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HomeMy WebLinkAbout8-11-2026 FORMAL SESSION AGENDA City o"COMMUNITY FOR A LIFETIME Virginia Beach � U 2 2 v9�s S 0�v �F QUR NAZ��N City Council Agenda August 11, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. COUNCIL CHAMBER VOTING SOFTWARE UPDATE 3:00 P.M. Tia Harrington, Solutions Manager- Information Technology II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:30 P.M. Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 4:00 P.M. IV. CITY COUNCIL DISCUSSION / INITIATIVES/ COMMENTS 4:15 P.M. V. CITY COUNCIL AGENDA REVIEW 4:30 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:45 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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 7, 2026 2. INFORMAL and FORMAL SESSIONS—June 14, 2026 H. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE LII Adam M. Carroll and Court Will Driscoll, Celebration Chair Katie Collett, Celebration Chair I. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS PROPERTY Approximately 341.4+/-acres at 2500 Tournament Drive (known as Virginia Beach National Golf Course) to Dragas Associates, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 341.4+/-acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs; APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course; and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re sale and development of the property 2. Resolution to EXTEND the City/School Revenue Sharing Policy to June 30, 2028 (Requested by Virginia Beach School Board) 3. Ordinance to APPOINT Bridget Henzel to the position of Assistant City Attorney, effective July 9, 2026 4. Resolution to AUTHORIZE the issuance of Revenue Bonds in an amount not to exceed $7- Million by the Virginia Beach Development Authority(VBDA) re Victoria Place Apartments 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a five (5) year Ground Lease Agreement with T-Mobile Northeast, LLC for a portion of City-owned property at 616 North _ � . _ Great Neck Road re maintaining and operating wireless telecommunications facilities 6. Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned right- of-way known as Twin Mills Road re construct and maintain a monument sign with landscaping and underground electrical conduit DISTRICT 5 7. Ordinance to DONATE twenty-five (25) ballistic vests to the Department of Emergency Medical Services (EMS) of Northampton County re enhance personnel safety 8. Ordinance to ACCEPT and APPROPRIATE $187,626 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS)to the FY2026-27 Human Services Operating Budget re Peer Pilot Program for individuals adjudicated as Not Guilty by Reason of Insanity(NGRI) and AUTHORIZE two (2) full-time grant funded positions re targeted peer support services 9. Ordinance to ACCEPT and APPROPRIATE $45,540.70 from the Virginia Department of Health's Office of Emergency Medical Services to the FY2026-27 Department of Emergency Medical Services (EMS) Operating Budget and AUTHORIZE a grant match of$45,540.70 from existing funds in Capital Project#100729, "Public Safety Equipment Replacement II" re purchase one (1)Stair Pro Stair Chair and three (3) Power Stretchers 10. Ordinance to ACCEPT and APPROPRIATE$28,236 from the Congestion Mitigation and Air Quality Improvement Program (CMAQ) to the FY2026-27 Non-Departmental Operating Budget re reimbursement to the Vehicle Replacement Program 11. Ordinance to ACCEPT and APPROPRIATE $26,621 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re Problem Gambling Prevention Program 12. Ordinance to ACCEPT and APPROPRIATE $8,775 from the Virginia Department of Historic Resources (DHR) to the FY2026-27 Planning and Community Development Operating Budget; AUTHORIZE a grant match of$8,775; and AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement re update one (1) National Registrar of Historic Places nomination 13. Ordinance to ACCEPT and APPROPRIATE $6,699 from the Commonwealth to the FY2026-27 Office of the Voter Registrar Operating Budget re fund salary adjustments approved by the General Assembly L. PLANNING 1. BH FARMHOUSE, LLC/THE FARMHOUSE LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width and a Conditional Change of Zoninp,from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District re develop site into a 251-unit multi-family development with commercial space at 1805 Kempsville Road DISTRICT 7 RECOMMENDATION: APPROVAL 2. RONALD KISER/ RON &TARAH KISER for a Change in Nonconformity re construct a detached garage/storage shed at 1330 Credle Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. PUNGO SQUARE REAL ESTATE, LLC& ALLAN W. BROCK,JR. for a Conditional Change of Zoning from B-1 Neighborhood Business District & AG-2 Agricultural District to Conditional B-2 Community Business District re allow additional retail businesses at 1776 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 4. ATKINSON HOLDINGS, LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist District re permit retail uses at 608, 610, 612, 614 & 616 Norfolk Avenue and 633, 637 & 641 10th Street DISTRICT 5 RECOMMENDATION: APPROVAL 5. YMCA OF SOUTH HAMPTON ROADS/ MEMORIAL UNITED METHODIST CHURCH for a Conditional Use Permit re child day-care facility at 804 Gammon Road DISTRICT 1 RECOMMENDATION: APPROVAL 6. COASTAL TRAINING LLC/ CP ROADRUNNERS LLC for a Conditional Use Permit re indoor recreational facility at 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112 & 113 DISTRICT 6 RECOMMENDATION: APPROVAL 7. STEVE MERRILL WARNER & SHARI ELAINE WARNER for a Conditional Use Permit re home- based wildlife rehabilitation facility at 4317 Ben Gunn Road DISTRICT 9 RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH for Major Entertainment Venue Sign at 1016, 1093 & 1045 19th Street re Virginia Beach Sports Center DISTRICT 6 RECOMMENDATION: APPROVAL 9. ATLANTIC RENTAL HOMES/TIDEWATER ASSET GROUP LLC for a Conditional Use Permit re short term rental at 913 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL 10. SARAH WATKINSON /JOHN & SARAH WATKINSON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 209 DISTRICT 6 RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2303 re short term rental parking requirements RECOMMENDATION: APPROVAL 12. Ordinance to AMEND City Zoning Ordinance (CZO) Section 237 re mini-warehouses RECOMMENDATION: APPROVAL M. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISS►ON • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • STOP INC. BOARD • SOUTHSIDE NETWORK AUTHORITY • TIDEWATER YOUTH SERVICES BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT VIII. PUBLIC COMMENT/OPEN DIALOGUE Open Dialogue For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEM Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the https://vbgov.webex.com/weblink/register/r812dcle76f09c70c3a8cOd90ea5247f0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 11, 2026. City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson District 5 rcwilson@VBgov.com 1 757-713-3616 District 1: David Hutcheson 1 dhutcheson@VBgov.com 1 757-651-7641 District 2: Barbara M. Henley I bhenley@VBgov.com 1 757-426-7501 District 3: Michael F. Berlucchi I mberlucc@VBgov.com 1 757-407-5105 District 4: Dr. Amelia N. Ross-Hammond I arosshammond@VBgov.com 1 757-840-0735 District 6: Robert W. "Worth" Remick I wremick@VBgov.com 1 757-840-5855 District 7: Cal "Cash"Jackson-Green I ciacksongreen@VBgov.com 1 757-629-8792 District 8: Stacy Cummings I stcummings@VBgov.com 1 757-629-8691 District 9:Joashua F. "Joash" Schulman I ichulman@VBgov.com 1 757-840-1291 District 10:Jennifer Rouse I ivrouse@VBgov.com 1 757-840-1821 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney I City Manager Amanda Barnes 1 City Clerk Mark D. Stiles I City Attorney Sue Cunningham I City Real Estate Assessor Lyndon S. Remias I City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Phone:757-385-4303 1 Fax: 757-385-5669 I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. COUNCIL CHAMBER VOTING SOFTWARE UPDATE 3:00 P.M. Tia Harrington, Solutions Manager - Information Technology II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:30 P.M. Kaitlen Alcock, Planning Administrator Ill. CITY COUNCIL LIAISON REPORTS 4:00 P.M. IV. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:3.5 P.M. V. CITY COUNCIL AGENDA REVIEW 4:30 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:45 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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 7, 2026 2. INFORMAL and FORMAL SESSIONS —June 14, 2026 H. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE LII Adam M. Carroll and Court Will Driscoll, Celebration Chair Katie Collett, Celebration Chair I. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS PROPERTY Approximately 341.4 +/- acres at 2500 Tournament Drive (known as Virginia Beach National Golf Course)to Dragas Associates, Inc. 1 r' PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,August 11,2026,at 6:00 p.m.,In the Council Chamber of the City Hall-Bldg.1 at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public Input to determine whether the following property should be declared in excess of the City's needs and sold to Dragas Asswates,Inc. Approx.341.4 acres of land and the Improvements thereon, being all or portions of GPINs: 1494-52-3434, 1494-34A919, 1494-13.7202 and 1494-03-5237,including a portion of the Virginia Beach National Golf Course,located at 2500 Tournament Drive. If you are physically disabled or visually Impaired and need assistance at this meeting, please cap the City Clerk's Office at 757-385-4303; Hearing Impaired,call 1-800-828.1120(V rginia Relay-Telephone Device for the Deal). Any questions concerning this hearing should be directed to the Department of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 3856464, mdebSmcsun. 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 757.385-0303 prior to 5:00 p.m.on August 11, 2026. 2. Download WebEx and view the meeting at: hKos:llvtregv�t�ex:comJwebllm kt r e2t5i erlr$12dC iE76f09c 70c3 a$cOd9Oea5247f0 All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 2,2026 4ti� fx CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring 341.4+/-Acres of City Property to be in Excess of the City's Needs 2) Approving the Term Sheet for the Redevelopment of Virginia Beach National Golf Course and 3) Authorizing the City Manager to Enter into a Purchase and Development Agreement for the Sale and Development of the Property to Dragas Associates, Inc. PUBLIC HEARING: August 11, 2026 MEETING DATE: August 11, 2026 ■ Background: The City of Virginia Beach (the "City") owns property located at 2500 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434) consisting of approximately 350 acres, a portion of which is currently operated as the Virginia Beach National Course (the "Golf Course Property"). The City also owns land adjacent to the Golf Course Property (GPINs: 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm Property"). On October 12, 2025, the City issued its Request for Proposals (RFP#ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of the Golf Course Property, for the operation of Virginia Beach National Golf Course ("VBN") and such other uses as deemed appropriate by the proposers. After a review of all responsive proposals received, City Council directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") pursuant to the Developer's proposal submitted in response to the RFP. Approximately 50 acres of the Golf Course Property is currently operated as the First Tee of Virginia Beach by the YMCA of South Hampton Roads (the "First Tee Property"). The First Tee Property was not included in the RFP. To ensure continued operations on the First Tee Property, an Ordinance to transfer the First Tee Property to the YMCA of South Hampton Roads will be brought for City Council's consideration at a future meeting. The Developer proposes to (i) purchase a portion of the Golf Course Property and a portion of the Farm Property, consisting of approximately 341.4 acres (collectively, the "Property") (ii) refurbish and partially reconfigure VBN utilizing the existing Golf Course Property and a portion of the Farm Property, (iii) develop a maximum of 20 stay and play cottages on the Golf Course Property, (iv) potentially develop a daycare facility, and (v) develop new ancillary golf amenities such as a putting course, new maintenance facility and improved clubhouse (collectively, the "VBN Project"). In addition to the VBN Project, the Developer intends to construct 659 residential units and associated amenities on portions of the Property outside of the Interfacility Traffic Area where residential uses are allowed (the "Residential Project" and with the VBN Project, the "Project"). The proposed layout of the Project is shown on the attached Location Map. Once constructed, Developer would provide for the continued operation and maintenance of all elements of the Project at its cost. City staff and the Developer have negotiated the proposed Project and have agreed, subject to the approval of City Council and City of Virginia Beach Development Authority (the "Authority"), on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, as more specifically set forth in the Term Sheet attached to the Ordinance as Exhibit A. The continued operation of the golf course was a critical element in the selection of the Developer in the RFP process. Under the terms of the Project, VBN would remain a publicly accessible golf course designed to increase local play and add to the City's sports tourism market. The City will reserve a 99-year repurchase option for the golf course land should the golf course cease to be operated as a public golf course for a period of more than 2 years. ■ Considerations: The City leases the Golf Course Property to the Authority. The Authority entered into a management agreement in 2007 with Virginia Beach Golf Club, LLC for the management and operation of VBN that expires on December 31, 2026. Recent condition assessments of VBN have disclosed significant deterioration of the golf course and clubhouse. To address and prevent further deterioration at VBN, the cost of capital repairs and maintenance is estimated to be $7.7 million. The Authority's receipts under the current management agreement are not adequate to cover VBN's capital costs. The parties anticipate that new `but-for' tax revenue generated by the Project will reach approximately $3.4 million per year once the Project is complete. The housing component of the Project would meet the diversity and attainability goals outlined for the Courthouse Area in the Comprehensive Plan. The anticipated total costs of refurbishing the golf course to its former Pete Dye standard and of constructing the stay and play cottages is approximately $38 million. This funding consists of(i) the $17.94 million purchase price paid by Developer for the Property, which will be reinvested in the golf course, (ii) plus an additional $18.4 million contributed by the Developer and (iii) and $1.82 million in Authority funds, which were set aside by the Authority for golf course improvements, including upgrades to the stormwater facilities. The City would also be responsible for payment of (i) an additional $4.3 million for infrastructure to support the VBN Project, and (ii) up to an additional $3.6 million for contingency cost overruns associated with the infrastructure elements of the VBN Project. Developer would be responsible for all other cost overruns, but could recoup up to a maximum of $10.2 million in cost overruns associated with the VBN Project. Those monies would be paid by the City from the `but-for' tax revenues generated at the Project. Approval of the sale of the Golf Course Property requires an affirmative vote of nine members of the City Council. The authorization to sell is conditioned on execution of a Purchase and Development Agreement consistent with the terms of the attached term sheet. Should any terms of the transaction materially change during the development of the definitive project documents, re-authorization of the sale and transaction would also require a nine-vote supermajority of City Council. ■ Public Information: As required by Section 15.2-1800 et seq., a public hearing will be advertised in The Virginian-Pilot on August 2, 2026, and will be held on August 11, 2026. A prior public hearing was conducted on July 7, 2026; however, an error in the description of the property to be conveyed necessitates a second public hearing. An open session City Council briefing was held on June 16, 2026. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Draft Term Sheet(Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval / �A Submitting Department/Agency: Economic Development �J City Manager: /✓ E i I t I i i i f I i 1 AN ORDINANCE 1) DECLARING 341.4+/- ACRES OF 2 CITY PROPERTY TO BE IN EXCESS OF THE CITY'S 3 NEEDS 2) APPROVING THE TERM SHEET FOR THE 4 REDEVELOPMENT OF VIRGINIA BEACH NATIONAL 5 GOLF COURSE AND 3) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AND 7 DEVELOPMENT AGREEMENT FOR THE SALE AND 8 DEVELOPMENT OF THE PROPERTY TO DRAGAS 9 ASSOCIATES, INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2500 12 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434) consisting of approximately 13 350 acres, a portion of which is currently operated as the Virginia Beach National Course 14 (the "Golf Course Property"),- 15 16 WHEREAS, the City also owns land adjacent to the Golf Course Property (GPINs: 17 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm 18 Property"); 19 20 WHEREAS, on October 12, 2025, the City issued its Request for Proposals (RFP 21 #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of 22 the Golf Course Property, for the operation of Virginia Beach National Golf Course 23 ("VBN") and such other uses as deemed appropriate by the proposers; 24 25 WHEREAS, after a review of all responsive proposals received, City Council 26 directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") 27 pursuant to Developer's proposal submitted in response to the RFP; 28 29 WHEREAS, the Developer proposes to (i) purchase a portion of the Golf Course 30 Property and a portion of the Farm Property, consisting of approximately 341.4 acres 31 (collectively, the "Property"), (iii) partially reconfigure and refurbish VBN, (ii) continue 32 operating VBN and associated amenities as a public golf course, (iii) develop 33 approximately 659 residential units and associated amenities, (iv) develop a maximum of 34 20 stay and play cottages, (v) potentially develop a daycare facility, (vi) develop an 35 illuminated 18-hole putting course, (vii) create two grand entrances, and (viii) develop a 36 new golf course maintenance facility to replace the existing facility (collectively, the 37 "Project"); 38 39 WHEREAS, City staff and the Developer have negotiated the terms and conditions 40 for the proposed Project and the relative responsibilities of the City, Developer and the 41 City of Virginia Beach Development Authority ("Authority") necessary to execute a 42 purchase and development agreement, as more specifically set forth in the draft term 43 sheet attached hereto as Exhibit ("Term Sheet"); 44 45 WHEREAS, VBN would remain a publicly accessible golf course and the City 46 would maintain a 99-year repurchase option should the golf course cease to be operated 47 as a public golf course for a period of more than 2 years, all as set forth and defined in 48 the Term Sheet; and 49 WHEREAS, City Council is of the opinion that the sale of the Property and 50 development of the Project will support the creation of additional housing units while 51 ensuring the reconfiguration and continuation of the golf course to the benefit of the 52 citizens of Virginia Beach. 53 54 NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA, 56 57 1. That the Property is hereby declared to be in excess of the needs of the City 58 of Virginia Beach. 59 60 2. That the Property is authorized to be sold on the terms and conditions as 61 materially set forth in the Term Sheet, attached hereto as Exhibit A, and incorporated 62 herein. Any material change to the terms of the transaction shall require a new 63 authorization of sale with a supermajority vote. 64 65 3. That the City Manager, or his designee, is hereby authorized to execute any 66 and all documents necessary for the sale of the Property as contemplated herein, so long 67 as the documents are substantially in accordance with the terms set forth in the Term 68 Sheet, and such other non-material terms, conditions or modifications as may be 69 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 70 71 4. That the City Manager shall refund to the Commonwealth such amount 72 attributable to the Farm Property as required by the Grant Agreement between the City 73 and the Commonwealth for property acquisition around Oceana and the ITA. Funding for 74 this payment shall come from Capital Project 100282 "Oceana & ITA Conformity and 75 Acquisition II". 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 78 , 2026. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Economi6lDevelopment CAI 7166 \\vbgov.com\dfs I kapplications\citylaw\cycom32\wpdocs\d011\p055101138766.docx R-1 8/3/2026 City 6-16-26 EXHIBIT A TERM SHEET PRINCESS ANNE LANDING June_2026 The City of Virginia Beach (the "City") owns approximately 300 acres used for the operation of Virginia Beach National Golf Course ("VBN") and approximately 45 acres directly adjacent to VBN, further described and defined in Section 1 below as the "Property" and depicted on Exhibit A. The City leases a portion of the Property for VBN to the City of Virginia Beach Development Authority ("Authority") pursuant to a lease dated October 7, 1997 (the"Lease"). Included in the Lease is approximately 50 acres,not included in the Property, operated as First Tee Virginia Beach ("First Tee")pursuant to a sub-sublease between TPC of Virginia Beach and the YMCA of South Hampton Roads ("YMCA") and an Assignment of Agreements by and between Authority, the City, Hampton Roads Junior Golf Foundation and the YMCA dated July 1 2009 (collectively the "Sublease"). On October 12,2025,the City issued its Requests for Proposals(RFP#ED-25-04)("RFP") seeking proposals for the purchase of two(2)parcels of land: a portion of 2500 Tournament Drive, GPIN 14943449190000; and GPIN 14945234340000 totaling approximately 350 acres, for the operation of VBN and such other uses as, deemed appropriate by the proposers. After a review of all responsive proposals received,the City Council of the City of Virginia Beach directed City staff to attempt to negotiate terms with Dragas Associates, Inc. ("Developer")pursuant to Developer's proposal submitted in response to the RFP. Developer proposes the purchase of the Property for (i) the partial reconfiguration and refurbishment of VBN, including the clubhouse and related facilities,and(ii)the continued operation of VBN and associated amenities as a public golf course, and (iii) the development of approximately 659 residential units and associated amenities, and(iv)the development of a maximum of 20 stay and play cottages,and(v)the development of a pad- ready site for a daycare facility, and(vi)the development of an illuminated 18-hole putting course with additional enhancements to the practice and training facility, and (vii) the creation of two grand entrances, each with enhanced landscaping and large scale monumentation, and (viii) the development of a new golf course maintenance facility to replace the existing-facility (collectively, and as further defined and described below, the "Project"). The parties acknowledge that new, `but-for' tax revenue generated by the Project is expected to reach approximately $3,400,000 per year at full Project buildout. Staff and Developer have discussed the proposed Project and have agreed, subject to the approval of City Council and Authority, on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, (the "Purchase and Development Agreement") and expeditiously bring the Project to fruition (the "Transaction") in order to minimize closure of the golf course for public play. 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 business terms of a possible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible Transaction is complex and issues may arise during the preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations to each other will only be as specified in any definitive agreements that ultimately may be developed. However, it is anticipated that the ordinance approving this Term Sheet and authorizing the sale of the property, will also authorize the City Manager to execute the final and binding Purchase and Development Agreement if there are no material changes in the business terms set forth herein. The parties acknowledge that negotiation of Purchase and Development Agreement will inherently require flexibility, and that refinements, adjustments, and evolution of the business terms set forth herein are expected and anticipated. Should material changes to the business terms set forth herein be identified, a revised Term Sheet and/or Purchase and Development Agreement will need to be approved by City Council and executed by all of the parties. Whether a proposed change is material, thus requiring additional, formal Council approval,will be determined by the City manager upon consultation with the City attorney and in their sole reasonable discretion; which will be exercised in good faith. Additionally,while none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate the Transaction or any related documentation or,if such negotiations commence, to continue such negotiations, the parties will use their good faith efforts to negotiate the Purchase and Development Agreement in accordance with the agreed upon Term Sheet.Nonetheless„by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for the Transaction and the willingness to commence negotiation and preparation of definitive documentation toward that end. 1. Pry F. k The boundary of the Property and approximated acreages of various intended uses within it will be determined in the Purchase and Development Agreement and refined prior to fmal site plan approvals as required to accommodate the execution of any or all elements of the Project. (a) A mately 300 acres constituting portions or all of parcels GPINs 1494344919000 4941372020000, and 14940352370000, including a portion of the area known as:the Brown Farm, will be utilized for the continued operations of a reconfigured eighteen-hole golf course (the "Golf Course"), clubhouse, maintenance facility,associated recreational facilities,the Daycare Property (as defined below), and the Stay and Play Property (as defined below) (collectively,the"Golf Course Property"). (b) Approximately 52 acres constituting portions or all of parcels GPINs 14945234340000 and 14943449190000 will be utilized for the development of the planned residential for-sale units (the"Residential Property"). 2 (c) Approximately 6 acres of the Golf Course Property may be utilized for the development of a maximum of 20 cottages, predominantly as an accessory to the Golf Course Property(the"Stay and Play Property"). (d) Approximately 1.8 acres of the Golf Course Property, constituting portions or all of parcel GPIN 14943449190000 will be utilized for the development of a pad ready daycare site (the"Daycare Property"). (e) The proposed approximate boundaries of the Golf Course Property and the Residential Property are shown on Exhibit A, attached hereto, and are referred to collectively as the"Property". y (f) The Property does not include the approximately 50-acre parcel shown on Exhibit A as "First Tee Property". The First Tee Property shall be created by the City as a valid legal parcel through the Virginia Beach subdivision process prior to Settlement, as defined below, and thereafter shall be conveyed to the YMCA pursuant to the direction of City Council. ` (g) The areas described in Section l(a) (b), and (d) above shall be created as separate valid legal parcels through the subdivision process in the City prior to Settlement,as defined below. Developer'and City or Authority shall be jointly responsible for obtaining all subdivisions necessary for the Project, with associated costs split equally between them. ... 2. General Description of The Project. (a) Golf Course` An estimated $38,160,000 will be invested into the Golf Course Property as follows: an estimated $19,760,000 from a combination of the Purchase Price ($17,940,000) and Authority Funds ($1,820,000), defined hereinafter,will be invested in the renovation of the Golf Course to include construction of new golf holes and associated improvements, renovation of remaining existing golf holes, construction of a new maintenance facility, completion of deferred clubhouse repairs, and renovations of the cart paths, irrigation systems and lakes; an additional estimated$18,400,000 in private investment (the "Additional'Private Investment") will be invested to include additional clubhouse upgrades and outfitting,up to 20 stay and play cottages, an illuminated 18-hole putting course, a grand'entrance at Nimmo Parkway, and course outfitting including golf maintenance equipment. (i) Course Redgsi.>in. The current 18 holes shall be redesigned to retain the style of Pete Dye, as agreed by the parties. The parties will collaborate in the redesign and agree to minimize, to the extent possible, the proximity of any of the Residential Units to the fairways or active play areas of the Golf Course. The "Course Redesign" shall include all Golf Course Property development and improvements, excluding the vertical construction of the Stay and Play Property cottages. The Course Redesign shall also include the redesign, reconfiguration, and renovation of the Golf Course and all stormwater facilities necessary to serve the Property and Project and all 3 construction to fully complete same as approved. Course Redesign will be driven by stormwater design requirements,course playability,and the parties' shared commitment to the long-term financial sustainability of the Golf Course,and as such,Developer shall have the right to relocate, reconfigure, or otherwise modify any or all golf holes or associated features in the Course Redesign, provided such modifications are consistent with the existing course design and style. (ii) Clubhouse. The existing clubhouse will be renovated to improve the restaurant, locker rooms, and retail("Clubhouse"). (iii) Additional Golf Amenities. nated 18-hole putting course will be added, along with enhancements to the g practice and training facilities (collectively,the "Additional Golf Amenities.' , (iv) Golf Maintenance Failty. The existing golf maintenance facility will be demolished and a new facility will be constructed on the Golf Course Property. , (v) Construction. The City acknowledges than ` if Course operations will be closed during the Course Redesign for a period expected to be fifteen (15)to eighteen(18) months but not to exceed twenty-four (24) consecutive months from the time of Developer's receipt of all permits, approvals, and inspections required for Developer to commence the Course Redesign, excepting times necessitated by casualty, condemnation, force majeure, or other events beyond Developer's reasonable control. (b) Grand Entrances. Two new grand entrances will be constructed with one at the current intersection'of Tournament Drive and Princess Anne Road and the other new entrance at the intersection of Nimmo Parkway and West Neck Road ("Grand Entrances") in accordance with Section 5(e) below. Stay and Play. A maximum of 20 cottages shall be constructed on the ourse Property. The stay-and-play cottages will be used predominantly as an acce amenity for the Golf Course Property. (d) Residential Units. Approximately 659 for-sale dwelling units with amenities to include a club house, swimming pool, fitness center, and walking trail. The dwelling units will consist of four types of condominium units and will not exceed a density of eighteen (18) units per acre of the Residential Property that is unencumbered by the Interfacility Traffic Area. Developer shall use best efforts to target two of the four residential product types to households earning under 120% of Area Median Income. (e) Daycare Property. Development of approximately 1.8 acres for a pad-ready site restricted to daycare use.Developer will develop a pad-ready site and market the Daycare Property to licensed,professional daycare providers,who will,in turn,operate the facility. The facility will be privately constructed. Daycare provider and Developer shall mutually agree upon a deal structure,options for which may include but not be limited to a ground lease,pad-ready parcel sale,build-to-suit, spec build, or traditional lease. 4 3. Purchase Price and Settlement. (a) City shall sell the Property to Developer for Seventeen Million Nine Hundred Forty Thousand Dollars $17,940,000 ("Purchase Price") with no financing contingency. The Purchase Price will be invested into the Golf Course Property as demonstrated by reasonable documentation of costs submitted prior to requesting or receiving any City funds. (b) Transfer of title and payment of,the Purchase Price (the "Settlement") shall take place on or before 30 days from Developer receiving all local, state, and federal permit approvals (including rezonings) and subdivisions necessary or desirable in Developer's sole and absolute opinion for the development of the Project.Prior to Settlement, should permits be approved for the Course Redesign or any portion thereof, and depending on the scope and nature of any other outstanding permits,Developer may commence construction on the approved portion(s) of the Course Redesign prior to Settlement by mutual agreement with the City.`Such construction will serve to minimize the duration of the golf course closure, accommodate seasonal grass grow-in requirements, and facilitate a smooth operational.transition. At Settlement, the Purchase Price will be deposited into an interest-bearing account (the "Escrow Account"). (c) The Purchase and Development Agreement will contain provisions restricting any transfer,or conveyance of any interest in any part of the Property, except to Developer, or as mutually agreed in writing by Developer and the City. The parties agree to cooperate in good faith and shall take all reasonable and necessary steps to ensure that Developer's investment in the'Course Redesign', Clubhouse, Additional Golf Amenities, and Grand Entrances is fully protected and secured pending transfer of title, and City and Authority shall not take any action, or fail to take any action,that would impair,encumber, or diminish Developer's interest in the Property, the value of Developer's investment therein, or Developer's right and ability to receive title to the Property. Notwithstanding the preceding sentence,nothing shall prevent the City from taking actions in its municipal capacity as required or authorized by law. (d) The'City or Authority agrees to convey and transfer to Developer all interests in all furniture, fixtures and equipment located at or used in the operation of the Property (collectively,the 'FF&E"), to the extent the City or Authority has title to or any colorable interest in such FF&E or if same is abandoned at the Property by any third-party. Such conveyance shall be at no cost to Developer and delivered as part of the Purchase Price in consideration of the Developer's covenants in this Term Sheet and the Purchase and Development Agreement. 4. Developer Obligations. Developer shall be responsible for the following elements of the Project. 5 (a) Developer shall be responsible for payment of the full Purchase Price to City at closing as detailed in Sections 3 above. (b) Dragas Management Corporation, a related entity to Developer, shall serve as general contractor for the Project and all related improvements as described herein. Developer shall be responsible for submitting requests to draw from the Escrow Account (a "Draw Request") to the City or Authority, accompanied by reasonable documentation of costs incurred,no more frequently than monthly. (c) Developer acknowledges the City Council's 12% minority subcontractor goal and will make good faith efforts to work with the City to identify and. use SWaM subcontractors to the extent commercially reasonable. (d) In connection with the ours Redesign and Public Infrastructure Improvements, defmed hereinafter, Develop�r sh e best efforts to solicit a minimum of three (3) competitive bids for each materiaLc onent of the work prior to awarding any contract. � . 5. City/Authority Obligations. City shall be responsible for the following elements of the Project. O. cr, - (a) The Authority currently holds $750,000 in an account for maintenance at VBN (the "VBN Maintenance Account"). At settlement the Authority shall deposit the greater of (i) $750,000 or (ii) the balance of the VBN Maintenance Account, as well as an additional<$1,070,000 into the Escrow Account. To the extent the Authority receives payments from the existing operator under the existing management agreement prior S.,Settlement, Authority agrees to apply those payments to satisfy its maintenance obligations at the Golf Course and that it will add any remaining funds it retains from such payments to the Escrow Account at Settlement. The sum of all funds and payments associated with this Section 5(a) shall be the"Authority Funds." (b) ";�Purct Price and the Authority Funds (collectively, the "Dedicated Project Finds") sha Abe held in the Escrow Account. Any interest that is earned in the Escrow Account shall be added to the Dedicated Project Funds. (c) City. or Authority shall reimburse Developer for all hard and soft costs incurred in the design and construction of the Course Redesign following a corresponding Draw Request within thirty (30) days after receipt of each eligible Draw Request and associated documentation of costs incurred. Such costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (d) Inclusive in all Developer reimbursable costs described herein shall be a 10% general contractor fee paid to Developer's general contractor, Dragas Management Corporation, a related entity to Developer. 6 (e) The City agrees to provide such easements or use agreements on its property as may be needed for the performance of the Transaction and execution of the Plan of Development (as defined below) at no fee to Developer, including easements to allow the off-site enhancements for the Grand Entrance and any other signage related to the Project. The Grand Entrances may require additional area for monumentation and enhanced landscaping and,to the extent the real estate for the Grand Entrances is controlled by the City or Authority, the City or Authority will cooperate to provide required dedications,encroachment agreements,or temporary construction,perpetual maintenance, or other easements. (f) The City and Authority shall facilitate and'execute any right of entry agreements or authorizations necessary to provide Developer and its agents, contractors, and representatives access to the Property for purposes of due diligence, design, engineering, and construction activities related to theProject. 6. Infrastructure Improvements: The execution of the `act may require public and franchise utility and public road improvements (collecti the "Public Infrastructure Improvements") that provide benefits to the Golf Co Property, adjacent land owned by the City and Authority, and the First Tee Property. Such improvements also support the sustainability of long-term public recreation on the Golf Course Property. The Public Infrastructure Improvements shall include,but are not limited to, hard costs, soft costs, and associated general contractor fees of the following: (a) Turn lanes, road widening, franchise utility relocations/improvements, sidewalks, streetscape and landscaping improvements to Tournament Drive, a potential traffic signal at Tournament Drive and Princess Anne Road, and Project signage, excluding signage exclusively for the Residential Property. (b) Sewer and other utility extensions, improvements, and decommissions required to serve the Golf Course Property,the First Tee Property,and the two ")parcels owned by the Authority on Tournament Drive. 11�ti ` (c) To comply with the Virginia Public Procurement Act, the parties anticipate ole source determination for the design and construction of the Public Infrastruc rovements 4 f 7. D`eveloper and City/Authority Shared Obligations. (a) Public Infrastructure. City or Authority shall reimburse Developer for all hard costs, soft costs, and associated general contractor fees incurred in the design and construction of the Public Infrastructure Improvements up to a maximum of $4,300,000 (the "Public Infrastructure Cap") following proof of expenses incurred and submission of a corresponding Draw Request. Any Public Infrastructure Improvement costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (b) Overages. 7 (i) In the event that Developer incurs any cost overages on the design and construction of the Course Redesign in excess of the Dedicated Project Funds, City or Authority shall reimburse Developer for all such hard costs, soft costs, and associated general contractor fees incurred up to$3,600,000(the"Project Cap")following proof of expenses incurred and submission of a corresponding Draw Request. (ii) Developer shall pay for all costs incurred in the development and construction of the Course Redesign and Public Infrastructure Improvements in excess of the Project Cap and Public Infrastructure Cap, respectively. 8. Development Plan. As a part of the negotiation definitive documents, the parties will agree on an acceptable plan of developme t he Project (the "Plan of Development"). The Plan of Development will include n : (a) a due diligence period commencing upon execution of the Purchase and Development Agreement and expiring the later of(i) 120 days from execution of the Purchase and Development Agreement or(ii) 45 days from Developer's receipt of City's second round of comments on all engineered,.site plans submitted by Developer for the Project(the"Due Diligence Period"); (b) reasonable deadlines for completing the subdivision process needed to create the various parcels constituting the Property; (c) re a able deadli for the,parties,to agree on the redesign for the Golf Course; (d) Treasonable deadlines for Developer to obtain, with the City's cooperation as a contract partner, rezoning of the Property and any necessary conditional use permits or other permits and inspections needed to execute the Project; (e) reasonable deadlines for Developer, with City's timely cooperation as property owner, to obtain, and for City, with Developer's timely cooperation as applicant,to grant, all permits, approvals, and other authorizations for all elements of the Project. In order to minimize closure of the Golf Course, the parties will attempt to obtain all approvals by June 30, 2027. City shall facilitate cooperation with the Authority, including all necessary approvals or authorizations for work to be completed on or adjacent to the Property. Upon formal approval of this Term Sheet by City Council,Developer and City shall agree on an interim management agreement for the Golf Course operations, if necessary, to minimize closure and ensure smooth transition of golf operations, with such agreement to be effective as of the expiration or termination of the existing management agreement between the Authority and Virginia Beach Golf Club,LLC. During the term of the interim management agreement, Developer to have sole responsibility and to bear all costs for the operation and maintenance of the Golf Course and shall be entitled to retain all revenues generated at the Golf Course during that time. Developer agrees to invest an amount equal to the revenues retained in course operation, maintenance, employee retention and operational support of the Golf Course; and 8 (f) reasonable deadlines for City to terminate or facilitate mutually agreed upon changes to all agreements that may encumber or restrict the realization of the Project including,but not limited to: (i) Management Agreement for Virginia Beach National Golf Course,originally dated March 30,2007,by and between the Authority and Virginia Beach Golf Club,LLC. (ii) Ground Lease for TPC Golf Course dated October 8, 1997, by and between the City and the Authority. (iii) Virginia Beach National General'''Commercial Sub-Lease, dated November 1, 2017, by and between Virginia Beach Golf Club, LLC, and VBN Restaurant,LLC. (iv) Lease Agreement dated March.,26, 2026 by and between the City and Land of Promise Farms Partnership (partial termination contemplated). (g) Settlement on the Project shall occur on or before an agreed date, as outlined in Section 3 and when Developer has secured all rezonings, permits, typical inspections, and approvals necessary for the Project Rk �Ks (h) Milestones and outside dafes encement of construction will be agreed on with parties having termination rights should these not be met. 9. Golf Course Property Repurchase Option. The City shall have an option to repurchase the Golf Course Property should the property cease to be used for a publicly accessible Golf Course for aperiod of more than twenty-four(24)months, excepting times needed for renovation or reconfiguration of the golf course in the future or necessitated by casualty, condemnation, or force majeure (the "City Repurchase Option"). The parties agree that the public benefit animating the City Repurchase Option is the continued availability of public golf in the community. (a) The term of City Repurchase Option shall commence upon the Settlement as detailed herein and shall automatically expire and be of no further force or effect on the ninety-nine (99) year anniversary of such Settlement. The City Repurchase Option shall only apply to the Golf Course Property, excluding the Daycare Property, nor shall it apply to any of the Residential Property. (b) The repurchase price (the "Repurchase Price") shall equal the greater of the FMV or the Investment Recovery Amount, as defined below, at the time of the City's exercise of the City Repurchase Option. (i) The fair market value("FMV")of the Golf Course Property, excluding the Daycare Property and, if applicable pursuant to Section 10(a), the Stay and 9 Play Property,at the time of exercise shall be determined as follows: each party shall select a licensed MAI-certified appraiser to provide an appraised value. If the two appraisals differ by more than ten percent(10%),the two appraisers shall mutually select a third MAI- certified appraiser, the cost of which shall be shared equally. Fair Market Value for the Repurchase Price shall be the average of the two closest appraisals. Such determination shall be final and binding on the parties. The parties agree that the property will be valued as a golf course,and value shall include the stay and play cottages and any other accessory uses and improvements, whether or not that might be the highest and best use at the time of the appraisal. (ii) The "Investment Recovery Amount" shall equal the sum of (1) the Additional Private Investment multiplied by a fraction, the numerator of which is the number of years remaining in the ninety-nine (99) year term at the time of exercise, and the denomm ..or of which is ninety-nine (99);plus (2) future capital investment made in the -Golf Course Property, excluding the Daycare Property, after the date of Settlement, multiplied by a fraction,the numerator of which is the number of years remaining in the ninety-nine (99) year term at the time of the future capital investment, and the denominator of which is ninety-nine (99). Spending on repairs or replacements that do not extend useful life shall not count toward future capital investment. ` (c) Upon the occurrence of a triggering event under this Section 10,the City shall have sixty(60)days to elect, by written notice to Developer,whether to exercise the City Repurchase., (d) �The City Repurchase Option shall be exercisable only if, at the time of exercise, the City has committed to establish and operate a publicly accessible 18-hole golf course or other mutually agreeable public recreation facility on the entirety of the Golf Course Property excluding the Daycare Property within two (2) years of the date of exercise, and shall then operate such facility for the remainder of the City Repurchase Option term. (e) The specific terms of the City Repurchase Option shall be further defined in the Purchase and Development Agreement. 10. Special Terms. (a) Performance Grant. Notwithstanding any other provision of this Agreement, in consideration of Developer's performance and potential advancement of funds necessary to deliver a renovated public golf course, City will reimburse Developer for any costs Developer incurs in excess of the Public Infrastructure Cap and Project Cap (each cost,a"Performance Grant Expenditure")via a performance grant(the"Performance Grant") as set forth below: 10 (i) Amount of Performance Grant. The total amount of the Performance Grant will be the lesser of(i) the amount sufficient to reimburse Developer for any Performance Grant Expenditure as inflation-adjusted pursuant to an inflation index and methodology which shall be defined in the Purchase and Development Agreement, or (ii) $10,200,000, as adjusted by inflation. The parties acknowledge this amount is the projected Incremental Tax Revenue (defined below) to be generated by the Project over three years after full residential buildout. (ii) Funding of the Performance Grant. The Performance Grant will be funded with annual appropriations approved by City Council into the Escrow Account in an amount equal to the incremental real estate taxes paid at the Project. The incremental real estate taxes will calculated annually as the difference between (i)the real estate taxes assessed at the Property in the fiscal year prior to Settlement (as the Property is publicly owned, that amount will be zero), and (ii) the amount of real estate taxes paid at the Property after Settlement(the"Incremental Tax Revenue"). The Performance Grant will be funded by the City depositing the Incremental Tax Revenue,as appropriated,in the Escrow Account commencing the first full fiscal year following Settlement. The Incremental Tax Revenue shall be used exclusively to reimburse Deve for any Performance Grant Expenditure subject to inflation adjustment and Developer will be reimbursed following proof of expenses incurred and submission of a corresponding Draw Request. The parties shall execute a Performance Grant agreement setting forth all further details and procedures. The City's obligation to deposit the Incremental Tax Revenue into the Escrow Account shall terminate at such time as the Developer has been reimbursed for all Performance Grant Expenditures. (b) City Maintenance Right During Closure.If the Golf Course is closed to public play for more than six,(6) consecutive months for reasons other than renovation or reconfiguration or necessitated by casualty, condemnation, or force majeure, the City shall have the right, but not the obligation, upon reasonable prior notice to Developer, to enter the Golf Course Property and perform such mowing, trimming, landscaping, debris removal; and related exterior grounds maintenance as the City reasonably determines necessary to keep the Golf Course in a sightly, safe, and orderly condition (the "City Maintenance").Developer acknowledges that the purpose of this right is to allow the City to protect and preserve the appearance, safety, operational integrity and public-facing condition of the Golf Course during any extended closure. The City's exercise of such right shall not constitute a trespass, taking, default by Developer, assumption of ownership or operational control, or assumption of any ongoing maintenance obligation. Any City Maintenance performed by the City shall be limited to exterior grounds maintenance and shall not include capital improvements,course restoration,structural repairs,or operational obligations. In the event that following a closure of more than six(6)months as described in this Section 10, the City does not ultimately exercise the City Repurchase Option, and the Golf Course Property remains under Developer's ownership or control,Developer shall reimburse the City for its reasonable costs incurred in performing such City Maintenance. (c) Standard of Operation of Golf Course. The standard of operation of the Golf Course will be established in the Purchase and Development Agreement. 11 (d) Compliance with laws. All development contemplated for the Project shall comply with all laws, rules and ordinances, including, but not limited to Article 18 of the City's Zoning Ordinance regarding special regulations in air installations compatible use zones. 11. Next Steps. (a) Closed session briefing on the Term Sheet and proposed project. (b) Public Briefing on Term Sheet and proposed-Project. (c) Public Hearing on proposed sale of Property to Developer. (d) Such other public engagement as directed by City Council. (e) Vote to approve: ' (i) Term Sheet(req f .ti vote). (ii) Sale of Property. (iii) Termination of Lease with Authority (also requires Authority vote). (iv) Disposition of First Tee Property(may occur out of sequence L., before other steps).. W (f) Negotiation o e documents to include a Purchase and Development Agreement, and if no material changes from Term Sheet to Purchase and Development Agreement emerge, then the execution of Purchase and Development Agreement shall occur;if material changes occur, then an additional vote by City Council would be required. ? (g) The sequence of steps set forth herein is approximate and the parties may mutually agree to rearrange,modify, or reorder such steps as necessary or appropriate to facilitate the Transaction. [SIGNATURES ON FOLLOWING PAGES J 12 CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Manag /Authorized Designee Attest: Date: PT By: City Clerk/Authorized Designee f APPROVED AS TO CONTENT: APP AS TO FORM: Economic Development y. [ ATURE NTIN NFOLL0WING PAGE J F � 13 DEVELOPER: DRAGAS ASSOCIATES, INC., a Virginia corporation By: Name: Title: Date: �4 y AU'__ Ft . THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia K T Avot � A h j '+f Y ` h Name: `Title: CHAIR/VICE-CHAIR Attest: Al, , Y•4C Se /Assistantt1l, t .l^x t, arY APPROVED AS TO CONTENT: APPROVED AS TO FORM: Economic Development City Attorney 14 EXIIIBIT A THE "PROPERTY" THE "RESIDENTIAL PROPERTY" MEN" r THE "FIRST TEE PROPERTY" ❑THE "GOLF COURSE PROPERTY" � f 6e ® Portion of eSSq��P` PARCEL C included-in, the Property i Porno /of PARVL C not included Inert L4 Propert 165 Portion of ` PARCEL D PARCEL not included C in the Property PA D EL/ ' PARCEL 40 , C PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE 15 LOCATION MAP Portion of PARCEL C included inr��� i v the Property Portion"of 70.0 PARCEL C not included in Ibe Property - ._,..✓` 55 acres ib5 Portion of % PARCEL D PARCEL not included C in the Property �a PARCEL, D 256.2 acres 17.4 PARCEL acres B 27.0 acres A a PARCELS APPROXIMATE ACREAGE PARCEL A: GPIN: 1494-52-3434 30.8+/-Ac. - Entire Parcel (Outside ITA) PARCEL B: GPIN: 1494-13-7202 27.0 +/-Ac. — Entire Parcel (Farm) PARCEL C: GPIN: 1494-34-4919 266.2+/-Ac. (256.2 Ac. + 10.0 Ac.) — Portions of Parcel (Golf Course) PARCEL D: GPIN: 1494-03-5237 17.4+/-Ac. — Portion of Parcel (Farm) DisclosureCITY OF V-B� VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Dragas Associates, Inc 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? YesO Noe If yes, name Representative: Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes@Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary.)or affiliated business e'[itity,2 relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes No 0 If yes, name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso 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 arc 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 iv Financing(mortgage, deeds of trust, Name entityand/or ind idual) cross-collateralization,etc.) 0 Dragas Mortgage Company Real Estate Broker/Agent/Realtor 1 010 Dragas Companies Realty Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION APPLICANT •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 G) Architect/Designer/Landscape @ Q Tim Liddy+Associates, Inc Architect/Land Planner Construction Contractor 0 Dragas Management Corporation Engineer/Surveyor/Agent Timmons Group,Inc QSykes,Bourdon,Ahem&Levy;Carney Patterson Meade PLC 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 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. Dragas Associates, Inc9;26�. 06/10/2026 Applicant Name (Print) Applicant S ur 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. May-2024 page 2 of 3 Dragas Associates,Inc. Officers and Affiliated Entities Director ❖ Helen E. Dragas Officers ❖ Helen E.Dragas, President ❖ Brian Kokoska,Vice President ❖ Sally Vandergrifft,Vice President ❖ Lina Rollins,Treasurer ❖ Aretha N. White, Secretary Dragas Associates,Inc.Affiliated Business Entities ❖ 757 OZ Enterprises, LC ❖ GSW Properties II,LLC ❖ 757 OZ Fund 1,LC ❖ GSW Properties,LLC ❖ Bonney Road Associates,LLC ❖ Hawkins Mill, L.C. ❖ Branford Square, LC ❖ Hickory Manor Associates,L.C. ❖ Carter's Bridge,LLC ❖ King's Pointe Associates,L.C. ❖ CIC Management, Inc. ❖ Landstown Associates,LLC ❖ Columbus Station Associates,LLC ❖ Plantation Woods East,LC ❖ Crestfield Associates,LLC ❖ Signature Holdings,LC ❖ Dominion Boulevard Partners,L.L.C. ❖ Signature Partners,LC ❖ Dragas Acquisition,LLC ❖ Spence Crossing Properties LC ❖ Dragas Communities,LLC ❖ Spence Crossing Residential, Inc. ❖ Dragas Companies Realty,Inc. ❖ Spence Farm Holdings,L.C. ❖ Dragas Design,L.C. ❖ Spence Properties,L.C. ❖ Dragas Management Corporation ❖ Springton Associates,L.C. ❖ Dragas Mortgage Company ❖ Woodlands of Chesapeake Associates,L.C. ❖ Dragas Properties,LLC ❖ Dragas Property Management, LC ❖ Dragas Service Company ❖ Dragas VB Properties I, LC •'• Dunmore Associates,LLC ❖ Edgewater East,LLC ❖ Edgewater West,LLC ❖ Epoch Experiences,Inc ❖ Gemini Builders, Inc. •'• Grayson Associates,LC •'• Grayson at Centerville, Inc. •'• Grove Development, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 341.4+/- acres of City-owned property at 2500 Tournament Drive to be in EXCESS of the City's needs; APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course; and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc. re sale and development of the property 2. Resolution to EXTEND the City/School Revenue Sharing Policy to June 30, 2028 (Requested by Virginia Beach School Board) 3. Ordinance to APPOINT Bridget Henzel to the position of Assistant City Attorney, effective July 9, 2026 4. Resolution to AUTHORIZE the issuance of Revenue Bonds in an amount not to exceed $7- Million by the Virginia Beach Development Authority (VBDA) re Victoria Place Apartments 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a five (5) year Ground Lease Agreement with T-Mobile Northeast, LLC for a portion of City-owned property at 616 North Great Neck Road re maintaining and operating wireless telecommunications facilities 6. Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned rightof- way known as Twin Mills Road re construct and maintain a monument sign with landscaping and underground electrical conduit DISTRICT 5 7. Ordinance to DONATE twenty-five (25) ballistic vests to the Department of Emergency Medical Services (EMS) of Northampton County re enhance personnel safety 8. Ordinance to ACCEPT and APPROPRIATE $187,626 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re Peer Pilot Program for individuals adjudicated as Not Guilty by Reason of Insanity (NGRI) and AUTHORIZE two (2) full-time grant funded positions re targeted peer support services 9. Ordinance to ACCEPT and APPROPRIATE $45,540.70 from the Virginia Department of Health's Office of Emergency Medical Services to the FY2026-27 Department of Emergency Medical Services (EMS) Operating Budget and AUTHORIZE a grant match of$45,540.70 from existing funds in Capital Project#100729, "Public Safety Equipment Replacement II" re purchase one (1) Stair Pro Stair Chair and three (3) Power Stretchers 10. Ordinance to ACCEPT and APPROPRIATE $28,236 from the Congestion Mitigation and Air Quality Improvement Program (CMAQ) to the FY2026-27 Non-Departmental Operating Budget re reimbursement to the Vehicle Replacement Program 11. Ordinance to ACCEPT and APPROPRIATE $26,621 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2026-27 Human Services Operating Budget re Problem Gambling Prevention Program 12. Ordinance to ACCEPT and APPROPRIATE $8,775 from the Virginia Department of Historic Resources (DHR) to the FY2026-27 Planning and Community Development Operating Budget; AUTHORIZE a grant match of$8,775; and AUTHORIZE the City Manager to EXECUTE a Subgrant Agreement re update one (1) National Registrar of Historic Places nomination 13. Ordinance to ACCEPT and APPROPRIATE $6,699 from the Commonwealth to the FY2026-27 Office of the Voter Registrar Operating Budget re fund salary adjustments approved by the General Assembly CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring 341.4+/-Acres of City Property to be in Excess of the City's Needs 2) Approving the Term Sheet for the Redevelopment of Virginia Beach National Golf Course and 3) Authorizing the City Manager to Enter into a Purchase and Development Agreement for the Sale and Development of the Property to Dragas Associates, Inc. PUBLIC HEARING: August 11, 2026 MEETING DATE: August 11, 2026 ■ Background:The City of Virginia Beach (the"City") owns property located at 2500 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434)consisting of approximately 350 acres, a portion of which is currently operated as the Virginia Beach National Course (the "Golf Course Property"), The City also owns land adjacent to the Golf Course Property (GPINs: 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm Property"). On October 12, 2025, the City issued its Request for Proposals (RFP#ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of the Golf Course Property, for the operation of Virginia Beach National Golf Course ("VBN") and such other uses as deemed appropriate by the proposers. After a review of all responsive proposals received, City Council directed City staff to negotiate terms with Dragas Associates, Inc. (the"Developer") pursuant to the Developer's proposal submitted in response to the RFP. Approximately 50 acres of the Golf Course Property is currently operated as the First Tee of Virginia Beach by the YMCA of South Hampton Roads (the "First Tee Property"). The First Tee Property was not included in the RFP. To ensure continued operations on the First Tee Property, an Ordinance to transfer the First Tee Property to the YMCA of South Hampton Roads will be brought for City Council's consideration at a future meeting. The Developer proposes to (i) purchase a portion of the Golf Course Property and a portion of the Farm Property, consisting of approximately 341.4 acres (collectively, the "Property") (ii) refurbish and partially reconfigure VBN utilizing the existing Golf Course Property and a portion of the Farm Property, (iii) develop a maximum of 20 stay and play cottages on the Golf Course Property, (iv) potentially develop a daycare facility, and (v) develop new ancillary golf amenities such as a putting course, new maintenance facility and improved clubhouse (collectively, the "VBN Project"). In addition to the VBN Project, the Developer intends to construct 659 residential units and associated amenities on portions of the Property outside of the Interfacility Traffic Area where residential uses are allowed (the "Residential Project" and with the VBN Project, the "Project"). The proposed layout of the Project is shown on the attached Location Map. Once constructed, Developer would provide for the continued operation and maintenance of all elements of the Project at its cost. City staff and the Developer have negotiated the proposed Project and have agreed, subject to the approval of City Council and City of Virginia Beach Development Authority (the "Authority"), on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, as more specifically set forth in the Term Sheet attached to the Ordinance as Exhibit A. The continued operation of the golf course was a critical element in the selection of the Developer in the RFP process. Under the terms of the Project, VBN would remain a publicly accessible golf course designed to increase local play and add to the City's sports tourism market. The City will reserve a 99-year repurchase option for the golf course land should the golf course cease to be operated as a public golf course for a period of more than 2 years. ■ Considerations: The City leases the Golf Course Property to the Authority. The Authority entered into a management agreement in 2007 with Virginia Beach Golf Club, LLC for the management and operation of VBN that expires on December 31, 2026. Recent condition assessments of VBN have disclosed significant deterioration of the golf course and clubhouse. To address and prevent further deterioration at VBN, the cost of capital repairs and maintenance is estimated to be $7.7 million. The Authority's receipts under the current management agreement are not adequate to cover VBN's capital costs. The parties anticipate that new `but-for' tax revenue generated by the Project will reach approximately$3.4 million per year once the Project is complete. The housing component of the Project would meet the diversity and attainability goals outlined for the Courthouse Area in the Comprehensive Plan. The anticipated total costs of refurbishing the golf course to its former Pete Dye standard and of constructing the stay and play cottages is approximately $38 million. This funding consists of(i) the $17.94 million purchase price paid by Developer for the Property, which will be reinvested in the golf course, (ii) plus an additional $18.4 million contributed by the Developer and (iii) and $1.82 million in Authority funds, which were set aside by the Authority for golf course improvements, including upgrades to the stormwater facilities. The City would also be responsible for payment of (i) an additional $4.3 million for infrastructure to support the VBN Project, and (ii) up to an additional $3.6 million for contingency cost overruns associated with the infrastructure elements of the VBN Project. Developer would be responsible for all other cost overruns, but could recoup up to a maximum of $10.2 million in cost overruns associated with the VBN Project. Those monies would be paid by the City from the `but-for' tax revenues generated at the Project. Approval of the sale of the Golf Course Property requires an affirmative vote of nine members of the City Council. The authorization to sell is conditioned on execution of a Purchase and Development Agreement consistent with the terms of the attached term sheet. Should any terms of the transaction materially change during the development of the definitive project documents, re-authorization of the sale and transaction would also require a nine-vote supermajority of City Council. Alternate Version included: At the request of multiple councilmembers, an alternate version of the Ordinance has been prepared to include, as a condition of closing, that the Developer will commit to the percentage of affordable housing units to be constructed prior to Planning Commission and City Council's consideration of the rezoning necessary for the Project. See paragraph 5 of the Alternate Version. Both the original and alternate versions are attached. ■ Public Information: As required by Section 15.2-1800 et seq., a public hearing will be advertised in The Virginian-Pilot on August 2, 2026, and will be held on August 11, 2026. A prior public hearing was conducted on July 7, 2026; however, an error in the description of the property to be conveyed necessitates a second public hearing.An open session City Council briefing was held on June 16, 2026. Public information will also be provided through the normal City Council agenda process. e Recommendations: Approval. ■ Attachments: Ordinance (Original and Alternate Versions), Draft Term Sheet (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Departinent/Agency: Economic Development City Manager: is 1 I I AN ORDINANCE 1) DECLARING 341.4+/- ACRES OF 2 CITY PROPERTY TO BE IN EXCESS OF THE CITY'S 3 NEEDS 2) APPROVING THE TERM SHEET FOR THE 4 REDEVELOPMENT OF VIRGINIA BEACH NATIONAL 5 GOLF COURSE AND 3) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AND 7 DEVELOPMENT AGREEMENT FOR THE SALE AND 8 DEVELOPMENT OF THE PROPERTY TO DRAGAS 9 ASSOCIATES, INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2500 12 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434) consisting of approximately 13 350 acres, a portion of which is currently operated as the Virginia Beach National Course 14 (the "Golf Course Property"); 15 16 WHEREAS, the City also owns land adjacent to the Golf Course Property (GPINs: 17 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm 18 Property"); 19 20 WHEREAS, on October 12, 2025, the City issued its Request for Proposals (RFP 21 #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of 22 the Golf Course Property, for the operation of Virginia Beach National Golf Course 23 ("VBN") and such other uses as deemed appropriate by the proposers; 24 25 WHEREAS, after a review of all responsive proposals received, City Council 26 directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") 27 pursuant to Developer's proposal submitted in response to the RFP; 28 29 WHEREAS, the Developer proposes to (i) purchase a portion of the Golf Course 30 Property and a portion of the Farm Property, consisting of approximately 341.4 acres 31 (collectively, the "Property"), (iii) partially reconfigure and refurbish VBN, (ii) continue 32 operating VBN and associated amenities as a public golf course, (iii) develop 33 approximately 659 residential units and associated amenities, (iv) develop a maximum of 34 20 stay and play cottages, (v) potentially develop a daycare facility, (vi) develop an 35 illuminated 18-hole putting course, (vii) create two grand entrances, and (viii) develop a 36 new golf course maintenance facility to replace the existing facility (collectively, the 37 "Project"); 38 39 WHEREAS, City staff and the Developer have negotiated the terms and conditions 40 for the proposed Project and the relative responsibilities of the City, Developer and the 41 City of Virginia Beach Development Authority ("Authority") necessary to execute a 42 purchase and development agreement, as more specifically set forth in the draft term 43 sheet attached hereto as Exhibit ("Term Sheet"); 44 45 WHEREAS, VBN would remain a publicly accessible golf course and the City 4 6 would maintain a 99-year repurchase option should the golf course cease to be operated 47 as a public golf course for a period of more than 2 years, all as set forth and defined in 48 the Term Sheet; and I 49 WHEREAS, City Council is of the opinion that the sale of the Property and 50 development of the Project will support the creation of additional housing units while 51 ensuring the reconfiguration and continuation of the golf course to the benefit of the 52 citizens of Virginia Beach. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA, 56 57 1. That the Property is hereby declared to be in excess of the needs of the City 58 of Virginia Beach. 59 60 2. That the Property is authorized to be sold on the terms and conditions as 61 materially set forth in the Term Sheet, attached hereto as Exhibit A, and incorporated 62 herein. Any material change to the terms of the transaction shall require a new 63 authorization of sale with a supermajority vote. 64 65 3. That the City Manager, or his designee, is hereby authorized to execute any 66 and all documents necessary for the sale of the Property as contemplated herein, so long 67 as the documents are substantially in accordance with the terms set forth in the Term 68 Sheet, and such other non-material terms, conditions or modifications as may be 69 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 1 70 s 71 4. That the City Manager shall refund to the Commonwealth such amount 72 attributable to the Farm Property as required by the Grant Agreement between the City 73 and the Commonwealth for property acquisition around Oceana and the ITA. Funding for 74 this payment shall come from Capital Project 100282 "Oceana & ITA Conformity and 75 Acquisition ll". 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 78 , 2026. i THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL I APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Economi Development CAI 7166 i %1vbgov.comldfs i%applicatianskftylawkycom321wpdocsW0111p055101138766,dc" R-1 I 8/3/2026 i I i REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, COUNCILMEMBERS ROUSE, SCHULMAN, BERLUCCHI, CUMMINGS, HUTCHINSON, REMICK, ROSS-HAMMOND, AND JACKSON-GREEN 1 AN ORDINANCE 1) DECLARING 341.4+/- ACRES OF 2 CITY PROPERTY TO BE IN EXCESS OF THE CITY'S 3 NEEDS 2) APPROVING THE TERM SHEET FOR THE 4 REDEVELOPMENT OF VIRGINIA BEACH NATIONAL 5 GOLF COURSE AND 3) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AND 7 DEVELOPMENT AGREEMENT FOR THE SALE AND 8 DEVELOPMENT OF THE PROPERTY TO DRAGAS 9 ASSOCIATES, INC. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2500 12 Tournament Drive (GPINs: 1494-34-4919 and 1494-52-3434)consisting of approximately 13 350 acres, a portion of which is currently operated as the Virginia Beach National Course 14 (the "Golf Course Property"); 15 16 WHEREAS, the City also owns land adjacent to the Golf Course Property (GPINs: 17 1494-13-7202 and 1494-03-5237) currently leased for farming purposes (the "Farm 18 Property"); 19 20 WHEREAS, on October 12, 2025, the City issued its Request for Proposals (RFP 21 #ED-25-04) ("RFP") seeking proposals for the purchase of land consisting of a portion of 22 the Golf Course Property, for the operation of Virginia Beach National Golf Course 23 ("VBN") and such other uses as deemed appropriate by the proposers; 24 25 WHEREAS, after a review of all responsive proposals received, City Council 26 directed City staff to negotiate terms with Dragas Associates, Inc. (the "Developer") 27 pursuant to Developer's proposal submitted in response to the RFP; 28 29 WHEREAS, the Developer proposes to (i) purchase a portion of the Golf Course 30 Property and a portion of the Farm Property, consisting of approximately 341.4 acres 31 (collectively, the "Property"), (iii) partially reconfigure and refurbish VBN, (ii) continue 32 operating VBN and associated amenities as a public golf course, (iii) develop 33 approximately 659 residential units and associated amenities, (iv) develop a maximum of 34 20 stay and play cottages, (v) potentially develop a daycare facility, (vi) develop an 35 illuminated 18-hole putting course, (vii) create two grand entrances, and (viii) develop a 36 new golf course maintenance facility to replace the existing facility (collectively, the 37 "Project"); 38 39 WHEREAS, as a part of the development of the Project, and prior to Developer 40 purchasing the Property, Developer will seek a rezoning and/or a conditional use permit 41 for all or part of the Property (the "Rezoning"); 42 43 WHEREAS, City staff and the Developer have negotiated the terms and conditions 44 for the proposed Project and the relative responsibilities of the City, Developer and the 45 City of Virginia Beach Development Authority ("Authority") necessary to execute a 46 purchase and development agreement, as more specifically set forth in the draft term 47 sheet attached hereto as Exhibit A ("Term Sheet"); 48 49 WHEREAS, VBN would remain a publicly accessible golf course and the City 5o would maintain a 99-year repurchase option should the golf course cease to be operated 51 as a public golf course for a period of more than 2 years, all as set forth and defined in 52 the Term Sheet; and 53 54 WHEREAS, City Council is of the opinion that the sale of the Property and 55 development of the Project will support the creation of additional housing units while 56 ensuring the reconfiguration and continuation of the golf course to the benefit of the 57 citizens of Virginia Beach. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH, VIRGINIA, 61 62 1. That the Property is hereby declared to be in excess of the needs of the City 63 of Virginia Beach. 64 65 2. That the Property is authorized to be sold on the terms and conditions as 66 materially set forth in the Term Sheet, attached hereto as Exhibit A, and incorporated 67 herein. Any material change to the terms of the transaction shall require a new 68 authorization of sale with a supermajority vote. 69 70 3. That the City Manager, or his designee, is hereby authorized to execute any 71 and all documents necessary for the sale of the Property as contemplated herein, so long 72 as the documents are substantially in accordance with the terms set forth in the Term 73 Sheet, Paragraph 5 below, and such other non-material terms, conditions or modifications 74 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 75 Attorney. 76 77 4. That the City Manager shall refund to the Commonwealth such amount 78 attributable to the Farm Property as required by the Grant Agreement between the City 79 and the Commonwealth for property acquisition around Oceana and the ITA. Funding for 80 this payment shall come from Capital Project 100282 "Oceana & ITA Conformity and 81 Acquisition li". 82 83 5. The City Manager is not authorized to finalize the sale of the Property unless 84 Developer, prior to Planning Commission and City Council consideration of any rezoning 85 of the Project Property, has committed to the percentage of affordable housing units that 86 will be constructed as part of the Project. 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 89 . 2026. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: i City Attorney �� Economid F�evelopment I ' i CA17166 Nv bg ov.comldfs 1lapplicatlonslcityla wlcycom321vrpdocsld0 711p0551011307G0.docx I R-2 8/6/2026 i f i i i 3 f i I I i i City 6-16-26 E7HUBIT A TERM SHEET PRINCESS ANNE LANDING June 2026 The City of Virginia Beach (the "City") owns approximately 300 acres used for the operation of Virginia Beach National Golf Course ("VBN") and approximately 45 acres directly adjacent to VBN, further described and defined in Section 1 below as the "Property"and depicted on Exhibit A. The City leases a portioapf the Property for VBN to the City of Virginia Beach Development Authority ("Autho%i:3ty") pursuant to a lease ,r..a dated October 7, 1997(the "Lease").Included in the Leas e•.,`'t=pproxuuately 50 acres,not included in the Property,operated as First Tee Virginia Beacl {.lirst Tee )pursuant to a sub-sublease between TPC of Virginia Beach and the`YIvgCA'of, outh Hampton Roads "YMCA" and an Assignment of Agreement li°��and betweenF("YMCA") gran gr { ,; `Authority, the City, Hampton Roads Junior Golf Foundation and them=114CA dated July 13Q09 (collectively the"Sublease"). On October 12,2025,the City issued its Requests*/btypo"'Mills(RFP#ED-25-04)("RFP") � seeking proposals for the purchase of two(2)parcels o;land: a portion of 2500 Tournament Drive, G�PP\I 14943449190000; andUPIl�[,.14945234QQOQ totaling approximately 350 acres, for the operation of VBN aid si T%;other uses=a � deeme d appropriate by the proposers. After a review of all responsive propos s; e�ceived the City Council of the City of Virginia Beach directed:Glty.staff to a(ti pt,foieoe terms with Dragas Associates, Inc. ("Developer")puzsftant oDovelopez'proposal sub�milted in response to the RFP. ,a P 1 IJ Developer proposesthe purchase of the Pr for for (i) the partial reconfiguration and refiirbishtnent of VBN pcludjM'A ie Jgbhouse a- related facilities,and(h)the continued operation of ;VBN ands;as`' ciated "ariezies"as a public golf course, and (iii) the development oaproiunatel f 659 residential units and associated amenities, and(iv)the deve�,*Ment of a ma •�tfq�um o0 stay and play cottages,and(v)the development of a pad- read�Xte for a daycare facility,"; i)the development of an illuminated 18-hole putting course %li additional efihAncenA to the practice and training facility, and (vii) the creation o :stwo grand eh =ces, each with enhanced landscaping and large scale .s monumentat`zon 7,and (viii);the development of a new golf course maintenance facility to �;..a19 replace the exisfingfaill (collectively, and as further defined and described below, the "Project"}. The pities%`acknowledge that new, `but-for' tax revenue generated by the Project is expected to'ieach approximately$3,400,000 per year at Rill Project buildout. Staff and Developer have discussed the proposed Project and have agreed, subject to the approval of City Council and Authority, on terms and conditions for the Project and the relative responsibilities of the City, Developer and Authority necessary to execute a purchase and development agreement, (the "Purchase and Development Agreement") and expeditiously bring the Project to fruition (the "Transaction") in order to minimize closure of the golf course for public play, 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 business terms of a passible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible Transaction is complex and issues may arise during the preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations to each other will only be as specified in any definitive agreements that ultimately may be developed.However,it is anticipated that the ordinance approving this Term Sheet and authorizing the sale of the property, will also authorize the City Manager to execute the final and binding Pug_ghase and Development Agreement if there are no material changes in the business„terms set forth herein. The parties acknowledge that negotiation of Purchase and Development Agreement will inherently require flexibility, and that refinements, adjugb'i-8W, and evolution of the business terms set forth herein are expected and antxcIP.MeId. Sl o lld material changes to the business terms set forth herein be identified,a Term Sheetand/or Purchase and Development Agreement will need to be approve�;Ji{City Council aril;executed by all of the parties. Whether a proposed change is>Aaib'rial, thus requiring additional, formal Council approval,will be determined by the C1t�%manager,;upon consultatioW,mth the City attorney and in their sole reasonable discretion;;wbiEl - iil be exercised in good faith. Additionally,while none of the parties,to this TernilEef are under any obligation or duty to attempt to negotiate the Transactign,,.'0j*.any related d uinentation or,if such negotiations commence, to continue such negotiRoans'<fe;;,parties w 1use their good faith efforts to negotiate the Purchase and Developm6�A cddfdance with the agreed upon Term Sheet.Nonetheless;;by!approving thi Tei`81i— !.-cacti party indicates its belief that this Term Sheet can fo3n t}e li'asis for t} e Ztirsaction and the willingness to commence negotiation and pref;a'`fifion of der jritive d.... ntation toward that end. 1. Pro The boundary•of tiexoperfyt 01- and approximated acreages of various intended uses within it willi: `e'determined'ib:the Purchase and Development Agreement and refined prior to final- ,tip.plan approval''s�as�equuerl*to accommodate the execution of any or all elements of the Pi olget. y, ' Ap�poxunately 300 acres constituting portions or all of parcels GPINs 149434499,QOgt4941372020000, and 149403S2370000,including aportion of the area known a own Farm, will be utilized for the continued operations of a reconfigured eighteen-hole golf course (the "Golf Course"), clubhouse, maintenance facility, associated recreational facilities,the Daycare Property(as defined below),and the Stay and Play Property(as defined below) (collectively,the"Golf Course Property"). (b) Approximately 52 acres constituting portions or all of parcels GPINs 1494S234340000 and 14943449190000 will be utilized for the development of the planned residential for-sale twits(the"Residential Property"). 2 (c) Approximately 6 acres of the Golf Course Properly may be utilized for the development of a maximum of 20 cottages,predominantly as an accessory to the Golf Course Property(the"Stay and Play Property"). (d) Approximately 1.8 acres of the Golf Course Property, constituting portions or all of parcel GPIN 14943449190000 will be utilized for the development of a pad ready daycare site(the "Daycare Property"). (e) The proposed approximate boundaries of the Golf Course Property and the Residential Property are shown on Exhibit A, attached Hereto, and are referred to collectively as the"Property". a•F:�Yr (f) The Property does not include th;6 approximately 50-acre parcel shown on Exhibit A as "First Tee Property". Th r shall be created by the City as a valid legal parcel through the Virg, FBeach subdXi'sion process prior to Settlement,as defined below, and thereafter shazll=; conveyed to the IWCA pursuant to the direction of City Council. `'' .fir: :•,rF �. (g) The areas described in 8e.6f o4gI--'(#,, (b) and (d) above shall be created as separate valid legal parcels;through the sudvzsion process ill the City prior to . Settlement,as defined below.Develffir,And City or AttQxity shall be jointly responsible for obtaining all subdivisions necessQ ,fWt i.,,R associated costs split equally between them. 41i 's':,. r s:r. _f... 2. General'I? of Thel?i'oiect. a F{ ..aGolf Cour0 An estirriated $38,160,000 will be invested into the Golf Course Pro ei `as follo t 19,760,000 from a combination of the Purchase P,.0ce•.($.17,9Z*OQJ0.0 ;ai1d Aiiflirity{ LInds($1,820,000), defined hereinafter,will be invested iii't�i W.hovati WI.;,b the Golf Course to include construction of new golf holes and associated impr6 ,,Vents renovation of remaining existing golf holes, construction of a nevziaintenance faclyfy, corifp�e#ion of deferred clubhouse repairs, and renovations of a. the call"I".1hs,irrigation systems ai lakes; an additional estimated$18,400,000 in private inveshner {i?;rthe "Additional PAvate Investment") will be invested to include additional clubhouse ups ales and o fitting,up to 20 stay and play cottages,an illuminated 18-hole >r; e putting course, agi:and,e�;france at Nimmo Parkway, and course outfitting including golf maintenance equi}inYen ? .fl. (i) Course Redesign. The current 18 holes shall be redesigned to retain the style of Pete Dye, as agreed by the parties. The parties will collaborate in the redesign and agree to minimize, to the extent possible, the proximity of any of the Residential Units to the fairways or active play areas of the Golf Course. The "Course Redesign" shall include all Golf Course Property development and improvements, excluding the vertical construction of the Stay and Play Property cottages. The Course Redesign shall also include the redesign, reconfiguration, and renovation of the Golf Course and all stormwater facilities necessary to serve the Property and Project and all 3 construction to fully complete same as approved. Course Redesign will be driven by stormwater design requirements,course playability,and the parties' shared commitment to the long-term financial sustainability of the Golf Course,and as such,Developer shall have the right to relocate, reconfigure, or otherwise modify any or all golf holes or associated features in the Course Redesign, provided such modifications are consistent with the existing course design and style. (ii) Clubhouse. The existing clubhouse will be renovated to improve the restaurant, locker rooms, and retail("Clubhouse"), (iii) Additional Golf Amenities. An,i) ated 18-hole putting i•I f course will be added, along with enhancements to the m--iging practice and training facilities (collectively, the"Additional Golf Amenities" (iv) Golf Maintenance Faoth#y. The exiting golf maintenance facility will be demolished and a new facilityF:;yv4ll be constructed o..,. Golf Course Property. r = (v) Construction. 'Tie City al3bwledges that,:Golf Course operations will be closed during the Course Re'diufofa period expected to be fifteen (15) to eighteen(18)months but not;to exceed (24) consecutive months from the time of Developer's receipt o Ea11:V_ its, apprtivals, and inspections required for Developer to commence the Course'KedesigC ;exceptingtmes necessitated by casualty, condemnation,force majeure, or otherevents be":oriel Uevelobor's reasonable control. ...Garid`Entrances. � !a'new grand(enhances will be constructed with one at the currepif,intersectiofi-of Tournaflrent Drive and Princess Anne Road and the other new entran&lf:the intersect�bn of NiuWo Parkway and West Neck Road ("Grand Entrances")in acc6fda ce with S :et inn-5(e)Yelow. . y Stay=:and Play. A maximum of 20 cottages shall be constructed on the fQdlf Course Pi4b . Thdsstay-and-play cottages will be used predominantly as an acces s amenity for fl d".001f i nurse Property. 5= : ,.(d) Residential Units. Approximately 659 for-sale dwelling units with amenities to'iclude a clubfiiouse, swimming pool, fitness center, and walking trail. The dwelling units vf�l ;cogsi� four types of condominium units and will not exceed a density +. of eighteen (18) per acre of the Residential Property that is unencumbered by the Interfacility Traffic Area. Developer shall use best efforts to target two of the four residential product types to households earning under 120% of Area Median Income. (e) Daycare Property. Development of approximately 1.8 acres for a pad-ready site restricted to daycare use.Developer will develop a pad-ready site and market the Daycare Property to licensed,professional daycare providers,who will,in turn,operate the facility. The facility will be privately constructed. Daycare provider and Developer shall mutually agree upon a deal structure,options for which may include but not be limited to a ground lease,pad-ready parcel sale, build-to-suit, spec build, or traditional lease. 4 3. Purchase Price and Settlement. (a) City shall sell the Property to Developer for Seventeen Million Nine Hundred Forty Thousand Dollars $17,940,000 ("Purchase Puce") with no financing contingency. The Purchase Price will be invested into the Golf Course Property as demonstrated by reasonable documentation of costs submitted prior to requesting or receiving any City Rinds. Al �Lam•% (b) Transfer of title and payment of`.t;:tie Purchase Price (the "Settlement") shall take place on or before 30 days frog De , oper receiving all local, state and federal er nit approvals (including rezo ``}�p pp ( g ni g�) �and's''�ic��visions necessary or 0<. desirable in Developer's sole and absolute opinion f; e developme ;of the Project.Prior to Settlement, should permits be approved for t1 e Course Redesign oranyportion thereof, and depending on the scope and nature of any o% er outstanding permit ib.eveloper may commence construction on the approved p Qn(s) Of,. M . Course Redesign prior to Settlement by mutual agreement with the City." coiusti'uction will serve to minimize the duration of the golf course closu f�.. accommodad; e; sonal grass grow-in requirements, and facilitate a smooth operational tr�'H4 t on. At Seft�' inent, the Purchase Price will be deposited into an interest-bearing account=(t1esL`+"scrow`Wcc.ount"). (c) The, urchase ancD.evelopnienft.Agxeeineut will contain provisions restricting any transfer,of conveys nce of ariyierest in art part of the Property,except to Developer, or as mutually agree�djmW writin Developer and the City. The parties agree to cooperate in god;. with and slialT take all'f" asonable and necessary steps to ensure that W t Developer's investment,in the:�Cprse.Redesigaj��hClubhouse,Additional Golf Amenities, t, s t; y f•�:,,s and Grand antes ifiJ;�yofecfecl»aiseteiired pending transfer of title, and City and tx „ t. -.� p g t5' Authori `e all not a an"action or fail to#eke any action that would impair,encumber, or dip ii is7i Develo"qr S mNeR6,4 in the Property, the value of Developer's investment thefM,'.,,or Developer's `ght aild-ability to receive title to the Property. Notwithstanding the preceding sentence,Ai Wng sliall'prevent the City from taking actions in its municipal capacity as; ecluired or au#{iQ�•ized by law. r'f-,s or Authority agrees to cone and transfer to Developer all S.�. .: tY tY g Y p interests in all fuiiutu e fi -es and equipment located at or used in the operation of the Property (collectively the I I'&E ), to the extent the City or Authority has title to or any colorable interest in such FF&E or if same is abandoned at the Property by any third-party. Such conveyance shall be at no cost to Developer and delivered as part of the Purchase Price in consideration of the Developer's covenants in this Term Sheet and the Purchase and Development Agreement. 4. Developer Obligations. Developer shall be responsible for the following elements of the Project. 5 (a) Developer shall be responsible for payment of the full Purchase Price to City at closing as detailed in Sections 3 above. (b) Dragas Management Corporation, a related entity to Developer, shall serve as general contractor for the Project and all related improvements as described herein. Developer shall be responsible for submitting requests to draw fiom the Escrow Account (a "Draw Request") to the City or Authority, accompanied by reasonable documentation of costs incurred,no more frequently than monthly. (c) Developer acknowledges the City Council's 12% minority subcontractor goal and will make good faith efforts to work y�;tttthe City to identify and. use SWaM subcontractors to the extent commercially reasole. 'fir (d) In connection with the Course Rdesigri Public Infias#ructure Improvements, defined hereinafter, Developer shall u:- best efforts tq;solicit a minimum rfr., of three (3) competitive bids for each material qro#bij'onent of the worlfxiox to awarding any contract. 5. City/Authority Obligations. City'o AuJh6* shall be responsible for the following elements of the Project. (a) The Authoriiy; ,c�fi�reftly holds''<$`750,000 in an account for maintenance at VBN (the "VBN Maim enanee7-:Account"):''fit settlement the Authority V.. shall deposit the greater;,df-;:,(,$750,0 �;or., ffie<b�"lwce of the VBN Maintenance Account, as well as an�4 itiori l>$1,070,OOQ uto the Escrrow Account. To the extent the Authority receives, ainents fiot ';the existing operator under the existing management agreement prior ( Settlement, Athority agrees to apply those payments to satisfy its g J r..,. maintenance obli at'igi} „at the':` rolf--C;ouseia,that it will add any remaining funds it retains from- uch. a neifsfo the Escrtdreeo nt at Settlement.The sum of all funds and paymentYfassocated�with tls:Section 5(a)shall be the"Authority Funds." (b) 'I`}i+✓:t,Pure}ase�Price and the Authority Funds (collectively, the "Dedie" Project runt 9j shall be held in the Escrow Account. Any interest that is earned in f}�er�scrow Acco t shall be added to the Dedicated Project Funds. Authority shall reimburse Developer for all hard and soft costs incurred in`#trdesign and constiuction of the Course Redesign following a corresponding Dr quest within thirty (30) days after receipt of each eligible Draw Request and associated documentation of costs incurred. Such costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (d) Inclusive in all Developer reimbursable costs described herein shall be a 10% general contractor fee paid to Developer's general contractor, Dragas Management Corporation, a related entity to Developer. 6 (e) The City agrees to provide such easements or use agreements on its properly as may be needed for the performance of the Transaction and execution of the Plan of Development(as defined below) at no fee to Developer, including easements to allow the off-site enhancements for the Grand Entrance and any other signage related to the Project. The Grand Entrances may require additional area for monumentation and enhanced landscaping and,to the extent the real estate for the Grand Entrances is controlled by the City or Authority, the City or Authority will cooperate to provide required dedications, encroachment agreements, or temporary constriction,perpetual maintenance, or other easements. (f) The City and Authority shall facilitate ai.Rd851'ebcute any right of entry agreements or authorizations necessary to provide Develo ,errafid its agents, contractors, and representatives access to the Property for pttrpygs' diligence, design, engineering, and construction activities related to the,Proct. 6. Infrastructure Improvements: Tklsaxecution of the Abject may require public and franchise utility and public road i mproveme is (collect0blyr;the "Public Infrastructure Improvements") that provd4yfbenefits.{o the Golf Coate Property, adjacent land owned by the City and Authority;, a ":fie First Tee Properly. Such improvements also support the sustaivability of long Perm public recreation on the Golf Course Property, The Public Infrastrifu'eImprovemei#s-shall include,but are not limited vi� r' to,hard costs,soft costs, and associatedNgeireilycontractbzees of the following: • � `+ •.yes{<d,,;,,, `��.';-�G•. (a) Ty lanes, z' roa -'``'" cler�in', franchise utility ; {: 1-Utz:'/---�•. rrr9.�r .+ Y relocations/improvement-§% sicTEy+ralks, snisetscape andlandscaping improvements to Tournament Drive -A�otential traffic signal at�Totunament Drive and Princess Anne Road, and Project si na axcludin s a e excliis `el for the Residential Property. j g 22 W. g page �;� y p ty. rr ( S�tii r `Sev zj`raiiii```'ot}i '4ut%Yity extensions, improvements, and decommisossrquifed fo;szve the Golf Course Property,the First Tee Property,and the two (Z')parcels owa, by the-A ithority on Tournament Drive. Fct (c) TS' omply� the Virginia Public Procurement Act, the parties fwt, anticipate:-arsole source '68termuzation for the design and construction of the Public Infi•astructuYe;'�rovemep 7. Developer=and City/Authority Shared Obligations. 4;r (a) Public Infrastructure. City or Authority shall reimburse Developer for all hard costs, soft costs, and associated general contractor fees incurred in the design and construction of the Public Infrastructure Improvements up to a maximum of $4,300,000 (the"Public Infrastructure Cap") following proof of expenses incurred and submission of a corresponding Draw Request. Any Public Infrastructure Improvement costs incurred prior to Settlement shall be eligible for reimbursement after Settlement, by corresponding Draw Request. (b) Overages. (i) In the event that Developer incurs any cost overages on the design and construction of the Course Redesign in excess of the Dedicated Project Funds, City or Authority shall reimburse Developer for all such hard costs, soft costs, and associated general contractor fees incurred up to$3,600,000(the"Project Cap")following proof of expenses incurred and submission of a corresponding Draw Request. (ii) Developer shall pay for all costs incurred in the development and constriction of the Course Redesign and Public Infrastructure Improvements in excess of the Project Cap and Public Infrastructure Cap,respectively. 8. Development Plan. As a part of the negotiation gfb definitive documents, the parties will agree on an acceptable plan of developme%,--fi'=the Project (the "Plan of Development"). The Plan of Development will include: ;cf Tjcjcs •Y,�ii•, (a) a due diligence period commof#cirig upon on of the Purchase and Development Agreement and expir.g.the later of(i) l -:days from execution of the Purchase and Development Agre'eiment or(ii)45 days fron.Ueveloper's receipt of City's second round of comments bid%"all engineex�' ,site plans subiutted by Developer for the Project(the"Due Diligence Pegiod");!`�.' (b) reasonable deadline for complarting the subdivision process needed to create the various parcels eonstitrifirig`tlioperty (c) reasonable deadlines,for..tle-paies;.to agree on the redesign for the Golf Course; : r;j rrr,.,T,>� 'rf*.✓ easonabl ` eadlines'ffidr Developer to obtain, with the City's cooperation as a coi tr` ct part iff!'Azoning of he Property and any necessary conditional use permits pX,other peft s;W'-d Ifivd ti, s : ded to execute the Project; ''ieasoiiabie,deadlines for Developer,with City's timely cooperation as property owner, to gbtaiu %`aid for City, with Developer's timely cooperation as applicarif f;to grant, all pe` its, alo als, and other authorizations for all elements of the Project. i der to n,inimt�-closure of the Golf Course,the parties will attempt to obtain all approvalsy June 30t---2027. City shall facilitate cooperation with the Authority, including all ndcess, a fflovals or authorizations for work to be completed on or adjacent to the Property. Upon`fcjr`inal approval of this Term Sheet by City ConmciI,Developer and City shall agree on an'finterim management agreement for the Golf Course operations, if necessary, to minimize closure and ensure smooth transition of golf operations,with such agreement to be effective as of the expiration or termination of the existing management agreement between the Authority and Virginia Beach Golf Club,LLC.During the term of the interim management agreement, Developer to have sole responsibility and to bear all costs for the operation and maintenance of the Golf Course and shall be entitled to retain all revenues generated at the Golf Course during that time. Developer agrees to invest an amount equal to the revenues retained in course operation, maintenance, employee retention and operational support of the Golf Course; and 8 (f) reasonable deadlines for City to terminate or facilitate mutually agreed upon changes to all agreements that may encumber or restrict the realization of the Project including,but not limited to: (i) Management Agreement for Virginia Beach National Golf Course,originally dated March 30,2007,by and between the Authority and Virginia Beach Golf Club,LLC. (h) Ground Lease for TPC Golf Course dated October 8, 1997, by and between the City and the Authority. ±' ui Vir inia Beach Nationale }nez` :commercial Sub-Lease, ( ) g Y ` dated November 1, 2017, by and between Virguua;,;Beach Golff lub, LLC, and VBN Restaurant,LLC. fi "�f• 'r'' 4 (iv) Lease Agreemen"'dated March 26,2026 byM,between the City and Land of Promise Fauns Partnership�jiii�tal tern�fiaffon contemplad�. (g) Settlement on> Project sha1l`biur on or before an agreed date,as outlined in Section 3 and when Devel per;.has secur d.,a11 rezonings, permits, typical inspections,and approvals necessary forthe`P�zQect. .xf (h) MiResfaue� and ousideclatescommencement of construction will be agreed on witllarties lia;. ng terniinf6n rights should these not be met. Qy. LY! 9. Golf"Course Propei Repurc}$ :se.Option. The City shall have an option to ;cam ry . r,<,,L repurchase the Golf Cg trse�P b >`t o t .tWproperty cease to be used for a publicly accessible;Go,1P"G;ourse l'br iiod of more than twenty-four(24)months,excepting tunes needed o :renovation ,or reed J. guration of the golf course in the firture or necessitated by casua(t, condenulat o �or fore-pajeure (the "City Repurchase Option"). The parties :. _.:.: agree that the public l�efi`efit aiufn�ating the City Repurchase Option is the continued availabMi of public golffi the coxumunity. a T im of City Repurchase Option shall continence upon the Settlement as def'a led�`li and shall automatically expire and be of no fiwther force or effect on the mnetyziune (99) year anniversary of such Settlement. The City Repurchase Option shall only apply to the Golf Course Property, excluding the Daycare Property,nor shall it apply to any of the Residential Property. (b) The repurchase price (the "Repurchase Price") shall equal the greater of the FMV or the Investment Recovery Amount, as defined below, at the time of the City's exercise of the City Repurchase Option. (i) The fair market value("FMV")of the Golf Course Property, excluding the Daycare Property and, if applicable pursuant to Section 10(a), the Stay and 9 r Play Property,at the time of exercise shall be determined as follows: each party shall select a licensed MAI-certified appraiser to provide an appraised value. If the two appraisals differ by more than ten percent(10%),the two appraisers shall mutually select a third MAI- certified appraiser, the cost of which shall be shared equally. pair Market Value for the Repurchase Price shall be the average of the two closest appraisals. Such determination shall be final and binding on the parties. The parties agree that the property will be valued as a golf course,and value shall include the stay and play cottages and any other accessory uses and improvements,whether or not that might be the highest and best use at the time of the appraisal. (ii) The "Investment Recovery Atx ourit" shall equal the sum of- ''r •rr•� (1) the Additional PrvatPY�Tvestment multiplied by a fraction, the numerator of which is the number of years ;einairuiig:>iu the ninety-nine(99) year term at the time of exercise, and the denominate bf which is "ninety-nine(99);plus (2) future .4p dal investment made'in"die.Golf Course Property, excluding the Daycare Property, afCer:;the dateqFfSettlement, rriufiplied by a fraction,the numerator of which is the number df,,ypazs Ce raining in the ninety-nine (99) year term at the tune of the future capital investrneztf'and the denominator of which is ninety-nine (99). Spending on repafftAf;'replacements that do not extend useful life shall not count toward future capital inves&nP, '''• - ttf.A (c) U o i:the occurrent ,of a ii+i ge u g eyen under this Section 10 the 3. City shall have sixty(C dais tQ elect,by=ur�tten notice WDeveloper,whether to exercise the City RepurchaseOpfion, r f' d `,'f 'he Ci: e of hase( ) �tS; p`: shall be exercisable only if, at the time of exercise -the;Cit has.,co�niriiited to"esfabl5lsli`and operate a publicly accessible 18-hole �. golf course"01"61herimiutualU,a`;, eable public recreation facility on the entirety of the Golf Coiue.pioperty excluding t ';Daycare Property within two (2) years of the date of exercise,, and shall then�;:gperate' ucth facility for the remainder of the City Repurchase Optiori��f'er'm. r..1 � Z`• .i Tlk&,#ecific terns of the City Repurchase Option shall be further defined in the P ifbhase. evelopment Agreement. 10. Special Terms. (a) Performance Grant. Notwithstanding any other provision of this Agreement, in consideration of Developer's performance and potential advancement of funds necessary to deliver a renovated public golf course, City will reimburse Developer for any costs Developer incurs in excess of the Public Infiastructure Cap and Project Cap (each cost,a"Performance Grant Expenditure")via a performance grant(the"Performance Grant")as set forth below: 10 (i) Amount of Performance Grant. The total amotmt of the Performance Grant will be the lesser of(i) the amount sufficient to reimburse Developer for any Performance Grant Expenditure as inflation-adjusted pursuant to an inflation index and methodology which shall be defined in the Purchase and Development Agreement, or (ii) $10,200,000, as adjusted by inflation. The parties acknowledge this amount is the projected Incremental Tax Revenue (defined below) to be generated by the Project over three years after fiill residential buildout. (ii) Funding:of the Performance Grant. The Performance Grant will be funded with annual appropriations approved by City Q uncil into the Escrow Account in an amount equal to the incremental real estate takes."3"M at the Project. The incremental real estate taxes will calculated annually as thetEerence between(i)the real estate taxes assessed at the Property in the fiscal year pr�rgWf b,' lenient(as the Property is publicly owned, that amount will be zero), and (ii),t1 'amouitt:of;real estate taxes paid f. . at the Property after Settlement(the"Incremental U—MRevenue"). Th-8Yerformance Grant will be funded by the City depositing the IncremeritI�Tax Revenue,as a4pkropriated,in the i•,:ri Escrow Account commencing the first f4ll;s%;,fiscal year following .lement. The Incremental Tax Revenue shall be used e c sively to fi einuburse Devel'o,Per for any Performance Grant Expenditure subject to inflU61 adj.tis rnent and Developer will be reimbursed following proof of expenses^incurred aMd a. ssion of a corresponding Draw Request. The parties shalt execute a erforinance Gragagleement setting forth all further 4,-, 'i` de osit NWIucremental Tax Revenue into details and procedures. The City's otiligatiaito.;; ,p the Escrow Account shall terminate atj r time as`.I eJ)ev9T er has been reimbursed for all Performance Grant Expdit<tres. ..-W." .A F. .,: (b) Xr; t zt�T Main ei�iance Ri`'`fitDuring Closure.Ifthe Golf Course is closed to public play for i lore than si. .consecutNe ntlrs for reasons other than renovation or reconfiguration ocesstatet�;� �°C4sualfy ;;;ondemnation, or force majeure, the City shall have thea ght, bti,'o`ff e oblrgatt"a,Wbn reasonable prior notice to Developer, to enter the.(aolf•Coutrse.Proi�ty and perform such mowing, trimming, landscaping, debris removal; and relater}'t;�deriort'%lgi7ounds maintenance as the City reasonably determines necessarx to keep the '0 if Cou se,in a sightly, safe, and orderly condition (the "City4':.;;� Mainte aprce").Developer�cknowl'e'dges that the purpose of this right is to allow the City to protect"Wypreserve tlr''br;appearance, safety, operational integrity and public-facing condition of`the.�Golf Cozg,Buring any extended closure.The City's exercise of such right •r:y r:, shall not constitite;,a tresl3ass, taking, default by Developer, assumption of ownership or operational co dlyox'assumption of any ongoing maintenance obligation. Any City Maintenance performed by the City shall be limited to exterior grounds maintenance and shall not include capital improvements,course restoration,structural repairs,or operational obligations.In the event that following a closure of more than six(6)months as described in this Section 10, the City does not ultimately exercise the City Repurchase Option, and the Golf Course Property remains under Developer's ownership or control,Developer shall reimburse the City for its reasonable costs incurred in performing such City Maintenance. (c) Standard of Operation of Golf Course. The standard of operation of the Golf Course will be established in the Purchase and Development Agreement. 11 (d) Compliance with laws. All development contemplated for the Project shall comply with all laws, rules and ordinances, including, but not limited to Article 18 of the City's Zoning Ordinance regarding special regulations in air installations compatible use zones. 11. Next Stets. (a) Closed session briefing on the Term Sheet and proposed project. (b) -Public Briefing on Term Sheet and prop Md`Project. (c) Public Hearing on proposed sale of. to Developer. (d) Such other public engagemed.A'duetted by`C ty Council. (e) Vote to approve: (i) Term.Sheet(requr&e`! utllQr`ifty vote). (ii) Sale df' iopeity. (iii) Termination of"'=lea's.e: witli; Authority (also requires Authority vote). ,; Di s bsit,onofFirst Tee Property(may occur out of sequence before other steps)? r>: Neg-001-a tion o ''l f�zut ve documents to include a Purchase and Develogiuerit' gre ment;''�fiild.if no material changes from Term Sheet to Purchase and Development Agredhi tt emerge, then the execution of Purchase and Development Agreel'nent shall occur; fmateriaf'hhanges occur,then an additional vote by City Council would lie equi ed. The`sequence of steps set forth herein is approximate and the parties may muhrall a`"+. eao„ , ran e modify, or reorder such steps as necessary or appropriate Y Y x-P g fy, P arY to facilitate the Tra-s4ction. [SIGNATURES ONFOLL0W NG PAGES J 12 CITY: CITY OF VIRGE14U BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Manages/Authorized Designee Attest: Date: sJ:r+'�riq• City Clerk/Authorized DesigneeF` APPROVED AS TO CONTENT: �. APPIZOYT�AS TO FORM: ;i'`4 ':st:;� a�ii//LJ.. YL9:l;•r' 46. �S:,X}1 ••f:+•i�:�.rr:el:4. '�l�iis•'•Jis Economic Development,;i;r " n ti j Ci = iey:., (,SI.-Af TURES,�ONTINUF;�,ONFOLLOWING PAGE J ��•ifJ�i :Y•rf•`i� 'f��:!I'l�IA�1 ri.4)•'f. �:<i�i} /rr',i.•',1.1/':`-=XL�r:.trr:.�� Y ,y�. �rvi•?ice:r`-}Sif�•.�??. ''J f;.,J,�l,�'` �'"�•-�i,.}°• r, •Tt rl. 't .f r �/,lF;%rlrf J e 13 DEVELOPER: DRAGAS ASSOCIATES,INC., a Virginia corporation By: Name: Title: Date: r` r � 1`1HORITY: ; Tj&=CITiF VIRGINIA BEACH DEVTsI;OPiVIENT AUTHORITY, a itical` iivision of the =: , %;C.onunonwclth..of Virginia Tfitle: CHAIR/VICE-CHAIR Attest: s:fY.f.i. :xrDte: Setii` taTy/Assistant Seietary'' APPROVED AS T rONTENT: APPROVED AS TO FORM: Economic Development City Attorney 14 EXHIBIT A THE"PROPERTY" THE"RESIDENTIAL PROPERTY" x\MMN, ! THE "FIRST TEE PROPERTY" THE "GOLF COURSE PROPERTY" -----.---- ..CPS\ Portion of PARCEL C Included-! ad r the Property Portlo of PAR C. not included in tbd Prope 16S Portion of ! '/ PARCEL.D ti PARCEL not included Cf In the Property t PARCEL 'D_ 3 PARCEL. o o PARCELS PARCEL A: 14945234340000 ENTIRE PARCEL PARCEL B: 14941372020000 ENTIRE PARCEL PARCEL C: 14943449190000 A PORTION OF PARCEL,ESTIMATED ABOVE PARCEL D: 14940352370000 A PORTION OF PARCEL,ESTIMATED ABOVE 15 LOCATION MAP Portion of ,- PARCEL C "- `^, :. fq,l •fry-/4 , � . � �:,.�,} �_ < included in, �` r•+""� the Pro _ r� T p � �F # �5-; e �r,(�` • Proper , A ',I# �,`.r� 'f�'?F�f.{ �f{`,� J t, Portio oft 7o'��c t i ,ft I tjer �•s�r''v�``•f,ot�_r :��s not lacluded In t d Pro E . '= ,.,.� f k pert a, � F��t 55 acres r ti_.'f ql Portion of PARCEL PARCEL D �,r r .not Included C in the Property - PARCEL l p 256.2 acres f 17.4. PARCEL o < r'� Jet acre .._ _ 27.0 acres N. t .i;iiiL4{r. 3, 1. •+'� ' :.,•i:' � .: PARCELS APPROXIMATE ACREAGE PARCEL A: GPM: 1494-52-3434 30.8+/-Ac. - Entire Parcel (Outside ITA) PARCEL B: GPM: 1494-13-7202 27.0 +/- Ac. —Entire Parcel (Farm) PARCEL C: GPM: 1494-34-4919 266.2+/-Ac. (256.2 Ac. + 10.0 Ac.) — Portions of Parcel (Golf Course) PARCEL D: GPM: 1494-03-5237 17.4+/-Ac. — Portion of Parcel (Farm) CITY OF V-8- 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 Virginla Beach requiring action by 'the City Council, boards, commissions, or other bodies. i APPLICANT INFORMATION Applicant Name: as listed on application Dragas Associates, Inc Is Applicant also the Owner of the subject property? Yeso No@ if no, Property Owner must complete SECTION2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a.Representative? Yes0 No@ - If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yesq)Noo If yes, list the names of all officers, directors, members;-or trustees below AND businesses that have a parent-svbsidiary_I or.affiliated b isiness.entity,2-relationship with the applicant. (Attach list.i}necessary.) See attached list, Does the subject property have a proposed or pending purchaser? Yes No If yes, name proposed or pending purchaser: . KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official,or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the-subject public action? Yes No If yes, name the official or employee, and,describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Aoolicont must certify whether the following scrviccs arc being provided%%PCOnnection 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 Financing(mortgage, deeds of trust, Name entity and/or individual cross-collateralization, etc.) Q Dragas Mortgage Company Real Estate Broker/Agent/Realtor © Dragas Companies Realty Disclosure Statement I rev. May-2024 page 1 of 3 APPLICANTSECTION 1: continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 G Architect/Designer/Landscape Q 0 Tim Liddy+Associates, Inc Architect/Land Planner Construction Contractor 0 Dragas Management Corporation Engineer/Surveyor/Agent 0 Timmons Group,Inc Legal Services 0 Sykes,Bourdon,Ahem&Levy;Carney Patterson Meade PLC 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. Dragas Associates, Inc 06/10/2026 Applicant Name(Print) Applicant S ur 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, (if) 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. is FOR-CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date page 2 of 3 Disclosure Statement I rev. May-2024 Dragas Associates,Inc. Officers and Affiliated Entities Director 4, Helen E.Dragas Officers • Helen E.Dragas,President •:• Brian Kokoska,Vice President Sally Vandergrifft,Vice President • Lina Rollins,Treasurer Aretha N. White,Secretary Dragas Associates,Inc.Affiliated Business Entities ❖ 757 OZ Enterprises,LC ❖ GSW Properties II,LLC ❖ 757 OZ Fund 1,LC + GSW Properties,LLC •:• Bonney Road Associates,LLC ❖ Hawkins Mill,L.C. •:+ Branford Square,LC Hickory Manor Associates,L.C. Carter's Bridge,LLC ❖ King's Pointe Associates,L.C. • CIC Management, Inc. :• Landstown Associates,LLC ❖ Columbus Station Associates,LLC ❖ Plantation Woods East,LC ❖ Crestfield Associates,LLC + Signature Holdings,LC Dominion Boulevard Partners,L.L.C. ❖ Signature Partners,LC Dragas Acquisition,LLC ❖ Spence Crossing Properties LC :• Dragas Communities,LLC ❖ Spence Crossing Residential,Inc. ❖ Dragas Companies Realty,Inc. Spence Farm Holdings,L.C. :* Dragas Design,L.C. ❖ Spence Properties,L.C. •:• Dragas Management Corporation ❖ Springton Associates,L.C. Dragas Mortgage Company ❖ Woodlands of Chesapeake Associates,L.C. ❖ Dragas Properties,LLC Dragas Property Management,LC •:+ Dragas Service Company ❖ Dragas VB Properties I,LC •3 Dunmore Associates,LLC •:• Edgewater East,LLC ❖ Edgewater West,LLC Epoch Experiences,Inc •'• Gemini Builders,Ilia •3 Grayson Associates,LC Grayson at Centerville,Inc. Grove Development,Inc. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the Most Recently Adopted City/School Revenue Sharing Formula MEETING DATE: August 11, 2026 ■ Background: The City of Virginia Beach and Virginia Beach City Public Schools (VBCPS) first implemented a funding formula in FY 1997-98. The current City and School Revenue Sharing Policy was adopted on November 19, 2019, and was to originally expire on June 30, 2024. It has since been extended on one-year terms with the most recent extension through June 30, 2027. During the 2026 Winter Retreat, City Council provided guidance to City staff to explore establishing formal health insurance premium parity between the City and the Schools. The FY 2026-27 Adopted Budget included an extension to the Revenue Sharing Policy through June 30, 2027 and direction to the City Manager to engage with Schools to revise the formula for the next fiscal year and include language regarding health insurance premiums. As such, a revised formula was proposed to the Schools. The proposed amendments to the Revenue Sharing Formula for the School Board's consideration included adding a section to the policy to ensure premiums remain in unison and provide a process for which the School Board could request deviation from the parity. These proposed amendments were shared with the Superintendent on May 28, 2026. On June 10, 2026, the School Board Chair returned updated policy language, which is substantially similar to what was provided by City Staff. However, the School Board requested an additional year extension, through June 30, 2028, at its July 14th meeting. ■ Considerations: Staff for the Public Schools relate that the additional year extension is helpful in negotiating benefits contracts for employees of both the City and Schools. While this may be true, there may be concerns about extending the Policy for an additional year without knowing the full landscape of state funding for public education or whether the School Board may make a future request that the City explore a referendum for school construction. ■ Public Information: Normal City Council agenda process ■ Attachments: Resolution, Proposed City/School Revenue Sharing Policy Requested by the Virginia Beach School Board REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 A RESOLUTION TO EXTEND THE MOST RECENTLY 2 ADOPTED CITY/SCHOOL REVENUE SHARING FORMULA 3 4 WHEREAS, the current City/School Revenue Sharing Policy was adopted on 5 November 19, 2019, and is set to expire on June 30, 2027; 6 7 WHEREAS, the policy exists to establish a procedure for allocating local tax 8 revenues between the City and the Virginia Beach City Public Schools; 9 10 WHEREAS, the School Board has formally requested the extension of the policy 11 until June 30, 2028; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The currently adopted City/School Revenue Sharing Policy as amended, attached 17 hereto, shall remain in effect until June 30, 2028, at which time it will be reviewed and 18 considered for reauthorization unless otherwise directed by the City Council. 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: 2j)-"'A dget and Management Services e o the City Attorney CA-17280 R-1 July 29, 2026 4 � CityCouncil and OUR NP"'o �zo�,9k. OEM School Board Policy Title: City/School Revenue Sharing Policy Index Number: Date of Adoption: November 19,2019 Date of Revision: Page: 1 of 6 1. Purpose 1.1. This policy (the "Policy") is to establish a procedure for allocating Local Tax Revenues between the City and the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide a planning and allocation tool that yields sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local General Fund tax revenues that are under the City Council's control, rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. Notwithstanding anything in this Policy, at no time shall the City's funding for Schools be less than that required by Virginia law for the maintenance of an educational program meeting the Standards of Quality as established by the General Assembly and required by the Virginia Constitution. 2. Definitions: 2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools. 2.2. "Schools" refers to the Virginia Beach City Public Schools. 2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non-dedicated local taxes: real estate (less dedications such as the Outdoor Initiative); Personal Property; General Sales; Utility; Virginia Telecommunications;Business Professional and Occupational License(BPOL)Tax;Cigarette (less dedication for Economic Development Incentive Program (EDIP)); Hotel; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on Wills. 2.4. "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; taxes that represent"net-new revenues"and are required to be redirected or are the basis for the calculation of an incentive payment as part of a public-private partnership approved by City Council; taxes established to support Open Space; Agricultural Reserve Program; Tourism Advertising Program; Tourism Investment Program,referendum related taxes,and taxes used to support the BRAC project.A more complete discussion of such dedications is found in the Executive Summary and Operating Budget each year. 2.5. "Formula Percentage" means the percentage applied to the Local Tax Revenues to arrive at the Formula Revenues. 2.6. "Formula Revenues"means the amount of revenue the Policy provides for funding the Schools. 2.7. "General Fund Balance Reserve Policy" means the Policy adopted by the City Council on May 11, 2004,which sets a range of 8% to 12% of the following year's budgeted revenues as the required undesignated fund balance. 2.8. "Net-new Revenues"as used in Section 2.4 means public-private partnership revenues generated by a project (or property)that exceed the Local Tax Revenues prior to the public-private partnership. 2.9. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.10."Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.11."Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report(CAFR). 2.12."School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.13."Schools Reserve Fund"means the fund established by the City Council on November 4,2013,which is subject to School Board Policy#3-28 and is identified in the City's Financial System as Fund 220. 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1.In October, Budget and Management Services will develop an estimate of Local Tax Revenue for the upcoming fiscal year. 3.1.2.Estimated Formula Revenues. Using the estimate in the preceding subsection,the City's Department of Budget and Management Services will provide the estimated formula revenues to the Schools. The Estimated Formula Revenues is the result of the Local Tax Revenues multiplied by the Formula Percentage,which shall be 46.75%starting in FY 2020-21. 3.1.2.1.This formula calculation shall comprise the local contribution for the Schools pursuant to this Policy. 3.2. Final Estimate 3.2.1.In February, the City's Department of Budget and Management Services will develop a final estimate of the Local Tax Revenues. Using this estimate and the Formula Percentage, the City will derive a final estimated amount of Formula Revenues, which will be included in the City Manager's Proposed Operating Budget and communicated forthwith to the Schools. 3.2.2.The final estimated amount of Formula Revenues and the calculation thereof shall be clearly presented in the City Manager's Proposed Operating Budget and forwarded to the City Council for consideration as part of the annual budget process. 4. Procedure to Request Funding Above the Revenue Sharing Formula: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of operations or to provide for additional initiatives.The School Board's resolution will provide the following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding;and 4)that the School Board supports an increase in the real estate tax(or other local tax) should the City Council determine that such a tax increase is necessary. 4.2. The City Council, in its sole discretion may elect to provide revenue to Schools that is not consistent with this Policy.Such action by the City Council may include consideration of existing dedications or alternate sources of revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required, the City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes, this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Deviations from Budgeted Local Tax Revenues: 5.1. If, at the end of the fiscal year,the Actual Local Tax Revenues exceed the Budgeted Local Tax Revenues,the amount of excess revenue will be subject to the same treatment as similar revenues in the budget process for the immediately preceding fiscal year. However, any excess revenue is first subject to the General Fund Balance Reserve Policy. If such excess funds are not required for the General Fund Balance Reserve Policy,the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds,discussed in Section 6.3, below. 5.2. If,the City, through the Manager or their designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th(to include the accrual period) lapse and revert to the fund balance of the City's General Fund. 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year.This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund.See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated.If the actual debt payment exceeds estimated debt payments,the amount of the Schools'reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments,the amount of the Schools' reversion funds will be increased by this difference. 6.3.4.The Schools' Office of Budget Development will confer with Budget and Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy,the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to the applicable policy for the Schools Reserve Fund. 6.3.5.1.Upon receipt of the resolution, Budget and Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2.Following City Council's action, Budget and Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Health Insurance Premiums 7.1. Both the City and Schools have a consolidated health insurance plan with equal health benefit coverage and offerings. Recommendations on premium adjustments as well as plan design changes are made by the Benefits Executive Committee (BEC)comprised of staff members from both City and Schools. Recommended health insurance premiums, as well as, plan offerings for both city and school employees, should remain in unison, to the greatest extent possible, with School annual health premiums not being below the recommended annual health premiums of the City. qw=�� 7.2. Should the School Board desire to establish employee premiums below the City employee premiums the School Board will notify City Council by resolution of the desired change. The resolution will provide the following: 1)the desire to decrease premiums;2)the reason as to why the lower rates are being requested;3) the requested premium rates and effective date: 4) the recommended employer contribution change and revenue sources supporting changes: and 5) a proiection of the health fund balance demonstrating future sustainability. 748. Revision to the City/School Revenue Sharing Policy: ?4.8_1.The Superintendent, City Manager, Schools' Chief Financial Officer, and the City's Director of Budget and Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools' operations, any use of "one-time" revenues, and any adjustments made to existing revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and the Superintendent will brief the City Council and the School Board respectively. �.i:8_2.City Council may revise this Policy in its discretion after consultation with the School Board. 7­3-.8_3. If no other action is taken by the City Council and the School Board,this Policy shall remain effective until June 30,28242028, at which time it will be reviewed and considered for reauthorization. APPROVED: As to Content: School Superintendent Date City Manager Date As to Legal Sufficiency: City Attorney Date Approved by School Board: School Board Chairman Date APPROVED BY CITY COUNCIL: Mayor Date 1�_Nu'8�1c r4 CITY OF VIRGIINIA BEACH AGENDA ITEM ITEMS: An Ordinance Appointing Bridget Henzel to the Position of Assistant City Attorney MEETING DATE: August 11, 2026 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: This resolution appoints Bridget Henzel as an Assistant City Attorney, effective July 9, 2026. ■ Attachments: Ordinance Recommended Action: Adopt the ordinance Submitting Department/Agency: City Attorney City Manager: 1 AN ORDINANCE APPOINTING BRIDGET HENZEL TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to §2-166 of the City Code, Bridget Henzel is hereby appointed to the 8 position of Assistant City Attorney, effective July 9, 2026. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO CONTENT AND LEG L SUFFICIENCY: orney s ice CAI 7286 R-1 July 30, 2026 Hu�� 44''�yt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Issuance by the City of Virginia Beach Development Authority of its Revenue Bonds for the Acquisition, Construction, Renovation, Rehabilitation and Equipping of the Approximately 122-Unit Victoria Place Apartments Multifamily Housing Facility Located in the City of Virginia Beach MEETING DATE: August 11, 2026 Background: The City of Virginia Beach Development Authority(the"Authority") has considered the application of Victoria Place, L.P., a Virginia limited partnership, and its affiliates (the"Borrower"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $7,000,000 (the"Bonds"),to assist the Borrower or a party related to the Borrower in financing or refinancing a portion of(i)the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing, affordable, senior-designated multifamily residential rental housing project consisting of one four-story building of approximately 141,404 total square feet of floor area containing approximately 122 units known as Victoria Place Apartments (the "Project") on approximately 3.07 acres of land located at 4629 Shore Drive in the City of Virginia Beach, Virginia and expected to be owned and used by the Borrower or a party related to the Borrower, (ii) the funding of reserve funds as permitted by applicable law, and (iii)the costs incurred in connection with the issuance of the Bonds. Considerations: The matter comes before Council for its approval pursuant to §15.2- 4906(C) of the Code of Virginia, which requires the municipality on whose behalf the bonds of a development authority are issued to either approve or disapprove any financing recommended by a development authority within one year of the date of the authority's public hearing. The Authority's public hearing was held on July 14, 2026. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. Recommendation: Approval Attachments: Resolution with Certificate of Votes Authority's Submittal Letter to Council w/attachments: Certificate Affidavit of Publication of Public Hearing Summary of Statements of Public Hearing Authority's Resolution Fiscal Impact Statement Statement of Authority Economic Development's Letter to Authority Location Map Disclosure Statement Recommended Action: Approval Submitting Department/ Agency: Economic Development City Manager: 1 A RESOLUTION APPROVING THE ISSUANCE BY THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 OF ITS REVENUE BONDS FOR THE ACQUISITION, 4 CONSTRUCTION, RENOVATION, REHABILITATION AND 5 EQUIPPING OF THE APPROXIMATELY 122-UNIT 6 VICTORIA PLACE APARTMENTS MULTIFAMILY HOUSING 7 FACILITY LOCATED IN THE CITY OF VIRGINIA BEACH, 8 VIRGINIA 9 10 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is 11 authorized to advertise and hold public hearings relative to the issuance of private activity 12 bonds; 13 14 WHEREAS, the Authority(a) has considered the application of Victoria Place, L.P., 15 a Virginia limited partnership (the "Borrower"), requesting that the Authority issue its 16 revenue bonds (the "Bonds") in a maximum stated principal amount of $7,000,000 to 17 assist the Borrower or a party related to the Borrower in financing or refinancing a portion 18 of (i) the cost of acquiring, constructing, renovating, rehabilitating and equipping an 19 existing, affordable, senior-designated multifamily residential rental housing project 20 consisting of one four-story building of approximately 141,404 total square feet of floor 21 area containing approximately 122 units known as Victoria Place Apartments (the 22 "Project") on approximately 3.07 acres of land located at 4629 Shore Drive in the City of 23 Virginia Beach, Virginia and expected to be owned and used by the Borrower or a party 24 related to the Borrower, (ii) the funding of reserve funds as permitted by applicable law 25 and (iii) the costs incurred in connection with the issuance of the Bonds (collectively, the 26 "Plan of Finance") and (b) has held a public hearing in connection therewith on July 14, 27 2026 (the "Public Hearing"); 28 29 WHEREAS, the Project shall be established and maintained as a "qualified 30 residential rental project" within the meaning of Section 142(d) of the Internal Revenue 31 Code of 1986, as amended (the "Code"); 32 33 WHEREAS, Section 147(f) of the Code provides that the applicable elected 34 representatives of the governmental unit having jurisdiction over the issuer of private 35 activity bonds and over the area in which any facility financed with the proceeds of private 36 activity bonds is located must approve the issuance of such bonds; 37 38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 39 Virginia (the "City") and the Project is located in the City; 40 41 WHEREAS, the Authority, as the issuing governmental unit with respect to the 42 Bonds, has no applicable elected representative, the City constitutes the next highest 43 governmental unit with such a representative, and the members of the City Council of the 44 City (the "Council") constitute the applicable elected representatives of the City; 45 46 WHEREAS, the Authority has recommended that the Council approve the 47 issuance of the Bonds; and 48 WHEREAS, a copy of the Authority's resolution approving the issuance of the 49 Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the 50 Public Hearing and the fiscal impact statement concerning the Plan of Finance have been 51 filed with the Council. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1, The Council approves the issuance of the Bonds by the Authority, in one or 57 more series at one time or from time to time, in an aggregate maximum stated principal 58 amount of $7,000,000 for the benefit of the Borrower or a party related to the Borrower, 59 as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia 60 of 1950, as amended to permit the Authority to assist in the financing of the Plan of 61 Finance. 62 63 2. The approval of the issuance of the Bonds does not constitute an endorsement 64 to a prospective purchaser of the Bonds of the•creditworthiness of the Plan of Finance or 65 the Borrower. 66 67 3. In accordance with Chapter 643 of the Acts of Assembly of 1964, as amended, 68 the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit or 69 taxing power of the Commonwealth or any political subdivision thereof, including the 70 Authority and the City. 71 72 4. In adopting this resolution, the City, including its elected representatives, 73 officers, employees and agents, shall not be liable for, and hereby disclaim all liability for, 74 any damages to any person, direct or consequential, resulting from the Authority's failure 75 to issue the Bonds for any reason. 76 77 5. This resolution shall take effect immediately upon its adoption. 78 79 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 80 of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Economic Development City Attorney CA17178 \Iybgoy.ccmW fs 1 tapplicat;onslcitylaw\rycom921wpdocsWO28W 54101148010.docx R-1 July 28, 2026 CERTIFICATE OF VOTES The following is a record of the vote by the Council of the City of Virginia Beach, Virginia (the "Council"), on the foregoing resolution, approved at a duly called regular meeting of the Council held on August 11, 2026, at which meeting a quorum of the Council was present: AYE NAY ABSTAIN ABSENT Robert M. Dyer, Mayor Rosemary Wilson, Vice Mayor Michael Berlucchi Stacy Cummings Barbara Henley David Hutcheson Cal "Cash" Jackson-Green Robert W. "Worth" Remick Dr. Amelia Ross-Hammond Jennifer V. Rouse Joashua F. Schulman Amanda Barnes, City Clerk Council of the City of Virginia Beach, Virginia 43910463v2 1�� VIRGINIA BEACH I f)FVU1,OPJ4f:1.1T AIJTHORIO' July 31,2026 T'he Honorable Robert M. Dyer,Mayor Members of City Council Municipal Center Virginia Beach,Virginia 23456 Re:Victoria Place,L.P.---Revenue Bonds($7,000,000) Dear Mayor Dyer and Members of Council: We submit the following in connection with the request of Victoria Place,L.P.'s application for the issuance of revenue bonds in an amount not to exceed$7,000,000 for the project located at 4629 Shore Drive,Virginia Beach,Virginia 23455, 1. Certificate of the City of Virginia Beach Development Authority(the"Authority")with the following attachments: a) Affidavit of Publication of notice of hearing(Exhibit A). b) Summary of the statements wade at the public hearing(Exhibit B), c) Authority's Resolution recommending Council's approval (Exhibit C). (1) Fiscal Impact Statement(Exhibit D) 2. Statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for.the City of Virginia Beach and its recommendation that the City Council approve the bonds described above(Exhibit E). 3. Letter from Dept, of Economic Development to the Authority commenting on file project (Exhibit F). Very truly yours, I L Lisa M. Murphy Chair Enclosures LMM/AWS/esk 4525 Main Street,Suite 700, Virginia Beach,VA 234621(757)385-6464 CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority")certifies as follows: 1. A meeting of tile Authority was duly called and held at 8:30 a.m.on July 14,2026 before the Authority at the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public bearing on the application of Victoria Place, L.P. ("Applicant") and that notice of the hearing was published in a newspaper having general circulation in the City of Virginia Beach, Virginia(tire "Notice")seven (7) days prior to the hearing date. A copy of the Notice has been filed with the records of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution adopted at a meeting of the Authority held on July 14, 2026 by a majority of the Commissioners present at such meeting.The Resolution constitutes all formal action taken by the Authority at such meeting relating to the matters referred to in the Resolution.The Resolution has not been repealed,revoked, rescinded or amended and is in full force and effect on this date. 5. Attached as Exhibit D is the Applicant's Fiscal Impact Statement. WITNESS my hand and the seal of the Authority,this-&day of A144USI ,2026. Secretary,City of Virginia Beach Development Authority [SEAL] Exhibits: A—Copy of Certified Notice B—Sunnnary of Statements C—Resolution D--Fiscal Impact Statement EXHIBIT A NOTICE OF PUBLIC HEARING (See Attached) VIRGINIA M E D I A Sold To: McGuireWoods LLP-291815 Gateway Plaza 800 East Canal Street Richmond,VA 23219 Bill To: McGuireWoods LLP-291815 Gateway Plaza 800 East Canal Street Richmond,VA 23219 Affidavit of Publication State of Illinois County of Cook Order Number: 99269 Purchase Order: Victoria Place-Notice of Public Hearing This day, Jeremy Gates appeared before me and, after being duly sworn, made oath that: 1) He/she is affidavit clerk of The Virginian Pilot, a newspaper published by Virginian-Pilot Media Companies, LLC in the city of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https://www.publicnoticevirginia.com Published on: 7 Jul 2026. wl�� Jeremy Gates Subscribed and sworn to before me in my city and state on the day and year aforesaid this 8 Jul 2026 My commission expires July 3,2029 Notary Signature Official Seat MARIA JOE Notary Public.State of Ntinois Commission No.1013054 My Commisslon Expires July 3,2029 [ -_ - -_ — —— I Notary Stamp 99269 Page 1 of 2 a s a e ro a e a a §m a s As a � a a a a a § a a ro s � a � o�R � +� "Q � � � � � � � �' �� � � � ai � �� �a � �� � e � � � � "' � � � ai � �• '� i 3 � � a� 1 s R� z y e a as� oa �" � > a 1 a 11%14 1 goo a P I CI" Jig 1 n � N 1 a§n d� 51 _ � 1 8 W- _ T S� a a8R S JR F ° F p�° S � R F• F,`,mR '�� a ' a 6 a° g 4 ° +� a�9 a $ °�N a »p a - aa. a'�E - aX - 9m"" o :6 __ . § z £ L'h £ ? s iba ;PM. �3 £ F 3 :_ 3 oa 3 `R a ` � $"$ g ff' m� 3 T§+ m 3 d 'Yi; '36 g S i f �T d=r$ S�a b $R s "^ S�_" ;�+RR- Q �R ! qg s de 16..E z � 1S � I..$ >L` iPP _�: 2li 38 3 «,; ji:: $" $� aL <oea a :g- " <P;a`R:sK0 m PPsg+gg.$:_. .-4^g S ,�E aS <°rg= :-go �g .,-.g � . 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The Project will meet the requirements of a qualified residential rental project within the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended. The Project is expected to be owned and used by the Borrower or a party related to the Borrower. The public hearing, which may be continued or adjourned,will be held at 8:30 a.m.on July 14,2026 before the Authority at the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462. The issuance of the Bonds as requested by the Borrower will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Authority or the City of Virginia Beach, Virginia, but will be payable solely from revenues derived from the Borrower and the Project and pledged therefor. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority or the City of Virginia Beach, Virginia, is pledged to the payment of the Bonds. The Authority has no taxing power. Any person interested in the issuance of the Bonds or the Plan of Finance may appear at the hearing and present his or her views. A copy of the Borrower's application may be inspected at the Authority's office at the address stated above during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY EXHIBIT B SUMMARY OF STATEMENTS Representatives of Victoria Place, L.P. and McGuireWoods LLP,bond counsel, appeared before the Authority to explain the proposed plan of financing. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION [See Attached] I I I RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF REVENUE BONDS IN A MAXIMUM STATED PRINCIPAL AMOUNT OF$7,000,000 FOR THE BENEFIT OF VICTORIA PLACE,L.P. WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), is empowered by the Virginia Acts of Assembly of 1964, Chapter 643, as amended (the "Act"), to issue its revenue bonds to make loans for the purpose, among others, of financing the Plan of Finance(as hereinafter defined)and to benefit thereby the safety,health,welfare and prosperity of the inhabitants of municipalities of the Commonwealth of Virginia(the"Commonwealth")whose housing authorities have not been activated pursuant to the Housing Authorities Law, Chapter 1, Title 36 of the Code of Virginia of 1950, as amended(the"Virginia Code"); and WHEREAS,Victoria Place,L.P.,a Virginia limited liability partnership(the"Borrower"), has requested the Authority to agree to issue its revenue bonds under the Act in an aggregate maximum principal amount of$7,000,000 (the "Bonds"), the proceeds of which will be used to finance or refinance a portion of(a) the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing project consisting of one four-story building of approximately 141,400 total square feet of floor area containing approximately 122 units known as Victoria Place Apartments (the "Project") on approximately 3.07 acres of land located at 4629 Shore Drive in the City of Virginia Beach, Virginia(the"City")and expected to be owned and used by the Borrower or a party related to the Borrower,(b)the funding of reserve funds as permitted by applicable law and(c)the costs incurred in connection with the issuance of the Bonds (collectively, the "Plan of Finance") as permitted under the Act; and WHEREAS, the Project shall be established and maintained as a "qualified residential rental project" within the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended(the"U.S. Code"); and WHEREAS, preliminary plans for the Plan of Finance have been described to the Authority and a public hearing(the"Public Hearing")has been held on July 14,2026 with respect to the Plan of Finance and the Bonds in accordance with Section 147(f) of the U.S. Code and Section 15.2-4906 of the Virginia Code; and WHEREAS, no Commissioner of the Authority is an officer or employee of the City, each Commissioner has, before entering upon his or her duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Virginia Code, and at the time of their appointments and at all times thereafter, including the date hereof, all of the Commissioners of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no Commissioner of the Authority has any personal interest or business interest in the Borrower or the proposed Bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Virginia Code in connection with this resolution or any other official action of the Authority in connection therewith. f NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH I DEVELOPMENT AUTHORITY THAT: I i 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of,this resolution. 2. It. is hereby found and determined that the Plan of Finance will promote the commerce, safety,health,welfare, convenience or prosperity of the Commonwealth, the City and their citizens and will further the public purposes of the Act by assisting in providing housing to low and moderate income persons in the City. 3. To induce the Borrower to undertake the Plan of Finance and maintain the Project as a "qualified residential rental project"within the meaning of Section 142(d) of the U.S. Code, the Authority hereby agrees,subject to approvals required by applicable law,to assist the Borrower in financing the Plan of Finance by undertaking the issuance of(and hereby declares its official intent to issue)its multifamily housing revenue bonds therefor in an aggregate maximum principal stated amount of$7,000,000 upon the terms and conditions to be mutually agreed upon between the Authority and the Borrower. The Bonds shall be issued in form and pursuant to terms to be set by the Authority. The Bonds may be issued in one or more series at one time or from time to time,and the Bonds of any such series may be either taxable or tax-exempt for purposes of federal income taxation. 4. It having been represented to the Authority that it is necessary to proceed immediately with the Plan of Finance, and the planning therefor,the Authority hereby agrees that the Borrower may proceed with the Plan of Finance and take such other steps as it may deem appropriate in connection with the Plan of Finance, provided, however, that nothing in this resolution shall be deemed to authorize the Borrower to obligate the Authority without the Authority's consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. This resolution is a Declaration of Official Intent under U.S. Treasury Regulations for purposes of Sections 103 and 141 to 150 of the U.S. Code. Based upon the representations of the Borrower, the Authority reasonably expects that certain costs of the Project may be reimbursed with the proceeds of the Bonds. 5. At the request of the Borrower, the Authority hereby designates McGuireWoods LLP, Tysons,Virginia,to serve as bond counsel("Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 6. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower with respect to the appointment of a placement agent or underwriter for the sale of the Bonds pursuant to the terms to be mutually agreed upon. 7. The Borrower agrees to indemnify and save harmless the Authority, its officers, commissioners, employees and agents from and against all liabilities, obligations, claims, damages,penalties, losses,costs and expenses in any way connected with the issuance and sale of the Bonds. 2 F 1 I 8. All costs and expenses in connection with the financing and the Plan of Finance, including the fees and expenses of the Authority (including, without limitation, any application ( fee and/or origination fee), Bond Counsel, counsel for the Authority and any placement agent or s underwriter for the sale of the Bonds shall be paid from the proceeds of the Bonds(but only to the extent permitted by applicable law) or by the Borrower. If for any reason such Bonds are not j issued,it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. i 9. The Bonds shall be limited obligations of the Authority.Neither the commissioners, officers, agents or employees of the Authority, past, present and future, nor any person executing the Bonds, shall be liable personally on the Bonds by reason of the issuance thereof The Bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth or any political subdivision thereof, including the Authority and the City, and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City,will be pledged to the payment of the Bonds. 10. The Authority (including its officers, commissioners, employees and agents) shall not be liable and hereby disclaims all liability to the Borrower and all other persons or entities for any damages, direct or consequential, resulting from the issuance of the Bonds or failure of the Authority to issue the Bonds for any reason. Any obligation of the Authority to exercise its powers in the City to issue the Bonds as requested by the Borrower is contingent upon the satisfaction of all legal requirements and the Authority shall not be liable and hereby disclaims all liability to the Borrower for any damages, direct or consequential,resulting from the Authority's failure to issue Bonds for the Plan of Finance for any reason, including but not limited to, the failure of the City Council of the City (the"City Council") to approve the issuance of the Bonds. 11. The Authority recommends that the City Council approve the issuance of the Bonds, in one or more series at one time or from time to time, in an aggregate maximum stated principal amount of$7,000,000 for the purpose of undertaking the Plan of Finance as required by Section 147(f)of the U.S. Code. 12. Each of the Chair,Vice Chair, Secretary or Assistant Secretary of the Authority is authorized and directed to deliver to the City Council (1) a reasonably detailed summary of the comments, if any, expressed at the Public Hearing, (2) a fiscal impact statement concerning the Plan of Finance and (3) a copy of this resolution. 13. Each of the Chair,Vice Chair, Secretary or Assistant Secretary of the Authority, or the designee of any of them, is hereby authorized to request an allocation or allocations of the State Ceiling (as defined in Section 15.2-5000 of the Virginia Code) in accordance with the applicable provisions of the Virginia Code and any regulations or executive orders issued thereunder. All costs incurred by the Authority,if any,in connection with such proceeding shall be paid for by the Borrower. 14. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds and the undertaking of the Plan of Finance are hereby ratified, approved and confirmed. 3 f I i 15. No Bonds may be issued pursuant to this resolution until such time as (a) the issuance of the Bonds has been approved by the City Council, (b) the Bonds have received an allocation or allocations of the State Ceiling in accordance with the applicable provisions of the Virginia Code and any regulations or executive orders issued thereunder, and (c) the final terms and details of the Bonds have been approved by subsequent resolution of the Authority. lb. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Plan of Finance or of the Borrower. 17. This resolution shall take effect immediately upon its adoption. 4 CERTIFICATE i The undersigned Secretary of the City of Virginia Beach Development Authority hereby certifies that the foregoing is a true, correct, and complete copy of a resolution adopted by a majority of the Authority's conuiiissioners present and voting at a meeting duly called and held on July 14, 2026, in accordance with law, and that such resolution has not been repealed, revoked, rescinded,or amended, but is in frill force and effect as of the date hereof WITNESS my hand and the seal of the Authority this 14"' day of July,2026. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY .�- By: b L— Secretary [SEAL] APPROVED AS TO CONTENT: "/\- Economic Development APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 5 EXHIBIT D FISCAL IMPACT STATEMENT [See Attached] FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: July 14,2026 Applicant: Victoria Place,L.P. Facility: Multifamily Housing Facility in the City of Virginia Beach,Virginia known as Victoria Place Apartments . Maximum amount of financing sought. $7,000,000.00 2. Estimated taxable value of the facility's real property to be $10,126,000.00 constructed in the locality, 3. Estimated real property tax per year using present tax rates. $98,222.20 4. Estimated personal property tax per year using present tax rates. $0.00 5. Estimated merchants' capital tax per year using present tax rates. $0.00 6. (a) Estimated dollar value per year of goods that will be $79,143.00 purchased from Virginia companies within the locality. (b) Estimated dollar value per year of goods that will be N/A purchased from non-Virginia companies within the locality. (c) Estimated dollar value per year of services that will be $324,717,00 purchased from Virginia companies within the locality. (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. N/A 7. Estimated uumber of regular employees on year round basis. 5 8. Average annual salary per employee. $44,400.00 Chair, Cr y o Virginia Beach Development Authority EXHIBIT E VIRGINIA BEACH DEVELOPMENT AUTHORITY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $7,000,000 REVENUE BONDS TO VICTORIA PLACE,L.P. The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Victoria Place, L.P.'s to assist in financing or refinancing a portion of the cost of acquiring, constructing, renovating, rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing project consisting of one four-story building of approximately 141,404 total square feet of floor area containing approximately 122 units known as Victoria Place Apartments located in the City of Virginia Beach, Virginia, and will promote commerce, safety, health, welfare, convenience or prosperity within the City of Virginia Beach. Financing provided by the Authority will (i) assist in the cost of acquiring, renovating, rehabilitating, equipping and improving the facility and (ii) add to the City's economic tax base. 4525 Main Street, Suite 700, Virginia Beach, VA 23462/Phone: 757-385-6464 rr EXHIBIT F t VIRGINIA BEACH ECONOMIC DEVELOPMENT July 31,2026 Lisa M. Murphy,Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach,VA 23462 Re: Victoria Place, L.P. Dear Ms. Murphy: : The Department of Economic Development concurs with the issuance of revenue bonds in an amount not to exceed$7,000,000 for Victoria Place,L.P. (the`Bonds"). The issuance of the Bonds by the Authority will be in the public interest,will benefit the inhabitants of the City of Virginia Beach(the"City")through the promotion of their safety,health,welfare, convenience of prosperity and will provide a public benefit to the City by,among other things, ensuring the availability of modern and efficient medical services,special care and secure living accommodations for the elderly in accordance with their special needs. The funds will be used to finance or refinance a portion of(a)the cost of acquiring, constructing,renovating,rehabilitating and equipping an existing affordable, senior-designated multifamily residential rental housing project consisting of one four-stoiy building of approximately 141,400 total square feet of floor area containing approximately 122 units known as Victoria Place Apartments(the"Project")on approximately 3.07 acres of land located at 4629 Shore Drive,Virginia Beach,Virginia 23455,and expected to be owned and used by the Victoria Place,L.P. or a related party,(b)the finding of reserve finds as permitted by applicable law and (c)the costs incurred in connection with the issuance of the Bonds(collectively,the"Plan of Finance"). If you have any questions,please do not hesitate to contact me. Thank you. Sincerely, Emily L. Archer Director ELA/AWS/csk 4525 Main Street,Suite 700 a Virginia Dench,Virginia 23462 s ph 757.385.6464 or 800.989.4567 0 fay 757.4".9894 LOCATION MAP SNORE OR SNORE DR SNORE DR StjflRE DR G1 m � Q a 4629 Shoe Drive a (GPIN: 1479-56-5557) Q � �. ' o z 02 Cc -10 4 � r a CITY OF VIRGINIA V-�.B- - BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANTSECTION 1: APPLICANT INFORMATION Applicant Name: as listed on application Victoria Place, L.P. is Applicant also the Owner of the subject property? Yes(F) Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(F) Noo If yes, name Representative: Michael Graff 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.) see attached Does the subject property have a proposed or pending purchaser? Yes No q If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, Q 0 Fannie Mae(Grandbridge) cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 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 0 Eide Bailly Architect/Designer/Landscape O O Architect/Land Planner Saunders+ Crouse Construction Contractor G) 0 Taylor Construction Engineer/Surveyor/Agent 0 WPL Legal Services (F) 0 Sands Anderson/McGuire Woods APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Digitally signed by Daniel Heatwole Daniel Heatwole Date 2026.07.10 14:19:32-04'00' 7/10/2026 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M ay-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Victoria Place, L.P. Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? Yes©i No4 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) see attached Does the subject property have a proposed or pending purchaser? Yeso No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No 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 Q Fannie Mae (Grandbridge) cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 e Accounting/Tax Return Preparation (F) 0 Eide Bailly Architect/Designer/Landscape Q Q Saunders+ Crouse Architect/Land Planner Construction Contractor (F) Q Taylor Construction Engineer/Surveyor/Agent (F) 0 WPL Legal Services (F) Q Sands Anderson/Mcguire Woods PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Daniel Heatwole Digitally edbyD:21:41el e4'00' 7/10/2026 ____ Date:2026.07.10 14:21:41-04'00' Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M ay-2024 page 3 of 3 EXHIBIT A Victoria Place, L.P. Victoria Place GP, L.L.C. 0.01% Ronald C.Ripley 33.33% F.Andrew Heatwole 33.33% F.Scott Ripley 33.33% 100.00% VP ONE, L.L.C. 99.99% Ronald C.Ripley 25.00% F.Scott Ripley 28.33% F.Andrew Heatole 27.34% Douglas J.Ripley 8.33% Matthew S.Ripley 5.00% Daniel B.Heatwole 2.00% James F.N.McCune 2.00% The Victoria Katherine Power McCune Trust 2.00% 100.00% Total 100.00% �t4tY CITY OF VIRGINIA BEACH AGENDA ITEM :1 ITEM: An Ordinance to Authorize the City Manager to Execute a Ground Lease Agreement for City-Owned Property Located Off North Great Neck Road with T-Mobile Northeast, LLC for the Purpose of Maintaining and Operating Wireless Telecommunications Facilities MEETING DATE: August 11, 2026 Background: Since 2010, the City of Virginia Beach ("City") has leased a twenty-five (25) foot by twenty-five (25) foot piece of land located at 616 North Great Neck Road ("Premises") to T-Mobile Northeast, LLC (7-Mobile") for purposes of maintaining and operating wireless telecommunications facilities. The most recent lease expired on March 23, 2025. T-Mobile has been a holdovertenant on the Premises since the most recent lease expired. T-Mobile has been paying rent to the City for use of the Premises and is current on its rent payments to the City. After working with T-Mobile for over a year to extend the most recent lease, the parties have agreed to terms and the City desires to execute a new five-year lease agreement with T-Mobile to authorize the continued use of the communications tower and ground facilities on the Premises. ■ Considerations: The proposed new lease is for the same twenty-five (25) foot by twenty-five (25) foot piece of land on which the communications tower, utility easement, accessory structures, and equipment are currently located. The proposed new lease will grant T-Mobile the continued right of ingress and egress to access the Premises. The proposed new lease is for a term of five (5) years. The first year rent is $23,673.05 with an annual escalation of three (3) percent. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Public Works/Real Estate ) City Manager:fu 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE A GROUND LEASE AGREEMENT FOR 3 CITY-OWNED PROPERTY LOCATED OFF NORTH 4 GREAT NECK ROAD WITH T-MOBILE NORTHEAST,LLC 5 FOR THE PURPOSE OF MAINTAINING AND OPERATING 6 WIRELESS TELECOMMUNICATIONS FACILITIES 7 8 WHEREAS,since2010, the Cityof Virginia Beach("City") hasleased a twenty-five 9 (25) foot by twenty-five (25) foot piece of land located at 616 North Great Neck Road 10 ("Premises") to T-Mobile Northeast, LLC ("T-Mobile") for purposes of maintaining and 11 operating wireless telecommunications facilities; and 12 13 WHEREAS, the most recent lease expired on March 23, 2025; and 14 15 WHEREAS,T-Mobile has been a holdover tenant on the Premises since the most 16 recent lease expired; and 17 18 WHEREAS,T-Mobile hasbeen paying rentto theCityforuseof the Premisesand is 19 current on its rent payments to the City;and 20 21 WHEREAS, after working with T-Mobile for over a year to extend the most recent 22 lease, the parties have agreed to terms and the City desires to execute a new five-year 23 lease agreementwith T-Mobile to authorize thecontinued useof the commu nications tower 24 and ground facilities on the Premises; and 25 26 WHEREAS,the proposed new lease is for the same twenty-five(25)foot by twenty- 27 five(25)foot piece of land on which the commu n ications tower,utility easement, accessory 28 structures, and equipment are currently located; and 29 30 WHEREAS, the proposed new lease will grant T-Mobile the continued right of 31 ingress and egress to access the Premises; and 32 33 WHEREAS, the proposed new lease is fora term of five(5)years and the firstyear 34 rent is$23,673.05 with an annual escalation of three (3)percent. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a ground lease agreement 40 with T-Mobile Northeast,LLC fora term of five(5)years in accordancewith the Summary 41 of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, 42 conditions, or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 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: P blic Works City Attorney's Office CA17282 R-1 July 29, 2026 2 EXHIBIT A SUMMARY OF TERMS Ground Lease Agreement for T-Mobile Northeast, LLC Premises: 25'x 25'site located off North Great Neck Road (GPIN 1486-74-3899) and the right of ingress and egress necessary to access the site Lessee: T-Mobile Northeast, LLC ("T-Mobile") Purpose: The lease will authorize T-Mobile to continue to utilize the tower, utility easement, and equipment currently located on the Premises. Term: Five (5) year term Rent: The first-year rent is $23,673.05 with an annual escalation of three (3) percent. Surety: Lessee will post $7,000 security deposit for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance in the amount of $2,000,000, in addition to other liability insurances required by Risk Management. Termination: Lease may be terminated upon sixty (60) days' written notice to the other party for reasons stated in the lease. Other: Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. DisclosureCITY OF V6 VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for 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 T-Mobile Northeast 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? Yeso No If yes, name Representative: NSA Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesNoo 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.) ttn-CEO of T-Mobile USA, Inc. Does the subject property have a proposed or pending purchaser? Yes No E` If yes, name proposed or pending purchaser: NSA 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. Unknown APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 Q N/A cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Joanne Chaluisan-Agent for TMO 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 Q N/A Architect/Designer/Landscape Q Q N/A Architect/Land Planner Construction Contractor 0 O N/A Engineer/Surveyor/Agent C) Q N/A Legal Services e Q Elina Dunatov-TMO Attorney APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Digitally signed by Justin Corey Justin Corey Justin Coreyo 302,..0;`, 024;8 :ogre°m"itna�m 07/31/2026 Foxlt Phantom PDF Version:10.1.12 Applicant Name (Print) Applicant Signature Date s "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesoNoQ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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 C) No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 Architect/Designer/Landscape o Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 �Nu ems. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of an Existing City Right-of-Way Known as Twin Mills Road MEETING DATE: August 11, 2026 ■ Background: Virginia Electric & Power Company, a Virginia public service corporation, d/b/a Dominion Energy Virginia (the "Applicant") has requested permission to construct and maintain a monument sign measuring 6 feet long by 1.125 feet wide by 4 feet tall, together with associated landscaping not to exceed 225 square feet, and 185 linear feet of underground electrical conduit (collectively, the "Temporary Encroachments") into a portion of an existing City right-of-way known as Twin Mills Road. ■ Considerations: City Staff reviewed the Temporary Encroachments and recommended approval of same, subject to certain conditions outlined in the Agreement. If approved, the Applicant will be required to comply with the City's zoning regulations. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 4V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF AN 5 EXISTING CITY RIGHT-OF-WAY KNOWN AS 6 TWIN MILLS ROAD 7 8 WHEREAS, Virginia Electric & Power Company, a Virginia public service 9 corporation, doing business as Dominion Energy Virginia (the "Applicant"), has requested 10 permission to construct and maintain a monument sign, together with associated 11 landscaping, and underground electrical conduit, within a portion of the existing City right- 12 of-way known as Twin Mills Road (the "Temporary Encroachments"), and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's rights-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 23 and successors in title is authorized to construct and maintain a monument sign, together 24 with associated landscaping, and underground electrical conduit in the City's right-of-way 25 as shown on the map entitled: "DOMINION ENERGY CREW BUILDING MONUMENT 26 SIGN LOCATION EXHIBIT", Scale: 1" = 100', dated March 30, 2026, a copy of which is 27 attached hereto as Exhibit A and on file in the Department of Public Works and to which 28 reference is made for a more particular description; 29 30 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 31 expressly subject to those terms, conditions and criteria contained in the agreement 32 between the City of Virginia Beach and the Applicant (the "Agreement"), a copy of which 33 has been presented to the Council in its agenda, and will be recorded among the records of 34 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Virginia Electric & Power Company, a Virginia public service corporation, 41 doing business as Dominion Energy Virginia, and the City Manager or his authorized 42 designee execute the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 day of 20_. i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �likIj P BLIC WORIASS, REAL ESTATE I �ftg5WEY CA17156 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d023\p053\01146911.doc R-1 Prepared: 7/24/26 2 NOTES: -- 1. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY, 4 DAM NECK ROAD 2. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF VARIABLE WIDTH RIGHT-OF-WAY A TITLE REPORT. = ASKKT PhB N&C tI01 W IIB f97,PAGE 34 IN RTHING: 3454874,33;- # ; ill1 �`�� _ - EASTING: 12.208212.31 w tea' �_" �---- zs EXISTING f NO INGRESS/EGRESS 7 EASEMENT (MB 257, PG. 4 do 5)- , `" -- =�__ �� �� � `,�„ _ • �\ - �;%� PROPERTY LINES (TYP) r EXISTING HRSD FORCE MAIN 4~. EXISTING VARIABLE WIDTH HRSD EASEMENT (INSTRUMENT NO: 202403080218) (08 1331, Q �� ' PG. 363) TM f� .J EXISTING CITY STORM SYSTEM (TYP) �U�o 4 EXISTING 6" DIP CITY FORCE MAIN • co LANDS N/F A VIRGINIA ELECTRIC AND POWER k COMPANY 140' DOMINION INSTRUMENT NO. 202403035156 TRANSMISSION EASEMENT "`+ 24051 84 8720 INSTRUMENT NO, 20230329116 d AREA=602,526 SO. FT. OR NN 13.8321 ACRES 1585 DAM NECK ROAD NORTHING: 3454343.45 ...EASTING: 12207970.11 �cr 185' OF PROPOSED UNDERGROUND r S 3'1 • ELECTRICAL CONDUIT Lay K' #1ATt19 16,9 Li S TO MONUMENT SIGN �G� p, r �o?p, 040 /a70973, +p VJ�,37i1�4;�y�Lw o PROPOSED MONUVENT SIGN AND ANAL LANDSCAPING LANDS N/F TOTAL ENCROACHMENT = 225 SF GOVERNMENT EMPLOYEES SIGN DIMENSION = E' LONG X INSURANCE CO 1.125' WIDE X 4' TALL 24059356050000 f �'r 1345 PERIMETER P WY 1 NORTHING: 3454086,02)- 'F ` 217.0' y._ .' EASTING: 12208170.36 VIRGINIA STATE PLANE COORDINATE NORTH NORTHING 3454105.95 / SYSTEM SOUTH 7.0NE, NAD 1983 /1993 EASTING: 12208122.06 - (HARN) COORDINATE VALUES SHOWN ARE EXPRESSED IN U S. SURVEY FEET GRAPHIC SCALE IN FEET L'ITE 0 50 100 200 DOMINION ENERGY CREW BUILDING Ey `HEcI`Eov AS *At MONUMENT SIGN LOCATION EXHIBIT Kimley)))Horn. EXHIBIT A PREPARED BY VIRGINIA BEACH CITYATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Z� day of 2024 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VIRGINIA ELECTRIC & POWER COMPANY, a Virginia public service corporation, d/b/a DOMINION ENERGY VIRGINIA ("Dominion Energy") ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A" as shown on that certain plat entitled.. "SUBDIVISION PLAT OF A PORTION OF THE TAYLOR FARMS PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA," Scale 1" = 100', dated November 18, 1996, prepared by Horton & Dodd, P.C, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 257, at page 4, and being further designated, known, and described as 1824 Twin Mills Road, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a monument sign measuring 6 feet long by 1.125 feet wide by 4 feet tall, together with associated landscaping not to exceed 225 square feet, and 185 linear feet of underground electrical conduit, 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 right-of-way known as Twin Mills Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) GPIN: 2405-84-8720 (1824 Twin Mills Road) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "DOMINION ENERGY CREW BUILDING MONUMENT SIGN LOCATION EXHIBIT" Scale: 1" = 100', dated March 30, 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 Grantee will not disturb or remove any existing trees within the City's right-of-way known as Twin Mills Road, without the prior written consent of City. 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. 2 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 and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 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 prior to issuance of a right-of-way Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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 3 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 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, the said Dominion Energy Virginia has caused this Agreement to be executed in its corporate name and on its behalf by Kyle M. Young, its Authorized Representative. 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) 4 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: 5 VIRGINIA ELECTRIC & POWER COMPANY, a Virginia public service corporation By (SEAL) Name: Kv�E Yo. n1 Title: Atz,4oR1ze"—P��S��h��r✓F STATE OF VRGt1Tk CITY OF V4R£+N+,k43EAG-H, to-wit: The foregoing instrument was acknowledged before me this�_ day of 2CUn by t nn as VA, ,4wyLg--p fy a Elr�+�r,�t% sous r. 71 (SEAL) - - N tary P li ;. ., . Ciera Cheever Public,State of South Carolina Nct pry PeyiSt�ation Number: !J � [Notary y Commission Expires March 10th 2030 My Commission Expires: Ca(; r—" lid- X06 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS— REAL ESTATE CITY ATTORNEY 6 NOTES: - _ - - - - - - - - - _ - - 1. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING f MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. -!- DAM NECK ROAD 2. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF - VARIABLE WIDTH RIGHT-OF-WAY A TITLE REPORT. _ - - ASPHALT PAVED PUBLIC ROADWAY MB 197,PAGE 34 -- —NORTHING: 3454874.33- + + — ......... - EASTING: 12208212.31 EXISTING 1' NO INGRESS/EGRESS EASEMENT (MB 257, PG. Al- & 5)- \ -` �! �~ \ PROPERTY LINES (TYP) 225 EXISTING HRSD JORCE MAIN \\\ I ! EXISTING VARIABLE WIDTH HRSD EASEMENT (INSTRUMENT NO: 202403080218) (DB 1331, \\ p Q PG. 363) \\\\ Q ' o \ \\\ � I 20 \\ ���o �Q 0 / EXISTING CITY STORM SYSTEM (TYP) 2�V�o ' 1 4 / EXISTING 6" DIP CITY FORCE MAIN \ /\ c0/ LANDS N F VIRGINIA ELECTRIC AND POWER COMPANY \�` w 140' DOMINION ) / INSTRUMENT NO. 202403035156 \\ TRANSMISSION EASEMENT M.B. 157 PG. 4 \� INSTRUMENT NO. 2405-84-8720 20230329116 AREA=602,526 SO. FT. OR 13.8321 ACRES {/ 1585 DAM NECK ROAD 4 H NORTHING: 34b4343.45 --EASTING: 12207970.11 =J 185' OF PROPOSED UNDERGROUND S 3 1 � MEW 04„ ELECTRICAL CONDUIT U KYLE SIG 16 53, TO MONUMENT SIGN LIC No 040207d973 - o- �pS`4JONAL PROPOSED MONUMENT SIGN AND LANDSCAPING LANDS N/F TOTAL ENCROACHMENT = 225 SF GOVERNMENT EMPLOYEES SIGN DIMENSION = 6' LONG X 1 INSURANCE CO 1.125' WIDE X 4' TALL 24059356050000 1345 PERIMETER PKWY / / I217,0- NORTHING: 3454086.02 ' EASTING: 12208170.36 VIRGINIA STATE PLANE COORDINATE NORTH NORTHING: 3454105.95 \ / SYSTEM SOUTH ZONE, NAD 1983 /1993 EASTING: 12208122.06 (HARN) COORDINATE VALUES SHOWN ARE EXPRESSED IN U.S. SURVEY FEET GRAPHIC SCALE IN FEET DATE 03-30-2026 0 50 100 200 DOMINION ENERGY CREW BUILDING DROWN BY CHECKED BY JKS KML MONUMENT SIGN LOCATION EXHIBIT Kimley))) Horn EXHIBIT A APPROXIMATE SIGN LOCATION FUTURE SITE ENTRANCE . WIN s JrAPPROXIMATE LOCATION TWIN MILLS ROAD FUTURE SITE ENTRANCE ♦ Pr h " 4 s � .a q, 1 DATE 03-30-2026 DOMINION ENERGY CREW BUILDING DRAWN aY JKS CHECKED Y SITE PHOTOS Kimley))) Horn EXHIBIT A N W DAM NECK s 30' PRIVATE RECIPROCAL `". SITE\ 1' NO INGRESS/EGRESS INGRESSIEGRESSNEASEMENT 0{yDON �� , .,. ---- EASEMENT VAR-WIDT._ H ppM NECKRt) HRSD EASEMENT - -- - � -- ---- � A ,.� •. a „w„ ,. .,..., „�.:w.r 1. NIMMO - - - - - - - - - - - - i ... - - _ t 1 77 30' PUBLIC UTILITY EASEMENT i HRSD EASEMENT Ir t /r ► tt t � t { { I � t lit► t { t I t 140' DOMINION ENERGY !I a VIRGINIA EASEMENT DOMINION ENERGY ,! v MONUMENT SIGN LOCATION LOCATION MAP r , / ENCROACHMENT REQUEST Legend PROPERTY OWNER: �' DOMINION ENERGY VIRGINIA F1 ,'/ ,' GPIN: 2405-84-8720 CITY PROPERTY // / ,'�/ 0 250 500 2405-84-8720 / Feet 60afed 8v VANTPW_ nqt urvev ureaut- uwevst ' rc is Proeds:Real Estate enda .aps U - anrx N F� , ff W 30` PRIVATE RECIPROC ` 1'NO.INGRESS/EGRE INGRESS/EGRESS EASEMENT r" VAR=WIDTN " ppM NECKfZD III SD EASEMENT' 30'PUBLIC'UTiL EASEMENT Do inion HRSDEASEMENT t kx 140RDOMINION ENERGY ��� VIRGINIA' .. Wl EASEM EN T-� e r � .. N a; Y t y , 4 :F ' ; DOMINION ENERGY Y. ,._ 'MONUMENTSIGN LOCATION' ' 40 , # e ` �u LOCATION MAP ENCROACHMENT REQUEST Legend PROPERTY OWNER: DOMINION ENERGY VIRGINIA GPIN: 2405-84-8720 CITY PROPERTY fy 0 250 500 2405-84-8720 Feet �711aled By. t . - nqt rveV ureau,- - 4 urveVsG ECTS'ArcGisProiects�Real rstateMeada MaPs1 2 - - na aDrx Disclosure Statement VB' i 1 BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Virginia Electric and Power Company d/b/a Dominion Energy Virginia is Applicant also the Owner of the subject property? Yest)Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes@ Noo If yes, name Representative: Troutman Pepper Locke LLP (Robert P. Beaman 111) Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoO If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach list if necessary.) FPease see attached. i ? _ Does the subject property have a proposed or pending purchaser? Ves(7146IF 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, O O cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation o Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor © Houdgan(Alec Turenkov;Katie Nguyen;Josh McCrary) Engineer/Surveyor/Agent @ Kimsey-Horn(David France;Ashley Wall) Legal Services Q © Troutman Pepper Locke LLP(Robert Beaman) APPLICANT CERTIFICATION READ:1 certify that all information contained in this form is complete, true,and accurate. l understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Vt1L�,iMA rr't,r�TfL{L Ark t val Cl 69%f ✓i2.61mr r Applicant Name(Print) Applicant Sign ure D to A-w vWes-> IL f 9e5aau A1XV 9 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 same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): A tD gvl-c M Y( t� A a 12c(2E56�"7-A r 14� Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 nog ,�ZSS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Equipment to the Northampton County Department of Emergency Medical Services MEETING DATE: August 11, 2026 ■ Background: The Virginia Beach Department of Emergency Medical Services would like to donate 25 ballistic vests to the Northampton County Department of Emergency Medical Services. This support would significantly enhance the safety of the personnel that are carrying out essential community services within Northampton County. Each ballistic vest includes one (1) Condor Sentry Plate Carrier and two (2) CAG AR500 armor plates for each plate carrier. At the time of the last purchase, the Condor Sentry Plate Carrier was valued at $50 per carrier. Each CAG AR500 armor plate is valued at $150-$200. The Condor Sentry Plate Carriers do not have an expiration date and may continue to be used as long as the material remains in good condition and is not excessively worn or soiled. During the Department of Emergency Medical Services' use, the department found that the strap clips were prone to breaking, resulting in recurring replacement costs. The CAG AR500 armor plates have a service life of ten years or until they have been struck by gunfire. The department purchased these plates in June 2019. None of the armor plates have been subjected to gunfire, so they remain serviceable through June 2029. The Department of Emergency Medical Services has not identified an ongoing operational need for these armor plates, despite their remaining lifecycle. According to the department, other jurisdictions are experiencing an increase in shooting-related incidents and may not have funding available to implement a ballistic protection program. Donating this equipment to Northampton County would provide their personnel with an increased level of protection while allowing Northampton County time to conduct a comprehensive assessment of long-terms needs and to evaluate replacement options. ■ Considerations: All equipment will be provided in an "as is, where is, with all faults" condition. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: 00 1 AN ORDINANCE TO DONATE EQUIPMENT TO THE 2 NORTHAMPTON COUNTY DEPARTMENT OF 3 EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A donation of 25 ballistic vests from the Virginia Beach Department of Emergency 9 Medical Services to the Northampton County, Department of Emergency Medical 10 Services is hereby authorized. The equipment is to be donated in "as is, where is, with all 11 faults" condition. 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: BLhget and Wanagement Services orney's Office CA17284 R-1 July 30, 2026 Nu a'e� ra �s"Me y� r .z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $187,626 for a Not Guilty by Reason of Insanity Peer Pilot Program and to Authorize Two Grant-funded Positions MEETING DATE: August 11, 2026 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) awarded $187,626 in funding to the Department of Human Services to support the Peer Pilot Program for individuals adjudicated as Not Guilty By Reason of Insanity (NGRI). The funding must be used to increase community-based supports for NGRI acquittees through the development, delivery, and monitoring of evidence-based peer support services tailored to the NGRI experience. The Peer Support Specialists will provide targeted peer support services to individuals who are navigating the NGRI Graduated Release Process. Services will include psychosocial groups and education, community engagement activities, assistance accessing resources, and support with reaching goals. ■ Considerations: DBHDS is awarding funds in the amount of $187,626.00 for the NGRI program. The funding will support start-up and operating costs, including two new grant Peer Support Specialist FTEs. The funds will be available for the period of July 1, 2026 to June 30, 2027. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: P)�9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $187,626 FOR A NOT GUILTY BY REASON OF INSANITY 3 PEER PILOT PROGRAM AND TO AUTHORIZE TWO 4 GRANT-FUNDED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $187,626 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue increased 11 accordingly, to the FY 2026-27 Department of Human Services Operating 12 Budget for the Peer Pilot Program for individuals adjudicated as Not Guilty By 13 Reason of Insanity. 14 15 2. 2.0 positions are hereby authorized with the FY 2026-27 Operating Budget of 16 the Human Services Department. Such positions are conditioned upon 17 continued grant funding from the Commonwealth. 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: D AS TO LEGAL SUFFICIENCY: 'L" 4�'z Budget and Management Seirvices City Attorney's Office CA17278 R-1 July 29, 2026 rfi - 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Health's Office of Emergency Medical Services and to Authorize a Grant Match MEETING DATE: August 11, 2026 ■ Background: The Department of Emergency Medical Services has been awarded funding from Virginia Department of Health's Office of Emergency Medical Services under the Spring Rescue Squad Assistance Grant Fund. The funding will be used for one Stair Pro Stair Chair and three Power Stretchers. The grant period is from June 1, 2026 through September 30, 2026. ■ Considerations: The grant provides $45,540.70 of funding. A local match is required. The source of the $45,540.70 match will come from existing appropriated funds from Capital Project#100729, Public Safety Equipment Replacement II. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: Q" 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF HEALTH'S 3 OFFICE OF EMERGENCY MEDICAL SERVICES AND TO 4 AUTHORIZED A GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $45,540.70 is hereby accepted from the Virginia Department of Health's Office of 10 Emergency Medical Services and appropriated, with revenue increased 11 accordingly, to the FY 2026-2027 Operating Budget of the Department of 12 Emergency Medical Services to purchase one Stair Pro Stair Chair and three 13 Power Stretchers. 14 15 2) A local match of$45,540.70 is hereby authorized from existing appropriated funds 16 within Capital Project #100729, "Public Safety Equipment Replacement II". Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services ney's Office CA17279 R-1 July 29, 2026 �r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Reimbursement Funding to Support the City's Vehicle Replacement Program MEETING DATE: August 11, 2026 ■ Background: The Congestion Mitigation and Air Quality Improvement Program (CMAQ) provides reimbursement funding to state agencies and local governments located in air-quality non-attainment and maintenance areas. The program supports the transition to alternative fuels, including electricity, natural gas, and propane. Eligible CMAQ reimbursement costs include- - Incremental costs associated with reasonable aftermarket vehicle conversion; - Purchase of new clean-fuel vehicles The City recently submitted a CMAQ reimbursement request for the acquisition of four (4) Chevrolet Equinox EVs and two (2) Ford F-150 Lightning electric vehicles. CMAQ has awarded the City $28,236 in reimbursement funding for these vehicle purchases. ■ Considerations: If approved and appropriated, staff recommends applying the reimbursement funds directly toward vehicle replacements. This appropriation will increase available funding within the program, and no local match is required for this reimbursement. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works Department and Office of Public Facilities City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 REIMBURSEMENT FUNDING TO SUPPORT THE 3 CITY'S VEHICLE REPLACEMENT PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $28,236 is hereby accepted from the Congestion Mitigation and Air Quality 9 Improvement Program and appropriated, with revenues increased accordingly, to the FY 10 2026-27 Operating Budget of Non-Departmental for the vehicle replacement program. 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 Management Services Lrey's Office CA17283 R-1 July 30, 2026 jV F �w�fJ l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Problem Gambling Prevention Program MEETING DATE: August 11, 2026 ■ Background: The Department of Human Services Behavioral Health Wellness & Prevention Services program provides targeted services to address problem gambling in the community. These services center around increasing awareness of the problem and provide resources to help individuals in need. The adopted FY26-27 budget included an estimate of$21,379 for this purpose These are additional funds for the grant period July 1, 2026, through June 30, 2027, being awarded by the Virginia Department of Behavioral Health and Developmental Services, for a total award of$48,000 ■ Considerations: This funding of$26,621 is to support problem gambling prevention services. Funding will cover the additional cost of staff training, capacity building, a young adult survey, information dissemination, education, policy changes, social marketing, and incentives/promotions. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE PROBLEM GAMBLING PREVENTION 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT.- 7 8 $26,621 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2026-27 Department of Human Services Operating 11 Budget for the Problem Gambling Prevention Program. 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: 4,1 Budget and'Management Services orn�Offrice CA17276 R-1 July 29, 2026 u aw r1 e' i 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Historic Resources and to Authorize a Grant Match MEETING DATE: August 11, 2026 ■ Background: The Virginia Department of Historic Resources (DHR), the State Historic Preservation Office, administers the U.S. Department of the Interior's (DOI) Historic Preservation Fund (HPF) in cooperation with the National Park Service (NPS). Under this program, the DOI specifies that at least ten (10) percent of Virginia's annual HPF program award be designated as pass-through funding to Certified Local Governments (CLG) each year. Virginia Beach is a CLG and eligible to apply for these funds. The Department of Planning prepared and submitted a CLG grant application in April 2026. Formal notification of the award from DHR was received on June 15, 2026, to notify the City that a subgrant award in the amount of $8,775 has been awarded. A match of $8,775 from the City is required. Grant funds will be used to update the National Register of Historic Places nomination forms for Virginia Beach resources that were originally listed in 1972, Old Donation Church. This nomination satisfied scholarship requirements at the time but lacked the same level of research and depth of information that are provided in nominations today. Updates to the nomination will better document the history of Virginia Beach and Princess Anne County and will bolster long-term planning efforts, including disaster and resilience planning, for these valuable historic resources. ■ Considerations: A local match of $8,775 is required for this grant. The source of the match is already appropriated funds within the Department of Planning's FY 2026-27 Operating Budget. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO AUTHORIZE A GRANT MATCH 4 5 BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $8,775 is hereby accepted from the Department of Historic Resources and 9 appropriated, with revenue increased accordingly, to the FY 2026-27 Operating 10 Budget of the Department of Planning, to update one National Registrar of Historic 11 Places nomination. 12 13 2. A local grant match of $8,775 is hereby authorized from existing resources in the 14 Department of Planning's Operating Budget. 15 16 3. The City Manager is hereby authorized to execute a subgrant agreement with the 17 Department of Historic Resources. 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: r2Budget and anagemen Services ;orney's Office CA17275 R-1 July 29, 2026 S�> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Commonwealth to the Office of the Voter Registrar MEETING DATE: August 11, 2026 ■ Background: The Code of Virginia mandates the governing body of each city to pay compensation to their registrar and electoral board in accordance with the compensation plan in the Virginia Acts of Assembly. On July 13, 2026, the City was notified of the approved compensation adjustment resulting from the Commonwealth's recently adopted budget. A three and a half-percent salary increase as of August 1, 2026, and a one-time bonus payment is provided for these positions. The City's Adopted FY 2026-27 Operating Budget included an estimated reimbursement amount from the Commonwealth for the compensation of the registrar and electoral board. However, the City will receive $6,699 more than estimated as reimbursement for the salary increases and one-time bonus payments to the Voter Registrar and Electoral Board. ■ Considerations: There are no additional obligations to the City as it relates to these increased funds. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Voter Registrar City Manager:PW 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE COMMONWEALTH TO THE OFFICE OF THE 3 VOTER REGISTRAR 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $6,699 is hereby accepted from the Commonwealth and appropriated, with 9 revenue increased accordingly, to the FY 2026-27 Operating Budget of the Office of the 10 Voter Registrar to fund salary adjustments approved by the General Assembly. 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: i;_� C uait2 J Budget and Management Services— i y Attorney's Office CA17281 R-1 July 24, 2026 L. PLANNING 1. BH FARMHOUSE, LLC/THE FARMHOUSE LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width and a Conditional Change of Zoning from Conditional B- 2 Community Business District to Conditional B-4 Mixed-Use District re develop site into a 251-unit multi-family development with commercial space at 1805 Kempsville Road DISTRICT 7 RECOMMENDATION: APPROVAL 2. RONALD KISER/ RON &TARAH KISER for a Change in Nonconformity re construct a detached garage/ storage shed at 1330 Credle Road DISTRICT 6 RECOMMENDATION: APPROVAL 3. PUNGO SQUARE REAL ESTATE, LLC &ALLAN W. BROCK, JR. for a Conditional Change of Zoning from B-1 Neighborhood Business District & AG-2 Agricultural District to Conditional B-2 Community Business District re allow additional retail businesses at 1776 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 4. ATKINSON HOLDINGS, LLC for a Conditional Change of Zoning from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist District re permit retail uses at 608, 610, 612, 614 & 616 Norfolk Avenue and 633, 637 & 641 101h Street DISTRICT 5 RECOMMENDATION: APPROVAL 5. YMCA OF SOUTH HAMPTON ROADS/ MEMORIAL UNITED METHODIST CHURCH for a Conditional Use Permit re child day-care facility at 804 Gammon Road DISTRICT 1 RECOMMENDATION: APPROVAL 6. COASTAL TRAINING LLC/ CP ROADRUNNERS LLC for a Conditional Use Permit re indoor recreational facility at 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112 & 113 DISTRICT 6 RECOMMENDATION: APPROVAL 7. STEVE MERRILL WARNER & SHARI ELAINE WARNER for a Conditional Use Permit re homebased wildlife rehabilitation facility at 4317 Ben Gunn Road DISTRICT 9 RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH for Major Entertainment Venue Sign at 1016, 1093 & 1045 19" Street re Virginia Beach Sports Center DISTRICT 6 RECOMMENDATION: APPROVAL 9. ATLANTIC RENTAL HOMES/TIDEWATER ASSET GROUP LLC for a Conditional Use Permit re short term rental at 913 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL 10. SARAH WATKINSON /JOHN & SARAH WATKINSON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 209 DISTRICT 6 RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Section 2303 re short term rental parking requirements RECOMMENDATION: APPROVAL 12. Ordinance to AMEND City Zoning Ordinance (CZO) Section 237 re mini-warehouses RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 11,2026 at 6:00 p.m.in the Council Chamber at City Hal,Building 1,214 Floor at 2401 Courthouse Drive, Vug(n)a Beach,VA 23456.Members of the public will be able to observe the City Council meeting through Iivestreaming on https://virginiabesch.gov, broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either In-person at the Council Chamber or virtually via WebEx by completing the twostep process below.All interested parties are Invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below.. 1. Register with the City Clerk's Office by calling 757.3854303 prior to 5:00 p.m.on August 11,2026. 2. Download WebEx and view the meeting at: httos•/[vbgQy,webex mm/weaink/nee ter1r61 1 76 7 ScOd4+�*+as 47f0 The following requests are scheduled to be heard: OH Farmhouse,LLC Property Owner.The Farmhouse LLC Subdivislon Variance(Section 4.4(b) of the Subdivision Regulations)&Conditional Rezoning(Conditional B-2 Community Business District to Conditional B-4 Mixed Use District) Address: 1805 Kempsviile Road GPIN: 1455922961 City Couahel:District 7(Jackson-Green) Ronald Kiser Property Owner.Ron&Tarah Kiser Change in Nonconformity Address:1330 Credle Road GPIN:2416287081 City Council:District 6(Remick) Pungo Square Real Estate,LLC&Allan W Brock Jr(Applicant&Owner)Conditional Rezoning (8-1 Neighborhood Business District&AG-2 Agricultural District to Conditional B-2 Community Business District)Address:1776 Princess Anne Road GPIN:2413012423 CityCouncU:District 2(Henley) Atkinson Holdings,LLC(Applicant&Owner)Conditional Rezoning(1-1 tight Industrial District to Conditional RT-3 Resort Tourist District)Addresses:608,610,612,614,616 Norfolk Avenue and 633.637,64110th Street GPIN:2427040251 Cry Council:District 5(Wilson) YMCA of South Hampton Roads Property Owner.Memorial Methodist Church Conditional Use Permit(Child Daycare)Address:804 Gammon Road GPIN:1456440761 City Council:District i(Hutcheson) Coastal Training LLC Property Owner:CP Roadrunners LLC Conditional Use Permit(Indoor Recreational Facility)Addresses:209 First Colonial Road,Suites 107,108,109,110,lit. 112,113 GPIN:2407758027 City Council:District 6(Remick) Steve Merrill Warner&Shari Elaine Warner(Applicant&Property Owners)Conditional Use Permit (Home based Wildlife Rehabilitation) Address: 4317 Ben Gunn Road GPIN: 1479894357 City Council:Dtstrkt 9(Schulman) City of Virginia Beach(Applicant&Owner)Maio Entertainment Venue Sign Addresses:1016. 1093,1045 19th Street GPINs:24 17 66 1204,2417 765489 City Council:District 6(Remick) Atlantic Rental Homes Property Owner:Tidewater Asset Group LLC Conditional Use Permit (Short Term Rental)Address:913 Pacific Avenue,Unit 0 GPiN:24272444111050 City Council District 5(Willson) Sarah Watkinson Property Owners:John&Sarah Watkinson Conditional Use Permit(Short Term Rental)Address: 304 28th Street,Unit 209 GPIN: 24280028662009 City Council: District 6(Remick) CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 2303 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL PARKING REQUIREMENTS CITY OF VIRGINIA BEACH-AN ORDINANCE TO AMEND SECTION 237 OF THE CITY ZONING ORDINANCE PERTAINING TO MINI-WAREHOUSES 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 of 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 TOD service.The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach,gov/citycouncil for the most updated meeting Information. All interested parties are Invited to partkipate. Amanda Barnes,hiMC City Clerk PILOT-JULY 28,2026&AUGUST 4,2026-1 TIME EACH oeE;C. r g r �y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BH FARMHOUSE, LLC [Applicant] THE FARMHOUSE LLC [Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) and Conditional Rezoning (Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District) for the property located at 1805 Kempsville Road (GPIN 1455922961). COUNCIL DISTRICT 7 (Jackson- Green) MEETING DATE: August 11, 2026 ■ Background: The applicant is seeking to rezone an 8.53-acre parcel at 1805 Kempsville Road from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District and a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width to develop the site with a 251-unit multi-family development with commercial space. The property currently contains a historic farmhouse and is developed with a brewery and a coffee shop. The proposed development would result in a density of 29.42 units per acre and consist of two four-story apartment buildings, six detached garages, and the preservation of the existing historic farmhouse for commercial purposes. The proposed buildings will vary in size, with the tallest building having a maximum height of 55 feet, 6 inches. Residential amenities include a community courtyard, as well as an outdoor amenity space with a potential dog park. Landscaping plans include enhanced streetscape plantings, parking lot and foundation landscaping, and a 15-foot-wide landscaped buffer with a privacy fence along the northern and western property lines adjacent to the residential properties to the north and west of the site. Additional site improvements include an 11-foot-wide multi-use trail along the Kempsville Road frontage, as recommended by the Active Transportation Plan. The Zoning Ordinance considers the front yard to be the narrowest part of the yard by which legal access to an abutting street is available. So, although access to the site will be from Kempsville Road, Luck Lane would be considered the legal lot frontage, and a 35-foot front yard setback is required. The 200-foot minimum lot width and 160-foot street line frontage would also be measured along Luck Lane. As such, the applicant is requesting three deviations to allow a 15-foot setback from Luck Lane, a minimum lot width of 50.26 feet, and a minimum street line frontage of 50.26 feet. Due to the site's location within the Centerville Strategic Growth Area, the applicant opted to utilize the reduced setbacks permitted by BH Farmhouse, LLC Page 2 of 6 Section 283 of the Zoning Ordinance, providing a 10-foot setback from Kempsville Road. A parking study was submitted and approved by the Zoning Administrator. While a development of this size would require 463 parking spaces, the study supports that the proposed 388 spaces will adequately serve the development's needs. Additionally, 12 bicycle parking spaces are required and provided on-site. ■ Considerations: Staff and Planning Commission recommend approval of the applicant's request to rezone the property from Conditional B-2 Community Business District to Conditional B-4 Mixed-Use District and obtain a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width for a 251-unit multi-family development with a commercial space in an existing historic farmhouse. The proposal is consistent with the Comprehensive Plan and Centerville Strategic Growth Area objectives, which encourage a mix of uses and the incorporation of diverse housing options currently underserved in the market. The mixed-use redevelopment proposal includes the adaptive reuse of the existing farmhouse and will devote seven percent of the proposed units to households earning at or below 100 percent of the Area Median Income (AMI) for a period of 10 years, as noted in Proffer 11. The development includes thoughtfully designed buildings and provides extensive landscaping and buffering to minimize impacts on neighboring properties. Staff and the Planning Commission find the project supports multimodal transportation goals through the addition of a multi-use trail, sidewalks, internal pedestrian connections, and bicycle parking. School, fire, and infrastructure reviews identified no significant concerns. There was discussion at the Planning Commission hearing between the applicant and the Commission related to a potential need for a crosswalk and pedestrian signal connecting the subject site with the Kempsville Crossing Shopping Center located on the south side of Kempsville Road. The applicant indicated they were willing to explore the need for such improvements with city staff between Planning Commission and City Council and revise the proffers accordingly. The applicant has continued to coordinate with City staff and has offered Proffer 12 to address this matter. Staff and the Planning Commission were amenable to the requested deviations to the front yard setback, lot width, and street line frontage, noting that although by definition the Luck Lane frontage would be considered the front yard, the development is oriented towards and accessed from Kempsville Road, which exceeds the Zoning Ordinance requirements. Staff received seven letters of support and five letters of opposition regarding the application. At the Planning Commission hearing, three speakers expressed support for the project, citing the project's aesthetics and economic benefits and the positive reputation of the developer. One speaker spoke in concern, and six BH Farmhouse, LLC Page 3 of 6 speakers spoke in opposition, raising concerns about environmental impacts, increased traffic, impacts on schools, and impacts on the surrounding residences. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF 8.513 FRONTING ON KEMPSVILLE ROAD FOR BONAVENTURE", prepared by Timmons Group, dated 06/16/2026, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. 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. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE — CONCEPTUAL SITE PLAN", dated March 30, 2026, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 2 When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. BH Farmhouse, LLC Page 4 of 6 Proffer 3 When developed, the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL PLANTING PLAN", and dated March 30, 2026 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-one (251). Proffer 5 The community identification sign(s) located on the Property shall be monument- style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6 A solid six (6) foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. Proffer 7 To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet (15') in lieu of thirty-five feet (35') required under Section 902 of the Zoning Ordinance. Proffer 8 Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan) will be made available during reasonable hours on a by-reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property, to maintain compliance with applicable codes, and to ensure the safety and security of tenants and guests. Proffer 9 The minimum setback along Kempsville Road shall be ten feet (10') in lieu of the fifteen feet (15') required under Section 283 of the Zoning Ordinance. BH Farmhouse, LLC Page 5 of 6 Proffer 10 During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. Proffer 11 For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent(7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk- Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer #6 #11 shall automatically terminate and be of no further force or effect. Proffer 12 BH shall make a one-time contribution to the City of Virginia Beach in the amount of One-Hundred Thousand Dollars ($100,000.00) (the "Contribution") toward pedestrian signalization along Kempsville Road, which Contribution is intended to offset potential impacts arising from the development of the Property for multifamily residential uses. The Contribution shall be made within thirty (30) days after the later to occur of (a) issuance of the first certificate of occupancy for a multifamily residential unit on the Property, or (b) delivery of written notice to the mailing address of the owner of the Property that is on file with the office of the City Real Estate Tax Assessor that applicable public facilities toward which the Contribution is to be utilized have been included in the City Capital Improvement Program. If item (b), above, has not occurred prior to the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (based upon the number of units included on the site plan approved by the City of Virginia Beach) then this Proffer#12 shall terminate and be of no further effect. Whatever portion of the Contribution has not been utilized by the City in accordance with this Proffer within five (5) years after the date the Contribution is deposited with the City shall be returned to BH. Proffer 13 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and BH Farmhouse, LLC Page 6 of 6 administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Support (7) Letters of Opposition (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,---� r Submitting Department/Agency: Planning Department City Manager: A•• Farmhouse, VB� Property fJ • ' • • ' • 1 • CouncilCity 1 • Project Details Requests West Subdivision Variance (Section 4.4(b) of the Luck Lane Subdivision Regulations for lot width) Single-family dwelling/R-5D Residential Conditional Rezoning (Conditional B-2 Community _. e`er cT FR Business District to Conditional B-4 Mixed Use District) ��Jo yPct�oo� °'f�10 Staff Recommendation Approval 0 ° � 1 Staff Planner �� ;m� 1Y Marchelle Coleman o a ° y`° �� o Location �E`�,N DSOR IN Ot , �° �C'� foC,EtV "0.F 1805 Kempsville Road 0.0.OpO� OWN oe� o GP/N SCHoo( L111c',sy,,�f oo hl2C9lFWNGIJ' yDap 1455922961 b",RD Site Size DR 4% KEYS- GPP 8.53 acres A/CUZ C,CLEENx*T "°p^�p F +o.'�a \��r;14 Ei Less than 65 dB DNL y ,� oo '. � �. Watershed Southern Rivers � �sosy. Existing Land Use and Zoning District `' Brewery, Coffee Shop/ B-2 Community Business Surrounding Land Uses and Zoning Districts oe North Single-family dwellings/R-5D Residential South Church / B-2 Community Business East Kempsville Road Single-family dwelling, mixed commercial/ R-7.5 Residential, B-2 Community Business BH Farmhouse, LLC Agenda Items 6 & 7 page 1 of 33 Background SummaryofProposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width and a Conditional Rezoning from Conditional B-2 Community Business District to Conditional B-4 Mixed Use District to develop the site with a 251-unit multi-family development with a commercial space, resulting in an overall density of 29.42 units per acre. • The 8.53-acre site is currently developed with a brewery and a historic farmhouse containing a coffee shop and lies within the Centerville Strategic Growth Area (SGA). • The proposed redevelopment includes two 4-story multi-family residential buildings, six detached garage structures, and the preservation and adaptive reuse of the existing 2,610 square foot farmhouse for commercial purposes. • A community courtyard and amenity area is proposed, as well as an outdoor amenity space with a potential dog park for residents and guests to enjoy. • The proposed buildings will vary in size; however, the tallest building will have a maximum height of 55 feet, 6 inches.The buildings will incorporate high-quality exterior materials, including cementitious panels and lap siding, brick veneer, vinyl windows, standing-seam metal roofing, and architectural shingles, all with a neutral color palette. • In accordance with the provisions of Section 283 of the Zoning Ordinance, which permit reduced setbacks from properties within a Strategic Growth Area subject to certain design criteria, the project will incorporate a 10-foot front yard setback along Kempsville Road. This reduced setback promotes the more urban character envisioned within the SGAs. • While access to the site will be from Kempsville Road, since the Ordinance considers the front yard to be the narrowest part of the yard by which legal access to an abutting street is available, Luck Lane would be considered the legal lot frontage from which a 35-foot front yard setback is required. Since the proposed concept plan includes a 15-foot setback from Luck Lane, a deviation is required in accordance with Section 107(i) of the Zoning Ordinance. • As depicted on the conceptual landscape plan,the applicant proposes foundation plantings along Kempsville Road and interior parking lot landscaping in accordance with ordinance requirements.The plan also provides the required 15-foot-wide buffer with Category IV landscape screening along the northern and western property lines adjacent to residential properties. Based on the conceptual plan, the proposed landscaping appears to satisfy the applicable Zoning Ordinance standards; however, a comprehensive review of all planting and screening requirements will be conducted during final site plan review. • Right-of-way improvements are proposed in accordance with the proffered conceptual plans and include a right-of-way dedication and an 11-foot-wide multi-use trail along Kempsville Road, as recommended by the City's Active Transportation Plan. BH Farmhouse, LLC Agenda Items 6 & 7 page 2 of 33 • Two freestanding monument-style signs are proposed along Kempsville Road. In accordance with Proffer 5, the signs shall not exceed eight (8) feet in height and shall be designed using materials that are compatible with the architecture and building materials of the multi-family residential buildings. • A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum required parking spaces when a significant number of patrons are expected to arrive on foot, by public transportation, or by bicycle. Although a development of this size would typically require 463 parking spaces, the study supports that the proposed 388 spaces will adequately serve the development's needs. Additionally, 12 bicycle parking spaces are required and will be provided on-site. The Parking Study Determination Letter can be found on pages 23 and 24 of this report. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage, as the proposed lot will be deficient in both lot width and street line frontage along Luck Lane. As previously mentioned, the Zoning Ordinance measures lot width along the narrowest frontage from which legal access is available. Required Proposed Required Minimum Proposed Minimum Lot Lot • Frontage widthFrontage Proposed lot 200 50.26* 160 50.26* 7 *Variance Requested • A Phase I Environmental Site Assessment was provided by AEI Consultants, dated March 23, 2026. The Phase I Environmental Site Assessment revealed that there is no evidence of Recognized Environmental Conditions (REC), Controlled Recognized Environmental Condition (CREC), or Historical Recognized Environmental Conditions for the subject site. Based upon the results of the investigation, AEI Consultants recommends no further action be taken with respect to the environmental integrity of the subject property at this time. • A Traffic Impact Study (TIS), prepared by Timmons Group dated May 2026, was provided to Staff for review. More details regarding the review of this analysis can be found in the evaluation section of this report. BH Farmhouse, LLC Agenda Items 6 &7 page 3 of 33 HistoryZoning # °Request "o;R5D CUP (Car Wash Facility)Approved c .o c�. R5D .R5 D �J 09/05/2023 R513 MDC Approved 09/05/2023 P R5D' 1 CUP (Expansion of Religious Use) Approved 03/26/2002 CUP (Parking Lot Expansion) Approved 09/28/1999 B? J CUP (Religious Use) Approved 01/11/1988 Z� 62R7.5 '` CUP (Tattoo Parlor)Approved 12/06/2022 2 CUP(Indoor/Outdoor Recreation Facility) <� Approved 02/05/2019 �► �� �� CUP (Bingo Hall) Approved 09/23/2008 I`A24 �� B2�� CRZ(0-2 to Conditional B-2) Approved 4 3 06/08/2016 CUP(Craft Brewery, Assembly Use, Open-Air Market) Approved 06/08/2016 CRZ(B-2 to Conditional A-12) Approved 4 07/01/2003 MDC Approved11/12/1996 CUP(Borrow Pit) Approved 02/23/1993 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT,Alternative Compliance Evaluation • • • The proposed Subdivision Variance to Section 4.4(b) of the Subdivision Regulations for lot width and street line frontage as well as the Conditional Rezoning from B-2 Community Business District to Conditional B-4 Mixed- Use District to develop the site with a mixed-use development consisting of 251 residential units and a commercial space is, in Staff's opinion, acceptable.The site is located in the Centerville Strategic Growth Area. The vision for the Centerville SGA is to become an education-oriented master-planned community, which capitalizes on the regional access and visibility provided by 1-64, and the existing institutional anchors of CBN and Regent University.The Plan envisions a mixed-use central village with connected trails to campus life, diverse neighborhoods, office, retail, open space, and other land use policies and principles that seek to incorporate, mix ran integration of residential and retail uses. BH Farmhouse, LLC Agenda Items 6 & 7 page 4 of 33 The Centerville SGA Master Plan recognizes the demand for a broad diversity of housing options currently underserved in the market, to include a variety of residential housing types and price points, including workforce housing, to create a vibrant, inclusive, and economically diverse community. The proposed development advances these objectives by introducing a multi-family residential community while preserving and adaptively reusing the existing farmhouse for potential commercial use. The requested B- 4 zoning district provides flexibility for a mix of residential and commercial uses, supporting the mixed-use character envisioned by the SGA Master Plan. Furthermore, the applicant has proffered that seven percent (7%) of the dwelling units will be reserved for households earning at or below 100 percent of the Area Median Income, thereby contributing to the Master Plan's goal of increasing workforce housing opportunities and broadening the range of housing choices available within the Centerville area. The proposed site design also reflects the development patterns encouraged by the SGA Master Plan. The plan emphasizes building placement that frames primary streets and minimizes the visual impact of surface parking areas. Consistent with these recommendations, one of the proposed residential buildings is positioned along the Kempsville Road frontage, creating a stronger street presence and helping to define the corridor. Parking areas are generally located within the interior of the site, reducing their visibility from public rights-of-way and enhancing the overall appearance of the development. Collectively, these design elements support the Master Plan's vision for a more walkable, attractive, and mixed-use development pattern within the Centerville SGA. The property is located within the Centerville Strategic Growth Area (SGA), where the applicant aims to promote a pedestrian- and cyclist-friendly environment. This includes providing direct pedestrian access to the to the development, enhancing walkability and connectivity. The applicant proposes setbacks that differ from the standard B-4 Mixed Use District zoning requirements to better reflect the district's intended pedestrian- oriented character by positioning the building closer to the street. The applicant is proposing a 10-foot setback along Kempsville Road, utilizing the optional street setbacks permitted within the Strategic Growth Areas (SGAs), approved administratively under Section 283 of the Zoning Ordinance, subject to the standards found in Section 283(c). Within the Centerville SGA, mixed-use developments are permitted a reduced setback of 10 feet along arterial streets and 5 feet along other streets through administrative approval. Additionally, the applicant is requesting a deviation from the dimensional requirements of the B-4 Mixed Use District to permit a 15-foot setback, in lieu of the required 35-foot front yard setback, along Luck Lane. Although Luck Lane is designated as the front property line for zoning purposes, the development is oriented toward and will be primarily accessed from Kempsville Road. Accordingly, the applicant seeks approval of the reduced setback pursuant to Section 107(i) of the Zoning Ordinance. Section 107(i) authorizes the City Council to approve deviations from applicable dimensional requirements when good cause is demonstrated and no significant adverse impact on surrounding properties is anticipated. Staff supports the requested deviation, as the reduced setback reflects the unique site configuration and functional orientation of the development. While Luck Lane is considered the front yard under the Ordinance, the building's principal frontage, access, and design focus are directed toward Kempsville Road. Furthermore, the proposed setback reduction does not adversely affect adjacent properties or the public realm and allows for a more cohesive site layout that supports the overall development plan. Accordingly, staff finds that good BH Farmhouse, LLC Agenda Items 6 &7 page 5 of 33 cause has been demonstrated and that the requested deviation can be supported without resulting in significant adverse impacts to neighboring properties or the surrounding area. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle." As required, the Zoning Administrator determined that while 463 spaces are typically required for the proposed uses on the site, the final parking reduction to the minimum number of required parking spaces from 463 to 388 spaces is justified. The Zoning Administrator supports the requested parking reduction from 463 required parking spaces to 388 spaces based on the unique characteristics of the site, its location, and the findings of the submitted parking study.The site is well-positioned to support multimodal transportation and reduced reliance on personal vehicles. Sidewalks are provided along Dylan Drive, Myers Drive, Centerville Turnpike, and Kempsville Road, creating a connected pedestrian network throughout the surrounding area.The property is further linked by existing sidewalks, crosswalks, and pedestrian signals to a variety of nearby destinations that commonly generate pedestrian activity, including Tallwood High School, Brandon Middle School, Crossway Church, and numerous retail and service establishments such as restaurants, grocery stores, pharmacies, medical offices, and convenience stores.The site's proximity to a diverse mix of uses also supports reduced parking demand. Retail services are located within one-quarter mile of the development, encouraging residents to walk or bicycle to nearby destinations. To further support alternative modes of transportation, the development includes 12 bicycle parking spaces. In addition, the project incorporates a mix of residential and retail uses on the same site, creating opportunities for shared parking and varying peak parking demands throughout the day. The property also benefits from immediate access to public transit, with a Hampton Roads Transit (HRT) bus stop located adjacent to the site that provides regular service throughout the day. Based on these factors, the Zoning Administrator determined that 388 parking spaces will adequately accommodate the anticipated parking demand generated by the proposed 251 multi-family dwelling units and 2,610 square feet of retail space.The approved parking reduction is specific to the uses proposed under this application and would be subject to reevaluation should the site be redeveloped or repurposed in the future. More detailed information can be found in the parking study determination letter provided on pages 22 and 23 of this report. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the acceptable threshold for increases in student population. Based on this, the proposal is not expected to negatively impact the current student enrollment. The proffered conceptual site plan has been reviewed by the Fire Marshal's Office, and no concerns were raised with the proposed layout or circulation. Further review will be conducted during the final site plan review process. Traffic Engineering reviewed and approved the Traffic Impact Study(TIS) for the proposed Attain at Farmhouse development, dated May 26, 2026, including its conclusions and recommended roadway improvements. As part of the proposed improvements, the applicant will construct two outbound lanes at the full-access point on Kempsville Road and has also proposed right-turn lanes at both site access locations. Final geometric design details for the right-turn lanes will be coordinated with Traffic Engineering during the site plan submittal BH Farmhouse, LLC Agenda Items 6 & 7 page 6 of 33 process. It is estimated that the proposed development, consisting of 2S1 multi-family dwelling units and approximately 2,600 square feet of commercial retail space, will generate approximately 1,676 average daily trips (ADT). This is lower than the estimated 1,892 ADT that could be generated under the property's existing B-2 zoning at 40 percent site coverage. As recommended by Staff, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy to serve the development. The DSC has reviewed the preliminary drainage study and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. 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. Staff supports the requested variance to the lot width and street line frontage requirements and finds that the request satisfies the criteria set forth in Section 9.3 of the Subdivision Regulations. In the B-4 Mixed-Use District, a minimum lot width of 200 feet and a minimum street line frontage of 160 feet are required. The proposed lot will provide approximately SO feet of lot width.These deficiencies are attributable to the unique configuration of the property and the manner in which lot width is measured under the Zoning Ordinance, which requires measurement along the shorter frontage on Luck Lane even though no vehicular access is proposed from that street. Staff finds that strict application of the Subdivision Regulations would create an undue hardship due to the physical characteristics of the property and the zoning district requirements applicable to the site. The hardship is not self-created, but rather results from the property's configuration and the fact that Luck Lane terminates along the sites northern boundary. Although the proposed lot does not meet the minimum frontage and width requirements along Luck Lane, the site will derive access exclusively from Kempsville Road, where the property has approximately 670 feet of frontage. As a result, the functional access, visibility, and development potential of the property will not be compromised by the requested variance. BH Farmhouse, LLC Agenda Items 6 & 7 page 7 of 33 Furthermore, staff finds that the variance will not be detrimental to adjacent properties or adversely affect the character of the surrounding area.The requested relief is limited in scope and does not alter the proposed use, access arrangements, or development pattern of the site. Given the property's substantial frontage along Kempsville Road and the absence of access from Luck Lane, the lot will function similarly to other conforming commercial properties in the area. Staff also finds that the circumstances giving rise to the request are specific to this property and are not of such a recurring nature as to warrant an amendment to the Subdivision Regulations. Accordingly, staff concludes that the variance is consistent with the intent of the ordinance and supports approval of the request. Based on the considerations above, Staff recommends approval of this request, subject to the proffers and conditions listed below. Recommended Conditions for Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF 8.513 FRONTING ON KEMPSVILLE ROAD FOR BONAVENTURE", prepared by Timmons Group, dated 06/16/2026, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. 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. BH Farmhouse, LLC Agenda Items 6 & 7 page 8 of 33 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE — CONCEPTUAL SITE PLAN", dated March 30, 2026, and prepared by Timmons Group (the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations",dated May 15, 2026 (the "Elevations"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 3 When developed, the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL PLANTING PLAN", and dated March 30, 2026 (the "Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-one (251). Proffer The community identification sign(s) located on the Property shall be monument-style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6 A solid six (6) foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. BH Farmhouse, LLC Agenda Items 6 & 7 page 9 of 33 Proffer 7 To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet (15') in lieu of thirty-five feet (35') required under Section 902 of the Zoning Ordinance. Proffer 8 Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan) will be made available during reasonable hours on a by-reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property, to maintain compliance with applicable codes, and to ensure the safety and security of tenants and guests. Proffer9 The minimum setback along Kempsville Road shall be ten feet(10') in lieu of the fifteen feet(15') required under Section 283 of the Zoning Ordinance. Proffer 10 During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. Proffer 11 For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent(100%)of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date, this Proffer #11 shall automatically terminate and be of no further force or effect. Proffer 12 BH shall make a one-time contribution to the City of Virginia Beach in the amount of One-Hundred Thousand Dollars ($100,000.00) (the "Contribution") toward pedestrian signalization along Kempsville Road, which Contribution is intended to offset potential impacts arising from the development of the Property for multifamily residential uses. The Contribution shall be made within thirty (30) days after the later to occur of (a) issuance of the first certificate of occupancy for a multifamily residential unit on the Property, or (b) delivery of written notice to the mailing address of the owner of the Property that is on file with the office of the City Real Estate Tax Assessor that applicable public facilities toward which the Contribution is to be utilized have been included BH Farmhouse, LLC Agenda Items 6 & 7 page 10 of 33 in the City Capital Improvement Program. If item(b) above has not occurred prior to the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (based upon the number of units included on the site plan approved by the City of Virginia Beach) then this Proffer#12 shall terminate and be of no further effect. Whatever portion of the Contribution has not been utilized by the City in accordance with this Proffer within five (5) years after the date the Contribution is deposited with the City shall be returned to BH. Proffer 13 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan designates the subject property as being located within the Centerville Strategic Growth Area (SGA), which the Comprehensive Plan designates as one of the eight urban areas in the City that is envisioned to accommodate future growth and adopt a more urban style in the City. The vision for the Centerville SGA is to become an education-oriented master-planned community, which capitalizes on the regional access and visibility provided by 1-64, and the existing institutional anchors of CBN and Regent University. The Plan envisions a mixed-use central village with connected trails to campus life, diverse neighborhoods, office, retail, and open space." (p. 1-21, Comprehensive Plan 2016 Policy Document). Other land use policies and principles seek to incorporate a mix of residential and retail uses (p. 1-22, Comprehensive Plan 2016 Policy Document, and regenerate existing development areas to capitalize on existing public infrastructure investments (p. 14, Centerville SGA Master Plan). The design policies and principles encourage the following: Buildings to be located close to the pedestrian street with off-street parking behind or beside buildings. (p. B-1), Wherever possible,join parking areas to create an internal circulation network. Minimize or eliminate curb cuts by sharing vehicular access with adjacent properties and or utilizing alleys for access." (p. B-1), Parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind buildings or in the interior of a block whenever possible. Shared parking is strongly encouraged between adjacent or vertically mixed uses whose peak demand is offset from each other." (p. B-1), Fences are recommended only where complementary to the building design. Discourage the use of stockade or chain link fence where visible from any public street. Design sensitive to the surrounding built and natural conditions. Adjacent buildings should relate in similarity of scale, height, and configuration. (p. B-3) ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. BH Farmhouse, LLC Agenda Items 6 & 7 page 11 of 33 There are no known historical or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z—No trip generation data Kempsville Road 27,760 ADT1 32,700 ADT 1(LOS 4 "D") Existing Zoning—1,892 ADT based on B-2 Zoning at 40%coverage .Proposed Land Use 1-1,676 ADT 1 Average Daily Trips 2As defined a brewery 'As defined by 251 4LOS = Level of and coffee shop multi-family housing Service units and 2,600 SF of commercial retail Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Kempsville Road is a four-lane divided major arterial roadway. There are currently no CIP projects scheduled for this section of Kempsville Road. Active Transportation Plan(ATP) The Active Transportation Plan calls for a multi-use path with a minimum width of 11 feet. ImpactsPublic Utility Water There is an existing 8-inch city water main within Lock Lane, and an 8-inch city water service line with a plug along Kempsville Road. There are two existing 20-inch city transmission mains within Kempsville Road. The site currently connects to city water. The existing 1.5-inch domestic meter and the existing fire meter can be used or upgraded with this development. Sewer There is an existing 8-inch city sanitary sewer gravity main along Lock Lane, and an existing 24-inch HRSD sanitary sewer force main along Kempsville Road. The site currently connects to city sewer. Sanitary sewer pump station #454 has capacity to accommodate the proposed 251-unit multifamily residential development, however upgrades to multiple downstream gravity sanitary sewer main segments are expected to be necessary. BH Farmhouse, LLC Agenda Items 6 & 7 page 12 of 33 Impacts Project Stormwater Design Staff Summary Stormwater for the site is currently managed through existing underground detention chambers, an extended detention basin, and filtering manufactured treatment devices. The project will account for the removal of the existing stormwater management facilities in the proposed stormwater management design, with additional underground detention stormwater management facilities and manufactured treatment devices designed to address water quantity and water quality. The existing public storm sewer that runs through the site and collects off-site drainage from Luck Lane will be rerouted around the proposed buildings and will include a public drainage easement sized in accordance with the Public Works Design Standards Manual. Based on the information provided by Timmons Group in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 8.53 acres Pre-Development impervious area: 2.2 acres Post-Development impervious area: 5.7 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge into the existing storm sewer system along Kempsville Road. Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains southeast across Kempsville Road, through a system of canals that ultimately drain into Stumpy Lake then into the North Landing River. The North Landing River ultimately drains through the Currituck Sound and into the Atlantic Ocean. ImpactsSchool School Current Enrollment Capacity Generation' Change' Tallwood Elementary 585 students 616 students 27 students 27 students Brandon Middle 1,030 students 1,030 students 11 students 11 students BH Farmhouse, LLC Agenda Items 6 & 7 page 13 of 33 Tallwood High 1,812 students 1,825 students 15 students 15 students 1 "Generation" represents the number of students the development will add to the school. 2 "Change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant conducted extensive community outreach prior to the submission of the application and throughout the review process. In mid-March 2026, notice of a community meeting was mailed to adjacent residential property owners, followed by an initial public meeting held at Tallwood High School on March 23, 2026. Additional meetings were conducted with community stakeholders, including the leadership of the Brigadoon Civic League, the Charlestowne Area Civic League, Charlestowne Lakes South, Brandon, and Alexandria neighborhood organizations, as well as the Alexandria Neighborhood Civic Association.The applicant also met with representatives of the Kempsville Athletic Association on multiple occasions and engaged with leadership from Crossway Church. In addition to neighborhood outreach, the applicant met with the ownership of Kempsville Crossing Shopping Center, which subsequently submitted a letter in support of the proposal. To facilitate ongoing communication, the applicant created a project website in May 2026 and provided the web address to nearby civic league and neighborhood organization leaders. Following community feedback received during the initial outreach efforts, the applicant held a follow-up meeting on May 19, 2026, to present revisions made to the proposal and discuss the modifications with adjacent property owners and previous meeting participants. These outreach efforts provided multiple opportunities for community members and stakeholders to learn about the project, ask questions, and provide input throughout the development of the application. • As of June 29, 2026, staff has received 5 letters of opposition expressing concerns regarding potential school overcrowding, increased traffic congestion, public safety, the proposed development's compatibility with the character and scale of the surrounding neighborhood, and privacy impacts on adjacent single-family residential properties. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. BH Farmhouse, LLC Agenda Items 6 & 7 page 14 of 33 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. BH Farmhouse, LLC Agenda Items 6 & 7 page 15 of 33 y / °uRVEnuu I 3 r Mwu uAm u.•m oars aoo m M I 1 s ITI-1nT l-T'I Iftillrr - -- C-�('} I I I I ! � r' I I I I I• --- ��_Li_1��LI ....r. 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W V n Farmhouse Apartments Elevations ARC VMMRAL SHNGLES VINYL WINDOWS CUEMRDA PANEL SIDING ALUNNUN RAUNGS CEMEWrRDLLS LAP SNINC STANDING SEAM BRICK VENEER RGGi1NC _1J �� A 4 Building 1 - Southeast Elevation SCALE:V32"=1 LIT VIM WIND M ARCHf1ECNRAL MNGLES ALLIAMN RAILNGS CENEMRDIJs PANEL SIDING STANDING SM CEHEN7rOJS LAP SIDING RGGHNG BRICK VENEER 10 L1] 717 Building 1 - Southwest Elevation SCALE:1r3r=r•v o� W rn = 5 —n ^, v � 05/15/2026 0 IV 3 C `> O Ln (A ill O lD W � r %! W "I n Farmhouse Apartments Elevations MCMMECIUPX SHNOLES ' CEAEOTIOUS PANEL SIDING MNYL MNDOMS CEkEMTITIMS LAP SIDING ALUMINUM RNLIMGS 9MLK VENEER 7WI`II n r- El r 4 Building 2 - Southwest Elevation SCALE:1137=V.0' 3 Building 2 -SE Elevation Building 2 - NW Elevation SCALE:1132=1'-0 2 SCALE:1137=1'-P AROTECTURAL SNNGLES UN'YL WINDOWS CELIMIMOUS PANEL SIDNG ALUMINUM RAILINGS CENEMTITIDUS LAP SIDING SNANOING SEAM ROOFING BRICK VENEER 1< i r i q o III F r 11LlQ �l .� D N ::3 -n Q 3 Building 2 - Northeast Elevation 05/15/2026 f�D f�D 0 SCALE:1137=1'-P N 3 c F cn to O cn ID Wgo r W V f� Farmhouse Apartments Elevations Front Sides Rear 9 Trash Enclosure SCALE:1132'=l-(r -A CM E ENMOUS FISHSGALE SIDING --CEMENTMOUS FlSHSCALE SIDING ARCHITECTURAL SHINCLES - /[;-ARCHrrEC"rLJRAL SHINGLES i_ PANEL SIDING CEMENTITIOUS PANEL SIDING BRICK BRICK VENEER .I :1 Building 4 SE Elevation Building 3 SE Elevation SCALE:113?=1�(Y 49CALE:V37=V-O' ulliding 4 Building 4 Building 3 Building 3 7SW Elevation NE Elevation SW Elevation NE Elevation 8CALE:1137=1'-(r 6 SCALE:113T=1-T 3 SCALE:113T 1-7 2 SCALE 113T l-(r EMENTMOUS nSHSCALr SIDING EMENIMOUS FISHSCALE SIDING �I.E ARCHITECTURAL SHINGLES _A_ "IIECTUUR�11."l E I SHINGLES EL SUK ZSR S, RICK VENEER ulldln. b I I .11 1 > M Building 4 NW Elevation M Building 3 NW Elevation Z3 -n 5 05/15/2026 'CALE.1"? 1'." C) SCALE:1137 V-O" _0 cu 3 ......... aq — =- r t M ID c r,j 3 P,J L/) Ln 0 M ID LU rr- L Parking • Determination CITY OF PLANNING&COMMUNITY DEVELOPMENT VI RG I N IA Zoning Administration %�+• BEACH 2403 Courthouse Drive,Building 3 Virginia Beach,VA 23456 DATE May 21,2026 TO Steve Schmidt,PE,PTOE,AICP I Timmons Group Ben Flood I Bonaventure FROM Hannah Sabo,Zoning Administrator SUBJECT Parking Reduction—Attain at Farmhouse Mr.Schmidt, This letter is in response to your request for an administrative parking reduction.According to section 203(b)(11)of the City Zoning Ordinance,the Zoning Administrator can reduce the number of required parking spaces if a substantial number of patrons are pedestrians or arrive by bicycle or alternative modes of transportation. The Attain at Farmhouse project includes 251 apartment units and 2,610 square feet of retail space.The parking study entitled,"Attain at Farmhouse Parking Analysis"and dated April 17,2026,has been submitted to the Zoning Office.Included in the document is ITE parking generation data and a site- specific parking study. Following review of the document,I have determined that the proposed reduction to 388 required parking spaces for the above referenced property is approved.The following factors were considered in approving this reduction in parking from 463 required spaces to 388 spaces. • Sidewalks are provided adjacent to the development,along Dylan Drive,Myers Drive,Centerville Turnpike,and Kempsville Road. • The site is connected by a network of existing sidewalks,crosswalks,and pedestrian signals to a number of uses that typically attract pedestrian activity. This includes Tallwood High School, Brandon Middle School,Crossway Church,and a wide variety of retail uses including restaurants,grocery stores,pharmacies,medical office buildings,and convenience stores. • The site is within a quarter of a mile from a variety of retail uses and 12 bike spaces have been provided on site. • The site includes co-location of retail and multifamily uses. • Immediately adjacent to the site is an HRT bus stop with routes servicing the area throughout the day. Based on the factors listed above,this site is approved to have a required 388 off-street parking spaces to accommodate 251 apartment units and 2,610 square feet of retail space.This approval is valid only for the uses as described.Redevelopment or repurposing the site to a new use voids this approval. Should the site increase in size and/or capacity,a new parking study will need to be provided to the (757)385-4621 virginiabeach.gov/plan ni ng BH Farmhouse, LLC Agenda Items 6 & 7 page 23 of 33 Parking StudyDetermination May 21,2026 Attain at Farmhouse Page 2 of 2 Zoning Office for review.If I can be of further assistance,please give me a call at(757)385-8545 or email at HSabo@VBgov.com. Sincerely, Amlln� Hannah Sabo Zoning Administrator,City of Virginia Beach (757)385-4621 virginiabeach.gov/planning BH Farmhouse, LLC Agenda Items 6 & 7 page 24 of 33 .gyp, x . g � 5 n k S t fFi _ J �r �r a cm� NI l���fdffivt�.e. ENT ,lift. BH Farmhouse, LLC Agenda Items 6 & 7 page 25 of 33 5 SAM, t� x i ac•_ a _ TIT- oilw'f} �a t. Rom... BH Farmhouse, LLC Agenda Items 6 & 7 page 26 of 33 PhotosSite rt R p} F Y�. 6y �+r a �• 1%; t BH Farmhouse, LLC Agenda Items 6 & 7 page 27 of 33 Disclosure Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application BH Farmhouse, LLC Is Applicant also the Owner of the subject property? Yeso Noe+ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes °e Noo If yes,name Representative: Robert P. Beaman, III, Esq.-Troutman, Pepper&Locke LLP Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the names of oll officers,directors,members,or trustees below AND businesses thot have a parent-subsidiary 1 or affiliated business entity d relationship with the applicant.(Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser.- KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O NoG-) If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, ^ O cross-collateralization,etc.) �f-^./� Real Estate Broker/Agent/Realtor v (D T _ Disclosure Statement I rev. May-2024 page 1 of 3 BH Farmhouse, LLC Agenda Items 6 & 7 page 28 of 33 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation 0 e Architect/Designer/landscape O O Architect/Land Planner Construction Contractor O e Engineer/Surveyor/Agent O 0 John Zaszewski-Timmons Group Legal Services Q Q Robert P Seaman III-Troutman Pepper Locke LLP APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the informotion provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public b y*c mittee in connection with this application. BH Farmhouse,LLC f p i t Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. z'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relotionship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Vo.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/30/2026 Marchelle L. Coleman 7/30/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 BH Farmhouse, LLC Agenda Items 6 & 7 page 29 of 33 Disclosure BH Farmhouse,LLC Applicant Disclosure List the names of all officers, directors, mernbers, or trustees, and any businesses that have a parent-subsidiary or affiliated business entity relationship with the applicant. BH Farmhouse,LLC,a Virginia limited liability company 1. Managers of BH Farmhouse,LLC; a. BWF Manager,LLC 2_ Members of BH Farm :Farmhouse,LLC a_^Attain Farmhouse Investors,LLC b. BPC Farmhouse,LLC C. The Farmhouse,LLC 3. Affiliated business entity:Bonaventure Property Company,LLC BH Farmhouse, LLC Agenda Items 6 & 7 page 30 of 33 Disclosure SECTION - s - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application The Farmhouse,LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesONoo If yes,list the names of of/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary°or affiliated business entity2 relationship with the applicant.(Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yeso Not If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Noe If es,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary,) SERVICE YES NO SERVICE PROVIDER Name entity and/or ind_i_v_i_duai Financing(mortgage,deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 O Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ:i certify that aft 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 ip connection with this application. The Farmhouse,LLC (j BY: Shauna T. Firman and Sara W.Will �/�m 03/30/2026 Property Owner Name(Print) Property Owner Signpture Date Disclosure Statement I rev. May-2024 page 3 of 3 BH Farmhouse, LLC Agenda Items 6 & 7 page 31 of 33 Disclosure The farmhouse.LLC Property Owner Disclosure List the names of all officers,directors,members,or trustees,and any businesses that have a parent-subsidiary or affiliated business entity relationship with the applicant. The Farmhouse,LLC,a Virginia limited liability company 1. Managers ofThe Farmhouse.LLC: a. Sara W.Will b. Shauna T.Firnian 2. Members of The Farmhouse,LLC: a. Sara W.Will b. Sara W.Will,as Trustee of the Sara W. Hewitt Nonexempt Trust C. J.Jeffrey Tinkhanr and Rose Ann Coker,as Trustees of the W. Breckinridge Wood 11 Nonexempt Trust d. J.Jeffrey Tinkhanr and Rose Ann Coker,as Trustees of the A.Freeman Wood Nonexempt Trust e. Anne Freeman Brooks,as Trustee of the Wood Family Trust fbo William Breckinridge Wood 11 f. Anne Freeman Brooks,as Trustee for the Wood Family Trust fbo Anne Freeman Wood 3. Affiliated business entity'BH Farmhouse,LLC BH Farmhouse, LLC Agenda Items 6 & 7 page 32 of 33 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. BH Farmhouse, LLC Agenda Items 6 & 7 page 33 of 33 pia �G R5D CI R5D R5D \ Op'G G�� R5D Q� GP G OQ. R5D t?L B.2 <� B2 o R7.5 R7.5 PIT, yw`J Q " Y om A 2 4 70� \tAoso r C` Z gROA 0►Jd LN -U cr B2 vp Opt' O Q O ® site BH Farmhouse, LLC N ® Zoning 1805 Kempsville Road 0 Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 7/14/2026 BH FARMHOUSE,LLC,a Virginia limited liability company THE FARMHOUSE,LLC,a Virginia limited liability company PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT (this "Agreement") is made as of this 301 day of March, 2026, by and between BH FARMHOUSE. LLC, a Virginia limited liability company (`BH", and to be indexed as grantor); THE FARMHOUSE. LLC, a Virginia limited liability company ("Farmhouse", and to be indexed as grantor) (BH and Farmhouse hereinafter collectively referred to as"Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Farmhouse is the current owner of that certain property located at 1805 Kempsville Road in the City of Virginia Beach, Virginia identified by GPIN Number 1455-92-2961-0000 (the "Property"),which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS,BH is the contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee,so as to change the classification of the Property from Conditional B-2 to Conditional B-4;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes,including mixed-use purposes,through zoning and other land development legislation;and WHEREAS,Grantors acknowledge that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise;and GPIN No.: 1455-92-2961-0000 Document Prepared By: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Locke LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 WHEREAS,Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee,as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS,said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantors,for themselves,their successors,assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL SITE PLAN", dated March 30, 2026, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,and which is incorporated herein by this reference. 2. When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. 3. When developed, the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL PLANTING PLAN",and dated March 30,2026(the"Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. 4. The number of multifamily residential units located on the Property,when developed,shall not exceed a total of two hundred fifty-one(251). 2 1 5. The community identification sign(s) located on the Property shall be monument-style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 6. A solid six(6)foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. 7. To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet(15') in lieu of thirty-five feet(35') required under Section 902 of the Zoning Ordinance. 8. Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property(as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property (as shown on the Concept Plan)will be made available during reasonable hours on a by-reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property,to maintain compliance with applicable codes,and to ensure the safety and security of tenants and guests. 9. The minimum setback along Kempsville Road shall be ten feet(10') in lieu of the fifteen feet(15')required under Section 283 of the Zoning Ordinance. 10. During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. 11. For a period of ten(10)years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent(7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent (100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development("AMI"),adjusted for family size. The property owner or manager shall,upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee,provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date,this Proffer#11 shall automatically terminate and be of no further force or effect. 12. BH shall make a one-time contribution to the City of Virginia Beach in the amount of One- Hundred Thousand Dollars ($100,000.00) (the "Contribution") toward pedestrian signalization along Kempsville Road,which Contribution is intended to offset potential impacts arising from the development of the Property for multifamily residential uses. The Contribution shall be made within thirty (30) days after the later to occur of(a)issuance of the first certificate of occupancy for a multifamily residential unit on the Property,or(b)delivery of written notice to the mailing address of the owner of the Property that is on file with the office of the City Real Estate Tax Assessor that applicable public facilities toward which the Contribution is to be utilized have been included in the City Capital Improvement Program. If item(b), 3 above, has not occurred prior to the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (based upon the number of units included on the site plan approved by the City of Virginia Beach), then this Proffer #12 shall terminate and be of no further effect. Whatever portion of the Contribution has not been utilized by the City in accordance with this Proffer within five(5)years after the date the Contribution is deposited with the City shall be returned to BH. 13. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate;(3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: BH Farmhouse, LLC, a Virginia limited liability company BY: BWF Manager, LLC, a Virgini n ted liability company It's rag er By: Nam . Cobb Title: Vice President IV COMMONWEALTH/STATE OF yAfriilv CITY/COUNTY OF 6t4voLj _,to-wit: The foregoing instrument was acknowledged before me this day of "10) , 20 <?(> ,by Cluis Cobb, who is personally known to me or has produced ,IA wyj as identification, in his/her capacity as Vice President of BH Farmhouse, LLC, on behalf of the company. Notary Public 1 My Commission Expires: Registration No. ,{) i [NOTARIAL SEAL/STAMP] NIIIiIINlINt1111NNIIiiIIN11NINININIIINNIIIINNIIIIIIIIINIINIINNitNN( BRtlNA VICENSSO?TO FIORENTINO _ Notary Public Commonwealth o/Virginia Registration No.00359545 My Commission Expires Aug 31,2029 i1�NlIIIIIIIIHIIINIIININNINUIINNIININiIIIII111111tIIItlliliNlllIIllNllillllifar. 5 GRANTOR: The Farmhouse, LLC, a Virg' is fi ited liability company By: .� Name: Sara W. Will Title: Manager ✓(�' By: AWE d4XV1119 Name: Shauna Firman Title: Manager COMMONWF,ALTY OF VI GINIA CITY OF ,to-wit: The foregoing instrument was acknowledged before me this� day of 20 ,t by Tra W. Will, who is personally known to me or has produced \' ��as identification,in his/her capacity as Manager of The Farmhouse, LLC, on behalf of the company. No���t3h My Commission Ex Tres: �P.•••-CO�. Registration No. •` y Q ,y i Q my [NOTARIAL SEAUSTAMP] � 7fly74� 1 ,n o a i �,� .••'O JB1-�G Sir•` COMMON`W AL H OF V GINIA ••�o o���� CITY OF Z- ( � , to-wit: The foregoing instrument was acknowledged before me thi;� ay of Y 20 by Sh una T. Firman, who is personally known to me or has produced s identification,in his/her capacity as Manager of Tlie Farmhouse, LLC, on behalf of the company. ilJ�l1� Notary Public ff ,,1l. .._ , <<► ,�u+,i�� My Commission Expires:J C�1 \ 0, Re Registration No. •• 'C �� e /ti M Min.EKpi� f (NOTARIAL SEAUSTAMP] c �o • 7�02774'4 6 ,••,o� of � EXHIBIT A Legal Description ALL THAT certain tract,piece or parcel of land, with the appurtenances thereto belonging,situate,lying and being in the City of Virginia Beach,Virginia,being more specifically bounded and described as follows,to-wit: Commencing at a point at the northwest intersection of Myers Drive and Kempsville Road; thence along the western right-of-way line of Kempsville Road S48°26'55"W a distance of 103.01 feet to a point; thence with a curve turning to the left with a radius of 1415.00 feet, an arc length of 133.68 feet, a chord bearing of S45044'32"W, and a chord length of 133.63 feet to a point; said point being the True Point and Place of Beginning; thence continuing along the western right-of-way line of Kempsville Road with a curve turning to the left with a radius of 1415.00 feet, an are length of 52.95 feet, a chord bearing of S41°57'49"W, and a chord length of 52.95 feet to a point; thence S40°53'30"W a distance of 614.60 feet to a point; thence leaving said western right-of-way of Kempsville Road N48°39'32"W a distance of 541.26 feet to a point; thence N39°36'26"E a distance of 15.50 feet to a point; thence N38°57'09"E a distance of 297.11 feet to a point on the southwestern right-of-way Iine of Luck Lane; thence along the terminus of Luck Lane N38°57'09"E a distance of 50.26 feet to a point on the northeastern right of line of Luck Lane; thence leaving said right-of-way line of Luck Lane N38°57'09"E a distance of 312.67 feet to a point; thence S47°54'15"E a distance of 565.04 feet to the True Point and Place of Beginning, containing an area of 370,849 square feet or 8.513 acres. 7 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #6 & 7 BH Farmhouse, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 6 and 7,B.H. Farmhouse, LLC. Mr. Beaman: Thank you,Mr. Chairman,Madam Vice Chair, members of the Commission. For the record, my name is Rob Beaman. I'm a local land use attorney with the Troutman Pepper Locke Law Firm here today on behalf of the applicant, B.H. Farmhouse, LLC. I'm joined by a number of members of our team, including representatives of the applicant J.P. Highland and Ben Flood. The property that's the subject of the application before you today is eight and a half acres. It's located just northeast of the intersection of Kempsville Road and Centerville Turnpike. The applicant proposes to rezone the site,which is currently zoned B-2 to B-4,to accommodate a 251- unit multifamily development. There's a historic farmhouse building on the site that would be preserved and incorporated into the development as tenant amenity space, but also as a small commercial component, similar to the coffee shop that currently operates on the property today. The farmhouse has long been owned by the Wood Family, and members of the Wood Family would remain involved in this project to continue their stewardship of this property moving forward. The project has been designed to be in accordance with the recommendations of the city plans that are applicable to the site, including the recently adopted City Comprehensive plan, the Active Transportation plan, and the SGA Master plan. One of the multifamily buildings on the property has been put up against the Kempsville Road frontage,with parking in the rear to comply with the recommendations of the SGA plan. Additionally, an 11-foot side path has been proposed along the Kempsville Road frontage, which would aid pedestrian connectivity throughout this corridor. And then the development will also provide much-needed diversification to the housing choices along this part of the city, and will include an affordability component, where 7% of the units, which is 18 units, would be reserved for folks making 100 5 or less of area median income for a period of 10 years. I also did want to note that the applicant has conducted extensive public outreach in connection with this application. They held a number of in-person meetings in proximity to the site at local schools,and also put up a website that gives the public additional information regarding this use. As a result of the feedback that was received during that process, they made a number of important changes to this application. They've expanded the outdoor amenity space around the farmhouse building by more than 45%. They've made a commitment to opening portions of the farmhouse building for use by community and neighborhood groups or gathering space and meeting space. They've repositioned the garage buildings to the north and east sides of the property to provide additional buffering. They've relocated waste and recycling facilities away from single-family homes, and they've also made significant changes to the building architecture. I do understand that at the informal session, there was a question that came up regarding pedestrian safety and. The applicant wanted the Planning Commission to know that they intend to work with staff between now and the City Council to discuss this issue with them, and if warranted, and if the city would like it, they are willing to look into installing signalization. So, with that, we certainly appreciate your consideration of this application, and our team will stand by for questions. Mr. Coston: Do we have any speakers,Madam Clerk? Clerk: Yes,we do have speakers. Mr. Coston: Okay. After the speakers. Mr. Beaman: Thank you. Clerk: Our first speaker is David Lamb, followed by Trish O'Brien. Mr.Lamb: Good afternoon, and thank you for the opportunity to speak. I'm speaking in support of the development. Mr. Coston: Could you please give us your name first? Mr. Lamb: Sorry, my name is David Lamb. I'm a resident of Lake Christopher, which is about half a mile from the proposed site,and I'm here to speak in support of the development. The reason I'm speaking in support of development is because who is developing the property? Being from Lake Christopher, I don't know if you know the ancient history of Lake Christopher. We had a farm behind Lake Christopher, and it got developed by a company that brought in duplexes and multifamily homes. And the developer matters when these things happen. When Lake Christopher got, the area behind Lake Christopher got developed, we had a company come in. That was very similar to what you see in this drawing, where they moved all the houses into the middle. They gave us buffer areas and stuff, And similar to what's happening here, the local community kind of like,oh,we don't want,you know,this extra thing built into our neighborhood, and so they,you know,rose up against it and tried to get it, and we lost that developer. Two years later, that developer that was going to build the buffer zones around it and stuff got replaced by another developer who came in with a higher density plan and got approved. And now, instead of having, for my house, 100 feet to the closest dwelling to my house, I have, I have. Duplex is thirty feet from my house, so when they turn on their bathroom light, I can basically read a book by their bathroom light at night,which is good for my electricity bill, but kind of bad for, like everything else. This developer took into consideration, oh, excuse me, took into consideration the,you know, the people that they met with, and redesigned what they were going to do,And,actually took away twenty-five apartments. To make the buffer zone so that the people around it wouldn't be as affected by the development. So, developers matter. That's the reason I'm speaking in support, because I think this developer has made a plan that will do what's best for that property. I know there's some opposition saying, "Hey, well, you don't really need apartments in here." If you look at Virginia Beach, you're at about 95%occupancy of apartments. So,really, an apartment complex. Pretty much is needed in Virginia Beach. The money that it will generate, the taxes that it will generate, the businesses across the street,which I'm sure are pretty happy to hear,250 families are going to be moving into their area. They're going to be pretty happy. I realize there are going to be things that we grow, but we don't let nice pieces of Virginia Beach just sit. So, it's going to get developed. So, who develops it matters. Thank you very much for your time. Mr. Coston: Thank you, sir. Were there any questions for our speaker? Clerk: Our next speaker is Trish O'Brien, followed by Shania White. Ms. O'Brien: Good afternoon. My name is Trish O'Brien. I am the CEO of CHIP of South Hampton Roads, which is the children's health investment Program. CHIP serves about 4,000 square miles of Virginia,working with low-income families with young children,making sure that everybody's getting a healthy start in life. They're ready for school,and that we're moving families towards self-sufficiency. And I'm here today,which I don't usually do this. So, I'm here today to really talk about the developer, because, with Bonaventure, we have found an incredible corporate partner. Not only are they have made a generous donation to our capital campaign,but they've done things that I don't hear a lot of corporations do. They've sponsored job fairs where a lot of our families have been able to find employment. Just overall, they have been not only concerned about the infrastructure of the physical place, but the human infrastructure for Virginia Beach. They are very supportive of what this community needs and their design. I've had the privilege of touring one of their, one of their properties. It's thoughtful. It enhances the area. Does not take anything away. And again, it is they're developing for a community, not just for profit. And that's what I have to say. Thank you. Mr. Coston: Thank you. Clerk: Our next speaker is Shania White, followed by Linda Cruciano. Ms. White: Good afternoon. My name is Shania White, and I am a resident of one of Bonaventure's property, Infinity at Centerville. I have been for over 3 years. My children, my husband is active duty military, and I specifically sought out this area and this specific property. Because of the schools in the area and the overall community, I am in support of this project because it will allow individuals, seniors, families like mine, to come to the area. And add not only to the economic growth, but as well as what was proposed, is keeping the farmhouse,which I like to enjoy myself when I go there and have my morning coffee. So, I don't know if there's much else that I can add to that. Besides that, I have also, as a military wife,taken advantage of the properties—not the property, but Bonaventure's career Fair—and I have had success in doing so. So. I think it would be a great,great addition to our area,and I plan on staying in the area, so that helps out as well. Clerk: Our next speaker is Linda Cruciano, followed by Mia Douglas. Ms. Cruciano: Hello, everyone. My name is Linda Cruciano. I'm with the Lake James Homeowners Association, and I'm actually here on behalf of Peggy Sampson, who is our environmental committee chair for the HOA,who was unable to attend, and so I volunteered to be here to be able to ask this question. The Lake James Homeowners Association and our whole community, which is probably maybe. A mile and a half away from where the farmhouse is,but an area,of course,that affects that whole air, that whole area,just because of the possibility of lots and lots of different, a lot of additional traffic and so forth. But anyway, but our question for y'all today is:what type of stormwater plan or management do the developers intend to implement? Ms. Hippen: So, I can, I can answer that. So I am, I am your, I am your district person commissioner. We asked the question because the question was posed at a couple of the events that that Bon Venture had, as well as our, excuse me, I'm tongue tied and that doesn't usually happen. As well as our informal session, the property will drain into Stumpy Lake. It will not drain into Lake Christopher or Lake James. Ms. Cruciano: Okay. So, so is it going to be? I mean, it's going to drain directly without any type of plan, you know, to be able to filter that water because Stumpy Lake eventually goes by Lake James. Ms. Hippen: Correct. Correct. They will have to do a stormwaterplan that will come later in the process,but it will drain to Stumpy Lake. Ms. Cruciano: Can our environmental committee have input on that when that time comes up? Could you directly relate to our committee so we know exactly what the plan is? Ms. Hippen: Staff needs to answer that question. Ms. Cruciano: Pardon? Ms. Hippen: Staff behind you needs to answer that question,please. Staff: Good afternoon. The project currently conceptualizes underground detention system, which will retain, hold, and help treat the water before it's discharged offsite. Whenever the site plans come in, if we have a contact for your organization, we can send you copies of the plan. There's not necessarily input that you can provide, but you can certainly see all of the documents and see our comments and engage with our engineering staff. Ms. Cruciano: We just want to have the ability to be able to have a voice in all of this as well. Ms. Hippen: Thank you. Ms. Cruciano: Thank you for your time. Clerk: Our next speaker is Mia Douglas, followed by Samantha Roquin. Ms. Douglas: Hello, my name is Mia Douglas. I am here to respectfully express my strong opposition to the proposed 4-story apartment complex planned for the Woods Farmhouse property. This development is not compatible with the character, scale, or needs of our surrounding community. Our neighborhood is made up primarily of single-family homes, and residents have chosen to live here because of that established residential character. Placing a 4-story apartment building directly behind one- and two-story private homes would significantly affect privacy, views,property values, and overall quality of life for existing homeowners. This proposal would create an undue burden on many families who have invested in this community. There are five residential communities in the immediate area, and residents are already deeply concerned about daily traffic conditions. The intersection of Kempsville Road and Centerville Turnpike has already been identified as congested, and adding more than 250 apartments, many with one or with two or more vehicles. Would place additional strain on an already difficult and potentially unsafe roadway. School capacity is another serious concern. Our local schools are already overcrowded, and the surrounding area is experiencing significant pressure from population growth, traffic volume, and student enrollment. At this time, our community cannot safely or responsibly absorb additional high-density housing without further impacting essential services and infrastructure. This proposal is especially concerning, given that more than 320 additional apartments are already scheduled to be built. Approximately 3 miles away,at Kemp's Crossing,that nearby intersection is also known for traffic concerns and accidents. Approving another large apartment development in such close proximity would compound existing challenges rather than address them responsibly. We do not have the infrastructure to support this rapid growth. We are the most populated section of Virginia Beach, and additional housing and families will add additional burden on our police, fire, and rescue services. We are also concerned, as statistics show,high-density housing. Shows higher crime rates if these apartments are allowed. We will have just over 2,500 apartments within 3 miles of us, and for those reasons, I urge the planning committee to deny. Ms. Hippen: Did we talk at any of the any of the information sessions? Ms. Douglas: You and I? Ms. Hippen: Yes. Did you see me at any of those? Ms. Douglas: No, I haven't. I haven't been. I was just recently appointed vice president of my civic league, so I'm getting more involved in the community myself. Ms. Hippen: Which Civic league? Ms. Douglas: Brandon. Ms. Hippen: Brandon. Okay, I live in Alexandria. Ms. Hippen: Okay, so, we're kind of neighbors. I just want to correct something that you said Kempsville and Centerville,you've got apartment complexes,the Avon Apartments. You've also got the Tallwood Apartments next to Tallwood Elementary. At the intersection of Centerville and Lynnhaven, you have Magnolia Run, Magnolia Chase, Infinity, and the Cascades. So, there are apartment complexes in that area. Now, I'm not speaking for or against, I'm just letting you know what's in the area, especially if you're new to the area. Ms. Douglas: I've lived here for. I've lived in Virginia Beach my whole life, but I'm here, I've lived in this neighborhood for 6 years, so I'm aware that there are apartments there. Ms. Hippen: Okay,when I moved in in 1997 into that house, I previously lived in the Glenwood area, which is also District 7. Independence did not connect to South, independence did not connect to Indian River, and all of those apartment complexes that I just told you were trees,just _ to let you know, and the same,the same company that's building this one or proposed to build this one, is who built Magnolia Ranch,Magnolia Chase, Cascades,and Infinity? Mr. Mauch: I just want to clarify. I think from what I heard that your concerns were traffic, schools,privacy, and overall safety. Did I miss anything? Ms. Douglas: That's pretty much everything. Mr. Mauch: Okay, wonderful. And the reason I ask that is because I have quite a few listed of concerns that this commission has brought up and asked a lot about. So hopefully you'll be able to hear some of those concerns, whether they answer, you know, are answered properly enough for you. But some concerns we have talked about in the informal as