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10-6-2026 FORMAL SESSION AGENDA
u N�p City of �G1�lA�FAc`tJ'- H -- � Virginia "COMMUNITY FOR A LIFETIME City Council Agenda October 6, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIL'S BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. LAW ENFORCEMENT TRAINING ACADEMY PROJECT UPDATE 2:00 P.M. Ron Davenport, Project Manager— Moseley Architects Chad Morris, Acting Chief Facilities Officer— Public Facilities II. CITY MANAGER'S BRIEFINGS A. PRINCESS ANNE ATHLETIC CENTER CROSS COUNTRY COURSE 2:45 P.M. Chad Morris, Acting Chief Facilities Officer—Public Facilities B. LARGE-SCALE PUBLIC ART INSTALLATION COMING TO MOUNT TRASHMORE PARK 3:15 P.M. Emily Labows, Director—Cultural Affairs III. CITY COUNCIL LIAISON REPORTS 3:45 P.M. IV. CITY COUNCIL DISCUSSION / INITIATIVES/COMMENTS 4:00 P.M. V. CITY COUNCIL AGENDA REVIEW 4:15 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 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 —September 15, 2026 2. SPECIAL FORMAL SESSION —September 22, 2026 H. MAYOR'S PRESENTATION 1. RESOLUTION — Breast Cancer Awareness Month Lisa Strader, Virginia Beach Resident, Breast Cancer Survivor, and Co-Chair—The Walk I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 81.6 acres at 3993 and 3995 Muddy Creek Road 2. PARTIAL EASEMENT VACATION Approximately 5 feet of the existing 25-foot pedestrian access easement along the western boundary of 4576 Bonney Road J. FORMAL SESSION AGENDA 1. CONSENTAGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as the Lake Gaston Pipeline adjacent to 0 Kientz Road re maintain an existing 30'- wide gravel drive 2. Resolution to WITHDRAW the Resolution referring to the Planning Commission the proposed amendment to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District (Requested by Mayor Dyer, Vice Mayor Wilson and Council Member Remick) 3. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road 4. Ordinance to APPOINT Dana R. Harmeyer as Acting City Attorney(Requested by City Council) 5. Ordinance to APPROPRIATE $655,931 from the fund balance of the Technology Trust Fund to the FY 2026-27 Clerk of the Circuit Court Operating Budget re support technology needs and upgrades 6. Ordinance to APPROPRIATE $29,532 from the balance of the Schilling Point Special Service District Special Revenue Fund to Capital Project#100643, "Schilling Point Neighborhood Dredging II" within the FY 2026-27 Capital Improvement Program 7. Ordinance to ACCEPT and APPROPRIATE$177,136.44 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2026-27 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 8. Ordinance to ACCEPT and APPROPRIATE $60,076 from the Virginia Department of Motor Vehicles (DMV) to the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime and equipment expenses related to enhanced speed enforcement 9. Ordinance to ACCEPT and APPROPRIATE $27,750 from the Virginia Department of Motor Vehicles (DMV)to the the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime,training, and equipment expenses related to DUI enforcement 10. Ordinance to TRANSFER$260,000 from Capital Project#100489 "Winston Salem Avenue Improvements" and $200,000 from Capital Project# 100576 "VA Beach Innovation Park Infrasture II" to Capital Project#100459, "ViBe District Street Infrastructure Improvements" re close Capital Project#100459 L. PLANNING 1. DAVID B. TURTON REVOCABLE TRUST for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re lot width, street line frontage & direct access to a public street and a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District re develop three (3) single-family residential lots at 2512 Seaboard Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. DANIEL RUBY, TIMMONS GROUP/ CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re construct a 20,000 square foot field house at 4552 Princess Anne Road DISTRICT 1 RECOMMENDATION: APPROVAL 3. SECTORSITE TOWER ASSETS L.L.C. /SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION AND VICINITY HOLDINGS LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit re mini-warehouse facility and a Conditional Use Permit re bulk storage yard at 3386 & 3396 Holland Road DISTRICT 10 (APPLICANT REQUESTS DEFERRAL TO NOVEMBER 3, 2026) RECOMMENDATION: APPROVAL 4. GENESIS HOLDINGS OF HAMPTON ROADS, LLC/ STARLING FARM, LLC for a Conditional Use Permit re bulk storage yard at parcel South of Dam Neck Road, directly Northeast of 3024 Holland Road DISTRICT 2 RECOMMENDATION: APPROVAL 5. SOUTHSIDE BARBELL LLC/ BAPA PROPERTIES LLC SERIES 5512 VIRGINIA BEACH BOULEVARD for a Conditional Use Permit re indoor recreational facility at 5512 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 6. 446 OCEANA BLVD, LLC for a Conditional Use Permit re bar and night club at 446 Oceana Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 7. BIRCHWOOD MALL ASSOCIATES, L.L.P. for a Conditional Use Permit re indoor recreational facility at 3754 Virginia Beach Boulevard DISTRICT 8 RECOMMENDATION: APPROVAL M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • DEFERRED COMPENSATION BOARD • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT(COG) REVIEW & ALLOCATION COMMITTEE • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • RESORT ADVISORY COMMISSION • STORMWATER APPEALS BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • VIRGINIA BEACH TOWING ADVISORY BOARD • WETLANDS BOARD N. UNFINISHED BUSINESS 0. 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 the meeting at: https://vbgov.webex.com/weblink/register/rcc9ff09355b7db5e573f7a0097afldf5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 6, 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 I 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 mberiucc@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 jschulman@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 I City Clerk 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. LAW ENFORCEMENT TRAINING ACADEMY PROJECT UPDATE 2:00 P.M. Ron Davenport, Project Manager— Moseley Architects Chad Morris, Acting Chief Facilities Officer—Public Facilities II. CITY MANAGER'S BRIEFINGS A. PRINCESS ANNE ATHLETIC CENTER CROSS COUNTRY COURSE 2:45 P.M. Chad Morris, Acting Chief Facilities Officer—Public Facilities B. LARGE-SCALE PUBLIC ART INSTALLATION COMING TO MOUNTTRASHMORE PARK 3:15 P.M. Emily Labows, Director—Cultural Affairs III. CITY COUNCIL LIAISON REPORTS 3:45 P.M. IV. CITY COUNCIL DISCUSSION / INITIATIVES/ COMMENTS 4:00 P.M. V. CITY COUNCIL AGENDA REVIEW 4:15 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:30 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 —September 15, 2026 2. SPECIAL FORMAL SESSION —September 22, 2026 H. MAYOR'S PRESENTATION 1. RESOLUTION—Breast Cancer Awareness Month Lisa Strader,Virginia Beach Resident, Breast Cancer Survivor, and Co-Chair—The Walk I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 81.6 acres at 3993 and 3995 Muddy Creek Road 2. PARTIAL EASEMENT VACATION Approximately 5 feet of the existing 25-foot pedestrian access easement along the western boundary of 4576 Bonney Road NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 81.6 acres of land located at 3993&3995 Muddy Creek Road(GPINs:2411- 76-9190, 2411-85-3531, 2411-86-7156, 2411- 96-9044, 2411-96-5005 and 2411-75-8092), In the City of Virginia Beach, Virginia, pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City.Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of$755,182.The public hearing,which may be continued or adjourned,will be held by the City Council on Tuesday.October 6.2026,at 6:00 a.m.. In the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person Interested in this matter may appear and be heard. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303;hearing Impaired call 711. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on October 6,2026. 2. Download WebEx and view the meeting at: httos://vbeov.webex.com/weblink/register/r cc9ffO9355b7db5e573f7a0097afidf5 All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 13,2026&SEPTEMBER 20, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Chester Q. Eason and Carol C. Eason, Trustees of the Chester and Carol Eason Revocable Living Trust; Chester Q. Eason; and Derek J. Eason (81.6+/- Acres); 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $755,182; and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: October 6, 2026 MEETING DATE: October 20, 2026 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon four (4) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City,s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of six (6) parcels having approximately 81.6 acres outside of marshland and swampland, is owned by Chester Q. Eason and Carol C. Eason, Trustees of the Chester and Carol Eason Revocable Living Trust; Chester Q. Eason; and Derek J. Eason. The parcels are located at 3993 & 3995 Muddy Creek Road (GPI Ns: 2411-76-9190, 2411-85-3531, 2411-86-7156, 2411-96- 9044, 2411-96-5005 and 2411-75-8092) (collectively the "Property") and is shown on the attached Location Map. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, of which one (1) building site is being reserved due to the second residential dwelling on the Property. The proposed purchase price, as stated in the ordinance, is $755,182. This price is the equivalent of approximately $9,255 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 5.057% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 7.057% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. Matching funds through the Virginia Department of Forestry may be available for reimbursement of a portion of this purchase. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (September 13, 2026, and September 20, 2026). The Public Hearing will be held on October 6, 2026. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption n� Submitting Department/Agency: Agriculture Department U City Manager: /OW 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM CHESTER Q. EASON AND CAROL 4 C. EASON, TRUSTEES OF THE CHESTER AND CAROL 5 EASON REVOCABLE LIVING TRUST; CHESTER Q. 6 EASON; AND DEREK J. EASON (81.6+/- ACRES); 2) 7 THE ISSUANCE BY THE CITY OF ITS CONTRACT 8 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT 9 OF $755,182; AND 3) TRANSFER OF FUNDS TO 10 PURCHASE U.S. TREASURY STRIPS 11 12 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 13 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 14 presented to the City Council a request for approval of an Installment Purchase Agreement 15 (the form and standard provisions of which have been previously approved by the City 16 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 17 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 18 Installment Purchase Agreement) on certain property located in the City and more fully 19 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 20 $755,182; and 21 22 WHEREAS, the aforesaid Development Rights shall be acquired through the 23 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 24 compliance with, the requirements of the Ordinance; and 25 26 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 27 purchase as evidenced by the Installment Purchase Agreement. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. The City Council hereby determines and finds that the proposed terms and 33 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 34 Agreement, including the purchase price and manner of payment, are fair and reasonable 35 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 36 is hereby authorized to approve, upon or before the execution and delivery of the 37 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater of 5.057% per annum or 39 the per annum rate which is equal to the yield on United States Treasury STRIPS 40 purchased by the City to fund such unpaid principal balance; provided, however, that such 41 rate of interest shall not exceed 7.057% unless the approval of the City Council by 42 resolution duly adopted is first obtained. 43 44 2. The City Council hereby further determines that funding is available for the 45 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 46 the terms and conditions set forth therein. 47 3. The City Council hereby expressly approves the Installment Purchase 48 Agreement and, subject to the determination of the City Attorney that there are no defects 49 in title to the property or other restrictions or encumbrances thereon which may, in the 50 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 51 Manager or his designee to execute and deliver the Installment Purchase Agreement in 52 substantially the same form and substance as approved hereby with such minor 53 modifications, insertions, completions or omissions which do not materially alter the 54 purchase price or manner of payment, as the City Manager or his designee shall approve. 55 The City Council further directs the City Clerk to affix the seal of the City to, and attest 56 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 57 incurrence of the indebtedness represented by the issuance and delivery of the Installment 58 Purchase Agreement. 59 60 4. The City Council hereby elects to issue the indebtedness under the Charter of 61 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 62 indebtedness a contractual obligation bearing the full faith and credit of the City. 63 64 5. The City Council hereby authorizes the transfer of $193,131.20 from the 65 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 66 City Manager is empowered to transfer sufficient additional funds or return funds not 67 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 68 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 69 Treasury STRIPS as described in the Installment Purchase Agreement. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 74 12026. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Managemen Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: wcx—�4-11— �� g. ff&1-4w Director of Finance City Attorney's Office CA17183 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2025-179 SUMMARY OF TERMS SELLER: Chester Q. Eason and Carol C.Eason, Trustees of the Chester and Carol Eason Revocable Living Trust; Chester Q.Eason; and Derek J. Eason PROPERTY: 3993 &3995 Muddy Creek Road(GPINs: 2411-76-9190, 2411-85-3531, 2411-86-7156, 2411-96-9044,2411-96-5005 and 2411-75-8092) PURCHASE PRICE: $755,182 EASEMENT AREA: 81.6 acres,more or less DEVELOPMENT POTENTIAL: Four(4) single-family building sites (1 reserved by Seller for a second residential dwelling on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fiend purchase price,but not less than 5.057%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("1PA")). Rate may not exceed 7.057%without approval of City Council, TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. {t: • • 0 .1� -- t CLASS • . - <Null> Class I Class I Mow Floodplain Class II Class 111(Class 11-Fp) Wec Soils Wt *r• � Y k gyp'/ Rde *.r x City of Virginia Beach Eason Property 3995 Muddy Creek Road 3995 Muddy Creek Road - x GPINs: 2411-76-9190 2411-85-3531 2411-86-7156 1, 2411-96-9044 2411-96-5005 - ! y. 2411-75-8092 85.13 acres 81 .60 acres eligible for ARP . e CITY OF VIRGINIA Disclosure BEACH Staternen i The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT • APPLICANT INFORMATION Applicant Name; as listed on application IC 'J AM S F'A-5 ✓ C11YN Is Applicant also the Owner of the subject property?Yes No O If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3), Does Applicant have a Representative?Yes No 0 O If yes,name Representative: Is Applicant a corporation,partnership, firm, business,trust or unincorporated business? Yes O Now-'( 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 U No If yes, name proposed or pending purchaser: j I 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 yes, name the official or employee,and describe the nature of their interest. i i i APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual) Financing(mortgage,deeds of trust, Q cross-collateralization, etc.) )" Disclosure Statement J rev.M ay-2024 page 1 of 4 j Real Estate Broker/Agent/Realtor 'SECTIONAPPLICANT •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual) Accounting/Tax Return Preparation Q %\ IV%bel,- L-a.h21 Architect/Designer/Landscape Architect/Land Planner Q Construction Contractor Engineer/Surveyor/Agent Q Legal Services O i APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for j 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 co mittee in connection with this application. i Applicant Name (Print) Applicant Signature Date "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. z 'Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest In the other business entity, (H) i FOR CITY USE ONLY: 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 j 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 I 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. 1 I Disclosure Statement I rev.M ay-2024 page 2 of 4 i i DisclosureVIRGINIA V�-B, 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 Virglnla law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. 'SECTION APPLICANT • ' APPLICANT INFORMATION Applicant Name: as listed on application AS e-1l\J Is Applicant also the Owner of the subject property?Yes J* No 0 if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes (N�;- O 0 If yes,name Representative: Is Applicant a corporation, partnership, firm,business,trust or unincorporated business? Yes 0 No0 If yes, list the names of all officers, directors, members,or trustees below AND businesses that have a i parent-subsidiary 'or affiliated business entity 1 relationship with the applicant. (Attach list If necessary.) Does the subject property have a proposed or pending purchaser? Yes Uo If yes, name proposed or pending purchaser, } KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE I 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 yes, name the official or employee, and describe the nature of their interest. ii I1 i APPLICANT SERVICES DISCLOSURE i 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.) i SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, 0 0 A6, cross-collateralization, etc,) I� i Disclosure Statement I rev. M ay-2024 page 1 of 4 I i f i Real Estate Broker/Agent/Realtor 0 i I 'SECTION APPLICANT DISCLOSURE i I SERVICE YES NO SERVICE PROVIDER i (Name entity and/or individual) 79-AC FY NE I Accounting/Tax Return Preparation o - �l I� F Architect/Designer/landscape Architect/Land Planner o Construction Contractor O f Engineer/Surveyor/Agent O Legal Services 0 i APPLICANT CERTIFICATION READ:I certify that all information contained In this form Is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with tills application. I { i �Z/2-6& v 2 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, I that exists when (I)one business entity has a controlling ownership interest In the other business entity, (H) i I FOR CITY USE ONLY: s a controlling owner In one entity is also a controlling owner In the other entity, or(III)there Is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship Include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise shore activities,resources or personnel i 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. ! 1 I Disclosure Statement J rev.M ay-2024 page 2 of 4 ■ VIRGINIA Disclosure i 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 I bodies. i�SECTI• APPLICANT DISCL• I APPLICANT INFORMATION Applicant Name: l as listed on application,—�-/',5TCQ f$oJy Is Applicant also the Owner of the subject property?Yes No O If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does j Applicant have a Representative?Yes No O O If yes,name Representative; �c Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes Qc NoO If yes, list the names of all officers, directors,members, or trustees below AND businesses that have a I parent-subsidiary 'or affiliated business entity 'relationship with the applicant. (Attach list if necessary.) a �f/�Src� C1�i.vTa�+/ G-.4 Serif/ i i Does the subject property have a proposed or pending purchaser? Yes U No V I If yes,name proposed or pending purchaser: I 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 yes, name the official or employee, and describe the nature of their interest. (I I APPLICANT SERVICES DISCLOSURE i 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.) j 1 -2024 page 1 of 4 Disclosure Statement rev.M ay 11 Real Estate Broker/Agent/Realtor i i SECTION APPLICANT •SURE continued i SERVICE YES NO SERVICE PROVIDER (Name entity and/or Individual) Accounting/Tax Return Preparation , o �km Lv�n� �' u�t�11 Architect/Designer/Landscape Architect/Land Planner O Construction Contractor O i Engineer/Surveyor/Agent O j i Legal Services 0 I i i APPLICANT CERTIFICATION READ:I certify that all Information contained in this Form Is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein three weeks prior to the meeting of Planning Commission, City ; Council, VBDA, CBPA, Wetlands Board or any public bod or c mmlttee in connection with this application. elf A C (�aAxt�jll 1t GCIQ-e/1 J-/o_ Z Applicant Name (Print) Applicant Signature Date i II 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or i Indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See I 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, I that exists when (I)one business entity has a controlling ownership interest In the other business entity, (ii) FOR CITY USE ONLY: a controlling owner in one entity is also a controlling owner in the other entity, or(ill)there is shared management or control between the business entities. Factors that should be considered In determining the } I 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. i I Disclosure Statement rev.May-2024 page 2 of 4 I j } PUBLIC HEARING PARTIAL EASEMENT VACATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 6,2026 at 6:00 p.m.in the Council Chamber,City Hall-Bldg.1, Municipal Center, 2401 Courthouse Drive,Virginia Beach,Virginia 23456. The purpose of this hearing isto obtain Public comment on the vacation of approximately 5 feet of the existing 25- foot pedestrian access easement located along the western boundary of 4576 Bonney Road (GPIN: 1477-52- 4516)owned by OB 22,LLC,to allow for the reconstruction and relocation of the existing pedestrian trail within the remaining 20'of the easement If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 3854303;Hearing Impaired call 711. Any questions concerning this matter should be directed to the Dept.of Park &Recreation,2154 Landstown Road, Virginia Beach,Virginia 23456,(757) 385-1100,fun@vbeov.com 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 October 6,2026. 2. Download WebEx and view the meeting at: httos://vhgov.webex.com/weblInk Zre9ISter/rcC9ff09355h7dbSe573 f7a0097aft df5 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 27,2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing the Vacation of an Approximately 2,079 Sq. Ft. Portion of a Variable Width Public Pedestrian Access Easement Located Along the Western Boundary of 4576 Bonney Road PUBLIC HEARING DATE: October 6, 2026 MEETING DATE: October 20, 2026 ■ Background: On April 28, 2022, the City of Virginia Beach (the "City") sold approximately 11.7 acres of real property located at 4576 Bonney Road (GPIN: 1477- 52-4516) (the "Property") to OB 22, LLC, an entity affiliated with Olympia Development (the "Developer"). As a condition of the sale, OB 22, LLC dedicated back to the City a variable-width pedestrian access easement along the western boundary of the Property (the "Easement"). The Easement is generally 25 feet wide with it expanding to approximately 30 feet wide at its northern end. The Deed of Easement Dedication was recorded in the Clerk's Office of the Virginia Beach Circuit Court as Instrument No. 202203025237. The purpose of the Easement was for the construction and maintenance of a portion of the Thaila Creek Greenway (the "Trail") to allow access from Bonney Road to the main portion of the Trail. The pedestrian path within the Easement is 10 feet wide, with 2-foot shoulders on either side. The Developer is in the process of developing apartments on the Property (the "Apartment. Project"). To accommodate the Apartment Project, the Developer has requested that the City vacate a 2,079+/- sq. ft. portion of the Easement ("Portion to be Vacated") as depicted on Exhibit A attached to the Ordinance, which would reduce the Easement by 5 feet in width (or greater at its northern end). As also depicted on Exhibit A_, the remaining portion of the Easement would be 20 feet wide or greater (the "20' Easement"). As a part of the Apartment Project, Developer would relocate the existing path to a new location within the 20' Easement, including all related infrastructure. During construction of the Apartment Project, the path will be out of use due to the construction activity. Once the Apartment Project and path relocation are complete, pedestrian access between Bonney Road and the Trail will remain substantially as it currently exists. The relocated path within the 20' Easement will be 10 feet wide with 2-foot shoulders, will run along the western boundary of the Property, and will provide pedestrian access between Bonney Road and the Trail. ■ Considerations: City staff reviewed Developer's request to vacate a portion of the Easement as set forth herein and recommends approval of same, subject to the following conditions: 1. The reconstructed path shall be the same size and material as the existing path; 2. The approved site plan for Developer's Apartment Project shall require that any drainage currently handled by the ditch adjacent to the existing path be handled by the stormwater system for the Developer's Apartment Project; 3. The exact location and configuration of the relocated path within the 20' Easement will be determined during site plan review, but shall be substantially as shown on Exhibit A; 4. The deed of partial vacation vacating the Portion to be Vacated must be approved by the City Attorney's Office prior to recordation; and 5. The deed of partial vacation shall not be delivered to Developer or recorded until the relocated path within the 20' Easement has been constructed, inspected and accepted by the City. A supermajority vote of City Council is required to vacate a portion of the Easement. ■ Public Information: Advertisement for a public hearing as required by §15.2- 1800 Code of Virginia. A public hearing will be held on October 6, 2026. Public notice also will be provided via the normal City Council agenda process. ■ Alternatives: Deny the vacation of the Easement. ■ Recommendations: Approve the request subject to the terms and conditions of the Ordinance. ■ Attachments: Ordinance, Exhibit, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Deparrtment/Agency: Parks & Recreation City Manager:01? I ORDINANCE AUTHORIZING THE VACATION OF AN 2 APPROXIMATELY 2,079 SQ. FT. PORTION OF A 3 VARIABLE WIDTH PUBLIC PEDESTRIAN ACCESS 4 EASEMENT LOCATED ALONG THE WESTERN 5 BOUNDARY OF 4576 BONNEY ROAD 6 7 WHEREAS, on April 28, 2022, the City of Virginia Beach (the "City") sold 8 approximately 11.7 acres of real property located at 4576 Bonney Road (the "Property") 9 to OB 22, LLC, an entity affiliated with Olympia Development (the "Developer"); 10 11 WHEREAS, as a condition of the sale, OB 22, LLC dedicated back to the City a 12 variable-width pedestrian access easement along the western boundary of the Property 13 (the "Easement") for the purpose of constructing and maintaining a pedestrian path 14 within the Easement to allow access to and from Bonney Road and the Thalia Creek 15 Greenway (the "Trail"); 16 17 WHEREAS, the Developer is in the process of developing apartments on the 18 Property (the "Apartment Project"); 19 20 WHEREAS, to accommodate the Apartment Project, the Developer has 21 requested that the City vacate a 2,079+/- sq. ft. portion of the Easement ("Portion to be 22 Vacated") as depicted on Exhibit A attached hereto and made a part hereof, which 23 would reduce the Easement by 5 feet in width (or greater at its northern end). As 24 depicted on Exhibit A, the remaining portion of the Easement will be 20 feet wide or 25 greater (the "20' Easement"). 26 27 WHEREAS, as a part of the Apartment Project, Developer would relocate the 28 existing path and all related infrastructure to a new location within the 20' Easement; 29 30 WHEREAS, once the Apartment Project and path relocation are complete, the 31 relocated path within the 20' Easement will be 10 feet wide, will continue to run along 32 the western boundary of the Property, and will continue to provide pedestrian access 33 between Bonney Road and the Trail; and 34 35 WHEREAS, the City Council is willing to grant Developer's request that the 36 Easement be partially vacated, subject to certain conditions being met during the site 37 plan approval process. 38 39 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 40 VIRGINIA: 41 42 1. That approximately 2,079 sq. ft. of the Easement, as more 43 particularly described on Exhibit A attached hereto and incorporated herein, is 44 authorized to be vacated subject to the following conditions: 45 a) The reconstructed path shall be the same size and material as the 46 existing path; 47 48 b) The approved site plan for the Apartment Project shall require that 49 any drainage currently handled by the ditch adjacent to the existing path be handled by 50 the stormwater system for the Developer's Apartment Project; 51 52 c) The exact location and configuration of the relocated path within the 53 20' Easement will be determined during site plan review, but shall be substantially as 54 shown on Exhibit A; 55 56 d) The deed of partial vacation vacating the Portion to be Vacated must 57 be approved by the City Attorney's Office prior to recordation; and 58 59 e) The deed of partial vacation shall not be delivered to Developer or 60 recorded until the relocated path within the 20' Easement has been constructed, 61 inspected and accepted by the City. 62 63 2. That the City Manager or his designee is authorized to execute all 64 documents that may be necessary or appropriate in connection with the actions 65 authorized above, and including such other terms, conditions or modifications as may 66 be acceptable to the City Manager and in a form deemed satisfactory by the City 67 Attorney. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 70 of , 20 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Pa t Recreation City Attorney CA17187 \Ivbgov.com\df s 1lappt ications�citylawlcyoom 321wpdocs1d011 Vp055101156007.doc R-1 9/24/26 - - L1 \ N:3472734.24' : :.(T )" h s� \ E.- 12175224.18' :; _.::. o T< N/F ABEMS&ASSOCIATES \ (INST#20 14 1 10600 1060 160) \ GPIN 14775217610000 PORTION OF PUBLIC �:: ;•;;: ;, PEDESTRIAN ACCESS EASEMENT \ (INST#202207000062) (INST#202203025237) TO BE VACATED 0 o� o PUBLIC PEDESTRIAN ' ACCESS EASEMENT (WST#202207000062) \ ' (INST#202203025237) N/F ABEMS&ASSOCIATES (INST#20141106001060160) ff GPIN 14774296970000 PARCEL-1 (M.B.298,P.9) N/F OB 22,LLC APPROXIMATE LOCATION OF (INST#202203025236) 15'VIRGINIA ELECTRIC&POWER GPIN 14775245160000 COMPANY(VEPCO)EASEMENT ;i;:;•; R/W37811 (D.B.2304,P.928) 10.00 5.00 5.00 L'TH OP DJ� t..r: C T0DD FRENCH N.-3472495.40' : Lic. No. 2410 E. 12174948.27' �D SUR`�y� LAR, ?NNE)" Z5 �4 VDOT ZEW/DA R0Az) �Og 14 2- 30 04413 ��-OF-tVgY 2 j PB�l 68 P 3006) EXHIBIT A PLAT SHOWING PORTION OF PUBLIC PEDESTRIAN ACCESS EASEMENT TO BE VACATED SCALE 1"=40' (INST #202207000062) SEE SHEET 2 FOR NOTES, (INST #202203025237) 0 40' 80' LEGEND&LINE TABLE LOCATED ON PARCEL-1 (M.B. 298, P. 9) T I M M O N S G kO U P Virginia Beach Virginia THIS DRAWING PREPARED AT THE Date: 0810412026 Scale: 1"= 40' VIRGINIA BEACH OFFICE Sheet 1 of 2 J.N.: 49538.003 2901 South Lynnhaven Road,Suite 200 1 Virginia Beach,VA 23452 TEL 757.213.6679 FAX 757.340.1415 www.timmons.com Last Revised: NOTES: 1. THE MERIDIAN SOURCE OF THIS SURVEY IS BASED ON INSTRUMENT#20220700062 WHICH REFERENCES THE VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE,NORTH AMERICAN DATUM 1983/1993(HARN).COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S.SURVEY FEET. 2. THIS PLAT IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT REPRESENT A SUBDIVISION OF LAND. 3. THE PURPOSE OF THIS EXHIBIT IS TO VACATE A PORTION OF A PUBLIC PEDESTRIAN EASEMENT. 4. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ALL MATTERS AFFECTING THE PROPERTY SHOWN HEREON. LEGEND/ABBREVIATIONS OAL OVERALL LENGTH LINE TABLE LINE BEARING LENGTH PUBLIC PEDESTRIAN ACCESS EASEMENT TO REMAIN L1 S40°52'55"E 7.50' AREA TO REMAIN=27,935 SQ.FT. OR 0.641 AC. L2 S40°52'55"E 26.34' L3 S83°56'36"W 24.23' PORTION OF PUBLIC PEDESTRIAN ACCESS EASEMENT TO BE VACATED L4 N28°14'41"W 5.12' AREA TO BE VACATED=2,079 SQ.FT. OR 0.048 AC. L5 N28°14'41"W 20.50' Pt,TH OF TODD FRENCH a Lic. No. 2410 y-za2� SUR��� EXHIBIT A PLAT SHOWING PORTION OF PUBLIC PEDESTRIAN ACCESS EASEMENT TO BE VACATED (INST#202207000062) (INST#202203025237) LOCATED ON PARCEL-1 (M.B. 298, P. 9) T I M M O N S GROUP .-* %6 Virginia Beach Virginia THIS DRAWING PREPARED AT THE Date: 0810412026 Scale: N/A VIRGINIA BEACH OFFICE Sheet 2 of 2 J.N.: 49538.003 2901 South Lynnhaven Road,Suite 200 1 Virginia Beach,VA 23452 TEL 757.213.6679 FAX 757.340.1415 www.timmons.com Last Revised: - e_ t LOCATION MAP Z T " IS �. '{'F # a ca rNA 4�w C,�e `a IY W Gr a e Ya a:> Z 2 m« a n 80A, ._ C 4576 Bonney Road pa (G P I N: 1477-52-4516) 04 Approx. Location of Public Pedestrian Access Easement ti, r � BQNNEY RQ c� 1-264 ... t Disclosure CITY G i Disclosure VIRGINIA • BEACHStatement 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: B as listed on applicationONNEY RD APARTMENTS LLC Is Applicant also the Owner of the subject property? Yeso No0 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese No0 if yes,name Representative: Richard L. Bowie Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNoo if yes,list the names of al/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.) Members:OB 22,LLC and J&L BONNEY RD APMTS LLC;Managers:Cecil V.Cutchins,Jr.and John H.Peterson,III Does the subject property have a proposed or pending purchaser? Yes No • If yes,name proposed or pending purchaser: Owner will contribute the Property to Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes,name the official or employee,and describe the nature of their interest. _ I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, O 0 TBD cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Bonney Rd Apartments LLC Agenda Item 11 page 25 of 28 Disclosure DISCLOSURESECTION 1: APPLICANT SERVICE YES NO SERVICE PROVIDER Name entity andjor individual Accounting/Tax Return Preparation E) 0 TBD Architect/Designer/Landscape Q 0 Heffner Architects,PC Architect/Land Planner Construction Contractor @ 0 Terry/Peterson Residential Companies,L.L.C. Engineer/Surveyor/Agent 0 0 Timmons Group Legal Services E) 0 Wilcox Savage 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. John H. Peterson, III, ManagerC'7) b 7-9 ZD-Li, Applicant Name(Print) Ap icant Signature Date 1'Parent subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Bonney Rd'Apartments LLC Agenda Item 11 page 26 of 28 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application OB 22, LLC, a Virginia limited liability company 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 z relationship with the applicant. (Attach list if necessary.) [Members:(3LYMPla 1K,"E5TMA�-1q, Managers:Cecil V.Cutchins Does the subject property have a proposed or pending purchaser? Yeso No1J+ if yes,name proposed or pending purchaser: Owner will contribute the Property to Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 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, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 G Accounting/Tax Return Preparation 0 G Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 Legal Services G 0 Wilcox Savage 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 bo or mmittee in connection with this application. c V Cuis`hf.ySr� LL' Property Owner Name(Print) Propert Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Bonney Rd Apartments LLC Agenda Item 11 page 27 of 28 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as the Lake Gaston Pipeline adjacent to 0 Kientz Road re maintain an existing 30'- wide gravel drive 2. Resolution to WITHDRAW the Resolution referring to the Planning Commission the proposed amendment to the City Zoning Ordinance (CZO) to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District (Requested by Mayor Dyer, Vice Mayor Wilson and Council Member Remick) 3. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road 4. Ordinance to APPOINT Dana R. Harmeyer as Acting City Attorney (Requested by City Council) 5. Ordinance to APPROPRIATE $655,931 from the fund balance of the Technology Trust Fund to the FY 2026-27 Clerk of the Circuit Court Operating Budget re support technology needs and upgrades 6. Ordinance to APPROPRIATE $29,532 from the balance of the Schilling Point Special Service District Special Revenue Fund to Capital Project #100643, "Schilling Point Neighborhood Dredging II" within the FY 2026-27 Capital Improvement Program 7. Ordinance to ACCEPT and APPROPRIATE $177,136.44 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2026-27 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 8. Ordinance to ACCEPT and APPROPRIATE $60,076 from the Virginia Department of Motor Vehicles (DMV) to the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime and equipment expenses related to enhanced speed enforcement 9. Ordinance to ACCEPT and APPROPRIATE $27,750 from the Virginia Department of Motor Vehicles (DMV)to the the FY 2026-27 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training, and equipment expenses related to DUI enforcement 10. Ordinance to TRANSFER$260,000 from Capital Project #100489 "Winston Salem Avenue Improvements" and $200,000 from Capital Project# 100576 "VA Beach Innovation Park Infrasture II"to Capital Project#100459, "ViBe District Street Infrastructure Improvements" re close Capital Project#100459 s Nu e� ♦4 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of City- owned property known as the Lake Gaston Pipeline, located adjacent to 0 Kientz Road (Tax Parcel 147-A-14) MEETING DATE: October 6, 2026 ■ Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline (Tax Parcel 147-A-13A), which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. The Pipeline runs through a City-owned right-of-way, a portion of which is adjacent to 0 Kientz Road (Route 646) in the Town of Jarratt, Sussex County, Virginia (the "Property"). Judy Allen Harrison (the "Applicant") has requested permission to maintain an existing 30'-wide gravel drive (the "Temporary Encroachment") that crosses the Property (the "Encroachment Area"). ■ Considerations: The intended use of the gravel drive is for the Applicant's granddaughter to get to and from her home constructed on a subdivided portion of Applicant's land. Granting the Temporary Encroachment within the Encroachment Area would not interfere with or limit the City's use of the Pipeline, so long as the driveway is used for residential use, and is not regularly used for commercial or industrial vehicles. City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of Public Hearing and public notice via the normal City Council agenda process. ■ Alternatives: Deny the encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreements, Pictures, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: /-" ' 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF CITY-OWNED 5 PROPERTY KNOWN AS THE LAKE GASTON 6 PIPELINE, LOCATED ADJACENT TO 0 KIENTZ ROAD 7 (TAX PARCEL 147-A-14) 8 9 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 10 Pipeline, which extends from Brunswick County to Isle of Wight County(the "Pipeline"), and 11 provides raw water from Lake Gaston to the City of Virginia Beach; 12 13 WHEREAS, a portion of the Pipeline (Tax Parcel 147-A-13A) runs within a 14 City-owned right-of-way through the Town of Jarratt, Sussex County, Virginia (the 15 "Property") adjacent to 0 Kientz Road (Route 646), which is owned by Judy Allen Harrison 16 (the 'Applicant"); 17 18 WHEREAS, the Applicant has requested permission to maintain an existing 19 30'-wide gravel drive (the "Temporary Encroachment") that crosses the Property (the 20 "Encroachment Area"), for the purpose of maintaining the existing 30' gravel driveway used 21 to provide access from the Applicant's property to Kientz Road; 22 23 WHEREAS, the intended use of the gravel drive is for the Applicant's 24 granddaughter to get to and from her home constructed on a subdivided portion of 25 Applicant's land; 26 27 WHEREAS, Public Utilities has advised that granting the Temporary 28 Encroachment within the Encroachment Area will not interfere with the City's operation of 29 the Pipeline, so long as the driveway is used for residential use, and is not regularly used 30 for commercial or industrial vehicles; and 31 32 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 33 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 34 the City's property, subject to such terms and conditions as Council may prescribe. 35 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 38 CITY OF VIRGINIA BEACH, VIRGINIA: 39 40 41 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 42 2009, and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, 43 assigns and successors in title are authorized to maintain the Temporary Encroachment 44 within the Encroachment Area as shown on the map entitled: "EXHIBIT `A' — EXHIBIT 45 SHOWING 30' WIDE ENCROACHMENT FOR JUDY ALLEN HARRISON," Scale: 1" _ 1 46 100', dated September 29, 2024 and revised through May 20, 2026, prepared by Richard 47 W. Odom, LS, a copy of which is attached hereto as Exhibit A, on file in the Department of 48 Public Works and to which reference is made for a more particular description; 49 50 BE IT FURTHER ORDAINED that the Temporary Encroachment is expressly 51 subject to those terms, conditions and criteria contained in the agreement between the City 52 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 53 been presented to the Council in its agenda, and will be recorded among the records of the 54 Clerk's Office of the Circuit Court of Sussex County; 55 56 BE IT FURTHER ORDAINED that the City Manager or his authorized 57 designee is hereby authorized to execute the Agreement; and 58 59 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until 60 such time as the Applicant and the City Manager or his authorized designee execute the 61 Agreement. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 day of 12026. CA16701 R-1 PREPARED: 6/16/26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: CMG ;�- ,�/ Z� PUBLIC WORKS, REAL ESTATE CITY ATTORNE APPROVED AS TO CONTENT: PUBLIC UTILITIES, ENGINEERING 2 o rn I hereby certify that this boundary survey K� is based on a current field survey and A eot Rd Jc.� 3j5 to the best of my knowledge and belief is �-�--=_State . correct and complies with minimum procedures !-�°ute 646 646 and standards established by the Virginia State 50• R Board of Architects, Professional Engineers, _ — — r T enter/i�e�__/_W —R/ly + — Site Land Surveyors, Certified Interior Designers propertyllinel, and Landscape Architects. •• •••. f Vicinity Map not to scale N`�AL71f OA t Richard W. Odom,. _ License. No. 3165 ^ oN Course Bearing Distance " 1eHAR W. 0 0M • 1 o Q a o Lic. No. 3165 f 43 o, Christopher A. Harrison U L1 N 07 17 39 E 100.00 . '� P ca L2 N 07028'27" E 141 .24' .S`Zo Z0,14 aJ 1 �� D.B. 177, PG. 310 � n CP@ int. of VA Rt. 646 ! / �. ► o'k For Plat See c z -1,�, p�- o r V D.B. 177 PG. 312 Legend and VA Rt. 315 �/� SURVti� �.<< Tax Parcel 147—A-13 `l 0 o FIP = Found Iron Pipe ` 6S c 1 all z (A FIR = Found Iron Rod t%e �� 8�2„ �•i Centerline of Existing Q SIR = Set Iron Rod ne 8' �l 30 Wide Gravel Drive nod ��SS CP = Computed Point (Encroachment) to 6 i ohp = overhead power lines — _ Score 6\ ' tie R/W = Right of Way City — — _� C4 line not to scale D. of Virginio Beach I'*� S 82 42'21 E This survey was performed without the benefit of a P/ot Book PG 880 prope�tY lirie04 44' i'� current Title Report, and as such, this survey is 146_148 17, Pgs ;I�, City of Vir I FCP — — subject to all easements, agreements, and rights Tax P D.B. 119, pG la Beochk —of—way of record prior to the date of this plat. — _a�Cel 147—A_13q J �l! P/ot Book 1 . 880 Tax Parce/ Pgs. 146-148 Exh30'' Wide Encroachment Showing N 82 42'21„W 2 ,CP1 — N a —Proper/ineA oachmen t For 1/2„F/R to CPD 49 �e r'% 82 42 21 W 298, — '�- JUD Y ALLEN HARRISON . C\J �11N -itz Modilyn Marie Harrison o (Revised May 20, 2026) Judy Allen Harrison D.B. 336, PG. 329 HenryMagisterial District Sussex County VA Tract i D.B. 295, e/ Plat Book 25, Page 107 �1 Date: September 29, 2024 Scale: 1 PG. 515 a Tax Parcel 147—A-14A = 100' • Coord: CHARRISON.crd Drawing:CHarrisonEoseRev1.dw Tax cel 47 Aar14 �{, �112"FIR 100 0 Map By. Richard W. Odom, LS VjM7NF 100 205 Dunshill Road (252) 578-4283 Roanoke Rapids, NC 27870 Graphic Scale PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Zryday of Au&u$T , 20 a6, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JUDY ALLEN HARRISON, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH.- WHEREAS, the Grantee is the owner of that certain real property located in the Town of Jarratt, Sussex County, Virginia, being known as "TRACT 1 D.B. 295, PG. 515 TAX PARCEL 147-A-14" as shown on that certain exhibit plat entitled: "EXHIBIT A— EXHIBIT SHOWING 30' WIDE ENCROACHMENT FOR JUDY ALLEN HARRISON," Scale 1"= 100', dated September 29, 2024 and revised through May 20, 2026, prepared by Richard W. Odom, LS, being further designated, known, and described as 0 Kientz Road, Jarratt, Virginia, and being substantially as shown on Valuation Maps V-2/13, V- 2/14, V-2/15, V-2/16, V-2/17, V-2/18 and V-2/19, on file in the Office of Archives of Norfolk and Western Railway Company, a Virginia corporation, in Atlanta, Georgia. WHEREAS, it is proposed by the Grantee to maintain an existing 30' wide gravel drive, the "Temporary Encroachment", on property owned by the City of Virginia Beach-, and TAX MAP: 147-A-14 (Harrison) 147-A-13A (City property) 2 WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City of Virginia Beach property known as the Lake Gaston Pipeline at Kientz Road (Route 646), the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia, the Town of Jarratt, and Sussex County, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A — EXHIBIT SHOWING 30' WIDE ENCROACHMENT FOR JUDY ALLEN HARRISON," Scale 1"= 100', dated September 29, 2024 and revised through May 20, 2026, prepared by Richard W. Odom, LS, 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. In the event 3 of an emergency, the City may call the Grantee to report the location, the City's name, and any other details about the emergency. Grantee shall promptly dispatch representatives to the affected site. In the event of a public necessity, the City will contact Grantee to request removal. It is further expressly understood and agreed that the Temporary Encroachment is solely permitted for residential use, and no commercial or industrial vehicles are permitted within the Temporary Encroachment or over the Pipeline. 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 City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited 4 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 to public, or to the City's raw water pipeline. The Grantee agrees to maintain the Temporary Encroachment in a manner that does not cause damage or shorten the useful life of the City's raw water pipeline. It is further expressly understood and agreed that the Grantee is not to perform construction (especially open cut excavations) within the Encroachment Area without a City representative onsite to oversee construction. The Grantee must notify the City of Virginia Beach Department of Public Utilities (757-385-4171) and Veolia Water (434-577-2604) at least 48 hours prior to construction within the City's raw water pipeline right-of-way. It is further expressly understood and agreed that the Grantee must obtain a permit from the local governing body of the jurisdiction in which the work is being performed prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of$81,000.00 representing two times the engineer's cost estimate of the raw water pipeline section within the encroachment area to the Department of Public Utilities 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, while the Temporary Encroachment is in effect, liability insurance with 5 the City included as an additional insured in an amount not less than $1,000,000.00, per occurrence combined single limit. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City may pursue all available legal remedies in a court of competent jurisdiction in the Circuit Court of the City of Virginia Beach, Virginia, if any of the terms set forth herein are not complied with. IN WITNESS WHEREOF, Judy Allen Harrison, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public 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: JUDY A EN HARRIS N STATE OF CITY/COUNTY OF 6 to-wit: The foregoing instrument was acknowledged before me this day of 20" by JUDY ALLEN HARRISON. J ' (SEAL) Notary Publil Notary Registration Number: "7 % W 7,5- 3 My Commission Expires: p C. — 3 o _ ,u� '] APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS — R ESTATE BRIDGET L. HENZEL ASSISTANT CITY ATTORNEY APPROVED AS TO CONTENTS PUBLIC UTILITIES O I hereby certify that this boundary survey Ki is based on a current field survey and ent 31 to the best of my knowledge and belief is -� State Rd J 5 correct and complies with minimum procedures — -,Route � . 646 and standards established by the Virginia State _ ` 50 R Board of Architects, Professional Engineers, _ r T ' �nte�iine�-�f11' ro line Site Land Surveyors, Certified Interior Designers, P Pert y•� � and Landscape Architects. •••••. Vicinity Map not to scale ~SAL'[ Richard W. Odom, License. No. 3165 C% 1 NCourse Bearing Distance CHAR W, Q QM U Lic. No. 3165 m o, Christopher A. Harrison U L1 N 07o 17 39 E 100.00 • �" ,C L2 N 07028'27" E 141 ,24' s/�Zo Zr7.(* ,c5 1 00 �_ D.B. 177, PG. 310 �( ,Q) cI r / o l U k For Plat See a� Q CP© int. of VA Rt. 646 ,f q �- %. D.B. 177 PG. 312 Legend and VA Rt. 315 J� �D SUR'y �!i Tax Parcel 147-A-13 A/ Q 0 o FIP = Found Iron Pipe 6' 1 Centerline of Existingi° z FIR = Found Iron Rod t'e ���`�02. `� a SIR = Set Iron Rod ne n !y 20 11 30' Wide Gravel Drive CP = Computed Point °� to :SSS (Encroachment) ohp = overhead power lines - Scae �.� , tie f R W = Right of Way C/t — — _� C� S line not to sco/e 9 Y D.B of Virg,n,a Beach Ir n - _ 82 42 21 E 5 , This 119, pG 04.44 currentrvey Titlewas Report, and as rmed without this sur the vey isfit a 14/6t Book 17, Pgs. �•-Ik � Citproy line ' - l�rl1 148 .--i I . D.B of Virginia Beach CP subject to all easements, agreements, and rights Tax Parcel 119 P 880 -of-way of record prior to the date of this plat. - , l 747-A_1,3A �I• P/at Book 17 -- �l Tax Parcel ' Pas. 146-148 Exhibit A - Exhibit Showing N 8242'21'W CP11 — N ;'P line A 30' Wide Encroachment For 1/2"F/R to CPO 49' �e r'i 82 42'21'�W 298 32� _ JUDY ALLEN HARRISON �` N(�� " N -J Modilyn Marie Harrison o` (Revised May 20, 2026) Judy Allen Harrison 0 (Q D.B. 336, PG. 329 � � Henry Magisterial District Sussex County VA Tract 1 D.B. 295, of Plat Book 25, Page 107 Dote: September 29, 2024 Scale: 1 PG. 515 a Tax Parcel 147-A-14A Tax Parcel = 100' • Coord: CHARRISON.crd Drawing:CHarrisonEaseRev1.dw 47 A-14 �l �112"FIR Map By. Richord W. Odom, LS 100 0 100 205 Dunshill Road (252) 578-4283 Roanoke Rapids, NC 27870 Graphic Scale ♦ I. r „Y s ya$ f - T i• ti ' ;T-' � -- `�, *. ._ram ..' •'.�.. ,'... �`. ->• ," . ��-1 �. '�'Q`y - a''�♦ •vt"' A. F,d' �•,�s+ �`'?•tiw. c'� y<•. ,•♦�. ._ . � �'�- �,�tr � ,.,...R_ e�ti7.�.�•• lio AV— All H ... Is �4; ,. fie. r w . ,• ,� -. poll 4e � • Y th PIP • .. err!► •Aw 7i • r r> y w Y ��� ♦ .. Id I 1 IV'�,pda�tt'� -s. -..' �:- ram: - 9j T -• ` . 4 i dr Aq i • i r•F-rp '..�P; f- _ j"{ -t' . fig.-s , - WL i , , \mow s-t w.� . '� • # •�� . \' • �� '� 4Z. _ .,gym •.t- :� ,� 4h i r,u 4 i W 4 6 •v t rl 4$ y f ,'�' - y din.. • is t .►F All .c :. - ,- •sew +. k:;; ," .,. i 1. rr— '+��' wr •�a•t it "�` �iY'w�,ai�,x�,� ..,+�„ ,.._ -r �y .. #^#,,..�"i F�: � wr ,a�43 w - r'?`•� i"r i�j iec� .t • �,yt' =��`�"� '~ *'�, "' _ ^tip. '. v r . r m _ 9 :• � • � F r } _f 4 v to # � 1� ♦ - - m .� N a s rA • ' q ��" °�i • P CITY OF V-6- 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 al/applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT APPLICANT INFORMATION Applicant Name: f as listed on application ZZ /. - A RQ `Jam fA-d /i iJ A /�'rQ/Qr;7on1 Is Applicant also the Owner of a subject property? Yes® Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(No® If yes, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes()Nol� If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes 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 he subject land or any proposed development contingent on the subject public action? Yes(o) No If yes, name the official or employee, and describe the nature of their interest. 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 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1 : APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape Architect/Land Planner //'�►►�� Construction Contractor V Engineer/Surveyor/Agent ® Legal Services APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) 2Ap4pyr6ant 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 N one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities,"See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CiTY USE ONLY: No changes as of(date): >1a T a6 Staff Name (Print) tall S' ature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Ct_d i 4 44 i.S6^1 Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yeso No(R If yes, list the names of all officers,directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes() No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() Nof 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, Alh cross-collateralization, etc.) wo Real Estate Broker/Agent/Realtor Accounting/TaxReturn Preparation Q Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent () Legal Services () PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 an -#u is body or com ittee in connection with this application. A, / /)P, _ 1 P operty Owner Name (Print) roperty Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Withdrawing the Resolution Referring to the Planning Commission the Proposed Amendment to the City Zoning Ordinance Pertaining to Amending the Official Zoning Map to Reduce the Oceanfront Resort Short Term Rental Overlay District. MEETING DATE: October 6, 2026 ■ Background: Mayor Dyer, Vice-Mayor Wilson, and Councilmember Remick have received additional feedback from stakeholders within the community regarding the proposed amendment to the City Zoning Ordinance pertaining to amending the Official Zoning Map to reduce the Short Term Rental Overlay District. This resolution withdraws the September 15, 2026 resolution that referred the proposed amendment to the Planning Commission for its consideration and recommendation. ■ Considerations: Due to additional feedback, consideration and a recommendation from the Planning Commission on the previously referred amendment may not be desired at this time. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Withdraw the September 15, 2026 resolution referring to the Planning Commission the proposed amendment to the City Zoning Ordinance pertaining to amending the Official Zoning Map to Reduce the Oceanfront Resort Short Term Rental Overlay District. ■ Attachments: Withdrawal Resolution; September 15, 2026 Referral Resolution; Ordinance; Map of proposed boundary Requested by Mayor Dyer, Vice-Mayor Wilson, and Councilmember Remick Requested by Mayor Dyer, Vice-Mayor Wilson, and Councilmember Remick 1 A RESOLUTION WITHDRAWING THE RESOLUTION 2 REFFERING THE PROPOSED AMENDMENT TO THE CITY 3 ZONING ORDINANCE PERTAINING TO AMENDING THE 4 OFFICIAL ZONING MAP TO REDUCE THE OCEANFRONT 5 RESORT SHORT TERM RENTAL OVERLAY DISTRICT 6 7 WHEREAS, on September 15, 2026, The City Council referred to the Planning 8 Commission, for its consideration and recommendation, an amendment to the City Zoning 9 Ordinance, pertaining to amending the official zoning map to reduce the Oceanfront Resort 10 Short Term Rental Overlay District; 11 12 WHEREAS, the City Council has received additional feedback from stakeholders 13 within the community; 14 15 WHEREAS, the City Council does not desire the recommendation of the Planning 16 Commission on further reducing the boundary of the Short Term Rental Overlay District at 17 this time; 18 19 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA: 21 22 That the resolution referring to the Planning Commission the proposed amendment to 23 the City Zoning Ordinance pertaining to amending the official zoning map to reduce the 24 oceanfront resort short term rental overlay district be, and hereby is, withdrawn. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 12026. APPROVED AS TO LEGAL SUFFICIENCY: (Fsvtl Ci At orney's Office CA17316 R-2 October 1, 2026 RES - 04384 1 A RESOLUTION REFERRING THE PROPOSED 2 AMENDMENT TO THE CITY ZONING ORDINANCE 3 PERTAINING TO AMENDING THE OFFICIAL ZONING MAP 4 TO REDUCE THE OCEANFRONT RESORT SHORT TERM 5 RENTAL OVERLAY DISTRICT 6 7 WHEREAS, The City Council referred to the Planning Commission, for its 8 consideration and recommendation, an amendment to the City Zoning Ordinance, pertaining 9 to amending the official zoning map to reduce the Oceanfront Resort Short Term Rental 10 Overlay District; 11 12 WHEREAS, the Planning Commission transmitted to the City Council its 13 recommendation concerning the amendment on August 12, 2026; 14 15 WHEREAS, the City Council voted on September 1 , 2026, to indefinitely defer the 16 amendment to the Official Zoning Map to allow for time for additional considerations; 17 18 WHEREAS, the City Council desires the recommendation of the Planning 19 Commission on further reducing the boundary of the Short Term Rental Overlay District; 20 21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 That the Planning Commission be, and hereby is, directed in accordance with Virginia 25 Code Section 15.2-2285 to transmit to the City Council its recommendations concerning the 26 aforesaid amendment no later than thirty (30) days after the date of the adoption of this 27 resolution. Adopted by the City Council of the City of Virginia Beach,Virginia, on the 16 "day of 2026. APPROVED AS TO LEGAL SUFFICIENCY: � ),11m7TA ) (�,/ City Attorney's Office CA17304 0 R-1 September 10, 2026 REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, AND SCHULMAN 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY THE DESIGNATION AND REDUCTION OF PROPERTY 3 LOCATED IN THE OCEANFRONT RESORT SHORT TERM 4 RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA- 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended to modify the boundary of the Oceanfront Resort Short Term Rental Overlay 14 District as follows: 15 16 1) The Oceanfront Resort Short Term Rental Overlay District shall consist only of 17 those properties zoned Oceanfront Resort District and shown on the attached 18 map labeled "Short Term Rentals: Alternative B." 19 20 2) Any short-term rental within this overlay district that is grandfathered pursuant 21 to section 241.2(12) shall still be considered grandfathered and must still meet 22 the conditions of section 241.2. Any expansion of the footprint of the dwelling 23 housing the short term rental that expands the overall square footage by more 24 than twenty-five (25) percent or one thousand (1,000) square feet, whichever 25 is less, shall have its grandfathered status revoked. Grandfathered status shall 26 run with the land. However, any grandfathered short term rental that 27 continuously remains vacant, or not used as a short term rental, for a period of 28 two (2) years or more, starting from the date of adoption of this ordinance, shall 29 lose its "grandfathered" designation. 30 31 3) Any short term rental within this overlay district that received a conditional use 32 permit before the adoption of this ordinance shall be considered grandfathered 33 and shall be permitted to continue subject to the conditions of section 241.2(1) 34 through (15) and (17) as modified by the terms of the conditional use permit 35 and shall not require additional administrative approval. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.- Planning Department City Attorney's Office CA-17305 R-1 September 10, 2026 2 Short Term Rentals: r CITY OF Alternative B BEACHVIRGIN ��� BEACH e,_ r w d - .. �w�tn�s � tea: ^�� ;: r� ��� `t + ��• ' •CUPs(330) O CUPs not in Alt B(67) F , M , °Alternative B Boundary ' � s ®Current STR Overlay District Ville Creative District WX UM Wp -Sources: Compliant STR data is from Accelo and Noncompliant STR data is from Granicus Host \..,.. Compliance(Note:each point that was flagged by Host Compliance meets the definition of a short-term rental and has been flagged for operating without a valid permit).Data obtained August2026. �� r� ARBp Bated by Plannin g Department on 9/1 012026 � g CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Commonwealth Brewing Company, LLC for the Closure of a Portion of Lake Drive Adjacent to 2444 Pleasure House Road MEETING DATE: October 6, 2026 ■ Background: On October 17, 2023, by Ordinance ORD-3753D, City Council approved the request by Commonwealth Brewing Company, LLC, a Virginia limited liability company (the "Applicant") to close a 7,130 sq. ft. portion of Lake Drive (the "Right- of-Way"), adjacent to its property located at 2444 Pleasure House Road (GPIN: 1570-50-2725), for the purpose of incorporating the closed area into its adjoining property. ■ Considerations: There were six (6) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of (a) a public utility easement over the entire "Area 1" of the Right- of-Way; and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall convey "Area 2" of the closed portion of the Right-of-Way to the City of Virginia Beach. 4. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within "Area 1" of the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be Commonwealth Brewing Company, LLC Page 2 of 2 provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right- of-Way and within Area 2 of the Right-of-Way. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. On September 18, 2024, and September 19, 2025, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3753D. Staff concluded that the requests for additional time were reasonable, and City Council, by Ordinances ORD-3787B and ORD-3830J, approved the extensions until October 16, 2026. The Applicant's subdivision plat has been submitted for review but has not yet received approval by the Planning Department; therefore, it will not be ready to record prior to the deadline to meet the conditions. On September 15, 2026, the Applicant requested additional time to satisfy the conditions and staff concluded that the request for additional six-month extension of time is reasonable. ■ Recommendation: Allow an extension of six (6) months for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 19� 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF COMMONWEALTH BREWING 4 COMPANY, LLC FOR THE CLOSURE OF A 5 PORTION OF LAKE DRIVE ADJACENT TO 6 2444 PLEASURE HOUSE ROAD 7 8 WHEREAS, on October 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Commonwealth Brewing Company, LLC (the "Applicant") for the 10 closure of a 7,130 sq. ft. portion of Lake Drive, adjacent to its property located at 2444 11 Pleasure House Road; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3753D) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before October 16, 2024; 16 17 WHEREAS, on September 18, 2024, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 19 adopted on October 15, 2024 (ORD-3787B), City Council approved the extension until 20 October 16, 2025; and 21 22 WHEREAS, on September 19, 2025, the Applicant requested an additional one- 23 year extension of time to satisfy the conditions to the aforesaid street closure action 24 and, by Ordinance adopted on October 7, 2025 (ORD-3830J), City Council approved 25 the extension until October 16, 2026; and 26 27 WHEREAS, on September 15, 2026, the Applicant requested an additional six- 28 month extension of time to satisfy the conditions to the aforesaid street closure action. 29 30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 31 Beach, Virginia: 32 33 That the date for meeting conditions of closure as stated in the Ordinance 34 adopted on October 17, 2023 (ORD-3753D), upon application of Commonwealth 35 Brewing Company, LLC, is extended to April 16, 2027. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day 38 of 2026. 39 40 No GPIN assigned (City Right-of-Way) 41 Adjacent to GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: kwe Planning Department City Attorney CA17191 R�5.R oo j> e Dri,V� R;5'R C o za- BY 1 m eY �` O•I 5 RZ� 9e R5R e LLLLLI Site Commonwealth Brewing Company, LLC `�*M/ E Property Polygons Zoning Portion of the 50-foot right-ofway of Lake Drive, east of Pleasure S Building House Road & 2440 & 2444 Pleasure House Road Feet 0 2040 80 120 160 200 240 DisclosureCITY OF VIRGINIA V-6, BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Commonwealth Brewing Company, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? Yes Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesQ No0 if yes, name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? Yes •�Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) rr Biggie, President 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 o proposed development contingent on the subject public action? Yes No(F) If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O O Chesapeake Beach Volunteer Fire&Rescue Dept.,Inc.;US Small Business cross-collateralization, etc.) Admin. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) O O Accounting/Tax Return Preparation Ginger Pickett, CPA Architect/Designer/Landscape O O Architect/land Planner Construction Contractor e Engineer/Surveyor/Agent John Sandow,John Sandow Engineering Legal Services Q O R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Jeramy Biggie, President J J�igg+e(Sep i9,2026 17:07:24 EDT) 09/1 9/2026 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE,ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 wv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Dana R. Harmeyer as Acting City Attorney MEETING DATE: October 6, 2026 ■ Background: City Attorney Mark D. Stiles passed away September 25, 2026. The City Council, City employees, and his friends, colleagues and loved ones mourn his untimely passing. City Charter § 9.02 provides that the City Council shall appoint a new City Attorney. ■ Considerations: This ordinance appoints Deputy City Attorney Dana R. Harmeyer as Acting City Attorney, effective October 6, 2026, and continuing until such time as a candidate appointed by the City Council to serve as City Attorney begins his or her term of office. Given the additional responsibilities and increased workload that an Acting City Attorney must assume, the ordinance increases his compensation by $3,244 per month (which is approximately 20% of his salary as deputy) while he serves as Acting City Attorney. ■ Attachment: Ordinance Requested by the City Council 1 AN ORDINANCE APPOINTING DANA R. HARMEYER AS 2 ACTING CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 1. That pursuant to § 9.02 of the City Charter, Dana R. Harmeyer is hereby 7 appointed as the Acting City Attorney, effective October 6, 2026. He shall serve in that 8 capacity until such time as a candidate appointed by the City Council to serve as City 9 Attorney begins his or her term of office. 10 11 2. Mr. Harmeyer's compensation shall be increased by$3,244 per month for the 12 period of time that he serves as Acting City Attorney. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 15 2026. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA17315 R-2 September 28, 2026 tN1A; p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $655,931 to the FY 2026-27 Operating Budget of the Clerk of the Circuit Court for Technology Related Expenses MEETING DATE: October 6, 2026 ■ Background: The Clerk of the Circuit Court receives funding for technology by assessing technology Court fees authorized by the Code of Virginia. During FY 2025- 26, the City received reimbursements from the State to the Technology Trust Fund and these funds must be appropriated for FY 2026-27 before the Clerk has the authority to use the funds. The Clerk's Office is requesting an appropriation of $655,931 from the balance of the Technology Trust Fund. This funding will support the annual software maintenance and also the Disaster Recovery maintenance plan with Logan Systems, Inc. (Land Records system), now known as Harris Recording Solutions, in addition to any hardware and servers as needed, the E-Filing and Jury systems with Tyler Technologies, Inc., the Supreme Court of Virginia CCMS (case management software), the Supreme Court of Virginia CIS (case imaging software), the Supreme Court of Virginia VDS (video docketing software), the Supreme Court of Virginia COVERS (additional land records program), also any additional hardware, software, and servers for all systems as needed for the Clerk's Office, and any supply needs (hard cards, printer ink, etc.) for the Concealed Handgun Permit on-line application with Permitium. ■ Considerations: This appropriation will not require any funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds for technology needs in their office with State revenue offsetting the appropriation. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: 0 1 AN ORDINANCE TO APPROPRIATE $655,931 TO THE FY 2 2026-27 OPERATING BUDGET OF THE CLERK OF THE 3 CIRCUIT COURT FOR TECHNOLOGY RELATED 4 EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $655,931 is hereby appropriated from the fund balance of the Technology Trust 10 Fund, with revenue increased accordingly, to the FY 2026-27 Operating Budget of 11 the Clerk of the Circuit Court to support technological related needs and upgrades. 12 13 2. Equipment purchased through this funding is not guaranteed to be replaced by the 14 City of Virginia Beach. Requires an affirmative vote by a majority of all of the members of 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: Budget and Management Services 4yyAttornevys Office CA17308 R-1 September 23, 2026 }f� at'MU-BF�jC�. S�T rs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Capital Project #100643, "Schilling Point Neighborhood Dredging II" MEETING DATE: October 6, 2026 ■ Background The Schilling Point area contains a neighborhood navigation channel funded through the Schilling Point Neighborhood Dredging Special Service District(SSD), which was established by City Council in June 2019. The SSD is on its second dredging cycle, which is executed within Capital Project #100643, "Schilling Point Neighborhood Dredging II." The project primarily has three components, which are funded through three sources: 1) Community channel dredging, which keeps the neighborhood connected to other City waterways, is funded by the City through the General Fund. 2) Neighborhood channel dredging is funded by an additional real estate tax on residents of the SSD of 58 cents per $100 of assessed value. 3) Residents may also opt into the dredging of access basins adjacent to their property, which are funded through contributions from the property owner. Each funding source may only be used for its respective component and expenditures must match revenues for private dredging at the completion of the project. SSD revenues are to equal total SSD expenditures prior to the sunsetting of the SSD, currently assumed to be in 2035 based on the ordinance that established the SSD, which is codified as City Code § 35.3-14. Dredging for the second cycle is planned to begin in FY 2027-28. As such, the Department of Public Works has procured design work for the project. The amount budgeted for design in Capital Project 100643 is $85,000; however, the actual cost of the SSD portion of the design work is $114,532, leaving a remaining balance of $29,532. The City has collected sufficient funds from the SSD real estate tax to pay the balance, but the additional funding must be appropriated and transferred to the Capital Improvement Program, as SSD revenues are held in a separate Special Revenue Fund until needed forthe CIP. ■ Considerations: $29,532 in additional appropriations is necessary to complete the SSD cost requirements for design services for the second dredging cycle. Sufficient SSD real estate taxes have been collected as unassigned fund balance in the Schilling Point Special Revenue Fund. Neighborhood Dredging SSD Page 2 of 2 ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: f&V 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 CAPITAL PROJECT #100643, "SCHILLING POINT 3 NEIGHBORHOOD DREDGING II" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $29,532 from the balance of the Schilling Point Special Service District Special 9 Revenue Fund is hereby appropriated, with revenue increased accordingly, to Capital 10 Project #100643 "Schilling Point Neighborhood Dredging Il," within the FY 2026-27 11 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services ity At y s Office CA17313 R-1 September 23, 2026 City of Virginia Beach FY 2027 thru FY 2032 Capital Improvement Program Project:100643 Title:Schilling Point Neighborhood Dredging II Status:Approved Category:Coastal Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:8 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Funding 486,000 0 85,000 401,000 0 0 0 0 0 Description This project is for the construction of a neighborhood navigation channel system in the Schilling Point area.The system will include:a City-funded spur channel leading from the Eastern Branch Lynnhaven River channel;a Neighborhood Dredging Special Service District(NDSSD)that will fund a neighborhood channel to provide access for all NDSSD participants;and elective,individual access basins for each participant.The estimated cost of the initial construction of the individual access basins(to be paid by participants prior to construction)has been included in the project cost.Work includes design,permitting,property acquisition(if necessary),dredging,navigation aids,and monitoring. Beginning in the FY 2019-20 CIP,future City funded spur channels will be funded in project 100274,Neighborhood Dredging Spur Channels. Purpose For we over a eca e,t e i icu ties oi removing accumu ate se invent flave negative y impacte t e ity s water ront omeowner s a i ity to optimize trie use of their property and to reclaim necessary navigation channels within the Lynnhaven River.Water quality and habitat have also been severely impacted due to the siltation of the bottomland of the City's water resources.Removal of these shoaling sediments(sands,silts,clays,and organic)will have a very positive, multi-beneficial effect.This project was established after 80%of the affected residents agreed to pay an increased real estate tax rate to address the affected channels as part of the Schilling Point Neighborhood Dredging SSD to address the affected area channels. History and Current Status This SSD began in 2019.The NDSSD will run for sixteen(16)years,during which three(3)cycles of dredging are anticipated(in FY 2021-22,FY 2027-28,and FY 2034-35).The SSD rate will be re-evaluated after each dredging cycle to ensure that all neighborhood channel costs are paid by the end of the 16-year period. The rate was reevaluated as a part of the FY 2024-25 budget process and increased from 40.4 cents per$100 of valuation to 58.0 cents.This project is for the second dredging cycle that is scheduled to start in FY 2027-28. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07/26-06/27 85,000 eel Construction 07/27-06/28 401,000 Total Budgetary Cost Estimate: 486,000 Means of Financing Funding Subclass Amount +, Private Contribution 119,000 Local Funding 0 s PAYGO-Schilling Point 367,000 J�' A Total Funding: 486,000 1CRn�? 90 GK� SUffOIN LM S� r� c FY 2026-27 TO FY 2031-32 13 CAPITAL IMPROVEMENT PROGRAM H••u'8.NHL CO "� w.R•'�i7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate Grant Funds to Expand Access to Preschool Services MEETING DATE: October 6, 2026 ■ Background: The Department of Parks and Recreation's early childhood programs are licensed through the Virginia Department of Education and serve some of the City's youngest population (three-to five-year-olds). The program's focus is on social- emotional learning, building life-long skills, and preparing the children for kindergarten. The Old Dominion University Research Foundation in coordination with the Virginia Early Childhood Foundation provide grant funds to support programs focused on expanding access to the publicly funded preschool services for unserved and underserved three-to four-year-old children. This grant, in the amount of $177,136.44, provides up to $13,625.88 per program participant who meets certain financial requirements and will allow the Department to dedicate 13 spaces for children to receive services at Williams Farm Recreation Center. ■ Considerations: By participating in this grant program, the Department's early childhood programs will be able to increase the access of the City's most vulnerable population to high quality preschool services, improve program quality through class support, engage families in the decision-making process, and promote racial equality in access to high quality early childhood programs. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO EXPAND ACCESS TO PRESCHOOL 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $177,136.44 is hereby accepted from the Virginia Early Childhood Foundation and 9 Old Dominion University Research Foundation and appropriated, with revenue increased 10 accordingly, to the FY 2026-27 Operating Budget of the Department of Parks and 11 Recreation for the purpose of support programs focused on expanding access to 12 preschool services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i- aapj� '0' udet and Management Services rn s CA17314 R-1 September 23, 2026 Nu e� fu yi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Enhanced Speed Enforcement and to Authorize an In-Kind Grant Match MEETING DATE: October 6, 2026 ■ Background: The Virginia Department of Motor Vehicles (DMV) awards grants to police departments for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are not speeding in the city. The Speed Enforcement grant will be active from October 1, 2026, through September 30, 2027. Officers will use the funding for overtime needed for enhanced speed enforcement. ■ Considerations: The grant provides $60,076 in federal pass-through funding from the DMV. This funding consists of $42,000 for officer overtime; $8,704 for four (4) lidar units; and $9,372 for four (4) radar units. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match through existing appropriations. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: /49 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR ENHANCED SPEED ENFORCEMENT AND 3 TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $60,076 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2026- 11 27 Police Department Operating Budget for overtime and equipment expenses related to 12 enhanced speed enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department equal 15 to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.- Budget and Management Services Ci ney's Office CA17310 R-1 September 23, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: October 6, 2026 ■ Background: The Virginia Department of Motor Vehicles (DMV) awards grants to police departments for highway safety through the enhanced enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2026, through September 30, 2027. Officers will use the funding for overtime and equipment needed for selective DUI enforcement, and for two (2) officers to attend annual training. ■ Considerations: The grant provides $27,750 in federal pass-through funding from the DMV. This funding consists of $23,000 for officer overtime, $2,225 for five (5) Preliminary Breath Test units, $1,800 for training, and $725 for traffic cones. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match, through existing appropriations. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Police Department City Manager: 1451P 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $27,750 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles and appropriated, with federal revenue increased accordingly, to the FY 2026- 11 27 Police Department Operating Budget for overtime, training, and equipment expenses 12 related to DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department, which 15 is equal to 50% of the federal funds is hereby authorized. 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: B dget and Management Services ey s Office CA17309 R-1 September 23, 2026 �a b 's'iwy. aRt. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the FY2026-27 Capital Improvement Program for Capital Project #100459, "Vibe District Street Infrastructure Improvements" MEETING DATE: October 6, 2026 ■ Background: The Economic Development Department is requesting a transfer in the amounts of $260,000 from Capital Project #100489, "Winston Salem Ave Improvements," and $200,000 from Capital Project#100576, WA Beach Innovation Park Infrastructure II," to Capital Project #100459, "Vibe District Street Infrastructure Improvements." The total transfer is $460,000. This transfer is necessary to pay the final invoice for Capital Project#100459 and to close the project. Due to overlaps with construction timelines with Capital Project #100606, "Atlantic Offsite Infrastructure," there were additional engineering fees and miscellaneous construction changes which contributed to an increase in the total project cost. If approved, this would leave Capital Project #100489, "Winston Salem Ave Improvements," with approximately $500,000 within the project's account, which the Economic Development Department states is more than sufficient for the rest of the necessary work. For Capital Project #100576, WA Beach Innovation Park Infrastructure II," this would leave the project with $867,931 available for any remaining work items. ■ Considerations: The transfer is necessary for Economic Development to be able to close out Capital Project #100459 "Vibe District Street Infrastructure Improvements." ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachment: Ordinance, Project Detail Sheets (3) Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: M 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 FY2026-27 CAPITAL IMPROVEMENT PROGRAM FOR 3 CAPITAL PROJECT #100459, "VIBE DISTRICT STREET 4 INFRASTRUCTURE IMPROVEMENTS" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $260,000 is hereby transferred from Capital Project#100489, "Winston Salem 10 Ave Improvements," to Capital Project #100459, "Vibe District Street 11 Infrastructure Improvements." 12 13 2) $200,000 is hereby transferred from Capital Project #100576, "VA Beach 14 Innovation Park Infrastructure II," to Capital Project #100459, "Vibe District 15 Street Infrastructure Improvements." 