginia. They have 20 other locations up and down the East Coast in similar atmospheres, Myrtle Beach, other beach towns, and larger metropolitan areas. As was discussed and shown on the site plan, we do plan to invest a fair amount of money into enhancing the landscaping. While the building will simply be freshened up,there will be interior renovations to make it a more usable sales floor for the low speed vehicles. There are particular investments in where we're locating the sales vehicles outside on the site, the enhanced landscaping to be in code compliance with that display area, and some additional landscaping along the street frontages, the building frontage, and the adjacent parcels to bring that more into conformance with the latest versions of the Zoning Ordinance. Not to belabor why we requested it be pulled off of consent and discussed here, there is one condition in particular,condition number one,that we wanted to have a discussion about,and that's related to a five-year clause to come back and reapply for a Conditional Use Permit. We have a seven-year term lease with our tenant. The simple request would be that we extend the five to seven so we can live out the life of the investment that is going into the property and for the sake of the tenant into their inventory. I think there are some other ways we could work it to be favorable,but I think at this point we're hoping that we can agree that at the seven-year term of the lease, if we wanted to continue operations, we would come back and reapply. This is something that consistently has been recommended by staff across other SGAs, and the time ranges have somewhat varied depending on the SGA and where it is and what development applications are seen coming forth. With that, I'll pause for questions,but that is our ask and why we requested to be pulled off of consent. Ms. Byler: Thank you for your explanation. I appreciate your candor. I'm not going to tell you how they should run their business. I understand you're with Kimley-Horn, you're not a representative actually of the business but of engineering. There are some significant points to what you've shared with me. There is not a big capital outlay on this. There's some landscaping, some new signs, some interior renovation,painting, carpet, whatever. But this is not a big capital outlay. Every time we go against our SGA and our Comp Plan, we are delaying the progress of the city and we're delaying the future. That's a big site prime for redevelopment, and when we take a small section of it and tie it up, it delays redevelopment of the whole area in my opinion. I presume that their lease is predicated upon getting this Conditional Use Permit. Why don't they go back to their landlord and renegotiate the terms of the lease and say we need a five-year lease instead of a seven-year lease? That makes more sense to me than coming to the city and asking us to delay progress. I personally will not support seven; I will support five, but I do it hesitantly because I know when I do that, I'm holding up the progress of the city. Mr.Schmidt: Our particular applicant is a contract purchaser for some of the other parcels. We've been in close coordination with the owner of Las Palmas, who is also a direct adjacent business owner on that block. The applicant does intend to do other by-right improvements that are largely in conformance with the SGA. This is an intermediate use for this particular property. I can understand the consistency and sentiment with the SGA, but this is part of a bigger plan. The applicant is local. We're trying to do something that is good for Hilltop for the foreseeable future. Larger redevelopment opportunities and assemblages often take more than five years alone to pull together and accomplish. Ms. Byler: I do appreciate that they're taking an empty building and making something positive out of it. I really do appreciate that: putting it back on the tax rolls and making it look better. All of that is positive. But my question is, instead of coming to the city and asking for a longer Conditional Use Permit,why don't they go to the landlord and ask for a shorter lease? Mr.Schmidt: Understood. I can't answer that directly. I do have the applicant here if they would like to speak to that. Mr. Camp: When we went on the site visit,the same issue came up. What we were told by staff was that the investment in the facility was nominal, but it was not going to involve a lot of rework of the site. You've referenced a couple things. I'll try to make it easy and ask a question. Is your client,please describe the nature of the investment that your client is intending to make on this site so we can properly weigh that against the extension of years to amortize that you are asking for. Mr. Schmidt: In the grand scheme of what we're trying to do here, the interior renovation, the landscaping,there will be some pavement removal to facilitate the landscaping,there will be some pavement improvements, re-striping. All said and done, we're still talking order of magnitude probably three to four hundred thousand dollars of investment in the property alone. The inventory that the tenant plans to keep on site,which is their capital investment,they would probably have a similar three to four hundred thousand dollars of inventory on site at one time. Mr. Camp: To be clear, I was asking about the site itself. You've helped me understand that an investment in the site of three to four hundred thousand dollars should that be given a five-year term or a seven-year term for the public purposes that Vice Chair Byler has described as countervailing. Ms. Hippen: My question ties in with Commissioner Byler. You answered part of it, but you didn't answer the question: is the lease contingent upon getting this application approved? She asked why don't you go back and ask for a five-year lease? Are you tied into a seven-year lease right now, or is it contingent upon the application? Mr. Schmidt: Since I am not a real estate professional, if I could call in the applicant to come up and speak on that. Mr. Smith: How's it going? My name is Wick Smith. I am the applicant with First Colonial Development. I can answer your questions about what we're doing, how much money we're spending, and how it's all tied together. To answer your question about the seven-year term, that was a lender requirement. We had this as the first phase. We're under contract on a couple of parcels,and this is the first project that we're going to be able to execute. As such,they asked that we get a seven-year term because a five was not what they felt was enough to justify the level of investment that we're putting into the acquisition and the whole project. Mr. Coston: When you say you are the investor in several properties, you mean contiguous with where you are? Mr. Smith: Yes, sir. Mr. Coston: I've got a question for staff. If they are allowed to have a five-year Conditional Use Permit,what is the process for the other two? Do you just give them another five years,and is that done? Staff: The way the condition is currently written, they would need to reapply and come back through this process. Mr. Coston: You have to come through the whole process again. Staff: Yes. Mr. Hippen: Can the condition be modified so that it's requesting an extension rather than a full reapplication? Ms. Eisenberg: Yes, we could do an administrative extension for up to two years if the body wants to put a cap on how long the extension could be granted administratively. Staff: You may want to direct some sort of qualification for what would make them eligible or ineligible for that renewal. Since the intent for the time limitation is to wait and see where we are, I don't know how definitive that is for them to make that decision,so you might just want to provide some guidance on that. Ms. Eisenberg: Without detailed language here, we could say something with respect to the assessment of redevelopment efforts in the area. Mr. Plumlee: This is the disadvantage I have with not being there with the light I can just turn on. I appreciate this accommodation from everyone. I want to ask the applicant, if we could put back on the screen the full site with all four parcels. Mr. Schmidt, we're not just talking about the site for the rental and sales of low-speed vehicles. We're talking about developing all four of these parcels. Is that accurate? Mr. Schmidt: Yes, that's the case. Just to clarify, it would be three parcels. The Las Palmas property is not part of the overall redevelopment efforts. Mr. Plumlee: This is my district, so I'm very interested in this. The Las Palmas property is the top left of the four parcels, is that fair? Mr. Smith: Yes, sir. Mr. Plumlee: Can you give us a little more detail on the planned redevelopment of all three of those parcels and the intent of the future development there? Mr. Smith: The front retail strip that fronts on First Colonial, we've taken this as far as having a pre-application meeting with city planning staff and development services staff. What we are trying to accomplish there is bring in some upgraded tenants to that facility. Some of that, right now based on the tenants that we are pursuing,would involve the segregation of the corner building at Donnan and First Colonial from the rest of the strip. We would actually be taking a section of the strip center out, and then we'd be leaving the rest of the strip for anywhere from two to three other tenants with the separation of the two buildings. Right now we're pursuing a national bank facility. For the other retainage piece of the strip, we're still in negotiations and having conversations, but we've been looking at some sit-down restaurants, some other medical service type developments. With the development of the bank that we've already presented to the Development Services Center in a pre-application meeting, this would be a full facade improvement on the retail strip. This would be improvements to the site landscaping, pavement improvements, and parking improvements as well. Mr. Plumlee: That's very important to me. If there is a key condition in the tranche for lending for the outlay for the full purchase so this can be uniformly developed by one developer and it hinges on five to seven, I think that's really the key point here. I don't want to wait until the city finally does redevelopment, and there are no plans for redevelopment currently for this SGA. We can say we're dreaming of something for the future and every corner is going to have a latte station at it,or we can look at what's presented to us. What I'm gathering from the applicant is,if we can't get this to seven years, they may not get the initial financing to take on this project for all three parcels. Is that a fair assessment? Mr. Smith: Yes, sir,that's correct. To more directly address Commissioner Byler's and Hippen's question,the lease would be contingent on achieving the CUP for the motor vehicle sales for low speed vehicles. Commissioner Plumlee is correct. The acquisition, the lender terms for that acquisition to create a larger assemblage, while we're not proposing a re-subdivide at this time, it would put these two parcels today, which includes three buildings, into one ownership. Ms. Schoonover: Based upon the testimony, I'd like to move that we make the change to seven years. Mr. Plumlee: Second. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Commissioner Plumlee that we extend the Conditional Use Permit time to seven years. Ms. Byler: I may not get a second, but I offer a substitute motion that it be approved with the recommended five-year Conditional Use Permit with an administrative extension of two years based on staff approval at that time. Ms. Cuellar: I'll second that motion so that we can continue with our progress. Mr. Coston: We have a substitute motion on the floor. Clerk: Someone needs to make a motion to make the substitute motion the main motion. Ms. Byler: I move that the substitute motion be the primary motion for this vote. Mr. Cuellar: Second. Mr. Camp: Is there discussion on this? Mr. Coston: Yes. Mr. Camp: In an effort to help staff and help applicants,this is yet another example today where if we would have had a little better information up front, I think we would have gotten right there. If we understood we weren't just talking about a low-speed vehicle rental in an unused building and trying to figure out the economics of that versus the potential for redeveloping an entire block, which thank you Commissioner Plumlee for bringing out, those are two very different ideas. To Commissioner Byler's point about the SGA and realizing the plan's aspirations, it's helpful to understand this bigger picture. I would ask everyone to please give us these kinds of information if they're known to help us reach these things more quickly instead of this laborious process. Mr. Anderson: A question to the applicant. With the updated request, what happens with the financing application if we do five years with an administrative add-on at the end of five years? Does that create issues on your financing? Mr. Smith: I'll find out when I call the lender after leaving this meeting. Ms. Cuellar: I applaud your commitment and your investment, but I also feel like we have an obligation as we are growing. I'm hoping that the lender will provide you some grace in this negotiation, and that the onus can't always be on the city. This is a partnership. I think with continued dialogue and always more information,I want to continue to work and see your success in that area as well. I do support Commissioner Byler and I stand with my vote today. Mr. Schmidt: I understand and appreciate that. I can respect the things that staff is trying to do with this to get everything redeveloped in a cohesive manner, and that makes sense. Ms. Cuellar: Send the lender a copy of this video and they'll understand. Ms. Schoonover: I'm concerned that we are now putting this applicant in a difficult situation. They've already made it clear the intent to develop the rest of this property. I'm just not really sure that I fully understand this objection to seven years when we're already talking about making it easier to extend it, but it sounds like we're risking his financing, especially if this lender can't tell us right now on the spot that he can still have it. I just don't want to risk this business,especially since this is going to bring us long-term development in the area. Ms. Hippen: I was going to speak to what Commissioner Plumlee stated. This is his district, he says there are no current plans for development in the SGA at this time. Is that correct? Somebody from staff rescue me. Staff. For the Hilltop SGA,there's development throughout the SGA on several parcels,but there's no master development plan that's coming in at this time. Mr.Plumlee: I just want to say how beautiful you all look on the television screen. It's amazing. We miss you. You do look amazing. I didn't know how handsome and wonderful you all are,but it's incredible from where I sit. Catherine, I understand where you're coming from, but this is a two-year period of time to make the difference to lock in this lease and get financing on something right now. We've got a lingerie place there, we've got some empty buildings. It's blight. I'd like to get rid of the blight in this district. This is a small notch from five to seven, and as Cathy said, there is no master redevelopment plan, so it will be years. I frankly believe from talking to the applicant and discussions today that they want to do some great things for First Colonial. I put that out there for everybody's consideration. I fully respect everyone's motivation and their opinion. Ms.Moorjani: I'm very sympathetic to the applicant on this and definitely want to move forward the development there. I'm just concerned that other applicants will come and say, "Hey,you gave an exception here, we're not giving an exception to me." I just want to put it out there. Mr. Mauch: I just want to speak briefly on what was given to us. It sounds like they had preliminary meetings with the department to be able to talk about the future of this development, but in front of us was just a single Conditional Use Permit. I believe that staff may not have been even aware of the initial conversations to be able to provide us with any further information. Am I making a correct assumption? Staff. We'll go back and review this case. I'm not sure that we were aware of the adjacent parcels and hopes for redevelopment there. It's a great thing obviously, and the application at hand is for this one piece, so you're just supposed to be considering that. Mr. Mauch: As we're just considering this one without the other information, I think it makes sense with a five-year and a two-year extension. But with new information about the potential for development, looking at the loan opportunities, and they would be one tenant within a newer development or infill development, I think their tenancy is helpful for the loan to go through. If they don't have that seven years, I think they're going to have an issue getting the opportunity for future development in that area, and if that's what we're looking for, then it may be something that's worth considering. Right now we're going to be, with no plans for development especially on any of these parcels right there, it would be a while before development happens. If we are looking for progress in a certain area, this SGA, it may be worth considering the seven years. Without the full seven years, it may jeopardize the future of that development. Ms. Hippen: I have a question for the applicant and your attorney. Because there's so much question about what's going on around it and the totality of what you're doing on that city block, would you consider deferring to next month to get more information in front of us? Mr. Schmidt: I would prefer to have the five with the two-year extension because the lease delivery date for this tenant is critical upon being open during the summer. I'm subject to penalties if I can't deliver by a certain date. Ms. Hippen: Understood. Mr. Schmidt: If I could elaborate just briefly, the reason the materials were submitted a certain way and presented a certain way is because this is a specific application to this specific portion of this site. While we have bigger plans for what we're trying to do on these three parcels, it's applicable in the grand scheme that this is all under one applicant, one ownership, and that's the goal, but it's not necessarily as applicable to the decision. It is something that we are trying to bring to fruition. Ms. Byler: The fact that you said you'd rather go ahead with the vote today on five-year with an administrative extension to seven tells me you must have had some discussions with the lender about this and you're ready to move forward. Mr. Schmidt: We're ready to move forward. Ms. Byler: Someone has called for the vote. This vote is on the substitute motion as the main motion. Ms. Cuellar: Could the clerk repeat the motion for us just for clarity? Ms. Byler: My motion is to make the substitute motion the main motion. Ms. Eisenberg: For clarification, the substitute motion is to modify the condition that this Conditional Use Permit be for five years, at which time it will expire unless it is administratively renewed, and it can be administratively renewed for up to a period of two years given the development progress in the area. Ms. Byler: Right. Because the current condition is five years, so I am adding a two-year administrative condition. They will not need to come back before this governing body that can be handled administratively. Ms. Eisenberg: In the standard by which staff is reviewing for that administrative renewal is the progress of development in this area? Ms. Byler: Correct. Mr. Coston: So what is the primary motion? Ms. Alcock: The primary motion is to modify the condition to a seven-year Conditional Use Permit. Mr. Coston: We ready for the vote? Clerk: The vote is open. Commissioner Plumlee. Mr. Plumlee: No. Clerk: By a recorded vote of 7 to 4, the motion to make the sub motion the main motion has passed. Vote Tall Commission Member AYE 7 NAY 4 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Mr. Coston: Now I call for the vote on the motion that is on the floor currently. It's all the conditions that the staff report gave, but we've added a two-year administrative extension where the applicant will not need to come back before this governing body again. Ms. Hippen: Second. Ms. Schoonover: I'm just very concerned we might be killing this whole project,but I'm going to vote to support their backup plan. I'm deeply concerned we're killing their deal. Ms. Moorjani: I want to be on the record as well. Hasn't this five-year requirement been out there for at least a week? They could have run it by the lender in that week. It's been out there for a week about the five-year requirement. They could have run it by the lender during that one week. Mr. Mauch: Just for matters of discussion. We are just making a recommendation, and City Council can also change it to however they feel. Mr. Plumlee: And just to go along the party here. I think Catherine clarified that this administrative review is subject to reviewing the plans of that side, and that helps me to support this. Thank you. Mr. Coston: Are we ready for the vote? Ms. Hippen: Call the question please. Clerk: The vote is open. Commissioner Plumlee. Mr. Plumlee: Yes. Clerk: By recorded vote of 10 to 1, item 17, First Colonial Development, LLC, has been recommended for approval as modified. Mr. Coston: Madam Clerk, was that our last item? Clerk: That was our last item. Mr. Coston: Thank you for participating in today's Planning Commission hearing. Meeting is adjourned. Vote Tall Commission Member AYE 10 NAY 1 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the Motor Vehicle Sales and Rental use after such expiration, a new Conditional Use Permit shall be obtained. 