well as at the site visit. So hopefully you'll be able to get a little bit of more information through this process. Mr. Coston: Commissioner Camp. Mr. Camp: Yes, ma'am. Thank you for coming forward today and speaking with us. Are you aware of the scheduled improvements to Centerville turnpike between Kempsville and Indian River? Do you know what I'm talking about? Ms. Douglas: No. Could you tell me more about that,please? Mr. Camp: Well,what I'm going to do is reference you to a web page on the city. It's Centerville Turnpike Phase II, and that is a much long-awaited project that will expand the road to 4 lanes, instead of the current 2 lanes from Kempsville all the way up past Regent to Indian River, now that won't solve all the problems in that area, but it's going to go under construction early next year. It's coming fairly soon, and so I just wanted to bring that to your attention. I personally believe, as I evaluated this, that that project will,help that area greatly. It's long overdue, but as I said, it won't solve all the issues. I just want to make sure that you're aware about it. Ms. Douglas: Thank you so much. I appreciate that. Mr. Coston: Any further questions? Thank you. Clerk: Our next speaker, Samantha Roquin, followed by Kathleen Weinmiller. Ms. Roquin: Good afternoon, Chair, Vice Chair, and Commissioners. My name is Samantha Roquin, and I'm the president of the Charlestown Area Civic League. I'm also the leader for the Kempsville Coalition,which is a group of us who have come together for this. That includes my neighborhood, Charlestown, Lake South, Brigadoon, and Brandon. I do. I am aware of that proposal,and I agree that it will help to a small extent. But we also have Regent. University that's expanding. So, as we expand roads, we're expanding people that are going to be on it from that. So that came long before this project. As far as my topic, let me start off by saying that. We understand the overall need for developments, and the developer themselves are not what's in question with us. It's the infrastructure concerns. In fact,most of us actually wouldn't be here today and have a dog in this fight. If the Woods family hadn't sold some off of their land back off in the 70s. Most of our homes sit on some of the original 500 acres, but developers like Bonaventure have continued to develop raw land and build apartment buildings around us,And we have all sat back and watched it happen. And you have not heard from us as a Civic League or a coalition since the connection of Lynnhaven and Volvo. You may have heard from individual residents,but not from us as a whole. However,this proposed development not only has serious implications to the Brandon neighborhood, but to the overall Kempsville and Centerville community. In fact,per our online petition, 6,556 people have signed, stating their concerns, disapprovals, and reservations to the building apartments as well. In addition to our serious concerns with traffic and school capacity limits, which are coming next, and also the additional strain on our local emergency services,we also have strong concerns about the negative impact that it will have on our wildlife and our environment. Raw land supports a diverse array of insects,pollinators. A plant and wildlife clearing,it forces these species out and breaks the natural food web.According to the IPAC,the U.S. Fish and Wildlife Service Environmental Review System,When we focused in on the 8 acres that is the remainder of the woods property, this would remove crucial habitats from the northern long-eared bat,which is now an endangered species. It would also endanger the tri-color bat, which is currently at risk of being an endangered species. There is also currently habitat there for the monarch butterfly. That is a proposed threat level, and the bald eagle,which we all know, is extremely vulnerable, along with an array of birds. Furthermore, destroying raw land continues to cause several major setbacks to the environment. It will degrade complex ecosystems,destroy delicate soil microbiome,cause severe erosion,disrupt vital water cycles,and it will release trapped carbon into the atmosphere. When you break up raw land, it breaks up natural root networks and fungal communities. This kills the living soil microbiome, which is essential for nutrient cycling and disease resistance. Additionally, without deep root systems and natural ground cover, the ground loses its ability to absorb and filter rainwater efficiently. Therefore, severely impacting local watersheds. All of this would be in addition to the already 31 acres that is being cleared out at Regent University, less than 2 miles down the road. My grandfather used to say, "Buy more land because it's the only thing they're not making any more of." And he was completely correct. I mean, you guys have heard about some bear sightings recently,right? As we take a moment,we have to fully comprehend the domino effect that all of this will have on every category of our local infrastructure. And lastly, residents that live in the Brandon neighborhood, especially those homes that back up to the farmhouse property, will now face walking out their backyard and possibly staring at a 4-story apartment complex. They did not purchase those homes, knowing that their privacy was at risk. They now also face the possibility of light and noise pollution, as well as potentially dealing with the excess rainwater flooding their yards, system or no system. On behalf of the Charlestown Area Civic League and the collective neighborhoods in our Kempsville area and the local businesses at Wood's Corner that actually do not support this,I urge you to please take our concerns into consideration. Mr. Coston: Commissioner Camp. Mr. Camp: Thank you for coming before us today. I represent District 1, Kempsville, and Ms. Hippen represents District 7. And the group that you, if I understood right, are speaking for, sort of straddles our districts,Brigadoons is in my district,for example. I've never had the opportunity to talk with you all or hear from you all, and I would like to. I'm sure that this is not the only thing that you have concerns about in our area, and so I hope you will contact me at some point after this meeting. Don't text me during the meeting; I'm trying to pay attention. But seriously, I do want to engage with you as part of my constituent group. I also want to share with you a bit of the challenge we have when looking at one of these applications. Not long ago, I was sitting out there, and I would think, "Gee, I don't like certain things about an application. They should vote no." But what I hadn't really taken into consideration was,what can the landowner do without even coming here? What's called by right. What can they do without going to City Council for any approval or the Planning commission? In this case, the property is already zoned B two, commercial business. If they hadn't proposed what they're proposing here, then they could go ahead and put a business development on it, and that business development, according to the traffic study we received, would generate nineteen hundred more daily car trips per day than what they are proposing. Now that doesn't mean I love what they're proposing, but I have to weigh it against. What else could happen—not just up or down by itself, as if nothing else would happen. And I just want to share that with you as one of the challenges we have in what to do with these applications before us. Ms.Roquin: When I held my last community meeting,in which we invited the Broad Community or the Kempsville area, and I explained that to them as well, that it was, you know, which way would we rather go, and the overall community voted no to the apartment complex. I think the height was some of the main concerns, on top of all of the other things. If we were, if we were stuck with an apartment complex,we couldn't, couldn't battle it. The height was a big deal. We offered other solutions and have been trying to get with the Woods family directly to offer even more. We know that land can't sit there and not make money. That's we get that. S,o we've tried to come up with alternative routes. There's nothing that's going to make them more money than apartment complex. We know that. We're just trying to do our best to protect our neighborhoods and the historical charm that we have in Kempsville. Mr. Camp: Well, I thank you for that. You heard in my introduction that the historical aspect is important. I'm a founding member of the historic Kempsville Coalition, so thank you very much for coming to speak and expressing all these concerns on behalf of the larger community. They are taken seriously. Ms. Roquin: Thank you. Ms.Hippen: Are you the one that called me when I was in the shower yesterday? Ms. Roquin: Yes. Ms. Hippen: Okay. All right. Okay. I'm going to make sure to put the face to it. Okay. So, so I will be asking a few questions after all the speakers speak. Refresh my memory, did you come to any of the sessions? Ms. Roquin: I came to all of them. Ms. Hippen: Okay. So, we were at all of them. I hear you loud and clear. I remember when, like I said, earlier,when the Cascades was the first one that came in at Centerville and Lynnhaven, and then Magnolia Chase, then Magnolia Run, and Infinity. So, I hear you loud and clear as to what's going on. There are some questions that came out of our discussion yesterday, as well as are coming out today, that I'll be asking the applicant. So, rest assured, and please listen to what they have to say. Ms. Roquin: I will do that. Ms. Hippen: All right. Thanks. Ms. Roquin: Thank you. Mr. Coston: Any other questions? You may be seated. Clerk: Our next speaker is Kathleen Weinmiller, followed by Caitlin Trist. Ms. Weinmiller: Good afternoon, Chairman, and members of the Virginia Beach Planning Commission. I'm here today to express my strong opposition. Mr. Coston: To give us your name,please. Ms.Weinmiller: I'm sorry,Kathleen Weinmiller. I'm here today to express my strong opposition to the conditional rezoning and subdivision variance applications submitted by the Farmhouse, LLC for the property located at 1805 Kempsville Road. A lot of the reasons that I have written on my paper, honestly, have been covered by the people who have spoken previous to me. But I did want to call the severe traffic congestion up to the board again. I don't know how many of you come to our area frequently,But at high traffic times, it will back up onto the highway from that Kempsville,I'm sorry,Centerville and Kempsville intersection. It will back up to the highway, causing back up on the highway. So that creates a interesting challenge for those of us trying to get home in the afternoon from work. Adding an additional 250 apartment units and all of that traffic to that intersection is going to be a challenge. I did hear what you said that we're going to be doing an upgrade to Centerville, but that's going to be coming. It sounds like a little bit later than we're talking about here. And we have Regent University, which is doing an expansion as well. So I understand what you're saying. We got to kind of weigh left and right. I am one of the houses that would be immediately impacted by this apartment complex. They will literally be able to look into my backyard and see if I'm having a barbecue. So I did have a couple of questions,particularly regarding the flooding and stormwater handling. As you guys know, I think most people have been in Virginia Beach for a while. I'm guessing. Back in 2016,we received 14 inches of rain over 2 days,which caused flooding for a large part of the city. Our neighborhood was included in that. Thankfully, it was limited to the roads at that point in time,and it did not impact the houses. What is the impact of this project going to be when Virginia Beach gets 14 inches of rain again? To the neighborhood, to the people who live right there. The other question that I have is: will I heard that? You say? It's going to drain to Stumpy Lake, so it will have a new stormwater system, entirely new? Again, amateurs built the ark, and professionals built the Titanic. Just want to leave you guys with that thought. Thank you. That's true. Did you guys have any questions? Mr. Coston: Mr. Camp? Mr. Camp: Ma'am, again,thank you for coming forward. As another way of reemphasizing my understanding of the transportation problem down there, I want to ask, were you aware that Centerville Turnpike Phase III was canceled and taken completely out of the city's CIP? Ms.Weinmiller: No,but I was aware of Phase II. Mr. Camp: Yeah, Phase II goes north. Phase III would have gone south all the way to the Chesapeake border, and that long-awaited project did not get, it earned a grant, but it did not get fully funded by council. And then, over the last two years,it was completely taken out of the city's plans. I agree with you. That's a problem. I wish that hadn't happened. I would just urge you to speak to your council representatives. And these days,under the 10-1,you got to talk to them all because you need six to pass anything. About these concerns that our roadways on the western suburbs of this city are older;they're more heavily loaded with dense neighborhoods, and we need those road improvements. Ms. Weinmiller: We do. Thank you. Ms. Hippen: So, I live on the part off of the part of Centerville that they're not going to extend. Okay, and in fact, I drove yesterday during and after the storm. Okay, and I know of what you speak of the puddling. Mayor Bobby Dyer can tell you that we have been discussing. He and I have been discussing widening Centerville since he was our councilman. I can tell you that our current councilman is watching this session right now. I just spoke to him yesterday, and he is very concerned about the questions. He, he was also at all of the information sessions and a few other things, so he is very, very involved with this, talking with the applicant and so on, and so forth, and listening to citizens. I have been at all of the information sessions as well. Yes, Centerville is a problem. Okay, fortunately, I'm retired. Okay, but it gets me periodically. A lot of traffic does go through Regent University. When they came to talk about their plan, I let them know. Yep, I'm guilty of that,too. So, I know of what you speak, and that is something that that I have been talking to city council members all along. Since Mayor Bobby Dyer was our councilman,okay, so that is something that is. I'm not quitting because I don't, and I can tell you,and Commissioner Camp can tell you that. I have also been complaining about making sure that the bike lanes are clear. Because my 17- year-old nephew lives with me, and one of the things that I was concerned about was the kids riding back and forth on Centerville. There are bike lanes. Well, you're gonna clean them off. They've been cleaned recently,okay. But I hear you loud and clear,and listen to my questions and listen to their answers, and let's see where we are. Ms.Weinmiller: Thank you very much. Ms.Hippen: All right. Ms. Weinmiller: Any other questions? Ms. Hippen: Thank you. Ms.Weinmiller: Thank you. Clerk: Our next speaker is Caitlin Trist, followed by Robert Ryan. Ms.Trist: Good afternoon, everyone. I'm Caitlin, Trist. Thank you so much for this opportunity to speak. I live directly behind Back Bay Farmhouse, and I have several concerns regarding this proposal, rezoning this property from Conditional B two to the Conditional B-4 mixed use. I understand that Virginia Beach needs to grow, but my concern is whether this proposal represents the right development. In the right scale,in the right location,the proposed rezoning would replace a relatively low-intensity commercial property with 251 apartments. And I know that a lot of the other folks have spoken about the traffic and the community impact, and I wanted to call out, in addition to those concerns, which sit with me as well, the parking situation. I saw on the report that the city approved a reduction from the required 463 spaces to reduce to 388. Based on the assumptions that residents will rely on public transit,walking, and bicycling, This is less than two parking spaces per unit and does not account for visitor parking or the commercial space that will be on the property. I'm asking whether there is evidence that this reflects the actual travel patterns of Virginia Beach apartment residents,and what measures are in place if the parking demands exceed what is listed. I believe that overflow parking would directly impact. The neighborhoods behind Farmhouse. These residents rely heavily on street parking, and it's already incredibly limited. In addition to my parking concerns,I also do have those concerns about traffic and community. I understand that council has many competing priorities, but I'm asking if the council could reconsider deferring this application. Until traffic and parking analyses are further evaluated, and additional consideration has been given to compatibility with the surrounding neighborhoods. Ms. Hippen: Hi there. Hi. So,you must live on Dylan. Ms. Trist: I,yeah, I live on Dylan. Ms. Hippen: Okay. Okay, I know where you are. So, you know, they're going to close Luck Lane. There will not be any, and I know that's a problem for you guys. So Luck Lane will not have access anymore. You brought up one of the questions that I have for them. Let's listen to what their solutions are,and let's go from that. Now we're not city council;we're a recommending body. We're planning. We only recommend. We don't even get paid. Okay, we got a sandwich and a bottle of water. Ms. Trist: I'm so sorry. The orange sign, said council. I'm so sorry about that. Ms.Hippen: They just let us borrow this place. At any rate,whatever decision comes out of here will go to City Council next month, and you can look on Planning Commission. They've got the website for us. You can also look on the city council website to see when it's going to come to them. They will have the final decision. So, I just,you know. You knew it this,too,right? Ms. Hippen: Thank you. Clerk: Our next speaker is Robert Ryan, followed by Harold Millet. Mr. Ryan: Good afternoon. My name is Robert Ryan, and I'm speaking in opposition to this project. I currently live at Dylan Drive. I've lived therefor 34 years. This project will directly affect myself and like neighbors. Our neighborhood is defined, majority of single-family homes, 1 and 2 stories. The commercial structures in this general area are also 1 and 2 stories. Inserting a 4-story complex. On this size property, will directly with the scale be way out of scale and for the property and the surrounding area. And I recognize the need for growth, but it needs to be done properly. And it needs to match the area that it's in. A 4-story complex is going to directly affect everybody. Not only the people on Dylan Drive, the people across the street, in the other neighborhoods across Kempsville. It's gonna. Excuse me. It's going to put a significant strain and impact on our lives, our reasonable expectations for privacy, our reasonable expectations for a quality of life, our safety,and our security of our neighborhood and our families. If the applicants do wish to develop here. They need to rescale back in size, in the height, and the amount of apartments to directly correlate with the rest of the area. Thank you very much. Mr. Coston: Thank you. You may be seated. Clerk: Our final speaker is Harold Millet. Mr. Millet: Good afternoon. My name is Harold Millet. I go by Harry. Retired Senior Chief, United States Navy. What everybody's been talking about here—it's it, it's already here. I'm passing out pamphlets that my wife Rose put together, hours of research to show you that this building doesn't belong there. We are a community of single-family houses, in here for 20-some- odd years. As far as I understand, the money flow, family legacy, but they also have a responsibility to maintain the area that they sold us. But,you know,we got over 7,000 single-family homes here,and other things that we hear is about apartments,you know,people,you know, but we have, my God, 225 apartments. I mean, it's just astounding. And what Mr. Camp brought up about the widening of Centerville—we've been a part of this, and all of a sudden, about a year ago, we found out that it was canceled. Didn't come to us about it;just went ahead and canceled it. This apartment complex is just going to compound things. Our schools, they're at max capacity. So again, you know, the previous speakers have spoken the words. Now it's time to make it happen. Help us. Thank you. Ms. Hippen: Good afternoon, shipmate. Don't go away yet. You wanted him even number chiefs. Wait a minute. Come on back. Hold on. You wanted them even number chiefs, and we got to watch out for you. So,your wife did very,very good. Thank you for this information. Did you go to any of the information sessions? Mr. Millet: I don't. I attended a few. I just listen. That's all I do. Ms. Hippen: Okay. All right. Okay. I'm going to ask a few questions. I am the planning commissioner for the district that we live in,and I am a frequent traveler of that area. My nephew and his wife used to live on Myers Court, so I know the area extremely well, and I live down by Centerville, so this is my stomping grounds as well. And like I said, I will have some questions. Mr. Millet: I started out in the Alexandria neighborhood, moved over to Charles Towne Lake South. Got a single-family home, no stairs. That's life. That's what, that's what we chose. We served. We retire. Ms. Hippen: I hear you. Well, unfortunately, I went the other way. I went from a from a ranch to a two-story house. So, I hear you loud and clear, shipmate. And I'm going to ask some questions, and please, because there's some answers, and they know I'm going to ask questions, too. Mr. Millet: I hope so. Ms. Hippen: Okay, so thank you for your time. I appreciate you, shipmate. Great. Clerk: That was our final speaker, and if I can make a recommendation to the commission to refresh your screens,just in case the voting action is timed out. Ms.Hippen: So, are they coming back up? The applicant? You know, I got questions. Mr. Beeman: Yes,ma'am. Ms. Hippen: Every time you come. So, some of these questions came from letters that we got. Some of them, I just wrote down as people were talking. Ms.Alcock: Excuse me. Yeah. Generally, if you have time to do the rebuttal and then questions. Mr.Beaman: Oh, I'll withhold the rebuttal and answer questions if that's okay. Ms. Hippen: Thank you. Okay, so the questions came in about drainage, okay, and the stormwater plan. Now, in the informal session, we were told that this will not drain into Lake Christopher or Lake James;that it will drain to Stumpy Lake. But as one of the people that came up and spoke stated, and hers was a question. She said, "Well, Stumpy Lake goes right past. So, can you help us out there? Because I do know,because,you know,I live over there. So I do know what kind of drainage problems there are. Mr. Beaman: Absolutely. I think the most important thing from a drainage perspective is that this redevelopment will be subject to the current regulations,the state and local regulations,which are much stricter than the regulations in years past." And require the water from the site to be taken into the site, stored,treated. We're going to have an underground facility. I believe it was mentioned by one of the commissioners, an underground facility. And then, only after it's been stored and treated,will it be discharged into the public system across Kempsville Road into there's an existing canal system. But even the rates and the volumes of water that are discharged are heavily regulated by the state as well. So, it's not just being dumped into the system. The system is extra water. It's being held and released at a timely manner,but all that's heavily regulated. Ms. Hippen: Okay, all right. So, you've got a reduced amount of parking. This, this was something that was hit. And according to what we've been briefed on about parking,and this came last month. We were just briefed about parking and bus stops. But normally, when you have a reduction in parking,you have a covered bus stop. Now I know there is a bus stop on each side of Kempsville near that property, and I'm sure they put it there because the brewery was there, because it wasn't there before the brewery. So, is there some coordination or some plan to cover those bus stops to bring you in line with the current state law? Mr. Beaman: Yeah, and you're absolutely right. I think that was one of the big impetus of approving a reduced parking ratio is that there is excellent service by existing HRT routes that come up and down the street each day. Whether or not the bus stop is covered or remains uncovered hasn't come up in our discussions with staff so far. But certainly, we're happy to have that conversation with staff and do what we need to do to comply with the law. Ms. Hippen: Okay, because our briefing stated that it has to be covered. That is for a covered spot,and the only covered spots that I know of are way down Indian River,where it intersects with I-64. Crosswalk study. So that what you're proposing to do is right across the street from a lot of stuff. There's a Walmart, and I'm just going to mention a few. There's a Walmart neighborhood. There's a Food Lion. There's a McDonald's. There's a Seventeen Hands Coffee & Ice Cream Shop. There's a gym around the corner from all of that. You go around and there's restaurants, wing Place. Three Amigos. I told you I lived there, so we know that people are not going to walk from where that property is all the way down to Centerville and Kempsville across the street. Have you done a study, or have you spoken with the city about a study for a crosswalk? Mr. Beaman: We have. I actually spoke with Rick Lowman, the city's traffic engineer, today about this issue. I understand it came up in the informal session, and also had a chance to speak with my client about it. We are going to meet with the city and discuss what type of signalization is warranted at this location, you know, directly across from our entrance, and if signalization needs to be added based on warrants and what the city would like to see at that intersection, but yes, that's a conversation we've already started. Ms. Hippen: Okay, let me see. So, one of the things that came up at our site visit, and you were a site visit,was you've got a lot of mature trees there, and the site plan does show that you're going to have trees. Talk to me about canopy cover,please. Mr. Beaman: So, we've done two things in the proffer agreement for tree planting and preservation. The first is we proffered a landscape plan,and we've submitted a separate landscape plan in addition to the site plan that shows all the tree plantings that we're going to make, which meter exceed code standards. It's a lot of trees. I believe it may be 166 trees is a figure I got from our engineer. But in addition to that,we've proffered that we're going to work with the city during site plan review to identify tree save areas around the perimeter of the property that we can incorporate into our landscape plan, it's great to save existing mature vegetation. We believe there are trees that can be saved, and we're going to work to see the feasibility and preserve as many as we can during the site plan process. Ms. Hippen: Okay, because that will help mitigate stormwater runoff and a lot of things, Mr. Beaman: Viewsheds, and everything. It's been a great thing for us and the community to save trees. Ms.Hippen: Okay,talk to me about the distance. Now,talk to me about Luck Lane. Luck Lane comes out from the back of the property, and it intersects Dylan Drive. And I know, for a fact, that people that now use that property for functions that they have for the brewery and so on, and so forth. Some of them park over there where McDonald's and Walmart are, and walk across the street,and some of them park on Luck Lane. Along these people's houses that live on Dylan Drive and are disrespectful to these people. Can you talk to me about Luck Lane? Mr. Beaman: Sure. We heard that same comment over and over during the public outreach. We had those meetings, and I was at those meetings, manning one of the stations, and we heard that that same concern over and over. As a result of that,we are proposing to completely shut off Luck Lane to put fencing and landscaping, not have any sort of pedestrian or vehicular access through Luck Lane,so there'll be no opportunity for folks to park back in the neighborhood and then access the site by foot or by car. Ms.Hippen: Okay. I've also heard both at sessions and today about the lack of privacy because there are going to be 4-story buildings. So, you've got two cul-de-sacs off of Myers Drive, and then you've got the homes that butt up against Dylan Drive on Dylan Drive, How far are the apartment complexes from those homes? How are you going to mitigate disturbing their privacy? Because I do understand exactly what they're talking about. Mr.Beaman: Sure, and I understand that concern as well. And what you'll see with the site plan is that second building, we call it the Donut shape building, has been strategically placed in the middle of the property to be as far away from the property lines on both the northern side and the eastern side as possible. The single-family homes abut this property on the north and on the east, and so we've tried to pull that building as central as possible. So, it's not up against one of the one of the property lines. Additionally, one of the other things we did during the process, as a result of some of the public feedback, and to address this concern, two things. One is to move the garages. Those garages on the exterior of the property were more evenly dispersed around the property. Before we've. Concentrated those along the northern and eastern property lines to provide even more buffering. In addition to the landscaping that we're going to plant along those two,there's a 15-foot landscape buffer along those edges. And then the second thing is, is the tree save. We've we proffered to work with the city staff to save mature trees. Of course,mature trees are already large and provide more immediate buffering. So,we'll look for opportunities to do that as well. Ms. Hippen: Okay. Where are the garbage cans? The garbage, because the first drawing that I saw had them back against the properties that border Dylan and also the cul-de-sacs that border Myers Drive. Mr. Beaman: Yeah, the initial version of the plan the initial version that we actually shared at the first public meeting—had the dumpster location in the top left corner. If we're looking at the Plan view, it was actually—you know,—we spoke with some people, and one of the ladies who lives right there asked if we could relocate that. There were some other requests to relocate that as well, and we have—we've relocated it up towards the front of the property along that same property line. That's the property line farthest away from all of the residential. The residential is on the northern end,the eastern end. This is more in the southwest corner. Ms. Hippen: Actually, I was one of the ones that asked that, but I don't see where they went. That's why I asked the question. That's right. Because that's one of,there's two of us up here that think about that. Because we've lived in apartments, too, and we've lived near apartments. Mr. Beaman: Sure. Ms. Hippen: I think that's all I have for right now. Mr. Beeman: Yes,ma'am. Ms. Hippen: Hopefully, I got everything that folks were asking about. Mr. Coston: Commissioner Camp. Mr. Camp: Yes, thank you, Attorney Beaman. Thank you again for coming up and answering questions. You and I spoke informally about my concerns with the placement of the—I'll call it the—well,they're both rectangles. The one closer to Kempsville Road and the setback. There are currently existing trees there shading that walkway. The Strategic Growth Plan for Centerville shows trees in that area. Can you speak a little bit here on the record about what might be possible to either keep or restore shade there? Mr. Beaman: Sure, Mr. Camp, after our conversation earlier today, I've already spoken with my client about this issue. We are a little bit constrained in this part of the property because of the additional roadway dedication and because of the expansion of the sidewalk to 11 feet. And so, for that reason, you know, there's not a lot of room to work with there. But what we are committed to doing is looking, you know,both between now and council, and also during the site plan approval process, to see if there are ways to move the building back a little bit to condense the area and have additional room for tree plantings. And there may be existing room for tree plantings as well. We're already showing plantings on our landscape plan,but certainly want to look for opportunities to include trees. It'll help not only for the shade of the walkway, but aesthetically for the project as well. We want to build the best project we can, so we're looking for opportunities to plant trees along that frontage as well. Mr. Camp: So, I like to be consistent, but I'm going to be surprising here, as everyone knows, I am an advocate for all of our bike,ped, and mobility needs. However,that should not come at the destruction, in my viewpoint,of necessary tree canopy. They are two things that we need to weigh together, and they are both desirable to have a community to live,work,and play in that is of high quality. From my perspective, if you narrowed the sidewalk, and I know, I argue for 11 feet at every one of these other things, but that enabled you to keep trees there that would cast shade in this area and screen this, that would be a better balance for me than adding the extra foot of sidewalk and not having the tree canopy. I am just one opinion of I I here, but since some of the person is always pushing this, I want you to know where I stand. Mr. Beaman: I appreciate that. Mr. Camp: Number two, I join in Commissioner Hippen with the concern about the crossing there. Human beings are going to go to attractive places. If you live here and stores are across the street, you're going to try to get there, and you're not going to go all 800 feet each direction over to the crosswalk. It's particularly concerning to me because this is within the non-transportation zone for some of our schools, meaning that some of the children who live here at certain grades are going to be walking to school. It's great that from a young age, they will become accustomed to being pedestrians. That's a healthier lifestyle. That's something we're trying to encourage. But when you begin to become a pedestrian,but you still have youthful judgment,and those things that attract you across the street, at the shopping center seem to just be a little bit away, I think there's a high potential for the kind of things we don't want to see happen there. If I understood your comments,right,you mentioned discussing with traffic engineering about the requirements, what we call warrants, for having a crossing there, and I believe you said, if it was required,you would look at doing,that with your client. But what if it's not required, but two out of the five warrants are there? Talk to us about how you feel. Mr. Beaman: Sure. What I meant by warranted is whether traffic engineering wants something there. I mean, we need to have a conversation about what the need is, but also how that would impact traffic patterns and so forth. I've also already had a brief discussion with Mr.Lohman, but certainly, you know, if that's something the city wants, that's something that we're, we're willing to do. Mr. Camp: Which would be averse to a condition being added to this application, asking that you conduct that crossing study. Mr.Beaman: Yeah,we're happy to do that. What I'd prefer to do is work on that language with staff between now and City Council, but we're certainly happy to do that. Mr. Camp: So,you can't make a proffer here on the fly, right? That is not permitted. Mr. Beaman: That's right. That's correct. Mr. Camp: But can you say to me in answer to my question that you will personally commit to having that conversation? Mr. Beaman: Yes. Mr. Camp: Thank you very much. I appreciate that. Just man-to-man. And then, lastly,the city has a program to add covers to our bus stops,and we're a big city. There's a lot of them to do that. Commissioner Hippen has already mentioned this. There is a model and a standard pricing that exists. Every year, our taxpayer dollars go to add more for the benefit of our citizens across the city. I would highly encourage this applicant,with its vested long-term interest in this part of the city, in talking to our city's transportation department about the standard model,about the standard pricing, and considering between now and City Council.What I believe is a fairly nominal cost, given the overall scale of this project. And the primary user are going to be the people who live in your units. That maybe that's something you just want to bring forward as part of the package when you get to City council. I think it's very simple,just to talk to them and see how that's going to work. Mr. Beaman: Yeah,no, appreciate that comment. Ms. Hippen: I forgot one. What you going to do with the farmhouse? I know that, I know that the Wood family does not want the. I mean, it's a historic building. What you going to do with the farmhouse? Mr. Beaman: Yeah, that's an important part of this project, and one of the things that I think really makes this a neat project and a unique project is there's an old historic building,a farmhouse that's been in the family for a long time, and they're really committed to preserving that and also incorporating that into the development itself. It's going to be used in some capacity as a tenant amenity space. There'll be meeting space and so forth in there. We've committed in the proffer to allowing members of the community to use that space as well, so the community can continue to come in as they are now as a brewery and utilize the space and enjoy the space. Also, there will be, in all likelihood, a commercial component to it. That's one of the reasons we wanted to go to B-4. To reserve the right to do a commercial component here, something like a coffee shop,which is currently operating on the property,which is a great fit. Again,to allow the community to come into the site. And the other thing we've done is we've,and this is as a result of some of the feedback we did hear from the public, that amenity area that you see in the picture, that's up on the screen now,you can see that amenity area has grown significantly from our first plan by over 45%. That's a really nice area for people to gather, to have picnics, to, you know, walk a dog, or to throw a football,or whatever. It's a really, really generous area now. Ms. Hippen: And what's going in the center of the of the, as you call it, donut? Mr.Beaman: That's a tenant amenity area. That's where the pool will go. There likely be grilling areas. I don't know that it's specifically been programmed yet, but a pool and other related tenant amenities. Mr. Plumlee: Thank you. Mr. Chair, I've got a question. Where is this? I can't put in my mind. With the appendix to the COMP plan, is this in a city center? Mr. Beaman: It's in a local center core. Maybe 4/5 of the property is in the core, and then there's a little bit of edge. I think on the top right corner. Mr. Plumlee: So it's in a purple red zone. Okay. For anticipating what type of construction? Mr. Beaman: Mixed use, more urbanized construction, I believe four stories, 3 to 6 stories. Mr. Plumlee: Okay,thank you, Mr. Mauch: Commissioner Mauch. You had briefly about the Wood family and their intent to preserve the farmhouse,and something that I heard,and I just want to make sure that this is correct. Is they're not just selling the land to you, and then you guys are building apartments. They're a partner in this with you. They're not actually giving up the ownership of the property. They're adding it in as a part of the deal to be able to retain that portion and retain the property still alongside of your clients. Mr. Beeman: That's absolutely correct. They are remaining involved in the ownership group, moving forward to continue that stewardship, and representatives of the family are here with us today. Mr. Mauch: All right. Thank you. Ms. Hippen: Can you get someone to answer the question? How far the buildings are from the neighboring houses. I know one of y'all knows. Mr.Beaman: We have a civil engineer here. I believe it's a little over 100 from the top and 200 from the side, but I don't know if our engineer can confirm that for me. Mr. Flood: Hello, my name is Ben Flood. I represent Bonaventure, the development partner in this deal. To the north, it's, and I apologize, I don't have the exact figure, but I believe it is north of 100 feet. It's like 120,plus or minus to the Plan east,looking to the right. From the building to the closest house was over 200 feet. I want to say it was 220-230 somewhere in that range,but we can absolutely,yeah,get,get that information. Ms. Hippen: Thank you. Mr.Coston: Before we move on,I had one question. I think I spoke with you about the affordable housing. Mr. Beaman: Yes, yes, sir. And what I wanted to just elaborate on the affordable housing component,what we've put in the proffer agreement is that 7%of the units,which is eighteen units, will be reserved for folks who make 100 % or less of AMI, which is area median income, for a period of 10 years. And that AMI figure, I think it's important to, that's actually calculated and published by the Department of Housing and Urban Development every year,and the city,actually has on its website a page that publishes each year what that number is,and just for the purposes of this conversation,pulled what it is this year for 100%AMI for a one-person unit. It's $75,400,and for four people, it's $107,770 or no, sorry, 700,not 70. Ms. Hippen: So, let me tell you,those are pretty high numbers. I know it's on the city website, I would bring those down because the average person is not making $75,000,just saying. Mr. Beaeman: And if I may,just make a correction, too. I believe it was said by Marchelle in the informal. But one of our proffers, it was originally Proffer 6, and it refers to itself as Proffer 6. We've added more proffers throughout the process. It's now Proffer 11. So we would intend to change that to proffer 11 when it refers to itself between now and council. Mr. Coston: Any further questions, Mr. Anderson: Mr. Beeman? How are you? Couple of questions. I've been trying to find on the landscape and the information sheet. What type of fencing are we doing? Mr.Beaman: I believe it's in the proper,that's a 6-foot solid wood fence. I don't have the proffer in front of me,Mr.Anderson, but I believe we did proffer 6-foot solid wood fence. Mr. Anderson: So, it's wood and not PVC, or is it both? Mr.Beaman: That's correct. Mr. Anderson: All right, and I know we've discussed this, and I thought, I think it was brought up a few minutes ago about the landscaping in front of the single building, and Commissioner Camp, grudgingly probably mentioned about the sidewalk, but as far as the landscaping, I know, we discussed anything we can do to highlight to Evergreen something for to cover the building. That since it's so close to Kempsville Road,whatever can be done would be greatly appreciated. Mr. Mauch: You all have had quite a few of the community meetings and a lot of the concerns that were hit here today: stormwater, pedestrian safety, tree canopy, parking, schools, privacy. You've been able to mold your project into something different because of all of those concerns, whether it's sufficient or not for the community or the commission. I did want to note that one. I guess one area that didn't get hit was the environment and the wildlife. But I do know that as a by right use,you would have the ability to go in and kind of do the same thing. So I don't know any anything that's able to be done there besides kind of committing to the fact that if there is some sort of a species there, that is found, that that we make sure that that it is appropriately looked at by the by the right people. And then one thing at the site visit I did notice when I went in there is that this property is full of mature trees now. A lot of those trees are pines. If you have the ability to retain some of the hardwoods, more so, I think that that would be ideal, and then replace with your landscape as something that's a little bit more hardy than a pine. I think generally most people are okay with the pines coming down. I think it's the ones that that do a lot of work and suck a lot of moisture out of the ground and the hardwoods,that would be. Helpful to retain, if you can,and replace with something that's a little bit more hardy than a pine. Mr. Coston: So, are we ready for a motion? Ms. Schoonover: I move that we approve the application. Ms.Byler: Second. Mr. Coston: It has been moved by Commissioner Schoonover and seconded by Vice Chair Byler that we approve this item. Ms. Byler: Discussion. Clerk: The vote is open. Ms. Byler: By way of discussion, I would like to add that a number of applicants come before us with no community involvement at all,and then there's a section of applicants that come to us,and they've held informational meetings,but it's one way;they just say what they're doing, and this in my mind, is the prototype for what we welcome,and that was community engagement,where there was a dialogue back and forth, and the plans were modified to address the concerns of the stakeholders and the neighbors. So, I applaud them in their effort to make this a good project that fits into the community. Mr. Coston: Commissioner Camp. Mr. Camp: Thank you, Mr. Chair. 1, too, commend the developer for working through their plans, and even here today, agreeing to make further adjustments to them. My concern is that the Strategic Growth Area Plan calls for this to be commercial,not housing. If there is a by right use for it to be commercial,and as Commissioner Plumlee hinted, under the new comprehensive plan, if a development plan came forward on the site that was commercial,that it would be evaluated in a different fashion. I believe it is quite likely it would be a larger development with even more traffic. So, part of my vote is because of what would happen if this is not approved. Even if I don't love it 100%, I do believe that it is a better proposal for this site than what could happen by right and under evaluation of our new plans. Mr. Coston: Well, let's vote then. Clerk: The vote is open. By a recorded vote of 11 to 0,Items 6 and 7,B.H.Farmhouse LLC,has been recommended for approval. Vote Tally Commission Member AYE 11 NAY 0 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 Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "SUBDIVISION VARIANCE EXHIBIT OF 8.513 FRONTING ON KEMPSVILLE ROAD FOR BONAVENTURE", prepared by Timmons Group, dated 06/16/2026, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning&Community Development. 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. Proffers Proffer 1 When developed,the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "ATTAIN AT FARMHOUSE—CONCEPTUAL SITE PLAN", dated March 30, 2026,and prepared by Timmons Group(the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 2 When developed, the quality of architectural design and materials of the buildings constructed on the Property shall be in substantial conformity with the four (4) sheets of exhibits entitled "Farmhouse Apartments Elevations", dated May 15, 2026 (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 3 When developed,the landscaping installed on the Property shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "ATTAIN AT FARMHOUSE — CONCEPTUAL PLANTING PLAN", and dated March 30, 2026 (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, and which is incorporated herein by this reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-one (251). Proffer 5 The community identification sign(s) located on the Property shall be monument-style, shall not exceed eight (8) feet in height, and the design and the materials used for such sign(s) shall be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6 A solid six (6) foot tall wooden fence shall be provided along the boundaries of the Property that directly abut residentially zoned properties. Proffer 7 To the extent the property boundary fronting Luck Lane is considered a front yard, the minimum setback along such property boundary shall be fifteen feet (15') in lieu of thirty-five feet (35') required under Section 902 of the Zoning Ordinance. Proffer 8 Upon and after the issuance of a certificate of occupancy for the final multifamily residential unit developed on the Property (as shown on the approved site plan for the development of the Property), meeting/conference space within the existing farmhouse building located on the Property(as shown on the Concept Plan) will be made available during reasonable hours on a by- reservation basis for use by registered or incorporated charitable or non-profit neighborhood, community, civic or service associations or organizations, subject to reasonable rules and access limitations imposed by the owner of the Property to avoid unreasonable disturbances to the occupants of the Property,to maintain compliance with applicable codes,and to ensure the safety and security of tenants and guests. Proffer 9 The minimum setback along Kempsville Road shall be ten feet(10') in lieu of the fifteen feet(15') required under Section 283 of the Zoning Ordinance. Proffer 10 During the site plan review process, the developer of any new building on the Property shall identify how existing trees along the periphery of the Property will be saved and how such trees will be protected during the construction process. Proffer 11 For a period of ten (10) years from and after the date of issuance of the first certificate of occupancy for a multifamily residential unit on the Property (the "Expiration Date"), seven percent (7%) of the total number of multifamily residential units developed on the Property will be allocated as "attainable housing units." The attainable housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units. The construction of attainable housing units shall reasonably coincide with that of other dwelling units. The attainable housing units shall be reserved for households with annual incomes not to exceed one hundred percent(100%) of Area Median Income for the Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area, as determined by the United States Department of Housing and Urban Development ("AMI"), adjusted for family size. The property owner or manager shall, upon written request of the Director of the City Department of Housing & Neighborhood Preservation, or his/her designee, provide a copy of the most current tenant selection policy or criteria applicable to the attainable housing units. Upon the Expiration Date,this Proffer#11 shall automatically terminate and be of no further force or effect. Proffer 12 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Outlook Resident at Magnolia Run Apartments From Tasha S <navion00@gmail.com> Date Mon 7/6/2026 3:10 PM To Ashley Malinowski <CentervilleSRGM@vestresidential.com> Cc Lance Sanderlin <Iancessjr@gmail.com> [EXTERNAL COMMUNICATION] Dear Ashley, I am writing to share a review of my experience living at Magnolia Run Apartments. I have been a resident for 3 years and love it here! My family and I truly enjoy our apartment and wanted to express our satisfaction with the living space. Our apartment is very spacious, the courtyards are well maintained, and we love that we can take walks at night and feel safe in our complex. It has been a wonderful experience so far, and I appreciate the quality and care that makes this place feel like home. Thank you all for your hard work and dedication to maintaining the property. Mag Run is the best! Best regards, La Tasha Hill-Sanderlin Erica Stegall 5749 Vinca Lane Virginia Beach,VA 23464 To Whom It May Concern, My name is Erica Stegall,and I have proudly been a resident of two Bonaventure-owned communities in the Centerville/Lynnhaven area—Magnolia Chase and Infinity at Centerville—for more than seven years. Throughout that time, I have consistently enjoyed the quality of the communities,the beautiful homes, and the exceptional management teams. Bonaventure communities have always provided a welcoming atmosphere,well-maintained amenities, and a true sense of home. The Centerville/Lynnhaven area is one I have grown to love, and both Magnolia Chase and Infinity at Centerville have played a significant role in makingthat possible. Having experienced Bonaventure's commitment to excellence firsthand as both a resident and now as a Property Manager, I can confidently say the company takes great pride in creating outstanding communities for its residents. I would highly recommend any community selected for a Bonaventure build or management opportunity.Their attention to quality, customer service, and resident satisfaction truly sets them apart. I have nothing but positive things to say about my experience and took forward to seeing Bonaventure continue to grow and serve even more communities. Sincerely, i Zachary Toting Infinity At Centerville Crossing 5672 Infinity Lane,Apt 416 Virginia Beach,Virginia 23464 July 6, 2026 I have been living at Infinity at Centerville Crossing since 2022. Over the years I have lived on this property the staff has been welcoming,helpful, and professional with every issue that I have had from maintenance requests to resident events. The community is modern,well maintained, and thoughtfully designed, and the team takes pride in creating a place resident are happy to call home. I appreciate most is how much thought has gone into making everyday life convenient and enjoyable. I would gladly recommend Infinity at Centerville Crossing to anyone looking for a comfortable, well-managed,and connected place to live in Virginia Beach. It offers a great balance of comfort,convenience, and community, and I am grateful to be part of it. d"� Zachary Toung 07/06/2026 Hello, My name is Thomas Kelly, and I have been a resident at Magnolia Chase since 2024. 1 live in 5733-208. 1 have truly enjoyed living here.The community has been a great place to call home! I appreciate the professionalism of the staff and their commitment to providing a positive living experience for residents.Overall, I have been very happy with my experience at Magnolia Chase and would recommend the community to anyone looking for a place to live. Thank you, Thomas Kelly Cherise McKenzie Infinity at Centerville Crossing 5616 Infinity Lane Unit 428 Virginia Beach, VA 23464 July 1, 2026 I've proudly called Infinity at Centerville home for the past five years. It's been the perfect place to raise my family. The community is luxurious, safe, and enjoyable to live in. One of my favorite things about living here is being able to celebrate my children's birthdays using the beautiful community amenities, creating special memories with my family and friends. I also love relaxing by the pool and starting my mornings with peaceful walks around the property. After five years, I can honestly say that this community feels like home. I'm grateful to be part of such a peaceful community. I truly love living here! Cherise McKenzie MACS "`�=M Fftt Class Service by Special People Testimony In the nineties,while serving as a Special Education teacher with Chesapeake Public Schools, I had the privilege of meeting Mr. Sreck Wood. I was first introduced to him by the mother of one of my students, and from that moment forward, he became a quiet but steady blessing in the lives of the individuals I served. Mr.Wood was, without fait, a kind,gentle, and humble man. His generosity was never loud or self-serving—it was sincere,thoughtful, and rooted in genuine care for others.Two moments in particular speak to the depth of his heart. The firstwas his relationship with my special needs workers. He would stop by simply to visit,sit down with them, and hold meaningful conversations—never rushed, never distracted. He made each person feel seen and valued.At Christmas, he faithfully attended our holiday gatherings and arrived with gifts for every one of my workers. His presence alone brought joy, but his kindness made those moments unforgettable. The second example is one I will never forget.Years ago, my program was operating out of an old building with rent we could barely manage. Out of the blue, Mr.Wood called and asked if I would like to move into a new office space. I explained that we couldn't afford anything better, and he gently replied,"That is not what I'm asking you. I'm asking you, would you like a new office space?"When I said yes, he immediately put me in contact with his contractors. He designed and built out a beautiful new office and offered it to us rent-free for life. His generosity changed everything for us. It gave our nonprofit stability, dignity, and a sense of security that is priceless.To this day, I remain deeply grateful forwhat he did—not just for me, but for every adult with special needs who has walked through our doors and found a place to grow,work, and belong. Mr.Wood's kindness left a lasting imprint on our organization and on my heart. His legacy is one of compassion, humility, and unwavering generosity. address 1612 Centerville Tarnpike#306,Virginia Beach,Va.23464 phone (7571502-0330 fax(757)502-0331 email takeittothemacs@msn.com I support Bonaventure because they are committed to preserving Mr.Wood's legacy to the community by providing affordable housing, ensuring that his spirit of generosity continues to bless others. Best regards, Natalie Grayson KLEIN ENTERPRISES Kempsville Crossing Shopping Center 1832 Kempsville Road Virginia Beach,Virginia, 23464 May 15,2026 City Council of Virginia Beach 2401 Courthouse Drive Virginia Beach,Virginia Re: Letter of Support—Attain at Farmhouse Rezoning To: Members of the City Council of Virginia Beach Ladies and Gentlemen: I am writing on behalf of DK Kempsville LLC (referred to herein as"Klein")the owner of Kempsville Crossing Shopping Center("Kempsville Crossing"),to express support for the proposed Attain at Farmhouse development, that will be located directly across to express our support for this project. As a neighboring property owner and stakeholder in the Kempsville area,Klein views the proposed development of Attain at Farmhouse to be a high-quality residential development that complements the existing commercial uses at Kempsville Crossing and consistent with the long- term vision for this corridor. The proposed development of Attain at Farmhouse is a thoughtful and well-designed project that will contribute positively to the surrounding Kempsville community. We believe that Attain at Farmhouse will strengthen the area by providing homes for residents who will support nearby businesses, enhance activity along this portion of the corridor, and add additional stability to the surrounding properties. Based on Klein's discussions with the Attain at Farmhouse development team,this proposed project is carefully planned with attention to site design, access, and compatibility with adjacent uses. 1 Kempsville Crossing Letter in support of Attain at Farmhouse v204302026 From Klein's perspective as an adjacent property owner,we do not anticipate negative impacts to Kempsville Crossing as a result of the development of Attain at Farmhouse and. feels that Attain at Farmhouse represents an opportunity for continued investment in the broader Kempsville area. For these reasons, Klein supports the Attain at Farmhouse development and respectfully encourages the City to give favorable consideration to the project as it advances through the review and approval process. Sincerely, DK KEMPSVILLE LLC By: SL"L,bra" 404ja4 Sean Garland Chief Investment officer and Executive Vice President 1777 Reisterstown Road Suite 165 c/o Klein Enterprises Baltimore,Maryland 21208 2 Kempsville Crossing Letter in support of Attain at Farmhouse v204302026 From: Nancy Hennessy To: Marchelle Coleman Subject: Woods Farm House Date: Thursday,June 25,2026 9:36:15 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Coleman, I am writing with great concerns regarding the proposed demolition of the brewery at the Woods Farm property and subsequent building of multifamily housing. I have lived in Charlestown Lakes for 39 years and watched as "progress" has taken away our green spaces and agricultural environment, all of which has been taken away by continued building of housing and other businesses. I do not believe that additional multifamily housing will benefit our region as the developer seems to think it will. Major concerns are the schools, and traffic congestion. Trying to make a left turn out of the area will be an accident waiting to happen. That's the exit across from McDonalds. The Kempsville Rd. corridor and Centerville Tpke are already insufficient to handle the number of cars now. At times it has taken 20 minutes to go 2 miles in either direction on these roadways. Our schools are nearing capacity. Larger class sizes do not resolve the issue. It will only compound the stress in the classrooms and not benefit either the students or the teachers . I wonder how many teachers will leave after only a year or two of overcrowded classrooms. And I wonder how the students will react to so many classmates that they feel neglected. Yes,I am a retired teacher and cannot honestly say that I would continue to work in such conditions. It is unfortunate that the developers can not see the seriousness of these issues. They say there are several complexes they have built in this area. And here's the reality of it--They won't have to contend with these issues . But as local residents,we will have to handle the chaos they have created. In addition to traffic congestion and overcrowding of schools is the fact we are destroying another natural ecosystem. This area of green space is home to birds, reptiles, mammals and insects who are again being pushed out of existence by the greed of the developer. More black top,housing, cars, and cement will only exacerbate the city's flooding problem. We are already experiencing it in our neighborhoods and each year it continues to get worse. Respectfully, Nancy& William Hennessy Dear Members of the Virginia Beach Planning Commission, I am writing to express my strong opposition to the proposed rezoning of the property currently occupied by Back Bay's Farmhouse (The Farmhouse LLC)from Community Business to allow for a 251- unit multifamily residential development with commercial space. My family has lived adjacent to this property for the past 11 years. One of the reasons we chose our home was because of the character of this area.The Farmhouse property has maintained a unique, open setting with mature trees,green space, and historic charm that provides neighboring residents with a sense of privacy and preserves the character of our community. Replacing that with a high- density apartment complex would permanently change the landscape and significantly diminish the quality of life for surrounding homeowners. In addition to changing the character of the neighborhood, I am deeply concerned about the impact this development would have on our infrastructure. The intersection providing access to The Farmhouse and the shopping center across Kempsville Road already experiences a high volume of traffic and a noticeable number of vehicle accidents. During school arrival and dismissal times, as well as morning and evening rush hours,traffic frequently becomes congested along Kempsville Road and Centreville Turnpike.Approving a 251-unit multifamily development at this location would add hundreds of additional daily vehicle trips to an intersection that is already struggling to accommodate existing traffic, creating further congestion, increasing safety concerns, and reducing the overall quality of life for nearby residents. I am also concerned about the impact on our local schools. From my experience as a parent of an elementary student,Tallwood Elementary is already operating at capacity,with available classroom space fully utilized with already high numbers of students per teacher ratio. Although I cannot speak to the current enrollment levels at Brandon Middle School or Tallwood High School, a development of this size would inevitably bring additional families into the area and increase demand on our public schools, potentially contributing to larger class sizes and additional strain on educational resources. While I understand that growth is inevitable, I do not believe this site is appropriate for a development of this magnitude.A 251-unit apartment complex is simply too dense for this location and is incompatible with the surrounding neighborhood. It would fundamentally alter the character of an area that has long balanced residential living with open space, mature landscaping, and historically significant properties. I respectfully ask the Planning Commission to deny this rezoning request and preserve the character, safety, and livability of our neighborhood for the families who have invested in this community for many years. Thank you for your time, consideration, and service to the City of Virginia Beach. Respectfully, Ashley Royea Virginia Beach Resident June 26, 2026 Planning Commission Attn: Marchelle Coleman Building 3, municipal Center 2403 Courthouse Drive Virginia Beach,VA 23456 Dear Marchette Coleman and the Planning Commission, am writing to respectfully express my strong opposition to the proposed four-story apartment complex planned for the Woods Farmhouse property.This development is not compatible with the character, scale, or needs of our surrounding community. Our neighborhood is made up primarily of single-family homes,and residents moved to this area for its established residential character.A four-story apartment building directly behind one-and two- story homes would seriously affect privacy,views, property values,and quality of life. Its size and Location would place an unfair burden on families who have invested in this community. There are five residential neighborhoods in the immediate area, and residents are already deeply concerned about daily traffic conditions.The intersection of Kempsville Road and Centerville Turnpike has already been identified as congested and adding more than 250 apartments with two or more vehicles each would place additional strain on an already difficult and potentially unsafe roadway. School capacity is another critical concern. Our local schools are already overcrowded,and the surrounding area is experiencing significant pressure from population growth,traffic volume, and increased student enrollment.At this time, our community cannot safely or responsibly absorb additional high-density housing without further impacting essential services and infrastructure. This proposal is especially concerning given that more than 320 additional apartments are already scheduled to be built approximately three miles away at Kemps River Crossing.The multi-use high rise apartment complex would be built at the intersection of Indian River and Kempsville Road, which is also known for traffic congestion and accidents.The approval of another large apartment here at the Woods Farmhouse would compound existing challenges rather than address them responsibly.We do not have the infrastructure to support this rapid growth. For these reasons, I respectfully urge the Planning Commission to deny this proposal and to prioritize development that is consistent with the surrounding neighborhoods, protects current residents,and supports safe,sustainable growth for the entire community. Sincerely, Rose Mittett 1997 Livingston Oak Drive, Virginia Beach,VA 23464 757-377-4578 June 26, 2026 Planning Commission Attn: Marchelle Coleman Building 3, Municipal Center 2403 Courthouse Drive Virginia Beach,VA 23456 Dear Marchelle Coleman and fellow Planning Commission, am writing to oppose the proposed four-story apartment complex on the Woods Farmhouse property.The site lacks the infrastructure needed to support the added traffic and density this project would bring.Traffic in this area is already heavy and continues to increase each year.The City has identified this area as a concern because of traffic volume and accidents,and the intersection of Kempsville Road and Centerville Turnpike is already congested.Adding more than 250 apartments, most with two or more vehicles,would further strain an already difficult and potentially unsafe roadway. The planned Centerville Phase 2 project,scheduled for early 2027,will also affect this immediate area.Taken together,these developments would add pressure to roads, schools, emergency services, police,and fire response.This is already one of the most populated sections of the city,and the immediate area already includes more than 2,000 apartment units.Statistics show that overcrowding or high-density housing leads to increased crime. The surrounding neighborhoods are primarily single-family homes, and residents chose this area because of its established residential character. Placing a four-story apartment building directly behind one-and two-story homes would negatively affect nearby homeowners, including their privacy, property values, and overall quality of life.This proposal is not compatible with the surrounding community. School capacity is also a grave concern. Local schools are already overcrowded, and additional high-density housing would further increase pressure on student enrollment,traffic, and public services.The community cannot responsibly absorb this level of growth without significant impacts to essential infrastructure. For these reasons, I respectfully urge the Planning Commission to deny the rezoning request. Sincerely, Haw"Ctnd&tt Harold C Millett 1997 Livingston Oak Drive, Virginia Beach,VA 23464 757-288-3044 From: Kimberly Holt To: Marchelle Coleman Cc: Calvem Jackson-Green Subject: Comments on BH Farmhouse,LLC rezoning request Date: Monday,June 29,2026 11:14:24 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Marchelle Coleman, The purpose of this letter is to respond to The Farmhouse LLC's request for a variance and rezoning of the property from B-2 Community Business District to B-4 Mixed Use District. lam opposed to this request and would ask the city to deny the variance and rezoning. Farmhouse LLC is well within their rights to develop the property according to what it is currently zoned. Personally, I like the tranquil setting and the undeveloped land and wish it would stay that way. However,I have lived in Virginia Beach all my life and see the changes that have been made and the land developed. I do wish there were more green spaces set aside so that every square inch of land would not be developed. Notwithstanding,let me set forth my reasons for opposing the rezoning to allow a 251 unit multifamily residential development: 1) It simply does not fit in with the surrounding structures. There are 20 single family residences that directly abut the property and four properties directly across the street, including my own. My address is 5553 Stonehaven Drive and I have lived at this address for 30 years. The look and feel of the neighborhood would change with the addition of 4 story apts.set right on the road. It reminds me of downtown Norfolk.You expect to see high rise apts.and condos in a downtown area as the surrounding commercial buildings are also very tall. It fits in with the landscape. There are no tall commercial buildings 4 stories in this area of Virginia Beach. Neither have I seen mini parking garages in a neighborhood.That fact alone tells you they don't have room for that many people to live in such a small space. Again,you would expect to see parking garages in a downtown development. 