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: udget and Management Services City Att rney's ice CA17307 R-1 September 23, 2026 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100459 Title:ViBe District Street Infrastructure Improvements Status:Approved Category:Economic&Tourism Development Department:PLANNING Ranking:0 Project Type I Project Location Project Type:Rehabilitation/Replacement I District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 10,811,046 10,811,046 0 01 0 0 0 0 0 Description and Scope This project provides essential connectivity,increased safety and improved aesthetics for the ViBe District through phased street infrastructure improvements ranging from wide sidewalks,bicycle facilities,pedestrian lights,street trees,on-street parking,crosswalks,accessibility upgrades and associated storm water, utility,and traffic improvements.This project supports design and improvements on 18th Street from Cypress to Arctic Avenues and Cypress Avenue from Virginia Beach Blvd/17th Street to 19th Street.These improvements support the development of the ViBe Creative District by increasing walkability,public safety, and aesthetics and support the Resort Area Strategic Action Plan,by implementing portions of the 17th Street and 19th Street Corridors and Central Beach Transportation Network. Purpose T e purpose o t is project is to provi a improveo pe estrian, icyc e,an tra is connections netween ViBe Dusiness and community ciestinations sucn as t e Convention Center,Dome Redevelopment Area,and Oceanfront Library,and enhance the growing ViBe Creative District.These street infrastructure improvements are needed to achieve the goals of the ViBe District by helping to enhance public safety,reduce vehicular conflicts,mitigate flooding,and attract and foster creative business,grow real estate values,stimulate commerce,and enhance the quality of life for citizens and visitors. History and Current Status This project first appeared in the FY 2016-17 CIP.Following the establishment of the ViBe Creative District in 2015,a community driven Connectivity Vision Plan was completed which determined conceptual streetscape improvements for the entire District.In FY 2017-18,$1,301,607 was transferred from 100283 Oceanfront Capital Projects Reinvestment to consolidate streetscape infrastructure projects in the ViBe Creative District and programmed funding was increased by an additional$3,499,450 to move forward with construction on 18th Street from Cypress to Arctic Avenues and Cypress Avenue from 17th to 19th Streets. 19th St construction was completed in October 2020.30%Designs for 17th Street Phase I were completed in March 2020.In the summer of 2022 three bids were received for the 18th Street section above the funding available and$2,074,692 was transferred to advance the project.The 18th St section was completed in early 2025.In FY 2023-24 a transfer occurred of$64,704 to CIP 100606"Atlantic Park Offsite Infrastructure".In FY 2025-26 the remaining funds will be used to install creative thermoplastic crosswalks at four intersections along 18th Street in the ViBe district. Operating Budget Impacts Project Map Schedule of Activities et Project Activities From-To Amount Design 07/16-06/22 700,000 Site Acquisition 05/19-07/22 401,000 Utility Adjustment 10/23-12/24 401,000 Construction 10/22-06/26 7,163,585 �'ST ST Landscaping 01/24-06/26 1,409,000 _..r• Contingencies 07/16-06/26 736,461 " r * N O g ST s Total Budgetary Cost Estimate: 10,811,046 w 1�X e Means of Financing } w s '•t"st Funding Subclass Amount Local Funding 10,811,046 .�"ST • 100459 •. Total Funding: 10,811,046 Sea Ctho* �STX St Cooke Elemwix, TX yT 0�4 T�TX ST FY 2025-26 TO FY 2030-31 371 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100576 Title:VA Beach Innovation Park Infrastructure II Status:Approved Category:Economic&Tourism Development Department:PLANNING Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 18,659,000 18,659,000 0 0 0 0 0 0 0 Description This project represents the second phase of infrastructure planning,design,and construction to support 70 acres of new development and economic growth for the City of Virginia Beach.The project includes the design and construction of a 1,500 linear foot extension of Hudome Way to the southwest,a two-lane undivided parkway with sidewalks and a shared use path,including a traffic signal at the Princess Anne Road intersection.Utilities will also be extended including water,gravity sewer,a new sanitary pump station,and three new or expanded stormwater management facilities.This project will be delivered through a cost participation agreement with a developer and the City of Virginia Beach Development Authority. Purpose T e Yirst phase has 6een completecl and all cieveiopat)le parce s so .T is project is for essential in rastructure to create the extension o tffe—r—oa-a access to remaining areas in the park,extension of utilities and frontage needed to subdivide the property and create marketable parcels for the Princess Anne Commons Innovation park within the Princess Anne Commons Special Economic Growth Area.The project supports the City's strategy to grow a diverse economy that attracts and retains private companies that want to invest. History and Current Status This project first appeared in the FY 2021-22 CIP and is the second phase of CIP project 100439 VA Beach Bio Infrastructure-Phase I.The initial due diligence studies were completed in 2022.Early E&S work commenced in March 2023.The final construction designs were completed in 2023 and construction work began in spring of 2023.Construction completion is anticipated at the end of 2025. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 07/21-09/23 720,000 Construction 03/23-12/25 16,490,000 Contingencies 07/21-12/25 1,449,000 Total Budgetary Cost Estimate: 18,659,000 Means of Financing C$o Funding Subclass Amount Local Funding 18,659,000 Total Funding: 18,659,000 � atx�sa� FY 2025-26 TO FY 2030-31 370 CAPITAL IMPROVEMENT PROGRAM City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100606 Title:Atlantic Park Offsite Infrastructure Status:Approved Category:Economic&Tourism Development Department:PLANNING Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 36,567,955 36,567,955 0 0 0 0 0 0 0 ScopeDescription and This project will allow the timely design and construction of certain offsite infrastructure connected to the Atlantic Park Project. These improvements include Pacific Avenue and 19th Street traffic signal and pedestrian crossing,Pacific Avenue and 20th Street traffic signal,18th Street Streetscape improvements from Arctic to Pacific,18th Street Undergrounding Duct Bank,Arctic Avenue Streetscape improvements,Arctic Avenue Undergrounding Duct Bank,19th Street and Baltic Avenue traffic signal relocation,20th Street Streetscape improvements and related stormwater,20th Street Undergrounding Duct Bank,and stormwater improvements abutting the Project. It is anticipated this work will require coordination with the contractor undertaking the Atlantic Park Development,and to avoid construction conflicts and consistent with any required procurement approvals the work is intended to be completed by cost participation agreement with the Developer of the Atlantic Park Project. Purpose and Need T e work is consistent witht e un ergroun ing o uti sties an streetscape improvements unciertaKen in acijacent areas ot trie Resort. Moreover,t e ecision to do this work now will avoid undertaking the work at a future date,which could duplicate costs.The current plan to provide these improvements would be for the City Council to authorize appropriator of funds to the Atlantic Park Community Development Authority("CDA"),and the CDA would commit to repayment of $17.7 million to the City from revenues that exceed debt service for such times as the CDA has bonds outstanding and thereafter from the revenues of the CDA prior to retirement of the CDA. History and Current Status The project was established at the November 16,2021 City Council meeting.The initial funding for this project was General Fund Balance in the amount of $17,729,147.Future repayments for these funds should be made to the General Fund by the CDA.In FY 2022-23,$4 million of PFRBs were programmed for this project,with the associated debt service to be repaid by the Tourism Investment Program Fund.In FY 2022-23,$3,705,818 was transferred to this project from 100145"Atlantic Park Development Acquisition."In FY 2023-24,$1.5 million in appropriations to date were transferred to this project from project 100148 "Atlantic Park Streetscapes,"and$6,218,286 as transferred from programmed funding of project 100629"Sports Tourism Facility and Infrastructure:to this project.Offsite Construction commenced in February 2023.In FY 2023-24,$1.75 million in appropriations to date were transferred to this project from project 100147"Atlantic Park Parking"and$64,704 in appropriations to date were transferred to this project from project 100459"ViBe District Street Infrastructure Improvements." In FY 2024-25,$1.6 million in appropriations to date were transferred to this project from project 100147"Atlantic Park Parking."Construction is anticipated to be complete by early 2026. Operating Budget Impacts Project Map Schedule of Activities 01 Project Activities From-To Amount Ifachta 2""'t ' Design 11/21-06/23 2,127,498 V wa"srh""i il Construction 02/23-01/26 28,882,259 z�aa OW sT n Contingencies 11/21-O1/26 5,558,198 .�pQ S1 yt ZNp NPL( Total Budgetary Cost Estimate: 36,567,955 3 xN�yT Means of Financing Y Funding Subclass Amount Local Funding 36,567,955 .OTH MPl(tiT 3 Total Funding: 36,567,955 -oTH tiT i v1RG,N,P CLPGH 6�V� � „ t4TH ST n - FY 2025-26 TO FY 2030-31 349 CAPITAL IMPROVEMENT PROGRAM L. PLANNING 1. DAVID B. TURTON REVOCABLE TRUST for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re lot width, street line frontage & direct access to a public street and a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District re develop three (3) single-family residential lots at 2512 Seaboard Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. DANIEL RUBY, TIMMONS GROUP/ CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re construct a 20,000 square foot field house at 4552 Princess Anne Road DISTRICT 1 RECOMMENDATION: APPROVAL 3. SECTORSITE TOWER ASSETS L.L.C./SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION AND VICINITY HOLDINGS LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit re mini-warehouse facility and a Conditional Use Permit re bulk storage yard at 3386 & 3396 Holland Road DISTRICT 10 (APPLICANT REQUESTS DEFERRAL TO NOVEMBER 3, 2026) RECOMMENDATION: APPROVAL 4. GENESIS HOLDINGS OF HAMPTON ROADS, LLC/STARLING FARM, LLC for a Conditional Use Permit re bulk storage yard at parcel South of Dam Neck Road, directly Northeast of 3024 Holland Road DISTRICT 2 RECOMMENDATION: APPROVAL 5. SOUTHSIDE BARBELL LLC/ BAPA PROPERTIES LLC SERIES 5512 VIRGINIA BEACH BOULEVARD for a Conditional Use Permit re indoor recreational facility at 5512 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 6. 446 OCEANA BLVD, LLC for a Conditional Use Permit re bar and night club at 446 Oceana Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 7. BIRCHWOOD MALL ASSOCIATES, L.L.P. for a Conditional Use Permit re indoor recreational facility at 3754 Virginia Beach Boulevard DISTRICT 8 RECOMMENDATION: APPROVAL r Y 1 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,October 6,2026 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2^^Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All interested parties are Invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on October 6,2026. 2. Download WebEx and view the meeting at: https://vbgov.webex.com/weblink/register/rcc9ffO9355b7d b5e573f7a00976ft df5 The following requests are scheduled to be heard: David B.Turton Revocable Trust(Applicant&Owner)Subdivision Variance (Section 4.4(b)(d) of the Subdivision Regulations) & Conditional Rezoning (AG-1 and AG-2 Agricultural District to Conditional R-15 Residential District) Address: 2512 Seaboard Road GPIN:2404529375 City Council:District 2(Henley) Daniel Ruby,Timmons Group Property Owner:Catholic Diocese of Richmond Modification of Conditions Address:4552 Princess Anne Road GPIN:1476537071 City Council:District 1(Hutcheson) Sectorsite Tower Assets L.L.C.Property Owners:Sectorsite Tower Assets L.L.C.,Great Eastern Resort Corporation&Vicinity Holdings, LLC Conditional Rezoning(0-2 Office District to Conditional B-2 Community Business District) & Conditional Use Permits (Minl- Warehouse&Bulk Storage Yard)Addresses:3386&3396 Holland Road GPINs: 14868270070002, 14868270070001, 1486815934 City Council:District 10(Rouse) Genesis Holdings of Hampton Roads,LLC Property Owner:Starling Farm LLC Conditional Use Permit (Bulk Storage Yard)Address: Parcel south of Dam Neck Road,directly northeast of 3024 Holland Road GPIN:1495354380 City Council:District 2(Henley) Southside Barbell,LLC Property Owner:BAPA Properties LLC Series 5512 Virginia Beach Boulevard Conditional Use Permit (Indoor Recreational Facility)Address:5512 Virginia Beach Boulevard GPIN: 1467480402 City Council:District 4(Ross-Hammond) 446 Oceans Blvd,LLC(Applicant&Owner)Conditional Use Permit (Bar & Night Club) Address: 446 Oceans Boulevard GPIN: 2417107263 City Council:District 6(Remick) Birchwood Mail Associates,L.L.P.(Applicant&Owner)Conditional Use Permit(Indoor Recreational Facility)Address: 3754 Virginia Beach Boulevard GPIN: 1487440698 City Council: District 8 (Cummings) Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2403 Courthouse Drive,Municipal Center, Building 3, Virginia Beach, VA 23456 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing Impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://virginlabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city- council for the most updated meeting information. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 22,2026&SEPTEMBER 29,2026-1 TIME EACH ••off` ; `^�`sg,t G? C.P ( x si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID B. TURTON REVOCABLE TRUST [Applicant & Property Owner] Subdivision Variance (Section 4.4(b)(d) of the Subdivision Regulations) and Conditional Rezoning (AG-1 and AG-2 Agricultural District to Conditional R- 15 Residential District) for the property located at 2512 Seaboard Road (GPIN 2404529375). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 6, 2026 ■ Background: The applicant is seeking to rezone a 3.85-acre parcel at 2512 Seaboard Road from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District and a Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations for lot width, street line frontage, and lack of direct access to a public street to develop the site with three single-family residential lots. The property is currently undeveloped and is within the Transition Area. The proposed development would result in a density of 0.77 dwelling units per acre. While architectural elevations have not been provided at this time, the applicant has proffered that each dwelling will contain a minimum of 2,500 square feet and will be designed and constructed in accordance with the Transition Area Design Guidelines. Additionally, the proposed single-family dwellings would comply with the maximum 35-foot building height permitted in the R-15 Residential District. The applicant proposes a 50-foot vegetative buffer along Seaboard Road to provide additional separation and screening, as well as a 12-foot-wide shared use path as recommended by the Active Transportation Plan. The Conditional R-15 Residential District requires a minimum lot width of 100 feet and a minimum street line frontage of 80 feet. While the proposed Lot 1 meets all dimensional requirements for the R-15 Residential Zoning District, proposed Lots 2 and 3 will be deficient in the required lot width and street line frontage and will lack direct access to a public street. To provide access to the proposed lots, the conceptual site plan depicts a 16-foot-wide shared driveway located within a 30- foot-wide access easement. ■ Considerations: Staff and the Planning Commission recommend approval of the applicant's request to rezone the property from AG-1 and AG-2 Agricultural District to Conditional R- 15 Residential District and the associated Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations for lot width, street line frontage, and lack David B. Turton Revocable Trust Page 2 of 4 of direct access to a public street for proposed Lots 2 and 3. The three-lot single- family proposal is consistent with the intent and character of the Transition Area and provides a low-density residential development that incorporates measures to preserve open space and maintain the area's rural character. The proposed lots contain over an acre and will provide significant area to accommodate the proposed homes and required parking, while maintaining substantial amounts of open space. The Transition Area Design Guidelines require a 150-foot transition area buffer for residential developments, and the applicant proposes a 50-foot vegetative buffer. When applied to smaller development areas, such as the subject site, the full buffer requirement can significantly limit the developable area and limit the practical use of the property. Staff supports reducing the required buffer, as the proposed 50- foot vegetative buffer combined with the 12-foot shared use path will continue to uphold the intent of the Transition Area by preserving a landscaped transition, supporting the rural character of the area, and accommodating low-density residential development. While the requested variance would allow deficiencies in lot width, street line frontage, and lack of direct access to a public street for proposed Lots 2 and 3; the proposed shared access provides a reasonable alternative to individual driveways and minimizes the number of access points along Seaboard Road. Overall, staff finds that the proposed three-lot subdivision represents a limited and appropriately scaled residential use of the property that is compatible with the intended character of the Transition Area. The combination of large, one-acre-plus lots, a substantial vegetative buffer, low residential density, shared access, and commitments to Transition Area architectural and material standards help minimize the impacts of the proposed development. There was one speaker in opposition at the Planning Commission hearing who cited concerns with potential impacts to drainage, viewsheds, and increased development in the area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Subdivision Variance 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, David B. Turton Revocable Trust Page 3 of 4 2026, prepared by Kellam Gerwitz, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 3. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded. The document shall also include provisions for a shared maintenance agreement. 4. A one-foot no-ingress/egress easement shall be established along the Seaboard Road frontage to limit access to a single shared driveway and to prevent the establishment of additional access points in the future. 5. Fire Department access shall be provided in accordance with applicable Fire Code requirements. Fire apparatus access shall be located within 300 feet of all portions of any proposed building. All access drives shall be constructed of all-weather materials and designed to support a minimum fire apparatus loading capacity of 82,000 pounds. 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. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled, "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026 prepared by Kellam Gerwitz (the "Concept Plan"), a copy of which has been exhibit to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which is incorporated by reference herein. Proffer 2 The Property shall consist of no more than three (3) lots and the homes to be constructed at the Property will consist of a minimum of 2,500 square feet. David B. Turton Revocable Trust Page 4 of 4 Proffer 3 The homes to be constructed at the Property shall be constructed in conformance with the Transition Area Design Guidelines and the materials used for construction of the homes at the Property shall be in conformance with the Transition Area Design Guidelines. Proffer 4 When the property is developed it shall be in substantial conformity with the variable width access easement for a driveway as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 5 When Lot 1 is developed it shall be in substantial conformity with the 50' vegetative buffer along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 6 When Lot 1 is developed it shall be in substantial conformity with the 12' shared use path along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 7 When Lot 1 is developed it shall be in substantial conformity with the 1' no ingress/egress along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 8 The deed restrictions and proffers as stated herein shall run with the land for the benefit of Grantor, Grantee and future owners of the Property. ■ 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: Agenda � Applicant & Property Owner: David B. Turton Revocable Trust Planning V.B- - Commission Public • 2026 Council Project Details Request Subdivision Variance (Section 4.4(b)(d) of the Subdivision Regulations) .�.... p•1 ESS ANNE AD', IdaConditional Rezoning (AG-1 and AG-2 Agricultural <,' Ii r � District to Conditional R-15 Residential District) Staff Recommendation Approval T k Staff Planner Xs 'm= Marchelle Coleman t "MMMiddl PO <; i' Location 2512 Seaboard Road GPIN 2404529375 Site Size 3.85 square feet AICUZ Less than 65 dB DNL ' Watershed A.... Southern Rivers tn Existing Land Use and Zoning District � Vacant parcel /AG-1 Agricultural/AG-2 Agricultural - Surrounding Land Uses and Zoning Districts North Elementary School / R-20 Residential ,j ;, South Vacant parcel /AG-1 Agricultural/AG-2 Agricultural `�'` � East Vacant parcel /AG-1 Agricultural/AG-2 Agricultural West Seaboard Road Middle School / B-2 Community Business David B. Turton Revocable Trust Agenda Items 2 & 3 page 1 of 16 Background & Summary of Proposal • The applicant is requesting a Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations to address deficiencies in required lot width, street line frontage, and lack of direct access to a public street for proposed Lots 2 and 3, as well as a Conditional Rezoning from the AG-1 and AG-2 Agricultural Districts to the Conditional R-15 Residential District to allow the development of three single-family residential lots, resulting in a density of approximately 0.77 dwelling units per acre. • The undeveloped 3.85-acre property is located along Seaboard Road and is within the Transition Area. • The property owner proposes to create the three lots for their personal use as well as for their two children. Each proposed lot will contain more than one acre, thereby satisfying the applicable lot area and density recommendations for residential development within the Transition Area. • The proposed lots are also of sufficient size to accommodate the required two off-street parking spaces for each single-family dwelling. • The applicant proposes one- or two-story single-family homes, which will comply with the maximum 35- foot building height permitted within the R-15 Residential District. • Proffer 2 establishes a minimum dwelling size of 2,500 square feet for each proposed home. Although architectural elevations have not been provided at this time, the applicant has proffered that each dwelling will contain a minimum of 2,500 square feet and will be designed and constructed in accordance with the Transition Area Design Guidelines. The applicant has further proffered that all exterior building materials utilized in the construction of the homes will conform to the material standards established by the Transition Area Design Guidelines. • As depicted on the conceptual site plan, the applicant is proposing a 50-foot vegetative buffer along Seaboard Road, which will provide additional separation and screening between the proposed residences and the roadway. The existing vegetation within the buffer will be retained, with overgrown vegetation to be cleared to improve the appearance and condition of the area. The applicant is also proposing a 12-foot- wide Shared Use Path along the Seaboard Road frontage, as recommended by the Active Transportation Plan. The proposed improvement would provide pedestrian and bicycle connectivity along the property frontage. • The Conditional R-15 Residential District requires a minimum lot width of 100 feet and a minimum street line frontage of 80 feet. Although proposed Lot 1 satisfies all dimensional requirements, and proposed Lots 2 and 3 will satisfy the minimum lot area requirements of the Conditional R-15 Residential District, the proposed configuration of the property results in deficiencies in the required lot width, street line frontage, and lack of direct access to a public street for proposed Lots 2 and 3. • To provide access to the proposed lots, the conceptual site plan depicts a 16-foot-wide shared driveway located within a 30-foot-wide access easement. The requested Subdivision Variance would therefore allow the proposed lots to be created in accordance with the conceptual site plan while utilizing the shared access arrangement in lieu of individual direct access to a public street. David B. Turton Revocable Trust Agenda Items 2 & 3 page 2 of 16 Required Required Required Proposed Minimum Lot Proposed Minimum Proposed Minimum Street (squareProposed Lot Area Lot Area Lot Width Lot Width Street Line Line Lot 1 15,000 1.329 100 132.93* 80 132.93* Lot 2 15,000 1.524 100 0* 80 0* Lot 3 15,000 1.002 100 0* 80 0* *indicates a substandard value that requires a Variance Zoning History # Request AGZ CRZ (AG-1 &AG-2 Agricultural to 1 Conditional R-20 Residential) Approved 02/01/2000 R20 +mess Ame E schcof Q O �O AG2 B2 R20Li Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation ► Recommendation The proposed Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Regulations to address deficiencies in required lot width, street line frontage, and lack of direct access to a public street, as well as the request for a Conditional Rezoning from the AG-1 and AG-2 Agricultural Districts to the Conditional R-15 to develop a 3-lot single family subdivision is, in Staff's opinion, acceptable. Staff is supportive of the requests, as David B. Turton Revocable Trust Agenda Items 2 & 3 page 3 of 16 the proposed development is generally consistent with the intent and character of the Transition Area and provides for a low-density residential development that incorporates several measures intended to preserve open space and maintain the rural character of the area. As identified in the Transition Area Design Guidelines (TADG), a maximum average density of up to, but not exceeding, one dwelling unit per developable acre may be considered appropriate when a development demonstrates consistency with the design principles set forth in the guidelines. The applicant's proposed density of 0.77 units per acre aligns with this threshold and is considered consistent with the intent of the TADG. The proposed three-lot subdivision would result in each lot containing more than one acre. The larger lot sizes are consistent with the low-density residential character envisioned for the Transition Area and provide sufficient area to accommodate the proposed homes, required parking, and substantial areas of open space. In particular, the proposed lot sizes allow the development to satisfy the Transition Area Design Guidelines' recommendation that 50 percent of the developable area be maintained as practical, functional open space. While the concept plan does not identify a designated common open space area, as would typically be provided with a larger residential development, the proposal achieves the intent of the open space requirement through the provision of larger individual residential yards. This large-lot configuration helps minimize the visual and physical impacts of development and supports the Comprehensive Plan's emphasis on preserving open space and maintaining the rural character of the Transition Area. The proposed development is limited in scope and consists of only three single-family residential lots intended to be developed and occupied by the property owner and their two children. Given the family-oriented nature of the proposed development, the applicant envisions the three residences functioning as a cohesive family compound, with the parents occupying the middle lot and their two children occupying the lots to the east and west. During the review process, staff suggested that the dwelling proposed for Lot 1 be oriented toward Seaboard Road; however, the applicant requested that the residences maintain their proposed orientation toward the school property located to the north. This configuration allows the three homes to maintain the intended family-oriented arrangement while still providing appropriate separation and screening from Seaboard Road. As depicted on the conceptual site plan, a 50-foot-wide vegetative buffer is proposed along the roadway. The TADG requires a 150-foot transition area buffer for residential developments, understanding that many of the large agricultural properties within the Transition Area may eventually be subdivided for residential use. When applied to smaller development areas, such as the proposed 3.85-acre site, the full buffer requirement can significantly limit the developable area and reduce the practical use of the property. Given the size of the overall parcel and its location near the outer edge of the Transition Area, staff supports reducing the required buffer from 150 feet to 50 feet. The proposed 50-foot vegetated buffer, combined with the inclusion of a 12- foot shared-use path along Seaboard Road, continues to uphold the intent of the Transition Area by preserving a landscaped transition, supporting the rural character of the area, and accommodating low-density residential development. Given the limited number of lots, the intended family use, and the low-density development pattern, the request represents a small-scale residential subdivision rather than a larger development that could substantially alter the character or intensity of the surrounding area. The proposed single-family residences are also consistent with the Transition Neighborhood Place Type, which is intended to provide natural, quiet, and David B. Turton Revocable Trust Agenda Items 2 & 3 page 4 of 16 safe settings for single-family residential development at lower densities. The Comprehensive Plan identifies single-family homes as the appropriate housing type within Transition Neighborhoods and emphasizes the preservation of open space as an important component of the area's character. 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. Although the requested variance would allow deficiencies in lot width, street line frontage, and lack of direct access to a public street for proposed lots 2 and 3, the proposed shared-access arrangement provides a reasonable alternative to individual driveways and minimizes the number of access points along Seaboard Road. The conceptual site plan provides a 16-foot-wide shared driveway within a variable-width access easement to serve the three lots. Given the limited number of proposed lots and the family-oriented nature of the development, staff finds the shared driveway arrangement appropriate for the proposed subdivision and consistent with the rural residential development pattern encouraged within the Transition Area. The applicant has proffered that the proposed homes will contain a minimum of 2,500 square feet and will be designed and constructed in accordance with the Transition Area Design Guidelines, including the applicable exterior building material standards. These commitments are consistent with the Comprehensive Plan's direction to preserve the rural character of the Transition Area through appropriate building design, landscaping, and site planning. Overall, staff finds that the proposed three-lot subdivision represents a limited and appropriately scaled residential use of the property that is compatible with the intended character of the Transition Area. The combination of large, one-acre-plus lots, a substantial vegetative buffer, low residential density, shared access, and commitments to Transition Area architectural and material standards help minimize the impacts of the proposed development. Given the small scale of the subdivision and the fact that the lots are intended for use by the property owner and their two children, staff finds that the requested Subdivision Variance and Conditional Rezoning are reasonable and support the broader Comprehensive Plan goals of providing low- density single-family residential development while preserving open space and the rural character of the Transition Area. David B. rton Revocable Trust Agenda Items 2 & 3 page 5 of 16 The proffered conceptual site plan has been reviewed by the Fire Marshal's Office, who noted that fire access shall be provided in accordance with all applicable Fire Code requirements. Fire apparatus access shall be located within 300 feet of all portions of any proposed building, and all access drives shall be constructed of all-weather materials capable of supporting a minimum fire apparatus loading capacity of 82,000 pounds. Condition 6 is recommended to address this. Further review will be conducted during the final site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school and middle school data indicates a student population above capacity. The capacity is within the acceptable utilization range of greater or less than 10% of optimum capacity, as such, the Virginia Beach City Public School Staff have no concerns. Based on this, the redevelopment proposal is not expected to negatively impact the current student enrollment. Since this property is located within the Transition Area, it was recommended by Staff that the applicant appear before the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA CAC). The applicant appeared before the TA/ITA CAC on August 6, 2026, to share details of the proposal. The TA/ITA CAC was supportive of the proposal, noting its conformance with the TADG. Based on the considerations above, Staff recommends approval of this request, subject to the proffers listed below. mam 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, "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026 prepared by Kellam Gerwitz (the "Concept Plan"), a copy of which has been exhibit to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which is incorporated by reference herein. Proffer 2 The Property shall consist of no more than three (3) lots and the homes to be constructed at the Property will consist of a minimum of 2,500 square feet. Proffer 3 The homes to be constructed at the Property shall be constructed in conformance with the Transition Area Design Guidelines and the materials used for construction of the homes at the Property shall be in conformance with the Transition Area Design Guidelines. David B. Turton Revocable Trust Agenda Items 2 & 3 page 6 of 16 Proffer 4 The Property shall be served in substantial conformity with a variable width access easement for a driveway as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 5 Lot 1 shall be served in substantial conformity with a 50' vegetative buffer along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 6 Lot 1 shall be served in substantial conformity with a 12' shared use path along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 7 Lot 1 shall be served in substantial conformity with a 1' no ingress/egress along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 8 The deed restrictions and proffers as stated herein shall run with the land for the benefit of Grantor, Grantee and future owners of the Property. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026, prepared by Kellam Gerwitz, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 3. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded. The document shall also include provisions for a shared maintenance agreement. 4. A one-foot no-ingress/egress easement shall be established along the Seaboard Road frontage to limit access to a single shared driveway and to prevent the establishment of additional access points in the future. 5. Fire Department access shall be provided in accordance with applicable Fire Code requirements. Fire apparatus access shall be located within 300 feet of all portions of any proposed building. All access drives shall be constructed of all-weather materials and designed to support a minimum fire apparatus loading capacity of 82,000 pounds. David B. Turton Revocable Trust Agenda Items 2 & 3 page 7 of 16 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. Comprehensive • • Under the imagineVB 2040 Comprehensive Plan, the subject property is located within the Transition Area and the Agriculture Non-Place Type and is surrounded by the Transitional Neighborhood Place Type. It should be noted that approval of the Conditional Rezoning would result in a change to the Place Type designation for the property in the 2040 Comprehensive Plan. Based on the surrounding development pattern and the predominant Transitional Neighborhood Place Type in the immediate area, the property would be designated as Transitional Neighborhood to reflect the surrounding context. The Comprehensive Plan states that the Courthouse Context Area will continue to serve as a buffer between urban and suburban development north of the Green Line and rural land south of the Rural Area Boundary (Blue Line), while recognizing that the area has limited development potential because of AICUZ restrictions and poorly drained soils. The Plan further emphasizes that enhancements and connections among open spaces and environmental lands should create a connected open space system (p. 126, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan also indicates that the Transition Area should continue to support low-density residential and residential-serving uses while prioritizing the preservation of open space (p. 126, imagineVB 2040 Comprehensive Plan). The eastern portion of the Context Area is primarily composed of low-density Transition Neighborhoods that focus on maintaining open space (p. 132, imagineVB 2040 Comprehensive Plan). Transition Neighborhoods are intended to provide natural, quiet, and safe settings for single-family homes between the Green Line and the Rural Area Boundary at lower densities than Type 1 or Type 2 Neighborhoods (p. 173, imagineVB 2040 Comprehensive Plan). The overarching goal of Transition Neighborhoods is to support the design and maintenance of natural, quiet, and safe environments for single-family homes while emphasizing open space and preservation, and the Plan specifically identifies single-family homes as the appropriate housing type within these areas (p. 184, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan also contains several design policies intended to preserve the rural character of the Transition Area. These policies include protecting, enhancing, and connecting natural lands and open spaces (p. 129, imagineVB 2040 Comprehensive Plan), preserving existing upland and wetland trees and tree stands whenever possible (p. 186, imagineVB 2040 Comprehensive Plan), and incorporating high-quality building materials and design elements that improve resilience to storms and flooding (p. 185, imagineVB 2040 Comprehensive Plan). The Plan further states that structures should utilize a "Rural Transitional" design that incorporates material and architectural elements derived from natural and agrarian themes (p. 185, imagineVB 2040 Comprehensive Plan). The Transition Area Design Guidelines further define the Rural Transitional architectural theme as one that draws inspiration from local farm buildings, hunting clubhouses, and other structures that reflect the architectural heritage and agrarian character of southern Virginia Beach through architectural features such as wraparound porches, pitched rooflines, cross-gabled roof forms, and detached David B. Turton Revocable Trust Agenda Items 2 & 3 page 8 of 16 or side-loading garages, while also incorporating site design and landscaping elements that reinforce the existing rural character (p. 13, Transition Area Design Guidelines). The guidelines also encourage residential development to be arranged in a manner that responds to the natural setting rather than a traditional urban grid, with homes oriented toward streets and neighboring homes, attractive landscaping, preservation of open space, enhanced screening along major roadways, and the incorporation of front-facing roof forms and porches (p. 13, Transition Area Design Guidelines). Additional guidance within the Transition Area Design Guidelines recommends that residential development provide a 150-foot buffer on the development side with robust landscaping (p. 32, Transition Area Design Guidelines), that flag lots be used where appropriate to preserve rural residential privacy, existing and future tree cover, and open space, and that driveways serving flag lots be designed with appropriate widths and pavement types to accommodate emergency access (p. 9,Transition Area Design Guidelines). The guidelines also recommend that 50% of the developable area be designed to provide a practical balance between active and passive open space that is clearly identified on the development plan (p. 27, Transition Area Design Guidelines). In addition,the Active Transportation Plan recognizes that Seaboard Road provides access to two local schools and emerging residential areas and recommends the development of a shared-use path within the designated buffer area to provide a safe and protected facility for pedestrians and bicyclists as the area continues to develop (p. 66, Active Transportation 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. David B. Turton Revocable Trust Agenda Items 2 & 3 page 9 of 16 Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Seaboard Road 8,860 ADTI 11,200 ADT 1(LOS 4 "D") Proposed Land Use 3-30 ADT I Average Daily Trips 'As defined by a 3As defined by three 4LOS = Level of vacant parcel single-family Service dwellings Master Transportation Plan (MTP)and Capital Improvement Program(CIP) Seaboard Road in the vicinity of the site is a two-lane undivided rural collector roadway. There are currently no CIPs scheduled for this segment of Seaboard Road. Active Transportation Plan (ATP) The Active Transportation Plan calls for a 12-foot-wide Shared Use Path along Seaboard Road. Public Utility Impacts Water There is a 12-inch City water main along Seaboard Road. There is an 8-inch City sanitary sewer gravity main north of the site along Leroy Road. There is a 10-inch City sanitary sewer force main north of the site along Leroy Road. Any dwelling located within 250 feet of the water main must connect to City water with a separate and exclusive water service line and meter. Any dwelling located over 400 feet from the water main is prohibited from connecting to City water. Sewer In accordance with Subdivision Regulations, a City sanitary sewer gravity main designed to Public Utilities Standards must be extended from Leroy Road to the site frontage. Each lot must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout. David B. Turton Revocable Trust Agenda Items 2 & 3 page 10 of 16 School • . School Current Capacity Generation's Change2 Enrollment Princess Anne Elementary 680 students 626 students 1 student 1 student Princess Anne Middle 1,361 students 1,191 students 1 student 1 student Kellam High 1,868 students 2,040 students 1 student 1 student 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 • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 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 September 3, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. David B. Turton Revocable Trust Agenda Items 2 & 3 page 11 of 16 Y . e R ESi4Tell\ ,/ 11E -gr ACCESS i ------ --------- SECTION'A-At s;J.r I'=„ / ACCESS EASEMENT 4sw \ , \ / ti �►' t\tom. "ram/ i� _Firm. � �•` �� 'A' ^\•�' CITE INFORMATION: / Ott; w % 4�' v at +t /: /, rv®enwn� coamw x-te �^.. �'•or_:M+a earn ,� wwntmr tmoe�m swi,wi w uc rxr �j� � wtM eftM>• '�'t�Yp���M BUILDING SETBACKS '/1 IIu�r•ax�i m RL b IQi /i! .