2. The site shall be developed in accordance with the conceptual plan entitled "601 Nevan Road Concept Plan", prepared by Kimely Horn and Associates, dated March 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No vehicles for sale or rental shall be parked outside of the designated display areas, and display area landscaping shall be depicted as shown on the site layout entitled "601 Nevan Road Concept Plan", prepared by Kimley Horn and Associates, dated March 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 4. A subdivision plat must be submitted and approved within three hundred and sixty-five days of City Council approval. 5. The sale and rental of vehicles on the site shall be limited to low-speed vehicles. 6. The hours of operation shall be from 10:00 a.m. to 5:00 p.m., seven days a week. 7. No parking of any vehicles shall be permitted within the right-of-way. 8. All vehicles for sale or rental shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. Vehicles in a state of obvious disrepair shall not be stored outside of the building. 10. Test driving of vehicles for sale or rent shall only be done on site. 11. There shall be no storage of tires, equipment, parts or debris of any kind outside of the building. 12. No outside paging or amplified music system shall be permitted. 13. 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. 14. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Department of Planning & Community Development, if one is required after their review, before the business license is issued. 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. OR(STR-OR) -�.A v2 �G to O'R OR(STR-OR) OR(STR-OR) OR(STR-OR) ® site Susan E Black Merged Trust 0 Zoning 4005 Atlantic Avenue, Unit 104 Property Polygons Feet 0 15 30 60 90 120 Mao created by Plannina Department on 5/15/2026 rE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUSAN E BLACK MERGED TRUST [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 104 (GPIN 24280514483780). COUNCIL DISTRICT 6 (Remick) MEETING DATE: June 16, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom unit within the Oceans II Condominiums located at 4005 Atlantic Avenue, Unit 104. On November 24, 2025, a Notice of Violation was issued for the operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit. The Violation was resolved on December 29, 2025, when the rental listing was deactivated. The site is not currently advertised, and the last known documented stay was on September 21, 2025. ■ 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. There is no known opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ 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. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 104, and the Short Term Rental use shall only occur in the principal structure. Susan E Black Merged Trust 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 Susan E Black Merged Trust 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). Susan E Black Merged Trust Page 4 of 5 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Susan E Black Merged Trust Page 5 of 5 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager: /Vj Item 18 Applicant Agenda •: Property • Black Merged Trust Planning Commission Public1 CouncilCity . (Remick) V_B' Project Details Request Conditional Use Permit (Short Term Rental) ' N Staff Recommendation Approval Staff Planner f i� Alexis Bailey Location 4005 Atlantic Avenue, Unit 104 �� GPIN 24280514483780 � 1� m� Site Size5 14,500 square feet AICUZ �„z+�.t a ,TM 70-75 dB DNL Watershed ,.• ��, as Atlantic Ocean Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North �y ' 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 Susan E Black Merged Trust Agenda Item 18 page 1 of 14 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, Oceans II Condominiums includes 42 condominium units and was constructed in 1976. However, a portion of the building, previously operated as a motel, was constructed in 1956. • Staff inspected the site on March 25, 2026 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • On November 24, 2025, a Notice of Violation was issued for the operation of a Short Term Rental without a Conditional Use Permit or Short Term Rental Zoning Permit. The Violation was resolved on December 29, 2025, when the rental listings were deactivated. • 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 March 10, 2026, is shown below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 21, 2025 Yes Susan E Black Merged Trust Agenda Item 18 page 2 of 14 Short �i �g i r ! f, 3 0 5 n i P rR �^ !4TJA J Short Term Rentals STR Permit l.'S Susan E Black Merged Trust Agenda Item 18 page 3 of 14 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 Susan E Black Merged Trust Agenda Item 18 page 4 of 14 Zoning # Request CUP (Short Term Rental) Approved 02/04/2025 CUP (Short Term Rental) Approved 05/16/2023 v� OR(STR-OR) CUP (Short Term Rental) Approved 10/18/2022 � CUP (Short Term Rental) Approved 07/12/2022 CUP (Short Term Rental) Approved 06/07/2022 94 CUP (Short Term Rental) Approved 05/17/2022 1 R CUP (Short Term Rental) Approved 03/01/2022 \ 1 CUP (Short Term Rental) Approved 11/17/2020 CUP (Short Term Rental) Approved 08/25/2020 a°SHs1 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 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 104. 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, thus 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 Susan E Black Merged Trust Agenda Item 18 page 5of14 requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 104, 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. Susan E Black Merged Trust Agenda Item 18 page 6 of 14 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 Susan E Black Merged Trust Agenda Item 18 page 7 of 14 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. Susan E Black Merged Trust Agenda Item 18 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 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. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 2, 2026 and June 9, 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 June 1, 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 June 12, 2026. Susan E Black Merged Trust Agenda Item 18 page 9 of 14 LayoutSite hn r 1 Ps h} �4 > r „�'" � � � III" " 'I�� ;,••. 40T� S erg 3g� +% + s"• � -Cl nl� Beach Susan E Black Merged Trust Agenda Item 18 page 10 of 14 g - _ vs r i y _ aA ?I IT nlc �zG ER E m �� a1)d15�3284 �i► '`— x x , s Susan E Black Merged Trust Agenda Item 18 page 11 of 14 Disclosure CITY OF DisclosureVIGIN11A-B, r r j Statement CH The disclosures contained in this form ore necessary ro inform public officials who may vote an the opplicotion 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. APPLICANTDISCLOSURE ArPLICA'4T INFORMAT?ON , Applicant Name; `.-{-sc'n S. laC �Y'1er' cc Tt �� as listed on opplicarion Is Applicant also the Owner of the subject property? Yes(2rNoo tf no, prooertyfi a wrier.must complete SECTION 2,PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YtsO Noo If yes,nome 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 hove a parent-subsidia =or affiliated business entity a refatlon±t with the a ficant:(Attach list if necessary. Does the subject property have a proposed or pending purchaser? Yes( No if yes, r,acre proposed or pending purchaser.- „N KNOWN !NTEREST BY PUBLIC OFFICIAL OR FNt, I—OvEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yes o N if yes, ro ne the 'c.;or or;�'m,pi'oyee,and describe the.oture of the ulte(est. ..... APPLICANT SERVICES DISCLOSURE READ. The Applicant must certify whether the fallowing services are being provided in connection to the subject opplication or any business operating or to be operated or the property. The name of the entity and/or individual providing such services must be identified,(attach Fist if necessary.,! SERVICE YES NO SERVICE PROVIDER rvixr,�e entity and/or 1r-divisiuol Financing(mortgage,deeds of trust, cross-callateralization,etc.) t !teal Estate Broker/Agent/Realtor Disclosure Statement rev. May-2024 page 1 of 3 Susan E Black Merged Trust Agenda Item 18 page 12 of 14 Disclosure SECTION 1:APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER tuame en!q and or individual Accounting/Tax Return Preparation 0 I Architect/Designer/Landscape ,r^*, �y Architect/Land Planner �J \J Construction Contractor (Br En inecr/Serve or ent 0 Q Legal Services APPLICANT CERTIFICATION READ:l 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 far public hearing, t am responsible for updating the information provided herein three weeks prior to the meeting of Plonning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) pplicant Signature Date 1"Porent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores possessir:g 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"Affatiated business entity relationships"meor s"a relationship,other their,parent-subsidiary relationship, that exists when jib one Business entity has a controding ownership interest in the other business entity,(ill a Controlling owner ir;one entity is also a controlling owner in the other entity,or fill)there is shared management or control between the business entities. factors that should be considered in determining tine 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 c", mingled funds or assets;the business entities shore the use of the some offices at employees or otherwise shore activities, resources or personnel an a regular basis,or there is otherwise as chase working relationship between the entities."see State and Local Government Conflict of interests Act, Va.Coale 0 2.2-3101, FOR CITY USE ONLY: No changes as of(date)- 5/26/2026 Alexis Bailev Staff Name(Print) Staff Signature Date disclosure Statement I rev. May-2024 page 2 of 3 Susan E Black Merged Trust Agenda Item 18 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. Susan E Black Merged Trust Agenda Item 18 page 14 of 14 STIR VICINITY MAP SUSAN E BLACK MERGED TRUST �n i I d 0 ( Ito e_ Short Term Rentals 0 STR Per-nits(25) I Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #18 Susan E. Black Merged Trust Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: And the last item on the consent agenda is Item 18, Susan E. Black Merged Trust. Is there a representative here today to speak on this? Welcome. Please state your name for the record. Ms. Black: Susan E. Black. Ms. Byler: Are the conditions acceptable to you? Ms. Black: I have a question. Regarding recommended Condition 8—the physical presence at the short-term