2) Privacy issues- The units will be 4 stories high. Where in the Kempsville area do you see 4 story apts.? Certainly not crammed in a neighborhood with single family residences.There are apartment complexes nearby-Tallwood Apts„Avalon Apts,Infinity Apts.-but from the road none appear to be over 3 stories high. The higher the apts.,then those folks living on the higher floors have a direct view into the yards of anyone who lives close by. The plans call for a very large apt.building to sit right alongside Kempsville Rd. Since I live directly across Kempsville Rd., my entire backyard would be viewed by anyone living on the top 2 floors of the complex. This is unacceptable. The apts. should not sit next to the road but should be set back. Maybe they could keep some of the trees along the road as a landscaping buffer. 3) It would overwhelm the traffic pattern. 251 family units would probably mean about 500 cars going in and out of the subdivision several times a day. There are no traffic lights to control access. Nearly every week there is an accident at the entrance to Walmart. We see and hear the accidents right behind our property. A search of city accident records would confirm this. Even if the city made the access point one way in,one way outgoing the same direction,people would need to make a U- turn somewhere to go left on Kempsville. 4) According to city records,there are 17,445 housing units in District 7. This subdivision alone would increase that figure by 1.4%,a substantial subdivision to put in such a tiny area. What about the impact to our schools? am sure there are other considerations,but these are the ones I am aware of. This type of development belongs in an area that is already zoned for mixed-use or where there are no current subdivisions adjacent to the property. A commercial space makes more sense or single family homes. With kind regards, Kimberly P. Holt, Esq. 5553 Stonehaven Dr. Virginia Beach, VA 23464 (757)416-2626 p�N1A BE1C Co ;�7 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RONALD KISER [Applicant] RON & TARAH KISER [Property Owners] Change in Nonconformity for the property located at 1330 Credle Road (GPIN 2416287081). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 11, 2026 ■ Background: The applicant is requesting a Change in Nonconformity to build a detached garage/storage shed on a property zoned 1-1 Light Industrial. The site, which was rezoned from R-D2 (Residential Duplex District) to 1-1 (Light Industrial) between 1973 and 1981, contains an existing duplex dwelling that was constructed by 1970. Since duplex dwellings are not listed as a permitted use within the 1-1 district, but were a permitted use at the time of construction, the duplex use is considered a legally nonconforming use. As the detached storage garage will be for the personal use of the applicant and is not a separate commercial venture, the subject request is required. The proposed garage will be constructed using metal siding and roofing and will be used to store maintenance equipment, spare materials, and other personal items of the owner. The proposed structure will be 2,450 square feet with a maximum height of 22 feet 5 inches. The storage garage is considered an accessory to the existing residence, which constitutes an expansion to the existing nonconformity. ■ Considerations: Section 105 of the Zoning Ordinance states that an expansion to a nonconforming use can be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than the existing nonconformity. The garage will not increase the number of occupants or size of the existing dwellings on the property and complies with the height and setback requirements of the 1-1 district. The garage will be located over 120 feet from the rear of the duplex, mitigating the visual presence of the garage. Although the proposal is accessory to the existing duplex dwelling, the use of the storage garage is considered compatible within the greater than 75 dB noise zone. 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. Ronald Kiser Page 2 of 2 ■ Recommendation: On July 8, 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 change in nonconformity shall be developed in substantial conformance with the layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", dated March 23, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 Credle Rd," and dated April 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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 Resolution Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. - Submitting Department/Agency: Planning Department City Manager: P�v Agenda Item 11 Applicant: Ronald Kiser Property Ronald Kiser&Tarah Kiser Planning Commission ' • : 1 • V_B' CouncilCity • Project Details Request Change in Nonconformity (Request to construct a storage shed at an existing nonconforming duplex dwelling) Staff Recommendation Approval t Staff Planner Laine Harrington , Location 1330 Credle Roada GPIN n 2416287081 - Site Size 0.50 acres AICUZ Greater than 75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District ' s $` - Duplex dwelling/ 1-1 Light Industrial ��t � Surrounding Land Uses and Zoning Districts North t Single-family dwelling, Former borrow pit / 1-1 - Light Industrial South Credle Road Duplex dwellings/ R-SD Residential East Duplex dwelling/ 1-1 Light Industrial West Duplex dwelling/ 1-1 Light Industrial Ronald Kiser Agenda Item 11 page 1 of 17 Background . SummaryofProposal • The applicant is requesting a Change in Nonconformity to build a detached garage/storage shed on an approximate 0.5-acre 1-1 Light Industrial parcel which contains an existing legally nonconforming duplex dwelling. • The duplex dwelling was constructed by 1970. The subject property and many of the surrounding properties were rezoned from R-D2 (Residential Duplex District) to Industrial between 1973 and 1981. Since duplex dwellings are not listed as a permitted use within the 1-1 Light Industrial district, the duplex use is considered legally nonconforming. • Given that the proposed detached garage/storage shed will be for personal use of the applicant and is not a separate commercial venture, the detached garage is considered accessory to the existing residence. As such, the construction of the accessory storage garage will constitute an expansion to the existing nonconformity. • The subject parcel is located within the greater than 75 dB Noise Zone. While the proposed use is considered accessory to the residential dwelling on the property, when reviewing for AICUZ compatibility, the use of the detached garage/storage shed is most similar to storage and warehousing, and is considered a compatible use within the high noise zone. • The proposed detached garage/storage shed is 2,450 square feet and will be used to store maintenance equipment, spare materials, and other personal items of the owner. There will be no business or commercial operations of any kind on the property. The garage will be constructed using metal siding and roofing, with roll-up doors on the north, south, and east elevations. • The garage will not increase the number of occupants or size of the dwellings on the property. The proposed location of the garage complies with the height and setback requirements of the 1-1 district. Ronald Kiser Agenda Item 11 page 2 of 17 HistoryZoning Map Key No. Request CUP (Borrow Pit) Approved 10/14/85 ti MDC (Borrow Pit) Approved 1 03/20/89 N CUP (Borrow Pit Expansion) t Approved 08/28/2001 R5 ; 1 C,REp1.E RC y l Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC.Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • Section 105 of the Zoning Ordinance states that an expansion to a nonconforming use can be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than the existing nonconformity. Although the proposed storage garage is accessory to a residential use, neither the density nor the intensity of the residential use will increase with this request. The garage square footage and height are larger than the existing duplex; however, it will be located over 120 feet from the rear of the duplex and 20 feet from the rear property line. This location will allow the garage to be substantially separated from the existing duplex and surrounding dwellings. An access easement is currently in place and will provide vehicular access from Credle Road to the detached garage. The Development Services Center reviewed and approved the layout plan on April 28, 2026. The total land disturbance is projected to be under 2,500 square feet, and erosion and sediment control measures must be installed and maintained during construction. The existing gravel driveway to the west of the duplex will be used for construction access. Due to the substantial distance of the proposed garage to the existing residences and the conformance with the 1-1 dimensional requirements, Staff find's the proposal acceptable. Ronald Kiser Agenda Item 11 page 3 of 17 Recommended Conditions 1. The change in nonconformity shall be developed in substantial conformance with the layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", dated March 23, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 Credle Rd," and dated April 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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 site to fall within the Special Use Industrial and Logistics Place Type and Special Economic Growth Area 1 (East Oceana). "Uses incompatible with existing residential should be discouraged to minimize impact to adjacent residential neighborhoods," (p.92, imagine VB 2040). 'All SEGAs fall within Air Installation Compatibility Use Zones (AICUZ), so any development within a SEGA should be consistent with Article 18 in the Zoning Ordinance," (p. 167, imagineVB 2040). Ronald Kiser Agenda Item 11 page 4 of 17 ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-20 ADT Credle Road N/A N/A Proposed Land Use 3-20 ADT 1 Average Daily Trips 'As defined by a 'As defined by a 'LOS = Level of residential duplex residential duplex Service Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Credle Road is not included in the Master Transportation Plan, nor are there any Capital Improvement Program projects slated for Credle Road. Active Transportation Plan (ATP) There are no Active Transportation Plan applicable to this request. Public Utility Impacts Water The site is connected to City water. There is an 8-inch city water main along Credle Road. Sewer The site is connected to City sanitary sewer. There is an 8-inch city sanitary sewer gravity main along Credle Road. Ronald Kiser Agenda Item 11 page S of 17 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. _ Ronald Kiser Agenda Item 11 page 6 of 17 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 1330 CREDLE ROAD 4 5 WHEREAS, Ronald Kiser (the "Applicant") has made application to the City 6 Council for authorization to expand the nonconforming dwelling located at 1330 Credle 7 Road and zoned 1-1 Light Industrial; 8 9 WHEREAS, this parcel currently contains a duplex dwelling that does not meet the 10 current zoning regulations. The subject property was rezoned from R-D2 (Residential 11 Duplex District) to 1-1 (Light Industrial District) sometime during or after 1973. Duplexes 12 are not a permitted use within the 1-1 Light Industrial District. The dwelling was 13 constructed by 1970, prior to the adoption of the applicable zoning regulations, and is 14 therefore nonconforming; 15 16 WHEREAS, the proposed expansion to the dwelling includes building a detached 17 garage/storage shed on the subject parcel, which will be considered accessory to the 18 existing residence. 19 20 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 21 approval of this application on July 8, 2026; and 22 23 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 24 of a nonconforming use is unlawful in the absence of a resolution of the City Council 25 authorizing such action upon a finding that the proposed structure as expanded is equally 26 appropriate or more appropriate to the zoning district than the existing structure. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Council hereby finds that the proposed nonconforming structure as 32 expanded, will be equally or more appropriate to the district as is the existing structure 33 under the conditions of approval set forth herein below. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 38 1. The change in nonconformity shall be developed in substantial conformance with the 39 layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", 40 dated March 23, 2026, which has been exhibited to the Virginia Beach City Council 41 and is on file with the Department of Planning & Community Development. 42 43 2. The structure shall be developed in substantial conformance with the elevations 44 prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 45 Credle Rd," and dated April 30, 2026, which has been exhibited to the Virginia Beach Ronald Kiser Agenda Item 11 page 7 of 17 46 City Council and is on file with the Department of Planning & Community 47 Development. 48 49 3. The applicant shall obtain all necessary permits and inspections from the Department 50 of Planning & Community Development. 51 52 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat 53 submitted with this application must meet all applicable City Codes and Standards 54 before site plan/plat approval will be granted. All applicable permits required by the 55 City Code, including those administered by the Department of Planning/Development 56 Services Center and Department of Planning / Permits and Inspections Division, and 57 the issuance of a Certificate of Occupancy, are required before any approvals allowed 58 by this application are valid. 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 and Community City Attorney's Office Development CA17268 R-1 June 22, 2026 Ronald Kiser Agenda Item 11 page 8of17 Proposed Layout T"S IS TO((RTfY TTMT ON MAW)4 S."C SWA't(D TK PNOPM Spbw 0%W"AT AAK t1K TITLE UKS A1'D Tr( *AU',cf T?4 ".t*Ya ARE AS WMN ON rMG PLAT. TrK Bt1*%SUMO SMCILY WINN tK MU t,AK$W TI(Rt ARE N' ON OtKR M%DwaS(X:(PI AS SWMN. IrK cfl,FfATT SHOW KA(CN APfL/kS to rALT,*CAE(TK UK w ON rK MAP PACE SIN W06.RE((A'DK(,NOOK RWO"UAW-(PRO+:NAM(WP),ri0W WSURAM:t RATE MAP(MM)FOR 1K(fir Of VWAMA W4.14.WKC~ (pOWWTY VIW1)MAP r WAV JAM.IAA"r 14,YO15. N K-X,WP PANEL 38.SWIX¢Of WL 4«S.sa^rttr..r w ar LAYOUT PLAN cat.t IUA j t�""i W r"+'M rin ld�Jr s►h) rmy tro. PARR A on ' r.I.4Imo,.. tan sore rwr.r sw. sort (NSTR, 2Qt J03Y200023AA40) I r•w.r sa,rt.. sx son [•Hey 4-r ,I— I"* 2A91 SAIL C�fi.A i'a.c I1r, hM1F5 TJl C-4+1 can 54ft I 22 ter- �r Li IY8 36, P. 45) ' ) + jEf-f " (1r.8. $8, P, M) � ar I ,j iaAr I I rj, �T q.Ci1AfTt N 91L* ' g + rot 4=$$ TSp 2� 1 r + ' t w �• rA I I � � I 476Er(PUT r � r To OOM."� owl? 74. r 7 r,Kr� RM DITiT v 'a '4 UTil1TY61nftYON CREDLE (5o'R/*)ROA G (FOERLY MCA" DW) — GRLLN,SEVwR t[xwv- * 34,P. 19) •':. 1tlt psz RVE-yrATER (WLRCE V H.UT&M DEPARTMI v+ EXISTING CONDITIONS, TOPOGRAPHIC k+1 ZONING: I-1 per GIS PHYSICAL SURVEY GPIN:2416-28-7081 11330 CREDLE ROAD I tayderT I'r}e LOT 24 and; +KixtKl6lnc SECTION No. 2 EXTENDED 1' KL un�y M•aa•� NORTH BELLWOOO PARK L a'^ rs7n >•�ti� (D.B_ 984. P. 27-PUT) 5l�ttrll 1r VIRCANAA BEACH, VRGP" Pt4 r rtt 1+ IN �rOMAI FOR 026 Ron & Toroh Kiser �C= 23. Z SCALLEE:: 1 40 ' • � ' Ronald Kiser Agenda Item 11 page 9 of 17 Proposed • Plan GARAGE/SHED ELEVATIONS 1330 CREDLE RD AWRICAN METAL ROOF METAL SIDING i 1 1 4--0. ua Zv O N 00 ROLL-UP Q DOOR --35'-0- --� -- SO_UTH_ELEVATION Rn T .. METAL ROOF METAL SIDING AWE e 14— N _ C N 8--0 _ A ROLL-UP DOOR 11 16 —35 0" �1 NORTH,ELEVATION 04/3012026 Ronald Kiser Agenda Item 11 page 10 of 17 Proposed • Plan = cD i r+ ti a (V ccO O � � .0-.8t � .0•.8t I � o O W a � � f!G w � O CV O d zcr Q .0-.Z t Q Q i C> ? i u. < W c� LiJ o 00 w LJL, v n Win J I N to Q Lu w LJ 3. I In Z f•- Q w _i W p LLJ S W cn Q ti3 W (7 � CD CD Q M c2 Ronald Kiser Agenda Item 11 page 11 of 17 Site • • {�4�q JO ALI- 1. f {fp + I y Y _ , i �qa, s Ronald Kiser Agenda Item 11 page 12 of 17 Site • • rw. u � ... c y Ronald Kiser Agenda Item 11 page 13 of 17 Disclosure VIRGINIA Disclosure V BEACH Statement t7te dn<tasures contained in this form air necessary to Mform public off vials who may vote on the opolxotlon os to whether they hove o co 100 of interest under VWgirs'a low.Compktion and subimssw of this form is required for all opptacat ons that pertain to Oty reot estate matters or to the development ondlor use of property in the City of Virginia Beach requiring action by the City Council, boordx commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Appikant Name: as tested on oppl+cation Ror°ald Kiser Is Appfitant also the Owrwr of the►subjrti prop"? Y"(D If no,property Owner must complete SECTIO�N 2.PROPER 7V OWNER OtsaOSURf(pope 3) Dow Applicanters have a Represtath+e?Yes :!No if yes,nome Representative Cry Huron,P.E- h Appftae►t a corporation,partrserr>%*faM bu*ws,trust or urtincorporArted business? YesofVa +) If yes,list the names of ail officers.directors,members,or trustees below AND businesses that hove o parent-subsidiary n or affiliated bvsimess entity:relationship with the o T!,L ffo ch list net toes the sutr1►ct property have a proposed or pending purchaser? Us No j If Yes,nome proposed or peed-erg purcnosr, KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an off► ial or employe*of the City of Virginia 5each have an interest in_Lhe subject land or any proposed development contingent on the subject public action? Yeso"out f yes,name the c�,rr ri or r ansd deterr�the nodule of title interest e 9 i APPLICANT SERVICES DISCLOSURE *ZW.the Apphcont must certify whetter the following srrvires are being provided in connection to the subject application o any business operating or to be operated an the property. The name of the entity andjor individual providing such serwes must br identified (Attach Last if necessary.) SERVICE YES NO SERVICE PROVIDER hlor ne entity ond/o►ind►vi WJ Financingmore tI�of trust., O � tom, V e Cr0i3•+01Ute'&1i1lti0n,etc I R*4Itst teEkoker/ARrrtffleaitd+ �.1 �.J OtsdaWrr Statement I rev kf a,. 2024 page 3 of 3 Ronald Kiser Agenda Item 11 page 14 of 17 Disclosure SECTIONDISCLOSURE sfiWC YES no SERVICE PROWOER Accountin ax Return 0 O Arctct/t}esinerll�'�dSc•pe ltrrwetatt MsLts Gar�gss �Artttct/Und Planner y,J Q Construction cd>,+t»acta Carty Herron,RE 1 HayFdw F".L.S. m APPLICANT CERTIFICl1TKO AM:l cerrfy that ollmqbrmotion ronrained m tilts torn,is complete,true,and ocr"e.t undrrstond that, upon recrspr of notifxodon that the oppkation has been mheduted for pvbk hrartf%t l orn responsible for updating the onforrnotMn prov4td herein three wetlrs prier to the rtsee"at Pi anninq Commission, City Ctsautsci$USDA,CSi'A,Wetlands eaord or any pubk body at committee to corvisection with this opphcati n Ronald Kiver ,Appk�of Nadnw tPrantj App&uW Signature Gate s Parent subsidiary 'a reirabonshrp that exists when one corporation directly or tmd€rettly awns Shares ppossrsviV myr than 50 percent of the voting pow rafQ/Wthet cofponefian."See Vote and tocoi Governmeor Coofi tt of tnterests Act,VA Code f 2.2.310t J`Af f�hoted business entity relatiortsisi t'means'o rehatiprtship,other than parrrst sr tdpry rektionship. that exists when(i)one business entity has a conrroAng ownership interest in the other business entity,(0) o cortrof#znp owner in one entity is also a cantrolling owner in the other entity,or(err)there is shared mona gement or control between the business entities factors that should be considered in determxs.np the existence off{an offihoted business entity relori�oetship nxlude that the sorne person or substont.o0'f the same person own of manope the two entities;there we cod sow or commongkdJunds or assets,the business entities share the use of the sorts offr s at efn A*ws or otherwise shah orrMtwi,resources cir personnel on a regular basis,or there is otherwise a Close warkinq relationship between the entifWs."Sere aria<r o^d irKof txd irvrrnnn rlt Conflict of interests Art, Vo Ccxlr f 2 2.3101 "M CITY USE 0MY: ha etanges as of(date) 7162026 Laine Harrington 4-4 7t26'2026 Stahl tram•VW4 Stan S+Er►atwt gate ftWWWnt t con.MaV<1024 op 2 of 3 Ronald Kiser Agenda Item 11 page 15 of 17 Disclosure Statement MOM SECTION 2- PROPERTY OWNER DISCLOSURE PROPERTY OWNER IWORMATION Prop"Qw1W flame os listed on oppr ation R _ Is the Own#r a ca wati ,W"orthlp,firth,bosintss,trust,as urrin tli ss7 Y s 1f Yes,trst the nomots of ate officers,directors,members,or trustees bt.aw AND Wsr rsses(hot have o tacaren{-sutas ory r or o ateaet rs eratrt�rrt rt rrs tl tt o t Ate 1 Does test subioct property have a propowd or potti t purchaw? Yts ;;;• if yes,rf&7w proposed or rwriding purchaser KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Doers an officlal rN em of the City of virtinia aea<h havr an wtorest in th* d or any propos" ent coat t*n th#"joct Public u ttorat Y050 No a it Yes,name the i� ,cro?s�r,e ,o ddescrz#t�tip rstrtur! tt�tr rrtteres* PROPERTY OWNER SERVICES D SCLOSURE REW.the Owner must certify whrther thrfu41owiW sus are dt d ip connection to the w4r^ct tcotiian*(WW business otd t or to be operotedon the property.Ithtrameof theenotyorindvidual ng such srrsicts must be lAttoch"t ` r cestQry.I 5I"R E YI«S ' 144 !SERVE PROVIM .mo ire I ,deeds of trust. cxestacottatrr iar► eta Real Estate f tfRQatteN *.r+` J4 ax Rrturrr i'reparation m.e� Itrr rf t a apeArnetican fetal Gat Construction,Coniractot Arrwicw fi ital G t Casey Hamrs,P.E. 1 Hloyden FrA.L.s; Ent rjSu art gat PARTY OWNER CERTIFICATION ff-40:i certify that allinforpvttoo contained in this Form is Complete,truc,and arCuroM 1widerfOnd that upon receipt of notificnation that the application hos been x d for public hrort"ng,t am respons a for updatitV tine informotron provided herein three wectts prior to the meeting of P$anstinq commi'sthan. CAY Coovot VSDA,COPA tr ettands t3aord or orgy c Ftteeirt connection lth this opoicot . I 14 Property Owner Name(Prat) propertyowner$*Utwv Date Disdolure statement I rev M ay-2024 paje a of 3 Ronald Kiser Agenda Item 11 page 16 of 17 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. Ronald Kiser Agenda Item 11 page 17 of 17 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 1330 CREDLE ROAD 4 5 WHEREAS, Ronald Kiser (the "Applicant") has made application to the City 6 Council for authorization to expand the nonconforming dwelling located at 1330 Credle 7 Road and zoned 1-1 Light Industrial; 8 9 WHEREAS, this parcel currently contains a duplex dwelling that does not meet the 10 current zoning regulations. The subject property was rezoned from R-D2 (Residential 11 Duplex District) to 1-1 (Light Industrial District) sometime during or after 1973. Duplexes 12 are not a permitted use within the 1-1 Light Industrial District. The dwelling was 13 constructed by 1970, prior to the adoption of the applicable zoning regulations, and is 14 therefore nonconforming; 15 16 WHEREAS, the proposed expansion to the dwelling includes building a detached 17 garage/storage shed on the subject parcel, which will be considered accessory to the 18 existing residence. 19 20 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 21 approval of this application on July 8, 2026; and 22 23 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 24 of a nonconforming use is unlawful in the absence of a resolution of the City Council 25 authorizing such action upon a finding that the proposed structure as expanded is equally 26 appropriate or more appropriate to the zoning district than the existing structure. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Council hereby finds that the proposed nonconforming structure as 32 expanded, will be equally or more appropriate to the district as is the existing structure 33 under the conditions of approval set forth herein below. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 38 1. The change in nonconformity shall be developed in substantial conformance with the 39 layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", 40 dated March 23, 2026, which has been exhibited to the Virginia Beach City Council 41 and is on file with the Department of Planning & Community Development. 42 43 2. The structure shall be developed in substantial conformance with the elevations 44 prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 45 Credle Rd," and dated April 30, 2026, which has been exhibited to the Virginia Beach 46 City Council and is on file with the Department of Planning & Community 47 Development. 48 49 3. The applicant shall obtain all necessary permits and inspections from the Department 50 of Planning & Community Development. 51 52 4. City Ordinances and Standards remain applicable to this property. Any site plan/plat 53 submitted with this application must meet all applicable City Codes and Standards 54 before site plan/plat approval will be granted. All applicable permits required by the 55 City Code, including those administered by the Department of Planning / Development 56 Services Center and Department of Planning / Permits and Inspections Division, and 57 the issuance of a Certificate of Occupancy, are required before any approvals allowed 58 by this application are valid. 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 and Community Ci y Attorney's Office Development 0 CA17268 R-1 June 22, 2026 2 4 'i 1 i 1�1 ® site Ronald Kiser 117-7 Zoning 1330 Credle Road �] Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #11 Ronald Kiser Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item on our agenda is Item 11,property owner Ron and Tara Kiser. Is there a representative here today to speak on this item? Please come forward and state your name. Mr. Herron: Hi there. My name is Casey Herron. I'm the applicant representing Ron Kiser. Ms. Byler: Thank you for coming today, sir. Are the conditions acceptable to you? Mr. Herron: Yes,ma'am. Ms. Byler: Okay. Thank you. You may be seated. Mr. Herron: Thank you very much. Ms. Byler: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read it into the record. Mr. Plumlee: Thank you, Vice Chair. This is an application by Ronald Kiser to change a nonconformity to add a shed in the back of the property at 1330 Credle Road. The construction is for an approximate 2,450-square-foot shed to be used to store maintenance equipment, spare materials, and other personal items. There were no objections from the community. This was a recommended application by staff, and the commission believed it was appropriate for consent. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20, 22, and 23. Mr. Plumlee: I just want to note for the record: Item 14,1 must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2nd hearings are also on the consent agenda. Ms. Byler: Yes. Mr. Coston: Thank you. To have a motion to approve by consent these items as read,Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items. Are we ready for the vote? Clerk: Before we open the vote, your Wads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 11 to 0,with all aforementioned abstentions, the June 10t',2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting, either virtually or in-person, but you're free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X Byler(Vice Chair) X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The change in nonconformity shall be developed in substantial conformance with the layout plan prepared by Hayden Frye and Associates, Inc. and titled "Layout Plan", dated March 23, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure shall be developed in substantial conformance with the elevations prepared by American Metal Garages and titled, "Garage/Shed Elevations 1330 Credle Rd," and dated April 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PUNGO SQUARE REAL ESTATE, LLC & ALLAN W BROCK JR [Applicants & Property Owners] Conditional Rezoning (B-1 Neighborhood Business District and AG-2 Agricultural District to Conditional B-2 Community Business District) for the property located at 1776 Princess Anne Road (GPIN 2413012423). COUNCIL DISTRICT 2 (Henley) MEETING DATE: August 11, 2026 ■ Background: The applicant is seeking to rezone the 2.02-acre parcel from B-1 Neighborhood Business District and AG-2 Agricultural District to Conditional B-2 Community Business District to allow for additional retail businesses to be located on the site. The parcel currently contains the Pungo Square Shopping Center, which includes a variety of uses, including a restaurant, gift shop, hair salon, office, and veterinary clinic. There are no physical changes to the site proposed with this request. ■ Considerations: The subject property is designated as a Special Use: Business Place Type within the Rural Context Area of the imagineVB 2040 Comprehensive Plan, which envisions an area where residents and visitors can recreate, attend civic events, and patronize small-scale retail and service businesses. The applicant has proffered a limitation on the allowable uses in order to align with the surrounding community. By eliminating a variety of more intensive commercial and industrial uses, the applicant has substantially narrowed the range of potential future development on the property. These volunteered proffers help ensure that future uses remain more compatible with the surrounding rural character and the objectives of the Comprehensive Plan. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffer 1 Pungo Square Real Estate, LLC &Allan W Brock Jr Page 2 of 2 The existing developed Property being rezoned from B-1 Neighborhood Business District to Conditional B-2 Community Business District shall not be used for the following: (a) Automobile Service Stations; (b) Automobile Repair Garages and Small Engine Repair Establishments; (c) Bars and Nightclubs, (d) Beverage Manufacturing Shops, (e) Boat Sales; (f) Body Piercing Establishments and Tattoo Parlors; (g) Borrow Pits; (h) Bulk Storage Yards; (i) Commercial Parking Lots, Parking Garages, Parking Structures and Storage Garages of any kind; Q) Craft Breweries; (k) Craft Distilleries; (1) Eating and Drinking Establishments with Drive-Thru Windows; (m) Mini-Warehouses; (n) Mobile Homes Sales; (o) Motor Vehicle Sales and Rentals, (p) Heliports and Helistops; (q) Hospitals and Sanitariums; and (r) Satellite Wagering Facility; and (s) Adult Bookstore. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. '~ Submitting Department/Agency: Planning Department City Manager w Agenda Applicant: Pungo Square Real Estate, LLC Property OwnerPungo Square •' ► Allan W Brock Jr CouncilPlanning Commission Public Hearing: July 8, 2026 V_B_ City Project Details Request Conditional Rezoning (B-1 Neighborhood Business r �� District&AG-2 Agricultural District to Conditional �. B-2 Community Business District) �- r �ta� Staff Recommendation Approval • Staff Planner Alexis Bailey ' �\ Location 1776 Princess Anne Road - GPIN �.T: X� 2413012423 Site Size -- 2.02 acres . AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Shopping center/ B-1 Neighborhood Business, AG- 2 Agricultural Surrounding Land Uses and Zoning Districts North Wooded lot/ B-2 Community Business South Single-family dwelling/AG-2 Agricultural East Wooded lot/AG-2 Agricultural West Princess Anne Road Office, automobile repair garage/ B-2 Community Business Pungo Square Real Estate, LLC Agenda Item 12 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from B-1 Neighborhood Business District and AG-2 Agricultural District to Conditional B-2 Community Business District to allow for additional retail businesses on this 2.02-acre parcel. • The parcel currently contains the Pungo Square Shopping Center, which contains a variety of uses, including a restaurant, gift shop, hair salon, office, and veterinary clinic. • As outlined in Proffer 1, the applicant has limited the allowable uses on the property through a proffer agreement that expressly prohibits certain land uses. • There are no physical changes to the site proposed with this request. HistoryZoning # Request 1 2 ~ 1 CUP (Assembly Use)Approved 02/21/2017 — --- °� CRZ (B-2 Community Business &AG-2 Agricultural to Conditional B-2 Community =. 2 2 Business) Approved 04/24/2012 � 'Q P CUP(Auto Service Station) Approved 04/24/2012 B2 i MDP Approved 07/10/2007 CUP (Sale of Low Speed Vehicles) Approved / b 07/10/2007 "a „- a°-- , 4 i r AG1 3 CRZ (AG-2 Agricultural to Conditional B-2 "`—�r J/ Community Business)Approved 06/22/2004 A r-- , --<- CUP(Self Storage Facility) Approved 06/22/2004 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 Pungo Square Real Estate, LLC Agenda Item 12 page 2 of 12 Evaluation ► Recommendation The request for a Conditional Rezoning from B-1 Neighborhood Business District and AG-2 Agricultural District to Conditional B-2 Community Business District is, in Staff's opinion, acceptable. The subject property is designated as a Special Use: Business Place Type within the Rural Context Area of the imagineVB 2040 Comprehensive Plan, which envisions an area where residents and visitors can recreate, attend civic events, and patronize small-scale retail and service businesses. As stated previously, the applicant has proffered a limitation on the allowable uses in order to align with the surrounding community. By eliminating a variety of more intensive commercial and industrial uses, including automobile service stations, automobile repair garages, bars and nightclubs, mini-warehouses, motor vehicle sales, and commercial parking facilities,the applicant has substantially narrowed the range of potential future development on the property. These volunteered proffers help ensure that future uses remain more compatible with the surrounding rural character and the objectives of the Comprehensive Plan. Staff finds that the exclusion of these higher-intensity uses reduces the potential for adverse impacts related to traffic generation, noise, outdoor storage, large-scale commercial activity, and visual impacts that could detract from the desired rural and community-oriented environment. As a result, the proffered conditions provide greater certainty regarding the future development of the site and help align the rezoning request with the long-term vision established for the Rural Context Area. While the Active Transportation Plan (ATP) calls for a shared-use path along Princess Anne Road and for a designated sidewalk connection and a clearly defined, safe pedestrian access route leading from the Princess Anne Road right-of-way directly to the primary building entrance, as there are no physical changes proposed to the site, these recommendations were not included with this request. Based on these considerations, Staff recommends approval of this application, subject to the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable;' (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The existing developed Property being rezoned from B-1 Neighborhood Business District to Conditional B-2 Community Business District shall not be used for the following: (a) Automobile Service Stations; (b) Automobile Repair Garages and Small Engine Repair Establishments; Pungo Square Real Estate, LLC Agenda Item 12 page 3 of 12 (c) Bars and Nightclubs;. (d) Beverage Manufacturing Shops; (e) Boat Sales; (f) Body Piercing Establishments and Tattoo Parlors; (g) Borrow Pits; (h) Bulk Storage Yards; (i) Commercial Parking Lots, Parking Garages, Parking Structures and Storage Garages of any kind; (j) Craft Breweries; (k) Craft Distilleries; (1) Eating and Drinking Establishments with Drive-Thru Windows; (m) Mini-Warehouses; (n) Mobile Homes Sales; (o) Motor Vehicle Sales and Rentals; (p) Heliports and Helistops; (q) Hospitals and Sanitariums; and (r) Satellite Wagering Facility; and (s) Adult Bookstore. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The site falls within Rural Context Area and is identified as a Special Use: Business Place Type.The primary goal of the Rural Context Area "is to provide a place where residents and farmers can recreate, enjoy civic functions and events, and shop at small retail stores" (p. 190, imagineVB 2040 Comprehensive Plan). ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Pungo Square Real Estate, LLC Agenda Item 12 page 4 of 12 Traffic Impacts/Transportation, Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 11,960 ADT' 15,400 ADT 1(LOS 4 Existing Land Use Z-870 ADT D ) Proposed Land Use 3-870 ADT 1 Average Daily Trips 'As defined by a 'As defined by a 'LOS = Level of 16,000 sf strip retail 16,000 sf strip retail Service center center Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Princess Anne Road in the vicinity of this application is a two-lane undivided Rural Highway. There are currently no CIP projects scheduled for this section of Princess Anne Road. Active Transportation Plan(ATP) The Active Transportation Plan (ATP) calls for a shared-use path along Princess Anne Road. Additionally, the ATP calls for a designated sidewalk connection and a clearly defined, safe pedestrian access route leading from the Princess Anne Road right-of-way directly to the primary building entrance. ImpactsPublic Utility 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 • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026 and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 2026. Pungo Square Real Estate, LLC Agenda Item 12 page 5 of 12 • 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 July 2, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. Pungo Square Real Estate, LLC Agenda Item 12 page 6 of 12 Site • • ,z r Pungo Square Real Estate, LLC Agenda Item 12 page 7 of 12 Site • • �LVNGO t7tLUARE FJt d1 4 , f_. .9 A -arts. u� „5 Pungo Square Real Estate, LLC Agenda Item 12 page 8 of 12 Disclosure V BEACH Statement Disclosure VIRGINIA The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions,or other bodies, SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Pungo Square Real Estate, LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? YesQ Noo if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No0 If yes,name Representative: R. Edward Bourdon,Jr., Esq. 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 1 relationship with the applicant.(Attach list if necessary,) Allan W.Brock,Jr.,Manager Does the subject property have a proposed or pending purchaser? Yes U NoQ If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or emptoyee 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 theirinterest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided In connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, - Q cross-collateralization,etc. Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 Pungo Square Real Estate,vLLC Agenda Item 12 page 9 of 12 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity and ar individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 G Engineer/Surveyor/Agent 0 G Legal Services O 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:/certify that aft 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. Allan W. Brock,Jr., Manager y-?3-_ :,,L Applicant Name(Print) Applicant Signa ut re Date s"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affflioted 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,(il) a controlling owner in one entity is also a controlling owner in the other entity,or(ifi)there is shared management or control between the business entities.Factors thatshould 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."See State and Local Government Conflict of interests Act;Va.Code§2.2-3101. + FOR CITY USE ONLY: No changes as of(date): 7/24/2026 Alexis Bailey G� Pm�b � ��%= 7/24/2026 _ Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Pungo Square Real Estate, LLC Agenda Item 12 page 10 of 12 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property owner Name: as listed on application Allan W. Brock,Jr. Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesONo(F if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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 0 No 0 1f 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 en tity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entit and/or individual Financing(mortgage,deeds of trust, 0 cross-colfateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. PROPERTY OWNER CERTIFICATION READ.I certify that all information contained in this form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Allan W. Brock, Jr. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Pungo Square Real Estate, LLC Agenda Item 12 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Pungo Square Real Estate, LLC Agenda Item 12 page 12 of 12 p K.v B2 B2 z Q AG2 W B 1 B`1 z a r r ® Site Pungo Square Real Estate, LLC & Allan W Brock Jr C= Zoning 1776 Princess Anne Road 0 Property Polygons s Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 PUNGO SQUARE REAL ESTATE,LLC,a Virginia limited liability company ALLAN W. BROCK,JR. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of April, 2026, by and between PUNGO SQUARE REAL ESTATE, LLC, a Virginia limited liability company, party of the first part, Grantor; ALLAN W. BROCK, JR., party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the Grantors herein are together the owners of a certain improved parcel of property located in District#2 of the City of Virginia Beach,containing approximately 2.02 acres which is more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from B-1 Neighborhood Business District and AG- 2 Agricultural District to Conditional B-2 Community Business District, and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various GPIN: 2413-01-2423-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise,and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro guo for zoning,rezoning, site plan,building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns,grantees, and other successors in interest or title: 1.. The existing developed Property being rezoned from B-1 Neighborhood Business District to Conditional B-2 Community Business District shall not be used for the following: (a) Automobile Service Stations; (b) Automobile Repair Garages and Small Engine Repair Establishments; (c) Bars and Nightclubs; (d) Beverage Manufacturing Shops; (e) Boat Sales; (f) Body Piercing Establishments and Tattoo Parlors; (g) Borrow Pits; (h) Bulk Storage Yards; (i) Commercial Parking Lots, Parking Garages, Parking Structures and Storage Garages of any kind; 2 0) Craft Breweries; (k) Craft Distilleries; (1) Eating and Drinking Establishments with Drive-Thru Windows; (m) Mini-Warehouses; (n) Mobile Homes Sales; (o) Motor Vehicle Sales and Rentals; (p) Heliports and Helistops; (q) Hospitals and Sanitariums; (r) Satellite Wagering Facility;and (s) Adult Bookstore. All references hereinabove to B-2 Community Business District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that; (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 3 Beach, Virginia, to administer and enforce the for conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Pungo Square Real Estate,LLC, a Virginia limited liability company Allan W.Brock Jr.,Manager:1!8 Q.. ,• 'iVQr Y,FA4 Z4''• PUSt/C R G c� :MY >> 4Of MlSSlpM lRFS STATE OF VIRGINIA :�o'' ° �no27 CITY OF VIRGINIA BEACH,to wit: •�''•;�CTF!OF`���.•'�� The foregoing instrument was acknowledged before me tl-daO day of Dom/ 2026, by Allan W. Brock, Jr., Manager of Pungo Square Real Estate, LLC,a Virginia limited liability company,Grantor. " d Notary Public My Commission Expires: DS 3/ 620�� Notary Registration Number: I A.CVat,� t4 A �'; ram%•• s Mr�'f3''34 in • �Xp�ISS1 O'v. z� 5 WITNESS the following signature and seal: Grantor: Allan W. Brock,Jr. cy� PUBLIC • p REG#7134g01 2 c� :W COMMISSION '. EXPIRES Q STATE OF VIRGINIA o.�•'•' CITY OF VIRGINIA BEACH,to wit: •.;;SALT H�OF�,�`'�,� The foregoing instrument was acknowledged before me this day of r? 20226,by Allan W.Brock,Jr.,Grantor. / Notary Public My Commission Expires: 03/ a� �•"�t�,'��.A:C��jO�co'•, Notary Registration Number: �� .�'� NOTgRp'•.'O�c` s M •Irlli'O�� 1/ 6 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Pungo Borough of the City of Virginia Beach, Virginia, and designated as "A-1", "A-2" and "A-3" which are comprised of 2.02 acres and is shown on a plat entitled, "PLAN OF PROPERTY, PART OF PLAT A,DR.T. B.LUXFORD'S FARM,PUNGO BOROUGH, VIRGINIA BEACH, VA", dated April 24, 1978, prepared by Bonifant Land Surveys, which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 126,at Page 34. GPIN: 2413-01-2423-0000 AM/-Conditional Rezoning/'Pungo Square Real Estate/Proffer Agreement.docx 7 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12 Pungo Square Real Estate, LLC & Allan W. Brock Jr. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is Item 12,Pungo Square Real Estate,LLC and Allan W. Brock Jr. Property Owner. Welcome,Attorney Bourdon. Mr. Bourdon: Thank you,Madam Vice Chair. Ms. Byler: Are the conditions acceptable to your client? Mr. Bourdon: This is a conditional rezoning, and with the added proffer that was discussed this morning. For no adult bookstores, the application is, we appreciate, beyond the consent agenda. Appreciate the work from Alexis Bailey on the application. Ms. Byler: Thank you, sir. You may be seated. Mr.Bourdon: Thank you. (The following dialogue reflects the reading of the agenda item into the record, which may not have directly followed the above discussion in this document) Ms. Byler: Okay. I'm going to backtrack a moment and ask Commissioner Cromwell to please read agenda Item 12 into the record. Mr. Cromwell: Agenda Item 12 is for Pungo Square Real Estate, LLC. The applicant is requesting a conditional rezoning from B-1 Neighborhood Business District and AG-2 Agricultural District to conditional B-2 Community Business District to allow for additional retail business on this 2.2-acre parcel. The parcel currently contains Pungo Square Shopping Center, which contains a variety of uses. The applicant has limited the allowable uses on the property through a proffer agreement that expressly prohibits certain land uses. There are no physical changes to the site proposed with this request. Hearing no objection, we put this 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. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20,22, and 23. Mr.Plumlee: I just want to note for the record: Item 14, I must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2°d hearings are also on the consent agenda. Ms. Byler: Yes. Mr.Coston: Thank you. To have a motion to approve by consent these items as read,Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items. Are we ready for the vote? Clerk: Before we open the vote, your Wads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 11 to 0,with all aforementioned abstentions,the June loth, 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting, either virtually or in-person,but you're free to leave. Vote Tally 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 Proffers Proffer 1 The existing developed Property being rezoned from B-1 Neighborhood Business District to Conditional B-2 Community Business District shall not be used for the following: (a) Automobile Service Stations; (b) Automobile Repair Garages and Small Engine Repair Establishments; (c) Bars and Nightclubs;• (d) Beverage Manufacturing Shops; (e) Boat Sales; (f) Body Piercing Establishments and Tattoo Parlors, (g) Borrow Pits; (h) Bulk Storage Yards; (i) Commercial Parking Lots, Parking Garages, Parking Structures and Storage Garages of any kind; (j) Craft Breweries; (k) Craft Distilleries; (1) Eating and Drinking Establishments with Drive-Thru Windows; (m) Mini-Warehouses; (n) Mobile Homes Sales; (o) Motor Vehicle Sales and Rentals; (p) Heliports and Helistops; (q) Hospitals and Sanitariums; and (r) Satellite Wagering Facility. ro r s� sz CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATKINSON HOLDINGS, LLC [Applicant & Property Owner] Conditional Rezoning (1-1 Light Industrial District to Conditional RT-3 Resort Tourist District) for the property located at 608, 610, 612, 614, 616 Norfolk Avenue & 633, 637, 641 loth Street (GPIN 2427040251). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: August 11, 2026 ■ Background: The applicant is seeking to rezone the 21,671 square foot parcel from 1-1 Light Industrial District to Conditional RT-3 Resort Tourist District to permit retail uses. No exterior improvements are proposed with this application. The existing building has historically accommodated retail, restaurant, and other commercial uses; however, such uses are not permitted within the 1-1 Light Industrial District. A Parking Study was submitted and approved by the Zoning Administrator with this request. While a development of this size would require 153 parking spaces, the study supports that the proposed 46 spaces will adequately serve the proposed use. Thirteen on-site parking spaces are provided, along with 33 designated spaces in the off-site parking lot directly across 10th Street to the south. It is also expected that many of the patrons of the businesses will continue to arrive by bicycle or on foot. ■ Considerations: This property is located within the Resort Area Strategic Growth Area (SGA) and is guided by the Resort Area Strategic Action Plan (RASAP). The RASAP promotes a vibrant, walkable, and economically sustainable resort district that supports both residents and visitors through a mix of commercial, residential, and tourism-related uses. The proposed RT-3 zoning is consistent with these objectives, as it allows retail and restaurant uses that contribute to the pedestrian- oriented environment envisioned for the Resort Area. 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 July 8, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffer 1 Atkinson Holdings, LLC Page 2 of 2 The following principal and conditional uses within the RT-3 Zoning District shall not be permitted on the Property: a) Automobile and small engine repair establishments; b) Automobile service stations; c) Bars or nightclubs; d) Boat sales; e) Communication towers; f) Heliports and helistops; and g) Passenger Transportation Terminals. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CtIr City Manager: fV Agenda Applicant & Property Owner: Atkinson Holdings, LLC Planning Commission • • i 2026 vs, CouncilCity / 1 (Wilson) 7dlwmhw.� Project Details West Request Cypress Avenue Conditional Rezoning (1-1 Light Industrial District to Vacant commercial building/ RT-3 Resort Tourist Conditional RT-3 Resort Tourist District) Staff Recommendation ST"ST F. Approval h i Staff Planner 21H ST N LAKE DR KS ; OT. ^ALLEY Marchelle Coleman SANDY GCSE DOIA WAY RINEYlOOD DR o NORFOLKA Location _ p rn— � 608, 610, 612, 614, 616 Norfolk Avenue & 633, 637, 641 10th Street P ORECIRO{ NE P n GP/Ns )LANCIR i 01HST d� MPRYLA DAVE 2427040251 m 4RrLAND PVE Site Size DELPN'Re PVE O 1 PVE y 21,671 square feet111 +� 5 P L� VIFGINIP IROLINA PVE m A, . A/CUZ - 70-75 dB DNL Watershed 4 Atlantic Ocean ` RF• A Existing Land Use andZoning District Restaurants, retail sales, and gym/ 1-1 Light � � Industrial Surrounding Land Uses and Zoning Districts N' l M.. North �° ��` `4 ' Norfolk Avenue Public parking lot, multi-family dwellings/A-24 , �a• 3 �oSHs �� Apartment South ` 10t"Street k�(Vv Parking lot/ RT-3 Resort Tourist East Retail / 1-1 Light Industrial Atkinson Holdings, LLC Agenda Item 13 page 1 of 15 Background SummaryofProposal • The applicant is seeking to rezone the 21,671 square foot site from 1-1 Light Industrial District to Conditional RT-3 Resort Tourism District to permit retail uses. • Located at the southeast corner of Norfolk Avenue and Cypress Avenue, extending to the intersection of Cypress Avenue and 10th Street, the property is part of an established neighborhood commercial node serving the surrounding residential areas of Shadowlawn. The site is also located within the Resort Area Strategic Growth Area (SGA) and is guided by the Resort Area Strategic Action Plan (RASAP). • The surrounding area, generally bounded by Cypress Avenue and Mediterranean Avenue and extending approximately one and one-half blocks south, has evolved significantly from its historic function as a railroad-served staging area near the Oceanfront. Historically, the area supported development activities through the storage of construction materials and goods,which contributed to its industrial zoning designation by Princess Anne County and/or the Town of Virginia Beach. • Although the existing building has historically accommodated retail, restaurant, and other commercial uses, such uses are not permitted within the 1-1 Light Industrial District. The proposed rezoning to the RT-3 Resort Tourism District would bring several existing uses into conformance with the current Zoning Ordinance and align the property's zoning with its longstanding commercial character. • No exterior improvements are proposed as part of the application. The existing development complies with the dimensional requirements of the RT-3 Resort Tourism District. • A parking study was submitted in accordance with Section 203 of the Zoning Ordinance, which allows for a reduction in the minimum required parking spaces when a significant number of patrons are expected to arrive on foot, by public transportation, or by bicycle. Although a development of this size would typically require 153 parking spaces, the study supports that the proposed 46 spaces will adequately serve the proposed uses. 13 on-site parking spaces are provided, along with 33 designated spaces in the off-site parking lot directly across 10th Street. Observed demand documented in the parking survey conducted by Kimley-Horn showed a peak parking occupancy of 41 parking spaces.The Parking Study Determination Letter can be found on pages 11 and 12 of this report. Atkinson Holdings, LLC Agenda Item 13 page 2 of 15 Zoning History Map Key No. Request i CUP (Craft Brewery) Approved 04/07/2025 -- CRZ From A-12 to Conditional RT-3 NORFOLK AVE 2 Approved 12/13/1995 CRZ From 61A to Conditional B-2 2 RT3 p 11 03/14/2000 � N 1 1 p R5S �oTM st RT3 RSS Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.,Alternative Compliance Evaluation - • • • The request for a Conditional Rezoning from 1-1 Light Industrial District to Conditional RT-3 Resort Tourism District is, in Staff's opinion, acceptable. As identified in the Comprehensive Plan, this property is located within the Resort SGA and is guided by the Resort Area Strategic Action Plan (RASAP). The RASAP promotes a vibrant, walkable, and economically sustainable resort district that supports both residents and visitors through a mix of commercial, residential, and tourism-related uses. The proposed RT-3 zoning is consistent with these objectives, as it allows retail and restaurant uses that contribute to the pedestrian-oriented environment envisioned for the Resort Area. By supporting neighborhood-serving commercial activity within an established commercial corridor,the rezoning advances the Comprehensive Plan's goal of creating destinations that foster a sense of community while enhancing the visitor experience. The subject property is located within an established commercial node in the Shadowlawn neighborhood and has historically functioned as a mixed-use commercial property containing retail, restaurant, and other customer-oriented uses. While the property's industrial zoning designation reflects the area's historic role as a railroad-served staging and storage area supporting development near the Oceanfront, the character of the surrounding area has evolved substantially over time. Today, the area is characterized by a mix of neighborhood-serving commercial uses and residential development rather than traditional industrial activity. Atkinson Holdings, LLC Agenda Item 13 page 3 of 15 As such, the existing 1-1 zoning no longer reflects the property's longstanding use or the established development pattern in the vicinity. As stated previously, the proposed rezoning would bring several existing uses into conformance with the Zoning Ordinance and align the property's zoning classification with its established commercial character.The request does not include any expansion of the existing building footprint or significant site modifications, and the development complies with the dimensional requirements of the RT-3 Resort Tourism District. Staff finds that the rezoning represents a logical transition from an outdated industrial zoning designation to a district that better reflects both the existing use of the property and the surrounding neighborhood. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle." As required, the Zoning Administrator determined that while 153 spaces are typically required for the proposed uses on the site, the final parking reduction to the minimum number of required parking spaces from 153 to 46 spaces is justified. The Zoning Administrator supports the requested parking reduction from 153 required spaces to 46 spaces based on the unique characteristics of the site, its location, and the findings of the submitted parking study. The property is located within the Resort Area Strategic Growth Area, where the Comprehensive Plan encourages pedestrian and bicycle-oriented development and multimodal transportation options.The site benefits from direct frontage along the Norfolk Avenue sidewalk and is located immediately adjacent to the Norfolk Avenue segment of the Virginia Beach Trail, a 12-mile shared-use path connecting the Norfolk city line to the Oceanfront. These features enhance accessibility for patrons arriving on foot or by bicycle and reduce reliance on personal vehicles. The property is also supported by alternative parking resources, including available on-street parking and a nearby City-owned public parking lot. Furthermore, the mix of uses within the development, including retail, office, restaurant, and indoor recreation uses, creates opportunities for shared parking and varying peak demand periods throughout the day. The approved parking reduction is specific to the uses proposed under this application and would be subject to reevaluation should the site be redeveloped or repurposed in the future. More detailed information can be found in the parking study determination letter provided on pages 10 and 11 of this report. Based on these considerations, Staff recommends approval of this application, subject to the proffers listed below. Atkinson Holdings, LLC Agenda Item 13 page 4 of 15 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The following principal and conditional uses within the RT-3 Zoning District shall not be permitted on the Property: a) Automobile and small engine repair establishments; b) Automobile service stations; c) Bars or nightclubs; d) Boat sales; e) Communication towers; f) Heliports and helistops; and g) Passenger Transportation Terminals. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Information The Comprehensive Plan identifies this site as being located within the Resort Area Strategic Growth Area.The goals for the Resort Area Strategic Action Plan (RASAP) center around creating safe and comfortable places where a sense of community leads to a sense of calm and renewal of energy for visitors and guests alike. (p. 10 RASAP)The RASAP encourages changes to the streetscape that make it more pedestrian and cyclist friendly. Plantings, outdoor dining, outside furnishings, and sidewalk improvements are recommended to meet the plans goals. (p.28, RASAP) ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Atkinson Holdings, LLC Agenda Item 13 page 5 of 15 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Cypress Avenue No Data Available 9,900 ADT1(LOS' "D") There will be no significant change in trip generation by this strip commercial center if this Norfolk Avenue 10,900 ADTI 12,600 ADTI(LOSS "D") application is approved to allow retail businesses. 1 Average Daily Trips 'As defined by a strip 'As defined by a strip 'LOS = Level of commercial center commercial center Service Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Norfolk Avenue is a two-lane minor urban arterial. Norfolk Avenue is not addressed in the MTP, and there are no CIP projects scheduled for Norfolk Avenue in the vicinity of this site. Cypress Avenue in the vicinity of this site is a two-lane local street. This section of Cypress Avenue is not addressed in the MTP. There are currently no CIP projects scheduled for Cypress Avenue in the vicinity of this site. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. ImpactsPublic Utility Water&Sewer The site currently connects to City water and sewer. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. Atkinson Holdings, LLC Agenda Item 13 page 6 of 15 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. Atkinson Holdings, LLC Agenda Item 13 page 7 of 15 Site • • Atkinson Holdings, LLC Agenda Item 13 page 8 of 15 Site Photos e Atkinson Holdings, LLC Agenda Item 13 page 9 of 15 Physical Survey N4NN NOTES. LEGEND: LTH 0 1)THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT 0 property Comer AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT IPF- Iron Pin Found C MAY IPS- Iron Pin Set IIT RB Z AFFECT SAID PROPERTY SHOWN (M-)- MEASURED John E.Lutz D 2) ALTA SURVEY PRO, INC. IS NOT A PARTY IN DETERMINING THE (R-)- RECORD REQUIREMENTS FOR FLOOD INSURANCE N THE PROPERTY SHOWN ■ CMF Conc.Mon.Found 003228 HEREON. �] Light Pole THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WALL OR WILL NOT BE 13 Electric Transformer f9�O SURv LOCAL NOT TO FLOODING. FOR FURTHER INFORMATION, CONTACT THE )K Fire Hydrant 3)REFERENCE DOCUMENTS CQJ Power Pole MB 7 PG 14 INST/20130508000517B70 PLAT DATE 06I25/2025 O(SOURCE OF NORTH) NAD83 MRGINIA SOUTH I--line 2 4)ZONING RESTRICTIONS NOT SHOWN HEREON Conade /! 