%- ty M+r� wYN SYE Yrl, to rQT CONCEPT DEVELOPMENT PLAN $ a: 2512 SEABOARD ROAD W "MISS UTILITY" DAVID3.TCRTON REVOCABLE TRUST • ' v wea 1-800-552-7001 "R""I"�`" t ""`�" ODo O ELLAM m OWHICSCkU ERWITZ t1GIIT ER R:G-SUR\TYING-VI A' C FAT oevo®.J ,"•�_ O I INCH=40 FEEL' ur•ovrn n,vJocu f"h M+we 4 nrt. eJint�}e SHEET N rn fD O N --I N 90 O m Lu 'NF Site Photos 010004 3 3 a a x 5 i �3 }•'� M W �e I David B. Turton Revocable Trust Agenda Items 2 & 3 page 13 of 16 Disclosure Statement CITY OF Disclosure V-B- r ` BEACH Statement The disclosures contained A this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION APPLICANT . a DISCLOSURE APPLICANT INFORMATION Applicant Name: David B.Turton, Trustee,The David B.Turton Revocable Trust Dated,9/24125 as listed on application Is Applicant also the Owner of the subject property? YesO No( If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)Noo If yes,name Representative: Michael G. Sweeney, Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No4 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.) The David B. Turton Revocable Trust dated September 4, 2425 David B.Turton,Trustee 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 N00 If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, © 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev, M a y-2024 page 1 of 3 David B. Turton Revocable Trust Agenda Items 2 & 3 page 14 of 16 Disclosure SECTION • " DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or Individual Accounting/Tax Return Preparation Architectilbesigner/Landscape 0 Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Q © Robert S.Kellam, P.E, Legal Services Q Michael 0.Sweeney, Esq. APPLICANT CERTIFICATION READ:I certify that all Information contained In this Form is complete,true,and accurate,I understand that, upon receipt of notification that the application has been scheduled for public hearing,l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or co ittee in connection with this application. David 8,Turton,Trustee Applicant Name(Print) A pl cant ignature Dat 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing inure than 0 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(!)one business entity has a controlling ownership interest in the other business entity,(1j) a controlling owner In one entity Is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determhting the existence of an affiliated business entity relationship include that the some person or substantially the sante 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 tocal Government Conflict of Interests Act, Va. Code§2.2-3101. FOIi CITY USE ONLY. No changes as of(date); 9/21/2026 ` Marchelle L Coleman 9/21/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 David B. Turton Revocable Trust Agenda Items 2 & 3 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. David B. Turton Revocable Trust Agenda Items 2 & 3 page 16 of 16 K 01 <Z Princes Anne Ele entasy School A+G 1 0 2 7A D O r , Ptince,%Anne Middle p.�`� School �,vEOsr R2 Site Davis B. Turton Revocable Trust Zoning 2512 Seaboard Road }' r� Property Polygons s Feet 0 70 140 280 420 560 Map created by Plannina Department on 9/8/2026 Prepared by: Return to: Michael G. Sweeney, Esq. City Attorney's Office VA State Bar No,: 36823 City of Virginia Beach 1105 Madison Plaza, Ste. 120 21401 Courthouse Drive Chesapeake, VA 23320 Virginia Beach, VA 23456 DAVID B.IUR—TON,TRUSTEE, The David B. Turton Revocable Trust dated September 4, 2025 TO(PROFERRED COVENANTS, RESTRICTIONS AND CONDITIONS) THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia DECLARATION OF PROFFERS THIS DECLARATION OF PROFFERS is entered into this the 22nd day June, 2026, by and between DAVID B.jURTON,TRUSTEE of The David B. Turton Revocable Trust dated September 4, 2025, hereinafter referred to as -GRANTOR" and the CITY OF YIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "GRANTEE." RECITALS: WHEREAS,David B. Turton, Trustee, is the owner of certain real property consisting of 3.8 acres located at 2512 Seaboard Road. Virginia Beach, Virginia which legal description is attached herewith on Exhibit I and is incorporated by reference herein, hereinafter referred to as the "Property." WHEREAS, the City of Virginia Beach is a municipal corporation located in the Commonwealth of Virginia. WHEREAS,Grantor initiated an amendment to the Zoning Mapy of the City of Virginia Beach,Virginia, by petition addressed to Grantee,so as to changes the zoning classification of the Property from AG-I and AG-2, Agricultural District to Conditional R-15, Residential District. WHEREAS,on or about June 26,2026,Grantor riled a Conditional Rezoning Application with the City of Virginia Beach, Virginia. WHEREAS,on or about June 26,2026,Owner also riled an Application for a Subdivision Variance with the City of Virginia Beach, Virginia. GPIN: 2404-52-9375-0000 Property Address: 2512 Seaboard Road, Virginia Beach, Virginia 23454 Title Insurance Under: Fidelity Title Insurance Company WHEREAS,pursuant to Grantor's Conditional Rezoning Application, Owner has agreed to record certain deed restrictions and proffers with the Circuit Court for the City of Virginia Beach,Virginia which shall run with the land for the benefit of Grantor,Grantee and future owners of the Property. herein, WHEREAS,Grantor desires to subject the following proffers to the property as described WITNESSETH NOW THEREFORE,in consideration of the City of Virginia Beach approving Grantor's Application for a Conditional Rezoning of the Property and such other consideration, the receipt and acceptance of which is hereby acknowledged, Grantor hereby grants unto the Grantee and declares the Property described on Exhibit 1 as subject to the following proffers,to-wit: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled,"Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026 prepared by Kellam Gerwitz (the "Concept Plan"), a copy of which has been exhibit to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which is incorporated by reference herein. 2. The Property shall consist of no more than three (3) lots and-the homes to be constructed at the Property will consist of a minimum of 2,500 square feet. 3. The homes to be constructed at the Property shall be constructed in conformance with the Transition Area Design Guidelines and the materials used for construction of the homes at the Property shall be in conformance with the Transition Area Design Guidelines, 4. When the property is developed it shall be in substantial conformity with the variable width access easement for a driveway as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 5. When Lot l is developed it shall be in substantial conformity with the 50'vegetative buffer along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 6. When Lot 1 is developed it shall be in substantial conformity with the 12' shared use path along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 7. When Lot 1 is developed it shall be in substantial conformity with the 1' no ingress/egress along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. 8. The deed restrictions and proffers as stated herein shall run with the land for the benefit of Grantor, Grantee and future owners of the Property. 2 All references hereinabove to Conditional R-15, Residential 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 Grantor 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. Further, 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 (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 Grantor and the Grantee. 3 WITNESSETH the fo owing signature: Davi on, Trustee ate The David R. Turton Revocable Trust dated September 4,202_5 STATE OF VIRGINIA; CITY OF VIRGINIA BEACH, to-wit: 1, the undersigned Notary Public in and for the City and State aforesaid,do hereby certify that and David B. Turton, Trustee of the David D. Turton Revocable Trust dated September 4, 2025 has acknowledged this instrument before me in the City/County and State aforesaid on this day of September, 2026, He is personally known to me. OT RY PUB l My Commission expires: , , Registration No.: MICheel G, Sweeney Notary public Reg N 194630 My Commis Gornmwwsatth of Virgtnla sion Expires March 31,2OW 4 EXHIBIT i LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon. lying in the City of Virginia Beach, Virginia, and being more accurately described as follows: Beginning at a point on the eastern side of Seaboard Road being 1,169' +/-south of Princess Anne Road, thence 10 17.1 1' N 66 degrees 08'57" E to a pin; thence 165'S 23 degrees 12'08" E to a pin; thence 1017 25'S 66 degrees 08'57" W to a pin; thence 132.93' N 23 degrees 16'04" W along Seaboard Road to the point of beginning; being 3.8533 AC as shown on the Physical Survey of Parcel of Land located at 2512 Seaboard Road. Virginia Beach, Virginia D.B. 278, Pg 517 and D.B. 2770, Pg 1255 for Eric Zahang & Destiny Chau, made by DKT Associates Land Surveyors, dated March 16, 2015, which plat is recorded as Exhibit A in Instrument Number 20150602000503330. 5 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #2 & 3 David B. Turton Revocable Trust Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next items are Items 2 and 3, David B. Turton Revocable Trust. Mr. Sweeney: Good afternoon, members of the Planning Commission, Mr. Chairman, Assistant Chair,Byler. I'm attorney Mike Sweeney. My business address is 1105 Madison Plaza, Suite 120, Chesapeake. I'm now proud to say that I live and reside here in the city of Virginia Beach,and I'm very proud to present this application for Mr. and Mrs. David and Kathy Turton. And if I may, I'd like to introduce them to the Planning Commission. They're sitting in the very front row. And if you would just raise your hands,that's Dr. and Mrs. Turton. What is being requested today? We are requesting an application for a conditional rezoning from AG-1 and AG-2 to R-15. We're also requesting a subdivision variance to comply with R-15. I'd also like to introduce our team. Bob Kellam is here. Bob,would you raise your hand as well? This project has been going on for quite some time. I'd like to say that Mr. and Mrs. Turton first reached out to the planning Department, and they had numerous meetings. They purchased this property. This property is located at 2512 Seaboard Road in the transition area of the city of Virginia Beach. It consists of a 3.85 acre parcel. They desire to subdivide this parcel into three lots. Their dream is to have three lot subdivision so that they can build a home on the property as well as their two sons. Okay, why is it appropriate and how does it fit into the community? It is in the transition zone. And I know that each and every one of you have read the proffers,And according to the proffers, they desire to proffer that they will comply with the design guidelines of the transition zone. They also have agreed and proffered the one-foot no ingress egress along Seaboard Road. This property is located on a vacant parcel of land next to Princess Anne Elementary and across the street from the middle school. To the south, there's a vacant parcel. To the west, another vacant parcel. Let me grab the proffers if I may. And, first of all, they are in agreement of proffering the site plan or conceptual plan that Mr. Kellum has prepared. And is that on the screen? Yes, it is. Okay. As you can see from the site plan, there'll be a private driveway from Seaboard Road, and that driveway will be along the northern section of the property and connect to Seaboard. The first lot will be lot one, and as you can tell from the site plan,that the homes will be oriented towards the private driveway. You will also see that at the very front of the property, along Seaboard Road, they are proffering a 50 foot vegetative easement, and I think, as Ms. Coleman mentioned at the pre meeting. They're willing to keep it in a very natural state,but remove the underbrush and make it something very nice to look at. They're also proffering a 12-foot multi-use path,shared pathway. I mentioned the one-foot no ingress, egress. I mentioned the driveway that will connect to all of the homes. They're also willing and able to proffer that they will make sure that the driveway meets or exceeds what the Fire Department is asking with regard to access for fire prevention. One of the things that I'd like to mention is the transition zone, and in the transition zone there is a goal, or in the comprehensive plan, I should say, and that goal is to support design of properties which would provide natural, quiet, and safe settings for single-family homes in the transition zone. Mr. and Mrs. Turton desire to be good neighbors to everyone in this seaboard area, and they desire to comply with the design standards for the transition zone. I might mention that at the last meeting, we had 100% recommendation at the Transition Zone area meeting,which was three or four weeks ago. Today,they're asking for your support in regard to their application for conditional zoning from A 1, A2 to R-15. They're asking for your support with regard to the subdivision variance, and I would just add and state that. This will be a project that the city of Virginia Beach can be proud of. Mr. and Mrs. Turton desire to build a home that conforms with the design guidelines for the transition zone. In closing, I'd like to thank Tori Eisenberg for helping us with the proffers. I'd like to thank Marsha Coleman. It's been great working with her, Alexis Bailey, as well as the planning department. And I thank each and every one of you. Thank you. Mr. Coston: Madam Clerk, do we have speakers? Clerk: We have one speaker, Vernon Dortch. Mr. Coston: Please state your name for the record. Mr. Dortch: Good afternoon. My name is Vernon Dortch. I'm not an attorney. I can't present a legal argument to you,but I am a property owner in Seaboard Forest,which is the subdivision that backs up to this parcel of property that is requesting a zoning change. I purchased my property, lot number nine in Seaboard Forest,back in 2002,And one of the factors that went into my decision to purchase the property, and also, I know, went into the decision of my neighbors, was that the property behind us was zoned agricultural, and that it was not going to be built on. I was told that the only way that that property would be built on was if it was an expansion of the Princess Anne Elementary School. Other than that, the property would never be built on. Apparently, that was not true. Another concern that I have is that the subdivision that I live in, Seaboard Forest, has only one road access in and out. We do have a drainage problem at the intersection of Seaboard Road and Live Oak Trail,which is the street that goes in and out of the subdivision. When there's heavy rain,we have a lake down there, And there's been many times when I could not get a vehicle in or out of that street until the water recedes. And by putting more asphalt and more concrete in the area, it's just going to compound the problem. It's going to be worse. My other point is that by changing, by changing the zoning from AG-1, AG-2 to R-15 on this parcel, there are also adjoining parcels right behind it to the east. I believe it is, which would be directly behind my home. I believe that if they allowed that zoning to be changed, it's going to set a precedent for those other parcels to be changed somewhere down the road,and I'm sure that that will happen. Because I saw surveyors behind my house two or three weeks ago,and I asked them, you know,what,what,why? They were surveying the area,and they said that they weren't allowed to tell me, but I'm sure that if that, the zoning gets changed on this parcel, that it will get changed on those parcels as well. So that—that's my argument. Like I said,when I,when I purchased the house,that was a major consideration for me. That there wasn't going to be anything built behind us. And now that's in question here. That's all I have. Thank you for listening to me. Mr. Coston: Just hold it for a second. Do we have any questions for the speaker? Mr. Plumlee: Yes, Mr. Dortch. Thank you for bringing your concerns to us. So, your primary concern, as I understand it, is that the forested property closer to you and between you and this project would be developed further if we were to permit this. Mr. Dortch: I think it would set a precedent to change the zoning, yes. Mr. Plumlee: Okay, and, you mentioned drainage and traffic as your other concerns. We hear all of your concerns. I want to make sure we heard each and every one. Mr. Dortch: I'm not really concerned about the traffic because it's just three homes, but the drainage is definitely a concern. Because the more concrete and asphalt that's put in the area, it's not going to be able to drain off into the wooded area the way it should be. So I think it's going to make the situation worse. Mr. Plumlee: And you recently purchased your house,I take it,just from your comments,or no? Mr. Dortch: 2002. Mr. Coston: 2002. Okay. Thank you very much. Mr.Dortch: Thank you. Mr. Coston: Commissioner Schoonover. And I'll just check and see if they had any other questions. Then we're open for discussion or to entertain a vote. Yes, sir. Mr. Sweeney: First of all, I'd like to assure the Planning Commission through our engineer, Mr. Kellum, and Mr. Kellum, could you come up, please? I don't mean to put people on the spot, but I do. Mr. Kellum, in terms of the stormwater runoff, will all storm water be contained within the site? Mr. Kellum: It will be. Mr. Coston: Please state your name,please, sir. Mr. Kellam: We plan to develop the property. I'm sorry, Robert Kellam, President, Kellam Gerwitz Engineering. We plan to retain most of the water on site. We have not done soil testing as of yet, but this will be 1-acre-plus parcels with a single family home on it. Infiltration is probably the best solution for this property, so we will not be impacting any other properties. Mr. Coston: Thank you. Mr. Kellum: Does that answer? Ms. Schoonover: Yes. Mr. Sweeney: Okay. Thank you so much. One thing that I failed to mention earlier was public outreach. I wanted to let each and every one of you know that I sent letters to the adjoining property owners and did not receive any responses from any of the property owners. I also want to point out one other thing, and that is in the report, the report states low impact on traffic, low impact on schools, low impact on infrastructure. I know that Doctor and Mrs. Turton desire to be good neighbors, and I urge you to vote in favor of this application. Thank you. Mr. Coston: Thank you. Discussion. Motion. Ms. Schoonover: I move to approve the application. Mr. Mauch: I'll second. Mr. Coston: Okay. It has been moved by Commissioner Schoonover and seconded by Commissioner Mauch that this item be approved. Clerk: The vote is open. Your vote, Commissioner Moorjani. Okay. By a recorded vote of 10 to 0, Items 2 and 3, David B. Turton Revocable Trust, has been recommended for approval. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Proffers Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled, "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026 prepared by Kellam Gerwitz (the "Concept Plan"), a copy of which has been exhibit to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which is incorporated by reference herein. Proffer 2 The Property shall consist of no more than three (3) lots and the homes to be constructed at the Property will consist of a minimum of 2,500 square feet. Proffer 3 The homes to be constructed at the Property shall be constructed in conformance with the Transition Area Design Guidelines and the materials used for construction of the homes at the Property shall be in conformance with the Transition Area Design Guidelines. Proffer 4 The Property shall be served in substantial conformity with a variable width access easement for a driveway as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 5 Lot 1 shall be served in substantial conformity with a 50' vegetative buffer along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 6 Lot 1 shall be served in substantial conformity with a 12' shared use path along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 7 Lot 1 shall be served in substantial conformity with a 1' no ingress/egress along Seaboard Road as shown on the Concept Plan on file with the City of Virginia Beach, Virginia. Proffer 8 The deed restrictions and proffers as stated herein shall run with the land for the benefit of Grantor, Grantee and future owners of the Property. Conditions 1. The lots shall be developed in substantial conformance with the conceptual subdivision plan entitled "Concept Development Plan for 2512 Seaboard Road for David B. Turton Revocable Trust, Virginia Beach, Virginia," dated March 4, 2026, prepared by Kellam Gerwitz, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. A final subdivision plat for the proposed lots shall be submitted for review, approval, and recordation in accordance with the requirements of the City of Virginia Beach Subdivision Regulations. 3. Prior to recordation of the final subdivision plat, a legal document establishing a private cross-access reciprocal easement between the proposed lots shall be recorded. The document shall also include provisions for a shared maintenance agreement. 4. A one-foot no-ingress/egress easement shall be established along the Seaboard Road frontage to limit access to a single shared driveway and to prevent the establishment of additional access points in the future. 5. Fire Department access shall be provided in accordance with applicable Fire Code requirements. Fire apparatus access shall be located within 300 feet of all portions of any proposed building. All access drives shall be constructed of all-weather materials and designed to support a minimum fire apparatus loading capacity of 82,000 pounds. 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. 5b:ei+c i�..y Fs; LLr�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANIEL RUBY, TIMMONS GROUP [Applicant] CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 4552 Princess Anne Road (GPIN 1476537071). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: October 6, 2026 ■ Background: The applicant is requesting a Modification of Conditions to construct a 20,000- square-foot field house on this 31.4-acre parcel. The Catholic High School has been in operation on this site since the fall of 1993. A Conditional Use Permit for a Private School was granted for this site by the City Council on April 28, 1992, with a subsequent Modification of Conditions granted on May 28, 2013. The conditions specified that the site be developed in substantial conformance with the concept plan; therefore, a Modification of Conditions is required since the proposed field house was not shown on the concept plan. The proposed 20,000-square-foot field house will be used as an athletic training facility for students. It is proposed for the rear portion of the property, adjacent to the existing football field and tennis courts. Five additional parking spaces are proposed immediately adjacent to the proposed facility, which will be accessed from Healthy Way. The building will be 28 feet tall at the highest point and will feature brick veneer, metal wall panels, and a metal roof. ■ Considerations: The site falls within a Type 1 Neighborhood Place Type where K-12 schools are considered an appropriate non-residential use. The design of the proposed field house will feature a color scheme similar to the existing school facility to maintain a consistent campus-like feel. The structure will be located at the rear of the site with limited visibility from Princess Anne Road or Healthy Way. While the Active Transportation Plan recommends the installation of an 11-foot- wide shared use path along this section of Princess Anne Road, staff from Parks & Recreation determined a side path would be more appropriate in this area since the standards for a side path allow for less separation from the adjacent roadway but maintain a minimum width of 11 feet. Since the improvements proposed with Daniel Ruby, Timmons Group Page 2 of 3 the subject request are limited to the rear of the site, away from Princess Anne Road, the recommended side path was not conditioned with this request. 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 September 9, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. All previous conditions attached to the Modification of Conditions for the property located at 4552 Princess Anne Road of May 28, 2013, shall be voided and replaced with the following conditions below. 2. The field house shall be developed in substantial conformance to the conceptual site plan entitled "Catholic HS Existing Proposed Modification", prepared by Timmons Group, dated June 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The architectural design and materials of the field house shall be developed in substantial conformance to the elevations entitled "Catholic High School Fieldhouse", prepared by RRMM Architects, dated July 31, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 5. The property owner shall obtain a cross-access easement for the proposed access point shown on the Brennaman Farms Shopping Center property prior to the approval of a site plan. 6. The additions to the school shall be developed in substantial conformance with the submitted Site Plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley & McDonald, Inc., dated December 19, 2012. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 7. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Daniel Ruby, Timmons Group Page 3 of 3 Beach City Council and are on file with the Virginia Beach Planning Department. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r- -- Submitting Department/Agency: Planning Department City Manage���(� Agenda Item 10 CouncilApplicant: Daniel Ruby, Timmons Group Property Owner: Catholic Diocese of Richmond Planning Commission Public Hearing: September 9, 2026 City • Project Details Request Modification of Conditions :wr Y9ddk Sclwd `K NSW? 'Oq _ 'r<F Oq �� 6 y TqFE �( Staff Recommendation °G�o QooP v °P�o��oo�°v`5�ea`'� y. `H'" d Approval Staff Plannero Alexis Bailey 3Gs���a a Location '� r; q�'�c� cr '` "2' `vgoti 4552 Princess Anne Road y �p�� yy�' rSgH tiPw=N o`o GPIN �s. o 1476537071 K��peweR_��..y ym sue' qr k WH Site Size 31.4 acres iv OyF�.LPr LF ALDENC <A/CUZ . °r Less than 65 dB DNL 0 ,y Watershed Chesapeake Bay Existing Land Use and Zoning District '` School / R-10 Residential, PD-H1 Planned Unit � a� Development �� � 2`� O; Surrounding Land Uses and Zoning Districts ".w North Single-family dwelling/ PD-H1 Planned Unit Development ' fib South " c Shopping Center/ B-2 Community Business oy East Vacant Land, Office/0-2 Office, P-1 PreservationQ West ► ,$ � `� oir Princess Anne Road Nursing Home, multi-family dwellings/ R-7.5 Residential, PD-H1 Planned Unit Development Daniel Ruby, Timmons Group Agenda Item 10 page 1 of 20 Background SummaryofProposal • The applicant is seeking a Modification of Conditions to construct a 20,000-square-foot field house on this 31.4-acre R-10 Residential District and PD-H1 Planned Unit Development District zoned parcel. The Catholic High School has operated on this site since the Fall of 1993. • A Conditional Use Permit for a Private School was granted for this site by the City Council on April 28, 1992, with a subsequent Modification of Conditions granted on May 28, 2013. The conditions specified that the site be developed in substantial conformance with the concept plan; therefore, a Modification of Conditions is required since the proposed field house was not shown on the concept plan. • The proposed 20,000-square-foot field house will be used as an athletic training facility for students. It is proposed for the eastern portion of the property, adjacent to the existing football field and tennis courts. Five additional parking spaces are proposed immediately adjacent to the proposed facility, which will be accessed from Healthy Way. • The building will be 28 feet tall at the highest point and will feature brick veneer, metal wall panels, and a metal roof. • No additional employees are anticipated for this expansion. • Proposed hours of operation for the field house are 7:00 a.m. to 10:00 p.m. Daniel Ruby, Timmons Group Agenda Item 10 page 2 of 20 Zoning • �` I ° r�r # Requestce 1 MDC Approved 09/17/2024 G?, �` �� CUP (Nursing Home) Approved 11/12/1996 MDC (Religious High School) Approved 05/28/2013 CUP (Religious High School) Approved 04/28/1992 XR7.5 2 1�, PDH1 ' REZ (PD-H1 to R-10 Residential) Approvedr, A 1 04/28/1992 R7 5 10f „� , LUP Amendment Approved 06/23/1998 LUP Approved 03/10/1975 p p CUP (Religious Use) Approved 04/10/2012 � y y �� 3 LUP Approved 11/19/1981pN 'C?H1 �� �R- .� CUP (Church) Approved 11/12/2002 4 CRZ (R-6 Residential to Conditional 0-1) Approved 08/03/1987 5 LUP Amendment Approved 06/23/1998 LUP Approved 03/10/1975 6 LUP Approved 11/19/1981 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 proposed Modification of Conditions to construct a 20,000 square foot field house is, in Staff's opinion, acceptable. The site falls within a Type 1 Neighborhood Place Type where K-12 schools are considered an appropriate non-residential use. The design of the proposed field house will feature a color scheme similar to the existing school facility to maintain a consistent campus-like feel. The structure will be located at the rear of the site with limited visibility from Princess Anne Road or Healthy Way. Additionally, this portion of the site lies adjacent to the rear of the Brenneman Farms shopping center and a medical facility, both of which would be minimally impacted by the proposed facility. While the Active Transportation Plan recommends the installation of an 11-foot-wide Shared Use Path along this section of Princess Anne Road, staff from Parks & Recreation determined a sidepath would be more appropriate in this area since the standards for a sidepath allow for less separation from the adjacent roadway but maintain a minimum width of 11 feet. Since the improvements proposed with the subject request are Daniel Ruby, Timmons Group Agenda Item 10 page 3 of 20 limited to the rear of the site, away from Princess Anne Road, the recommended sidepath was not included or conditioned with this request. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Modification of Conditions for the property located at 4552 Princess Anne Road of May 28, 2013, shall be voided and replaced with the following conditions below. 2. The field house shall be developed in substantial conformance to the conceptual site plan entitled "Catholic HS Existing Proposed Modification", prepared by Timmons Group, dated June 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The architectural design and materials of the field house shall be developed in substantial conformance to the elevations entitled "Catholic High School Fieldhouse", prepared by RRMM Architects, dated July 31, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 5. The property owner shall obtain a cross-access easement for the proposed access point shown on the Brennaman Farms Shopping Center property prior to the approval of a site plan. 6. The additions to the school shall be developed in substantial conformance with the submitted Site Plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley & McDonald, Inc., dated December 19, 2012. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 7. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the Daniel Ruby, Timmons Group Agenda Item 10 page 4 of 20 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. Conditions f • 113 Modification of • • • 1. Except as expressly modified herein, all conditions attached to the Conditional Use Permit granted by the City Council on April 28, 1992, and modified on August 11, 1992, remain in full force and effect. 2. The Site and lighting shall be developed in substantial conformance with the submitted Site Plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley & McDonald, Inc., dated December 19, 2012. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 4. The applicant shall submit a Photometric Plan for an exterior lighting review and approval. 5. The applicant shall submit a Landscape Plan for the new development areas review and approval. Comprehensive • • The site falls within a Type 1 Neighborhood Place Type, an overarching goal of which "is to provide a well- landscaped, quiet, and safe setting for single-family homes" (p. 175, imagineVB 2040 Comprehensive Plan). In Type 1 Neighborhood Place Type "limited civic uses, primarily K-12 schools and parks, are considered appropriate non-residential uses" (p. 175, imagineVB 2040 Comprehensive Plan). Daniel Ruby, Timmons Group Agenda Item 10 page 5 of 20 ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-No Data Available Proposed Land Use 3—The proposed field house on the Princess Anne Road 28,300 ADT1 32000 ADT 1(LOS a existing private school campus is D an expected accessory use for the school. Thus, there should be no significant change in trip generation with the addition of the field house. 1 Average Daily Trips 2As defined by a 3As defined by a 'LOS = Level of private school private school Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Princess Anne Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a four-lane facility within a 120-foot right-of-way. No roadway Capital Improvement Program projects are slated for this area. Active Transportation Plan(ATP) The Active Transportation Plan proposes a Shared Use Path along Princess Anne Road in this area. Public Utility Impacts Water&Sewer There is an existing 12-inch city water main along Princess Anne Road, and the site connects to a city sewer manhole along Princess Anne Road with a private force main. The site connects to city water and sanitary sewer. Daniel Ruby, Timmons Group Agenda Item 10 page 6 of 20 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage at virginiabeach.gov/pc on September 3, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. Daniel Ruby, Timmons Group Agenda Item 10 page 7 of 20 Proposed Layout C z f hm9 6 Z. r f 5 r 11 n...,ia .. _ .. 4 8 f . t ' o fly I w _ ,... N O a. W f 0. Z � II \ N O LLU z LL V I U � J = U a 0 U0 Daniel Ruby, Timmons Group Agenda Item 10 page 8 of 20 • P' ' I -bD ao DD /yy�ji•! r y p, t 1.M. wsrDt tc 317E AREA: tM,084 5,:,31.36 ACRES Y a°ba o�DD'opp bp" C¢'IN: 1410537071 DM a IIrre� - `.n. • I 20 �P.C.QS,�QD �Op7J'^��•ht>d••! l4SA ^n. ADDRESS: - M • / du a 3 __ 4557 PRINCESS ANNE ROAD • ) J/�li+ _.�, ( r ' ObD�q iyy VIRGINIA BEACH VIRGINIA ZONE RICBPDHI 9a no EXISTING C.U.P.'CATHOLIC IiTED 40SM21 C GRAI1TE04R8192 kww_. �."""'_'^� 0� FLOOD ZONE: ZONE*r -'+' ` T bD TF. FIRM TORY 092E MAX.BLDG.HEIGHT. J72STORY 271-STORY +� I` p / / '6�q � F "• b` .`. PARKING SPACES'. M EXISTING 320 �) e L_._„� ��-ry I •. f .t ryD PROPOSED 320 t - Ll a.� op�� x j7 .j..-.��r+mwcttsasaoars Nun f -.._ mXxs PRDPmcax Hal _.. bb iw wloa. Aww.A • \ FOOTPRINT ` }._ �o~°^,y" f�_,�.,,,` 1•lCM• sr tot) \2n EXISTING E AREA S,F. 44pp .v' "CP EXISTING BUKOINOS: ---1 � eWL Y• ! l4Jt ib,atw.-.f �`_;-_ / HIGH SCHOOL 57117 a.I -•p�L 9.0 !/''''tXAItA4LEVGL 1Af.N . :`ti UTILITY ROOM 1,768 - ' I()_^� / opd,6RDthwTatttb �(T LT 1 y}p CLASSROOM SU1LDING 1,553 1•' '4"j5'7P,�' /.bA'6ahv'OC'0103'aoA9SIlSl1�SL•OP�4.° Stan �I •Jps LOCKER ROOM ,uw'ra t ,. 9 r n•.un•• rl .M•IMPD 4TDIK _ { YP SUBTOTAL 63,801 ` t • c P�A PROPOSED BUILDINGS; aaw� ,sv re srxare �R•e 6RII�ATH® ,, 4. C °� RESTR PN!!+�E-t�91'ISTRtxT�, PD OOM/CO/CONCESSION 3,200 FOOTBALL FIELD LIGHTS 0 SUBTOTAL jpp /A{���p�E�y�/1''►►��(/�� a.u.�s.n 1:D i�1�II�`{e f in P4A$�z CSN/STRUCTIDN; 11f'("11/.O/yV�C`�LQr//��/ erv++ry p�I�R�1i+17`IR��YI �y_�{(��'1�''',,� � b}y nuX1L.YG'/MWSIUM COUNCIL �~I . ItW1110 k7R�tlln}L/�I ry� f.p ENCLOSED ENTRY Am W 1 HIGH SCHOOL AD&WRESTLING) 5 pip SIGN1�1^ Pn COCKER ROOMS6NRiESTUNG) - .. u'I°H'R'f' !t}p bo c SUBTOTAL ia.Odl DATE _.. i..... TOTAL Stool uu.ir' t llA! />:rY^ in A,• -4 C)INCLUDED IN 1992 C.D.P. PLANNING QEPARTWENT ROAD (V4gNDp[NAM R.O.W (V/A/C "'^!!C ISS.SI � J Ne 75),qr.nl (Ys zrr,ry,re 4 n/ BISHOP SULLIVAN CATHOLIC HIGH SCHOOL �.._ VIRGINIA BEACH, VIRGINIA SITE PLANoICEMaFR,9,zalz D —! m rD v = 3 cro C' O rr LA rD G) 3 O 0 0 "a Proposed Elevations .._.� METAL ROOF . 71 SYSTEM BRICK VENEER METAL PANEL WAINSCOTING BLDG EAVE HEIGHT:23' ROOF PEAK HEIGHT:28' CATHOLIC HIGH SCHOOL FIELD HOUSE 4552 PRINCESS ANNE ROAD, VA BEACH , JULY 31, 2026 HEMMIS .•*•. • ARCHITECTS TIMMONS GROUP Daniel Ruby, Timmons Group Agenda Item 10 page 10 of 20 0, Me- -g P l v. 1 1 Y Gv-tD t-+ycn( �i APa VED - OUNCIL SIGN DA�� (• �! TE PLANtvlAdG DE E � I f k , ;i s Daniel Ruby, Timmons Group Agenda Item 10 page 11 of 20 Site Photos .. _ '.Y .r• .,.' ...' rx tY 1 � Daniel Ruby, Timmons Group Agenda Item 10 page 12 of 20 Site Photos l t� �� �` ` 'l��III S INIIL4 f$ Y dY-'tlf6�. y q �siar 40-Imp � 1 t ..r ... .. .. _ 7 lot Disclosure DisclosureCITY OF VIRGINIA BEACH Statement r• 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 alf 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 Daniel Ruby, Timmons Group 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?Yeso Noe if yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNo© If yes,list the names of all officers, directors,members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity a relationship with the applicant. (Attach list if necessary.) See attached list of officers of Timmons Group. 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© 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 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 Daniel Ruby, Timmons Group Agenda Item 10 page 14 of 20 Disclosure SECTION DISCLOSURE . -. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation Q 0 Arch itect/Designer/Landscapefi O Q RRMM Architects Architect/Land Planner Construction Contractor Q Q Hemmis Construction Engineer/Surveyor/Agent Q Timmons Group Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Daniel Ruby �� 7/1)26 Applicant Name(Print) Appli ant Signature Date 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 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): 9/15/2026 Alexis Bailey 9/17/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Daniel Ruby, Timmons Group Agenda Item 10 page 15 of 20 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: os listed on application Catholic Diocese of Richmond Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yesl i Noo If yes,list the names of all officers,directors,members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Owner is Bishop Barry C.Knestout,of the Sole corporation. Does the subject property have a proposed or pending purchaser? Yes© Noe If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No Q If yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services 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 or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Accounting/Tax Return Preparation O G) Architect/Designer/Landscape O O RRMM Architects Architect/Land Planner Construction Contractor O © Hemmis Construction Engineer/Surveyor/Agent Q Q Timmons Group Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Musk Veyt'rt'I,d A rill(': Ktt�(,tT'at- Property Owner Nam -� (Print) Propert)lLOwner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Daniel Ruby, Timmons Group Agenda Item 10 page 16 of 20 Disclosure Timmons Group Shareholders, Officers &Directors 2026 First Name Last Name Director Title Officer Andrew Allison Principal William Altman Principal Tim Asimos Principal Rick Baker Principal Chuck Baker Principal Lowell Ballard Yes Principal Shawn Balon Principal Beth Blackmon Principal Brian Bortell Yes President&CEO Yes Kaitlin Bradley Principal Ron Butcher Principal Adam Carroll Principal Jim Chandler Principal Alan Christoe Principal Bryan Cichocki Principal Mike Claud Principal Brian Copeland Principal Bryan Corcoran Principal Brian Crutchfield Principal Tim Davey Yes Principal Colby Dechi ara Principal Chris Dodson Yes Principal Vince Doherty Yes CFO&Treasurer Yes Jason Dolan Principal David Duncan Principal Dwayne Dunevant Yes Principal Scott Dunn Principal Michael Edwards Principal Luke Fetcho Principal Melvin Fleming Principal Jeremy Fox Principal Lou Garcia Principal Chris Gerecke Principal Robert Gonzalez Principal Andrew Gould Yes Principal LeeAnn Gudorp Principal Blake Hall Yes Principal Kathleen Halpaus Principal Kim Hamby Principal Shannon Hayes Yes Principal Stephanie Herman Principal Luis Hernandez Principal Randy Herx Principal Joe Hines Principal Jeff Hochanadel Principal Steve Hostetler Principal Dexter Howell Principal Wes Hunnius Principal Dan Jamison Principal Page 1 of 3 Daniel Ruby, Timmons Group Agenda Item 10 page 17 of 20 Disclosure Timmons Group Shareholders, Officers &Directors 2026 First Name Last Name Director Title Officer Derrick Johnson Principal Gary Johnson Yes Principal Jessica Johnson Principal AI ly Kennedy Principal Chris Kiefer Principal Ryan Kiss Principal Craig Kotarski Principal Bruce M cCloy Principal Matt McCracken Yes Principal Heather McLaughlin Principal Joe Medley Principal Jason M izell e Principal Jon Murray Principal Brandon Musick Principal Matt Neely Principal Greg Nelson Principal Christopher Nelson Principal Kevin O'Meara Principal Michael Patey Principal Chris Petree Principal Steve Raugh Principal Nathan Reeves Principal Thad Rich Principal Mark Richardson Yes Principal Keith Roberts Yes Principal Roger Rodriguez Principal Dan Ruby Principal Thomas Ruff Principal Rich Satmaria Principal David Saunders Principal Steve Schmidt Principal Dylan Sheets Principal Tim Sheldon Principal Clint Shifflett Principal Jeff Smeraldo Principal Shawn Smith Principal Marc Snider Principal Nick Soucie Principal Jared Squyres Principal Bruce Strickland Principal Lauren Sullivan Principal Nathan Tate Principal Rick Thomas Principal Brian Tingen Principal Chris Todd Principal Paul Trapp Yes Corporate Secretary Yes Randy Trott Principal Luke Turner Principal Bill Vest Yes Principal Page 2 of 3 Daniel Ruby, Timmons Group3 Agenda Item 10 page 18 of 20 Disclosure Timmons Group Shareholders, Officers &Directors 2026 First Name Last Name Director Title Officer John wall Principal Amelia Wehunt Principal Brian Welch Principal Scott Wiley Principal Hunter Wines Principal Ivan Wu Principal John Zaszewski Principal Page 3 of 3 Daniel Ruby, Timmons Group Agenda Item 10 page 19 of 20 • 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. Daniel Ruby, Timmons Group Agenda Item 10 page 20 of 20 i � O t Qp Cff /pq/f- QR- tics PDH1 s� ,1 0 CO ` - *44 a o � Site Daniel Ruby, Timmons Group Zoning 4552 Princess Anne Road ' L__ I Property Polygons Feet 0 112.5 225 450 675 900 Mao created by Plannina Deoartment on 9/8/2026 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #10 Daniel Ruby, Timmons Group Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item on the consent agenda is Item 10. Daniel Ruby Timmons Group. Is there a representative here today? Thank you. Please state your name for the record. Mr. Ruby: Good afternoon, Commissioners. My name is Daniel Ruby. I am with Timmons Group,representing Catholic High School. Ms. Byler: Thank you. Are the conditions acceptable to your client? Mr. Ruby: Yes, ma'am. Ms. Byler: Thank you. You may be seated. Is there anyone here in opposition to this matter? Hearing none, I've asked Commissioner Camp to read it into the record. Mr.Camp: Thank you,Madam Vice Chair. This is an application for modifications of conditions for property at 4552 Princess Anne Road, the site of Bishop Sullivan Catholic High School. The applicant is seeking to construct a 20,000 square foot field house on this 31.4 acre R-10 Residential District and PD-H1 Planned Unit Development District zoned parcel. A conditional use permit for a private school was granted for the site by City Council April 28, 1992, with a subsequent modification in 2013. The conditions specified that the site be developed in conformance with the concept plan. The field house was not shown on the concept plan, therefore this modification is being requested. The building will be 28 foot tall at the highest point, with a brick veneer, metal wall panels,and a metal roof. Proposed hours from 7 a.m.to 10 p.m. The Commission is unaware of any objections and therefore finds this application in order for consent. Ms. Byler: Thank you, Commissioner Camp. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr. Plumlee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check, and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. Commissioner Moorjani your vote. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. All previous conditions attached to the Modification of Conditions for the property located at 4552 Princess Anne Road of May 28, 2013, shall be voided and replaced with the following conditions below. 2. The field house shall be developed in substantial conformance to the conceptual site plan entitled "Catholic HS Existing Proposed Modification", prepared by Timmons Group, dated June 30, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. The architectural design and materials of the field house shall be developed in substantial conformance to the elevations entitled "Catholic High School Fieldhouse", prepared by RRMM Architects, dated July 31, 2026, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval during final site plan review. 5. The property owner shall obtain a cross-access easement for the proposed access point shown on the Brennaman Farms Shopping Center property prior to the approval of a site plan. 6. The additions to the school shall be developed in substantial conformance with the submitted Site Plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley& McDonald, Inc., dated December 19, 2012. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 7. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 8. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WILLCO / 440 Monticello Avenue I Suite 2200 SAVAG Norfolk,VA 1 23510 757.628.5500 1 wilicoxsavage.com Lisa M.Murphy (757)628-5540 Imurphy@wilsay.com 80044.0004 September 30, 2026 VIA ELECTRONIC MAIL Ms. Alexis Bailey Planner I, Planning Administration Division Virginia Beach Department of Planning and Community Development 2403 Courthouse Drive Municipal Center, Building 3 Virginia Beach, VA 23456 Sectorsite Tower Assets L.L.C. Conditional Rezoning& Conditional Use Permit Applications 2026-PCCC-00021, 2026-PCCC-00013 & 2026-PCCC-00014 Boat& RV Storage Facility 3386 Holland Road, 201 Dear Alexis: I am writing to you on behalf of the Applicant in connection with the referenced applications to seek to have the City Council public hearing on these applications deferred to the November 3rd City Council Meeting. Please do not hesitate to call or email me should you have any questions regarding this request. With kind regards, I am Very truly yours, Li a M: urp y cc: Ms. Amanda Barnes, MMC (via email) John C. Alvarez, Esq. (via email) Mr. Dan Gechtman (via email) Ms. Lynn Toomey (via email) Reply to Norfolk Office iA 8 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SECTORSITE TOWER ASSETS L.L.C. [Applicant] SECTORSITE TOWER ASSETS L.L.C., GREAT EASTERN RESORT CORPORATION, AND VICINITY HOLDINGS LLC [Property Owners] Conditional Rezoning (0-2 Office District to Conditional B-2 Community Business District), Conditional Use Permit (Mini-Warehouse), and Conditional Use Permit (Bulk Storage Yard) for the property located at 3386 Holland Road and 3396 Holland Road (GPIN 14868270070002, 14868270070001, 1486815934). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: October 6, 2026 ■ Background: The applicant is requesting a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit for Mini- Warehouse, and a Conditional Use Permit for a Bulk Storage Yard in order to develop and operate a Mini-Warehouse Facility that includes fully enclosed storage units, covered storage units for boats and RVs, and surface storage spaces. The site is a two-unit land condominium. Unit A occupies the front portion of the site and contains a building occupied by a church and offices, which will remain in the 0-2 Office District. Unit B occupies the rear portion of the site and is subject to the proposed Conditional Rezoning and Conditional Use Permits. The proposal includes a gated self-storage facility with 25 fully enclosed storage units, 12 covered storage spaces, and 14 open-surface storage spaces. The fully enclosed storage spaces will be 16 feet in height and will consist of metal siding and corrugated steel roll-up doors. The metal exterior will be painted beige with earth-tone accents. Per Section 904(b) of the Zoning Ordinance, zoning lots in the B-2 Community Business District that are adjacent to an apartment district require a 15-foot-wide landscape buffer with Category IV plantings along all adjoining lot lines. The applicant proposes to retain a 20-foot-wide Category IV landscape buffer along the northeastern property line to buffer the facility from the adjacent residential uses. In accordance with Section 228 of the Zoning Ordinance, the Bulk Storage Yard is required to provide Category VI screening, consisting of a six-foot-tall solid fence with Category I plantings. The facility will be surrounded by an 8-foot-tall neutral- colored composite fence. The applicant proposes to retain a 15-foot-wide buffer of existing mature trees and vegetation along the northwestern property line, a 20- Sectorsite Tower Assets L.L.C. Page 2 of 5 foot-wide Category IV landscape buffer along the northeastern property line, a 6- foot-wide Category IV landscape buffer along the southeastern property line, and a 5-foot-wide Category IV landscape buffer along the southwestern property line. The applicant is requesting a deviation from the Bulk Storage Yard screening requirements, specifically the installation of plantings along the southeastern and southwestern property lines. The applicant has indicated that they would be unable to install the required landscaping due to the limited space and existing utility and drainage easements within these areas, as well as the location of the communication tower at the front of the property. While Mini-Warehouses require one space per employee on the maximum working shift, since the applicant is not proposing any employees, there is no parking required on the site. The applicant is, however, proposing five customer parking spaces. ■ Considerations: These requests are in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development. The proposed self-storage facility is surrounded by both commercial and residential uses and provides a service to the surrounding businesses and residences. Additionally, the proposed use is located at the rear of the site, minimizing visibility from Holland Road, and existing vegetation is proposed to remain along the northwest property line, with new landscape buffers proposed along the northeast and east property lines to screen the proposed uses. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Conditional Rezoning Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully Sectorsite Tower Assets L.L.C. Page 3 of 5 engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan and it will continue to provide ingress, egress and access to the SECTORSITE Property over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0-2 Office District. Proffer 3 All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 5 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Conditional Use Permit for Mini-Warehouse 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Sectorsite Tower Assets L.L.C. Page 4 of 5 Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. 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 Use Permit for Bulk Storage Yard 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated February 25August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. Sectorsite Tower Assets L.L.C. Page 5 of 5 3. The fence shall be developed in substantial conformance with the exhibit on page 14 of this Staff Report which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 4. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Storage within the outdoor bulk storage yard shall be limited to boats, and RVs, and operable vehicles. 7. 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 Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CCN City Manager: 1 • / ••licant: Sectorsite Tower - Property Owners: Sect• • 1 Resort C• •• • . • Vicinity Holdings CouncilPlanning Commission Public Hearing: September 9, 2026 City / / R• Project Details Requests Conditional Rezoning (0-2 Office District to o\P�` 61 9 `� Conditional B-2 Community Business District) Conditional Use Permit (Mini-Warehouse) o p o c�G� Conditional Use Permit (Bulk Storage Yard) , I�°°° o Staff'Recommendation 9`L O��S�O M fSaOs _ �2-e R <5 Approval 4 �, y¢ WINDRucE iS c OS Rrpr RD ti° Staff Planner Alexis Bailey Location 3386 Holland Road & 3396 Holland Road �� 500�`� o�'�i cP tee- QQ GP/Ns � P 14868270070002, 14868270070001, 1486815934 o�L\° `RES' ?OP ? CPES Site Size OPffODI R4NOM cq �R�S 2.164 acres A/CUZ 65-70 d6 DNL; Sub-Area 3, 70-75 dB DNL Watershed �" ERA°o'G• "` Chesapeake Bay to 2 Existing Land Use and Zoning District �o� Office/ 0-2 Office Surrounding Land Uses and Zoning Districts North 0 Semi-detached dwellings/A-12 Apartment South Holland Road Multiple-family dwellings/ PD-H1 Planned Unit = Development � t East Mini-Warehouse/ B-2 Community Business West Childcare Education Center, office/0-2 Office, B-2 Community Business Sectorsite Tower Assets Agenda Items 12, 13, & 14 page 1 of 22 Background SummaryofProposal • The applicant is requesting a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit for Mini-Warehouse, and a Conditional Use Permit for a Bulk Storage Yard in order to develop and operate a Mini-Warehouse Facility that includes fully enclosed storage units, covered storage units for boats and RVs, and surface storage spaces on a portion of this 2.164-acre site. • The site is a two-unit land condominium. Unit A occupies the front portion of the site and contains a building occupied by a church and offices, which will remain in the 0-2 Office District. Unit B occupies the rear portion of the site and is subject to the proposed Conditional Rezoning and Conditional Use Permits. • The proposal includes a gated self-storage facility with 25 fully enclosed storage units, 12 covered storage spaces, and 14 open-surface storage spaces. • The fully enclosed storage spaces will be 16 feet in height and will consist of metal siding with galvanized or red-oxide light gauge framing with corrugated steel roll-up doors. The metal exterior will be painted beige with earth-tone accents. • The facility will be open from 7:00 a.m. to 9:00 p.m. daily. Although the facility will be unmanned, it will be monitored remotely via video cameras. • Per Section 904(b) of the Zoning Ordinance, when a zoning lot within a B-2 Community Business District adjoins an apartment district without an intervening street, alley, or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential or apartment district. The applicant proposes to retain a 20-foot-wide Category IV landscape buffer along the northeastern property line to buffer the facility from the adjacent residential uses. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening, which consists of a minimum six-foot-tall solid fence with Category I plantings. The facility will be surrounded by an 8-foot-tall neutral-colored composite fence. Additionally, the applicant proposes to retain a 15-foot-wide buffer of existing mature trees and vegetation along the northwestern property line to buffer the facility from adjacent office uses, a 20-foot-wide Category IV landscape buffer along the northeastern property line to buffer the facility from the adjacent residential uses, a 6-foot-wide Category IV landscape buffer along the southeastern property line, and a 5-foot-wide Category IV landscape buffer along the southwestern property line. The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted site plan, depicted on page 11 of this report, includes an eight-foot-tall fence; however, the applicant is requesting a deviation to the installation of plantings along the southeastern and southwestern property lines. The applicant has indicated that they would be unable to install the required landscaping due to the limited space and utility and drainage easements along the entire perimeter and the location of the communication tower at the front of the property. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 2 of 22 • There is an existing 10-foot-wide VEPCO Easement along the northeastern property line, a 5-foot-wide utility and drainage easement along the entire perimeter of the site, and a stormwater pipe along the eastern property line, all of which impact the location and type of proposed plantings. • Per Section 203(a)(32) of the Zoning Ordinance, the parking requirement for a Mini-Warehouse is one space per employee on maximum working shift. Since the applicant is not proposing any employees for the Mini-Warehouse use, no parking spaces are required on site. The applicant is proposing five customer parking spaces. HistoryZoning # Request2 i REZ Approved 01/16/2024 �o' CUP (Tattoo Parlor) Approved 01/16/2024 �y�c / __ c� CUP (Truck &Trailer Rental) Approved 6 2 09/20/2022 CUP (Mini-Warehouse) Approved 09/20/2022 4132 CUP (Communication Tower) Approved 7 so� Al2 f 3 11/20/2018 � B2 O2 ` CUP (Church) Approved 07/14/2009 y� 02 3132 CRZ (B-1A to Conditional B-2) Approved 2 10/17/2017 CUP (Tattoo Parlor & Body Piercing A Establishment) 10/17/2017 (�J��`c�E�o11� MDC (Business &Vocational School) 04/07/2017 - ° 4 CUP (Vocational Use) Approved 03/03/2015 CUP (Child Care Education Center)Approved Application Types 02/08/2005 CUP: MDP: Modification of Proffers CUP (Religious Use) Approved 11/23/2004 Conditional NON: Nonconforming Use CUP (Religious Use) Approved 11/27/2001 Use Permit STC:Street Closure CUP (Religious Use) Approved 10/10/2000 REZ: Rezoning FVR: Floodplain Variance CUP (Religious Use) Approved 11/22/1994 CRZ: ALT.•Alternative Compliance 5 CUP (Religious Use) Approved 04/08/1992 Conditional SVR:Subdivision Variance 6 LUP Approved 08/17/1987 Rezoning LUP: Land Use Plan CUP (Auto Repairs &Services) Approved MDC: STR:Short Term Rental � Modification ification of Conditions 8 LUP Approved 12/31/1973 Evaluation ; Recommendation In Staff's opinion, these requests for a Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District, a Conditional Use Permit for Mini-Warehouse, and a Conditional Use Permit for a Bulk Storage Yard are acceptable. These requests are in keeping with the policies and goals set forth in the Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 3 of 22 Comprehensive Plan for the Suburban Area, as it pertains to infill development. The proposed self-storage facility is surrounded by both commercial and residential uses and provides a service to the surrounding businesses and residences. Additionally, the proposed use is located at the rear of the site, minimizing visibility from Holland Road and existing vegetation is proposed to remain along the northwest property line with new landscape buffers proposed along the northeast and east property lines to screen the proposed uses. As the site is currently heavily wooded, the applicant is proposing to retain to the existing mature trees and vegetation along the northwestern property line to satisfy the requirement for a 15-foot-wide buffer for adjacent office uses, and a 20-foot-wide Category IV buffer will be planted along the northeastern property line to buffer the facility from the adjacent residential uses. While there is no trip generation data available for the RV and boat Mini-Warehouse and Bulk Storage land use,, it is the option of Staff that this is a very low trip-generating land use and will generate less trips than the 724 anticipated trips generated based on the existing 0-2 Office Zoning District. The Fire Marshal's Office has reviewed the proposal and has no issues with the development. Further review will take place during the final site plan review. Based on these considerations, Staff recommends approval of these applications, subject to the proffers and recommended Conditional Use Permit conditions listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning& Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer 2 The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan and it will continue to provide ingress, egress and access to the SECTORSITE Property Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 4 of 22 over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0-2 Office District. Proffer 3 All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer S The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions for Mini-Warehouse 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning& Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 5 of 22 b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. 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. Recommended Conditions for Bulk Storage Yard 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated February 25, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning& Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The fence shall be developed in substantial conformance with the exhibit on page 14 of this Staff Report which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 4. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 6 of 22 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Storage within the outdoor bulk storage yard shall be limited to boats and RVs. 7. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan includes this parcel within the Suburban Area. In the Suburban Area, the City seeks to create and maintain "Great Neighborhoods" including through complementary non-residential uses. (p. 1-60, Comprehensive Plan Policy Document) Parking areas should be located at the rear of the site when possible. Existing trees and vegetation should be preserved and incorporated into the overall site design. Commercial uses when developed adjacent to residential uses should utilize landscape design to provide screening and buffers between the uses. (p. B-7, Reference Handbook) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 7 of 22 Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Existing Zoning—724 ADT based on 2.2 acres of 0-2 Office District 32,700 ADT 1(LOS a Zoning Holland Road 32,200 ADT' Proposed Land Use 3—There is no trip generation data available for the RV bulk storage land use. However, this is a very low trip generating land use. 1 Average Daily Trips 3As defined by a mini- 4LOS = Level of 2As defined by an warehouse and bulk Service empty 2.2-acre lot storage yard for RVs and boats Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Holland Road, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no CIP projects to upgrade this section of Holland Road at this time. Active Transportation Plan(ATP) There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water There is an existing 16-inch city water transmission main along Holland Road and there is an existing 8-inch city water main within the property. The site is currently connected to city water. Sewer There is an existing 8-inch city sanitary sewer gravity main along the northwestern corner of the property. The site is currently connected to city sewer. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 8 of 22 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage at virginiabeach.gov/pc on September 3, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 9 of 22 d' N U � N J � O V) nj O N � N N � H3WM ARM m oc o s of L In fl- -- a>rnaxau�a�m'�i On-4,awo° a -_-- m ur.s a,..w em a moo,$)r�x ao.mraw•r.sai}u.vu.uwz.,.rww nwr san as sw•, — � six/n/io m wu.sr�'xi�aiusu aw ..' •.. .. ww�rrd,r.�uC w ru'Iwt++n 3m nneircM omv w w ras sr mv�c,ar t wz'(O�eT motl v, •-, (� '"`•n'+•�"`.uu.x`Np01ia o a� suss�mr�ao is`.� � -O m• L rD s913.A101{�1GYi i � O[$ 4- <�$S Z o w No lmn {JIY_6f1 slr�ro. u b OtlEW YI ..••„" Y 0 m �ua>N� mha laaau.,w(n anitrt,u is uioGi Yr�MW`Oroi�i Y i-a M�aurm'Maot�'ll �i r �� 50 O xwi nun aai arza�ccii ro m niwspdnt 4c v mdl r a000-.nc-�o-.w�r�mo-tm.-o�rrx p�adwro-La�o�M� 2 �\� SS1oC7Q5 , �� _ter;_\ ll..�� 'm...a �w drarrrr •v \__ �..... t<�w.."m":�n"' ,I. r I r \ MIN lip gy g° F 9�gI Rai $ K r - zZ anao maa�ii 1/ :.h i ��aQrrraua /F%. Proposed Elevation for Enclosed and Covered Storage Covered Storage i Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 11 of 22 Proposed Elevation for Enclosed and Covered Storage COLOR I jj I � � s Material EXTERIOR CLADDING: METAL SIDING PROFILES FRAMING: Option GALVANIZED OR RED-OXIDE LIGHT GAUGE FRAMING ROLL-UP DOORS: 26 GA.CORRUGATED STEEL DOORS Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 12 of 22 Proposed Fence �► Sys�. "'s C !►c,+-�:~"� .t �:� -� ?'d-� �y F Sectorsite Tower Agenda Items 12, 13, i 14 page of 22 I I ri. F �} r w Site Photos 71 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 14 of 22 w b Site Photos kik ;x .m, jyKx. -Ape Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 15 of 22 Disclosure r DisclosureVIRGINIA BEACH Statement The disclosures contained in this form ore necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertoin to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION. DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed o.n application Sectorsite Tower Assets L.L.C. Is Applicant also the Owner of the subject property? YesQ No© if no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No© !f yes,name Representative: Lisa M. Murphy, Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yesf`•,JNo® If yes,list the names of al/officers,directors,members,or trustees below AND businesses that have a porent-.subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Dan Gechtman,Sole Member of Sectorsite Tower Assets,L.L.C. There are no affiliates. 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® No0 if yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0— Disclosure Statement I rev. May-2024 page 1 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 16 of 22 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entit and or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape © Q Architect/land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent @ 0 Civil Engineering and Construction Services Legal Services © Lisa M.Murphy,Esq./Willcox&Savage,P.C. APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for ubl' hearing,I am responsible for updating the information provided herein three weeks prior to them e ing of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committe i connection with this application. Sectorsite Tower Assets L.L.C. Sectorsite Tower Assets I.L.C. By. Applicant Name(Print) Name pm Title: Vedii Date L Z$.Ztr t'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 4 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 4 2.2-3101. FOR CITY USE ONLY: 6 No changes as of(date): 9/16/2026 Alexis Bailey 9/1712026 Staff Name(Print) Staff Signature Date ............ Disclosure Statement I rev. May 2024 page 2 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 17 of 22 SECTIONDisclosure Statement - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application VICINITY HOLDINGS LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes*Noo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidia 1 or a iliated business entity zrelationship with the applicant. Attach list Inecessary.,1 ✓� © fr c/X� Q v, e1111er.�vlr UN r��y 1 icrlall Does the subject property have a proposed or pending purchaser? Yes© No* if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q Nola 1 yes,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or Individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor 0 iMJ Accounting/Tax Return Preparation 0 41 Architect/Des igner/Landscape Architect/Land Planner 4 01 Construction Contractor 0 j 0 1 Engineer/Surveyor/Agent 0 Le al Services C PROPERTY OWNER CERTIFICATION READ:i certify that ali information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled far public hearing, 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. VICINITY HOLDINGS LLC VICINI i � S V77 S l zi� Property Owner Name(Print) Name itie: ri 6. ° Dat Disclosure Statement I rev. May-2024 page 3 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 18 of 22 Disclosure UJ tlJit.V VII U�!!./II\.Utf Vti VVtF/Vi U\IV11 Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesgNoo If yes,list the names of al/officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) See Exhibit"A"attached Does the subject property have a proposed or pending purchaser? Yes No0 If yes,name proposed or pending purchaser: Sectorsite Tower Assets, LLC, a New Jersey LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the�subject land or any proposed development contingent on the subject public action? Yes 0 No(0 If yes,name the official or employee,and describe the nature of their interest. `PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, 0 cross-col lateral ization,etc.) j Real Estate Broker/Agent/Realtor i 0 9 Accounting/Tax Return Preparation 0 `%` Architect/Designer/Landscape + O (y Architect/Land Planner (��v/ Construction Contractor 0 �l Engineer/surveyor/Agent 0 _ Legal Services 0 Qr PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 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. Great Eastern Resort corporation By: 7-1 q—Z L Property Owner Name(Print) Property Owne nature Date Disclosure Statement I rev. M a y-2024 pose 1 of 3 Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 19 of 22 Disclosure Exhibit A Great Eastern Resort Corporation (GERC) Corporate Info. > (Developer) Corporate Entity > Great Eastern Resort Corporation (All TRC Officers reported to FinCEN 12/2024) Chairman &CEO President&COO Steven C.Krohn Executive Vice President Matthias N.Smith Vice President Vice President John C.Alvarez Vice President Vice President Mchael W.Owens Vice President Mark S.Wagner VP/CFO/Treas/Asst.Sec. Courtney E.Wenleder Treasurer Secretary/General Counsel John C.Alvarez Secretary Directors- Class I(through 2025)Chair Class II(through 2026) Steven C.Krohn Class I(through 2025) Class II(through 2026) Class I(through 2025) (Classes are for TRC only;TRC Directors reported to FinCEN) Matthias N.Smith Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 20 of 22 Disclosure Exhibit A (continued) Parent Company: The Resorts Companies, Inc. Affiliates: • Recreational Resorts, Ltd. • Great Eastern Resort Management, Inc. • Peak Construction Company • Great Eastern Waterpark, LLC • Recreational Resorts Management, LLC Subsidiaries: • Spotswood Trail, LLC • Great Eastern Belleview, LLC • Great Eastern nelson Hopkins, LLC • Great Eastern Village Festival, LLC • Great Eastern Rentals, LLC • Great Eastern Western Slope, LLC Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 21 of 22 • 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. Sectorsite Tower Assets L.L.C. Agenda Items 12, 13, & 14 page 22 of 22 CI 00 Le zos , �v RoS's G ti ti Al2 B2 2a �a �o 02 B2 B2 x PDH'I ® site Sectorsite Tower Assets L.L.C. =7 zoning 3386 Holland Road & 3396 Holland Road i �j Property Polygons Feet 0 45 90 180 270 360 Map created by Plannina Department on 9/8/2026 SECTORSITE TOWER ASSETS L.L.C., a New Jersey limited liability company AND GREAT EASTERN RESORT CORPORATION, a Virginia corporation TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or"Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between SECTORSITE TOWER ASSETS L,L.C., a New Jersey limited liability company, being referred to herein as ("SECTORSITE"), to be indexed as grantor, and GREAT EASTERN RESORT CORPORATION, a Virginia corporation ("GREAT EASTERN"), to be indexed as grantor (SECTORSITE and GREAT EASTERN are collectively referred to herein as "GRANTOR")and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as("GRANTEE"). WITNESSETH: WHEREAS, SECTORSITE is the owner of that certain parcel of partially improved real property located in the City of Virginia Beach, Virginia, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference("SECTORSITE Propert WHEREAS, GREAT EASTERN is the owner of that certain improved parcel of real property located in the City of Virginia Beach,Virginia, adjacent to the SECTORSITE Property, as more particularly described in Exhibit A,attached hereto and incorporated herein by reference("GREAT EASTERN Property"); WHEREAS, SECTORSITE has entered into an agreement with GREAT EASTERN for the purchase of the GREAT EASTERN Property; WHEREAS, the GREAT EASTERN Property and the SECTORSITE Property are Units A and B, respectively,of that certain condominium entitled "3386 Holland Road Office Park Condominium",located at 3386 Holland Road,Virginia Beach,Virginia created by Amended and Restated Declaration of Condominium executed by DRD, LLC and Great Eastern Resort Corporation dated April 18, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as histrument Number 20080515000566450, as corrected by Instrument Number 20110930001012780(collectively, "Condominium Declaration"),and as shown on that certain plat entitled, "Supplemental Condominium Plat of 3386 Holland Road Office Park Condominium (Instrument#200408110126246),Virginia Beach, Virginia"dated GPIN Nos.: 1486-82-7007-0002& Portion of 1486-82-7007-0001 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox&Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 July 2, 2007,prepared by John E. Sirine and Associates, Ltd. and recorded as Instrument Number 20080515000566440("Supplemental Condominium Plat") and as recorded and rerecorded with the aforesaid Condominium Declaration; WHEREAS,pursuant to Section 6.5 of the Condominium Declaration, the SECTORSITE Property was conveyed certain rights of ingress and egress over the"Access Road"(as such term is defined in the Condominium Declaration) located on the GREAT EASTERN Property, which is further described and depicted on the Supplemental Condominium Plat as being comprised of the portions of the GREAT EASTERN Property labeled "VARIABLE WIDTH COMMON INGRESS /EGRESS EASEMENT(D.B. 2100, P. 790), and"VARIABLE WIDTH INGRESS/EGRESS EASEMENT ESTABLISHED FOR THE BENEFIT OF UNIT B (6,171 SQ. FT.)"; WHEREAS,GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the SECTORSITE Property and the Access Road, from 0-2 Office District to Conditional B-2 Community Business District, and has applied for conditional use permits to operate a mini-warehouse and bulk storage yard on the SECTORSITE Property to be served by the Access Road(collectively, "Pro a "); WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach,Virginia("Zoning Map")with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest,voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the 2 Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The SECTORSITE Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD,VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council"), is on file with the Virginia Beach Department of Planning & Community Development("Planning Department")and is included herein by this reference. Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a filly engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan, and it will continue to provide ingress, egress and access to the SECTORSITE Property over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0- 2 Office District. 3. All onsite signage shall meet the requirements of the City Zoning Ordinance,unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 4. All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 5. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. All references herein to the B-2 Community Business District and to the requirements and regulations applicable thereto refer to the City 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 GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council,shall continue in 3 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("Clerk's Office") 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 City Council 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. 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, GRANTOR 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 and indexed in the names of each of the GRANTOR and GRANTEE. 4 WITNESS the following signature and seal. GRANTOR: SECTORSITE TOWER ASSETS L.L.C., a New ey limited liability company By: (SEAL) Name: i Title: COIVIMONWEALTH/STATE OF IUpw JayTc- CITY/COUNTY OF .1 or(" S ,to wit: The foregoing instrument was acknowledged before me this �7 day of �e•����h , 2026 by Cxc.ti ",-wt , as of SECTORSITE TOWER ASSETS L.L.C., a New Jersey limited liability company,on behalf of said compan [SEAL] Notary ubli Zgis�tra No:Commission Ekpires: Notary Public,State of New Jersey '{ My Commission Expires Apr 20, 2026 �j [Signature Page to Proffered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: GREAT EASTERN RESORT CORPORATION, a Virginia corporation By: - (SEAL) Name: 4worea- Title: Qr.-a;A-4Aj COMMONWEALTHS ATE OF YU6 CJ-TY/COUNTY OF ' -41EMNIP, ,to wit: The to ego'n instrument was c n e be re me this day of , 20 by , as of GREAT T4EN—RESORT CORPORATION,'a Virginia corporation, on behalf of sai ompany (SEAL] AM R, LCAR0111.11E K KIMBROUGH No a Ub"cOTARY PUBLIC TRATION t 7562867R gistration No: WEALTH OF VIRGINIA MI SI 2029 EXPIRES My Commission Expires: [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Property SECTORSITE Property: (GPIN: 1486-82-7007-0002) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and all appurtenances thereunto situate, known as Unit B, containing 2.164 acres in that certain condominium entitled "3386 Holland Road Office Park Condominium", located at 3386 Holland Road, Virginia Beach, Virginia created by Amended and Restated Declaration of Condominium executed by DRD, LLC and Great Eastern Resort Corporation dated April 18, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20080515000566450, as corrected by Instrument Number 20110930001012780 (collectively, "Condominium Declaration"),and as shown on that certain plat entitled, "Supplemental Condominium Plat of 3386 Holland Road Office Park Condominium (Instrument#200408110126246), Virginia Beach, Virginia" dated July 2, 2007, prepared by John E.Sirine and Associates, Ltd. and recorded as Instrument Number 20080515000566440 ("Supplemental Condominium Plat")and as recorded and rerecorded with the aforesaid Condominium Declaration, together with an undivided interest in the common elements appertaining thereto,pursuant to the condominium instruments. GREAT EASTERN Property: (GPIN: 1486-82-7007-0001) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and all appurtenances thereunto situate, known as Unit A, containing 1.619 acres in that certain condominium entitled "3386 Holland Road Office Park Condominium", located at 3386 Holland Road, Virginia Beach, Virginia created by the Condominium Declaration, and as shown on the Supplemental Condominium Plat recorded and rerecorded with the aforesaid Condominium Declaration, together with an undivided interest in the common elements appertaining thereto, pursuant to the condominium instruments. Access Road: (A portion of GPIN: 1486-82-7007-0001) ALL THAT certain portion of Unit A, in that certain condominium entitled"3386 Holland Road Office Park Condominium", defined as "Access Road"in Section 6.5 of the Condominium Declaration, as described and depicted on the Supplemental Condominium Plat as consisting of those areas labeled "VARIABLE WIDTH COMMON INGRESS /EGRESS EASEMENT(D.B. 2100, P. 790) and "VARIABLE WIDTH INGRESS/EGRESS EASEMENT ESTABLISHED FOR THE BENEFIT OF UNIT B (6,171 SQ. FT.)". A-1 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #12, 13, 14 Sectorsite Tower Assets, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next three items will be heard together. They are Items 12, 13, and 14 and that is the Sectorsite Tower Assets, LLC. Is there a representative here today? Welcome, Attorney Murphy. Please state your name for the record. Ms. Murphy: Good afternoon, Chair, Vice Chair, members of the Planning Commission, and staff. For the record,my name is Lisa Murphy, local zoning attorney. I'm here today on behalf of the applicant, Sectorsite Tower Assets, LLC. We appreciate all of Alexis Bailey's work on this and being placed on the consent agenda, with the 2 slight modifications to the conditions that Alexis mentioned. One is with regard to the date of the concept plan for the bulk storage yard, conditional use permit, and that just lines up the conditional rezoning, conditional use permit for mini warehouse and bulk storage. So they all have the same date. And the other was just a clarification that operable vehicles can also be stored or parked at the storage bulk storage yard. Happy to answer any questions. Ms. Byler: Thank you. You may be seated. Is there anyone here in opposition to this matter? All three of these matters being placed on the consent agenda. Hearing none, I have asked Commissioner Moorjani to read it into the record. Ms. Moorjani: The applicant, Sectorsite Tower Assets, LLC, is requesting 3 items: one, a conditional rezoning from office district to conditional community business district; two, a conditional use permit for a mini warehouse; and three, a conditional use permit for a bulk storage yard in order to develop and operate a mini warehouse facility. That includes fully enclosed storage units, covered storage units for boats and RVs, and surface storage spaces. The Planning Commission recommends approval of the request with the following modifications: one,updating condition number one for the bulk storage yard to reflect a concept Plan date of August 14, 2026, and two, updating Condition number six for the bulk storage yard to allow storage of operable vehicles in addition to the boats and RVs. We have received no opposition. Therefore, we have placed it on the consent agenda. Ms. Byler: Thank you, Commissioner Moorjani. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr. Plumlee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check, and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. Commissioner Moorjani your vote. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Proffers Proffer 1 The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning& Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering,topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. Proffer Z The Access Road will remain in its current state, except for modifications made to the entrance as depicted on the Conceptual Site Plan and it will continue to provide ingress, egress and access to the SECTORSITE Property over the GREAT EASTERN Property and to serve the conditional and permitted uses on each. The portions of the GREAT EASTERN Property outside the Access Road will remain 0-2 Office District. Proffer 3 All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 4 All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 5 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council; provided, however, in the event that this proposed amendment to the Zoning Map with respect to the Property is overturned by subsequent judicial determination, this Agreement shall be null and void. Conditions for Mini-Warehouse 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated August 14, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning & Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. 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. Conditions for Bulk Storage Yard 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "GENERAL DEVELOPMENT PLAN FOR HOLLAND RD RV STORAGE, 3386 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", prepared by Civil Engineering and Construction Services dated February 25, 2026 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning& Community Development ("Planning Department"). Significant changes to the Conceptual Site Plan may be made to accommodate environmental, engineering, topographical or other development conditions or site/subdivision plan requirements as required by the law and/or regulations or in connection with a fully engineered site plan and subject to reasonable approval of the Director of the Planning Department. 2. The enclosed and covered storage shall be developed in substantial conformance with the elevations entitled "Enclosed Storage and Covered Storage", dated March 17, 2026, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The fence shall be developed in substantial conformance with the exhibit on page 14 of this Staff Report which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 4. All on-site signage for the site shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. Storage within the outdoor bulk storage yard shall be limited to boats and RVs. 7. 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. '-1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GENESIS HOLDINGS OF HAMPTON ROADS, LLC [Applicant] STARLING FARM, LLC [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located south of Dam Neck Road, directly northeast of 3024 Holland Road (GPIN 1495354380). COUNCIL DISTRICT 2 (Henley) MEETING DATE: October 6, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to develop a multi-purpose motor vehicle storage yard limited to operable, licensed vehicles, including trucks, RVs, trailers, and boats on trailers, on a 3.89-acre portion of the 31.82-acre 1-1 Light Industrial District zoned parcel. A 300-square- foot office building is also proposed to support the Bulk Storage Yard. The site is located within Special Economic Growth Area (SEGA) 3 — South Oceana, the greater than 75 dB DNL noise contour and Accident Potential Zone 2 (APZ-2) of the AICUZ and is encumbered by a Navy Restrictive Easement. In accordance with Section 228 of the Zoning Ordinance, the Bulk Storage Yard is required to provide Category VI screening, consisting of a six-foot-tall solid fence with Category I plantings. The proposed Bulk Storage Yard will be fully enclosed with an 8-foot-tall solid earth-toned wood privacy fence with Category I plantings, as depicted on the conceptual Landscape Plan, thereby meeting this requirement. A portion of the property is located within the AE Flood Zone, with a Base Flood Elevation (BFE) of 6.2 feet NAVD 88. As part of the Southern Rivers Watershed, the area is also subject to special floodplain restrictions that limit fill and require mitigation for permitted fill. Based on the applicant's proposed plan, the development avoids impacts to the Special Flood Hazard Area and Floodplain Subject to Special Restrictions. A portion of the proposed development appears to impact non-tidal wetlands. Therefore, a Joint Permit Application must be submitted to the U.S. Army Corps of Engineers, and approval from both the U.S. Army Corps of Engineers and Virginia Department of Environmental Quality will be required prior to any wetland impacts. As the City does not regulate non-tidal wetlands, Wetlands Board review and approval is not required. Parking surfaces are required to be constructed of concrete, asphalt, or other suitable material approved by the Planning Director per Section 203(b)(5) of the Genesis Holdings of Hampton Roads, LLC Page 2 of 3 Zoning Ordinance. The applicant is requesting to use gravel as a parking surface for the Bulk Storage Yard, which was deemed appropriate by the Planning Director. The parking surface for the parking lot to serve the office use will be constructed of asphalt. The applicant proposes five parking spaces, meeting and exceeding the parking requirement. ■ Considerations: The proposed use is also compatible with the recommendations of the Comprehensive Plan and the surrounding area, which is characterized by industrial and commercial development. While the Comprehensive Plan recommends more large-scale industrial, logistical, and warehouse uses with the SEGA-3, the proposed Bulk Storage Yard is considered an industrial use and could be redeveloped with relative ease in the future for industrial and logistical uses to meet future market demand. Staff also notes that the environmental characteristics of the site, including the existing AE flood zones, Floodplain Subject to Special Restrictions, and non-tidal wetlands, constrain a more large-scale development of the site. Roadway improvements are required for the proposed development. The existing stub street, originally reserved for a future public roadway connection, must be removed and replaced with a commercial entrance that complies with applicable City of Virginia Beach Public Works Design Standards. Improvements must extend from the edge of pavement along Dam Neck Road to the existing right-of-way line. Additionally, the existing pavement widening along Dam Neck Road must be restriped and designated as an eastbound right-turn lane to maintain safe and efficient traffic operations. These improvements are shown on the conceptual site 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 September 9, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The site shall be developed in substantial conformance to the concept plan entitled "Preliminary Layout for Affordable Towing Storage Yard", dated July 1, 2026, prepared by CECS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. Genesis Holdings of Hampton Roads, LLC Page 3 of 3 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. The storage on the site shall be limited to operable, licensed vehicles including trucks, RVs, trailers, and boats. 5. Edge treatment shall be installed along the perimeter of all gravel areas to prevent gravel from migrating onto adjacent paved surfaces, internal drive aisles, or travel lanes. The edge treatment shall be shown on the final site plan and maintained for the duration of the use. 6. Prior to the issuance of any land disturbance permit, the applicant shall obtain all required permits and approvals associated with impacts to non-tidal wetlands, including approval of a Joint Permit Application by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality (DEQ). 7. 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: ///)V Agenda Applicant: Genesis Holdings of Hampton Road, LLC Property Owner: Planning Commission ' • September • 2026 CouncilCity Project Details Request Conditional Use Permit (Bulk Storage Yard) Staff RecommendationKMtiaa` Approval " ° Staff Planner Marchelle Coleman V- x Location r {T t Parcel south of Dam Neck Road, directly northeast - of 3024 Holland Road t `` GPIN - o u o - 1495354380 ss°" Site Size 31.82 acres �, stz�r�r "�° zu � AICUZ Greater than 75 dB DNL; APZ-2 Watershed Southern Rivers '� 'CIECIC p- Existing Land Use and Zoning District Wooded lot/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts :. North Dam Neck Road 4` Wooded lot/ 1-1 Light Industrial South Industrial Office/ 1-1 Light Industrial/AG-1 Agricultural _ East Wooded lot/AG-1 Agricultural West Wooded lot/ R-7.5 Residential Genesis Holdings of Hampton Roads,iLLC Agenda Item 15 page 1 of 15 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Bulk Storage Yard to develop a multi-purpose motor vehicle storage yard limited to operable, licensed vehicles, including trucks, RVs, trailers, and boats on trailers, on a 3.89-acre portion of the 31.82-acre 1-1 Light Industrial District zoned parcel. A small, 300- square-foot office building is also proposed to support the Bulk Storage Yard. • The site is located within Special Economic Growth Area (SEGA) 3 —South Oceana, the greater than 75 dB DNL noise contour and Accident Potential Zone 2 (APZ-2) of the AICUZ, and is encumbered by a Navy Restrictive Easement. The proposed use of a bulk storage yard is considered a compatible use within both the noise and accident potential zone. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening, which consists of a minimum 6-foot-tall solid fence with Category I plantings. The proposed Bulk Storage Yard will be fully enclosed with an 8-foot-tall solid earth-toned wood privacy fence with Category I plantings, as depicted on the conceptual Landscape Plan, thereby meeting this requirement. The conceptual Landscape Plan appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during the final site plan review. • A portion of the property is located within the AE Flood Zone, which has a Base Flood Elevation (BFE) of 6.2 feet NAVD 88. Additionally, because the property is located within the Southern Rivers Watershed, the Special Flood Hazard Area (SFHA) is classified as a Floodplain Subject to Special Restrictions. This designation limits the amount of fill permitted within the SFHA and requires mitigation for any fill placed within the floodplain. Based on the proposed plan submitted by the applicant, the development avoids impacts to both the SFHA and the Floodplain Subject to Special Restrictions. • Additionally, a portion of the proposed development appears to impact an area of non-tidal wetlands based on the wetlands information submitted by the applicant. As a result, a Joint Permit Application must be submitted to the U.S. Army Corps of Engineers. Although the City of Virginia Beach does not regulate the development of non-tidal wetlands, approval from both the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality will be required before any impacts to these wetlands can occur. • Parking surfaces are required to be constructed of concrete, asphalt, or other suitable material approved by the Planning Director per Section 203(b)(5) of the Zoning Ordinance. The applicant is requesting to use gravel as a parking surface for the Bulk Storage Yard. The parking surface for the parking lot to serve the office use will be constructed of asphalt. A condition is recommended requiring edge treatment along the perimeter of all gravel areas to prevent gravel from migrating onto adjacent paved surfaces, internal drive aisles, or travel lanes. • Per Section 203(a)(24) of the Zoning Ordinance, offices require one space per three hundred thirty (330) square feet of floor area. The proposed 300-square-foot office requires one parking space and the applicant is proposing five parking spaces thereby meeting and exceeding the parking requirement. Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 2 of 15 Zoning History # Request REZ (R-7.5 to 1 -1) Approved 07/08/2025 CUP (Battery Energy Storage System) Approved 1 07/08/2025 STC Approved 07/08/2025 o� o,a ,NECKRD CRZ (AG-1 to Conditional 1 -1) Approved ti rho 2 08/25/2020 � SVR Approved 08/25/2020 11 MDC Approved 12/05/2017 x R7.5 11 CUP (Bulk Storage Yard) Approved 12/05/2017 CUP (Automobile Repair Garage) Approved 9 05/16/2017 r , CUP (Motor Vehicle Sales & Rentals) Approved 11 AG1 3 07/05/2016 3 �$ - CRZ (AG-2 to Conditional B-2) Approved - 02/22/2005 Application Types CUP (Automobile Repair Establishment) Approved 02/22/2005 CUP: MDC: Modification of Conditional Conditions CRZ (AG-2 to Conditional 1 -1) Approved 04/04/2017 Use Permit MDP: Modification of Proffers REZ: NON: Nonconforming Use 4 CUP (Bulk Storage Yard &Automobile Repair Rezoning STC:Street Closure Garage) Approved 04/04/2017 CRZ: FVR: Floodplain Variance MDC (Religious Use) Approved 10/14/2003 Conditional ALT.'Alternative Compliance CUP (Religious Use) Approved 10/29/2002 Rezoning SVR:Subdivision Variance MDC Approved 12/08/2015 LUP: Land Use Plan CRZ (AG-2 to Conditional B-2) Approved STR:Short Term Rental 5 10/08/2013 CUP (Auto Repair Garage & Bulk Storage Yard) Approved 10/08/2013 CRZ (AG-2, 0-2, and Conditional 1-1 to 6 Conditional 1-1) Approved 02/26/2013 CUP (Bulk Storage Yard) Approved 02/26/2013 REZ (0-2 to 1-1) Approved 02/14/1995 MDP Approved 10/09/2012 CRZ (AG-1 and AG-2 to Conditional 1-1) Approved 7 01/12/1999 CUP (Builders Contractor Yard) Approved 01/12/1999 8 CUP (Animal Shelter) Approved 05/28/2002 9 CUP (Communication Tower) Approved 04/09/2002 Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 3 of 15 # Request r CRZ (AG-2to Conditional B-2) Approved 2 f 07/03/2001 10 i 0�y2O aAp�t1ECK RD CUP (Automobile Service Station and Car Wash) Approved 07/03/2001 CUP Communication Tower) Approved roved ( 11 09/09/1998 R7.5 its REZ (AG-1 to 1-1) Approved 12/05/1983y 0 CUP (Bulk Storage Yard) Approved 012/05/1983 9 REZ (R-6 to 1-1) Approved 06/25/1984 W 12 SVR Approved 10/11/1977 REZ (AG-1 to R-6) Approved 12/16/1974 3 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 Bulk Storage Yard is, in Staff's opinion, acceptable. The limited development area allows the majority of the site to remain unchanged while providing an additional industrial use that is consistent with the property's existing zoning designation. The property is located within the greater than 75 dB DNL noise contour and the APZ-2 of the AICUZ and is encumbered by a Navy Restrictive Easement. As stated previously, a Bulk Storage Yard is considered a compatible land use within both the noise and accident potential zones, making the proposal appropriate for this location. The proposed use is also compatible with the recommendations of the Comprehensive Plan and the surrounding area, which is characterized by industrial and commercial development. While the Comprehensive Plan recommends more large-scale industrial, logistical, and warehouse uses with the SEGA-3, the proposed Bulk Storage Yard is considered an industrial use and could be redeveloped with relative ease in the future for industrial and logistical uses to meet future market demand. Staff also notes that the environmental characteristics of the site, including the existing AE flood zones, Floodplain Subject to Special Restrictions, and non-tidal wetlands, constrain a more large-scale development of the site. The proposed development also appears to comply with the applicable requirements of the Zoning Ordinance. The bulk storage yard will be enclosed with an 8-foot-tall solid wood privacy fence and associated landscaping that meets the required Category VI screening standards, and the proposed parking exceeds the minimum parking requirements for the associated office use. While portions of the property are affected by floodplain and non-tidal wetland constraints, the submitted plans indicate that the development largely avoids impacts to Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 4 of 15 the Special Flood Hazard Area. The project proposes to disturb 3.78 acres, with the remaining 28.04 acres remaining as-is, resulting in just under 12 percent of the site being impacted by the Bulk Storage Yard. Any impacts to non-tidal wetlands will require approval from the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality before development can proceed. Traffic Engineering has reviewed this application and identified several transportation-related improvements that must be addressed as part of the development. The existing stub street at the proposed access point was originally designed and reserved for a future public roadway connection. Because the proposed development will instead occupy this area with a private use, the existing stub street must be removed and replaced with a commercial entrance that complies with all applicable City of Virginia Beach Public Works Design Standards. These improvements must extend from the edge of pavement along Dam Neck Road to the existing right-of- way line. Additionally,Traffic Engineering determined that the existing pavement widening along Dam Neck Road, which was previously constructed to accommodate an eastbound right-turn lane, must be restriped and designated as a right-turn lane to ensure the roadway functions as originally intended and continues to provide safe and efficient traffic operations. These improvements have been noted on the conceptual site plan. Based on the proposed use, the site's industrial zoning, compatibility with AICUZ recommendations, compliance with applicable development standards, and the limited portion of the property proposed for development, Staff is supportive of the request subject to the conditions listed below. Recommended Conditions 1. The site shall be developed in substantial conformance to the concept plan entitled "Preliminary Layout for Affordable Towing Storage Yard", dated July 1, 2026, prepared by CECS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. The storage on the site shall be limited to operable, licensed vehicles including trucks, RVs, trailers, and boats. 5. Edge treatment shall be installed along the perimeter of all gravel areas to prevent gravel from migrating onto adjacent paved surfaces, internal drive aisles, or travel lanes. The edge treatment shall be shown on the final site plan and maintained for the duration of the use. 6. Prior to the issuance of any land disturbance permit, the applicant shall obtain all required permits and approvals associated with impacts to non-tidal wetlands, including approval of a Joint Permit Application by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality (DEQ). 7. 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 Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 5 of 15 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 Under the imagineVB 2040 Comprehensive Plan, the property is located within SEGA 3 —South Oceana, designated as an Industrial and Logistics Special Use Place Type, and is situated along the Dam Neck Road Freight Corridor. The Comprehensive Plan supports industrial and logistics uses in this area while emphasizing environmental protection, appropriate buffering, landscaping, access management, and compliance with the City's AICUZ and Oceana Land Use Conformity requirements. The Comprehensive Plan emphasizes minimizing the environmental impacts of development through low- impact development practices, preservation of natural systems, reduction of impervious surfaces, and incorporation of green infrastructure (p. 46, imagineVB 2040 Comprehensive Plan). It also places an emphasis on protecting and enhancing connected tree canopies, maintaining the Urban Forest Management Plan, and replacing trees removed as part of development (p. 50, imagineVB 2040 Comprehensive Plan). These policies are particularly relevant given the site's location within the Southern Rivers Watershed, which is identified as an environmentally sensitive area containing protected lands, diverse plant and animal species, and both tidal and non-tidal wetlands (p. 50). Additionally, the western portion of SEGA 3 is identified as having environmental and operational constraints, including AICUZ high-noise zones, Accident Potential Zones, particularly south of Dam Neck Road, and floodplain challenges. Accordingly, all proposed land uses are expected to comply with the City's AICUZ provisions and the Oceana Land Use.Conformity Program (p. 91, imagineVB 2040 Comprehensive Plan). The Plan also identifies Dam Neck Road as part of the City's Access Controlled Roadway Network and recommends prohibiting direct private access unless no other reasonable access is available (p. 91, imagineVB 2040 Comprehensive Plan). The Industrial and Logistics Place Type is intended to provide a well-landscaped and buffered setting for large- scale industrial, logistics, and warehousing uses, with safe and convenient truck access to the City and the greater Hampton Roads region (p. 167, imagineVB 2040 Comprehensive Plan). Consistent with this vision, the Comprehensive Plan recommends that potential environmental, lighting, sound, parking, and traffic impacts be evaluated prior to discretionary approvals (p. 167, imagineVB 2040 Comprehensive Plan). It further recommends consolidating site entrances and exits to the greatest extent possible and locating them away Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 6 of 15 from street intersections, providing substantial buffers between industrial and logistics uses and adjacent non- industrial development, preserving upland and wetland tree stands where feasible, and incorporating native landscaping to enhance site aesthetics and biodiversity (pp. 168-169, imagineVB 2040 Comprehensive Plan). The Urban Forest Management Plan reinforces these objectives by calling for the preservation and protection of Virginia Beach's existing urban forest infrastructure (p. 4, Urban Forest Management Plan). The Plan recognizes that urban forests include not only traditional parks and street trees, but also landscaped areas, greenways, wetlands, nature preserves, river corridors, and working trees associated with former industrial sites (p. 5, Urban Forest Management Plan). It further recommends continued implementation of the City's tree loss mitigation policies and encourages development practices that minimize canopy loss, including prioritizing the removal of smaller, less mature trees when tree removal is necessary so that replacement plantings can more effectively offset canopy loss (pp. 22, 27 Urban Forest Management Plan). ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. Portions of the property are within the Special Flood Hazard Area Zone AE, with a Base Flood Elevation (BFE) of 6.28 feet NAVD88, as shown on the Flood Insurance Rate Map. Additionally, portions of the site are impacted by non-tidal wetlands, which are regulated by the US Army Corps of Engineers (USACE) and Virginia Department of Environmental Quality (VDEQ). There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-0 ADT Dam Neck Road 37,100 ADT' 36,900 ADT 1(LOS 4 "D") Proposed Land Use 3- No Data Available 'Average Daily Trips 2As defined by a 3As defined by bulk 4LOS = Level of vacant parcel storage yard Service Master Transportation Plan (MTP)and Capital Improvement Program(CIP) Dam Neck Road, in the vicinity of this site, is an access-controlled four-lane major arterial suburban roadway. Dam Neck Road has an approximate right-of-way width of 80 feet, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no CIPs scheduled for this segment of Dam Neck Road. Active Transportation Plan(ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 7 of 15 Public Utility Impacts Water There is a 20-inch city water transmission main along Dam Neck Road. Sewer City sanitary sewer is not available to the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage at virginiabeach.gov/pc on September 3, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 8 of 15 5 u 1 1. 1 IS • LEGEND PRELIMINARY LAYOUT o FOR AFFORDABLE TOWING STORAGE YARD �N e GPIN :1495-35-4380 DAM NECK ROAD ' AC$M MAP rALE,r-MWOWNER � ,���y,it� s-•',�re,..-.0 -- `..' _..�`_ :raw.Diu.�w ai.siarn �E�S;p���� r, ns' ;, oavFi nnaa- PPS 6 \ a E f i, / N.4 ce2 r ` NDCNIIIG(0 3E{ T'Of NRGwu 6FAC '["`; tPl(.xwKK S.erta4 1UIInnWY MfMflfN .Hl RESiM�'EO AS a t 51�NLI.FD[dNERCN � l m FA[Fuxv+fwT w.�rN.sr 1 ul; • oxwcm t aam J r%' fwW SC&tlt SY tF WMfM N.1 StRL� c um""wn ra.n.�s:N�i ut nr� � i/ � �. oa wsm se•o�snw•i.na ��' � � `�• i l ,/�' >. v��rt xu i�„s s tics nusi(M m arc •� � � i ., n mm�o Mo.,�a.e®zr txn nc) pa5' iW nK � wonaie n�u- JfMimtxl mta a mrczsk k uo K fnzv q a y,ow a 1 '1F±W�.M&/MNC[MiC WP('�M NI IIE M S (7.2 ERiCD.C � /j t � t � f. 'M5 91E{i9 YTeI NYWN'(wCCIEN ICNPN.IPIf � t xmu � / � ! t/K 11 nt0/pl M O.FM[OE Me/M NC Y SdQ3) i '� IDn tax xo unr ee seEm m uacNnn _-.1. • 119�IIf MU/YW MOTE/nFM2 NOS:lElt�S Li,0 _ T � - f , mi llppwtt rc rvai mru�ax nox tox K[,rt Wort ,,, � tF,.-..�._,;,— ..a' (, ' ■MIO N np4ppM�f Yai T#wAl II Lu .:r ,ti uetwc¢sa.�wr arrTs v� Na mt.xM xN� i 3 D e v s�rw�et CL a : o 3 U-n L n (r) Proposed Conceptual Site Layout - ", -. 5-3 a OHVAJVHU16 ONIMUl.3'IBVG7HU�HV uA � " A, , a i Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 10 of 15 Site Photos 41 2'�X,, {ice,. i.` t •. {� �. ;� , - A S > tiro 1 x e i 1 > y p Disclosure DisclosureI CITY OF V-B� 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Genesis Holding Company of Hampton Roads, LLC,a Virginia limited liability company Is Applicant also the Owner of the subject property? Yeso NoI�) If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No® if yes,name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(�)No® If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary i or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Members: Mark Sawyers and Stacie Sawyers Does the subject property have a proposed or pending purchaser? Yes * No if yes,name proposed or pending purchaser: the Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No(i) if yes, name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 12 of 15 Disclosure SECTION • • • e• SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Q Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Robert Sawyer;CECS Legal Services Q 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Mark Sawyers 1gWk&gemj 07/01/2026 "1 Mark Sawyers(Jul 1,72026 13 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 4 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 4 2.2-3101. FOR CITY USE ONLY: No changes as of(date); 9/24/2026 Marchelle L Coleman Co�n 9/24/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 13of15 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Starling Farm, L.L.C., a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes[j]NcF] 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.) enjamin Cohen, Manager, Benjamin Cohen GeneralInvestors ea Associates,a r nvited partnership("GIRA), Members Does the subject property have a proposed or pending purchaser? YesQ Noo If yes,name proposed or pending purchaser: the Applicant KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes❑ No • 1 yes,name the o icial or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage,deeds of trust, ❑ cross-collateralization,etc.) Real Estate Broker/Agent/Realtor ❑ John Katsias, The Katsias Company Nicole Kint,Wall Einhom&Chernitzer Accounting/Tax Return Preparation Architect/Designer/Landscape El FE Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent ❑ 0 Legal Services ❑ Alan M. Frieden,Sands Anderson, PC PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete,true,and accurate. 1 understand that upon receipt of notification that the application has been scheduled for public hearing,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. Andrew H. Cohen 624. -?v co-l- 7/29/2026 Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 14 of 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Genesis Holdings of Hampton Roads, LLC Agenda Item 15 page 15 of 15 J)NO 0 sk K tj C114 .. ..... .... .. R7.5 AG2 AG1 02 01, Site Genesis Holdings of Hampton Roads, LLC Zoning Parcel south of Dam Neck Road Property Polygons and directly northeast of 3024 Holland Road Feet 0 112.5 225 450 675 900 Mat) created by Plannina Department on 9/8/2026 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #15 Genesis Holdings of Hampton Roads, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: The next item on the consent agenda is Item 15,Genesis Holdings of Hampton Roads, LLC. Is there a representative here? Welcome back. Mr. Bourdon: Thank you again, Madam Vice Chair, Chairman Coston, honorable Commission Members. For the record, Eddie Bourdon, Virginia Beach Attorney, representing Genesis Holdings of Hampton Roads, LLC. 7 conditions set forth in the staff report are acceptable for my client, and appreciate Marchelle's work on an easy one for a change. Thank you. Ms. Byler: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none,I have asked Commissioner Cromwell to read it into the record. Mr. Cromwell: This application is for conditional use permit for a bulk storage yard on a parcel south of Dam Neck Road, directly northeast of 3024 Holland Road. The applicant is seeking a Conditional use permit for bulk storage yard to develop a multi-purpose motor vehicle storage yard limited to operable licensed vehicles, including trucks, RVs, trailers, and boats, on trailers and boats on trailers, on a 3.89-acre portion of the 31.84-acre site, zoned I-1 Light Industrial district. A small 300 square foot office building is also proposed to support the bulk storage yard. Hearing no opposition,we recommended this for the consent agenda. Ms. Byler: Thank you, Commissioner Cromwell. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr. Plumlee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check, and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The site shall be developed in substantial conformance to the concept plan entitled "Preliminary Layout for Affordable Towing Storage Yard", dated July 1, 2026, prepared by CECS, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. The storage on the site shall be limited to operable, licensed vehicles including trucks, RVs, trailers, and boats. 5. Edge treatment shall be installed along the perimeter of all gravel areas to prevent gravel from migrating onto adjacent paved surfaces, internal drive aisles, or travel lanes. The edge treatment shall be shown on the final site plan and maintained for the duration of the use. 6. Prior to the issuance of any land disturbance permit,the applicant shall obtain all required permits and approvals associated with impacts to non-tidal wetlands, including approval of a Joint Permit Application by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality (DEQ). 7. 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: SOUTHSIDE BARBELL LLC [Applicant] BAPA PROPERTIES LLC SERIES 5512 VIRGINIA BEACH BOULEVARD [Property Owner] Conditional Use Permit (Indoor Recreation Facility) for the property located at 5512 Virginia Beach Boulevard (GPIN 1467480402). COUNCIL DISTRICT 4 (Ross- Hammond) MEETING DATE: October 6, 2026 ■ Background: The applicant is seeking a Conditional Use Permit for an Indoor Recreational Facility greater than 7,500 square feet on the B-2 Community Business District zoned parcel. A zoning complaint in July 2025 led to staff's investigation of the site, and the business was notified they were operating without the required Conditional Use Permit. The applicant is attempting to come into compliance with the submittal of this application. The gym facility currently operates 24/7, with staff on site from 9:00 a.m. to 8:00 p.m., Monday through Thursday, and 9:00 a.m. to 3:00 p.m. on Saturdays and Sundays. Outside of staffed business hours, customers can access the space using an entry code. No exterior changes to the building are proposed. The applicant currently has some gym equipment that is utilized and stored outdoors, which the Zoning Administrator has deemed an accessory use to the Indoor Recreational Facility. Per Section 203 of the Zoning Ordinance, Indoor Commercial Recreation Facilities and Medical Offices would require 92 parking spaces for the overall site, 48 to support the Indoor Recreational Facility, and 44 to support the medical office. There are 68 existing parking spaces on site, which is 24 spaces less than required. A parking study conducted by a certified engineer was submitted to request that the overall parking requirement be reduced to 68 spaces to support both uses. The parking study was reviewed and approved by the Zoning Administrator. ■ Considerations: The request appears consistent with the surrounding commercial context and is consistent with the Comprehensive Plan's land use policies for the Special Use Business Place Type and with the commercial nature of the surrounding properties. The proposed use is generally appropriate for the area and is not expected to produce any adverse traffic impacts Southside Barbell, LLC Page 2 of 3 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. The applicant submitted a petition of support with 25 signatures and one letter of support from the adjacent medical center on site. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 2. All outdoor lighting 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. 3. Any equipment used and stored outdoors shall not obstruct designated parking spaces and shall be stored in a designated area, as highlighted on the conceptual site plan entitled "Site Plan for Southside Barbell, 03/23/2026", dated 3 March 2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and 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 Location Map Minutes of Planning Commission Hearing Parking Reduction Approval Letter Petition of Support (25 signatures) Letter of Support (1) Southside Barbell, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item • Applicant: Southside Barbell LLC Property Owner: BAPA Properties Beach Boulevard V_B� CouncilPlanning Commission Public Hearing: September 9, 2026 City Project Details J « � « c ! Request Conditional Use Permit Indoor Recreational �� -�..�.y_ ,y, Facility) r F Staff Recommendation 1� j Approval _4 Staff Planner4U, Kristin Bauerw"' M i Location �1,rVA 5512 Virginia Beach Boulevard ,11� , R_ GPIN 1 t °�, ,►� _�j t LL 1467480402 r 1 ; J_ J_ : � Site Size 63,211 square feet AICUZ � R Less than 65 dB DNL Watershed Chesapeake Bay \ 4 4 4t 4 R Existing Land Use and Zoning District f4 ?• � Medical office, gym facility/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Retail / B-2 Community Business South Virginia Beach Boulevard Retail / B-2 Community Business East Retail / B-2 Community Business Davis Street West Retail / B-2 Community Business Southside Barbell LLC Agenda Item 16 page 1 of 19 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to continue to operate an Indoor Recreational Facility in a 9,482-square-foot space. The property is zoned B-2 Community Business District and also features an 11,850-square-foot medical office. • The applicant received a zoning violation in July 2025 for the operation of an Indoor Recreational Facility without a Conditional Use Permit. The applicant is requesting approval to continue operating and to come into compliance with the Ordinance. • The applicant currently operates a 24/7 gym facility. The facility is staffed from 9:00 a.m. to 8:00 p.m., Monday through Thursday, and 9:00 a.m. to 3:00 p.m. on Saturdays and Sundays. Outside of normal business hours, customers can access the space using an entry code. • All five business partners are currently the only staff working at the facility. • 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, but has been removed for the duration of this process. • The applicant currently has some gym equipment that is utilized and stored outdoors, which the Zoning Administrator has deemed an accessory use to the Indoor Recreational Facility. • Per Section 203 of the Zoning Ordinance, Indoor Commercial Recreation Facilities require one space per two hundred (200) square feet of floor area, and Medical Offices require one space per two hundred seventy (270) square feet of floor area. This equates to a total of 92 required parking spaces for the overall site, 48 to support the Indoor Recreational Facility, and 44 to support the medical office. There are 68 existing parking spaces on site, which is 24 spaces less than required. • A parking study conducted by a certified engineer was submitted to request that the parking requirement for the overall site be reduced to a total of 68 parking spaces from the required 92 spaces. The parking study was reviewed and approved by the Zoning Administrator. Southside Barbell LLC Agenda Item 16 page 2 of 19 Zoning • Map Key No. Request CUP(Car Wash Facility & Automobile Service Station) Approved 03/09/2023 B2 e CUP(Gasoline Sales & Convenience 1 Store)Approved 02/26/2008 3 y CUP (Motor Vehicle Rentals) Approved 11/14/2004 CUP(Religious Use) Approved e2 07/03/2001 f CUP (Religious Use)Approved 2 05/09/2000 e��eFq� �'"fq CUP (Automobile Sales and Storage) H "` Approved 04/10/1996 3 CUP (Rehabilitation Center/Sanitorium) Approved 84/28/1991 4 CUP(Motor Vehicle Sales) Approved 04/26/1994 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 Southside Barbell LLC Agenda Item 16 page 3 of 19 Evaluation • • • In Staffs opinion, the request for a Conditional Use Permit for an Indoor Recreational Facility is consistent with the Comprehensive Plan's land use policies for the Special Use Business Place Type and with the commercial nature of the surrounding properties. Section 203(b)(11) of the Zoning Ordinance allows the Zoning Administrator to reduce the parking requirement upon the submittal of a parking study that demonstrates that a minimum number of patrons arrive by public transportation or bicycle. In those instances, the Zoning Administrator shall determine the final parking ratio or reduction in the minimum required parking. Since the existing on-site parking does not meet the minimum requirements of Section 203(a)(8) & (20.1) of the Ordinance, the applicant hired a consultant to prepare a parking study based on the following considerations: hourly gym attendance; alternate transportation, including pedestrian routes and public transportation stops near the site; average number of available parking spaces by hour. Based on staff's review and consideration, the parking demand for both uses does not appear to overwhelm the lot. The applicant also provided a letter of support from the medical center located on-site, which noted there have been no parking issues and spoke positively about sharing the lot with the applicant. The proposed use is generally appropriate for the area and is not expected to produce any adverse traffic impacts. The applicant submitted a petition of support with 25 signatures and one letter of support from the medical office on the site. Based on the parking considerations above and overall support of the use from the community, Staff recommends approval of the request, as presented, subject to the conditions contained within this staff report. Southside Barbell LLC Agenda Item 16 page 4 of 19 Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 2. All outdoor lighting 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. 3. Any equipment used and stored outdoors shall not obstruct designated parking spaces and shall be stored in a designated area, as highlighted on the conceptual site plan entitled "Site Plan for Southside Barbell, 03/23/2026", dated 3 March 2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and 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. Southside Barbell LLC Agenda Item 16 page 5 of 19 Comprehensive Plan Information This property is located within the Business Place Type of the city, as designated by the imagineVB 2040 Comprehensive Plan. Business Place Type is "expected to provide services for the surrounding local communities and accommodate a considerable number of daily trips." (p. 170, imagineVB 2040 Comprehensive Plan) The property falls within a "small scale" site (p. 36, Commercial Area Pattern Book) and is within an Inland Character Area (p. 32, CAPB) for design guidelines regarding property development, but neither the applicant nor the property owner intends to fully redevelop the lot. Given that the facility occupies an existing building and no exterior modifications are proposed,the request does not raise significant Comprehensive Planning concerns. 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 Minimal, if any, traffic impact is Virginia Beach 35,000 ADTI 74,000 ADT 1(LOS 2 expected since the proposed use Boulevard "D") and similar uses are accounted for in existing traffic generation. 1 Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Virginia Beach Boulevard in the vicinity of this site is an eight-lane major urban arterial with a 140-foot right-of- way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are currently no CIP projects scheduled for Virginia Beach Blvd in the vicinity of this site. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Southside Barbell LLC Agenda Item 16 page 6 of 19 Public Utility Impacts Water&Sewer The site currently connects to city water & sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding business owners & residents, and no objections were raised. For items of support, staff has received one letter and a petition with 25 signatures • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage at virginiabeach.gov/pc on September 4, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. Southside Barbell LLC Agenda Item 16 page 7 of 19 LayoutExisting Site Premises: -- i Premises 9,510SQFT v �� `c- }♦ t i x .tM►[W L ' INC �.. .... �... �` .a T.. ....,, ..,......�.. ..r..