rental within one hour—it was three hours before. Can that be changed to three? Ms. Byler: If the conditions are not acceptable to you, this may need to be removed and placed on items to be heard. Chair Coston,what is your discretion? Mr. Coston: I would say, ma'am,that I don't believe you have to be on site if staff—I think you can call;you just have to make contact within that hour. Ms. Black: That's acceptable. Thank you. Ms. Byler: Apparently, physical presence is required within one hour. Again, if the conditions are unacceptable to you,we will remove this from the consent agenda and we can set it for hearing later in this meeting today, and you can decide how you want to move forward, and then we will vote accordingly. Ms. Black: No, that's okay — it's acceptable. Thank you. I do have one more question on Condition 15. It says one rental contract for every seven consecutive days. It was two rental contracts for seven days prior. Is this something that has been changed? Ms. Byler: I'm unfamiliar with the change, but the current condition is one contract for every seven days. Ms. Black: Okay. Acceptable. Thank you. Ms. Bookholt: I just wanted to clarify for the applicant's benefit that the applicant or the owner doesn't have to be present within that first hour; they can send a representative on their behalf. Ms. Byler: Right. It does not need to be the owner,a representative of the owner just needs to be present within one hour. Ms. Bookholt: Correct. Ms. Byler: Thank you for the clarification. Is there any opposition to this item being placed on the consent agenda? Hearing none,I've asked Commissioner Moorjani to read this into the record. Ms. Moorjani: This application by Susan E. Black Merged Trust is for a Conditional Use Permit to operate a short-term rental at 4005 Atlantic Avenue, Unit 104, of the Oceans 2 Condominium. This building is located within the Oceanfront Resort Area. We have not received any opposition and therefore request that it be added to the consent agenda. Ms. Byler: Chair Coston, that was the last item on the consent agenda. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms.Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani Ix Mauch Ix Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 104, 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, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. .s s✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND CITY CODE SECTION 33-19 PERTAINING TO HAULING OF SAND, GRAVEL, TOPSOIL, FILL, OR OTHER EXCAVATED MATERIAL OFF AN EXCAVATION SITE MEETING DATE: June 16, 2026 ■ Background: This text amendment will move all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material to the Streets and Sidewalks Ordinance. These regulations are currently included in the Subdivision Regulations Ordinance, Site Plan Ordinance, and Streets and Sidewalks Ordinance. The proposed amendment will also allow hauling plans to be included as part of the site plan or subdivision construction plan review process in order to streamline the majority of permit applications. ■ Considerations: This amendment will provide clearer and more consistent guidance for staff and applicants with a project related to the hauling of sand, gravel, topsoil, fill, or other excavated material. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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 10-0 with 1 Abstention ■ 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:��Q Agenda Item 1 Applicant: City of • Beach • Planning Commission • • • V0 Hauling Permit Streets and Sidewalks Ordinance Amendment An ordinance to amend section 33-19 of the City Streets and Sidewalks Ordinance to consolidate regulations related to hauling of sand, gravel, topsoil, fill, or other excavated material. Summary of Request This text amendment will move all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material from the Streets and Sidewalks Ordinance. These regulations are currently included in the Subdivision Regulations Ordinance, Site Plan Ordinance, and Streets and Sidewalks Ordinance. The proposed amendment will also allow hauling plans to be included as part of the Site Plan or Subdivision Construction Plan Review Process in order to streamline the majority of permit applications. Recommendation Staff recommends approval of this ordinance. This amendment will provide clearer and more consistent guidance for staff and applicants with a project related to the hauling of sand, gravel, topsoil, fill, or other excavated material. City of Virginia Beach Agenda Item 1 page 1 of 4 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 33-19 PERTAINING TO HAULING OF SAND, 3 GRAVEL, TOPSOIL, FILL, OR OTHER EXCAVATED 4 MATERIAL OFF AN EXCAVATION SITE 5 6 SECTION AMENDED: § 33-19 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 33-19 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 33-19. Hauling of sand, gravel, topsoil, fill, or other excavated material off an 15 excavation site. 16 17 (a) It shall be unlawful for any person to haul more than three hundred thirty-seven (337) 18 in situ cubic yards of sand, gravel, topsoil, fill, or other excavated material from an 19 excavation site by vehicle upon any street in the City of Virginia Beach without a 20 hauling permit from the department of planning in accordance with the provisions of 21 this section. 22 23 M If the hauling project is associated with a Site Plan or Subdivision Construction 24 Plan, the haulinq plan shall be reviewed, approved, and permitted as part of that 25 plan. The hauling work will be covered as part of the project right of way permit 26 and will not need a separate hauling permit. The $50 application fee and annual 27 renewal fee will not be required. All other requirements outlined below shall 28 apply. 29 30 (b) Application for a permit required by this section shall be filed with the department of 31 planning on forms supplied by the city. The application fee shall be fifty dollars 32 ($50.00). The application shall be signed by the property owner, hauler and operator 33 and shall include the following information: 34 35 (1) The names and addresses of all haulers; 36 (2) If the hauler is a corporation, the name and address of its corporate offices and 37 registered agent; 38 (3) The name and address of the excavator and/or operator; 39 (4) The names and addresses of owners of all property from which the fill material 40 is to be hauled. If the hauled material is to be deposited within the limits of the 41 City of Virginia Beach, provide proof of current VPDES or VESMP permit 42 coverage for the disposal site; 43 (5) The proposed date on which the hauling operation will commence and the 44 proposed date on which the operation will be completed; 45 (6) The total number of cubic yards of material to be hauled; 46 (7) The number, type, carrying capacity, and weight of vehicles to be used in the 47 hauling operation on a daily basis; 48 (8) The location of all haul roads leading to public streets and highways within the 49 hauling area; 50 (9) A statement listing the public streets to be used as haul routes to access an 51 arterial or major street or highway; 52 (10)A statement of the methods to be used to maintain or repair any public street or 53 highway to be used for hauling purposes; 54 (11)A site plan or survey of the excavation site, with a location map, showing the 55 locations of the area to be excavated, the on-site haul road, the point at which 56 the haul road intersects the public right-of-way, the nearest street intersections 57 in all directions leaving the excavation site and all existing and proposed 58 entrances on both sides of the public street within five hundred (500) feet of the 59 proposed entrance; 60 (12)A detailed description of the on-site haul road and the entrance to the public 61 right-of-way, including width, radii, composition of surface material and length of 62 improved surface; 63 (13) Erosion and sediment control measures to be employed at the haul road 64 entrance and all access points; 65 (14)The method by which dirt and dust will be controlled on the public streets and in 66 the air; 67 (15)A traffic maintenance/control plan, including, but not limited to, sign type, size, 68 color, lettering size and locations; 69 (16) Location and description of public structures and improvements immediately 70 adjacent to and under the haul road entrance; and 71 (17)A description or plan of all proposed improvements to mitigate the traffic impacts 72 associated with the hauling activity including, but not limited to, turn lanes, 73 signalization, striping and other traffic control measures. 74 75 In the event any changes in the above-required information are needed, the 76 applicant shall submit such changes to the planning department for review and approval 77 prior to the commencement thereof. 78 79 (c) The director of the department of planning or his designee shall determine the 80 acceptability of the hauling methods and routes proposed by the applicant, and shall 81 grant the hauling permit unless: 82 83 (1) Under accepted engineering standards, it is determined that the public streets 84 and highways to be used in the proposed hauling route cannot sustain the weight 85 or frequency of the hauling vehicles without substantial damage thereto; or 86 (2) The proposed hauling operation would render the streets and highways affected 87 by the hauling unsafe for public travel; or 88 (3) The noise or dust generated by the hauling operation is of such character, 89 intensity and duration as to be detrimental to the life or health of persons of 90 reasonable sensitivity, or to disturb or annoy the quiet, comfort or repose of 91 reasonable persons who reside in close proximity to the hauling operation..-Lr 92 (4) Any of the information required under this subsection is incomplete, incorrect, or 93 false. 94 95 .... 