5)A TITLE REPORT WAS NOT PROVIDED 0) Ai O ® House NAIL 0 WgV 8-154'2. JOB# 2606004� ® De SET t PK 9 3620 ��0.1 608 61.5, _ NORFOC R=HT OF qR/A&L ft NAIL SET PK R IN=1.4' OVERHANG OUT=1.0' b I n O VARIABLE m r c m STORY N=1:6'. m m ��� BUILDING �0.0' \_ cn �\ N Z LOT LOT LOT LOT LOT LOT FIRE W #13 #12 #11 D ENT #10 #9 #8 CONNECTION N N \ W \LU N t INDICATOR O VALVE N OVERHANG ;1) OUT=1.t' y� 2 OUT=0.3' � 150 4' (R-30') -4 NAIL J SET PAVEMENT QI PK ') ONLINE (R-30 C NCRETE a_a_ (R-30') (R-30') (R-30')I _ AIL (M-S 76'0718-W) at 10TH STREET (M- (50'R/W) 150.00') SCALE IN FEET PHYSICAL SURVEY FOR: 0' 10 20 40 1" = 20' ATKINSON HOLDINGS LLC THIS IS TO CERTIFY THAT ON JUNE 25, 2025 THE -LOT 39 PROPERTY SHOWN ON THIS PLAT WAS SURVEYED. THE TITLE LINES AND POSSESSION LINES ARE SHOWN. THE "SUBDIVISION OF SHADOWLAWN BUILDINGS STAND STRICTLY WITHIN THE TITLE AND HEIGHTS" POSSESSION LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY' GPIN: 24270402510000 &ILTA SURVEY PRO 21,671 S.F. 0.497 AC PROFESSIONAL LAND SURVEYING 608 NORFOLK AVE sarvlcea VIRGINIA BEACH , VA 23451 578 N B(rdndr e Rd PMB 186,Nrpinla Bean,Va.,23451 757-38E2207 Atkinson Holdings, LLC Agenda Item 13 page 10 of 15 Parking StudyDetermination CITY OF PLANNING&COMMUNITY DEVELOPMENT V I RG I N I A Zoning Administration V-13- BEACH 2403 Courthouse Drive,Building 3 Virginia Beach,VA 23456 DATE May 21, 2026 TO Atkinson Holdings, LLC Sarah Andros I Kimley-Horn and Associates, Inc. FROM Hannah Sabo,Zoning Administrator SUBJECT Parking Request-608 Norfolk Avenue Atkinson Holdings,LLC, This letter is in response to your request for an administrative parking reduction.According to section 203(b)(11)of the City Zoning Ordinance,the Zoning Administrator can reduce the number of required parking spaces if a substantial number of patrons are pedestrians or arrive by bicycle or alternative modes of transportation. The parking study entitled,"Parking Reduction Request 608 Norfolk Avenue,Virginia Beach,VA"and dated May 13,2026,has been submitted to the Zoning Office. Included in the document is an observed demand study from the existing uses on site. No change in the area of each use is proposed from what is proposed in the study. Following review of the document,I have determined that the proposed reduction to 46 required parking spaces for the above referenced property is approved.The following factors were considered in approving this reduction in parking from 153 required spaces to 46 spaces. • Location within the Resort Area Strategic Growth Area which encourages pedestrian and cyclist friendly development and improvements. • Frontage on the Norfolk Avenue sidewalk and directly across from the Norfolk Avenue portion of the Virginia Beach Trail,a 12 mile long paved shared-use path spanning the City from the Norfolk border to the Oceanfront. • Availability of on-street parking and an adjacent city owned parking lot. • Observed demand documented in the parking survey conducted by Kimley-Horn showing a peak parking occupancy of 41 parking spaces. • Co-location of complementary uses;retail,office,restaurants,and indoor recreation. • 13 on-site parking spaces provided along with 33 designated spaces in the off-site parking lot directly across 10'r'Street. Based on the factors listed above,this development is approved to have 46 required parking spaces to accommodate 4,000 sq ft of retail,1,000 sq ft of office,11,400 sq ft of restaurant,and 2,900 sq ft of indoor recreation.This approval is valid only for the uses as described.Redevelopment or repurposing the site to a new use voids this approval.Should the site increase in size and/or capacity,a new parking (757)385-4621 virginiabeach,gov/planning Atkinson Holdings, LLC Agenda Item 13 page 11 of 15 Parking Study May 21,2026 Atkinson Holdings,LLC Page 2 of 2 study will need to be provided to the Zoning Office for review.If I can be of further assistance,please give me a call at(757)385-8545 or email at HSaboPVBgov.com. Sincerely, Alvlmj� Hannah Sabo Zoning Administrator, City of Virginia Beach (757)385-4621 virginiabeach.gov/planning \Atkinson Holdings, LLC Agenda Item 13 page 12of15 Disclosure DisclosureV CITY OF 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 Atkinson Holdings, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? YesQ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO NoO r,{yes,name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon,Ahern &Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business?YeseNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary,) John T.Atkinson,Jr.,Manager Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(�) If yes,nome the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andjor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, Q Southern Bank&Trust Company cross-co l lateral ization,etc.) Q• Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 Atkinson Holdings, LLC Agenda Item 13 page 13 of 15 SECTIONDisclosure Statement DISCLOSURE SERVICE YES NO SERVICE PROVIDER __.. v Nome eq&andlor individual Accountin ax Return Preparation 0 Architect/Designer/Landscape O T T Jf Architect/Land Planner Construction Contractor • Sarah Andros,Kunley-Hom EngineEr/Surveygr/A ens � � John E.Lust.Aida Suwvey Pro Legal Services l �.� ( E#varrf9aurton..n,E$a,s *$.SWOMryrnen,SLerr,a,C. APPLICANT CERTIFICATION READ:i certify shot oil information containedin this Farm is complete,true,and occurote.I understand that, uP-receipt of notification that the application has been scheduled for public hearing,I am responsible far updating the information provided herein three weeks Prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public b a committee in connection with this appltCation. John T, Atkinson, Manager Applicant Name(Print) plic nt Signature t'Parent-subsidiory relationship'means"a reivgtionship that exists when one corporation direcity or indirectly owns shares possessing more than 50percent of the voting power of another corporation.'See State and Local Govefnment 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,(iF) a controlling owner in one entity is also a controlling owner in the other entity,or till)there is shared manogemenf or control between the business entitles.Factors that should be canxidered in determining the Existence of an ojfiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;ttwre ore common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or perumnelon a regular basis,or there is otherwise a close working relationship between the entities!"See $tote and Local Government Conflict of Interests Act Va.Code§2.2-31 p1. FOR CITY USE ONLY: No changes as of(date): 7/29/2026 Marchelle L. Coleman N____ 7 29 2026 Stall Name(Print) Staff Signature Date Disdosure Statement I rev. May•2024 page 2 of Atkinson Holdings, LLC Agenda Item 13 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Atkinson Holdings, LLC Agenda Item 13 page 15 of 15 NORFOLK AVE RT3 1 N IDS 1�TN SS 1 Site Atkinson Holdings, LLC Zoning 6089 610, 612, 614, 616 Norfolk Avenue 0 Property Polygons and 633, 637, 641 10th Street S Feet 0 10 20 40 60 80 Map created by Planning Department on 7/14/2026 ATKINSON HOLDINGS,LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15t day of July, 2025, by and between ATKINSON HOLDINGS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land located in District #5 of the City of Virginia Beach, containing approximately 21,671 square feet and described in Exhibit"A" attached hereto and incorporated herein by this reference, which parcel is hereinafter referred to as the"Property";and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the Ciq, of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from I-1 Light Industrial District to Conditional RT-3 Resort Tourist District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for GPIN: 2427-04-0251-0000 PREPARED BY: SM SMS.1101JRDON. Prepared by: M AHERN&I.M.P.C. R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C_ 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, it advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE,the Grantor,for itself,its successors,personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or uid M quo for zoning,rezoning,site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns, grantees,and other successors in interest or title: 1. The following principal and conditional uses within the RT-3 Zoning District shall not be permitted on the Property: (a) Automobile and small engine repair establishments; (b) Automobile service stations; (c) Bars or nightclubs; (d) Boat sales; (e) Communication towers; (f) Heliports and helistops;and (g) Passenger Transportation Terminals. PREPARED BY: OM SYKES.ROURDo\. The above conditions, having been proffered by the Grantor and allowed and M9 Al1ER\&I.FtT P.C. accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property 2 and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that; (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority,on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and PREPARED BY: (4) The Zoning Map may show by an appropriate symbol on the map the AM SULS.BOURDON, M AHERN&LLNTY.P.C. existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 3 of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: BIB SYKES.BOURDON. M AIIER&&I.M.P.C. 4 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #13 Atkinson Holdings, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 13,Atkinson Holdings,LLC. Is there a representative here to speak on behalf of this? Welcome back,Attorney Bourdon. Mr. Bourdon: I thought you were doing one at a time. My apologies. Yes, Eddie Bourdon represents Atkinson Holdings, LLC, and again, it's conditional rezoning, and we appreciate the work of the zoning administrator, Ms. Sabo, as well as Marchelle Coleman on the application. Thank you for bringing us on consent. Ms.Byler: Thank you. You may be seated. (The following dialogue reflects the reading of the agenda item into the record, which may not have directly followed the above discussion in this document) Ms.Byler: And now I would ask Commissioner Schoonover to please read Item 13 into the record. Ms. Schoonover: The applicant, Atkinson Holdings, LLC has requested a conditional rezoning from I-1 Light Industrial District to conditional FT-3 Resort Tourist District for 608, 610, 612, 614,616 Norfolk Avenue, and 633, 637,641 1 Oth Street. This rezoning request was placed on the consent agenda. Ms. Byler: Thank you, Commissioner Schoonover. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20,22, and 23. Mr.Plumlee: I just want to note for the record: Item 14, I must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2nd hearings are also on the consent agenda. Ms. Byler: Yes. Mr.Coston: Thank you. To have a motion to approve by consent these items as read,Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items.Are we ready for the vote? Clerk: Before we open the vote, your Wads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 11 to 0,with all aforementioned abstentions,the June 10t', 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting, either virtually or in-person,but you're free to leave. Vote Tally 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 Proffers Proffer 1 The following principal and conditional uses within the RT-3 Zoning District shall not be permitted on the Property: a) Automobile and small engine repair establishments; b) Automobile service stations; c) Bars or nightclubs; d) Boat sales; e) Communication towers; f) Heliports and helistops; and g) Passenger Transportation Terminals. F `_> s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YMCA OF SOUTH HAMPTON ROADS [Applicant] MEMORIAL UNITED METHODIST CHURCH [Property Owner] Conditional Use Permit (Child Daycare) for the property located at 804 Gammon Road (GPIN 1456440761). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: August 11, 2026 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Child Day-Care Facility within an existing church for up to 57 children. The day-care will be operated by a Program Director, with the support of up to 10 staff members. The proposed hours of operation will be from 6:00 a.m. to 6:00 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 grass field to the south of the existing building, no exterior changes are proposed with this request. The proposed outdoor play area will be fully enclosed with a 4-foot-tall white aluminum, commercial-grade fence. ■ Considerations: Staff and the Planning Commission recommend approval of the request as proposed. The Child Day-Care Facility is located within a Type 1 Neighborhood, which focuses on providing a well-landscaped, quiet, and safe setting for single- family homes. Civic uses, such as schools, religious institutions, and parks, may also be found in this Place Type. The use will provide a needed and valuable service to the community and is considered compatible. 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 July 8, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0 with 1 abstention. 1. The hours of operation for the Child Day-Care Facility shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. The proposed outdoor play area shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of a maintenance- YMCA of South Hampton Roads Page 2 of 2 free material, such as aluminum or vinyl plank, and shall be maintained for so long as this Conditional Use Permit is active. 3. The applicant shall maintain a license with the Commonwealth of Virginia for Childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. 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 building as a Child Day-Care Facility. 5. No change of occupancy shall be made in any building or structure unless such building or structure is made to comply with the requirements of the USBC as determined by the building official. A Certificate of Occupancy and an Occupancy Load are required for the building to be used as a place of Assembly and shall be obtained from the Virginia Beach Permits and Inspections Office with approval from Zoning. 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. 6. 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 I Applicant: YMCA of South Hampton Roads Property Owner: M • • Methodist Planning Commission • • i 2026 V_B, CouncilCity • Project Details Request Conditional Use Permit (Child Day-Care Facility) 9 �� �. i Staff Recommendations � s Approval 44, � Staff Planner y P y >E J, t ~E Arianna Low Location tiroN 804 Gammon Road O/,y, �, .. 2 O AUNpE GP/N a R`� y PAR��E"°TAN z .K,y„ k CI CT WcocstockElementary 1456440761 FOaEST�. -- t.OR ¢� °a y:m °D R��,oE £° P Site Size R�aOCx0gOOK ARDSLEY SO N`E R0 o ROYq ENCE RD .t,NBtt me a 6.62 acres "Qa E N�, _�� 90 a w W = A/CUZ cPa_%Ssa rZ�RorQy P° e°tp Jv o Less than 65 dB DNL Watershed Chesapeake Bay SFce Existing Land Use and Zoning District Church/ R-10 Residential Surrounding Land Uses and Zoning Districts ' o North Single-Family Dwelling/R-10 Residential South Sunnyside Square Industrial Office/ B-2 Community Business East Sunnyside Drive Single-Family Dwellings/ R-10 Residential West Gammon Road Single-Family Dwellings/ R-10 Residential YMCA of South Hampton Roads Agenda Item 14 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Child Day-Care Facility for up to 57 children within an existing religious facility on this 6.62-acre R-10 Residential zoned parcel. • The applicant proposes a maximum of 57 children with ages ranging from 6 weeks to 5 years old, with an estimated daily attendance of 50 children. The Building Official, Fire Marshal, and the Department of Education will determine the maximum occupancy for the Child Day-Care Facility. • The Child Day-Care Facility will include an Early Learning Program located within existing classroom space inside the church.This program is designed to promote school readiness, social-emotional development, and foster early learning through a blend of play-based and curriculum-guided instruction. • The proposed hours of operation will be from 6:00 a.m. to 6:00 p.m., Monday through Friday. Drop-off and pick-up times will be on a staggered schedule to avoid traffic congestion. The drop-off window is from 6:00 a.m. to 9:00 a.m., and pick-up is from 3:30 p.m. to 6:00 p.m. The facility will be closed for major holidays. • There will be approximately 8 to 10 staff members operating the facility. This includes one Program Director, along with multiple lead and assistant teachers. • Per Section 203 of the Zoning Ordinance, a Child Day-Care/Education Center requires 1 parking space per 300 square feet of floor area.The 18,099 square foot building requires 60 parking spaces, and the site exceeds the minimum requirement by 35 spaces. • No modifications are proposed to the existing building with this request.The applicant intends to use the existing grass field as an outdoor play area.The play area will be enclosed with a 4-foot-tall white aluminum, commercial-grade fence. YMCA of South Hampton Roads Agenda Item 14 page 2 of 14 Zoning • Ici Map Key No. Request , I—�— T��v CUP (Auto Repair) Approved 03/9/81 R10 1 CUP(Church) Approved 03/25/97ybw�c' 1 -R-10 F� CUP (Church) Approved 05/12/92 R m ,10' 7— � CUP (Auto Repair)Approved 10 � '�— r � 2 04/16/84 'h y, , ,. c 41,0RGPNO AZ 10 u"' �R10 � ar R .. Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ. Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • • The request for a Conditional Use Permit for a Child Day-Care Facility is, in Staff's opinion, acceptable. The property is located within a Type 1 Neighborhood, where civic uses such as schools, churches, and parks are expected to support the surrounding residences.The proposed use is consistent with the Type 1 Neighborhood Place Type, given that it would operate within an existing institutional facility, which is a civic use already recognized as a possible component of this Place Type. As stated previously, the facility will be located within the existing church building. The proposed hours of operation will be 6:00 a.m. to 6:00 p.m. Monday through Friday, so as not to impact any of the church's services or the surrounding residences. Staff does not foresee any adverse impacts to the surrounding properties as a result of the proposed use, and for this reason and those stated above, Staff recommends approval of this application, subject to the conditions listed below. YMCA of South Hampton Roads Agenda Item 14 page 3 of 14 Recommended Conditions 1. The hours of operation for the Child Day-Care Facility shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. The proposed outdoor play area shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of a maintenance-free material, such as aluminum or vinyl plan, and shall be maintained for so long as this Conditional Use Permit is active. 3. The applicant shall maintain a license with the Commonwealth of Virginia for Childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. 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 building as a Child Day-Care Facility. 5. No change of occupancy shall be made in any building or structure unless such building or structure is made to comply with the requirements of the USBC as determined by the building official. A Certificate of Occupancy and an Occupancy Load are required for the building to be used as a place of Assembly and shall be obtained from the Virginia Beach Permits and Inspections Office with approval from Zoning.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. 6. 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. YMCA of SouthHampton Roads Agenda Item 14 page 4 of 14 Comprehensive Plan Information The property is located within a Type 1 Neighborhood, which are mostly lower density areas where single- family homes are the predominant use; civic uses like schools, religious institutions, and parks may also be found in this Place Type" (p. 36, imagineVB 2040 Comprehensive Plan). According to the Comprehensive Plan, the overarching goal of Type 1 Neighborhoods is to provide a well- landscaped, quiet, and safe setting for single-family homes."(p. 175, imagineVB 2040 Comprehensive Plan). Limited civic uses, primarily K-12 schools and parks, are considered appropriate non-residential uses." (p 175, imagineVB 2040 Comprehensive 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. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-No Data Gammon Road No Data Available No Data Available Available Proposed Land Use 3-216 ADT 1 Average Daily Trips 2As defined by a 'As defined by a 4LOS = Level of religious use religious use with a Service child day care facility Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) The roadway is not included in the MTP, and no roadway CIP projects are slated for this area. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. YMCA of South Hampton Roads Agenda Item 14 page 5 of 14 Public Utility Impacts Water and Sewer The site currently connects to city water and sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, July 28, 2026 and August 4, 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 July 27, 2026 • The City Clerk's Office posted the materials associated with the application on the City Council website of clerk.virginiabeach.gov/city-council on August 7, 2026. YMCA of South Hampton Roads Agenda Item 14 page 6 of 14 Proposed Layout �a + .. F � ¢ i - �. Proposed Day-Care Area x, #: a 7 I' Proposed Outdoor Play Area _mow YUlj YMCA of South Hampton Roads Agenda Item 14 page 7 of 14 Proposed Floor Plan MEN'S RESTROOM jLADIE'SRESTROOM KITCHEN (1 TOILET,1 URINAL, ( AND 2 SINKS) AND 1 SINK) qr"Zftlgb b s , :.■ DO IT , YOUTH CHOIR r IBRARY MECHANICAL b-� ROOM ROOM ■ ROOM MECHANICAL a■` ram (ONLY ACCESSIBLE ROOM 29'X18' 29'X18' .•.a !�:r■m FROM BACK r a r •rma ° ry OF{HURCMj mam mr■ � � 11 CHANGING ■a° , J AREA ■ae �cS �cs u—� a0a — - a x13 SUNDAY a a FsUNDAYSCHOOL NURSING/ NURSERY SCHOOL CHILDREN'$ aaa CLASSROOM CRIB OFFICE LIBRARY m0a SACRISTY ROOM � J J ■ 27X18 18X16 :a' 1'X13' m CHILD'S RESTROOM (1 TOILET AND SINK) STORAGE/CLOSETS =REST ROOMS = SPACES AVAILABLE FOR YMCA USE =FIRE EXTINGUISHER SU I =EXTERIOR EXIT YMCA of South Hampton Roads Agenda Item 14 page 8 of 14 Site Photos YMCA of South Hampton Roads Agenda Item 14 page 9 of 14 Site • • p.. Untitled Map LoW'd Write a description for your mep .,<ate ; 804 Gammon Re cx chur" �xN► r' YMCA of South Hampton Roads Agenda Item 14 page 10 of 14 VB_Disclosure Statement BEACH . r s 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 INFORMATION Applicant Name:as listed on application YM /� ' yy e4 fl� Is Applicant also the owner of the subject property? Yes0 No01Q1% if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes 9 NNoo �� If yes,name Representative: "` j — &S is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes�NOO if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant.(Attach list if necessary.) PI✓e> s S �0�k heCce-2e `fic Av1d -�ltz YC -- Does the subject property have a proposed or pending purchaser? Yes No if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(S) 1f 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 ent q and/or individual) Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page I of 3 YMCA of South Hampton Roads Agenda Item 14 page 11 of 14 Disclosure SECTIONAPPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 Architect/Land Planner W _ Construction Contractor 0 Engineer/Surveyor/Agent Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and occurate.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, Ap licant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. z'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the 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): July 21st, 2026 Arianna Low July 21st, 2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 YMCA of South Hampton Roads Agenda Item 14 page 12 of 14 SECTIONDisclosure Statement PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property n application Name: } ( V `�P /] as listed on a lication �l YYl b(��e Y1 i �(y Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noo If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in thp subject land or any proposed development contingent on the subject public action? Yes Q No If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, 0 cross-col late raIization,etc.) ( Real Estate Broker/Agent/Realtor 0 �V(' Accounting/Tax Return Preparation 0 ld1 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 jp( Legal Services 0 �D( 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. Property wner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y 2024 page 3 of 3 YMCA of South Hampton Roads 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. YMCA of�outh—Hampton Roads Agenda Item 14 page 14 of 14 hoe do R10 R10 v R10 z R 41 Mp RG AN TRH R10 � z 0 J Q W � � 3 2� RI 0 62 JT yS/oe SAUN pER R10 cd Sq S OR Site YMCA of South Hampton Roads [1 Zoning 804 Gammon Road w I. Property Polygons s Feet 0 45 90 180 270 360 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #14 YMCA of South Hampton Roads Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 14, YMCA of South Hampton Roads. Property owner, Memorial Methodist Church. Is there a representative here today? Thank you, sir. Please come forward and state your name. Please come forward and state your name. Mr. Rakes: My name is Royce Rakes. I'm with the YMCA, and we agree with everything on your recommendations. Ms. Byler: Thank you. And the conditions are fine. Mr. Rakes: Pardon? Ms. Byler: The conditions are fine with you. Mr. Rakes: Yes, ma'am. Ms. Byler: Okay. Thank you, sir. You may be seated. Mr.Rakes: Thank you, ma'am. (The following dialogue reflects the reading of the agenda item into the record, which may not have directly followed the above discussion in this document) Ms. Byler: Thank you, Commissioner Schoonover. And agenda Item 14. 1 have asked Commissioner Camp to please read into the record. Mr.Camp: Agenda Item 14 is an application by the YMCA of South Hampton Roads pertaining to 804 Gammon Road. The applicant is requesting a conditional use permit to operate a child daycare facility for up to 57 children within an existing religious facility on a 6.62-acre, R-10 residential zoned parcel. The applicant proposes a maximum of 57 children, with ages ranging from 6 weeks to 5 years old,with an estimated daily attendance of 50 children. Drop-off and pick-up times will be on a staggered schedule to avoid traffic congestion. The building requires 60 parking spaces, and the site exceeds the minimum by 35 spaces. No modifications are proposed to the existing building, with no objections received and staff recommending approval. This is moved for approval by the Commission on consent. Ms. Byler: Thank you, Commissioner Camp. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms.Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17,20, 22, and 23. Mr.Plumlee: I just want to note for the record: Item 14,I must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2nd hearings are also on the consent agenda. Ms. Byler: Yes. Mr.Coston: Thank you. To have a motion to approve by consent these items as read,Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items.Are we ready for the vote? Clerk: Before we open the vote, your iPads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 1 I to 0,with all aforementioned abstentions,the June loth, 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting, either virtually or in-person,but you're free to leave. Vote Tally Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Camp X Cromwell X Anderson X Byler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The hours of operation for the Child Day-Care Facility shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. The proposed outdoor play area shall be completely enclosed with a solid structure or fence at least four feet in height and constructed of a maintenance-free material, such as aluminum or vinyl plan, and shall be maintained for so long as this Conditional Use Permit is active. 3. The applicant shall maintain a license with the Commonwealth of Virginia for Childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. 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 building as a Child Day-Care Facility. 5. No change of occupancy shall be made in any building or structure unless such building or structure is made to comply with the requirements of the USBC as determined by the building official. A Certificate of Occupancy and an Occupancy Load are required for the building to be used as a place of Assembly and shall be obtained from the Virginia Beach Permits and Inspections Office with approval from Zoning.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. 6. 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. rye °+ti il� fC4 ffi � is; 4y�.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COASTAL TRAINING LLC [Applicant] CP ROADRUNNERS LLC [Property Owner] Conditional Use Permit (Indoor Recreational Facility) for the property located at 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112, 113 (GPIN 2407758027). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 11, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for an Indoor Recreational Facility to operate a gymnastics and tumbling gym in a 10,000 square foot suite. The business, Coastal All-Stars Cheer & Tumble, has operated on the site as an Indoor Recreational Facility by-right since 2022. While the Zoning Ordinance allows Indoor Recreational Facilities up to 7,500 square feet to operate as a by- right use in the B-2 Community Business District, facilities that exceed 7,500 square feet require a Conditional Use Permit. Since the applicant is proposing to expand the site to 10,000 square feet, the subject request is now required. No exterior changes to the building are proposed, and all required parking is provided on site. ■ Considerations: The proposed use is consistent with the Comprehensive Plan's land use policies for the Hilltop Strategic Growth Area and consistent with the commercial nature of the surrounding properties. The applicant's proposal includes no major alterations to the existing building, and no negative impacts are anticipated as a result of this use. The property is located within the greater than 75 dB DNL noise zone and the APZ-1. The proposed Indoor Recreational Facility is compatible with the provisions of the City's AICUZ Ordinance. 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 July 8, 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 an Indoor Recreational Facility applies solely to 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112, 113. Coastal Training LLC Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Any outdoor lighting installed shall comply with all applicable provisions of the City's Lighting Ordinance, including, but not limited to, the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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 clb City Manager: pho Agenda ••licant: Coastal Training LLCVB� Property Roadrunners Planning • • • i 1 • CouncilCity • Project Details Request Conditional Use Permit (Indoor Recreational MEAD Facility) a nZu' o OW aO �p '.. 1� 2� _.?� h DR i�tlT Y �� yZ ° WISCONSIN GREEN C Staff Recommendation w JJ AVE DR_CA Approval A STATION DR a — 'pS"KS T .A = VIRGIN!A BEA CH BLVD O Staff Planner N t GARDEN OR ,. W �MtCH!GA��AVE '^ Alexis Bailey m ' M OrlO AVE N STREA&Lo/a{ion �_ w aft INDIANA AVE 209 First Colonial Road, Suites 107, 108, 109, 110, EGO DR 111, 112, 113 NEW YORK NEW �NFW YDRK _AVE YORKA GP/N ;TREAMLIN£GR C AVE OCe a SOUTHERN BLVD _..O SOUTHERN .-D a eC LG ``OV7HEi 2407758027 -- — BLVD. , BLVI Site Size 10,000 square feetRSR° A/CUZ Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay E " Existing Land Use and Zoning District Office/ B-2 Community Business Surrounding Land Uses and Zoning Districts - North Athletic complex/ P-1 Preservation South • � ;� . Automobile repair garage/ B-2 Community Business East . First Colonial Road , Vacant lot/ B-2 Community Business `Y� '` " - � West Single-family dwellings/ R-7.5 Residential Coastal Training LLC Agenda Item 17 page 1 of 11 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to operate a gymnastics and tumbling gym in a 10,000 square foot suite on this B-2 Community Business District zoned parcel. • The site is located within the Hilltop Strategic Growth Area (SGA). • The site is located within the greater than 75 dB noise zone and Accident Potential Zone 1 (APZ-1) of the AICUZ. The proposed use of an Indoor Recreational Facility is considered a compatible use within both the noise and accident potential zones. • The business, Coastal All-Stars Cheer &Tumble, has been operating on the site as an Indoor Recreational Facility by-right since 2022.The Zoning Ordinance allows Indoor Recreational Facilities up to 7,500 square feet as a by-right uses in the B-2 Community Business District as the applicant is proposing to expand the site to 10,000 square feet a Conditional Use Permit for an Indoor Recreational Facility is required. • The hours of operation are from 4:00 p.m. to 9:00 p.m. on Monday, 5:00 p.m. to 9:00 p.m. on Tuesday through Friday, 9:00 a.m. to 1:00 p.m. on Saturday, and 12:00 p.m. to 7:00 p.m. on Sunday.There are 5 to 8 employees anticipated per shift. • No exterior changes to the building are proposed. Signage for the use is already in place, as shown in the images provided in this report. • Per Section 203 of the Zoning Ordinance, Indoor Recreational Facilities require 1 parking space per 200 square feet of floor area.The 10,000 square foot suite requires 50 parking spaces, and 58 are provided, thereby satisfying the parking requirement. Coastal Training LLC Agenda Item 17 page 2 of 11 Zoning History 9 i u # Request � � ' � B2 E'2 1 REZ Approved 05/18/2018 MICHIGAN 2 CUP (Auto Repair Garage, Auto Sales, & a — ( AVEI- Bulk Storage Yard)Approved 07/18/2017 APZ CUP (Auto Repair Garage &Auto Sales) _ o 3 R7.5_ R7.5: __.3, r B _ Approved 07/20/2016 O z CUP (Bulk Storage Yard and Auto Repair 4 Garage) Approved 08/13/2013 `r � 00 � CUP (Automobile Repair Establishment) � 2 19 00 ` Approved 04/10/1989 — 2 APZ CUP (Small Engine Repair) Approved — o 11/15/2012 rR75 5 R7.5 0 B2 APZ CUP (Automobile Repair NEW 5 Establishment) Approved 11/07/2011 R5D YORK AVE APZ CUP (Automobile Repair Establishment)Approved 09/01/2010 APZ CUP(Automobile Repair Establishment) Approved 08/17/2010 6 CUP (Motor Vehicle Sales) Approved 09/28/1999 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rent MDC. Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • The request for a Conditional Use Permit for an Indoor Recreational Facility is, in Staff's opinion, acceptable. The proposed use is consistent with the Comprehensive Plan's land use policies for the Hilltop Strategic Growth Area and consistent with the commercial nature of the surrounding properties. The applicant's proposal includes no major alterations to the existing building and, no negative traffic impacts are anticipated as a result of this use. The property is located within the greater than 75 dB DNL noise zone and the APZ-1.The proposed Indoor Recreational Facility is compatible with the provisions of the City's AICUZ Ordinance. Coastal Training LLC Agenda Item 17 page 3 of 11 Based on the considerations above, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. The Conditional Use Permit for an Indoor Recreational Facility applies solely to 209 First Colonial Road, Suites 107, 108, 109, 110, 111, 112, 113. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Any outdoor lighting installed shall comply with all applicable provisions of the City's Lighting Ordinance, including, but not limited to, the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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 Plan Information The site falls within the Hilltop Strategic Growth Area, a Local Center Core Place Type, APZ 1, and is within the Southern Greenway and Innovation Zone case study area. A primary goal of all the Center Place Types "is to design and maintain mixed-use destinations that serve as focal points for business, housing, civic, and cultural activity at varying scales: regional, city, or local" (p. 153, imagineVB 2040 Comprehensive Plan). Additionally, Coastal Training LLC Agenda Item 17 page 4 of 11 recreational uses are recognized as part of the Hilltop land use mix and non-residential mixed-use are recognized as an appropriate land use direction for the SGA (p. 40, Hilltop Strategic Growth Area Master Plan). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Impacts/TransportationTraffic Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use land Proposed Land Use 3- There is no trip generation data 34,800 ADT 1(LOS 4 available for the existing and First Colonial Road 33,700 ADT1 „D„) proposed training facility.The proposed expansion will not have a significant impact on traffic generated by this strip industrial center. 1 Average Daily Trips 2As defined by a 3As defined by a 4LOS = Level of Training Facility Training Facility Service Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) First Colonial Road in the vicinity of this application is considered a four-lane divided major urban arterial. The project site is within the construction limits of the First Colonial Road/Virginia Beach Boulevard Intersection Improvement project. This project will improve the First Colonial Road and Virginia Beach Boulevard intersection with the addition of turn lanes and traffic signalization improvements. This project will include widening areas of First Colonial Road from the 1-264 overpass to 1,000 feet south of Oceana Boulevard from four lanes to six lanes in a 130-foot right-of-way.This project will also include the construction of a multi-use path and sidewalk. Existing aerial utilities will be relocated to a combination of new underground and overhead locations. The project is currently under construction and is expected to be completed in late fall 2026. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Coastal Training LLC Agenda Item 17 page 5 of 11 Public Utility Impacts Water&Sewer There is a 12-inch city water main and an 8-inch city sanitary sewer gravity main along First Colonial Road.The property is already connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. Coastal Training LLCV Agenda Item 17 page 6 of 11 Site • • Coastal Training LLC Agenda Item 17 page 7 of 11 Disclosure Disclosure VIRGINIA BEACH Statement CIfY OF 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 i_ t I E (7 IA I tilzc Is Applicant also the Owner of the subject property? YesCrNoo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No"-" If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeK-)NoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have o parent-subsidiary I or s�affiliated business entity 1 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No. if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesO No , if yes,name the official or employee,and describe the nature of their interest. i i a — — -- — ------------ APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, cross-col late ralization,etc.) V Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 Coastal Training LLC Agenda Item 17 page 8 of 11 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER _(Nam_e entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape q Architect/Land Planner Construction Contractor 0 fYtiif. ��C Engineer/Surveyor/Agent _ Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. �0�! Ak-RIZ(_1 Applicant Name(Orint) A01p icant Sign ature Datd 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or,manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees at-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): 7/21/2026 Z, Alexis Bailey , �T7/�:�'%�l �� iri�i��i 7/21/2026 Staff Name(Print) Staff Signature ! Date Disclosure Statement I rev. May-2024 page 2 of 3 Coastal Training LLC Agenda Item 17 page 9 of 11 Disclosure SECTION - • • DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application G (J � ? tJN tr(L$ t✓L L Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yese)N.0 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant.(Attach list if necessary.) 1PA-tw0 CC1—L4S9 tAr-4 -X-. Does the subject property have a proposed or pending purchaser? Yes© Nol' J If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes,name the official or employee,and describe the nature of their interest. _ --------.-_ PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER — Name entity and/or individuate Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0- Accounting/Tax Return Preparation 0 0— Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor....---.-,,-_ © 0 Engineer/Surveyor/Agent i® _ Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that ail information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public bad/or committee in connection with this application. 2,16 Property Owner Name(Print) Property Owner Sign`Aure Da e Disclosure Statement I rev. May-2024 page 3 of 3 • Coastal Training LLC Agenda Item 17 page 10 of 11 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. Coastal Training LLC Agenda Item 17 page 11 of 11 B2 MICHIGAN AVE Oceana Athletic Park P1 R7a5 � °==- ° p B2 Z D r z _ — INDIANA '►-,Oc, AVE B 2 g `��4ti O ����, r7R 77.5 0 _t Site Coastal Training LLC p zoning 209 First Colonial Road, Property Polygons Suites 107, 10$9 109, 1109 111 , 112, 113 Feet 0 45 90 180 270 360 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #17 Coastal Training, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 17, Coastal Training, LLC, Property Owner CP Roadrunners, LLC. Good afternoon, ma'am. Please state your name for the record. Ms. Stogner: My name is Christy Stogner. I'm one of the co-owners of Coastal Training LLC, and I'm the applicant. Ms.Byler: Thank you for coming today. Are the conditions acceptable to you? Ms. Stogner: Yes,they are. Ms. Byler: Thank you. You may be seated. (The following dialogue reflects the reading of the agenda item into the record, which may not have directly followed the above discussion in this document) Ms.Byler: Thank you, Commissioner Camp. And agenda Item 17, I've asked Commissioner Plumlee to please read into the record. Mr.Plumlee: Thank you,Vice Chair Byler. The applicant, Coastal Training,LLC and Property Owner CP Roadrunners, LLC for the property 209 First Colonial Road, have requested a conditional use permit for an indoor recreational facility for gymnastics and tumbling, and this time it's been an operation for many years, 7,500 feet. It's now going to expand to 10,000 square feet. The applicant has consented to all conditions. Staff has recommended approval, and so the Planning Commission believed it appropriate to place on the consent agenda. Ms. Byler: Thank you, Commissioner Plumlee. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20, 22, and 23. Mr.Plumlee: I just want to note for the record: Item 14,1 must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2nd hearings are also on the consent agenda. Ms. Byler: Yes. Mr. Coston: Thank you. To have a motion to approve by consent these items as read, Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items. Are we ready for the vote? Clerk: Before we open the vote, your iPads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions, the June loth, 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, either virtually or in-person, but you're free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hippen X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The Conditional Use Permit for an Indoor Recreational Facility applies solely to 209 First Colonial Road,Suites 107, 108, 109, 110, 111, 112, 113. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Any outdoor lighting installed shall comply with all applicable provisions of the City's Lighting Ordinance, including, but not limited to, the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 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. r Z7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE MERRILL WARNER & SHARI ELAINE WARNER [Applicants & Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 4317 Ben Gunn Road (GPIN 1479894357). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: August 11, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to rehabilitate small mammals, specifically squirrels, rabbits, and opossums within an attached garage and a bedroom of the existing dwelling. The proposal includes providing care to no more than 8 animals, for up to 12 weeks at a time. Release of animals will not be permitted on or near the subject site. ■ Considerations: The Home-Based Wildlife Rehabilitation Center is located within a Type 1 Neighborhood, which supports a well-landscaped, quiet, safe setting for single- family homes, while protecting, restoring, and enhancing the Shore Drive Corridor. The use is limited in scope and will remain secondary to the primary single-family residential use of the property, preserving the neighborhood's character, and is considered compatible. Wildlife rehabilitation activities will occur entirely within the dwelling, with adequate internal containment. The applicant will adhere to the requirements of Section 242.3 of the Zoning Ordinance. The proposed conditions ensure the use remains safe, appropriately confined, and low intensity. Two letters of opposition were received stating concerns related to the applicant feeding ducks and squirrels within the neighborhood. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 8, 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. This Conditional Use Permit only permits rehabilitation of squirrels, rabbits, and opossums. 2. No wildlife shall be released on the subject property. Steve Merrill Warner & Shari Elaine Warner Page 2 of 2 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO), as amended, pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 8 animals shall be housed at this property at any given time. 6. Animal waste shall be removed daily and disposed of in a lawful manner. 7. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. 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 Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa rtment/Agency: Planning Department City Manager: Agenda Item 20 Applicant & Property Owner: Planning Commission • 1 • VB, CouncilCity • Project Details Request Conditional Use Permit (Home-Based Wildlife o �, Rehabilitation) =°t�aKO a �TRD; Staff Recommendation Approval WE«s 'OINT. Q1Q' RO; .,�p,��cD Staff Planner Arianna Low Location 4317 Ben Gunn Rd taws s FgRo �, Vea cy m e GPIN FS,Ro; yea 4° =o VFpgR 1479894357 Site Size ;s _ m 12,477 square feet - s„oaEox AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-Family Dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North Ben Gunn Road Single-Family Dwelling/ R-10 Residential vQ South Single-Family Dwelling/R-10 Residential East Single-Family Dwelling/ R-10 Residential West Single-Family Dwelling/ R-10 Residential Steve Merrill Warner & Shari Elaine Warner Agenda Item 20 page 1 of 13 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Center within an existing single-family dwelling on a R-10 Residential zoned parcel. • The applicant is proposing to rehabilitate small mammals, specifically, squirrels, rabbits, and opossums. No rabies vector species will be kept on the premises at any given time. The animals will be kept in appropriate enclosures within both an attached garage and a bedroom. The animals will also have access to an acclimation enclosure located in the backyard; however, they will not be permitted to roam freely outdoors. • Care of the animals will not surpass eight at a time, which is the maximum amount the applicant believes can be accommodated on site. The animals may be on the property for up to 12 weeks. • No modifications to the existing single-family dwelling are proposed for this use. • The applicant is working to obtain a Category I Wildlife Rehabilitator License under the supervision of their current Category II sponsor. • The applicant will receive animals from the Category II sponsor, who will transport them to the residence in a proper animal carrier. Once the animals are rehabilitated and stable,they will be transported back to the Category II sponsor and then released. Animals will not be released on or near the subject property, nor will animals be accepted from the public without the approval or referral of the sponsor. Steve Merrill Warner&Shari Elaine Warner Agenda Item 20 page 2 of 13 Zoning History No Zoning History to Report i �. R10(SD) 0NQ`N IRaa(sD) R10{SD) F�'+0 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 In Staffs opinion, the request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Center is acceptable. The site is within a Type 1 Neighborhood Place Type, where such a use is considered compatible provided it remains low-intensity, clearly secondary to the residential use of the property, and does not create impacts inconsistent with the surrounding neighborhood or the Shore Drive residential setting. The limited scope of the operation supports these objectives, as the property would continue to function primarily as a single-family residence and maintain its current intensity. Housing rescued wildlife within the attached garage and a bedroom provides adequate screening and buffering from adjacent properties, helping ensure the use remains aligned with the Plan's principles. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities. In Staff's opinion,this use will not be detrimental or negatively impact adjacent properties. The conditions ensure that the use will occur entirely within the home and remain at an appropriate intensity in the future. Based on the considerations above, Staff recommends approval of this request, subject to the conditions below. Steve Merrill Warner & Shari Elaine Warner Agenda Item 20 page 3 of 13 Recommended Conditions 1. This Conditional Use Permit only permits rehabilitation of squirrels, rabbits, and opossums. 2. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO), as amended, pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 8 animals shall be housed at this property at any given time. 6. Animal waste shall be removed daily and disposed of in a lawful manner. 7. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. 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 This property is located within the Shore Driver Corridor Overlay District, and Type 1 Neighborhood. According to the Comprehensive Plan, the overarching goal of Type 1 Neighborhoods is to provide a well-landscaped, quiet, and safe setting for single-family homes (p. 175, imagineVB 2040 Comprehensive Plan), to protect, restore and enhance the Shore Drive Corridor to reflect the area's unique character as a residential community Steve Merrill Warner &Shari Elaine Warner Agenda Item 20 page 4 of 13 (p. 15, Shore Drive Corridor Plan), and ensure that non-residential uses are compatible with adjacent residential areas (p. 15, Shore Drive Corridor Design Guidlines). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts re I r e as esen C p t fG r ker 46 T is y Existing Land Use - 10 ADT Ben Gunn Road No Data Available No Data Available Proposed Land Use 3-No Data Available 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of Single-Family Home-Based Wildlife Service Dwelling Rehabilitation Facility Master Transportation Plan (MTP)and Capital Improvement Program(CIP) Ben Gunn Road is a two-lane local residential street. The roadway is not included in the MTP and no roadway CIP projects are slated for this area. Active Transportation Plan (ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public Utility Impacts Water and Sewer The site currently connects to city water and sewer. There is an existing 6-inch city water main along Ben Gunn Road. There is an existing 8-inch city sanitary sewer gravity main and an existing 6-inch city sanitary sewer force main along Ben Gunn Road. Steve Merrill Warner &Shari Elaine Warner Agenda Item 20 page 5of13 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026 and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,July 28, 2026 and August 4, 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 July 27, 2026 • The City Clerk's Office posted the materials associated with the application on the City Council website of clerk.virginiabeach.gov/city-council on August 7, 2026. Steve Merrill Warner &Shari Elaine Warner Agenda Item 20 page 6of13 Proposed Layout ax Proposed Rehabilitation Areas Proposed Outdoor " Acclimation Enclosure t� l� c �a Steve Merrill Warner &Shari Elaine Warner Agenda Item 20 page 7 of 13 Proposed Floor Plan 0, Wd ®k 20 45 51 17 14 2SFr � 1 s Fr 3L4 C 2E 30 7 1178 � �s3s 1 s Fr 14 8 Fr G 14 17 21 �,��� 12 14 5 25 7 QFP26{2 4317 BEN GUNN RQ Steve Merrill Warner &Shari Elaine Warner Agenda Item 20 page 8of13 Site Photos 9 r -. i fff �j Steve Merrill Warner &Shari Elaine Warner Agenda Item 20 page 10 of 13 Disclosure Statement wDisclosure BEACHCITY 0i VIRGINIA Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards,commissions, or other bodies. SECTION APPLICANT APPLICANT INFORMATION Applicant Name; as listed on application Steve&Sheri Warner Is Applicant also the Owner of the subject property? Yes(F)Noo If no,Property Owner must complete SECTION.?:PROPER I OWNER plSCLOSURE(page 3). Does Applicant have a Representative?Yes©N,(F) If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNoe If yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No • if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes,name the official or employee and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated or)the property. The name of the entity andjor individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO — SERVICE PROVIDER (Name entice andlor individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) �..:� Real Estate Broker/Agent/Realtor Q Disclosure Statement I rev. May-2024 page 1 of 3 Steve Merrill Warner & Shari Elaine Warner Agenda Item 20 page 11 of 13 Disclosure SECTION 1: APPLICANT DISCLOSURE contintied SERVICE YES NO SERVICE PROVIDER Name entity andJor individual) Accaunting/Tax Return Preparation 0 ArchiiCctft7esignerflandscape _ O Architect/Land Planner Construction Contractor_ Q Engineer/Surveyor/Agent 0 0 _. Legal Services 0 APPLICANT CERTIFICATION READ:i certify that all information contained in this form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing, 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. Steve Warner _ _.__ z . . Applicant Name(Print) _ Applicant Signature Date t'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2";affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the 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): July 21st 2026 Arianna Low ,cQ4�� July 21st, 2026 Staff Name(Print) Staff Signature Bate Disclosure Statement I rev. May-2024 page 2 of 3 Steve Merrill Warner & Shari Elaine Warner Agenda Item 20 page 12 of 13 • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Steve Merrill Warner&Shari Elaine Warner Agenda Item 20 page 13 of 13 f i ,J ,f f i f� R10(SD) eFti cG� ��o R�1,p f f' ,r f f� QM site Steve Merrill Warner & Shari Elaine Warner zoning 4317 Benn Gunn Road [� Property Polygons Feet 0 10 20 40 60 80 Map created by Plannina Der)artment on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #20 Steve Merrill Warner and Shari Elaine Warner Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 20, Steve and Shari Warner,property owners. Is there anyone here to speak on this today? Thank you. Please come forward and state your name. Ms. Warner: Good afternoon. I am Shari Warner. I reside and own at 4317 Ben Gunn Road with my husband, Steve Warner. Ms. Byler: Are the conditions acceptable to you? Ms.Warner: Yes. Ms. Byler: Thank you. You may be seated. Ms. Warner: Thank you. Ms. Byler: And I've asked Commissioner Moorjani to read this into the record. Ms. Moorjani: The applicant, Steve and Shari Warner at 4317 Ben Gunn Road are requesting a conditional use permit to operate a home-based wildlife rehabilitation center within an existing single-family dwelling. The applicant is proposing to rehabilitate small mammals, specifically squirrels,rabbits,and possums.No rabies vector species will be kept on the premises at any given time. The request for a conditional use permit for a home-based wildlife rehabilitation center is acceptable in the eyes of the Planning Commission, as well as staff. Noting the letters that came in about the feeding of the ducks that we can't address within this process,we find it acceptable to place 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. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20, 22, and 23. Mr.Plumlee: I just want to note for the record: Item 14,I must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2°d hearings are also on the consent agenda. Ms. Byler: Yes. Mr. Coston: Thank you. To have a motion to approve by consent these items as read,Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items. Are we ready for the vote? Clerk: Before we open the vote, your iPads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 11 to 0,with all aforementioned abstentions, the June IOth, 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda,your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation, and you may remain in the meeting, either virtually or in-person, but you're free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT O 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. This Conditional Use Permit only permits rehabilitation of squirrels, rabbits, and opossums. 2. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO), as amended, pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 8 animals shall be housed at this property at any given time. 6. Animal waste shall be removed daily and disposed of in a lawful manner. 7. All animals shall be properly and humanely contained within cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. 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. Outlook Re: Conditional permit for Wildlife Rehab at 4317 Ben Gunn Rd From Linda Farlow-Bell <farlowbell@aol.com> Date Mon 7/6/2026 4:18 PM To Arianna Low <ALow@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I'm responding to the permit for wildlife at the residential home of the Warners. I am across the street w a pool and two small golden doodles. Every day two ducks fly over to use my pool, which makes me worry about disease for those swimming. Also I now have peanut shells in my house from I understand the Warners feeding ducks and squirrels. They have begun w/o a permit! I am not in favor of this progressing as it will lead to upsetting the natural habitat of our community. Thank you. Linda Bell Sent from the all new AOL app for iOS Outlook Conditional Use Permit - Re 4317 Ben Gunn Rd (Steve and Shari Warner From Karen Lehman <lehmankk@yahoo.com> Date Mon 7/6/2026 12:07 PM To Arianna Low <ALow@vbgov.com> CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Arianna, I am writing to voice my concerns regarding the Conditional Use Permit for Home-based Wildlife Rehabilitation at the Property address of 4317 Ben Gunn Rd. am very concerned about this permit as currently we have a nuisance on our hands as neighbors. The Ducks and Squirrels are being fed all the time. The squirrels are burying all the peanuts they are given in all of the neighbors and my flower beds, etc. Additionally, all the ducks congregate over at their house because they are being watered and fed. This is causing problems in that the ducks come through my yard about every morning and throughout the day either walking or flying over to go to 4317 Ben Gunn. They are not afraid of the people and will walk right past me within 2 ft and not even flinch. This is not normal, and I see it as a potential health risk to all of us. Besides that, the ducks poop all over and it is a mess. would be ok if the Warners get a conditional use permit ONLY IF they quit feeding all the squirrels and ducks. Given that the wildlife would be in cages and inside their fence or house it wouldn't bother any neighbor I don't think. However, as the current situation is, all the neighbors are impacted negatively with an increased number of squirrels and ducks coming around. Thank you for considering this information. From a Concerned neighbor Karen Lehman 4308 Ben Gunn Rd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Major Entertainment Venue Signs for the property located at 1016, 1093, 1045 19th Street (GPINs 2417661204, 2417765489). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 11, 2026 ■ Background: The City of Virginia Beach is requesting to install Major Entertainment Venue (MEV) signs at the Virginia Beach Sports Center, located in the Resort Strategic Growth Area and adjacent to the ViBe District. The 285,000-square-foot facility serves as a regional sports-tourism destination, hosting tournaments and large- scale sporting events. The on-site surface parking lot has 1,110 parking spaces and spans across the two parcels with multiple access points along 19t" Street and Virginia Beach Boulevard. The City of Virginia Beach's Public Works Department seeks to establish a coordinated wayfinding and identification signage package for the Sports Center to provide clear site identification to guests. The Major Entertainment Venue sign application type was introduced to the City's Zoning Ordinance in 2016 to allow for flexibility of signage types for larger projects beyond what is permitted by the existing code. The current request includes a monument sign at the corner of Birdneck Road and 19t" Street, three pylon signs at main entrances of the parking lot, a landscape bed sign, two interchangeable banner signs, and utility/light pole- mounted banner signs surrounding the property. ■ Considerations: Section 218(d) of the City Zoning Ordinance details the criteria to be used by City Council in its review of Major Entertainment Venue signs, including the applicable sign regulations for the district, the Comprehensive Plan, compatibility with surrounding properties, the impact on traffic safety, and the integration into a unified development concept. The proposed signage meets the intent of the MEV application type and is consistent with the standards set forth through the ordinance. The size of the Virginia Beach Sports Center property is much larger than a typical commercial lot found in the Resort Area; therefore, larger and more frequent signage is reasonable and acceptable. While one speaker signed up in opposition at the Planning Commission hearing, that individual was not present at the time the item was heard. City of Virginia Beach Page 2 of 2 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan package created by Kimley-Horn, entitled "Virginia Beach Wayfinding Interim Improvements" and dated June 29, 2026, including the shop drawings created by Talley Sign Company and dated January 20, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department elf- City Managet:/'�/ O Agenda A•• of Property • of Planning Commission ' • i • VB' City Council District: District • Project Details FLFMINGDRfGyQ 24tH SlF St9 t2 O o ti CT 'O 23RO Vk m 23 WATE O z z- MARABOU �A(rF S'Rp u 3R0 51 y. DR RFRONT? u o O m LN PINE EST r 2 ALF 51 n Request w aY O z TOPS CT, 2 22NOH 51 Major Entertainment Venue Signs ?NERFRONT NQ E Y 22ND 2�N0 A`f SS F T m OLO VCHGRDQ� MA SIO UJ u w F EL 4 V P '< 22 5S 5.1 51 T Staff Recommendation ?ZTRAGE BEA ¢�O m 26' m Q MSt y Approval 2&4 a AN w 1� "� 26� T s TPA(E LN w=266 � EDF m o 201 Ham' m xo yL ROC Staff Planner AMF RICUS GOROO .. ,9"51 �AF HAL H 1,H AVE N/ALN0� A ,BSii S 1 Laine Harrington J=3 p CARVERK w � iFOLNER Location AVE Y O i tt m 5th'HA F ➢ STL tGINIA BEACH B(VO 3 u u w v -.v 51 1 m 51 1016, 1093, 1045 19th Street y 2 GPIN mp,..�D P� s1 „1H5T m q N .. O= WXORMA t' RIVER ax `t pS`'OP m 131 LAKcW�iFL a Q ` ` BIRC24176612040000, 24177654890000 CANY0,yR NFNYA}2?,ALF W j u o AT1-P�Oa SA"T OI UY S C UAp/HFLYOOD[ Site Size o SOUTHERN BLVDm� U O'C QA-Rj5 B DES- ,-. RUOr D IAY NORFOLR A\ 33.S acres o CO y WAY WL� Q CT ` P p1H 51 1 AICUZ OKSON STN GS F e P d HS x z gTHs v t er OP SF Fj. yd• GC'YC F.VO WAT m m O 91H 51 �p A•1E 70-75 dB DNL, Greater than 75 dB DNL BURFDP Sr9 '�F ys�P �, M1ARY,PVF 61PRYLA Watershed ~ MAXIMUS oio v Fa v ti ;a !'•w/Nl Atlantic Ocean �w Q�wiZ� 'SjF Q�ti o 6Q •Ro c m♦¢51 ExistingLand Use and Zoning District 9 Indoor Recreation Facility/OR Oceanfront Resort 2s�a U��PApRroy tys �,, Surrounding Land Uses and Zoning Districts o NorthgERICUS 0,2 19�H'Symp 18tN ,T/ N GU 19th Street m�Z WA -.�e�v° �c• Hotel, Multi-family dwellings, Virginia Beach Convention Center A-36 Apartment & OR v R1&NAti ,. Oceanfront Resort .. �STM��T�, V7 South �rTN�'�411 Virginia Beach BoulevardHAsg�mt ' Retail, Eating and drinking, Auto Service Station, Mobile home park/ B-2 Community Business & RT- - 3 Resort Tourist East Municipal buildings, Eating and drinking, Personal service/OR Oceanfront Resort West Birdneck Rd Religious use/OR Oceanfront Resort City of Virginia Beach Agenda Item 21 page 1 of 28 Background & Summary of Proposal • In July of 2018, the Virginia Beach Sports Center was approved by the City Council as a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code build-to zone requirement. The 285,000 square foot facility serves as a regional sports-tourism destination, hosting tournaments and large-scale sporting events. The on-site surface parking lot has 1,110 parking spaces and spans across the two parcels with multiple access points along 19th Street and Virginia Beach Boulevard. • The City of Virginia Beach's Public Works Department seeks to establish a coordinated wayfinding and identification signage package for the Sport Center, to provide clear site identification and event visibility to guests.This Major Entertainment Venue Signage request is for signage that exceeds the size and number permitted by the Oceanfront Resort District Form-Based Code. The request includes one monument sign, three pylon entry signs, one large-format pedestrian landscape sign, interchangeable banner signage, and interchangeable street light pole banners. • The sign locations and descriptions are as follows: 1. Monument Sign: Located at the southeast corner of 19th Street and Birdneck Road, the proposed monument sign has approximately 122 square feet of sign area, with an overall height of just over 9 feet, and a total length of approximately 29 feet. The sign will consist of an aluminum cabinet with internally illuminated reverse channel letters. 2. Landscape Sign: Located on the sidewalk of the primary pedestrian entrance to the Sports Center, the landscape sign will be five individually mounted icons placed within an existing landscape bed. The icons consist of the Sports Center logo and letters that spell "VBSC". The signage will be 4 feet tall and centered atop the existing concrete wall located within the landscape bed. 3. Pylon Signs: Located at three primary drive entrances to the surface parking lots, the pylon signs will be 2 feet, 8 inches wide and 7 feet tall. The signs will consist of fabricated aluminum cabinets and internally illuminated graphics/letters. 4. Banner Signs: Located in front of the main entrance to the Sports Center, the interchangeable banner sign poles will be 15 feet tall, and the banners will be tied at all 4 corners to the aluminum poles. The intent of the banner signs is to provide flexible advertising opportunities for the events held at the Sport Center; therefore the actual banners will vary in size and design. 5. Light Pole Signs: Located along the 191h Street and Virginia Beach Boulevard frontages, the light pole banner signs will depict the Sports Center branding graphics or promote a current event. The banners will maintain a 1S-foot clearance from the ground. City of Virginia Beach Agenda Item 21 page 2 of 28 Zoning • -CiGv-viRGiNFq 1iN� Hs u y y51 r� Map Key No. Request eE� MEV (Sports Center & Convention 161, OC Aq 20 i4 264 FR 2 _ Center Signs) Approved 11/12/2019 CIR �� ( R-OR) 5X ALT (Sports Center) Approved 7/0- r-"A1.2 1 3/2018 MERlCt7 %�'/� Q ALT(Sports Arena) Approved 00�VLEJR FOR(STROR +j vE� TK; 3/17/2025) :ooM 2 STC(Jefferson Avenue) Approved ,KWy 132M tF', NP 10/04/2005 B2 ; Al2 15 � 5 �" jp 51 Q� STC(Monroe Avenue) Approved 0 pt� 3 ORE,— A o = POST-.� - 10/04/2005 y I LN Op RD 4 STC(Washington Avenue) Approved KFNYq Q�F��q aN•ris /"� a� s.. n 10/04/2005 STC(Norfolk Place) Approved Application Types 5 10/04/2005 CUP: MDC: Modification of STC(alley east and west of Parks Conditional Conditions 6 Avenue between 1811 St and 19th St) Use Permit MDP: Modification of Proffers Approved 10/04/2005 REZ: NON: Nonconforming Use STC (Parks Avenue) Approved Rezoning STC:Street Closure 10/04/2005 CRZ: FVR: Floodplain Variance CUP(Church parking lot expansion) Conditional ALT. Alternative Compliance 8 Rezoning Approved 12/03/2002 g SVR:Subdivision Variance STC(alley between Virginia Beach LUP: Land Use Plan 9 Blvd and 181h St) Approved STR:Short Term Rental 01/12/1999 10 REZ(RT-3 to A-36) Approved 9/28/1999 NON (Mobile Home Park) Approved 6/22/1993 CRZ (A-12 to Con. B-2) Approved 10/10/02 11 CUP (Bulk Storage Yard) Approved 10/10/02 MDP (Modification of Proffers) Approved 2/10/04 MDC (Modification of Conditions) Approved 2/10/04 12 MDC (Auto Service Station) Approved 5/10/2011 13 ALT(Outdoor Assembly Use & Open- Air Markets)) Approved 8/20/1999 City of Virginia Beach Agenda Item 21 page 3 of 28 Evaluation • • • Section 218(d) of the City Zoning Ordinance provides the Review Standards to be used by the City Council in its review of Major Entertainment Venue (MEV) signs, noting that the City Council "shall consider the following criteria in acting upon an application." 