�....,.A.,., Southside Barbell LLC Agenda Item 16 page 8 of 19 6110 6 @Sed 9T W@11 ePU@SV D11 llaqjeg ap!sqlnoS r. 13 7z diet 1fi 9 1 1, ?F pitJk' 6 Rid, 4, i 11 rQ IN., gN HI'S E 0 >8 - `� � � `-�� g � �� � ' o �a Nye ioolj Isl Ueld JOOIJ juaiin:) Current • • • • 00 i � 1 f Z o a i. w 0- { — W Southside Barbell LLC Agenda Item 16 page 10 of 19 Site Plan OUTDOOR EQUIPMENT �. AREA , r w x � � t 's SITE PLAN FOR SOUTHSIDE BARBELL,03/23/2026 Southside Barbell LLC Agenda Item 16 page 11 of 19 Site Photos r " Ci9l�7k` Southside Barbell LLC Agenda Item 16 page 12 of 19 Site Photos b N F w ,r T Site Photos OOS A,h - iN�ar e. __.�.� ., •- a -,. :'t}, . PhotosSite - -_ r JGnCare5513-5 -� al i ... s Southside Barbell LLC Agenda Item 16 page 15 of 19 Disclosure CITY OF . VIRGINIA Disclosure BEACH Statement The disclosures contained In this form are necessary to inform public officials who may vote on the _ application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT APPLICANT INFORMATION Applicant Name: as listed on application SO,�'C,Cke -17-rC6eI( (( r' Is Applicant also the Owner of the subject property? Yes®NoO If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3) Does Applicant have a Representative?Yes&No© If yes,name Representative: L y. r, Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(2(Noo If yes, list the names of all officers, directors,members,or trustees below AND businesses that have a parent_subsidiary I or off 4ioted business entity 2 relationship with the applicant. (Attach list if necessary.) I j Does the subject property have a proposed or pending 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 ubject land or any proposed development contingent on the subject public action? Yes Q Nor 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-col late raIization,etc.) t;J Real Estate Broker/Agent/Realtor nkrInoorp Ctatpmpnt I rp4 MAv-7n7a nave 1 of A Southside Barbell LLC Agenda Item 16 page 16 of 19 Disclosure SECTIONAPPLICANT" DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entice and,/or individual Accounting/Tax Return Preparation © 0' Architect/Designer/landscap-e — V Architect/Land Planner © Construction Contractor O 0 (Engineer/Surveyor/Agent V Legal Services APPLICANT CERTIFICATION MEAD:I certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Signature Date 1 "Parent-subsidiory relationship'"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 1'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 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): 09/24/2026 Kristin Bauer K� �j � 09/24/2026 Staff Name(Print) Staff Signature Date nicrinvva Statamant ( ray M a v-?n?d naaa ? of q Southside Barbell LLC Agenda Item 16 page 17 of 19 Disclosure PROPERTY • . s • OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on opplicotion BAPA Properties LLC Series 5512 Virginia Beach Boulevard is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoo If ves,list the nomes of all officers,directors,members, or trustees belowAND husinesses that have a parent-subsidia; 'or a-diated business entity 2 relationship with the u;;licunt. (Attach list if necessorv.) large_ _ _ 'A _ Does the subject property have a proposed or pending purchaser? Yes© NoQ If ves,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yes Q No If 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 entfty and/or indhrldud Financing(mortgage,deeds of trust, Q cross-coliate.-alization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation Q Architect/De sign er/1-andscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services 0 PROPERTY OWNER CERTIFICATION READ;I certify that oil information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, t am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands eonrd or any public body or committee in connection with this opplication. Property Owner Name(print) Property Owner Signature Oate Disclosure Statement I rev May-2014 page 3 of 3 Southside Barbell LLC Agenda Item 16 page 18 of 19 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Southside Barbell LLC Agenda Item 16 page 19 of 19 l \ / 2 y q cy B204 A D A I SIR Q� GI yr eFq AO' B�Lb 0 Site Southside Barbell, LLC Zoning 5512 Virginia Beach Boulevard �� �11 n Property Polygons S Feet 0 45 90 180 270 360 Mao created by Planning Deoartment on 9/8/2026 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #16 Southside Barbell, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Byler: The next item is number 16. Southside Barbell, LLC. Is there a representative here today? Welcome. Please state your name for the record. Mr. Dickhut: Good afternoon, ladies and gentlemen. Kevin Dickhut. I'm the applicant and representative. Ms.Byler: Thank you, sir. Have you reviewed the conditions, and are they acceptable to you? Mr. Dickhut: Yes, I have, and yes,they are. Ms. Byler: Okay. Thank you. Please be seated. Is there any opposition to this matter being placed on the consent agenda? Hearing none. I've asked Commissioner Mauch to read it into the record. Mr. Mauch: The applicant, Southside Barbell LLC, is requesting a conditional use permit to continue to operate an indoor recreational facility in a 9,482 square foot space. The property is zoned B2 Community Business District. A parking study has been conducted by a certified engineer, and it was submitted to request that the parking requirement for the overall site be reduced to a total of 68 parking spaces from the required 92 parking spaces. The request for a conditional use permit for an indoor recreational facility is consistent with comprehensive plans, land use policies for special use, business place types, and with the commercial nature of the surrounding properties. Hearing no opposition, and in fact having quite a few letters of support, staff, as well as the Planning Commission,have chosen to put this on the consent agenda. Ms. Byler: Thank you, Commissioner Mauch. (The following dialogue reflects the discussion to approve the minutes as apart of the consent agenda in its entirety, which may not have directly followed the above discussion in this document) Ms. Byler: Chair Coston, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr. Plumlee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check, and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor ani X Mauch X Conditions 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 2. All outdoor lighting 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. 3. Any equipment used and stored outdoors shall not obstruct designated parking spaces and shall be stored in a designated area, as highlighted on the conceptual site plan entitled "Site Plan for Southside Barbell, 03/23/2026", dated 3 March 2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and 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 PLANNING & COMMUNITY DEVELOPMENT VIRGINIA Zoning Administration BEACH 2403 Courthouse Drive, Building 3 Virginia Beach,VA 23456 DATE August 26, 2026 TO Kevin Dickhut I Southside Barbell FROM Hannah Sabo, Zoning Administrator SUBJECT Shared Parking Analysis—Southside Barbell SS16 Virginia Beach Blvd Kevin Dickhut, This letter is in response to your request for an administrative parking reduction through shared parking. According to section 203 (b)(10) of the City Zoning Ordinance, parking may be shared among two or more uses that typically experience peak parking demands at different times and are located on separate parcels. The Southside Barbell Gym, located at 5516 Virginia Beach Blvd, is located on the same parcel directly adjacent to a medical office. The submitted parking study, "Southside Barbell Parking Assessment" completed on 7/30/2026 by Oliver Burke, is based on the onsite shared parking demand study and shows that the office and gym uses experience peak parking demands at different times. Following review of the document, I have determined that the proposed reduction to 68 required parking spaces for the 5516 Virginia Beach Blvd parcel is approved pending the submittal of a signed shared parking agreement between all subject parcels. The following factors were considered in approving this reduction in parking from 92 required spaces to 68 spaces at 5516 Virginia Beach Blvd. • Jen Care Senior Medical Center includes 11,850 sq ft office floor area, requiring a total of 44 parking spaces.The site provides 45 spaces for this use, 1 space over the required minimum. The hours of operation for the medical facility are Monday through Friday 7:30am-5:00pm. The office is closed on Saturday and Sunday. • Southside Barbell includes 9,482 sq ft indoor recreation space, requiring 48 parking spaces. There are 23 parking spaces for this use on site, 25 spaces below the minimum parking required 48 spaces. • A parking evaluation was conducted over a two-week period,from May 11th, 2026, through May 22nd, 2026, and identified hourly member attendance at the SB facility as well as hourly parking availability(empty spaces) over the two-week period.This data was collected from 8:00am-5:00pm to identify parking demands when both businesses are operational.The peak parking demand occurs between 11:00 AM to 1:00 PM, with 12-18 available spots.This equates to an occupancy of 90%during this 2-hour period. • Patrons of both SB and JSMC also access the site through alternative transportation options that do not require onsite parking spaces. (757)385-4621 virginiabeach.gov/planning August 26, 2026 Southside Barbell Page 2 of 2 • Due to the proximity of nearby residential land uses,SB identify that 5 members consistently walk, bike, or run to the facility which accounts for up to 19-38%of total daily member attendance during peak times. • JSMC offers a dedicated medical transport option to bring visitors to/from the facility.SIB also indicated that a portion of patients of JSMC rely on app-based ride services.Additionally, a Hampton Roads Transit (HRT) bus stop is located within approximately 200 feet of the site entrance, providing additional means to access the site without requiring parking. • Together,these alternative transportation options reduce the number of patients driving themselves and require parking for the duration of their appointment. Based on the factors listed above, 5516 Virginia Beach Blvd is approved to have a required 68 off-street parking spaces to accommodate 11,850 sq ft office floor area +9,482 sq ft indoor recreation floor area. This approval is valid only for the uses as described and contingent upon a shared parking agreement being submitted. Redevelopment or repurposing the sites to a new use voids this approval.Should the sites increase in size and/or capacity, a new parking 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 HMSabo@VBgov.com. Sincerely, Hannah Sabo Zoning Administrator, City of Virginia Beach (757)385-4621✓ virginiabeach.gov/planning JenCare Senior Medical Center A CNENMED COMPANY To Whom It May Concern, I am writing this letter on behalf of JenCare to talk on the parking agreement within our combined lot and express our support for Southside Barbell and its ongoing and future business operations.JenCare is located at 5516 Virginia Beach Blvd,and we have an established professional relationship with Southside Barbell.We are in the same building as Southside Barbell and share the same parking lot. To help manage the lot itself we have a verbal agreement to manage and provide access to designated parking spaces located within the lot This agreement includes the allocation and management of the 68 parking spaces within our lot which are be available for approved business use, including staff, patients, members and authorized visitors. Our Agreement has covered the following: Allow the use of the designated parking spaces during normal business hours(7:30am 5pm Monday-Friday)or as mutually agreed. - Coordinate and manage designated parking spaces to ensure proper use and availability. - Maintain clear communication between each other regarding parking access, issues, expectations, and any changes to availability. We currently have the lot divided at 23 spots for Southside and 45 for JenCare during our operating hours Due to their peak hours being outside of our operating hours, Southside Barbell keeps 6-8 of their 23 spots available for our employees to use during our operating hours and can help with additional spots if needed for our employees Outside of our normal business hours Southside Barbell has full access to the entirety of the lot This parking arrangement is intended to support operational efficiency and ensure safe, organized access for all parties involved. During the past 12 months we have shared the lot we have had little to no issues regarding this. I'm new to the Virginia Beach center and since I have been in my seat, Southside and I have a good relationship. If anything arises with parking issues,we immediately communicate with each other and work on the problem at hand. We have a solid working relationship and communication between our businesses.Should you require any additional information or verification, please feel free to contact us directly. V (757)473-3969 JenCareMed.com 9 5516 Virginia Beach Blvd,Virginia Beach.VA 23462 Sincerely, I� tad Colleen Creech, MPH Center Operations Director,Senior A:5516 Virginia Beach Blvd.Virginia Beach,VA 0:(757)825-8030 M:(757)478-9199 E:Co_lleen�LeerCh@jenceLemed.com w:j nca=edXQrn To Whom It May Concern, We,the undersigned business owners and representatives,are writing to formally express our support for SoUthside Barbell,located at 5516 Virginia Beach Blvd,Virginia Beach, Virginia. Southside Barbell is a Veteran-owned small business that serves as a professional, community-focused fitness facility promoting health,discipline,and positive engagement within our shared commercial area.In addition to serving the broader community, Southside Barbell actively supports members of the Military,First Responder,and Public Service(MFP)community,reflecting the strong civic and service-oriented values present in the City of Virginia Beach. Since opening,the business has demonstrated respect for neighboring tenants, maintained orderly operations,and contributed positively to the overall environment of the property. We confirm that we have not experienced operational disruption,safety concerns,or adverse impact resulting from their presence.On the contrary,we believe the gym adds value to the commercial center by: • Promoting health and wellness within the community • Supporting Military,First Responder,and Public Service members • Being a Veteran-owned business that reflects strong leadership and discipline • Bringing responsible,respectful ctientele to the area • Maintaining clean and orderly operations • Being cooperative and communicative with neighboring businesses We support Southside Barbell's continued operation,should additional information be required,we are willing to provide clarification regarding our support. Respectfully, Stephanie Dunn Chief Admin/Social Media Manager Southside Barbell 1SG,U.S.Army Reserve 253-985-0817 I Busines"Narne- ✓�V RepreseN e: Title:_ Signature: Izi Business Name: r TY1et Represe tatiy Name: h Title: 1V'Gl Signature: Business Name: ( Representative Name: Title: Signature: Business Name: Representative Name: °- Title: Signature: Business Name: US Representative Name: Title: Signature•Business Nam Name: �� � Representative Name: Title: �� `^ Signature: Business Name: Representative Narti Title:. i44,11 - Signature: Business Name: Representative Name: !� Title:.���y�l�_ ,_-- Signature:�� Business Name: &V, r Representative Name: Title: Signature: Business Name: nh� RepresentativQ,Name: V, _ Title: V1�1 Signature:__ Business Name: ►�t�� f� Representative Name:flat -0,X Title:_�v�� , ]/ Signature: Business Name: SI4hL--e Represe tative Name:_ Title: Signature: Business Name: 3e,;t4 44- OU +lrlS Representati'v�Name: Title: /Z"Y", _ Signature: P " Business Name:VOVIOJItAa OvIriq 6+V fe-S _ Representative Name:__lrf Sq�faGfl Title:.-ximre,-VLO Signature: �� -- __ Business Name: T IOW Representative Name: 1Q116Ext CrlG<.G Title: Dce vice A-ot"I Signature: Business Name: Representative Name:_ 15kift IyCOL Title: _ Signature: _ Business Name: Representative Name: Title: Signature: Business Name: Representative Name: Title: Signature: Business Name: Representative Name: Title: Signature: Business Name: Representative Name: — Title: Signature: Re:Community Support for Southside Barbell To Whom It May Concern, I am a resident of Virginia Beach and live within the surrounding area of Southside Barbell.I am writing to express my support for Southside Barbell's zoning application and continued operation. Southside Barbell is a Veteran-owned fitness facility that promotes health,discipline,and positive community engagement.The gym provides a structured,safe environment that supports residents,including members of the Military,First Responder,and Public Service community. As a nearby resident,I have not experienced negative impacts related to traffic,parking,noise,or safety.On the contrary,I believe Southside Barbell contributes positively to the area by promoting health,accountability,and responsible community involvement. I respectfully ask that the City of Virginia Beach support Southside Barbell's Conditional Use Permit request. r Respectfully, Stephanie Dunn _ Chief Admin/Social Media Manager ► Southside Barbell 1 SG,U.S.Army Reserve N 1 253-985-0817 z9heZ :ssalRPdawaH :ainleOls S��6 YNWiSb� :(Paluud)aweN :ssa]PPV awoH -------------------- !� :a�nleu�rg :(Palui d)aweN gnLz; — :ssaaPPV awoH :ainleuft �• 'L��Ui{f :(Paluud)aweN ` or 4 o :ssaaPPV awoH :amleuft :(Paluud)aweN F.jV:SSWPPV @wOH -�:ajnleuft :(Paluud)aweN rt 2�%)t)d h$ :ssaJPPV awoH ...++►yY)rO :ainleuft butylIli .(Paluud)aweN 37IT/�Jll Z°/�:ssaaPPV awoH ':aanle0is Paluud)auieN N—:ssaJPPVawoH �--� aanieu�is (Paluud)aweN Name(Printed): y Signature: Home A ress: Name(Printed): Signature: Home Address: Name(Printed): Signature: Home Address: Name(Printed): Signature: I ! Home Address: B Name(Printed): ; Signature: Home Address: 91 Name(Printed): Signature: Home Address: Name(Printed): Signature: Home Address: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 446 OCEANA BLVD, LLC [Applicant & Property Owner] Conditional Use Permit (Bar & Nightclub) for the property located at 446 Oceana Boulevard (GPIN 2417107263). COUNCIL DISTRICT 6 (Remick) MEETING DATE: October 6, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for a Bar& Nightclub to allow the continued operation of a bar and nightclub on this 39,959 square foot B-2 Community Business District zoned parcel. The site is located within the greater than 75 dB noise zone and is within Special Economic Growth Area (SEGA) 1 — East Oceana. The bar and nightclub use is considered compatible within the noise zone. The existing bar and nightclub has been in operation on the site since the 1950s, prior to the adoption of the current Zoning Ordinance and, as such, is a legally nonconforming use. A Notice of Violation was issued on January 13, 2026, after the Zoning Division was notified of a complaint of an expansion to the existing nonconforming use without obtaining the required building permits. The Conditional Use Permit was submitted to bring the Bar & Nightclub use into compliance with the current Zoning Ordinance. The bar and nightclub require 62 parking spaces, which are provided on-site. The bar and nightclub operates from 6:00 p.m. to 2:00 a.m., Sunday through Thursday, and from 6:00 p.m. to 3:00 a.m., Friday and Saturday. No changes to the hours of operation are proposed with this request. ■ Considerations: The site is located within the Special Use Business Place Type, Special Economic Growth Area (SEGA) 1 — East Oceana, and the greater than 75 dB noise zone of the AICUZ. The proposed bar and nightclub use is identified as a compatible use within this noise zone. Furthermore, the Comprehensive Plan emphasizes that land uses within AICUZ areas should conform to all adopted plans, including the applicable Strategic Growth Area Master Plans and AICUZ policies. The application primarily serves to recognize and regulate an existing use rather than facilitate new development or a significant expansion of the operation. A letter of concern was received citing concerns with the nature of the use, and there was one speaker in opposition at the Planning Commission hearing who 446 Oceana Blvd, LLC Page 2 of 2 cited concerns regarding the nature of the use and potential impacts to the community. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Physical Survey of Lots A & B Property of D.S. Potter Estate — Virginia Beach, Virginia for 446 OCEANA BLVD, LLC" dated May 14, 2026, REVISED: May 28, 2026, prepared by Rouse-Sirine Associates, LTD., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The applicant shall maintain a current and approved liquor license with the Virginia Alcoholic Beverage Control (ABC) Authority. 3. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and 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 Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r — Submitting Department/Agency: Planning Department City Manager: Q � Agenda Applicant & Property Owner: 446 Oceana Blvd, LLC Planning ViB- Commission PublicSeptember 1 Council . (Remick) dd1MMMM—= Project Details Request Conditional Use Permit (Bar & Nightclub) Staff Recommendation Approval {, Staff Planner Marchelle Coleman g Location o 446 Oceana Boulevard GPIN 2417107263 Site Size 39,959 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bayer ' Existing Land Use and Zoning District 3 Bar & Nightclub / B-2 Community Business mSurrounding Land Uses and Zoning Districts North Wooded lot/ 1-1 Light Industrial o South Industrial Office / 1-1 Light Industrial East Wooded lot/ 1-1 Light Industrial 4 West Oceana Blvd Naval Air Station Oceana / 1-2 Heavy Industrial 446 Oceana Blvd, LLC Agenda Item 18 page 1 of 12 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Bar & Nightclub to allow for the continued operation of a bar and nightclub on this 39,959 square foot B-2 Community Business District zoned parcel. • The site is located within the greater than 75 dB DNL of the AICUZ and is within Special Economic Growth Area (SEGA) 1—East Oceana. The bar and nightclub use is considered compatible within the noise zone. • The existing bar and nightclub has operated on this site since the 1950s, prior to the adoption of the current Zoning Ordinance and, as such, is considered a legally nonconforming use. • A Notice of Violation was issued on January 13, 2026, after the Zoning Division was notified of a complaint of an expansion to the existing nonconforming use without obtaining the required building permits. The applicant is submitting this Conditional Use Permit to bring the Bar & Nightclub use into compliance with the current Zoning Ordinance. Additionally, all necessary building permits shall be obtained, as noted in Condition 3. • The Bar and Nightclub operates from 6:00 p.m. to 2:00 a.m., Sunday through Thursday, and from 6:00 p.m. to 3:00 a.m., Friday through Saturday. • Per Section 203(a)(30) of the Zoning Ordinance, bars and nightclubs require 1 parking space per 100 square feet of floor area. The 6,171-square-foot bar and nightclub would require 62 parking spaces, which are provided on-site, as depicted on the Conceptual Site Plan. Zoning History # Request 1 CUP (Bulk Storage Yard) Approved 06/06/2023 NON Approved 08/27/2013 2 CUP (Filling a Borrow Pit) Approved 3 04/10/2007 - 3 CUP (Landfill, Bulk Storage, and a Building °��, Contractor's Yard) Approved 07/12/1994 Z2 1� 12 03 c 0 1 446 Oceana Blvd, LLC Agenda Item 18 page 2 of 12 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC. Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • . • Staff finds the request for a Conditional Use Permit to allow the continued operation of a Bar and Nightclub on the 39,959-square-foot B-2 Community Business District-zoned parcel acceptable. As stated previously, the site is located within the Suburban Area, Special Economic Growth Area (SEGA) 1 — East Oceana, and the greater than 75 dB DNL of the AICUZ. The City's AICUZ Overlay Ordinance establishes land use regulations and compatibility standards for properties located within high-noise areas. The proposed bar and nightclub use is identified as a compatible use within this noise zone. Furthermore, the Comprehensive Plan emphasizes that land uses within AICUZ areas should conform to all adopted plans, including the applicable Strategic Growth Area Master Plans and AICUZ policies. While a bar and nightclub is not specifically identified within that land use recommendation, the proposed use has historically operated at this location for several decades and is considered compatible within the applicable AICUZ noise contour. Additionally, because the request does not include new construction, an increase in intensity, or changes to site circulation, the proposal is not anticipated to create additional impacts on the surrounding area. Based on the information provided, the request appears to be generally consistent with the Comprehensive Plan's policies related to AICUZ compatibility and the continued economic use of properties within SEGA 1 — East Oceana. The application primarily serves to recognize and regulate an existing use rather than facilitate new development or a significant expansion of the operation. Based on these considerations, Staff recommends approval of this request subject to conditions below. Recommended Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Physical Survey of Lots A & B Property of D.S. Potter Estate —Virginia Beach, Virginia for 446 OCEANA BLVD, LLC" dated May 14, 2026, REVISED: May 28, 2026, prepared by Rouse-Sirine Associates, LTD., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The applicant shall maintain a current and approved liquor license with the Virginia Alcoholic Beverage Control (ABC) Authority. 446 Oceana Blvd, LLC Agenda Item 18 page 3 of 12 3. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and 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 • • Under the imagineVB 2040 Comprehensive Plan,the property is designated as a Special Use Business Place Type and is located within Special Economic Growth Area (SEGA) 1— East Oceana and the AICUZ Aircraft Noise Levels >75 dB area. The Comprehensive Plan states that the SEGA 1 — East Oceana area should accommodate "medium-intensity industrial and other utilitarian uses" within its western area (p. 90, imagineVB 2040 Comprehensive Plan). The Plan further notes that all SEGAs are located within Air Installation Compatibility Use Zones (AICUZ) and that development within a SEGA should be consistent with Article 18 of the Zoning Ordinance (p. 167, imagineVB 2040 Comprehensive Plan). The Business Place Type is intended to provide services to surrounding local communities and accommodate a considerable number of daily trips (p 170, imagineVB 2040 Comprehensive Plan). The Comprehensive Plan also establishes design policies applicable to the Business Place Type, including the need to separately and distinctly mark vehicular and non-vehicular access within a site, provide visible crosswalks where pedestrian pathways cross internal driveways or curb cuts, and locate bike racks near main building entrances so they are visible and convenient to use (pp. 171- 172, imagineVB 2040 Comprehensive 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. 446 Oceana Blvd, LLC Agenda Item 18 page 4 of 12 Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-No Data Available Proposed Land Use 3-No Data Oceana Boulevard 33,330 ADT' 39,700 ADT 1(LOS 4 "D") Available The peak hours for this land use does not coincide with the peak hours for the roadway. 1 Average Daily Trips 'As defined by a bar 'As defined by a bar 4LOS = Level of & nightclub & nightclub Service Master Transportation Plan (MTP)and Capital Improvement Program(CIP) Access to this site is from Oceana Boulevard, which is a four-lane minor suburban arterial with a variable right- of-way width. No roadway CIP projects are currently planned for this roadway. Active Transportation Plan (ATP) There are no improvements or recommendations in the ATP applicable to the subject site. Public Utility Impacts Water&Sewer City water and sanitary sewer are not available to the site. Health Department approval is required for private wells and septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 2026. 446 Oceana Blvd, LLC Agenda Item 18 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 at virginiabeach.gov/pc on September 3, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. 446 Oceana Blvd, LLC Agenda Item 18 page 6 of 12 me NxVrr snnlAnaA nArlfwAOEoa nr n. :.r.. •arzazrealwrnnA.;movacYa.eIaANAar.wNwemla.aAoe la IrMa roaxm Tzar aN rnrAwT:Nrn•mElYefen•xA:r.sa rs x.Ya+zua.e s�u�u,oxT»m rAl I r».Aa.sNrvcrtorzr sty-slamr rHe: rr[u.ne.w evnoarxcn rnr ne-rmc -c.uongfux wzrc�u�wNvaronew.:.wmwmxaurr acel�+a w.��nn • (t nts zumarros mt�uma+mourr.e urrfrr o� rnsl�va nn rn,s.axuwrreaam,e.nccrw;rrc�nrrves.Y.weal. n Ne' n ;�iauxa�ranx�'att�or.wraul�e'�uz«�wR«xn�wvw".wi-�+'�el�no-wn�uMvacwrE moor+un:usuw av w,r�un *arrnAAu+oaoow.trro Hor+aa: ' �•� vaetAale mrmw NGV9CR B C'7Y JF NRGRRAG#aA Be ACH :UB 2m,P.1E10i ily5'.PlC10J)P191YJ1 . 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O RABIWFWffl.p fWL WMMO,,F-W T310NiCE M1LAA.^.IA`? lVARIA01 E N10SN PUBLIC RIGHT-OF NyIr V10.M71ABYACI4VI.A(MIA 2Wi' IN.B.47.P.26)(M R.204.P 20) T-WJ7)mm MAxvv)4wglm (D .-m 40 BC,FEET =CL cm GRAPHICS�i4E _ W .. �0./21-1E01A'1-00 tt'M:21-21028C-M-N5 0,—EM--Amb.Ba d.VAmy 1. mmj T _ _ J (D Q N F•-+ r N 00 n Site Photos f- �U Y� M 446 Oceana Blvd, LLC Agenda Item 18 page 8 of 12 Site • • if w E 446 Oceana Blvd, LLC Agenda Item 18 page 9of12 V u I y -JI Disclosure Statement Disclosure BEACH Statement The disclosures contained in this form are necessary to inforen public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required forall applications that pertain to City real estate matters or to the development 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: 446 OCEANA BLVD,LLC as listed on application Is Applicant also the Owner of the subject property? Yes@ No@ If no,Property Ownet rnust complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes SNo@ if yes,name Representative: MORRIS H. FINE,ATTORNEY Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(DNo@ If yes,list the names of all officers,directors,members,at trustees below AND businesses that have^o parent-subsidiary'or affiliated business entity z relationship with the applicant.(Attach list if necessary.) Charles L.Phipps,Jr.and Yoshi S,Phipps Does the subject property have a proposed or pending purchaser? Yes U No v 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 airy proposed development contingent on the subject public action? Yes@ Noth If yes,narne the officinl or amptoyec,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the fallowing services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individuate Financing(mortgage,deeds of trust, @ Act Group,Inc. • cross-collateralization,etc.) Real Estate Broker/Agent/Realtor @ «G Disclosure Statement I rev. May-2024 page 1 of 3 446 Oceana Blvd, LLC Agenda Item 18 page 10 of 12 Disclosure SECTION DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return•Preparation O Architect/Designer/Landscape O O Jon Covington,Covington Hendrix Anderson Architects Architect/Land Planner Construction Contractor O E) Engineer/Surveyor/Agent O Jeffrey D.Williams,Rouse-Sirine Associates,LTD. Legal Services 0 Q Morrs H.Fine 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 provider/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. 446 OCEANA BLVD, LLC �,�(LDf .� f Jam' 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 SO 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 at contrbl 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 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§2.2-310.1, FOR CITY USE ONLY: No changes as of(date): 9/21/2026 Marchelle L. Coleman 9/21/2026 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 0 446 Oceana Blvd, LLC Agenda Item 18 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. 446 Oceana Blvd, LLC Agenda Item 18 page 12 of 12 0 0 z � P TP G 0 0 to z 03 B"2 L O O O P y' :n ® site 446 Oceana Blvd, LLC r--I Zoning 446 Oceana Boulevard Property Polygons Feet 0 25 50 100 150 200 Mao created by Plannina Department on 9/8/2026 Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Items #18 446 Oceana Blvd, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Clerk: Our next item is Item 18, 446 Oceana Blvd, LLC. Mr. Fine: Compared to the previous applicant, I'm going to be short. I'm Morris Fine. I'm an attorney. I've been practicing. I think,by all, I ask me, 72 years now. This is an application for a use permit. After the fact,and I acknowledge that my client,I think,wrongly thought that he could grandfather his addition onto this little piece of property that's over here on Oceana Boulevard. It was grandfathered when he bought it from a conditional use permit. So he added a little pool room and he added a couple little storage rooms, and that is the long and short of the whole thing what he did since he has been the owner, he and his mother owned the property. They bought the property,I think,in 2003,and they had some difficulty early on. And after that,they worked with the Navy. They changed the image. They changed the name on the property, and with the Navy's aid and assistance and some security issues,they've overcome all of those problems. I believe we've had no police,we've had no health, we've had no ABC issues, no Navy issues, for many years. I would suggest to you that your planning department has investigated. We've cooperated in every way with the planning department. Ms. Coleman has worked with us, and we have worked with her. And we submit that that plan that she approves should be granted to my client. And I'm happy to answer any questions you might have about this matter,But it seems like to me that the planning department, having investigated it and recommended it, that should be sufficient for you. Mr. Coston: Do we have any speakers? Clerk: Yes, we have one speaker, Jake Lewis. Mr. Lewis: Good afternoon, councilmen and council members. My name is Jake Lewis. I'm a concerned citizen speaking on behalf of other concerned citizens in opposition of Agenda 18. We have come to this hearing to give our input of concern for the application of the conditional use permit for Minx Gentlemen's Club, 446 Oceana Boulevard herein referred to as minks, we have submitted documents of information which the councilmen, the Council and council members received by email correspondence. There are three documents which describe in detail the concerns of myself, my friends, family, and business associates in the majority of jurisdictions. In the Hampton Roads,there is a concern of the impact of adult entertainment within our communities. The general consensus is that fewer of these establishments, the better and safer it is for the community in general. Minx is applying for a conditional use permit as a bar and nightclub, for which is currently operating under a grandfathered nonconforming use. Minx has been cited for violating its nonconformity by expanding its building structure square footage against the terms of Section 105 of the Virginia Beach Municipal Code, entitled Nonconformity. It is now attempting to apply for a conditional use permit to conform to city standards. The issue is that Minx is operating under a unique grandfathered use, most commonly known as adult use. Virginia Beach has not dictated a specific use for adult establishment, as stated previously, that it does not issue or allow new establishments to apply or operate as an adult use. This leads to a unique issue,with Minx applying for a conditional use permit. Minx already operates as an adult use; therefore, the only advantage to applying for a new conditional use permit is to allow for the expansion of the building, as it has already done in violation of city code. This goes against the intended goal of most jurisdictions of trying to reduce the amount of adult use within the communities. Phone conversations with city officials has revealed there is great confusion on how to handle this unique situation. We ask that the City to review all submitted documents and to please allow additional time to review all information pertaining to this matter before coming to a decision on the application in question. Our goal for today is the city to defer Agenda 18 for 30 days to review. Excuse me, Mr. Coston: sir. Your time has expired. Could you please? Mr. Lewis: Thank you. God bless. Mr. Coston: Thank you. Ms. Hippen: I have a question for you. Mr. Coston: Okay. Yes. Ms. Hippen: Is your objection to the establishment being there because it is an adult club? Mr. Lewis: The objection is that it will affect small business growth within the Hampton Roads. Ms. Byler: So, is that a yes or no, sir? Mr. Lewis: Yes. Mr. Coston: Any other questions? Thank you. You may be seated. Mr. Lewis: Thank you. Mr. Coston: We ready for discussion, or? Ms. Byler: I have a question for staff. Mr. Fine: Yes, ma'am. Mr. Coston: Do you want to rebut what the gentleman just said? Do you want to speak on your behalf? Mr. Fine: I'm sorry, I can't hear very well. Ms. Schoonover: He's saying, "Would you like to respond to what that gentleman just said? Would you want to rebut what he just said?" Mr.Fine: As I understand it,he may be a competitor. Some--has a business about maybe a half mile away. I don't know. I've just hastily looked up the name Mermaid, and my colleague of Joel Kenny here looked it up,and Mermaid is somewhere about a half a mile away,I don't know exactly what business they're in. The only thing I know is that it's been there for 50 years or more. That adjacent to the property is a welding shop,and I'm told that they appreciate what he is doing there. Then Virginia Beach owns a pit there. So there's no other businesses affected, nothing affected, at all, by this conditional use permit. It seems to me that we've investigated it thoroughly. He's now asking for another postponement,and it's been investigated thoroughly by the staff. The staff recommends it. I don't think the opposition is such that it should be given such weight to override the recommendation of the staff. Mr. Coston: Okay, thank you. Ms. Hippen: So, being the only sailor up here, I said, being the only sailor up here. I first got stationed at Oceana in 1992, and the club was then off limits. But that was not your club, right? Is that gentleman a competitor? You said,you looked him up. Mr. Fine: We believe him to be here representing a competitor. Ms. Hippen: Okay. Well,he stated that he objected solely because it was an adult entertainment club. That's what I understood. I'm glad that you got the place cleaned up, so that you are no longer on the black list. I just verified that you are not. I am concerned that you did add an addition without the appropriate permits. I want to make sure that you do understand that that is not appropriate, and that you do not do it again. Mr. Fine: He understands it. He's been punished. Ms. Hippen: I don't want to ask. Any further questions? Mr. Fine: Yes, sir. Mr. Camp: May I ask a question of the zoning administrator, please? Ms. Sabo: Do we ask, Mr. Fine to say anything? Mr. Camp: I have no questions for Attorney Fine. Mr. Fine: Thank you. Mr. Camp: So, in the prior testimony,we heard comment about the classification of the use. We understand that the use predates the zoning code, so you had to determine what is it and assign a use that,in this case,requires a conditional use permit. Could you please discuss that for a moment with us? Were there other choices you could have made? Ms. Sabo: I will, if it's all right with you, I will read the definition of a bar nightclub that is specifically defined within our ordinance. A bar or nightclub is an establishment, including a private club, as defined by this ordinance, that serves alcoholic beverages or where alcoholic beverages are consumed. At any time between midnight and 6 a.m., Except establishments in which the service of alcoholic beverages is incidental to a wedding. Other accessories, and in which both of the following conditions are met:the combined area of the dance floor and any other standing space exceeds 15% of the public floor area of the establishment, and amplified music other than pre-recorded background music, intended solely as an accompaniment to dining, is provided between midnight and 6 a.m. So, what we're looking at is if is the area of the dance floor, and that alcohol is served between midnight and 6 a.m.,and that's what pushes. This outside of what would otherwise be a restaurant, where they serve food and drink, But because of the area of dance floor, and it does not specify if that dance floor is for the patrons or for employees of the establishment. But we're looking at the area of the dance floor, and that alcohol is served, and so meets that definition of a bar nightclub. Mr. Camp: Thank you. So, as I understand it, Virginia Beach does not have a use classification of adult use, for example? Ms. Sabo: That's correct. It has an adult bookstore, which it goes on to specify what adult materials are within that use of an adult bookstore,but it includes showing portions of the anatomy, which is different than a would otherwise be permitted. Mr. Camp: So would I be correct then, in summarizing part of what I've heard today, perhaps this way that while there may be aspirations to modify our zoning code to include other categories that could then be treated in a different fashion, at this time,the application that came forward had to land on what we currently have, and among the choices that you had to choose between, you looked at the dance floor, the other aspects of the physical site in order to pick the category you felt fit best. Ms. Sabo: That is correct. Mr. Camp: Thank you very much. Ms. Hippen: I have a question. Is that the only? That's not the only adult club in in the city, is it? I didn't think it was. That's just the one by Oceanna. Okay, that's what I thought. Mr. Coston: Ms. Byler, Vice Chair. Ms. Byler: Thank you, Hannah. I'm sorry. I'm a little ignorant on this, but I want to understand if we deny this application. Then they will no longer be allowed to have a dance floor greater than 50% of the space, and they'll no longer be allowed to have sale of alcohol up to 6 a.m. Ms.Sabo: The use is legally non-conforming,so it's been in operation since prior to the ordinance. So at this point, if they were to remove, they have expanded that non-conforming use without a permit. Ms. Byler: Right. Ms. Sabo: They would be able to--they would have to remove this expansion and go back to the original size, but the structure is not non-conforming; it's the use that's non-conforming, because it has been less than--they would be able to remove the addition and go back to the original square footage of illegally non-conforming use, and they could continue to operate with that non- conforming use. Ms.Byler: They could leave the extension and turn it into a regular restaurant bar. Is that correct? Ms. Sabo: Yes, they. I believe they could go back. I'd have to just double check to make sure, but go in and become a regular restaurant, right without an increased dance floor, are they would either have to limit the hours they're serving alcohol or limit the dance floor area. Ms. Byler: Right. At this time,we're asking—they're asking us to approve the entire thing, with the addition for alcohol sales starting at 6 a.m. and to have a dance for more than 50%. If we deny that, then they still have the right to have to leave the addition, but they'd have to operate as a regular restaurant and abide by other constraints. Every other restaurant bar has to go by, is that correct? Ms. Sabo: Yes. Mr. Coston: Commissioner Schoonover? Ms. Schoonover: I move that we approve this application. Ms. Hippen: Second. Mr. Camp: I'm sorry, we couldn't hear the motion at this end of the dais. Could you repeat the motion? Ms. Schoonover: Yes, I said, I move that we approve this application. Ms. Hippen: And I said, second. Clerk: The vote is open. By a recorded vote of 9 to 1, Item 18, 446 Oceana Blvd, LLC, has been recommended for approval. Vote Tall Commission Member AYE 9 NAY 1 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moor'ani X Mauch X Conditions 1. The site shall be developed in substantial conformance with the conceptual plan entitled "Physical Survey of Lots A & B Property of D.S. Potter Estate—Virginia Beach, Virginia for 446 OCEANA BLVD, LLC" dated May 14, 2026, REVISED: May 28, 2026, prepared by Rouse-Sirine Associates, LTD., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development and incorporated herein by this reference. 