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: Planning Department City Attorney's Office CA17109 R-1 February 27, 2026 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #1 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Commissioner Camp. The next item on our agenda is Item 1. Is there a representative to speak on this item today? Welcome, Seth Edwards. Please state your name for the record. Mr. Edwards: Good afternoon,Chair,Vice Chair, and Commissioners. For the record,my name is Seth Edwards; I'm the Development Services Administrator in the Planning Department. Item 1 is an ordinance to amend Section 33-19 of the City's streets and sidewalks ordinance to consolidate the regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material. These regulations are currently included in the subdivision regulations, site plan ordinance, and the streets and sidewalks ordinance. This amendment proposes to move all the aforementioned regulations into the streets and sidewalks ordinance. This amendment will also allow hauling plans to be included as part of the site plan or subdivision construction plan review process in order to streamline the overall review and approval process. Staff have not received any opposition to this request and are recommending approval to provide clearer and more consistent guidance for staff and applicants. Ms. Byler: Thank you, Mr. Edwards. (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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X ^AA BEic CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — AN ORDINANCE TO AMEND SECTION 7.1 OF THE SUBDIVISION REGULATIONS PERTAINING PLANS AND SPECIFICATIONS FOR GENERAL IMPROVEMENTS MEETING DATE: June 16, 2026 ■ Background: This text amendment will eliminate all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material from the Subdivision Regulations Ordinance. These regulations are currently included in the Subdivision Regulations, Site Plan Ordinance, and Streets and Sidewalks Ordinance. The proposed amendments will move all applicable regulations into the Streets and Sidewalks Ordinance. ■ Considerations: This amendment will provide clearer and more consistent guidance for staff and applicants with a project related to the hauling of sand, gravel, topsoil, fill, or other excavated material. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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 10-0 with 1 Abstention. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ctj City Manager: Agenda Item 2 A•• of BeachPlanning • • • 1 V- ■ SubdivisionHauling Permit An ordinance to amend section 7.1 of the City Subdivision Regulations pertaining to plans and specifications for general improvements, specifically to consolidate regulations related to hauling of sand, gravel, topsoil, fill, or other excavated material. Summary of Request This text amendment will eliminate all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material from the Subdivision Regulations Ordinance. These regulations are currently included in the Subdivision Regulations, Site Plan Ordinance, and Streets and Sidewalks Ordinance. The proposed amendments will move all applicable regulations into the Streets and Sidewalks Ordinance. Recommendation Staff recommends approval of this ordinance. This amendment will provide clearer and more consistent guidance for staff and applicants with a project related to the hauling of sand, gravel, topsoil, fill, or other excavated material. City of Virginia Beach Agenda Item 2 page 1 of 4 1 AN ORDINANCE TO AMEND SECTION 7.1 2 OF THE SUBDIVISION REGULATIONS 3 PERTAINING PLANS AND SPECIFICATIONS 4 FOR GENERAL IMPROVEMENTS 5 6 Section Amended: § 7.1 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 7.1 of the Subdivision Regulations is hereby amended and 15 reordained, to read as follows: 16 17 Sec. 7.1. Plans and specifications for general improvements. 18 19 X Plans and specifications for general improvements in [a] subdivision shall be 20 prepared and endorsed by a certified engineer. Manner of preparation and number 21 of copies provided shall be as appropriate to the type of improvements and the 22 requirements for local review, approval, inspection and recording, plus one copy for 23 return to the subdivider or his agent, bearing certification of approval by the 24 appropriate official or officials if approved, or if disapproved, indicating the reasons 25 for such disapproval. 26 27 Improvements for which such plans and specifications are required include all 28 required improvements and any gas, water, sewer or electric light or power works, 29 pipes, wires, fixtures or systems, or any telephone or community antenna television 30 systems or the like in, on or under any streets, alleys or easements within the 31 subdivision, and all other general improvements to be provided by the subdivider or his 32 agent, including preparation of land by grading, clearing, filling or drainage. 33 34 To the extent that specifications have been established by the city or other public 35 agency having jurisdiction concerning a particular type of improvement, they may be 36 included by reference and need not be restated in relation to a particular plan. 37 38 B. Plans and Onfermation on hauling operations-useec+ated-with the exGa., +�of 39 sterrnwatep management faGilities. in add.tien to iRfOrmatiOR required under the 40 , 41 42 faGility will be hauled Gff site, the fGIIGWiRg infermatiOR shall be submitted to thee 43 44 M M W W M M CO M —W 4 M M -P. W C) (0 M —4 M M -D6 W N) — C) CO M ---A M C71 -0, w N) 0 (D M —4 M Ul -N W rj — C) CD M —4 M M � _ e � o d S � � . 8 (3) C t 73 rri 3 3 13 cl z 3311 73 90 (3 The-Reise or dust generated by the hag eperatiOR6 Of SLIGh nharaGter, 91 a tteRsity and duration as to be detrimental to the life or health of persons f 92 reasonable seRGitiVity, er to disturb or anney the qUiet, 93 94 (4) Any-efthe infermation required URder this sb6eGtie; is incomplete, R;GG,TeG 95 er false Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Office CA17115 R-1 March 10, 2026 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #2 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Mr. Edwards. And before you leave, if you could please move on to agenda Item 2. Mr. Edwards: Absolutely. Again, for the record, my name is Seth Edwards, the Development Services Administrator. Item 2 is related to the previous item and is an ordinance to amend Section 7.1 of the City Subdivision Regulations to consolidate the regulations related to the hauling of sand,gravel,topsoil,fill,or other excavated material. As I previously mentioned,these regulations are currently included in the subdivision regulations,site plan ordinance,and streets and sidewalks ordinance. This particular amendment will remove all regulations related to these hauling permits from the subdivision regulations. Staff have not received any opposition to this request and are recommending approval to provide clearer and more consistent guidance for the review and approval process. Ms. Byler: Thank you, Mr. Edwards. (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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms.Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes,with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tail Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — AN ORDINANCE TO AMEND SECTION 4 OF THE SITE PLAN ORDINANCE (APPENDIX C) PERTAINING TO INFORMATION REQUIRED ON SITE DEVELOPMENT PLAN MEETING DATE: June 16, 2026 ■ Background: This amendment will eliminate all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material from the Site Plan Ordinance. These regulations are currently included in the Subdivision Regulations Ordinance, Site Plan Ordinance, and Streets and Sidewalks Ordinance. The proposed amendments will move all applicable regulations into the Streets and Sidewalks Ordinance. ■ Considerations: This amendment will provide clearer and more consistent guidance for staff and applicants with a project related to hauling of sand, gravel, topsoil, fill, or other excavated material. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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 10-0 with 1 Abstention. ■ 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: /00 Agenda • • of • Beach Planning Commission • • • Hauling Permit Site Plan Ordinance Amendment An ordinance to amend section 4 of the City Site Plan Ordinance pertaining to information required on a site development plan, to consolidate regulations related to hauling of sand, gravel, topsoil, fill, or other excavated material. Summary of • This amendment will eliminate all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material from the Site Plan Ordinance. These regulations are currently included in the Subdivision Regulations Ordinance, Site Plan Ordinance, and Streets and Sidewalks Ordinance. The proposed amendments will move all applicable regulations into the Streets and Sidewalks Ordinance. Recommendation Staff recommends approval of this ordinance. This amendment will provide clearer and more consistent guidance for staff and applicants with a project related to hauling of sand, gravel, topsoil, fill, or other excavated material. City of Virginia Beach Agenda Item 3 page 1 of 4 1 AN ORDINANCE AMEND SECTION 4 OF 2 THE SITE PLAN ORDINANCE (APPENDIX C) 3 PERTAINING TO INFORMATION REQUIRED 4 ON SITE DEVELOPMENT PLAN 5 6 Section Amended: § 4 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 4 of the Site Plan Ordinance is hereby amended and reordained to 15 read as follows: 16 17 Sec. 4. Information required on site development plan. 18 19 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, surveyor 20 or other persons duly licensed by the Commonwealth of Virginia to practice as 21 such, shall be submitted with every application for approval. A sufficient number 22 of copies of the site plan shall be submitted, as the planning director shall require 23 and shall contain the following information: 24 25 . . . . 26 27 C. Hauling operations plans ape/ 43fbFmation. in addition to the iRfE)rmati0R required4in 28 ss.LubseCGt4o s A. and- B B. �-t�irs ceEt Fanr where s anrdr, gravel, topsoil, fill nr ehe 29 excavated Material from the eXGavatiGR of a stormwater mari-a',-ment faGility will be 30 . 31 32 (1)The names and addresses of all h le 33 34 registered anent; 35 36 proposed date on whiGh the operation will be Gernplete(31� 37 (47 The t9tal number Of GubiG yards of material + be ha I d 38 (5.) The number, type, oc a and-weight of e�FGlest be used the �-=rye---Ea-r `� r�t�- 39 40 (6) The IGGation of all haul reads leading to publiG streets and highways within th-e 41 , 42 (7) A statement listing the publiG streets to be used as haul routes te aGGess an 43 arterial or major street or highwayL, 44 (8) A statement of the methods to be used to maintain or repaiF any publiG StFe-et 45 or highway to be used fer hauliRg purposes; 46 (9) The IGGation of the en the site haul read, the peint at whiGh the haul read 47 0 nterseGtS the pub+egght of way, the neaFest street -late sections in nI 48 dwreGtiens leaving the eXGavatien site and all existing and prepesed eRtFaRGes 49 on both saw of the publTG street kith Ifni„o�ndFed /ccr 5�eet of the proposed 50 nn+rye- 51 (10)A detailed deSGFiptiOR ef the en site haul road and the entranGe te the pub!;G- 52 Fight of way, inGluding width, radi., GGMPC)S*t*GR of surfaGe material and length 53 of improved sur-faGe; 54 (1�-,) EFC)S+efl and sediment-GORtFGI measuFes +be empleyed at the haul II read 55 entranGe and all aGGeSS points; VVV points; 56 (12)The method by which dift and dust well be Gentrolled on the publiG streets and 57 ;n +hrr he air 58 , 59 nnlnr, Ietterinrl size and IGGations; 60 61 adjaGent to and LARder the haul road entranGe; and 62 (15)A deSGription or plan of all prepesed imprevemeRtS to mitigate the fps 63 0 MPaGts associated with the hauling aCtiVity ORG'udiRg, but net limited to, tum 64 laRes, s+gnaa+aatTOR, StFiPing and other +raaffiG Gen+rel measures. 