1. The extent to which the proposed signage is consistent with the intent of the Oceanfront Resort District sign regulations, as expressed in Sec. 8.1.1, and the Oceanfront Resort District Design Guidelines. Staff Comments: Although the overall scale and number of signs exceed by-right allowances, the package is intentionally limited to static signage only and contributes to the overall guest experience by establishing a consistent and cohesive wayfinding experience. The total site area and street frontages for the Sports Center are significantly larger than a typical lot in the Resort Area; therefore, larger signage that is more frequently placed along the street is necessary. The comprehensive sign package encourages a harmonious appearance between the signs and their surroundings and contributes to a high-quality visual environment that protects the ability of owners to identify their establishments, as stated in Sec. 8.1.1. Although the proposed freestanding signs are slightly larger than what is recommended in the district's design guidelines, the goal of the signage is to provide clear direction for visitors to locate the Sports Center. The signs are constructed out of materials that complement the building structure and are opaque with non-reflective materials as recommended by the guidelines. The signage meets the recommendations for legibility, materials, color, and individual illumination. 2. The extent to which the proposed signage is consistent with the recommendations of the Comprehensive Plan. Staff Comments: The Sports Center serves as a significant civic and economic asset within the City, supporting tourism, recreation, and regional activity. The proposed signage reinforces these goals by enhancing wayfinding, improving visitor experience, and supporting safe and efficient circulation for both vehicles and pedestrians. The signage is designed to establish a clear sense of arrival and identity appropriate to a destination facility, aligning with Comprehensive Plan goals related to economic vitality, placemaking, and visitor-oriented development. 3. The extent to which the scale, color, materials, shape, illumination, and landscaping of the proposed signage, considered as a whole, are compatible with surrounding properties. Staff Comments: The signage has been designed as a cohesive and coordinated system, using a consistent palette of materials, scale, and character that aligns with the architectural and landscape context of the Sports Center campus. Monument and pylon signage is concentrated at primary access points, while landscape signage and banners are placed closer to pedestrian-oriented areas near the building frontage. This proposal limits visual clutter, maintains appropriate transitions at the site perimeter, and ensures compatibility with adjacent properties and rights-of-way. City of Virginia Beach Agenda Item 21 page 4 of 28 4. The impact of the proposed signage on traffic safety, taking into consideration the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and other safety-related factors. Staff Comments: The signage locations have been selected to provide clear and legible wayfinding while minimizing distractions and avoiding conflicts with traffic operations.The signage is static, non-flashing, and internally illuminated, reducing potential impacts to drivers. Sign placement has been coordinated with site access points and pedestrian circulation patterns to enhance clarity and reduce confusion for visitors arriving during both daily operations and large-scale events. Public Works Traffic Engineering verified that the locations of the monument and pylon signs do not conflict with site distance requirements. 5. The degree to which the proposed signage is integrated into a unified development concept, considering the building design, other signs, landscaping, traffic circulation, and other development features of the neighboring property, the frontage in which the venue is located, and the District as a whole. Staff Comments: All proposed signage elements are part of a single, unified sign plan intended to function cohesively across the entire Sports Center campus. All the signs, except for the interchangeable banner signs, include the same graphics, color scheme, and font. Based on Staff's conclusion that the proposed MEV signs satisfy the standards above to the greatest extent possible, staff recommends approval of this request. Recommended Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan package created by Kimley-Horn, entitled "Virginia Beach Wayfinding Interim Improvements" and dated [begin striketh rough]May 1, 2926[end strikethrough] June 29, 2026, including the shop drawings created by Talley Sign Company and dated January 20, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development. 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 City of Virginia Beach Agenda Item 21 page 5 of 28 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 location of the Sports Center to fall within the Resort Area SGA. Under the imagineVB 2040 Comprehensive Plan, the site is in a Regional Center Edge Zone. Multiple signs for a single enterprise are more effective visually when they are coordinated (p. 49, Design Guidelines). A comprehensive wayfinding system and consistent signage design will encourage more bicycle and foot traffic around the Resort Area by connecting people to places and destinations regardless of their familiarity with the street and path network (p. 19, Resort Area Mobility Plan). Signage should be compatible not only with the building on which it is located, but with the scale and character of other signage in the immediate vicinity (p. 49, Design Guidelines). Well-designed signs that communicate their message clearly will help to maintain a quality visual environment in the Resort Area (p. 46, Design Guidelines). 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. City of Virginia Beach Agenda Item 21 page 6 of 28 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic 25,100 ADT 1(LOS a Existing Land Use z— N/A 19th Street 3,000 ADT' „ D ) Proposed Land Use 3-N/A Virginia Beach 8,200 ADTl 25,100 ADT 1(LOS 4 Existing Land Use 2-N/A Boulevard 111)„) Proposed Land Use 3-N/A 32,700 ADT 1(LOS 4 Existing Land Use 2-N/A Birdneck Road 26,300 ADTl D„) Proposed Land Use 3-N/A 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS = Level of Sports Center Facility Sports Center Facility Service Master Transportation Plan (MTP)and Capital Improvement Program (CIP) There are no Master Transportation Plan or Capital Improvement Program comments related to this request. Active Transportation Plan (ATP) There are no Active Transportation Plan comments related to this request. Public Utility Impacts Water The site is connected to City water. Sewer The site is connected to City sanitary sewer. M City of VirginiaBeach) Agenda Item 21 page 7 of 28 Public • • Planning Commission • The applicant's representative met with the Resort Advisory Commission (RAC) Planning, Design, and Review Committee (PDRC) on June 2, 2026 to discuss the details of the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. City of Virginia Beach Agenda Item 21 page 8 of 28 • Layout Ndld`JNIQNIJAb'M SlN3W3A08dW1WRl31Ni •J Aa�wr�uaoN<« 9 �p MONI3AVMHOY38VN31°JNIA x d V x TT O O t z C w� •tl PAVMON DR s (_v Y, 1 FF a,a City of Virginia Beach Agenda Item 21 page 9 of 28 Existing Conditions SNOUIGNOD L 4 _ SLN3W3AOHdWi WR731M WOHK(JL3iWI}� `JNIISIX3 °DMOMlkVM 3Y39VJW-)HIA i i 1 ,q I _ i f i 3 f i I f � I i ------- City of Virginia Beach Agenda Item 21 page 10 of 28 Interchangeable Light Pole Banner Signs let, is f fit IN City of Virginia Beach Agenda Item 21 page 11of2Q Landscape N SWAG ONIONUA SLN3w3AOHdhirOM umH(((AMwDNj PAGNIJAWNW38YINOW AJ U fSi E3 t 4�i► _ .w City of Virginia Beach Agenda Item 21 page 12 of 28 � 3 1 V I R G I N I A B E A C N �� SPORTS CENTER" , oil O►TIDN A-ECEVATIM OPTION A•SECTION t�t Jlu I Ll 777 low LIFPIPE CRADLE z z ILL jOPTION A•FRAME .,-..,..�.......�....-....�-.. a CMONVMENT SHIN-ROTERNAt1Y UT Q> V I �Z D -h ' _ a � C CP-503 =3 cia 0q Q (D W TD O 3 TD I fV IQ Tl 00 I-. 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PYLON SIGN e ., LOGO COLOR KEY PMS 2187 C PMS 3262 C PMS 2206 C CONFIRM COLORS PRIOR TO FABRICATIQN r-o• t_1- TtJYY Wt t1i"2NKX Att�f fKE NNW'!Se'�1ttSX:T'ikCfMtKI'4JW CCltSt#ff Uu gOtfg K d' LV W40 4rgy{gv -try . Mo V tore* v o"Nrn N 4voa3.# RSt4w9W V4.1t Lob' z F- 0: ,. o ,,.Kt4 [9 tinTitCS N MCxf,5vwwC7 xs prn olmw \ TOW7(u 1poµ Y k'h ti00 C(hm 30 „.COAM CLEVAI M � SfV-t EL.EVATXSN 17 PYLON SIGN-10-21B PYLON MARKER MAX 2SMR EACH QUANTITY:3 SIGN COMPANY D o 6rD < rD Q _ N p O fD W O 3 rD +1 v (V N n 00 -� O .. - • .. • MrmM.b...►N+?mwn+MMA1'.^..m.�� wp.s:rMwR•�Ma411va1 wnw b.N.l»++� � ' . b31N3�518C?d5 HJV38 ViM1➢I'�IA�1N3�' 1 rr l �.. ED � ii �� m • • • Q� lNnOA DOM AM S150d 213NWV9 t U i aJ C Site • • P j .. }{ At f City of Virginia Beach Agenda Item 21 page 22 of 28 Site • • 41 9 i� �-.,.,- • DIY! .,.a„=. City of Virginia Beach Agenda Item 21 page 23 of 28 Disclosure Statement • • - • BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove a conflict of interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development ondlor use of property in the City of Virginia Beach requiring action by the City Council,boards,commissions, or other bodies, SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed an application Shawn M.Rockwell,PE;Virginia Beach Is Applicant also the Owner of the subject property? Yes(F)Noo if no,Property 0 vrwr orusr coo;plere SFCTION.2;PROPFRTY{ WNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ Noo If yes,name Representative: Eliza Machek:Kimley-Horn and Associates_ Is Applicant a corporation,partnership firm,business,trust or unincorporated business? YesQNo(�) If yes,last the names of oil officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity P relationship with the applicant.(Attach list i necessary.) E I Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes,name the official or employee,and describe the nature of their interest, APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity ondlor individual providing such services must be identifier!.(Attach list ff necessory.) SERVICE YES NO SERVICE PROVIDER Name entity ondlor individual Financing(mortgage,deeds of trust, cross•collateralization,etc.) 0 OF Real Estate Broker/Agent/Reactor Q t_1 Disclosure Statement ( rev. May-2424 page i of 3 City of Virginia Beach Agenda Item 21 page 24 of 28 Disclosure SECTIONDISCLOSURE condnued SERVICE YES NO SERVICE PROVIDER !Name entity and or individual .Accounting/Tax Return Preparation O Architect/Designer/Landscape Q O Eliza Machek:KkNeyNom and Associates Architect/Land Planner Construction Contractor 0 Q Winston Matw,Centennial Contractors Enterprises,Inc Engineer/Surveyor/Agent o Eliza Machek Kimley-born and Associates Le al Services 0 APPLICANT CERTIFICATION READ.I certify that all information contained in this form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBOA,CBPA, Wetlands Board or any public body or committee in connection with this application. 1kWA#A041EPLA lawShawn ME_ - 06l1512026 Applicant Name(Print) Applicant Signature Date t'Porent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than porent-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 some person own or manage the two entities;there ore common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.'See State and toralGnvernment Conflict of Interests Act, Vo Code§2.2-3101 FOR CITY USE ONLY: No changes as of(date): 7t26`2026 Caine Harrington X 04ty+9 7e26,12026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-202d page 2 of City of Virginia Beach Agenda Item 21 page 25 of 28 Disclosure Statement ------------------ SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed an application City of Virginia Beach Is the Owner a corporation,partnership,firm,business,trust,or unincorporated buslnessi—yesO—ft—o If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a rent-subsidiary I or affiliated business entity 2 relationship with the applicant,(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso) NoC,�') 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(�) n -mployee,and describe the nature of the; iri ter est wrre the of'!' 'r PROPERTY OWNER SERVICES DISCLOSURE READ.The Owner must certify whether the following services are being provided in connection to the subject application or ony business operating or to be operated on the property. The norne of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Nome entity and/or individual) Financing(mortgage,deeds of trust, cross-collateral ization,etc.) 0 0 Real Estate Broker/Agent/Reactor 0 1 (F) Accounting/Tax Return Preparation 0 09 Architect/Designer/Landscape e--, 0 Etiza Machek:Kirnley-Mom and Associates Architect/Land Planner k) Construction Contractor 0 �Mston Matthew,Centennial Contractors Erterprses,Inc Engineer/Surveyor/Agent 0 Fiza Machek:1<0*44orn anal Associates Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA Wetlands Board or any public body or comm&ee In connection with this application. Shawn M.Rockwell,PE 06/17/2026 Property Owner Name(Print) Property Owner SignatuW Date Disclosure Statement I rev, May-2024 page 3 of 3 City of Virginia Beach Agenda Item 21 page 26 of 28 • Statement KimleyNMorn June 15,2026 DISCLOSURE STATEMENT Kimley-Horn and Associates,Inc is serving as the representative for the app►icant in connection with this application.The firm's authorized representative and Project Manager is Eliza Machek, PLA,Associate.The Pnricipal-in-Charge for this effort is Kyle Williams,PE. Kimley-Horn is an employee-owned corporation,and no individual employee of member holds a controlling ownership interest in the firm.Project management responsibilities are carried out by qualified Kimley-Horn staff under the direction of the representative identified above. Please contact us if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. Eliza Machek,PLA Associate City of Virginia Beach Agenda Item 21 page 27 of 28 • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 21 page 28 of 28 f . 264 PAV 1-110 �w. �s oy 0 . .�� C asu r, .—.___ .. 0 A1y� T3 0 . A 1gT SS ARLYNN If,(,S LN Ce ; p p Ti gAovER ac AVLt y N A42 RT3 O �• Z BLOOM I p,GH SU --PKWY T y1RGIN�A , u ` N A 10 r' 32Al �•-- 821 -- 1� Al.... Al s EM site City of Virginia Beach ® zoning 1016, 10939 1045 19th Street I*`; Property Polygons s Feet 0 112.5 225 450 675 900 Map created by Planning Department on 7/14/2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #21 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Thank you. The next item on the consent agenda is Item 21. Ms.Alcock: Excuse me, Vice Chair. We've had someone sign up to speak in opposition, so that will need to be pulled to the regular agenda. Ms. Byler: Okay. Thank you. (The following dialogue reflects the discussion of agenda item 21 during the regular agenda) Mr. Coston: Well, we thank everybody for coming today. Mr. Coston: We have one more. Clerk: Our final item is Item 21, City of Virginia Beach. Mr. Plumlee: Somebody. Ms. Bookholt: And we did have speakers signed up,but I believe they have left. The speaker's in opposition, but you still need to hear this item. Ms. Byler: There's no speakers in opposition. Mr. White: Good afternoon. My name is John White. I'm an engineer and project manager on this project for the Facilities Design and Construction Bureau in the Facilities Division Department. Mr. Plumlee: Mr. Chair, do we have a speaker in opposition to this item? Ms. Bookholt: There was a speaker signed up in opposition, but they have since left. Mr. Mauch: Do we know what their opposition was? Ms. Bookholt: I think there was concern regarding the amount of signage that they would be permitted,so staff can work with that individual for what they would be allowed to have and what maybe alternative options could be to address their signage concerns. Mr. Coston: Thank you. Mr. Plumlee: This item was otherwise on consent. If there's not an objection, I'd ask us just to go ahead and consider the motion without additional presentation from the City on this item. Mr. Mauch: So moved. Mr. Plumlee: Second. Mr. Coston: It is moved by Commissioner Mauch and seconded by Commissioner Plumlee that we approve this item. Clerk: The vote is open. By recorded vote of 11 to 0, Item 21, City of Virginia Beach has been recommended for approval. Mr. White: Thank you very much. Mr. Coston: I thank you for everybody coming. Meeting adjourned. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler ice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan package created by Kimley-Horn, entitled "Virginia Beach Wayfinding Interim Improvements" and dated [begin strikethrough]May1, 2926[end strikethrough] June 29, 2026, including the shop drawings created by Talley Sign Company and dated January 20, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 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. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC RENTAL HOMES [Applicant] TIDEWATER ASSET GROUP LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 913 Pacific Avenue, Unit B (GPIN 24272444111050). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: August 11, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a two-bedroom unit in the Pacific Place Condominiums located at 913 Pacific Avenue, Unit B. The site has no prior zoning complaints, is not currently advertised and has no prior documented stays. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 34 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 8, 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 913 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. Atlantic Rental Homes 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 physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Atlantic Rental Homes 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). Atlantic Rental Homes 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 STIR Vicinity Map Atlantic Rental Homes Page 5 of 5 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager Agenda A.• Homes Property Owner:Tidewater Asset Group ILLC Planning Commission • 2026 V_B_ CouncilCity 1 1 • Project Details Request Conditional Use Permit (Short Term Rental) r,s . Staff Recommendation Approval Staff Planner Alexis Bailey Location 913 Pacific Avenue, Unit B GP/N 24272444111050 Site Size 34,984 square feet WE > A/CUZ ' � aC��C��, 0- 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean � Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North � Multi-family dwellings, commercial parking lot/OR Oceanfront Resort South y , r 9th Street ,`N sZ Municipal parking lot/OR Oceanfront Resort ' F � East .A Atlantic Avenue �''"� .4 Retail Shops/OR Oceanfront Resort West Pacific Avenue Commercial parking lot/OR Oceanfront Resort Atlantic Rental Homes Agenda Item 22 page 1 of 16 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 913 Pacific Avenue, Unit B.The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on May 20, 2026, to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • There are no prior Zoning Violations on this site. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of June 5, 2026, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes Atlantic Rental Homes Agenda Item 22 page 2 of 16 • - 4?[1iS r E 5T 1. r ' r ' r i 'r cap_ 0 0 CSC _ �1 NORFOLK AYE sz� 1 _ r�14Rri0pm y �t r--j 8�4i 8'T Short Term Rentals 0 STR Penmits(48) Atlantic Rental Homes Agenda Item 22 page 3 of 16 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required; historical exemption made): 1 • Number of off-street parking spaces provided: 1 Atlantic Rental Homes Agenda Item 22 page 4 of 16 Zoning History # Request 1 CUP (Short Term Rental) Approved 01/20/2026 CUP(Short Term Rental) Approved 07/08/2025 2 CUP(Short Term Rental) Approved 07/08/2025 � V OR(S`ER''OR} CUP(Short Term Rental) Approved 05/20/2025 rrr''' , CUP (Short Term Rental) Approved 03/18/2025 r` m CUP(Short Term Rental) Approved 03/18/2025 p OR r CUP (Short Term Rental) Approved 03/18/2025 CUP (Short Term Rental) Approved 03/04/2025 CUP (Short Term Rental) Approved 02/04/2025 CUP (Short Term Rental) Approved 12/10/2024 r---�OR(STR-OR) g't CUP (Short Term Rental) Approved 12/10/2024 NORFOLK CUP (Short Term Rental) Approved 07/09/2024 _9VECUP (Short Term Rental) Approved 06/04/2024 \ CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 05/21/2024 Application Types CUP (Short Term Rental) Approved 03/19/2024 CUP: MDP: Modification of Proffers CUP (Short Term Rental) Approved 11/14/2023 Conditional Use NON: Nonconforming Use 1 CUP (Short Term Rental) Approved 09/19/2023 Permit STC:Street Closure CUP(Short Term Rental) Approved 09/19/2023 REZ: Rezoning FVR: Floodplain Variance CUP(Short Term Rental) Approved 09/19/2023 CRZ: ALT.•Alternative Compliance CUP(Short Term Rental) Approved 07/11/2023 Conditional SVR:Subdivision Variance CUP(Short Term Rental) Approved 05/16/2023 Rezoning LUP: Land Use Plan CUP (Short Term Rental) Approved 05/16/2023 MDC: STR:Short Term Rental CUP (Short Term Rental) Approved 07/12/2022 Modification of CUP (Short Term Rental) Approved 04/05/2022 Conditions CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 03/02/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP(Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 06/11/2020 CUP (Short Term Rental)Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP(Short Term Rental) Approved 12/13/2022 CUP(Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 Atlantic Rental Homes Agenda Item 22 page 5 of 16 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property, with a total of 34 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. According to Section 2303(b)a.ii. of the City Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit, similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use, and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Pacific Place is one such property granted a historical exception to the Short Term Rental Parking requirements of Section 241.2. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as areas where many Resort Area visitors stay and gather. Therefore, the use of this unit as a Short Term Rental is consistent with this purpose.This unit would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Atlantic Rental Homes Agenda Item 22 page 6 of 16 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 913 Pacific Avenue, Unit B, 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. It shall be the responsibility of the applicant, their successors, or assigns to initiate renewal of the Conditional Use Permit. The renewal request shall be made in writing to the Zoning Administrator, prior to the established expiration date. 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 Atlantic Rental Homes Agenda Item 22 page 7 of 16 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. Atlantic Rental Homes Agenda Item 22 page 8 of 16 a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, 13, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Atlantic Rental Homes' Agenda Item 22 page 9 of 16 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,June 24, 2026, and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026 City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. Atlantic Rental Homes Agenda Item 22 page 10 of 16 LayoutSite F w • Parking space for 913 Pacific h 9,5A Avenue Unit B r �s2bF ass n 911a AA 3 4i39- yA _ `. - t � g s f7 �91� s,3 m� '�� Sit?� 9Qb 905 G ..Ar 993 rce+ w, y� Atlantic Rental Homes Agenda Item 22 page 11 of 16 Site Photos MOW�,: lk Atlantic Rental Homes Agenda Item 22 page 12 of 16 Disclosure Docusign Envelope ID:E6CDOF2&98D8-8106-83ES67DAAOD87C49 DisclosureCITY OF VIRGINIA V--B� Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application-� Atlantic Rental Homes 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?Yeso No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Daniel Davis&Justin Taylor,Members JD Enterprises VA DBAAtlantic Rental Homes 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. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 1 e Disclosure Statement I rev. M a y-2024 T page 1 of 3 Atlantic Rental Homes Agenda Item 22 page 13 of 16 Disclosure Docusign Envelope ID:E6CDOF2B-98D8-8106-83E5-67DAAODB7C49 SECTION • • - SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Q 0 Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent 0 0 Legal Services C APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. sw*d Daniel Davis [ E3 04/24/2026 4DEDB986763B4 ... Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2'Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/21/2026 Alexis Baileyt7ile( 7/21/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Atlantic Rental Homes Agenda Item 22 page 14 of 16 Disclosure Docusign Envelope ID:E6CDOF2B-98D8-8106.83E5-67DAAODB7C49 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Tidewater Asset Group LLC Is the Owner a corporation,partnership,firm,business,trust or unincorporated business?Yes�No4 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Chiumei Cheung Does the subject property have a proposed or pending purchaser? Yes4 Noe) If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No Q !f yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, © Q cross-collateralization,etc. Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape © Q Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services © 0 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. s onea ey: Chiumei Cheung F u a" 04/24/2026 res:,r®Fe�se�ase_ Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Atlantic Rental Homes Agenda Item 22 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Atlantic Rental Homes Agenda Item 22 page 16 of 16 ,a tit t, 1 � rt _ t r i m 9TH NORFOLK'4V,t jt Site Atlantic Rental Homes [� Zoning 913 Pacific Avenue, Unit B " Q157 Property Polygons Feet 0 15 30 60 90 120 Map created by Planning Department on 7/14/2026 STIR VICINITY MAP ATLANTIC RENTAL HOMES 1. tti -AKEOR t A0/�3"SA V i y1 E � o 0 t 4 0 0 0 n p NORFt}LK AVII gItt'G, rist �.. Short Ternl Rentals 0 STR Permits(50) Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #22 Atlantic Rental Homes Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: Then the next item on the consent agenda is Item 22. Is there anyone here on behalf of Atlantic Rental Homes,property Owner,Tidewater Asset Group LLC? Thank you, sir. Please come down and tell us your name. Mr. Davis: Daniel Davis with Atlantic Rental Homes. Ms. Byler: Hi, Mr. Davis. Are the conditions acceptable to you? Mr.Davis: Yes. Ms. Byler: Thank you. You may be seated. Commissioner Schoonover, would you please read this into the record? Ms. Schoonover: Yes. The applicant, Atlantic Rental Homes, has requested a conditional use permit for 913 Pacific Avenue, Unit B. This is a reasonable request. Has received no objection. Has been placed on the consent agenda. Ms. Byler: Thank you, Commissioner Schoonover. (The following dialogue reflects the discussion to approve the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20, 22, and 23. Mr.Plumlee: I just want to note for the record: Item 14,I must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2nd hearings are also on the consent agenda. Ms.Byler: Yes. Mr.Coston: Thank you. To have a motion to approve by consent these items as read,Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items. Are we ready for the vote? Clerk: Before we open the vote, your iPads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of 11 to 0, with all aforementioned abstentions,the June 101h, 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, either virtually or in-person, but you're free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 913 Pacific Avenue, Unit B, 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. It shall be the responsibility of the applicant, their successors, or assigns to initiate renewal of the Conditional Use Permit. The renewal request shall be made in writing to the Zoning Administrator, prior to the established expiration date. 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 anytime 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. 'Ft s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SARAH WATKINSON [Applicant] JOHN & SARAH WATKINSON [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 209 (GPIN 24280028662009). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 11, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a two-bedroom unit in the Playa Rana Condominiums located at 30 28th Street, Unit 209. The site has no prior zoning complaints, is not currently advertised and has no prior documented stays. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominiums. Short Term Rentals are prevalent on this property with a total of 14 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. One letter of opposition was received about the request, citing concerns with the amount of short term rentals in the area and potential impacts to parking. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On July 8, 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 304 28th Street, Unit 209, and the Short Term Rental use shall only occur in the principal structure. Sarah Watkinson 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 Sarah Watkinson Page 3 of 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1)At least Sarah Watkinson Page 4 of 5 one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20.A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Sarah Watkinson Page 5 of 5 Submitting Department/Agency: Planning Department City Manager: Agenda A•• • Property •wners: John and Sarah Watkinson Planning Commission ' • 1 • V_B_ CouncilCity District • Project Details Request Conditional Use Permit (Short Term Rental) 2r •Na Staff Recommendation Approval Staff Planner „ Alexis Bailey 1 F HLLF ,v 1 Location ;�, wa , T%V --��" s V \ ; 304 28th Street Unit 209 GPIN 24280028662009 'L M'1 Site Size 53,138 square feet �a A/CUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District ' Condominium Complex/OR Oceanfront Resort ,, �� ' '���y Surrounding Land Uses and Zoning Districts ; t42w, J7 .o North 28th Street 4 ,, . Hotel /OR Oceanfront Resort s� South 27th %2 Street �. _- ,•ST (' Single-family dwellings, multi-family dwellings/A- 12 Apartment, A-36 Apartment East Restaurant/ OR Oceanfront Resort West Arctic Avenue Grocery Store, single-family dwelling /OR Oceanfront Resort, R-5S Residential Sarah Watkinson Agenda Item 23 page 1 of 15 -Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 304 28th Street, Unit 209. The 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 2008. • Staff inspected the site on April 15, 2026, to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; therefore, any overflow parking beyond the minimum parking spaces required could occur within the public street. • The site has no prior zoning complaints or violations. • This property was registered and paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, and would be considered a grandfathered Short Term Rental, however; since the property was not used as a Short Term Rental, for a period of two (2)years or more it's grandfathered designation is no longer valid and a Conditional Use Permit is required prior to operating. • Known Short Term Rental activity as of April 13, 2026, as shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Sarah Watkinson Agenda Item 23 page 2 of 15 Short I � { r �✓ r . 7 , S i c c r'i r n M q © S� n q dr- , L4 , _ , a sj - o z L Q _--- , r 11 0' , 0� tiNty S� , r i } - �� a �, Short Terre Reiitais 263 STR Permits C75j 0 Sarah Watkinson Agenda Item 23 page 3 of 15 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Sarah Watkinson Agenda Item 23 page 4 of 15 Zoning History vim # Request CUP (Short Term Rental) Approved 09/16/2025 CUP (Short Term Rental) Approved 08/12/2025 CUP (Short Term Rental) Approved 10/15/2024N CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 1 CUP (Short Term Rental) Approved 06/01/2021 CUP(Short Term Rental) Approved 06/01/2021 CUP(Short Term Rental) Approved 04/06/2021 - CUP (Short Term Rental) Approved 04/06/2021 Al2 CUP (Short Term Rental) Approved 10/20/2020 A36 CUP (Short Term Rental) Approved 07/25/2020 A ,2 CUP (Short Term Rental) Approved 07/25/2020 CUP (Housing for the Elderly) Approved 04/23/1996 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance EvaluationRecommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property, with a total of fourteen approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium's parking lot. According to Section 2303(b)a.ii. of the City Zoning Ordinance "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit, similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use, and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for Sarah Watkinson Agenda Item 23 page 5 of 15 the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 209, 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. It shall be the responsibility of the applicant, their successors, or assigns to initiate renewal of the Conditional Use Permit. The renewal request shall be made in writing to the Zoning Administrator, prior to the established expiration date. 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 Sarah Watkinson Agenda Item 23 page 6 of 15 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 Sarah Watkinson Agenda Item 23 page 7 of 15 alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5) years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Sarah Watkinson Agenda Item 23 page 8 of 15 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 24, 2026 and July 1, 2026. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 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 July 2, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,July 28, 2026 and August 4, 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 July 27, 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 August 7, 2026. Sarah Watkinson Agenda Item 23 page 9 of 15 LayoutSite wr dLr a .,: Assigned Parking Space for Unit 209 Sarah Watkinson Agenda Item 23 page 10 of 15 ' • e Sarah Watkinson Agenda Item 23 page 11 of 15 Disclosure Statement CITY OFDisclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Sarah Watkinson Is Applicant also the Owner of the subject property? Yes@ No4 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo@ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'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: John and Sarah Watkinson KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, @ ® Mortage through Alcova Mortgage cross-collateralization,etc.) Real Estate Broker/Agent/Realtor @ Ashley Hearne,RE/Max Commonwealth Disclosure Statement I rev. M a y-2024 page 1 of 3 Sarah Watkinson Agenda Item 23 page 12 of 15 SECTIONDisclosure Statement • -. SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation G) Q Donald Coleman,Donald W.Coleman, CPA Inc. Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 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. Sarah Watkinson 03/31/2026 Applicant Name(Print) Applicant Signature Date 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors thatshould 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 ore common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 7/22/2026 Alexis Bailey 7.123 f 2nm Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 =Sarah Watkinson Agenda Item 23 page 13 of 15 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Sarah Watkinson and John Watkinson Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? Yes No If yes,list the names Coll Q officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso NoQ If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No(F) IIF 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.J SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, Q © Financing-Alcova Mortgage cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation G) 0 Donald Coleman;Donald W.Colemanm CPA Inc Architect/Designer/Landscape Q Q Architect/Land Planner Construction Contractor Q Engineer/Surveyor/Agent ® IF Legal Services ® F PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connect' n with thi application. John Watkinson ���� � �014&1�41 Sarah Watkinson 03/31/2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Sarah Watkinson Agenda Item 23 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. • The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, a fire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. Sarah Watkinson Agenda Item 23 page 15 of 15 OR(STR-OR) 28�H s� � L OR(STR OR) zT�N 'Pe- m �m OR(STR-OR) 27SH NA�F ST , 1 Al2(OB) R5S(OF0 --- m UR(STR-OR) -'Al2(OB'� ' ® site Sarah Watkinson p zoning 304 28th Street, Unit 209 N' 51 C] Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 7/14/2026 STIR VICINITY MAP SARAH WATKINSON i i i r y < 9 - n �4 2gTH 53 $ o 0�r, � S1 o q00 . � Z t1 0 : q t : _ 9: ` 1 t a t tt.. FR���i CK Q /� /'� ,t RR J i V V d . C1 : q . Rentals Short Term ? a 0 S� 0 STR Permits(7S) Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #23 Sarah Watkinson Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: And the last item on the consent agenda is item 23, Sarah Watkinson,property owner John and Sarah Watkinson. Is there anyone here to speak on this? Welcome. Please state your name. Ms. Watkinson: Sarah Watkinson. Ms.Byler: Ms. Watkinson, are the conditions acceptable to you? Ms. Watkinson: Yes. Ms. Byler: Thank you. You may be seated. Commissioner Plumlee, would you please read this into the record? Mr. Plumlee: Thank you, Vice Chair. Yes. Owners John and Sarah Watkinson, of the location 304 28th Street,Unit 2 of 9,have requested a conditional use permit for short-term rental. It meets the requirements of the district. It has been recommended by the staff, and therefore, Planning Commission believed it appropriate for the consent agenda. Ms.Byler: Thank you, Commissioner Plumlee. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications and the minutes on the consent agenda: Items 11, 12, 13, 14, 17, 20, 22, and 23. Mr. Plumlee: I just want to note for the record: Item 14,I must abstain from for reasons set forth in a letter with the City Attorney's Office. Mr. Camp: Madam Vice Chair, the minutes for the June 2"a hearings are also on the consent agenda. Ms. Byler: Yes. Mr.Coston: Thank you. To have a motion to approve by consent these items as read, Vice Chair. Ms. Hippen: So moved. Ms. Cuellar: Second. Mr.Coston: It has been moved by Commissioner Hippen and seconded by Commissioner Cuellar that we approve these items. Are we ready for the vote? Clerk: Before we open the vote, your iPads will need to be refreshed as we had to update the agenda. The vote is open. By a recorded vote of I 1 to 0, with all aforementioned abstentions, the June loth, 2026, Informal and Formal minutes, and Items 11, 12, 13, 14, 17, 20, 22, and 23 have been recommended for approval by consent. Mr. Coston: Thank you. if you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, either virtually or in-person, but you're free to leave. Vote Tally Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 209, 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. It shall be the responsibility of the applicant, their successors, or assigns to initiate renewal of the Conditional Use Permit. The renewal request shall be made in writing to the Zoning Administrator, prior to the established expiration date. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage,except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms,3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4)a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5)years. In years when an inspection is not required,the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks, porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use.The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period of five (5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The applicant shall prepare and maintain, to the satisfaction of the City of Virginia Beach's Fire Marshal's Office, afire safety and evacuation plan in accordance with Chapter 4 of the Virginia Statewide Fire Prevention Code. From: CAROLYN STREK To: Alexis Bailev Subject: Opposition to Short Term Rental application for 304 28th St Date: Friday,June 26,2026 3:55:59 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I received a notification of the short-term rental request for 304 28th St. Suite 209. 1 am unable to attend the public hearing for this request and would like to submit my objection to this repeat request. I believe this property is zoned as a condominium. We have sufficient weekly rentals in Old Beach. Illegal parking with short term rentals is a regular occurrence, and our parking enforcement focuses on the metered parking and swings by when they can. There is no number to call to get parking enforcement to come when we are unable to park because of short term renters parking without a permit. Calling 311 is hit or miss. We have no plan that balances the vacation rental options with limits and provides sufficient infrastructure to manage short-term rentals. I feel this application should be denied. Thank you, Carolyn 0. Strek 312 27" St Virginia Beach ,✓,pNu e� ry"aa a+s,i%1 f4 a. ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 2303 OF THE CITY ZONING ORDINANCE PERTAINING TO SHORT TERM RENTAL PARKING REQUIREMENTS. MEETING DATE: August 11, 2026 ■ Background: The Oceanfront Resort Short Term Rental (STR) Overlay District was established on July 13, 2021, allowing STRs with a Conditional Use Permit. On April 21, 2026, City Council approved a referral resolution directing the Planning Commission to review revisions to the Overlay District. Currently, single-family dwellings require a minimum of two on-site parking spaces, while STRs require one parking space per bedroom. When an existing home is converted to an STR and cannot accommodate the additional required parking, applicants may lease off-site parking, including spaces in City-owned parking garages. This amendment would prohibit the use of public parking spaces within City-owned parking garages to satisfy STR parking requirements due to the increasing number of STRs at the Oceanfront and the need to preserve public parking. The amendment applies only to City-owned public parking garages. The proposed amendment was presented to several advisory committees and the Hampton Roads Realtors' Association, with feedback received being generally supportive of the change. Considerations: Staff and the Planning Commission support the amendment to address parking requirements for Short Term Rentals. 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. City of Virginia Beach —Section 2303 Page 2 of 2 ■ Recommendation: On July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 01 City Manager: 0 Agenda A•• of ' Commission• ' • 2026 VB� Short • An ordinance to amend Section 2303 of the City Zoning Ordinance pertaining to short term rental parking requirements. Summary of • The Oceanfront Resort Short Term Rental Overlay District was established on July 13, 2021, permitting short term rentals (STRs) with a conditional use permit within the overlay. During the April 21, 2026, City Council meeting, a referral resolution sponsored by Vice-Mayor Wilson and Councilmembers Remick, Schulman, and Henley was approved, directing the Planning Commission to review a revision to the Oceanfront Resort STR Overlay District. The Zoning Ordinance requires single-family dwellings to have a minimum of two on-site parking spaces, while STRs are required to have one parking space per bedroom. Due to this difference in required parking, when an existing single-family dwelling is used as an STR, additional parking spaces may be required. If the site does not have sufficient space to accommodate the increased parking requirement, applicants have the option to lease off-site spaces to satisfy the requirement, including spaces within city-owned parking garages. It has been the practice of the Zoning Division to only permit off-site parking spaces that are within 0.25 miles (straight line distance) from the proposed STR. Due to the proliferation of STRs at the oceanfront and the need for public parking, this amendment proposes to prohibit STRs from utilizing public parking within a city-owned parking garage to meet their minimum parking requirement. The proposed amendment only applies to public parking garages. Outreach has included briefings to the Old Beach Design Review Committee, Bayfront Advisory Commission, Resort Advisory Commission's Transportation, Parking, Pedestrian Committee, Resort Advisory Commission's Planning/Design Review Committee, and Hampton Roads Realtors' Association. Feedback was supportive of this amendment. Recommendation Staff recommends approval of this ordinance. City of Virginia Beach Agenda Item 3 page 1 of 3 Ordinance REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND SECTION 2303 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 PARKING REQUIREMENTS 5 6 Section Amended: § 2303 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 2303 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 2303. — Use regulations.. 18 19 (a) Subject to general requirements and to the regulations of the underlying zoning 20 district, all uses and structures permitted as principal, conditional or accessory 21 uses in the underlying zoning district in which they are located shall be so 22 designated within the Short-term Rental Overlay Districts. 23 24 (b) Short-term rental overlay. 25 a. Short-term rentals in a STR Overlay District shall be in compliance with 26 the requirements of Section 241.2 as modified as follows: 27 28 i. Add to condition (1): Parking spaces created to comply with this condition 29 shall not add additional impervious area to the site. Area within a residential 30 garage may be used for no more than one (1) required space provided the 31 available area within the garage meets the dimensional requirements of this 32 article used for required parking. Driveway area located within the city right- 33 of-way may be utilized to meet the parking requirement provided there is no 34 traffic impact and the location of the parking space does not block vehicular 35 traffic or an existing sidewalk. Leasing of public parking spaces within 36 garages to meet the parking requirement is not permitted. 37 38 ii. Add to condition (1): There are certain condominium properties that have 39 historically operated as short-term lodging units and have not experienced 40 any inconvenience to guests or the surrounding area without the required 41 one (1) parking space per bedroom. Further, such properties are unable to 42 provide the required parking on-site. For these condominium properties, the City of Virginia Beach Agenda Item 3 page 2 of 3 Ordinance 43 zoning administrator may, at his discretion, require one (1) parking space 44 per dwelling unit similar to the requirement for lodging uses in the 45 Oceanfront Resort District Form Bases Code (ORDFBC). Such properties 46 must provide written evidence of their past use and the Zoning Administrator 47 shall find that there is no public inconvenience with the current parking 48 design. 49 50 .... 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17095 R-1 March 2, 2026 City of Virginia BeachY Agenda Item 3 page 3 of 3 REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND SECTION 2303 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 PARKING REQUIREMENTS 5 6 Section Amended: § 2303 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 2303 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 2303. — Use regulations.. 18 19 (a) Subject to general requirements and to the regulations of the underlying 20 zoning district, all uses and structures permitted as principal, conditional or 21 accessory uses in the underlying zoning district in which they are located shall be 22 so designated within the Short-term Rental Overlay Districts. 23 24 (b) Short-term rental overlay. 25 a. Short-term rentals in a STR Overlay District shall be in compliance with 26 the requirements of Section 241.2 as modified as follows: 27 28 i. Add to condition (1): Parking spaces created to comply with this 29 condition shall not add additional impervious area to the site. Area within a 30 residential garage may be used for no more than one (1) required space 31 provided the available area within the garage meets the dimensional 32 requirements of this article used for required parking. Driveway area 33 located within the city right-of-way may be utilized to meet the parking 34 requirement provided there is no traffic impact and the location of the 35 parking space does not block vehicular traffic or an existing sidewalk. 36 Leasing of public parking spaces within garages to meet the parking 37 requirement is not permitted. 38 39 ii. Add to condition (1): There are certain condominium properties that 40 have historically operated as short-term lodging units and have not 41 experienced any inconvenience to guests or the surrounding area without 42 the required one (1) parking space per bedroom. Further, such properties 43 are unable to provide the required parking on-site. For these condominium 44 properties, the zoning administrator may, at his discretion, require one (1) 45 parking space per dwelling unit similar to the requirement for lodging uses 46 in the Oceanfront Resort District Form Bases Code (ORDFBC). Such 47 properties must provide written evidence of their past use and the Zoning 48 Administrator shall find that there is no public inconvenience with the 49 current parking design. 50 51 .... 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Gvz tanning Department Ci y Attorney's Office CA17095 R-1 March 2, 2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #3 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Our next order of business is the regular agenda. The regular agenda will proceed as follows: Each applicant will be given up to 10 minutes to present their item. We will then hear from speakers in support and opposition. Applicant may then return to the podium for up to 3 minutes for rebuttal, and then answer any questions from the commission. Madam Clerk, we are ready for the first item. Clerk: Our first item is Item 3,City of Virginia Beach. Ms. Sabo: Good afternoon, commissioners. I'm Hannah Sabo, City Zoning administrator. Item number 3 is an ordinance to amend Section 2303 of the City Zoning Ordinance pertaining to short- term rental parking requirements. The Oceanfront Short-term Rental Overlay District was established on July 13, 2021, and it permitted short-term rentals with a conditional use permit within the overlay. During the April 21, 2026, City Council meeting, a referral resolution was sponsored by Vice Mayor Wilson and Council member Remick, Schulman, and Henley was approved, directing the Planning Commission to review and then review a revision to the Oceanfront Resort STR. Overlay District. This specific agenda item looks at the parking for short- term rentals. The zoning ordinance requires that single-family dwellings have a minimum of two on-site parking spaces, while STRS are required to have one parking space per bedroom. Due to this difference in required parking, when a single-family dwelling is converted to be used as a short-term rental, that can create additional parking spaces that are required. If the site does not have those sufficient, excuse me,the site does not have sufficient parking spaces on site,they may be required to. Utilize or to rent parking spaces offsite. This can lead to properties utilizing city-owned parking spaces within their city-owned garages, and it's been the practice of the zoning division to only permit those offsite parking spaces if they're within a quarter of a mile straight-line distance from the proposed STR. Due to the proliferation of short-term rentals within the oceanfront, and then the need for public parking. The amendment proposes to prohibit short-term rentals from utilizing public parking within city-owned parking garages to meet their minimum parking requirement. This proposed amendment only applies to public parking garages. Outreach has included briefings to the Old Beach Design Review Committee, Bayfront Advisory Commission, Resort Advisory Commissions,Transportation, Parking Pedestrian Committee,the Resort Advisory Commission's Planning Design Review Committee, And the Hampton Roads Realtors Association. And feedback was generally supportive of this amendment. I'm available if you have any questions, and I do believe,we have a speaker on this one. Thank you. Clerk: We have one speaker,Andy Strauss,via WebEx. Andy, are you there? That was our only speaker. Mr. Plumlee: I move to approve. If we're closed,the hearing is closed. Ms. Schoonover: Second. Mr. Coston: It has been moved by Commissioner Plumlee and seconded by Commissioner Schoonover that we approve this item. Clerk: The vote is open. By a recorded vote of 11 to 0, Item 3, City of Virginia Beach,has been recommended for approval. Vote Tally 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 O If LZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 237 PERTAINING TO MINI-WAREHOUSES MEETING DATE: August 11, 2026 ■ Background: This text amendment proposes to revise the mini-warehouse regulations in the B- 4C Central Business Mixed-Use Zoning District. Although mini-warehouses were added as a conditional use in December 2023, Staff determined that the current language in Section 237(c)(2) unintentionally prohibits certain development configurations. The amendment removes the prohibition on first-floor storage units and clarifies that ground-floor storage units are permitted provided they are not visible or directly accessible from the exterior of the building. Considerations: Staff and the Planning Commission recommend approval of this ordinance as it is consistent with the vision and goal of the urban core of the City. 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 July 8, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 3. ■ 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:�w Agenda I A•• of Beach Planning Commission • • i 2026 V_B, Mini-WarehousesOrdinance Amendment An ordinance to amend Section 237 of the City Zoning Ordinance pertaining to mini-warehouses. Summary of • The mini-warehouse use was added to the B-4C Central Business Mixed-Use Zoning District in December 2023. The use requires a Conditional Use Permit and compliance with form standards listed in Section 237. It has come to Staff's attention that the language in section 237(c)(2) prohibits the development of mini-warehouses in a way that was not intended. This amendment proposes to strike the language prohibiting storage units on the first floor of a mixed-use building, and adds language to clarify that storage units located on the ground floor must not be visible or directly accessible from the exterior of the building. Recommendation Staff recommends approval of this ordinance as it is consistent with the vision and goal of the urban core of the City. City of Virginia Beach Agenda Item 4 page 1 of 2 Ordinance 1 AN ORDINANCE TO AMEND SECTION 237 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO MINI-WAREHOUSES 4 5 Section Amended: § 237 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 237 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 237. Mini-warehouses. 17 18 In addition to general requirements, the following special requirements and 19 limitations shall apply to mini-warehouses in all districts, excluding the B-4C district, in 20 which they are generally permitted: 21 22 . . . . 23 24 (c) Form. Mini-warehouses in B-4C shall be a multi-story fully enclosed mixed-use 25 building. 26 27 (1) Such building shall include two (2) or more uses within the building. 28 Applicable uses include retail sales, services, office; institutional, 29 recreational, and industrial, and those uses permitted by the applicable 30 zoning district in which the mini-warehouse is located. The storage facility 31 shall be counted as one of the uses. 32 33 (2) ate-steFage--ufl+ts shalom 'mated on ;e gFeund flee;—however, a 34 -if thirty (30) peFGeRt ef the ground fleoF aFea may be used as 35 StGFageFela#ed nffv fiGe an&eF retail spa Storage units located on the 36 ground floor must not be visible or directly accessible from the exterior of 37 the building. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA17262 R-1 June 17, 2026 City of Virginia Beach Agenda Item 4 page 2 of 2 1 AN ORDINANCE TO AMEND SECTION 237 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO MINI-WAREHOUSES 4 5 Section Amended: § 237 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require, 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 237 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 237. Mini-warehouses. 17 18 In addition to general requirements, the following special requirements and 19 limitations shall apply to mini-warehouses in all districts, excluding the B-4C district, in 20 which they are generally permitted: 21 22 . . . . 23 24 (c) Form. Mini-warehouses in B-4C shall be a multi-story fully enclosed mixed-use 25 building. 26 27 (1) Such building shall include two (2) or more uses within the building. 28 Applicable uses include retail sales, services, office; institutional, 29 recreational, and industrial, and those uses permitted by the applicable 30 zoning district in which the mini-warehouse is located. The storage facility 31 shall be counted as one of the uses. 32 33 (2) NE) storage--WRits- shall beIesated-vrr the greand floor; hewevcra 34 35 sterage-related-effiGe and/eF seta„-per Storage units located on the 36 ground floor must not be visible or directly accessible from the exterior of 37 the building. 38 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: g&e�� - � &aAw tanning Department City Attorney's Office CA17262 R-1 June 17, 2026 Virginia Beach Planning Commission July 8, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #4 City of Virginia Beach Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 4, City of Virginia Beach. Ms. Sabo: Hello, again, Hannah Sabo, Zoning Administrator. Item number 4 is an ordinance to amend Section 237 of the city's zoning ordinance pertaining to mini warehouses. The mini warehouse use was added to the B-4C Central Business Mixed Use Zoning District in December of 2023. It was approved on consent, both through the Planning Commission and City council process. The use requires a conditional use permit and compliance with form standards listed in 237. It has come to staffs attention, the language in that section 237(c)(2) prohibits the development of many warehouses in a way that staff had not initially intended. The amendment proposes to strike the language that would prohibit storage units on the first floor of a mixed-use building. And add language that would allow storage units on the first floor, so long as they are not visible or directly accessible from the exterior of the building. I will note that during the amendment process back in December of 2023,that question did come up during the City council process, and staff advised council that the intention was for storage units to be allowed on the first floor, so long as they're not visible from the outside. But unfortunately,the language that was adopted did not allow for that. I am available for questions? Mr. Coston: Commissioner Plumlee. Mr.Plumlee: I just want to be clear. Mistakes happen all the time, and we're just all we're doing is correcting to show the intent of council. Council had been presented by staff. What council approved did not include a prohibition, or council had indicated it did not want a prohibition for first floor storage. Is that clear? I just want to make sure I'm understanding that properly. Ms. Sabo: Yes, during the council meeting, the question was asked if the amendment that they were approving would allow for storage units on the first floor, so long as they were not visible. And the answer was yes,that it would allow for that. Mr. Coston: Okay,thank you very much,Commissioner Byler, Vice Chair. Ms. Byler: Thank you, Hannah. I appreciate it. So I'm a little confused because the comprehensive plan that was just approved by council in April says that in certain areas where otherwise storage facilities are not allowed, they might be allowed, provided that there was no storage on the ground floor. So,how does that reconcile with what you're now saying? Ms. Sabo: This updates. So, again, it is the initial, the intention here is to have the ordinance meet what council had. The intention of what council had adopted, and with the requirement that storage units that are located on the ground floor not be visible or directly accessible from the exterior of the building, I think, I think, still gets at that intention, where from the outside you wouldn't be able to tell that there are any storage units within the first floor. Ms. Byler: But the Comprehensive Plan and the Trail Base Plan both say they should be interactive, with doors and windows going in and out to allow interaction and lingering of people, and that those plans were just approved in April, subsequent to the other. So I'm struggling to reconcile them,and in my mind,they don't sync. Mr. Coston: Any further questions, concerns? Can I have a motion? Ms. Schoonover: I move that we approve. Mr. Plumlee: Second. Mr. Coston: Second. It has been moved by Commissioner Schoonover and seconded by Commissioner Plumlee that we approve this item. Mr. Camp: Discussion. I concur with our vice chair that this was brought to the Planning Commission as written. It was approved as written after this planning commission heard it. There was apparently a question at City council. The question was answered, and then after that, City Council adopted another ordinance that supersedes this. So it seems to me that following council's will means to stay with the latest thing that they voted on. And for that reason, I will be voting nay on this motion and staying consistent with council's most recent ordinance. Thank you. Mr. Plumlee: May I address the comment? Not to address Mr. Camp directly, I just want to address the idea for purpose of discussion. This is a zoning amendment. Obviously, it's come to us to correct a mistake based on council's intent. They're going to get the recommendation. They will know their intent, and they will vote on it. Staff has presented this to be a correction. I take them at their word that it is in fact a correction. The Comprehensive Plan is a guidance document, is not a zoning ordinance. So I believe the zoning ordinance is superior. That's why I'm in favor of passing this. Clerk: The vote is open. By a recorded vote of 8 to 3,Item 4, City of Virginia Beach has been recommended for approval. Vote Tally Commission Member AYE 8 NAY 3 ABS 0 ABSENT 0 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X M. APPOINTMENTS • ADVERTISING ADVISORY COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD • GREEN RIBBON COMMITTEE • HISTORIC PRESERVATION COMMISSION • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • OCEANA LAND USE CONFORMITY COMMITTEE • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • STOP INC. BOARD • SOUTHSIDE NETWORK AUTHORITY • TIDEWATER YOUTH SERVICES BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Vill. PUBLIC COMMENT/OPEN DIALOGUE Open Dialogue For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via Web Ex. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for WebEx: https://vbgov.webex.com/weblink/register/r812dcle76f09c70c3a8cOd90ea5247f0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 11, 2026. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/14/2026 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 1(i1,NDA H G E E O E C N S A O I11-M# SUBJECT MOTION VOTE I S R Y N N K D E N N 1. CITY COUNCIL'S BRIEFINGS A. FOCUSED ACTION PLAN PROGRESS Monica Croskey, UPDATE Deputy City Manager B. HISTORIC KEMPSVILLE REQUEST FOR PROPOSAL(RFP) Emily Archer, Acting Director— Economic C. DISPARITY STUDY UPDATE Development Lavera Tolentino, Purchasing Agent— Finance Sameer Bawa, Managing Director— BBC Research& Consulting 1IAV. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-G H.I. Resolution to DESIGNATE Beasley Drive in ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y honor of the Grammy Award Winning Vocal Group Blackstreet(Requested by Mayor Dyer and Councilmember Ross-Hammond) H.2. Ordinance to AMEND City Code Section 10-1 to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD the Princess Anne Area Library as a location CONSENT for absentee voting and REMOVE the Meyera Oberndorf Central Library location for absentee voting re in-person voting (Requested by the Local Electoral Board) 11_3 Ordinance to DECLARE 300+/-acres of City- DEFERRED TO I1-0 Y Y Y Y Y Y Y Y Y Y Y owned property at 2500 Tournament Drive to be in AUGUST 11,2026 EXCESS of the City's needs and APPROVE the Term Sheet for the redevelopment of the Virginia Beach National Golf Course and AUTHORIZE the City Manager to enter into a Purchase and Development Agreement with Dragas Associates, Inc.re the sale and development of the property H.A. Ordinance to RATIFY amendments to the Bylaws ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y 1' 1 of the Parks and Recreation Commission CONSENT H.5. Ordinance to APPROPRIATE $300,000 from ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Fund Balance of the Police Federal and State CONSENT Seized Assets Special Revenue Fund to the FY2026-27 Police Department Operating Budget re a $15,000 donation to the Virginia Beach Recovery Court and$5,000 to the National Law Enforcement Officers Memorial Fund in honor of our fallen officers, Christopher Reese and Cameron Girvin .1 CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:07/14/2026 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I.1. SHORE DRIVE AREA PROPERTIES,LLC APPROVED/AS 10-1 Y Y Y N Y Y Y Y Y Y Y for a Conditional Change of Zoning from PD-HI PROFFERED/ Planned Unit Development District to Conditional CONDITIONED B-4(SD)Mixed Use District and a Conditional Use Permit re develop a fifty-two (52) condominium project with a small commercial component at 3853 Shore Drive parcels directly Southeast of 3853 Shore Drive DISTRICT 9 1.2. CITY OF VIRGINIA BEACH to Rezone R-7.5 APPROVED/BY 1 1-o Y Y Y Residential District to P-1 Preservation District at CONSENT vacant parcel on Upton Drive,directly North of 1088 Nimmo Parkway DISTRICT 5 1.3. CRAIG AND APRIL DEAN/CRAIG DEAN APPROVED for a Conditional Use Permit re short term rental CONDITIONED, at 404 21 s`,Unit A DISTRICT 6 BY CONSENT I.4. CRAIG AND APRIL DEAN/CRAIG DEAN DENIED 8-; N N Y Y N Y Y Y Y Y }" for a Conditional Use Permit re short term rental at 513 20'h Street DISTRICT 6 I.5. ADARSH JAIN / SHELLS AND PEARLS, DENIED 8-3 N N Y Y N Y Y Y Y }' Y LLC for a Conditional Use Permit re short term rental at 511 20'h%Street DISTRICT 6 I.6. AMRISH JAIN/A&A VACATION HOMES, DENIED S- N N LLC for a Conditional Use Permit re short term rental at 509 201"Y.Street DISTRICT 6 J. APPOINTMENTS RESCHEDULED B Y C O N S E N S I! ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAY ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD DEVLOPMENT AUTHORITY FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER YOUTH SERVICE BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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:07/14/2026 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N PARKS AND RECREATION COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Herbert Woodhead- Representing District 10 3 Year Term 7/14/2026-6/30/2029 STOP INC.,BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y William Curtis-City Representative Unexpired term thru 5/31/2027 K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 9:25 P.M.