2. The applicant shall maintain a current and approved liquor license with the Virginia Alcoholic Beverage Control (ABC) Authority. 3. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and 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. From: mbox445(a*name.com To: Marchelle Coleman Subject: Conditional Use Permit(CUP)Application-446 Oceana Blvd,Virginia Beach,VA Date: Monday,September 7,2026 11:59:28 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Conditional Use Permit (CUP) Application - 446 Oceana Blvd, Virginia Beach, VA References: Address: Minx Gentleman's Club, 446 Oceana Blvd, Virginia Beach, VA 23454 Operation: Bar/Club with Adult Use Planning Record 2026-ZCMP-00014 01/07/2026 (Zoning Complaint) Planning Record 2026-PCCC-00041 02/27/2026(Conditional Use Permit)(Bar and Night Club) Planning Commission Agenda September 9, 2026 Page 14 Agenda Item 18 Planning Commission Staff Report September 9, 2026 Page 225 Agenda Item 18 VA Beach Property Details (before expansion): https://propertysearch.virginiabeach.gov/#/property/24171072630000 (Click to 2nd Image) VA Beach Property Details (after expansion): From the above listed staff report on page 231-233 Dear commission and council members, This correspondence is being sent to voice concerns about the application for a new conditional use permit for an existing establishment which is in the process of expanding it's building structure and business. This location as noted in planning record 2026-ZCMP-00014 01/07/2026 was previously sited for expanding a non-conforming adult use building structure without city council approval. It is clear from photo evidence (including recorded images from google maps and google earth) that the building has been expanded over the last few years. The base image that the city shows on the its website property information page shows the original structure dimensions. As found during the cited violation there has been extensive construction and expansion of the adult use non- conforming structure in violation of the non-conformity. In previous conversation with the city planning department over the past few decades, interested businesses and individuals have been informed that conditional use non-conforming adult use businesses were not able to expand the square footage of the current establishment structure footprint without reapplying to the city for a new conditional use permit. If such a permit were to be issued the establishment would no longer be grandfathered to the non-conforming adult use and would therefor be unable to operate under the grandfathered terms for adult use. If previous conversations and conditions are such that the options for correction of the violation for expanding the building structure are to return the structure to its original state as documented by the city and/or photographic evidence of the previous building structure state, or apply for a new conditional use permit with the stipulation the non-conforming use as and adult use will no longer be valid under the new permit and the establishment will need to follow the new city regulations as pertaining to conditional use for a new bar and nightclub. Please also keep in mind that this request for a conditional use permit was applied for after the expansion on the building was already performed. This means the establishment attempted to do the expansion of approximately one thousand square feet in violation of city ordinances and without the required city permits and without the city council's required approval. The building structure photos included in the planning commission staff report were actually performed prior to the conditional use permit application date and before the zoning complaint of structure expansion were issued. The owner continues to expand the business establishment without any regards to following the laws as required by the city. In addition to the concerns of the conditional use permit there is also a concern to the full nature of the business. The business which is operating as Minx Gentleman's Club in Virginia Beach is a well know adult entertainment business. In operation for many decades the establishment is well known for a large volume violence which includes multiple shootings, murders, drug and other illegal activities. These crimes as well as others are easily verified by news archives and through court documents. The current application for a conditional use permit is for an expanded building structure which operates this business and therefor will generate even more of the same type of business activity than before. I don't think Virginia Beach wants to be known for allowing the expansion of these types of adult use establishments and neither does it's citizens. Most jurisdictions are actively trying to reduce or eliminate these adult use establishments. Please take strong consideration of this as you decide on this matter. This is a complicated matter that the commission and council truly needs to take time to evaluate all information available and hopefully make the best decision for the city, it's citizens and visitors. The majority of individuals that are currently showing concerns have just received information on this matter over the past week and primarily from the planning commission announcements and reports over the last week. Most citizens were unaware of the public posting in the news paper or on the building. There are others willing to provide more information to the commission and council if additional time is made available to gather and provide it. To conclude please include this correspondence during all applicable meetings on this matter and let this correspondence also be a formal request and plea to defer any final decisions or votes on this matter for at least an additional 30 days or more to allow for all involved parties to obtain all the required information to make an appropriate and well informed final decision. Thank you for your time and attention to this matter. P.S. - This document will also be presented at the public hearing on September 9, 2026 From: mbox445 To: Marchelle Coleman Subject: Conditional Use Permit(CUP)Application-446 Oceana Blvd,Virginia Beach,VA(Additional Information) Date: Tuesday,September S,2026 11:15:47 AM CAUTION;This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Conditional Use Permit(CUP) Application - 446 Oceana Blvd, Virginia Beach, VA (Additional Information) References: Links to Photos of Establishment Building Expansion(Code Violation) https:Hvabeach4.22web.org[ Link to Virginia Beach Code (Sec. 105. -Nonconformity): https://librar-.munico le.com/ya/virginia—beach/codes/code—of ordinances? nodeld=CO APXAZOOR ART1 EPR 105NO Dear commission and council members, Please be aware that there was prior communication with zoning, permits in regards to this matter from December of 2025 onward. Some of the contacts that were involved in the communications were Arlethia Wilson in Zoning, Jessica Hewes in Zoning and John Hewitt in Permits/Inspections. It seems there should have been some cross communications from these departments in connection with planning but it appears that was not the case. More communication with planning would likely be helpful at this point if additional time can be obtained. There are reference links noted above and additional information in regards to code violations pertaining to the expansions performed at 446 Oceana Blvd being submitted. As previously discussed,these building expansions were performed over the past few years without permits or city council approval. This shows that the establishment ownership has no regard for the proper procedural laws of the city. Applying for a new conditional use permit by the establishment owner is likely an attempt to bypass the Ordinance Sec. 105. -Nonconformity. Note that the Surrounding jurisdictions when being inquired on the subject state they would as a result of applying for a new conditional use permit have the current grandfathered adult use nullified leaving the establishment to operate as a standard bar, nightclub or restaurant with no adult use just as would be the situation with any other new conditional use permit applied for. It is the popular understanding that Virginia Beach as well as surrounding jurisdictions would typically decline approving adult use applications as an attempt to discourage any form of expansion of adult use as most local governments argue that adult entertainment causes negative secondary effects like higher crime rates, lower property values, and area economic decline over time. The resulting options for an existing establishment which violate sec 105 nonconformity should be as is with other jurisdictions. This would be to put the building back into the same state as prior to the building expansion or apply for a new conditional use permit and loose the grandfathered option of adult use at that location. It appears the current establishment business is attempting to bypass these options and both expand the building as well as retain the right to have an adult use. This strategy is not fair to other businesses who have followed the rules and laws and leaves a bad impression to all surrounding businesses and citizens. Hopefully this tactic can be prevented and the proper options will be followed. As in previous correspondence it is pertinent that enough time is given to further evaluate the current matter and therefor a this is also a formal request and plea to defer any final decisions or votes on this matter for at least an additional 30 days or more to allow for all involved parties to obtain all the required information to make an appropriate and well informed final decision. Thank you for your time and attention to this matter. P.S. - This document will also be presented at the public hearing on September 9, 2026 From: mbox445 To: Marchelle Coleman Subject: Conditional Use Permit(CUP)Application-446 Oceana Blvd,Virginia Beach,VA(Addition Time Request) Date: Tuesday,September 8,2026 2:47:01 PM rCAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments ou recognize the sender and know the content is safe. Conditional Use Permit(CUP) Application- 446 Oceana Blvd, Virginia Beach, VA (Addition Time Request) RE: Request for deferred application decision vote Dear commission and council members, As in previous correspondence it is pertinent that enough time is given to further evaluate the current matter and therefor this is also a formal request and plea to defer any final decisions or votes on this matter for at least an additional 30 days or more to allow for all involved parties to obtain all the required information to make an appropriate and well informed final decision. The applicant for the conditional use permit is currently fully operational as an adult use bar and nightclub and would still be able to operate as such. The construction on the building has already been completed. There are questions still open as to how the new conditional use permit would impact enforcement of a currently operational adult use business. As of yet these questions could not be answered and need to be researched and addressed. A brief extension would allow all parties to obtain and make a well informed analysis and decision on this matter. Communication is currently ongoing with Hannah Sabo, Zoning Administrator, and Jessica Hewes, Inspector Zoning Supervisor as well as other assistants in zoning and permits. Further communication with planning and city council would be extremely helpful to make sure the appropriate conclusions can be made. The questions in regards to the adult use of the subject business are still being evaluated by the previously mentioned individuals. Thank you for your time and attention to this matter. P.S. - This document will also be presented at the public hearing on September 9, 2026 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BIRCHWOOD MALL ASSOCIATES, L.L.P [Applicant & Property Owner] Conditional Use Permit (Indoor Recreational Facility) for the property located at 3754 Virginia Beach Boulevard (GPIN 1487440698). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: October 6, 2026 ■ Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility within a vacant 20,000-square-foot portion of an existing building within the Birchwood Shopping Center. The proposed facility will be open 24/7, with staffing from 7:00 a.m. to 10:00 p.m. daily. An estimated 5-20 members are anticipated during non-peak hours, and 50-75 members are anticipated during peak hours. While the proposed fitness facility is the primary use, accessory uses such as massage therapy, personal training, and chiropractic services are proposed. ■ Considerations: Staff finds, and the Planning Commission concurred, the request to be acceptable as proposed. The site is located within the Rosemont Strategic Growth Area (SGA), designated as a Mixed-Use Land Use in the SGA Master Plan, and is within a Local Center (Core) Place Type which envisions compact, low-to-moderate intensity settings with a diverse range of housing types for people across all income levels, emphasizing locally oriented businesses and civic uses. The use will provide a needed and valuable service to the community and is considered compatible. Staff received one letter of support for this request, and there is no known opposition. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On September 9, 2026, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. Birchwood Mall Associates, L.L.P Page 2 of 2 2. 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 is 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. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. A bike rack shall be installed at or near the main entrance of the property. 5. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 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 Letter(s) of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 •enda Item • Applicant i Property Owner: Birchwood • L.L.P. vp CouncilPlanning Commission Public Hearing: September 9, 2026 City Project Details Request Conditional Use Permit (Indoor Recreational Facility) { EDIN•URGH DR Staff Recommendation '.F�� �+ R! _ q r`t 11R fi <h � _0- Approval �""{-��-^+ _'CHt MQGR7 �Y-I,I }�-` `j }t.:rs Approval :, r _a �o . ,>STRATHI S �MDDRIAND rs I .k$ OR l'AL4t w1._ jJ�BROAOMOQRr CTl Staff Planner MPL-� r..C[T f, ' LAVE Arianna Low Ir ' sy71'In,1 1 t LLB- j_ NrueoRht" Location 3754 Virginia Beach Boulevard __ � k VIRGIN!l18EACH8� 7 GPIN Y- s _. _._ D ---bDONNEYR�--- Cy e 1487440698 Site Size np $ a m 12.23 acres A/CUZ - Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning DistrictA Shopping Center/ B-2 Community Business s Surrounding Land Uses and Zoning Districts North Lampl Avenue Park, single-family dwellings/ R-7.5 Residential South _ Virginia Beach Boulevard, Bonney Road Motor vehicle sales, retail / B-2 Community Business East Shopping Center/ B-2 Community Business West Caren Drive Single-family dwellings/ R-7.5 Residential Birchwood Mall Associates, L.L.P. Agenda Item 19 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to operate a fitness facility within a vacant 20,000-square-foot portion of an indoor shopping center on this 12.23-acre B-2 Community Business District zoned parcel. The site is located within the Rosemont Strategic Growth Area (SGA). • The new tenant is Iron Asylum, a warehouse gym facility with locations already in existence in Hampton Roads. The facility is proposed to be a 24/7 operation, with staff on-site from 7:00 a.m. to 10:00 p.m., Monday through Sunday. The applicant estimates between 50-75 members on site during peak hours, and 5-25 during non-peak hours. • While the primary use will be for the fitness facility, accessory services will be offered as well. These include massage therapy, personal training, and medical chiropractic services. • The applicant is proposing to install an Iron Asylum Warehouse Gym Sign on the front of the building, above the entrance doors. A separate permit will be required and shall comply with the requirements of the City Zoning Ordinance. No other exterior modifications to the existing building are proposed. • Per Section 203 of the Zoning Ordinance, Indoor Recreational Facilities require 1 parking space per 200 square feet of floor area. The 20,000-square-foot suite requires 100 parking spaces, and 163 spaces are designated for use in the shared parking lot to the west of the proposed facility, thereby satisfying the parking requirement. More than 600 spaces throughout the entire lot are shared amongst other commercial uses including various retail uses, a grocery store, and restaurants. Birchwood Mail Associates, L.L.P. Agenda Item 19 page 2 of 14 HistoryZoning - r # Request - -R7:S i /IRr�.3 R7:5 --off -iR7 5- -4 \ 1 CUP (Motor Vehicle Bulk Storage) Approved - � „ = t. 10/21/2025 LE / 2 CUP (Senior and Disabled Housing) Approved I iRT5 08/12/2020 ' f r 5 3 CUP (Assembly Use [Event Hall]) Approved --- 62 o� - 05/13/2014 CUP (Motor Vehicle Rentals) Approved 4 06/12/2007 'D / I CUP (Automobile Service Station -Fuel Sales) VI > N •a.•,,,pVI c � RGINIA BEACH BLVD 5 Approved 06/26/2001 -_o ___ .. IL CUP (Relocation of Existing Automobile ServiceB2 ao a B2 - 4,- -Tire Bay) Approved 01/10/1996 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 Evaluation - • • • The request for a Conditional Use Permit for an Indoor Recreational Facility is, in Staffs opinion, acceptable. The proposed use is compatible with the other commercial uses located in the shopping center and is an appropriate reuse of the vacant retail space. As the site was built to accommodate a variety of commercial uses, there is sufficient parking available on site to accommodate the proposed facility in addition to the existing commercial uses on site. Based on the recommendation of staff, the applicant has agreed to install a bike rack near the front of the building to accommodate alternative forms of transportation and contribute to a pedestrian-friendly environment. In addition, the operational characteristics of the use are not expected to create adverse impacts on adjacent properties or traffic levels. The proposed use will occur entirely within the existing commercial building, with no exterior building modification, material changes, or site layout changes proposed. The proposal also ensures that the existing site can safely accommodate the proposed use, any pick-up/drop-off activity, and general pedestrian circulation. Birchwood Mall Associates, L.L.P. Agenda Item 19 page 3 of 14 Based on the considerations above, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 2. 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 is 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. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. A bike rack shall be installed at or near the main entrance of the property. 5. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 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. Birchwood Mall Associates, L.L.P. Agenda Item 19 page 4 of 14 Comprehensive Plan Information The Comprehensive Plan identifies the site as being located within the Local Center (Core) Place Type and the Rosemont SGA (Strategic Growth Area). The overarching goal across all Local Center (Core) Place Types is to incorporate compact, low-to-moderate intensity settings with a diverse range of housing types for people across all income levels, emphasizing locally oriented businesses and civic uses (p. 151, imagineVB 2040 Comprehensive Plan). With improved connectivity and mobility, the Rosemont SGA will transition from an auto oriented retail strip to a mixed-use transit oriented neighborhood center at higher densities (p. 35, Rosemont SGA 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. Traffic Impacts/Transportation Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-728 ADT Virginia Beach 74,000 ADT 1(LOS a Boulevard 48,200 ADT1 „D„) Proposed Land Use 3-No Data Available 1 Average Daily Trips 'As defined by an 3As defined by a 4LOS = Level of 20,000 SF Indoor 20,000 SF Indoor Service Recreation Facility Recreation Facility Master Transportation Plan(MTP)and Capital Improvement Program(CIP) In the vicinity of this site is an eight-lane major urban arterial with a 140-foot right-of-way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155 feet. 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. .. Birchwood Mall Associates, L.L.P. Agenda Item 19 page 5of14 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. 1 letter of support has been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2026. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 26, 2026, and September 2, 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 August 24, 2026. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage at virginiabeach.gov/pc on September 3, 2026. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 22, 2026 and September 29, 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 September 21, 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 October 2, 2026. Birchwood Mall Associates, L.L.P. Agenda Item 19 page 6 of 14 Proposed Layout Proposed Indoor Recreation Facility 477 «. ow— ,p a ff .. a. r / �s Birchwood Mall Associates, L.L.P. Agenda Item 19 page 7 of 14 Proposed tv►M,� 41 rAn r+Fr.ONO A+E 6ff+ if 1 AK f!J .-r ENE 1,r V4VAi 1 nnr �i t t4 pia' :r+r I 8 »rk F11_7R, 14 .,[.y � n , j 1 �} BERCIWVOOR MALL ASSOCIATES,LL P PROPOSED FITNESS FACILITY 3754 VIRGINIA BEAC14 BLVD. JJNE 29,2028 Birchwood (Mall Associates, L.L.P. Agenda Item 19 page 8 of 14 r Birchwood Mall Associates, L.L.P. Agenda Item 19 page 9 of 14 Site Photos 4 f Birchwood Mall Associates, L.L.P. Agenda Item 19 page 10 of 14 Disclosure Statement VIRGINIA vs StatementBEACH The disclosures contained In this farm are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this farm Is required forall applications that pertairn 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 apialication BIRCHWOOD MALL ASSOCIATES, L.L,P. Is Applicant also the Owner of the subject property? YesQ Noo If no,Property Owner must complete SECTION 2:PROPER7YOWNER DISCLOSURE(pane 3). Does Applicant have a Representative?Yes@ NoO if yes,nome Representative. KIMBERLY D. SHEPHERD, ESQ., Troutman Pepper Locke LLP 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 J or affiliated business entity 2 relationship with the opplicont.(Attach list if necessary.) SEE ATTACHED LIST. Does the subject property have a proposed or pending purchaser? Yes Noi• If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR f MPI t}YI=E 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 y Financing(mortgage,deeds of trust, cross-collateralization etc.) 0 4/r+, -Real Estate Broker/ ent/Realtor Q 0 HARVEY LINDSAY-Larry+Hecht Disclosure Statement I rev. May•2024 page 1 of 3 Birchwood Mall Associates, L.L.P. Agenda Item 19 page 11 of 14 Disclosure SECTION - • DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 , d Legal Services O 1 0 TROUTMAN PEPPER LOCKE LLP-Kimberly Shepherd 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. BIRCHWOOD MALL ASSOCIATES,L,L.P.,BY: Applicant Name(Print) Applicant Signature D4e 7 "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"Aff iiiated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when N one business entity has a controlling ownership interest in the other business entity,(Ll) 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 ti►e 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): 9/15/2026 Arianna Low 9/21/2026 Staff Name(Print) SlttaffswliwN Date Disclosure Statement I rev, May-2024 page 2 of 3 Birchwood Mall Associates, L.L.P. Agenda Item 19 page 12 of 14 Disclosure Statement Landlord/Applicant is: Birchwood Mall Associates,L.L.P.,a Virginia limited liability company Members are: Arch Associates, L.L.P. CGEL Associates,L.L.P. 1FA Properties,L.L.C. Members of: Arch Associates,L.L.P. T CGEL Associates,L.L.P. Hecht Family GCH Trust Partnership Cheryl F.Sloane 2012 Family Irrevocable Tr Stephen R.Caplan TOD 08/23/2018 Gail S. Fleder Renee S.Caplan Irrev.Trust 2012 Gail S. Fleder-Sloane Children's Irrevocable Tr Emily L.Caplan Nied Family Trust 2012 Gail S.Fleder-Kahn Children's Irrevocable Tr Jenifer Caplan Family Trust 2012 Gail S.Fleder-Fleder Children's Irrevocable Tr Sarah M.Caplan Family Trust 2012 Eileen F.Kahn 2012 Family Irrevocable Tr James M.Caplan TOD 08/22/2019 Lawrence E. Fleder 2012 Family Irrevocable Tr Brooke E.Caplan August Family Trust 2012 __------------------------------------------------------------ Louis T.Caplan Family Trust 2012 1FA Properties, L.L.C. I Seth A.Caplan Family Trust 2012 Karen G.Jaffe Exempt M Trust Joel Randolph Hecht 2012 Irrevocable Trus Karen G.Jaffe Nan-Exempt M Trust Joseph tawrenece Hecht Karen G.Jaffe Descendants'Trust Michele Hecht Cleland Nathan E, Jaffe Trust dtd 8/26/96(Restated 3/5/09 Emily Caplan Nied Jenifer Caplan Revocable Trust 6/25/2021 Sarah M. Caplan Brooke Caplan August Louis T.Caplan Seth A.Caplan 2024 Irrevocable Trust Birchwood Mall Associates, L.L.P. Agenda Item 19 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. Birchwood Mall Associates, L.L.P. Agenda Item 19 page 14 of 14 � j o ° rn ;d rn � 0 CRONIN RD 0 p Na V MUVd 000MH0?619 ;u f-A 0r:W 1 CAREN DR C C 4MI�L1• V[� z z n a ca m ~ n rrl CA n a ' = s C O CQ Q < < fi v v n N 4 =' O co �° O O C tD z INS ou I— y :D U3 o v 3 a � D O n 1 J � A a m o Q- N 7 0O fl (D # q: o flt A m !T9 N W 7co r iv N (D CD ., Virginia Beach Planning Commission September 9, 2026 City Council Chambers Formal Hearing, 12:00 P.M. Public Meeting Item #19 Birchwood Mall Associates, LLP Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms.Byler: And the last item on the consent agenda is Item 19,Birchwood Mall Associates LLP. Welcome. Please state your name for the record. Ms. Shepard: Thank you, Madam Vice Chair, Chairman, and other members of the Planning Commission. My name is Kim Shepard. I'm an attorney at Troutman Pepper, representing the applicant here today. All conditions are acceptable to our applicant, and thank you to staff, especially Ariana, for her diligent assistance with this matter. Ms. Byler: Thank you. You may be seated. Is there anyone here in opposition to this matter being placed on the consent agenda? Hearing none, I have asked Commissioner Cuellar to read it into the record. Ms. Cuellar: Thank you very much. Birchwood Mall Associates LLP is requesting a conditional use permit for an indoor recreational facility to operate a fitness facility within a vacant, 20,000 square foot portion of an indoor shopping center on this 12.23 acre B2 Business, excuse me, B2 Community Business District Zone parcel. The site is located within the Rosemont Strategic Growth area, and the new tenant will be Iron Asylum. There are no known speakers with objection. Staff is recommended for approval, and the Commission concurs and has asked for it to be on the consent agenda. Ms. Byler: Thank you, Commissioner Cuellar. Chair Coston,that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda,three records of minutes, and Items number 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19. I make a motion that these matters be added. Ms. Cuellar: Second. Mr. Coston: It has been moved by Vice Chair Byler and seconded by Commissioner Cuellar. Is there anybody abstaining from this vote? Mr.Plumlee: I'm abstaining from the single item of the minutes from the visit. The visits always happen before I am able to conduct my conflicts check, and therefore I do not attend them until I understand whether there's a conflict. Thank you. Mr. Coston: Madam Clerk. Could you please open the vote? Clerk: The vote is open. Commissioner Moorjani your vote. By a recorded vote of 10 to 0, with the aforementioned abstentions, all aforementioned minutes and Items 4, 5, 6, 10, 12, 13, 14, 15, 16, and 19 have been recommended for approval by consent. Mr. Coston: Thank you, Madam Clerk. If you had an application that was on the consent agenda, your request would now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applications, applicants on the consent agenda, thank you for your participation, and you may remain in the meeting, or you may either virtually or in person. But you're free to leave. Vote Tall Commission Member AYE 10 NAY 0 ABS 0 ABSENT 1 Camp X Cromwell X Anderson X B ler Vice Chair X Schoonover X Plumlee X Hi en X Cuellar X Coston Chair X Moorjani X Mauch X Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 2. 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 is 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. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. A bike rack shall be installed at or near the main entrance of the property. 5. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 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. it Outlook 3754 Virginia Beach Blvd. FW: Music In Motion -Notice to Tenants From Shepherd, Kimberly D. <Kimberly.Shepherd@troutman.com> Date Mon 8/10/2026 8:23 AM To Arianna Low <ALow@vbgov.com> Cc Lawrence E. Fleder <lakebarb4@aol.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, Sharing some positive feedback and support of the proposed indoor fitness facility from a tenant in the shopping center received by email below. Respectfully, Kim Kimberly D. Shepherd Associate troutman pepper locke Direct: 757.687.7584 kimberly.shepherd@troutman.com From: <director musicinmotionva.com> Sent: Thursday,August 6, 2026 2:18:05 PM Subject: Re: Music In Motion -Notice to Tenants This is incredible news! Iron Asylum is a fantastic gym with a great following and strong ownership, I'm very familiar with them. Bonus for Music in Motion...many of their services will complement those at Music in Motion through physical activity and support on the parent side! NOTICE: This e-mail (and any attachments) from a law firm may contain legally privileged and confidential information. If you received this message in error, please notify the sender and delete it. Any unauthorized reading, distribution, copying, or other use of this e-mail (and attachments) is strictly prohibited. E-mails may be monitored or scanned for security and compliance purposes. For more information, including privacy notices and policies, please visit www.troutman.com. If services are provided by Troutman Pepper Locke UK LLP, please see our London office page (www.troutman.com/offices/london.html) for regulatory information. M. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • ADVERTISING ADVISORY COMMITTEE • BEACHES AND WATERWAYS ADVISORY COMMISSION • DEFERRED COMPENSATION BOARD • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT (COG) REVIEW & ALLOCATION COMMITTEE • GREEN RIBBON COMMITTEE • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • RESORT ADVISORY COMMISSION • STORMWATER APPEALS BOARD • VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION • VIRGINIA BEACH TOWING ADVISORY BOARD • WETLANDS BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S R U T N H C DATE:09/15/2026 PAGE: 1 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 1. CITY COUNCIL'S BRIEFINGS A. FLOOD PROTECTION PROGRAM AND Jeff Waller,P.E., CAPITAL IMPROVEMENT UPDATE Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica,P.E., Program Manager- Jacobs Engineering B. NATIONAL FLOOD INSURANCE PROGRAM AND COMMUNITY RATING SYSTEM Whitney UPDATE McNamara, CFM,Environment al Coordinator— Planning Department II. CITY MANAGER'S BRIEFING A. ECONOMIC DEVELOPMENT SMALL Emily Archer, BUSINESS RESOURCES Director— Economic Development Jerry Mathis, Manager—The HIVE/Small Business Resource Center III.- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y VI. A.-F. G. MINUTES INFORMAL and FORMAL SESSIONS— APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y September 1,2026 INFORMAL and FORMAL SESSIONS— APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y September 8,2026 CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S R U T N H C DATE:09/15/2026 PAGE: 2 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_j N H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION— VIRGINIA BEACH LITTLE LEAGUE SOFTBALL Trenton Shively,President—Virginia Beach Little League 2. RESOLUTION IN RECOGNITION—FILIPINO AMERICAN HISTORY MONTH 3. RESOLUTION IN RECOGNITION Dieter Steinhoff J.1. Ordinance to AUTHORIZE the acquisition ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y of an Agricultural Land Preservation CONSENT (ARP)easement from Melvin H.Eaton,II (31.98+/-acres),the issuance by the City of its contract obligations in the maximum principal amount of$473,304 and TRANSFER funds to purchase U.S. Treasury STRIPS J.2. Resolution to DESIGNATE October 13, ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y 2026 as National Metastatic Breast CONSENT Cancer Awareness Day and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink,teal and green lighting(Requested by Mayor Dyer,Vice Mayor Wilson and Council Members Remick and Schulman) J.3. Resolution to REFER to the Planning ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Commission for its recommendation to CONSENT the proposed amendment to the City Zoning Ordinance(CZO)to AMEND the Official Zoning Map re reduce the Oceanfront Resort Short Term Rental Overlay District(Requested by Mayor Dyer,Vice Mayor Wilson and Council Members Berlucchi,Remick and Schulman) J.4. Ordinance to ADD City Code Section 33- ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y 114.4.3 re National Register Historic CONSENT District signs CITY OF VIRGINIA BEACH A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S R U T N H C DATE:09/15/2026 PAGE: 3 L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.5. Ordinance to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y ACCEPT and APPROPRIATE$7-Million CONSENT from the Virginia Department of Transportation State of Good Repair/ Primary Extension Program to the FY2026-27 Public Works Operating Budget;TRANSFER funds as Pay- Go funding to Capital Project#100734, "Street Reconstruction III";and TRANSFER available balance in Capital Project#100401,"Street Reconstruction II"to Capital Project#100734 re road paving projects J.6. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE a$500,000 Firearms CONSENT Violence Intervention&Prevention(FVIP) Grant from the Virginia Department of Criminal Justice Services(DCJS)to the Police Department Operating Budget ($268,300)re metal detector,non-lethal training rounds and related supplies;Parks and Recreation Operating Budget($38,000)re enhance Parks After Dark;Juvenile Probation Operating Budget($193,700)re intervention programming;and AUTHORIZE the City Manager to EXECUTE all agreements, certificates and assurances re support localized gun violence intervention and prevention efforts J.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $348,403.57 from the Virginia CONSENT Department of Forestry to the FY2026-27 Agricultural Reserve Program(ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement J.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $59,498 from the Virginia Department of CONSENT Behavioral Health and Developmental Services(DBHDS)to the FY2026-27 Human Services Operating Budget re modernization of information technology infrastructure CITY OF VIRGINIA BEACH ' A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S DATE:09/15/2026 PAGE: 4 L M H C N R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.9. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE an$18,000 FY2025 State CONSENT Water Rescue Program Grant from the U.S.Department of Homeland Security (DHS),Virginia Department of Emergency Management(VDEM)to the FY2026-27 Fire Department Operating Budget re purchase Swift Water Rescue Team replacement personal protective equipment and support water rescue training J.10. Ordinance to TRANSFER$25,000 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y the General Fund Reserve for CONSENT Contingencies to the Economic Development Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Black BRAND re Black Diamond Weekend Event K.1. KROLL RESIDENTIAL,INC./PAULA G. APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y GIBSON for a Variance to Section 4.4(b) CONDITIONED,BY of the Subdivision Regulations re lot CONSENT width at 2540 Entrada Drive DISTRICT 2 K.2. BH FARMHOUSE,LLC/THE FARMHOUSE APPROVED/AS 9-1 Y Y Y N Y Y Y Y A Y Y LLC for a Variance to Section 4.4(b)of the PROFFERED/ Subdivision Regulations re lot width and CONDITIONED 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(Deferred from August 11,2026) K.3. BIVI REAL ESTATE LLC for a Modification APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y of Conditions to a Conditional Use Permit MODIFIED/ re indoor recreational facility at 941 CONDITIONED/AS Laskin Road DISTRICT 6 AMENDED,BY CONSENT KA. 449 LONDON LLC for a Conditional DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y Y Change of Zoning from R-10 Residential OCTOBER 20, District to Conditional 1-1 Light Industrial 2026,BY CONSENT District re develop site with a storage yard for contractors'vehicles, equipment&materials and a Conditional Use Permit re bulk storage yard at 2548 Potters Road DISTRICT 3 CITY OF VIRGINIA BEACH A R SUMMARY OF CITY COUNCIL ACTIONS K S B H S S E C U O - S DATE:09/15/2026 PAGE: 5 L M H C N 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 K.5. DOGS REAL ESTATE 2,LLC for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y Conditional Use Permit re residential CONDITIONED,BY kennel at 1652 Flanagans Lane DISTRICT CONSENT 2 K.6. CLARK NEXSEN,INC./VIRGINIA PILOT APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y ASSOCIATION TRUST for a Conditional CONDITIONED,BY Use Permit re commercial marina and a CONSENT Conditional Use Permit re dormitories for Marine pilots at 3329 Shore Drive DISTRICT 8 K.7. MARK MOISON,DAVID MOISON,LISA APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y MOISON for a Conditional Use Permit re CONDITIONED,BY short term rental at 304 28th Street,Unit CONSENT 105 DISTRICT 6 K.8. RAYMOND LEE SMITH&KRISTEN JUNE APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y GOLLIDAY for a Conditional Use Permit re CONDITIONED/AS short term rental at 516 22"d Street,Unit AMENDED,BY 100 DISTRICT 6 CONSENT K.9. WAVE INVESTMENT GROUP,LLC for a DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y Y Conditional Use Permit re short term OCTOBER 20,2026 rental at 414 19th Street,Unit 104 DISTRICT 6 K.10. CHRISTOPHER TAING/THENG TAING& APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y SAWALUK TAING for a Conditional Use CONDITIONED,BY Permit re short term rental at 415 CONSENT 20th Street DISTRICT 6 L. ACTIVE TRANSPORTATION ADVISORY RESCHEDULED B Y C 0 N S E N S U S COMMITTEE ADVERTISING ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD CITY OF VIRGINIA BEACH A R SUMMARY OF CITY COUNCIL ACTIONS K °S B H S S E C U O - S R U T N H C DATE:09/15/2026 PAGE: 6 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 CLEAN COMMUNITY COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Ryan Turner- Representing Senior High School Student Student Term 9/1/2026- 6/30/2027 MINORITY BUSINESS COUNCIL Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Eric Camacho Micah Rivers Unexpired term thru 9/15/2026- 5/31/2027 +2 Year Term 6/1/2027- 5/31/2029 PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Tiffany Jenkins 4 Year Term 9/15/2026- 8/31/2030 WETLANDS BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y William Serge- Representing Full Member Unexpired term thru 9/15/2026- 9/30/2027 +5 Year Term 10/1/2027- 9/30/2032 M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT 7:40 P.M.