65 (16) if the hauled mateFial as to be deposited within the Immits of the City of VirgiRia 66 BeaGh, the address of the IOGatien where the hauled material will be taken and 67 p Feef Of GUrre n+ VIRDESO F ��c, n� permit GOverage for the sate where tl4e 68 mateFial wall be nlaGed 69 4 I 70 Th�agent-shall deco mine the acceptability the hauling metheds nr! 71 routes and may disappFeve a site plan if: 72 73 (1) Under aGGepted e. standards, it is determined that the publiG streets 74 and highways f-the-uses' in the proposed auling route cannot s stain the 75 weight or frequeRGY of the hauling vehiGles witheut substantial damage theFet(D;, 76 er 77 (2) The preposed hauling operation would rendeF the streets and highways 78 affeGte d by the hauling Unsafe fnr p Ihlin tFayel• or ........ ...� .��.. il....�., I.J. u �. vl Na,lvlly a,uvc.n�-vr 79 (3) The noise or dust generated by the hau''Rg operation as Of SUGh GharaGter, 80 a ntensity and duration as to be detrimental te the life er health ef persons of 81 reasonable sensitivity, er to disturb or annoy the quiet, GOmfert or Fepese of 82 reasenable persons whe reside iR Glose proximity to the hauling operation; G 83 84 or false. 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: tanning Department 04f Attorney's Office CA17116 R-1 March 10, 2026 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #3 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you, Mr. Edwards. And if you would please, agenda Item 3. Mr.Edwards: Agenda Item 3 is related to the previous two items and proposes to amend Section 4 of the City site plan ordinance, removing all regulations related to the hauling of sand, gravel, topsoil, fill, or other excavated material, which are proposed to be contained entirely within the city streets and sidewalks ordinance,as discussed with the past two items. Staff have not received any opposition to this request and are recommending approval to provide clearer and more consistent guidance for staff and applicants. Ms. Byler: Thank you. You may be seated, but don't go far. (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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr.Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair) X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X u_1 2% .r 5' to CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — AN ORDINANCE TO AMEND CITY CODE CHAPTER 19 PERTAINING TO MOBILE HOMES MEETING DATE: June 16, 2026 ■ Background: This text amendment updates Chapter 19 of the City Code pertaining to mobile homes, which permits freestanding mobile homes under the following circumstances. 1) Temporary freestanding mobile homes to be used exclusively for office quarters while the construction of the principal building is being planned and completed 2) Freestanding mobile homes in an agricultural district in conjunction with a principal residential building, with conditions as listed in Section 19-19 This amendment updates the enforcing department of Chapter 19, Article II from Public Works to Planning to align with current business practices. Further, this amendment clarifies condition 2 relating to mobile homes in an agricultural district to match the existing interpretation: the 400-foot setback from another residence only applies to residences on adjacent parcels, not the principal residential building on the same parcel. (2) The mobile home is not located within four hundred (400) feet of any other residence existing on an adjacent parcel at the time application is made to locate the mobile home. ■ Considerations: The proposed amendment aligns with current policy and is in keeping with the purpose and intent of the City Code. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ 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. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: Agenda ItemI A• • of BeachPlanning • • •lic Hearing: May 13, 2026 ■ Mobile HomesOrdinance Amendment An ordinance to amend City Code Chapter 19 pertaining to mobile homes. Summary of Request This text amendment updates Chapter 19 of the City Code pertaining to mobile homes, which permits freestanding mobile homes under the following circumstances. 1) Temporary freestanding mobile homes to be used exclusively for office quarters while the construction of the principal building is being planned and completed 2) Freestanding mobile homes in an agricultural district in conjunction with a principal residential building, with conditions as listed in Section 19-19 This amendment updates the enforcing department of Chapter 19, Article II from Public Works to Planning to align with current business practices. Further, this amendment clarifies condition 2 relating to mobile homes in an agricultural district to match the existing interpretation: the 400-foot setback from another residence only applies to residences on adjacent parcels, not the principal residential building on the same parcel. (2) The mobile home is not located within four hundred (400) feet of any other residence existing on an adjacent parcel at the time application is made to locate the mobile home. Recommendation Staff recommends approval of this ordinance. The proposed amendment aligns with current policy and is in keeping with the purpose and intent of the City Code. City of Virginia Beach Agenda Item 4 page 1 of 4 1 AN ORDINANCE TO AMEND CITY CODE CHAPTER 2 19 PERTAINING TO MOBILE HOMES 3 4 CHAPTER AMENDED: 19 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That Chapter 19 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and reordained to read as follows: 11 12 CHAPTER 19 MOBILE HOMES 13 14 ARTICLE I. IN GENERAL 15 16 Sec. 19-1. Definitions. 17 18 For the purposes of this chapter, the following words and phrases shall have the 19 meanings respectively ascribed to them by this section: 20 21 Freestanding mobile home: A mobile home that is not located in a mobile home 22 park. 23 24 Mobile home: Any vehicle designed, maintained and offered or used for living or 25 sleeping purposes which is equipped or intended to be equipped with wheels or other 26 devices for the purpose of transporting the unit. 27 28 Sec. 19-2. Violations of chapter. 29 30 Unless otherwise specifically provided, a violation of any provision of this chapter 31 shall constitute a Class 1 misdemeanor. 32 33 Secs. 19-3-19-15. Reserved. 34 35 ARTICLE II. FREESTANDING MOBILE HOMES 36 37 Sec. 19-16. Enforcement of article. 38 39 This article shall be enforced by the director of planning publiG WGFkS or his 40 designee. 41 42 Sec. 19-17. Permit required. 43 44 It shall be unlawful for any person to maintain, operate, occupy or use a 45 freestanding mobile home, unless such person shall have obtained a permit therefor from 46 the department of planning pubic works. 47 48 Sec. 19-18. Temporary use. 49 50 A permit for a temporary freestanding mobile home, to be used exclusively for 51 office quarters while the construction of the principal building is being planned and 52 completed or as temporary office quarters for firms engaged in highway construction, 53 building construction and trucking operations may be issued by the department of 54 planning publiG WGF for a period not to exceed one calendar year, provided all 55 requirements of the city zoning regulations are otherwise complied with. Such permit may 56 be renewed for additional twelve-month periods. 57 58 Sec. 19-19. Location in agricultural districts. 59 60 (a) A permit to allow one (1) freestanding mobile home may be approved by the 61 department of publiG works planning in any area zoned agricultural district, provided 62 the following conditions are complied with: 63 64 (1) The mobile home is located to the rear or side and on the same lot or parcel with 65 a principal residential building and all dimensional requirements for two (2) 66 dwellings are complied with and the required yards or open space of the principal 67 dwelling are not encroached upon. 68 69 (2) The mobile home is not located within four hundred (400) feet of any other 70 residence existing on an adjacent parcel at the time application is made to locate 71 the mobile home. 72 73 (3) The immediately adjoining property owners and those directly across the fronting 74 street shall be notified by the department of publiG works planning of the receipt 75 of an application to place a mobile home. Such notice shall be mailed at least 76 fifteen (15) days prior to the issuance of a permit by the department of publi 77 works planning.The address to which such notice shall be sent by the 78 department of planning shall be that as shown on the tax records of the city. 79 80 (4) The department of planning publiG works shall not issue a permit to locate a 81 freestanding mobile home until the method of sewage disposal for such mobile 82 home is approved by the department of public health. 83 84 (5) A freestanding mobile home authorized under the terms of this section shall not 85 be occupied by anyone not a member of the immediate family resident in the 86 principal dwelling on the lot or parcel and such mobile home shall not be 87 occupied by more than one (1) family. For the purpose of this section, a member 88 of the immediate family is defined as any person who is a natural or legally 89 adopted child, grandchild or spouse or parent of the owner. 90 91 (6) The department of planning shall, upon written receipt of an objection from 92 persons set forth in (3) above to the placement of a freestanding mobile home, 93 refer the application to the city council for approval or disapproval. If no objection 94 is received by the department of planning publiG works, it shall be authorized to 95 issue the freestanding mobile home permit at the expiration of the notification 96 period. 97 98 (b) Notwithstanding the provisions of subsection (a) hereof, the city council may, by 99 resolution, allow the continuation of an existing freestanding mobile home if the 100 circumstances under which the original approval took place change, provided the 101 council finds the mobile home to be compatible with surrounding land use. In the 102 resolution permitting such continuation, the city council may attach conditions and 103 safeguards to its approval as it deems necessary to assure such compatibility. 104 105 (c) A temporary special permit may be issued by the department of planning 106 for a period not to exceed nine (9) months in a case where a single-family dwelling 107 has been destroyed or damaged by fire or other disaster to an extent which makes 108 such dwelling uninhabitable and only where such dwelling is to be rebuilt or repaired. 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: lanning Department City Attorney's Office CA17104 R-1 February 18, 2026 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #4 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: Item 4 is by the City of Virginia Beach. Thank you,Ms. Sabo. For the record,please state your name. Ms. Sabo: Good afternoon. Hannah Sabo, Zoning Administrator for the City of Virginia Beach. Agenda Item 4 is an ordinance to amend City Code Chapter 19 pertaining to mobile homes. This text amendment updates Chapter 19, which permits freestanding mobile homes under certain circumstances. This amendment updates the enforcing department of Chapter 19, Article 2, from Public Works to Planning, to align with current business practices. Further, this amendment clarifies Condition 2 relating to mobile homes in an agricultural district to match an existing interpretation: the 400-foot setback from another residence only applies to residences on adjacent parcels, not the principal residential building on the same parcel. There have been no opposition for this amendment and staff recommends approval of the ordinance. The proposed amendment aligns with current policy and is in keeping with the purpose and intent of the City Code. Ms. Byler: Thank you, Ms. Sabo. You may be seated. (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. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr. Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1, 2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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,Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X ��•yCl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 5.9 OF THE CITY CODE APPENDIX D, EROSION AND STORMWATER MANAGEMENT, PERTAINING TO CONSTRUCTION GENERAL PERMIT FEES MEETING DATE: June 16, 2026 ■ Background: This amendment is needed to keep the City Erosion and Stormwater Management Ordinance in compliance with state regulations. DEQ has updated 9VAC25-875 to require annual adjustments to statewide fee schedules for the Virginia Erosion and Stormwater Management Program Permit for Discharges of Stormwater from Construction Activities, MS4 permits, permit modification or transfer, and permit maintenance. These stormwater fees are intended to cover both municipality review costs and DEQ administrative costs, so the applicant sends 30% of the fee directly to DEQ, and 70% is paid to the City. Planning processes this fee, along with other review fees, into the General Fund at the time of site plan submittal. The updated text includes a reference to the state regulations rather than listing specific fee amounts in the City Code, which would need to be updated annually as the fees are changed by the state. Detailed up-to-date fee information will be made available to the public through a guidance document provided on the Planning Department Website. ■ Considerations: This amendment will update the City Erosion and Stormwater Management Ordinance to remain compliant with updated state regulations that will be effective as of July 1, 2026. 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. City of Virginia Beach Page 2 of 2 ■ 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: �0 Agenda ' • • of Planning Commission Virginia' • 2026 StormwaterState • • . Stormwater Management Ordinance Amendment • An ordinance to amend Section 5.9 of the City Erosion and Stormwater Management Ordinance pertaining to construction general permit fees, specifically to reflect updated stormwater permit-related fees approved by the Virginia Department of Environmental Quality (DEQ). Summary of • This amendment is needed to keep the City Erosion and Stormwater Management Ordinance in compliance with state regulations. DEQ has updated 9VAC25-875 to require annual adjustments to statewide fee schedules for the Virginia Erosion and Stormwater Management Program Permit for Discharges of Stormwater from Construction Activities, MS4 permits, permit modification or transfer, and permit maintenance. These stormwater fees are intended to cover both municipality review costs and DEQ administrative costs, so the applicant sends 30%of the fee directly to DEQ and 70% is paid to the City. Planning processes this fee along with other review fees into the General Fund at the time of site plan submittal. The updated text includes a reference to the state regulations rather than listing specific fee amounts in the City Code, which would need to be updated annually as the fees are changed by the state. Detailed up-to-date fee information will be made available to the public through a guidance document provided on the Planning Department Website. See fee increase changes in the tables that follow. City of Virginia Beach Agenda Item 5 page 1 of 8 Duplex or Two Single-Family Dwellings on One Lot ModificationProject Size— Stormwater Stormwater Stormwater Site Plan Land Watershed Plan Review Permit Fee Permit Annual Fee Increase Review Disturbing Fee Area Fee Fee <2500 sf All n/a n/a n/a n/a n/a n/a 2500 sf< 1 Chesapeake $205 n/a n/a n/a n/a $330 acre Bay 2500 sf< 1 Atlantic or n/a n/a n/a n/a n/a $330 acre Southern 2500 sf< 1 All $205 $20 $30 $50 $80 $330 acre in CPOD l acre<5 � All $205 $200 $320 $400 $650 $330 acres >5 acres All same as site same as site same as site same as site same as site $330 plan below plan below plan below 1 plan below plan below Site Plan: Commercial, Office, Industrial, Multi-Family (3 or more dwelling units on one parcel), or Mixed Use Developments and RUD Plans Modification—Land Watershed Plan Fee Permit Fee Permit Annual Fee Plan Disturbing Review Fee Increase Area Fee Fee Fee <2500 sf All n/a n/a n/a n/a n/a n/a n/a 2500 sf< 1 Chesapeake $600 n/a n/a n/a n/a n/a $900 acre Bay 2500 sf< 1 Atlantic or n/a n/a n/a n/a n/a n/a $900 acre Southern 2500 sf< 1 All $600 n/a $20 $30 $50 $80 $900 acre in CPOD 1 acre<5 All $1,944 $2,870 $200 $320 $400 $650 I $1,000 acres 5 acres< 10 All $2,448 $3,570 $250 $400 $500 $800 $1,333 acres _ 10 acres<50 All $3,240 $4,760 acres $300 $480 $650 $1,050 $2,847 50 acres< 100 acres All $4,392 $6,370 $450 $72� $900 $1,450 $5,877 > 100 acres All $6,912 $10,010 $700 $1,120 $1,400 $2,250 $7,560 City of Virginia Beach Agenda Item 5 page 2 of 8 Subdivision Construction Plans (SCP) Modification—Land Watershed Plan Fee Permit Fee Permit Annual Fee Review Disturbing Review Fee Increase Area Fee Fee <2500 sf All n/a n/a n/a n/a n/a n/a n/a 2500 sf< 1 Chesapeake $600 n/a n/a n/a n/a n/a $900 acre gay 2500 sf< 1 Atlantic or n/a n/a n/a n/a n/a n/a $900 acre Southern 1 acre<5 All $1,944 $2,870 $200 $320 $400 $650 $1,000 acres 5 acres< 10 All $2,448 $3,570 $250 $400 $500 $800 $1,333 acres 10 acres< All $3,240 $4,760 $300 $480 $650 $1,050 $2,847 50 acres 50 acres< All $4,392 $6,370 $450 $720 $900 $1,450 $S,877 100 acres > 100 acres All $6,912 $10,010 $700 $1,120 $1,400 $2,250 $7,560 Recommendation Staff recommends approval of this ordinance. This amendment will update the City Erosion and Stormwater Management Ordinance to remain compliant with updated state regulations that will be effective as of July 1, 2026. City of Virginia Beach Agenda Item 5 page 3 of 8 1 AN ORDINANCE TO AMEND SECTION 5.9 OF THE CITY 2 CODE APPENDIX D, EROSION AND STORMWATER 3 MANAGEMENT, PERTAINING TO CONSTRUCTION 4 GENERAL PERMIT FEES 5 6 Section Amended: § 5.9 Erosion and Stormwater 7 Management 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 5.9 of Appendix D, Erosion and Stormwater Management are 16 hereby amended and reordained to read as follows: 17 18 APPENDIX D STORMWATER MANAGEMENT 19 20 Sec. 5.9. Fees. 21 22 A. In instances when an erosion and sediment control only plan is submitted, a plan 23 review fee in the amount of one hundred dollars ($100.00) shall be required. 24 25 B. The City of Virginia Beach Land-disturbing Activity and Stormwater permit requires 26 both permit and inspection fees. This includes a permit fee in the amount of 27 seventy-five dollars ($75.00) and inspection fee in the amount of one and five- 28 tenths (1.5) percent of the total cost of construction as provided in the engineer's 29 cost estimate for the stormwater management system, with a fifty-dollar ($50.00) 30 minimum. Such fees shall be submitted to the Director of Planning or his designee 31 and made payable to the treasurer of the City of Virginia Beach. 32 33 C. Fees to cover costs associated with implementation of a VESMP related to land- 34 disturbing activities and issuance of general permit coverage and VESMP authority 35 permits shall be imposed in accordance with 9VAC25-875-1400. Table 1 When 36 site nr cites has boon nurr+hased fnr development ��iithin a previously permitted vl vl�v1v 1IawV NVV11 rlMI VI14AV VlA I'V^I the lA development F.JI I�VIT«1f 37 � �f�plan ncrl� f development err—vale,the- }E^n�^II be I lhion+ to foe ("fetal 38 fee to be paid by appliGant" 39 +h�s+te e F s+te6aGGGrd i Rg to Table 40 41 Tab al o,,.-...,;+ 42 Cow +„ Foe p�irJ CPlan Reyle ui the 1 Chesapeake Rai, Dresep,ation AGt Land_Disti irhipn Single AGtiyifi�t subjent t�Rer�er� i Family:sityy i within designated areas of Chesapeake Bay_AGt IeGalit�? Duplex: with land r�distuia nGGe-acreages r greater ter than $28f5 2,500 square foot and loss than 1 aGre) All Otherrss • -�—o r'�� Management A $600 �� QeReFal/Ctnrm ateF W`ia ag erco action dingle $0 Gti"ity/I and Clearing (Areas within Gnmmon plans ofFamily: $0 development or sale with lan,-d rdisti irhanGGe aGr� Duplex: than 1 a�f r'. , "') All Others Ge Fal/StermwaterMa i geme�---Small ConstrUGtiGn Slagle Single Activity/Land Clearing (Sites or areas Vn,i� CGmmrmrren flans of development or sale with lard d*,sturb-:q e j: All Oth N a�.s vCtrrcc `.'`"I" "�� r�---�.Tcrrers� aGreage equal te or greater than n 1 aEre-and-less thn n Acres) All Other $ ,,944 ram} moral/Sterm r�ctlen water Management LaFge Genst $2,448 $Q Acli ity!Land GlearlRg (Sites e,.,r-areas Within omrrmmon plans of d r_�t ent or sale l with land disti irbannGee aGreage equal to or greater than 5 aGres and less than 10 ,..uy.. ...�...ui iv v� yi�.uwi u�u�� v uv�a....� urru ia..�.a crru�r-ry GeReral/Stermwater ManagerneRt La, n tr,,GtO $-3 240 $1,268 AGt;vity/Land--Clearing [Sites or within c mmGn plans of development or sane„ with Iand rdisti RGe acreage equal to or greater than . 0 arras and less than 50 acres veReer-al/sti�3rrnyiater Management Large nst�nryu�Eryt�l(nv�rrn� $4,3922 $1, 08 Activity/Landr� sT`'�.7 Clearing (Cites nil-"'LTFeas Withi Rl�li MO"R PlaRS of deY pmrT�eRt oo;than land dist�rRGe acreagel equal to er greater Tha1n 50 arras and less t�h-a1`'1T General/Sterrnwater Man-ageMencrrt —Larne Gen tr intinn $6,912 $2,688 oc+�;Laand Clearing (Sites or areas Within—commGn plans of development or sale with d�turbaRGe aGreage equal to or greater than 100 aGres4 43 44 if the project iS GeMpletely administered by the department SUGh as may be the case 45 for—a state or federal projeGt OF projects cevercred-by individual permits,t"e entire 4V appliGaitt fee shall he paird to the departmen+ 47 48 D. Fees for the modification or transfer of registration statements from the general 49 permit issued by the department shall be imposed in accordance with 9VAC-875- 50 1410. Tablez—if the general permit medifiGations result On Ghanges to tor.,.mate 51 manageMeRt plans that require additional review by the City SUGh reviews shall be 2 52 subjeGt tO the fees set out On Table 2. The fee assessed shall be based on the tetal 53 disturbed aGreage of the site. in additien to the general permit modifiGatieR fee, 54C1 in �n inc 55 difference + 56 ffer the total disturbed acreage in Table 1 57 58 59 Permit for discharges of Ctermwater from Gonstrl lotion ActMties 60 Goo Amount General/Stermwater Management Small CenstFuGtoon $20 AGt'�ty/Land ramlea�g--(,(Areas �niioo thin GeMmen plans,_of development- er salp�hland turhbarnce-acreage loss than G eR e rallSterraawater---M a n ag eMeRt Small e nStFUctlO; $208 Gtl\/Ity/I and (Tearing (Sites er areas within common plans of development or sale with land disturbance acreage equal to ogreater than 1 and less than 5 aGres) General/Stermwate;—MaRagernms,Tt—Larne ConStFUGtion $250 GtiVity/I and (Tearing (Sites or area within common plans e development or sale with land disturbance acreage equal to or Genera!/Stermwate r Management Large enstru(fitien ��nn l.1 GtMty/I and (Tearing /Cites or areas within common plops cf w�+�� develOpTMeRl o -saleGwith l?pTTQ-'d istI I.L rL anGe as Gf_ag_ equal to e Geideral/StoFmwater MaRagement Large COnStFLAGtO R $rg ActiVity/I and (Tearing (Sates or area within common plans of development or sale with land disturbance acreage equal to or Genera!/Ste rmwater MaRagement Large enStFUGtlOR $7-90 �_c_tivity/I and (Tearing (Sites or areas within common plant. of i wa development or sale with land disturbance acreage equal to ogreater than 100 aGFe-&) 61 62 E. The following annual permit maintenance shall be imposed in accordance with 63 Table 9VAC25-875-1420, including fees imposed on expired permits that have 64 been administratively continued. With respect to the general permit, these fees 65 shall apply until the permit coverage is terminated. 66 67 Table 32 Permit Maintenance Fees 68 Type of Permit Fee Amos Int Chesapeake—Bay Dreseniation Act Land Disturbing Act" /pgt s ect to GeneralPermit coverage; sites within t.�vi� cc�cv—� ---��..Trrrr�cBVc��'itC��vrcrrrn designated areas of Chesapeake Bay AG-t lecal*t*es with-ta-Rd. rlicturbanno acreage-equal tocv-errgTeateF than 2,500 6quare feet and less thaR 1 (Qener-AVSte'FmwateFManagementSmallnStF Hon $5n �AGtiyity/Land Clearing Fe within thin nnmmen plans a w�� developmentaRllewith Iand di6t Irbanno anreage loss than dey ent�gland disturbanno equal to or greater Gen Frnwater Ma ageme 1t Larger enStrl I�n 5W AGtiVity/Land Clearing (Sites er aFeas within Gernmen plans e development er sale with Iand disturbanGe aGreage equal te 9 Glpel rerol/Ste Frnwater Management -Large Genetrl ln�n C' 0 development rar sale with land died Irbanno anreage equal to ogreater than 10 aGres and less than 50 aGFe-&) development �l��a,�}U,�.- �A i eneFaliSterrn ateF MFanagemont Large GOn6trl I�T $WO greater than 50 aGFes and less than 100 aGFe-&) Genera!/Stern; ateF Management Large GGnStr�tien $T400 Antiyity/I and Clearing (Cites or areas within nommon plans e / ♦vuYla}r/a_u�lu 69 70 General permit coverage maintenance fees shall be paid annually to the City, by the 71 anniversary date of general permit coverage. No permit will be reissued or automatically 72 continued without payment of the required fee. General permit coverage maintenance 73 fees shall be applied until a Notice of Termination is effective. 74 75 F. The fees set forth in subsections A through C of this section, shall apply to: 76 77 1. All persons seeking coverage under the general permit. 78 2. All permittees who request modifications to or transfers of their existing 79 registration statement for coverage under a general permit. 80 3. Persons whose coverage under the general permit has been revoked shall 81 apply to the department for an Individual Permit for Discharges of Stormwater 82 from Construction Activities. 83 84 G. Permit and permit coverage maintenance fees outlined under section 5.9 may apply 85 to each general permit holder. 86 87 H. No general permit application fees will be assessed to: 88 4 89 1. Permittees who request minor modifications to general permits as defined in 90 section 1.2 of this Ordinance. Permit modifications at the request of the 91 permittee resulting in changes to stormwater management plans that require 92 additional review by the VESMP Administrator shall not be exempt pursuant to 93 this section. 94 2. Permittees whose general permits are modified or amended at the initiative of 95 the department, excluding errors in the registration statement identified by the 96 VESMP Administrator or errors related to the acreage of the site. 97 98 I. All incomplete payments will be deemed as non-payments, and the applicant shall 99 be notified of any incomplete payments. Interest may be charged for late payments 100 at the underpayment rate set forth in Code of § 58.1-15 and is calculated on a 101 monthly basis at the applicable periodic rate. A ten (10) percent late payment fee 102 shall be charged to any delinquent (over ninety (90) days past due) account. The 103 City shall be entitled to all remedies available under the Code of Virginia in 104 collecting any past due amount. 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: Planning Department y Attorney's Office CA17212 R-1 April 20, 2026 5 Virginia Beach Planning Commission May 13, 2026 City Council Chambers Formal Hearing, 12:15 P.M. Public Meeting Item #5 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: And the last item on the City's agenda—agenda Item 5. Mr. Edwards, if you would please come back and read it into the record for us. Mr.Edwards: Good afternoon. For the record,my name is Seth Edwards,Development Services Administrator. I have one more ordinance to present to you this afternoon. Item 5 is an ordinance to amend Section 5.9 of the City's Erosion and Stormwater Management Ordinance to reflect updated stormwater permit-related fees recently approved by Virginia Department of Environmental Quality. This amendment will update the City's Erosion and Stormwater Management Ordinance to remain compliant with updated state regulations that become effective on July 1 st of this year. Staff have not received any opposition to this request and are recommending approval as presented. Ms. Byler: Thank you, Mr. Edwards. You may be seated. Thank you. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. Ms. Hippen: Vice Chair, I had Item 17 on the consent agenda. Did that change? Ms. Alcock: That was pulled at the request of the applicant's representative. Ms. Byler: The items currently on the consent agenda are 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 have a motion to approve by consent the items as read? Mr.Anderson: So moved. Ms. Hippen: Second. Mr. Coston: It has been moved by Commissioner Anderson and seconded by Commissioner Hippen that these items be approved by consent. Are 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 1,2, and 3. Thank you. Mr. Coston: Thank you, sir. Are we ready for the vote? Clerk: The vote is open. Commissioner Plumlee? Mr. Plumlee: Yes, with my abstentions noted. Thank you. Clerk: By recorded vote of 11 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, Madam Clerk. If you had an application that was on the consent agenda, your request will be scheduled for an upcoming City Council meeting; staff will contact you about the date. For those applications on the consent agenda,thank you for your participation. You may remain in this meeting either virtually or in person, or you are free to leave. Thank you. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X L. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY • ADVERTISING 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 • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • TIDEWATER COMMUNITY COLLEGE BOARD • TRANSITION AREA/I NTERFACI LITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 P.M. on June 16, 2026. _ws _ 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:06/02/2026 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. CITY COUNCIL'S BRIEFINGS A. FEDERAL EARMARKS AND FUNDING Anthony Bedell, UPDATE Senior Corporate& Government Relations Director-Beck& Poliakoff Alfonso Lopez, Senior Corporate& Government Relations Consultant-Beck& Poliakoff B. E-BIKES NEXT STEPS Amanda Jarratt, Deputy City Manager II. CITY MANAGER'S BRIEFING A. DATA CENTER ZONING REGULATIONS Kathy Warren, Director—Planning Peter Wallace, Director— Information Technology III.-VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A B I. INFORMAL and FORMAL SESSIONS S May 19,2026 T A I N E D H. MAYOR'S PRESENTATIONS 1. RESOLUTION—STIHL 100"ANNIVERSARY Uwe Hirsh, Sr. Vice President of Finance, Information Systems&Purchasing(Interim Co- President) Lorraine Amesbury Holder,Sr.Vice President of Operations(Interim Co-President) Scott Tilley,General Counsel,Legal Lindsy Hooper,Director of Business Events& Public Relations(Interim Vice President of Marketing) 2. PROCLAMATION—LGBTQ Pride Month Jamar Davis—Hampton Roads Pride President J.1. Ordinance to AUTHORIZE the C ity Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease Agreement for up to five(5) CONSENT years with Virginia Beach Bar Association for use of approximately 215 square feet at the Judicial Center - 2425 Nimmo Parkway, Building 10 re office space 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:06/02/2026 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 J N J.2. Ordinance to DONATE forty-eight(48)parking ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y y Y Y Y meters to the Vibe Creative District re use in an CONSENT art project J.3. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $725,220 from the Office of Local Defense CONSENT Community Cooperation to the FY2025-26 Capital Improvement Program to Project #100701 "Princess Anne Road Water Transmission Main"and AUTHORIZE a local match of$80,580 within Capital Project#100701 J.4. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y y $43,400 from the Virginia State Police to the CONSENT FY2025-26 Police Department Operating Budget re travel and training to address human trafficking in Hampton Roads K. APPOINTMENTS IZESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT 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 OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE BOARD TRANSITION AREMINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:29 PM OPEN DIALOGUE 16 SPEAKERS 7:10 PM